Capital Icon Minnesota Legislature

Office of the Revisor of Statutes

SF 4760

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 04/08/2026 10:15 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; providing research data protection for data on individuals;
providing for certain terminology and reference updates for domestic abuse
programs and battered women; requiring judge to inquire whether victim has been
notified of plea and sentencing hearings; protecting victim from identification in
prosecutor's petition for sentence adjustment; expanding victim notification of
defendant eligibility for automatic expungement; protecting identity of minor
victim in a crime involving sexual performance; expanding protection from
employer retaliation to victims of stalking; modifying ignition interlock program
license revocation requirements; classifying driver's license indicators as private
data; clarifying responsibilities of Department of Corrections licensed juvenile
and adult community-based residential correctional facilities; modifying eligibility
of certain applicants for licenses to serve as private detectives or protective agents;
clarifying certain grants from the Bureau of Criminal Apprehension to local law
enforcement as reimbursements; updating law related to recording of crimes;
establishing process for determining how certain criminal records are ineligible
for sealing; requiring court to provide orders for protection for access by law
enforcement; designating unemployment insurance judges and paid leave appeals
judges as judicial officials; excluding unemployment insurance judges and paid
leave appeals judges from protections related to personal information in real
property records; changing provisions for employment or occupation due to
conviction of a crime; clarifying in law the multiple levels of substance abuse care
provided by the commissioner of corrections; expanding access to mental health
unit beds for incarcerated persons; making technical corrections; amending
Minnesota Statutes 2024, sections 13.69, subdivision 1; 13.6905, by adding
subdivisions; 13.871, subdivision 5; 116L.362, subdivision 1; 119A.37, subdivision
4; 142G.12, subdivision 2; 142G.53; 171.09, subdivision 3; 171.12, subdivision
7c, by adding a subdivision; 171.177, subdivision 8; 203B.06, subdivision 3;
203B.11, subdivision 1; 241.021, subdivisions 1f, 1i, 4a; 241.69, subdivisions 1,
3, 4, 5, 6; 256D.02, subdivision 12a; 256G.02, subdivision 6; 257.75, subdivision
6; 260E.02, subdivision 1; 299A.85, subdivision 4; 299A.90, subdivision 3;
299C.05; 299C.065; 299C.46, subdivision 6; 326.32, subdivisions 8, 10, 10a, 10c,
12; 326.33, subdivision 1; 326.3381, subdivisions 2, 4; 326.3382, subdivisions 1,
4; 326.3385, subdivision 2; 326.3386, subdivision 3; 364.03, subdivision 3; 364.05;
518B.02, subdivision 2; 609.133, subdivision 4; 609.3471; 609.605, subdivision
2; 609.7495, subdivision 1; 609A.015, subdivision 5; 611A.03, subdivision 1, by
adding a subdivision; 611A.036, subdivision 7; 611A.038; 611A.039, subdivision
1; 611A.31, subdivision 5; 629.72, subdivision 2a; Minnesota Statutes 2025
Supplement, sections 120B.22, subdivision 1; 171.12, subdivision 7; 171.178,
subdivision 5; 171.306, subdivision 1; 201.061, subdivision 3; 241.021, subdivision
1; 256G.03, subdivision 2; 480.40, subdivision 1; 480.50, subdivision 1; 609.101,
subdivision 2; 609.2334, subdivision 11; proposing coding for new law in
Minnesota Statutes, chapter 241; repealing Minnesota Statutes 2024, sections
169A.54, subdivision 6; 241.021, subdivisions 1g, 1h, 2a, 2b, 3, 6; 299C.12;
Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2.

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

ARTICLE 1

DEPARTMENT OF PUBLIC SAFETY

Section 1.

Minnesota Statutes 2024, section 13.69, subdivision 1, is amended to read:


Subdivision 1.

Classifications.

(a) The following government data of the Department
of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking
certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section 169.345, except that (i)
data that are not medical data may be released to law enforcement agencies, and (ii) data
necessary for enforcement of sections 169.345 and 169.346 may be released to parking
enforcement employees or parking enforcement agents of statutory or home rule charter
cities and towns;

(3) Social Security numbers in driver's license and motor vehicle registration records,
except that Social Security numbers must be provided to the Department of Revenue for
purposes of tax administration, the Department of Labor and Industry for purposes of
workers' compensation administration and enforcement, the judicial branch for purposes of
debt collection, and the Department of Natural Resources for purposes of license application
administration, and except that the last four digits of the Social Security number must be
provided to the Department of Human Services for purposes of recovery of Minnesota health
care program benefits paid;

(4) data on persons listed as standby or temporary custodians under section 171.07,
subdivision 11
, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated
caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate
at that time and that the information is necessary for notifying the designated caregiver of
the need to care for a child of the license holder; deleted text begin and
deleted text end

(5) race and ethnicity data on driver's license holders and identification card holders
under section 171.06, subdivision 3. The Department of Public Safety Office of Traffic
Safety is authorized to receive race and ethnicity data from Driver and Vehicle Services for
only the purposes of research, evaluation, and public reportsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (6) the following data on individuals created, collected, received, stored, used, or
maintained by the Office of Justice Programs: the name, address, email address, telephone
number, date of birth, or employer of a research participant; a unique identification number
assigned to a research participant; and any other data that could reasonably identify a research
participant.
new text end

The department may release the Social Security number only as provided in clause (3) and
must not sell or otherwise provide individual Social Security numbers or lists of Social
Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential
data: data concerning an individual's driving ability when that data is received from a member
of the individual's family.

Sec. 2.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision to
read:


new text begin Subd. 39. new text end

new text begin Office for Missing and Murdered Indigenous Relatives. new text end

new text begin Data related to
victim and family support are governed by section 299A.85, subdivision 4, paragraph (c).
new text end

Sec. 3.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision to
read:


new text begin Subd. 40. new text end

new text begin Office for Missing and Murdered Black Women and Girls. new text end

new text begin Data related
to victim and family support are governed by section 299A.90, subdivision 3, paragraph
(c).
new text end

Sec. 4.

Minnesota Statutes 2024, section 13.871, subdivision 5, is amended to read:


Subd. 5.

Crime victims.

(a) Crime victim notice of release. Data on crime victims who
request notice of an offender's release are classified under section 611A.06.

(b) Sex offender HIV tests. Results of HIV tests of sex offenders under section 611A.19,
subdivision 2
, are classified under that section.

deleted text begin (c) Battered women. Data on battered women maintained by grantees for emergency
shelter and support services for battered women are governed by section 611A.32, subdivision
5
.
deleted text end

deleted text begin (d)deleted text end new text begin (c)new text end Victims of domestic abuse. Data on deleted text begin battered women anddeleted text end victims of domestic
abuse maintained by grantees deleted text begin and recipients of per diem paymentsdeleted text end for emergency shelter
deleted text begin for battered womendeleted text end and support services deleted text begin for battered women and victims of domestic abusedeleted text end
are governed by sections 611A.32, subdivision 5, and 611A.371, subdivision 3.

deleted text begin (e)deleted text end new text begin (d)new text end Personal history; internal auditing. Certain personal history and internal auditing
data is classified by section 611A.46.

deleted text begin (f)deleted text end new text begin (e)new text end Crime victim claims for reimbursement. Claims and supporting documents
filed by crime victims seeking reimbursement are classified under section 611A.57,
subdivision 6
.

deleted text begin (g)deleted text end new text begin (f)new text end Crime Victim Oversight Act. Data maintained by the commissioner of public
safety under the Crime Victim Oversight Act are classified under section 611A.74,
subdivision 2
.

deleted text begin (h)deleted text end new text begin (g)new text end Victim identity data. Data relating to the identity of the victims of certain criminal
sexual conduct is governed by section 609.3471.

deleted text begin (i)deleted text end new text begin (h)new text end Victim notification. Data on victims requesting a notice of release of an arrested
or detained person are classified under sections 629.72 and 629.73.

deleted text begin (j)deleted text end new text begin (i)new text end Immigration status certification. Disclosure of the immigration status of a crime
victim and the classification of that data is governed by section 611A.95, subdivision 4.

Sec. 5.

Minnesota Statutes 2024, section 116L.362, subdivision 1, is amended to read:


Subdivision 1.

Generally.

(a) The commissioner shall make grants to eligible
organizations for programs to provide education and training services to targeted youth.
The purpose of these programs is to provide specialized training and work experience for
targeted youth who have not been served effectively by the current educational system. The
programs are to include a work experience component with work projects that result in the
rehabilitation, improvement, or construction of (1) residential units for the homeless; (2)
improvements to the energy efficiency and environmental health of residential units and
other green jobs purposes; (3) facilities to support community garden projects; or (4)
education, social service, or health facilities which are owned by a public agency or a private
nonprofit organization.

(b) Eligible facilities must principally provide services to homeless or low income
individuals and families, and include the following:

(1) Head Start or day care centers, including playhouses or similar incidental structures;

(2) homeless, deleted text begin battered womendeleted text end new text begin domestic abusenew text end , or other shelters;

(3) transitional housing and tiny houses;

(4) youth or senior citizen centers;

(5) community health centers; and

(6) community garden facilities.

Two or more eligible organizations may jointly apply for a grant. The commissioner
shall administer the grant program.

Sec. 6.

Minnesota Statutes 2024, section 119A.37, subdivision 4, is amended to read:


Subd. 4.

Additional services.

Each parenting time center may provide parenting and
child development classes, and offer support groups to participating custodial parents and
hold regular classes designed to assist children who have experienced domestic violence
and abuse. Each parenting time center must have available an individual knowledgeable
about or experienced in the provision of services to deleted text begin battered women anddeleted text end domestic abuse
victims on its staff, its board of directors, or otherwise available to it for consultation.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 120B.22, subdivision 1, is amended
to read:


Subdivision 1.

Violence prevention curriculum.

(a) The commissioner of education,
in consultation with the commissioners of health and human services, state minority councils,
deleted text begin battered women's anddeleted text end domestic abuse programsdeleted text begin , battered women'sdeleted text end new text begin andnew text end shelters, sexual
assault centers, new text begin and new text end representatives of religious communities, deleted text begin and the assistant commissioner
of the Office of Drug Policy and Violence Prevention,
deleted text end shall assist districts on request in
developing or implementing a violence prevention program for students in kindergarten to
grade 12 that can be integrated into existing curriculum. The purpose of the program is to
help students learn how to resolve conflicts within their families and communities in
nonviolent, effective ways.

(b) Each district is encouraged to integrate into its existing curriculum a program for
violence prevention that includes at least:

(1) a comprehensive, accurate, and age appropriate curriculum on violence prevention,
nonviolent conflict resolution, sexual, racial, and cultural harassment, self-protection, and
student hazing that promotes equality, respect, understanding, effective communication,
individual responsibility, thoughtful decision making, positive conflict resolution, useful
coping skills, critical thinking, listening and watching skills, and personal safety;

(2) planning materials, guidelines, and other accurate information on preventing physical
and emotional violence, identifying and reducing the incidence of sexual, racial, and cultural
harassment, and reducing child abuse, including physical abuse, and neglect;

(3) a special parent education component of early childhood family education programs
to prevent child abuse and neglect and to promote positive parenting skills, giving priority
to services and outreach programs for at-risk families;

(4) involvement of parents and other community members, including the clergy, business
representatives, civic leaders, local elected officials, law enforcement officials, and the
county attorney;

(5) collaboration with local community services, agencies, and organizations that assist
in violence intervention or prevention, including family-based services, crisis services, life
management skills services, case coordination services, mental health services, and early
intervention services;

(6) collaboration among districts and service cooperatives;

(7) targeting early adolescents for prevention efforts, especially early adolescents whose
personal circumstances may lead to violent or harassing behavior;

(8) opportunities for teachers to receive in-service training or attend other programs on
strategies or curriculum designed to assist students in intervening in or preventing violence
in school and at home; and

(9) administrative policies that reflect, and a staff that models, nonviolent behaviors that
do not display or condone sexual, racial, or cultural harassment or student hazing.

(c) The department may provide assistance at a neutral site to a nonpublic school
participating in a district's program.

Sec. 8.

Minnesota Statutes 2024, section 142G.12, subdivision 2, is amended to read:


Subd. 2.

30-day residency requirement.

An assistance unit is considered to have
established residency in this state only when a child or caregiver has resided in this state
for at least 30 consecutive days with the intention of making the person's home here and
not for any temporary purpose. The birth of a child in Minnesota to a member of the
assistance unit does not automatically establish the residency in this state under this
subdivision of the other members of the assistance unit. Time spent in a shelter for deleted text begin battered
women
deleted text end new text begin domestic abuse victimsnew text end shall count toward satisfying the 30-day residency
requirement.

Sec. 9.

Minnesota Statutes 2024, section 142G.53, is amended to read:


142G.53 FAMILY VIOLENCE WAIVER CRITERIA.

(a) In order to qualify for a family violence waiver, an individual must provide
documentation of past or current family violence which may prevent the individual from
participating in certain employment activities.

(b) The following items may be considered acceptable documentation or verification of
family violence:

(1) police, government agency, or court records;

(2) a statement from deleted text begin a battered women'sdeleted text end new text begin domestic abusenew text end shelter staff with knowledge
of the circumstances;

(3) a statement from a sexual assault or domestic violence advocate with knowledge of
the circumstances; or

(4) a statement from professionals from whom the applicant or recipient has sought
assistance for the abuse.

(c) A claim of family violence may also be documented by a sworn statement from the
applicant or participant and a sworn statement from any other person with knowledge of
the circumstances or credible evidence that supports the client's statement.

Sec. 10.

Minnesota Statutes 2025 Supplement, section 201.061, subdivision 3, is amended
to read:


Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register
or update a registration on election day by appearing in person at the polling place for the
precinct in which the individual maintains residence, by completing a registration application,
making an oath in the form prescribed by the secretary of state and providing proof of
residence. An individual may prove residence for purposes of registering or updating a
registration by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to
section 171.07;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting a current student fee statement that contains the student's valid address
in the precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee who provides
proof that they are employed by and working in a residential facility in the precinct and
vouching for a resident in the facility, sign an oath in the presence of the election judge
vouching that the voter or employee personally knows that the individual is a resident of
the precinct. A voter who has been vouched for on election day may not sign a proof of
residence oath vouching for any other individual on that election day. An election judge
may not sign a proof of residence oath vouching for any individual who appears in the
precinct where the election judge is working unless the election judge personally knows the
individual is a resident of the precinct. A voter who is registered to vote in the precinct may
sign up to eight proof-of-residence oaths on any election day. This limitation does not apply
to an employee of a residential facility described in this clause. The secretary of state shall
provide a form for election judges to use in recording the number of individuals for whom
a voter signs proof-of-residence oaths on election day. The form must include space for the
maximum number of individuals for whom a voter may sign proof-of-residence oaths. For
each proof-of-residence oath, the form must include a statement that the individual: (i) is
registered to vote in the precinct or is an employee of a residential facility in the precinct,
(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the
statement on oath. The form must include a space for the voter's printed name, signature,
telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part 8200.9939, must be
attached to the voter registration application.

(b) The secretary of state must publish guidance for residential facilities and residential
facility employees on the vouching process and the requirements of this subdivision.

(c) "Residential facility" means transitional housing as defined in section 256K.48,
subdivision 1
; a supervised living facility licensed by the commissioner of health under
section 144.50, subdivision 6; a nursing home as defined in section 144A.01, subdivision
5
; an assisted living facility licensed by the commissioner of health under chapter 144G; a
veterans home operated by the board of directors of the Minnesota Veterans Homes under
chapter 198; a residence licensed by the commissioner of human services to provide a
residential program as defined in section 245A.02, subdivision 14; a residential facility for
persons with a developmental disability licensed by the commissioner of human services
under section 252.28; setting authorized to provide housing support as defined in section
256I.03, subdivision 10a; deleted text begin a shelter for battered womendeleted text end new text begin emergency shelter services for
domestic abuse victims
new text end as defined in section deleted text begin 611A.37, subdivision 4deleted text end new text begin 611A.31, subdivision
3
new text end ; a supervised publicly or privately operated shelter or dwelling designed to provide
temporary living accommodations for the homeless; a facility where a provider operates a
residential treatment program as defined in section 245.462, subdivision 23; or a facility
where a provider operates an adult foster care program as defined in section 245A.02,
subdivision 6c
.

(d) For tribal band members, an individual may prove residence for purposes of
registering or updating a registration by:

(1) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized
by the Bureau of Indian Affairs, United States Department of the Interior, that contains the
name, signature, and picture of the individual and also presenting one of the documents
listed in Minnesota Rules, part 8200.5100, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge
responsible for election day registration initial each completed registration application.

Sec. 11.

Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read:


Subd. 3.

Delivery of ballots.

(a) The county auditor, municipal clerk, school district
clerk, or full-time clerk of any city or town administering an election pursuant to section
203B.05, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant
to section 203B.04, subdivision 5, on the following timelines:

(1) except as otherwise provided by this section, at least 46 days before each regularly
scheduled primary and general election and each special primary and special election;

(2) as soon as practicable for a special election held pursuant to section 204D.19,
subdivisions 2 and 3; and

(3) at least 30 days before a town general election held in March.

(b) The commissioner of corrections must provide the secretary of state with a list of
the names and mailing addresses of state adult correctional facilities. An application for an
absentee ballot that provides an address included on the list provided by the commissioner
of corrections must not be accepted and an absentee ballot must not be provided to the
applicant. The county auditor or municipal clerk must promptly transmit a copy of the
application to the county attorney. The Department of Corrections must implement procedures
to ensure that absentee ballots issued under this chapter are not received or mailed by
offenders incarcerated at state adult correctional facilities.

(c) If an application for absentee ballots is accepted at a time when absentee ballots are
not yet available for distribution, the county auditor, or municipal clerk accepting the
application shall file it and as soon as absentee ballots are available for distribution shall
mail them to the address specified in the application. If an application for absentee ballots
is accepted when absentee ballots are available for distribution, the county auditor or
municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the
application is submitted by mail and does not request commercial shipping under clause
(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the
voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in
person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been
designated to bring the ballots, as provided in section 203B.11, subdivision 4, to a voter
who would have difficulty getting to the polls because of incapacitating health reasons, or
who is disabled, or who is a patient in a health care facility, a resident of an assisted living
facility licensed under chapter 144G, a participant in a residential program for adults licensed
under section 245A.02, subdivision 14, or a resident of a shelter for deleted text begin battered womendeleted text end new text begin domestic
abuse victims
new text end as defined in section deleted text begin 611A.37, subdivision 4deleted text end new text begin 611A.31, subdivision 2new text end .

(d) If an application does not indicate the election for which absentee ballots are sought,
the county auditor or municipal clerk shall mail or deliver only the ballots for the next
election occurring after receipt of the application. Only one set of ballots may be mailed,
shipped, or delivered to an applicant for any election, except as provided in section 203B.121,
subdivision 2
, or when a replacement ballot has been requested by the voter for a ballot that
has been spoiled or lost in transit.

Sec. 12.

Minnesota Statutes 2024, section 203B.11, subdivision 1, is amended to read:


Subdivision 1.

Generally.

(a) Each full-time municipal clerk or school district clerk
who has authority under section 203B.05 to administer absentee voting laws must designate
election judges to deliver absentee ballots in accordance with this section. The county auditor
must also designate election judges to perform the duties in this section. A ballot may be
delivered only to an eligible voter who is a temporary or permanent resident or patient in
one of the following facilities located in the municipality in which the voter maintains
residence: a health care facility, hospital, or veterans home operated by the board of directors
of the Minnesota veterans homes under chapter 198. The ballots must be delivered by two
election judges, each of whom is affiliated with a different major political party. When the
election judges deliver or return ballots as provided in this section, they must travel together
in the same vehicle. Both election judges must be present when an applicant completes the
certificate of eligibility and marks the absentee ballots, and may assist an applicant as
provided in section 204C.15. The election judges must deposit the return envelopes containing
the marked absentee ballots in a sealed container and return them to the clerk on the same
day that they are delivered and marked.

(b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor,
absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a
shelter for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end as defined in section deleted text begin 611A.37, subdivision
4
deleted text end new text begin 611A.31, subdivision 2new text end , or to an assisted living facility licensed under chapter 144G.

Sec. 13.

Minnesota Statutes 2024, section 256D.02, subdivision 12a, is amended to read:


Subd. 12a.

Resident.

(a) For purposes of eligibility for general assistance, a person must
be a resident of this state.

(b) A "resident" is a person living in the state for at least 30 days with the intention of
making the person's home here and not for any temporary purpose. Time spent in a shelter
for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end shall count toward satisfying the 30-day residency
requirement. All applicants for these programs are required to demonstrate the requisite
intent and can do so in any of the following ways:

(1) by showing that the applicant maintains a residence at a verified address, other than
a place of public accommodation. An applicant may verify a residence address by presenting
a valid state driver's license, a state identification card, a voter registration card, a rent
receipt, a statement by the landlord, apartment manager, or homeowner verifying that the
individual is residing at the address, or other form of verification approved by the
commissioner; or

(2) by verifying residence according to Minnesota Rules, part 9500.1219, subpart 3,
item C.

(c) For general assistance, a county shall waive the 30-day residency requirement where
unusual hardship would result from denial of general assistance. For purposes of this
subdivision, "unusual hardship" means the applicant is without shelter or is without available
resources for food.

The county agency must report to the commissioner within 30 days on any waiver granted
under this section. The county shall not deny an application solely because the applicant
does not meet at least one of the criteria in this subdivision, but shall continue to process
the application and leave the application pending until the residency requirement is met or
until eligibility or ineligibility is established.

(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan
statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes any
shelter that is located within the metropolitan statistical area containing the county and for
which the applicant is eligible, provided the applicant does not have to travel more than 20
miles to reach the shelter and has access to transportation to the shelter. Clause (2) does not
apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(e) Migrant workers as defined in section 142G.02 are exempt from the residency
requirements of this section, provided the migrant worker provides verification that the
migrant family worked in this state within the last 12 months and earned at least $1,000 in
gross wages during the time the migrant worker worked in this state.

(f) For purposes of eligibility for emergency general assistance, the 30-day residency
requirement under this section shall not be waived.

(g) If any provision of this subdivision is enjoined from implementation or found
unconstitutional by any court of competent jurisdiction, the remaining provisions shall
remain valid and shall be given full effect.

Sec. 14.

Minnesota Statutes 2024, section 256G.02, subdivision 6, is amended to read:


Subd. 6.

Excluded time.

"Excluded time" means:

(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter other
than an emergency shelter, halfway house, foster home, community residential setting
licensed under chapter 245D, semi-independent living domicile or services program,
residential facility offering care, board and lodging facility or other institution for the
hospitalization or care of human beings, as defined in section 144.50, 144A.01, or 245A.02,
subdivision 14
; maternity home, deleted text begin battered women'sdeleted text end shelternew text begin for domestic abuse victimsnew text end , or
correctional facility; or any facility based on an emergency hold under section 253B.05,
subdivisions 1 and 2;

(2) any period an applicant spends on a placement basis in a training and habilitation
program, including: a rehabilitation facility or work or employment program as defined in
section 268A.01; semi-independent living services provided under section 252.275, and
chapter 245D; or day training and habilitation programs;

(3) any period an applicant is receiving assisted living services, integrated community
supports, or day support services; and

(4) any placement for a person with an indeterminate commitment, including independent
living.

Sec. 15.

Minnesota Statutes 2025 Supplement, section 256G.03, subdivision 2, is amended
to read:


Subd. 2.

No durational test.

Except as otherwise provided in sections 142G.12; 142G.78;
256B.056, subdivision 1; and 256D.02, subdivision 12a, for purposes of this chapter, no
waiting period is required before securing county or state residence. A person cannot,
however, gain residence while physically present in an excluded time facility unless otherwise
specified in this chapter or in a federal regulation controlling a federally funded human
service; children, youth, and families; or direct care and treatment program. Interstate
migrants who enter a shelter for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end directly from
another state can gain residency while in the facility provided the person can provide
documentation that the person is a victim of domestic abuse and the county determines that
the placement is appropriate.

Sec. 16.

Minnesota Statutes 2024, section 257.75, subdivision 6, is amended to read:


Subd. 6.

Paternity educational materials.

The commissioner of children, youth, and
families shall prepare educational materials for new and prospective parents that describe
the benefits and effects of establishing paternity. The materials must include a description
and comparison of the procedures for establishment of paternity through a recognition of
parentage under this section and an adjudication of paternity under sections 257.51 to 257.74.
The commissioner shall consider the use of innovative audio or visual approaches to the
presentation of the materials to facilitate understanding and presentation. In preparing the
materials, the commissioner shall consult with child advocates and support workers, deleted text begin battered
women's advocates and
deleted text end advocates for domestic abuse victims, social service providers,
educators, attorneys, hospital representatives, and people who work with parents in making
decisions related to paternity. The commissioner shall consult with representatives of
communities of color. On and after January 1, 1994, the commissioner shall make the
materials available without cost to hospitals, requesting agencies, and other persons for
distribution to new parents.

Sec. 17.

Minnesota Statutes 2024, section 260E.02, subdivision 1, is amended to read:


Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary
child protection team that may include but is not limited to the director of the local welfare
agency or designees, the county attorney or designees, the county sheriff or designees,
representatives of health and education, representatives of mental health, representatives of
agencies providing specialized services or responding to youth who experience or are at
risk of experiencing sex or labor trafficking or sexual exploitation, or other appropriate
human services, children's services, or community-based agencies, and parent groups. As
used in this section, a "community-based agency" may include, but is not limited to, schools,
social services agencies, family service and mental health collaboratives, children's advocacy
centers, early childhood and family education programs, Head Start, or other agencies
serving children and families. A member of the team must be designated as the lead person
of the team responsible for the planning process to develop standards for the team's activities
with deleted text begin battered women's anddeleted text end domestic abuse programs and services.

Sec. 18.

Minnesota Statutes 2024, section 299A.85, subdivision 4, is amended to read:


Subd. 4.

Duties.

new text begin (a) new text end The office has the following duties:

(1) advocate in the legislature for legislation that will facilitate the accomplishment of
the mandates identified in the Missing and Murdered Indigenous Women Task Force report;

(2) advocate for state agencies to take actions to facilitate the accomplishment of the
mandates identified in the Missing and Murdered Indigenous Women Task Force report;

(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to the cases of missing and murdered Indigenous
relatives;

(4) facilitate research to refine the mandates in the Missing and Murdered Indigenous
Women Task Force report and to assess the potential efficacy, feasibility, and impact of the
recommendations;

(5) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;

(6) track and collect Minnesota data on missing and murdered indigenous women,
children, and relatives, and provide statistics upon public or legislative inquiry;

(7) facilitate technical assistance for local and Tribal law enforcement agencies during
active missing and murdered Indigenous relatives cases;

(8) conduct case reviews and report on the results of case reviews for the following types
of missing and murdered Indigenous relatives cases: cold cases for missing Indigenous
people and death investigation review for cases of Indigenous people ruled as suicide or
overdose under suspicious circumstances;

(9) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against an Indigenous person. These case reviews
should identify those cases where the perpetrator is a repeat offender;

(10) prepare draft legislation as necessary to allow the office access to the data required
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;

(11) review sentencing guidelines for missing and murdered Indigenous women-related
crimes, recommend changes if needed, and advocate for consistent implementation of the
guidelines across Minnesota courts;

(12) develop and maintain communication with relevant divisions in the Department of
Public Safety regarding any cases involving missing and murdered Indigenous relatives and
on procedures for investigating cases involving missing and murdered Indigenous relatives;
deleted text begin and
deleted text end

(13) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through
Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and
Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that
have the right to determine if and how they will coordinate with these other effortsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (14) provide case support to victims and families of missing or murdered Indigenous
relatives or their designated family representative or the reporting person. Case support
includes but is not limited to providing support and guidance during the law enforcement
investigation; facilitating communication with criminal justice agencies and other government
entities; compiling relevant information about ongoing cases; and providing information,
referrals, and other types of support.
new text end

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "reporting person" means the relative or nonrelative person who completed a case
intake form with the office; and
new text end

new text begin (2) "victim" has the meaning given in section 611A.01.
new text end

new text begin (c) Data created, collected, received, stored, used, or maintained by the office related to
paragraph (a), clause (14), are private data on individuals as defined in section 13.02,
subdivision 12.
new text end

Sec. 19.

Minnesota Statutes 2024, section 299A.90, subdivision 3, is amended to read:


Subd. 3.

Duties.

(a) The office has the following duties:

(1) advocate in the legislature for legislation that will facilitate the accomplishment of
mandates identified in the report of the Task Force on Missing and Murdered African
American Women;

(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African American
Women;

(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to cases of missing and murdered Black women and
girls;

(4) facilitate research to refine the mandates in the report of the Task Force on Missing
and Murdered African American Women and to assess the potential efficacy, feasibility,
and impact of the recommendations;

(5) collect data on missing person and homicide cases involving Black women and girls,
including the total number of cases, the rate at which the cases are solved, the length of time
the cases remain open, and a comparison to similar cases involving different demographic
groups;

(6) collect data on Amber Alerts, including the total number of Amber Alerts issued,
the total number of Amber Alerts that involve Black girls, and the outcome of cases involving
Amber Alerts disaggregated by the child's race and sex;

(7) collect data on reports of missing Black girls, including the number classified as
voluntary runaways, and a comparison to similar cases involving different demographic
groups;

(8) analyze and assess the intersection between cases involving missing and murdered
Black women and girls and labor trafficking and sex trafficking;

(9) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving missing and murdered Black women and girls and
labor trafficking and sex trafficking;

(10) analyze and assess the intersection between cases involving murdered Black women
and girls and domestic violence, including prior instances of domestic violence within the
family or relationship, whether an offender had prior convictions for domestic assault or
related offenses, and whether the offender used a firearm in the murder or any prior instances
of domestic assault;

(11) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving murdered Black women and girls and domestic
violence;

(12) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;

(13) track and collect Minnesota data on missing and murdered Black women and girls,
and provide statistics upon public or legislative inquiry;

(14) facilitate technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;

(15) conduct case reviews and report on the results of case reviews for the following
types of cases involving missing and murdered Black women and girls: cold cases for
missing Black women and girls and death investigation review for cases of Black women
and girls ruled as suicide or overdose under suspicious circumstances;

(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against a Black woman or girl. These case reviews
must identify those cases where the perpetrator is a repeat offender;

(17) prepare draft legislation as necessary to allow the office access to the data necessary
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;

(18) review sentencing guidelines for crimes related to missing and murdered Black
women and girls, recommend changes if needed, and advocate for consistent implementation
of the guidelines across Minnesota courts;

(19) develop and maintain communication with relevant divisions in the Department of
Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding
any cases involving missing and murdered Black women and girls and on procedures for
investigating cases involving missing and murdered Black women and girls;

(20) consult with the Council for Minnesotans of African Heritage established in section
15.0145; deleted text begin and
deleted text end

(21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and
Canadadeleted text begin .deleted text end new text begin ; and
new text end

new text begin (22) provide case support to victims and families of missing or murdered Black women
and girls or their designated family representative or the reporting person. Case support
includes but is not limited to providing support and guidance during the law enforcement
investigation; facilitating communication with criminal justice agencies and other government
entities; compiling relevant information about ongoing cases; and providing information,
referrals, and other types of support.
new text end

(b) As used in this subdivision:

(1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; deleted text begin and
deleted text end

new text begin (2) "reporting person" means the relative or nonrelative person who completed a case
intake form with the office;
new text end

deleted text begin (2)deleted text end new text begin (3)new text end "sex trafficking" has the meaning given in section 609.321, subdivision 7adeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) "victim" has the meaning given in section 611A.01.
new text end

new text begin (c) Data created, collected, received, stored, used, or maintained by the office related to
paragraph (a), clause (22), are private data on individuals as defined in section 13.02,
subdivision 12.
new text end

Sec. 20.

Minnesota Statutes 2024, section 518B.02, subdivision 2, is amended to read:


Subd. 2.

Standards for domestic abuse counseling programs and domestic abuse
educational programs.

(a) Domestic abuse counseling or educational programs that provide
group or class sessions for court-ordered domestic abuse offenders must provide
documentation to the probation department or the court on program policies and how the
program meets the criteria contained in paragraphs (b) to (l).

(b) Programs shall require offenders and abusing parties to attend a minimum of 24
sessions or 36 hours of programming, unless a probation agent has recommended fewer
sessions. The documentation provided to the probation department or the court must specify
the length of the program that offenders are required to complete.

(c) Programs must have a written policy requiring that counselors and facilitators report
to the court and to the offender's probation or corrections officer any threats of violence
made by the offender or abusing party, acts of violence by the offender or abusing party,
violation of court orders by the offender or abusing party, and violation of program rules
that resulted in the offender's or abusing party's termination from the program. Programs
shall have written policies requiring that counselors and facilitators hold offenders and
abusing parties solely responsible for their behavior.

Programs shall have written policies requiring that counselors and facilitators be violence
free in their own lives.

(d) Each program shall conduct an intake process with each offender or abusing party.
This intake process shall look for chemical dependency problems and possible risks the
offender or abusing party might pose to self or others. The program must have policies
regarding referral of a chemically dependent offender or abusing party to a chemical
dependency treatment center. If the offender or abusing party poses a risk to self or others,
the program shall report this information to the court, the probation or corrections officer,
and the victim.

(e) If the offender or abusing party is reported back to the court or is terminated from
the program, the program shall notify the victim of the circumstances unless the victim
requests otherwise.

(f) Programs shall require court-ordered offenders and abusing parties to sign a release
of information authorizing communication regarding the offender's or abusing party's
progress in the program to the court, the offender's probation or corrections officer, other
providers, and the victim. The offender or abusing party may not enter the program if the
offender does not sign a release.

(g) If a counselor or facilitator contacts the victim, the counselor or facilitator must not
elicit any information that the victim does not want to provide. A counselor or facilitator
who contacts a victim shall (1) notify the victim of the right not to provide any information,
(2) notify the victim of how any information provided will be used and with whom it will
be shared, and (3) obtain the victim's permission before eliciting information from the victim
or sharing information with anyone other than staff of the counseling program.

Programs shall have written policies requiring that counselors and facilitators inform
victims of the confidentiality of information as provided by this subdivision. Programs must
maintain separate files for information pertaining to the offender or abusing party and to
the victim.

If a counselor or facilitator contacts a victim, the counselor or facilitator shall provide
the victim with referral information for support services.

(h) Programs shall have written policies forbidding program staff from disclosing any
confidential communication made by the offender or abusing party without the consent of
the offender or abusing party, except that programs must warn a potential victim of imminent
danger based upon information provided by an offender or abusing party.

(i) The counseling program or educational program must provide services in a group
setting, unless the offender or abusing party would be inappropriate in a group setting.

Programs must provide separate sessions for male and female offenders and abusing
parties.

(j) Programs shall have written policies forbidding program staff from offering or
referring marriage or couples counseling until the offender or abusing party has completed
a domestic abuse counseling program or educational program for the minimum number of
court-ordered sessions and the counselor or facilitator reasonably believes that the violence,
intimidation, and coercion has ceased and the victim feels safe to participate.

(k) Programs must have written policies requiring that the counselor or facilitator report
when the court-ordered offender or abusing party has completed the program to the court
and the offender's probation or corrections officer.

(l) Programs must have written policies to coordinate with the court, probation and
corrections officers, deleted text begin battered women's anddeleted text end domestic abuse programs, child protection
services, and other providers on promotion of victim safety and offender accountability.

Sec. 21.

Minnesota Statutes 2025 Supplement, section 609.101, subdivision 2, is amended
to read:


Subd. 2.

Minimum fines.

Notwithstanding any other law, when a court sentences a
person convicted of violating section 609.221, 609.222, 609.223, 609.2231, 609.224,
609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it must
impose a fine of not less than 30 percent of the maximum fine authorized by law nor more
than the maximum fine authorized by law.

The court shall collect the portion of the fine mandated by this subdivision and forward
70 percent of it to a local victim assistance program that provides services locally in the
county in which the crime was committed. The court shall forward the remaining 30 percent
to the commissioner of management and budget to be credited to the general fund. If more
than one victim assistance program serves the county in which the crime was committed,
the court may designate on a case-by-case basis which program will receive the fine proceeds,
giving consideration to the nature of the crime committed, the types of victims served by
the program, and the funding needs of the program. If no victim assistance program serves
that county, the court shall forward 100 percent of the fine proceeds to the commissioner
of management and budget to be credited to the general fund. Fine proceeds received by a
local victim assistance program must be used to provide direct services to crime victims.

The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.

As used in this subdivision, "victim assistance program" means victim witness programs
within county attorney offices or any of the following programs: crime victim crisis centers,
victim-witness programs, domestic abuse deleted text begin victimdeleted text end shelters and nonshelter programs, sexual
assault programs, and children's advocacy centers as defined in section 260E.02, subdivision
5
.

Sec. 22.

Minnesota Statutes 2024, section 609.605, subdivision 2, is amended to read:


Subd. 2.

Gross misdemeanor.

Whoever trespasses upon the grounds of a facility
providing emergency shelter services for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end , as defined
under section 611A.31, subdivision 3, or providing comparable services for sex trafficking
victims, as defined under section 609.321, subdivision 7b, or of a facility providing
transitional housing for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end and their children or sex
trafficking victims and their children, without claim of right or consent of one who has right
to give consent, and refuses to depart from the grounds of the facility on demand of one
who has right to give consent, is guilty of a gross misdemeanor.

Sec. 23.

Minnesota Statutes 2024, section 609.7495, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

For the purposes of this section, the following terms have
the meanings given deleted text begin themdeleted text end .

(a) "Facility" means any of the following:

(1) a hospital or other health institution licensed under sections 144.50 to 144.56;

(2) a medical facility as defined in section 144.561;

(3) an agency, clinic, or office operated under the direction of or under contract with the
commissioner of health or a community health board, as defined in section 145A.02;

(4) a facility providing counseling regarding options for medical services or recovery
from an addiction;

(5) a facility providing emergency shelter services for deleted text begin battered womendeleted text end new text begin domestic abuse
victims
new text end , as defined in section 611A.31, subdivision 3, or a facility providing transitional
housing for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end and their children;

(6) a facility as defined in section 260E.03, subdivision 6;

(7) a facility as defined in section 626.5572, subdivision 6, where the services described
in that paragraph are provided;

(8) a place to or from which ambulance service, as defined in section 144E.001, is
provided or sought to be provided; and

(9) a hospice provider licensed under section 144A.753.

(b) "Aggrieved party" means a person whose access to or egress from a facility is
obstructed in violation of subdivision 2, or the facility.

Sec. 24.

Minnesota Statutes 2024, section 611A.31, subdivision 5, is amended to read:


Subd. 5.

Commissioner.

"Commissioner" means the commissioner of the Department
of deleted text begin Correctionsdeleted text end new text begin Public Safetynew text end or a designee.

Sec. 25.

Minnesota Statutes 2024, section 629.72, subdivision 2a, is amended to read:


Subd. 2a.

Electronic monitoring; condition of pretrial release.

(a) Until the
commissioner of corrections has adopted standards governing electronic monitoring devices
used to protect victims of domestic abuse, the court, as a condition of release, may not order
a person arrested for a crime described in section 609.135, subdivision 5a, paragraph (b),
to use an electronic monitoring device to protect a victim's safety.

(b) Notwithstanding paragraph (a), the chief judge of a judicial district may appoint and
convene an advisory group comprised of representatives from law enforcement, prosecutors,
defense attorneys, corrections, court administrators, judges, and deleted text begin battered women'sdeleted text end new text begin domestic
abuse
new text end organizations to develop standards for the use of electronic monitoring and global
positioning system devices to protect victims of domestic abuse and for evaluating the
effectiveness of electronic monitoring. After the advisory group does this, the chief judge,
in consultation with the advisory group, may conduct a pilot project for implementation of
the electronic monitoring standards. A judicial district that conducts a pilot project shall
report on the standards and the pilot project to the chairs and ranking minority members of
the senate and house of representatives committees having jurisdiction over criminal justice
policy and the state court administrator's office.

Sec. 26. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the term "battered women" to "domestic abuse
victims" or a similar term wherever the term or similar terms appear in Minnesota Statutes.
The revisor must make any necessary grammatical changes or changes to sentence structure
necessary to preserve the meaning of the text as a result of the changes.
new text end

ARTICLE 2

CRIME VICTIMS

Section 1.

Minnesota Statutes 2024, section 609.133, subdivision 4, is amended to read:


Subd. 4.

Petition; contents; fee.

(a) A prosecutor's petition for sentence adjustment
shall be filed in the district court where the individual was convicted and include the
following:

(1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;

(2) the individual's date of birth;

(3) the individual's address;

(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;

(5) the details of the offense for which an adjustment is sought, including:

(i) the date and jurisdiction of the occurrence;

(ii) deleted text begin either the names of any victims or that there were nodeleted text end new text begin the number of new text end identifiable
victims;

(iii) whether there is a current order for protection, restraining order, or other no contact
order prohibiting the individual from contacting the victims or whether there has ever been
a prior order for protection or restraining order prohibiting the individual from contacting
the victims;

(iv) the court file number; and

(v) the date of conviction;

(6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional facilities, or
other personal history that demonstrates rehabilitation;

(7) the individual's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which an adjustment is sought;

(8) the individual's criminal charges record indicating all prior and pending criminal
charges against the individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or were the subject
of pretrial diversion; and

(9) to the extent known, all prior requests by the individual, whether for the present
offense or for any other offenses in this state or any other state or federal court, for pardon,
return of arrest records, or expungement or sealing of a criminal record, whether granted
or not, and all stays of adjudication or imposition of sentence involving the petitioner.

(b) The filing fee for a petition brought under this section shall be waived.

(c) Notwithstanding chapter 13 or any other statute related to the classification of
government data, a supervising agent or the commissioner of corrections may provide private
or confidential data to a prosecutor for purposes of a petition for sentence adjustment.

Sec. 2.

Minnesota Statutes 2024, section 609.3471, is amended to read:


609.3471 RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no data contained in records or
reports relating to petitions, complaints, or indictments issued pursuant to section 609.322,
609.342, 609.343, 609.344, 609.345, 609.3453, deleted text begin ordeleted text end 609.3458new text begin , or 617.246new text end , which specifically
identifies a victim who is a minor shall be accessible to the public, except by order of the
court. Nothing in this section authorizes denial of access to any other data contained in the
records or reports, including the identity of the defendant.

Sec. 3.

Minnesota Statutes 2024, section 611A.03, subdivision 1, is amended to read:


Subdivision 1.

Plea agreements; notification of victim.

Prior to the entry of the factual
basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time
recommended for the defendant to serve in jail or prison if the court accepts the agreement;

(2) the right to be present at the sentencing hearing deleted text begin anddeleted text end new text begin , to be presentnew text end at the hearing
during which the plea is presented to the courtnew text begin ,new text end and to express new text begin at the plea hearing new text end orally or
in writing, at the victim's option, any objection to the agreement or to the proposed
disposition. If the victim is not present when the court considers the recommendation, but
has communicated objections to the prosecuting attorney, the prosecuting attorney shall
make these objections known to the court; and

(3) the eligibility deleted text begin of the offensedeleted text end for automatic expungement pursuant to section 609A.015new text begin
of any offense pleaded to or dismissed as part of the plea agreement
new text end .

Sec. 4.

Minnesota Statutes 2024, section 611A.03, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Plea hearing. new text end

new text begin At the hearing during which the plea is presented to the court,
the court shall ask the prosecutor if the victim has been notified of the plea agreement
recommendation pursuant to this section; has been notified of the plea hearing; and if the
victim wishes to express their objections to the plea agreement orally, in writing, or through
the prosecutor.
new text end

Sec. 5.

Minnesota Statutes 2024, section 611A.036, subdivision 7, is amended to read:


Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or attempt
to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114
(criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault);
609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse);
609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24
(simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping);
609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268
(injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking);
609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual
conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352
(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 (arson in the
first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c) (burglary in the first
degree; occupied dwelling or involving an assault); 609.66, subdivision 1e, paragraph (b)
(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle);
deleted text begin ordeleted text end 609.749, subdivision 2 (harassment); new text begin or 609.749, subdivision 5 (stalking); new text end or Minnesota
Statutes 2012, section 609.21.

Sec. 6.

Minnesota Statutes 2024, section 611A.038, is amended to read:


611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING.

(a) A victim has the right to submit an impact statement to the court at the time of
sentencing or disposition hearing. The impact statement may be presented to the court orally
or in writing, at the victim's option. If the victim requests, the prosecutor new text begin or the prosecutor's
designee
new text end must orally present the statement to the court. Statements may include the following,
subject to reasonable limitations as to time and length:

(1) a summary of the harm or trauma suffered by the victim as a result of the crime;

(2) a summary of the economic loss or damage suffered by the victim as a result of the
crime; and

(3) a victim's reaction to the proposed sentence or disposition.

new text begin (b) At the sentencing or disposition hearing, the court shall ask the prosecutor if the
victim has been notified of the hearing, if the victim is in court, and if the victim wishes to
submit a victim impact statement orally, in writing, or through the prosecutor or the
prosecutor's designee.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end A representative of the community affected by the crime may submit an impact
statement in the same manner that a victim may as provided in paragraph (a). This impact
statement shall describe the adverse social or economic effects the offense has had on persons
residing and businesses operating in the community where the offense occurred.

deleted text begin (c)deleted text end new text begin (d)new text end If the court permits the defendant or anyone speaking on the defendant's behalf
to present a statement to the court, the court shall limit the response to factual issues which
are relevant to sentencing.

deleted text begin (d)deleted text end new text begin (e)new text end Nothing in this section shall be construed to extend the defendant's right to address
the court under section 631.20.

Sec. 7.

Minnesota Statutes 2024, section 611A.039, subdivision 1, is amended to read:


Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case deleted text begin anddeleted text end new text begin ,new text end of the victim rights under section 611A.06new text begin , and of the eligibility of the offense
for automatic expungement under section 609A.015 of any offense that was dismissed or
for which the defendant was convicted or acquitted
new text end . When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the
prosecutor shall make a reasonable and good faith effort to notify the victim of the crime.
The notice must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;
and

(4) a statement that the victim may provide input to the court concerning the sentence
modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.

(c) As used in this section:

(1) "crime of violence" has the meaning given in section 624.712, subdivision 5, and
also includes violations of section 609.3458, gross misdemeanor violations of section
609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and
609.749; and

(2) "victim" has the meaning given in section 611A.01, paragraph (b).

ARTICLE 3

IMPAIRED DRIVING; DRIVERS' LICENSES

Section 1.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision
to read:


new text begin Subd. 41. new text end

new text begin Credential identifier and designation data. new text end

new text begin Data related to identifiers and
designations on driver's licenses and Minnesota identification cards are governed by section
171.12, subdivision 7d.
new text end

Sec. 2.

Minnesota Statutes 2024, section 171.09, subdivision 3, is amended to read:


Subd. 3.

No-alcohol restriction.

(a) As used in this subdivision, "impaired driving
incident" has the meaning given in section 169A.03, subdivision 22.

(b) Upon proper application by a person having a valid driver's license containing the
restriction that the person must not consume alcohol or controlled substances, who has not
been documented as having consumed alcohol or having possessed or used a controlled
substance within the past deleted text begin tendeleted text end new text begin 20new text end years, and whose driving record contains no impaired
driving incident within the past deleted text begin tendeleted text end new text begin 20new text end years, the commissioner must remove the
no-alcohol/controlled substance restriction on the person's driving record and issue to the
person a duplicate driver's license that does not show that restriction.

Sec. 3.

Minnesota Statutes 2025 Supplement, section 171.12, subdivision 7, is amended
to read:


Subd. 7.

Privacy of data.

(a) Data on individuals provided to obtain a driver's license
or Minnesota identification card deleted text begin shalldeleted text end new text begin mustnew text end be treated as provided by United States Code,
title 18, section 2721, as in effect on May 23, 2005, deleted text begin and shalldeleted text end new text begin mustnew text end be disclosed as required
deleted text begin ordeleted text end new text begin by that section, and may be disclosed asnew text end permitted by that section. The commissioner
deleted text begin shalldeleted text end new text begin maynew text end disclose the data in bulk form upon request to an authorized recipient under United
States Code, title 18, section 2721. For any disclosure of data on individuals related to a
noncompliant driver's license or identification card, the commissioner must require a
certification pursuant to subdivision 7b, paragraph (e).

(b) An applicant for a driver's license or a Minnesota identification card may consent,
in writing, to the commissioner to disclose the applicant's personal information exempted
by United States Code, title 18, section 2721, to any person who makes a request for the
personal information. If the applicant so authorizes disclosures, the commissioner deleted text begin shalldeleted text end new text begin
must
new text end implement the request and the information may be used.

(c) If authorized by an applicant for a driver's license or a Minnesota identification card,
as indicated in paragraph (b), the applicant's personal information may be used, rented, or
sold solely for bulk distribution by organizations for business purposes, including surveys,
marketing, or solicitation.

(d) An applicant for a driver's license, instruction permit, or Minnesota identification
card may request that the applicant's residence address be classified as "private data on
individuals," as defined in section 13.02, subdivision 12. The commissioner deleted text begin shalldeleted text end new text begin mustnew text end grant
the classification on receipt of a signed statement by the individual that the classification
is required for the safety of the applicant or the applicant's family, if the statement also
provides a valid, existing address where the applicant consents to receive service of process.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end use the service for process mailing address in place of the
residence address in all documents and notices pertaining to the driver's license, instruction
permit, or Minnesota identification card. The residence address and any information provided
in the classification request, other than the mailing address, are private data on individuals
and may be provided to requesting law enforcement agencies, probation and parole agencies,
and public authorities, as defined in section 518A.26, subdivision 18.

Sec. 4.

Minnesota Statutes 2024, section 171.12, subdivision 7c, is amended to read:


Subd. 7c.

Other data provisions.

(a) The commissioner must not share any data the
department maintains under section 171.07, deleted text begin subdivisiondeleted text end new text begin subdivisions 6a, 6b, ornew text end 13, with
any federal agency, federal department, or federal entity for a use that would otherwise be
permissible under United States Code, title 18, section 2721, or other law.

(b) Data collected by government entities under sections 624.712 to 624.719 are classified
under section 13.87, subdivision 2.

Sec. 5.

Minnesota Statutes 2024, section 171.12, is amended by adding a subdivision to
read:


new text begin Subd. 7d. new text end

new text begin Certain data on indicators and designations. new text end

new text begin Data maintained by the
commissioner under section 171.07, subdivisions 5 to 7, 11 to 13, 15, and 17 to 20 are
private data on individuals, as defined in section 13.02, subdivision 12.
new text end

Sec. 6.

Minnesota Statutes 2024, section 171.177, subdivision 8, is amended to read:


Subd. 8.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test pursuant to a search
warrant shall serve immediate notice of intention to revoke and of revocation on a person
who refuses to permit a test or on a person who submits to a test, the results of which indicate
an alcohol concentration of 0.08 or more.

(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle pursuant to a search warrant shall serve immediate notice of
intention to disqualify and of disqualification on a person who refuses to permit a test or
on a person who submits to a test, the results of which indicate an alcohol concentration of
0.04 or more.

(c) The officer shall:

(1) invalidate the person's driver's license or permit card by clipping the upper corner
of the card in such a way that no identifying information including the photo is destroyed,
and immediately return the card to the person;

(2) issue the person a temporary license effective for only deleted text begin sevendeleted text end new text begin 14new text end days; and

(3) send the notification of this action to the commissioner along with the certificate
required by subdivision 4 or 5.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 171.178, subdivision 5, is amended
to read:


Subd. 5.

Driving while impaired conviction or adjudication; period of license
revocation.

(a) Notwithstanding the periods specified in subdivisions 3 and 4 and except
as provided in section 169A.54, subdivision 7, a revocation by the commissioner as required
under section 169A.54, subdivision 1, or 171.17, subdivision 1, paragraph (a), clause (3)
or (10), for conviction of an offense in another state that would be grounds for revocation
in this state under section 169A.54, subdivision 1, must be for the following periods:

(1) if the person has no qualified prior impaired driving incidents within the past 20
years:

(i) not less than 30 days if the person is convicted of an offense under section 169A.20,
subdivision 1
(driving while impaired);

(ii) not less than 90 days if the person is convicted of an offense under section 169A.20,
subdivision 2
(refusal to submit to chemical test);

(iii) not less than 180 days if the person is under 21 years of age and the test results
indicate an alcohol concentration of less than twice the legal limit; or

(iv) not less than one year if the test results indicate an alcohol concentration of twice
the legal limit or more; or

(2) if the person has one qualified prior impaired driving incident within the past 20
years, or two or more qualified prior impaired driving incidents, until the commissioner
determines that the person used an ignition interlock device in compliance with section
171.306 for the period of time described in subdivision 8.

(b) Whenever department records show that the violation involved personal injury or
death to any person, at least 90 additional days must be added to the base periods provided
in paragraph (a), clause (1), items (i) to (iv).

new text begin (c) A person whose license has been revoked as described in subdivision 3, clause (1),
or subdivision 4, clause (1), as the result of the same incident for which the person was
convicted is subject to the revocation periods specified in this subdivision, unless the violation
under section 169A.20 (driving while impaired) was with an aggravating factor described
in section 169A.03, subdivision 3, clause (3).
new text end

Sec. 8.

Minnesota Statutes 2025 Supplement, section 171.306, subdivision 1, is amended
to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the terms in this subdivision
have the meanings given.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure
breath alcohol concentration and to prevent a motor vehicle's ignition from being started
by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

(c) "Location tracking capabilities" means the ability of an electronic or wireless device
to identify and transmit its geographic location through the operation of the device.

(d) "Program participant" means a person who has qualified to take part in the ignition
interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section 169A.52; 169A.54; 171.04, subdivision
1
, clause (10); deleted text begin 171.17, subdivision 1, paragraph (a), clause (10), for conviction of an offense
in another state that would be grounds for revocation in this state under section 169A.54,
subdivision 1
; or
deleted text end 171.177; new text begin or for a violation of the law of another state in conformity with
any of these sections;
new text end or

(2) revoked under section 171.17, subdivision 1, paragraph (a), clause (2), or suspended
under section 171.187, for a violation of section 609.2112, subdivision 1, paragraph (a),
clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; 609.2113, subdivision 1, clause (2), deleted text begin item
(i) or (iv),
deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; subdivision 2, clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5),
or (6)
new text end ; or subdivision 3, clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; or 609.2114,
subdivision 1, paragraph (a), clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4)new text begin , (5), or (6)new text end ; or subdivision
2
, clause (2), deleted text begin item (i) or (iv),deleted text end (3), deleted text begin ordeleted text end (4), deleted text begin resulting in bodily harm, substantial bodily harm,
great bodily harm, or death
deleted text end new text begin (5), or (6)new text end .

(e) "Qualified prior impaired driving incident" has the meaning given in section 169A.03,
subdivision 22
.

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 169A.54, subdivision 6, new text end new text begin is repealed.
new text end

ARTICLE 4

BUREAU OF CRIMINAL APPREHENSION

Section 1.

Minnesota Statutes 2024, section 299C.05, is amended to read:


299C.05 CRIME DATA COLLECTION.

It shall be the duty of this division to collect, and preserve as a record of the bureau,
information concerning the number and nature of offenses known to have been committed
in the state, of the legal steps taken in connection therewith from the inception of the
complaint to the final discharge of the defendant, and such other information as may be
useful in the study of crime and the administration of justice. new text begin The information shall be
provided in a form prescribed by the superintendent.
new text end The information so collected and
preserved shall include such data as may be requested by the United States Department of
Justice, at Washington, under its national system of crime reporting. To the extent possible,
the superintendent must utilize a nationally recognized system or standard approved by the
Federal Bureau of Investigation to collect and preserve crime data.

Sec. 2.

Minnesota Statutes 2024, section 299C.065, is amended to read:


299C.065 UNDERCOVER BUY FUND; WITNESS AND VICTIM PROTECTION.

Subdivision 1.

deleted text begin Grantsdeleted text end new text begin Reimbursementsnew text end .

The commissioner of public safety shall make
deleted text begin grantsdeleted text end new text begin reimbursementsnew text end to local officials for the following purposes:

(1) the cooperative investigation of cross jurisdictional criminal activity relating to the
possession and sale of controlled substances;

(2) receiving or selling stolen goods;

(3) participating in gambling activities in violation of section 609.76;

(4) violations of section 609.322 or any other state or federal law prohibiting the
recruitment, transportation, or use of juveniles for purposes of prostitution;

(5) for partial reimbursement of local costs associated with unanticipated, intensive,
long-term, multijurisdictional criminal investigations that exhaust available local resources,
except that the commissioner may not reimburse the costs of a local investigation involving
a child who is reported to be missing and endangered unless the law enforcement agency
complies with section 299C.53 and the agency's own investigative policy; and

(6) for partial reimbursement of local costs associated with criminal investigations into
the activities of violent criminal gangs and gang members.

Subd. 1a.

Witness and victim protection fund.

(a) A witness and victim protection
fund is created under the administration of the commissioner of public safety. The
commissioner may make deleted text begin grantsdeleted text end new text begin reimbursementsnew text end to local officials to provide for the relocation
or other protection of a victim, witness, or potential witness who is involved in a criminal
prosecution and who the commissioner has reason to believe is or is likely to be the target
of a violent crime or a violation of section 609.498 or 609.713, in connection with that
prosecution. The awarding of deleted text begin grantsdeleted text end new text begin reimbursementsnew text end under this subdivision is not limited
to the crimes and investigations described in subdivision 1.

(b) The commissioner may award deleted text begin grantsdeleted text end new text begin reimbursementsnew text end for any of the following actions
in connection with the protection of a witness or victim under this subdivision:

(1) to provide suitable documents to enable the person to establish a new identity or
otherwise protect the person;

(2) to provide housing for the person;

(3) to provide for the transportation of household furniture and other personal property
to the person's new residence;

(4) to provide the person with a payment to meet basic living expenses for a time period
the commissioner deems necessary;

(5) to assist the person in obtaining employment; and

(6) to provide other services necessary to assist the person in becoming self-sustaining.

Subd. 2.

Application for deleted text begin grantdeleted text end new text begin reimbursementnew text end .

A county sheriff or the chief
administrative officer of a municipal police department may apply to the commissioner of
public safety for a deleted text begin grantdeleted text end new text begin reimbursementnew text end for any of the purposes described in subdivision 1
or 1a, on forms and pursuant to procedures developed by the superintendent. For deleted text begin grantsdeleted text end new text begin
reimbursements
new text end under subdivision 1, the application shall describe the type of intended
criminal investigation, an estimate of the amount of money required, and any other
information the superintendent deems necessary.

Subd. 3.

Investigation report.

A report shall be made to the commissioner at the
conclusion of an investigation for which a deleted text begin grantdeleted text end new text begin reimbursementnew text end was made under subdivision
1 stating (1) the number of persons arrested, (2) the nature of charges filed against them,
(3) the nature and value of controlled substances or contraband purchased or seized, (4) the
amount of money paid to informants during the investigation, and (5) a separate accounting
of the amount of money spent for expenses, other than "buy money," of bureau and local
law enforcement personnel during the investigation. The commissioner shall prepare and
submit to the chairs of the committees in the senate and house of representatives with
jurisdiction over criminal justice policy by January 1 of each even-numbered year a report
of investigations receiving deleted text begin grantsdeleted text end new text begin reimbursementsnew text end under subdivision 1.

Subd. 3a.

Accounting report.

The head of a law enforcement agency that receives a
deleted text begin grantdeleted text end new text begin reimbursementnew text end under subdivision 1a shall file a report with the commissioner at the
conclusion of the case detailing the specific purposes for which the money was spent. The
commissioner shall prepare and submit to the chairs of the committees in the senate and
house of representatives with jurisdiction over criminal justice policy by January 1 of each
even-numbered year a summary report of witness assistance services provided under this
section.

Subd. 4.

Data classification.

An application to the commissioner for money is a
confidential record. Information within investigative files that identifies or could reasonably
be used to ascertain the identity of assisted witnesses, sources, or undercover investigators
is a confidential record. A report at the conclusion of an investigation is a public record,
except that information in a report pertaining to the identity or location of an assisted witness
is private data.

Sec. 3.

Minnesota Statutes 2024, section 299C.46, subdivision 6, is amended to read:


Subd. 6.

Orders for protection; no contact orders; harassment restraining orders.

(a)
As used in this subdivision, "no contact orders" include orders issued as pretrial orders
under section 629.72, subdivision 2, orders under section 629.75, and orders issued as
probationary or sentencing orders at the time of disposition in a criminal domestic abuse
case.

(b) The data communications network must include orders for protection issued under
section 518B.01new text begin or 609.2334new text end , harassment restraining orders, and no contact orders issued
against adults and juveniles. A no contact order must be accompanied by a photograph of
the offender for the purpose of enforcement of the order, if a photograph is available and
verified by the court to be an image of the defendant.

(c) Data from orders for protection, harassment restraining orders, or no contact orders
and data entered by law enforcement to assist in the enforcement of those orders are classified
as private data on individuals as defined in section 13.02, subdivision 12. Data about the
offender can be shared with the victim for purposes of enforcement of the order.

Sec. 4.

Minnesota Statutes 2025 Supplement, section 609.2334, subdivision 11, is amended
to read:


Subd. 11.

Copy to law enforcement agency; lead investigative agency.

Within 24
hours of issuance of an order or continuance of an order under this section, the court
administrator must forward the order for protection and any continuance of the order for
protection to the local law enforcement agency with jurisdiction over the residence of the
vulnerable adult and the lead investigative agency that received the report pursuant to
subdivision 6. new text begin The court administrator shall make available to law enforcement officers in
Minnesota, through a system of verification, information as to the existence and status of
an order for protection issued under this section.
new text end Section 518B.01, subdivision 13, deleted text begin appliesdeleted text end new text begin
paragraphs (b) and (c), apply
new text end to orders granted under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2027.
new text end

Sec. 5.

Minnesota Statutes 2024, section 609A.015, subdivision 5, is amended to read:


Subd. 5.

Bureau of Criminal Apprehension to identify eligible persons and grant
expungement relief.

(a) The Bureau of Criminal Apprehension shall identify any records
that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1,
2, or 3. The Bureau of Criminal Apprehension shall make an initial determination of
eligibility within 30 days of the end of the applicable waiting period. If a record is not
eligible for a grant of expungement at the time of the initial determination, the Bureau of
Criminal Apprehension shall make subsequent eligibility determinations annually until the
record is eligible for a grant of expungement.

(b) In making the determination under paragraph (a), the Bureau of Criminal
Apprehension shall identify individuals who are the subject of relevant records through the
use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where
fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall
identify individuals through the use of the person's name and date of birth. Records containing
the same name and date of birth shall be presumed to refer to the same individual unless
other evidence establishes, by a preponderance of the evidence, that they do not refer to the
same individual. The Bureau of Criminal Apprehension is not required to review any other
evidence in making a determination.

(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal its own records without requiring an application, petition, or motion.
Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to
paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional
information establishes that the records are not eligible for expungement.

(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension
and subject to a grant of expungement relief shall display a notation stating "expungement
relief granted pursuant to section 609A.015."

(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases
for which expungement relief was granted pursuant to this section. Notification may be
through electronic means and may be made in real time or in the form of a monthly report.
Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for any case in which
expungement relief was granted and shall issue any order deemed necessary to achieve this
purpose.

new text begin (f) If the Bureau of Criminal Apprehension subsequently determines that a sealed record
did not qualify for expungement relief under this section, the Bureau of Criminal
Apprehension shall unseal the record and notify the judicial branch. Upon notification, the
judicial branch shall unseal all records relating to an arrest, indictment or information, trial,
verdict, or dismissal and discharge. The Bureau of Criminal Apprehension shall make this
determination based only on a record stored in its criminal history system.
new text end

deleted text begin (f)deleted text end new text begin (g)new text end The Bureau of Criminal Apprehension shall inform each law enforcement agency
that its records may be affected by a grant of expungement relief. Notification may be
through electronic means. Each notified law enforcement agency that receives a request to
produce records shall first determine if the records were subject to a grant of expungement
under this section. The law enforcement agency must not disclose records relating to an
arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in
which expungement relief was granted and must maintain the data consistent with the
classification in paragraph deleted text begin (g)deleted text end new text begin (h)new text end . This paragraph does not apply to requests from a criminal
justice agency as defined in section 609A.03, subdivision 7a, paragraph (f).

deleted text begin (g)deleted text end new text begin (h)new text end Data on the person whose offense has been expunged under this subdivision,
including any notice sent pursuant to paragraph deleted text begin (f)deleted text end new text begin (g)new text end , are private data on individuals as
defined in section 13.02, subdivision 12.

deleted text begin (h)deleted text end new text begin (i)new text end The prosecuting attorney shall notify the victim that an offense qualifies for
automatic expungement under this section in the manner provided in section 611A.03,
subdivisions 1
and 2.

deleted text begin (i)deleted text end new text begin (j) new text end In any subsequent prosecution of a person granted expungement relief, the expunged
criminal record may be pleaded and has the same effect as if the relief had not been granted.

deleted text begin (j)deleted text end new text begin (k)new text end The Bureau of Criminal Apprehension is directed to develop, modify, or update
a system to provide criminal justice agencies with uniform statewide access to criminal
records sealed by expungement.

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, section 299C.12, new text end new text begin is repealed.
new text end

ARTICLE 5

DEPARTMENT OF CORRECTIONS LICENSING

Section 1.

new text begin [241.011] LICENSING AND INSPECTING JUVENILE AND ADULT
COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin Except as provided under section 241.021, sections 241.011 to
241.013 apply to juvenile and adult community-based residential correctional facilities
licensed by the commissioner of corrections. For the purposes of sections 241.011 to 241.013,
juvenile and adult community-based residential correctional facilities are defined as local
correctional facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of sections 241.011 to 241.021, the following
terms have the meanings given.
new text end

new text begin (b) "Commissioner" means the commissioner of corrections.
new text end

new text begin (c) "Critical incident" has the meaning given in Minnesota Rules, part 2960.0020, subpart
24.
new text end

new text begin (d) "Department" means the Department of Corrections.
new text end

new text begin (e) "Emergency or unusual occurrence" means an incident that must be reported to the
commissioner through the department's detention information system.
new text end

new text begin (f) "Facility administrator" means the officer in charge of a local correctional facility.
new text end

new text begin (g) "Local correctional facility" includes:
new text end

new text begin (1) a facility licensed to house or serve primarily adults under section 241.31; and
new text end

new text begin (2) a facility licensed to detain or serve juveniles, including a group home having a
residential component or foster care facility placements under chapter 260C, for the primary
purpose of:
new text end

new text begin (i) residential care and treatment;
new text end

new text begin (ii) detention; or
new text end

new text begin (iii) foster care services for children in need of out-of-home placement.
new text end

new text begin (h) "State correctional facility" means a correctional facility under the commissioner's
control.
new text end

new text begin Subd. 3. new text end

new text begin Local correctional facilities; inspection and licensing. new text end

new text begin The commissioner
must inspect and license all local correctional facilities throughout the state established and
operated:
new text end

new text begin (1) for serving or housing individuals in the facilities; or
new text end

new text begin (2) consistent with section 241.013, subdivision 4, paragraph (a), for detaining or serving
juveniles placed in the facilities by a correctional or noncorrectional agency.
new text end

new text begin Subd. 4. new text end

new text begin Inspecting facilities for compliance; publishing inspection reports. new text end

new text begin (a)
Unless the commissioner determines otherwise, the commissioner must inspect all local
correctional facilities at least once every two years to determine compliance with the
minimum standards established according to sections 241.011 to 241.013 or any other law
related to minimum standards and conditions of confinement, not including section 241.021,
subdivisions 1 to 1e.
new text end

new text begin (b) The commissioner must have access to a facility's buildings, grounds, books, records,
and staff and to individuals detained or housed in or served by the facility. The commissioner
may require facility administrators to furnish all information and statistics that the
commissioner deems necessary at a time and place designated by the commissioner.
new text end

new text begin (c) The commissioner must post each facility inspection report publicly on the
department's website within 30 days after completing an inspection.
new text end

new text begin Subd. 5. new text end

new text begin Granting license; expiration. new text end

new text begin (a) The commissioner must grant a license for
up to two years to:
new text end

new text begin (1) any facility found to conform to minimum standards; or
new text end

new text begin (2) any facility that the commissioner determines is making satisfactory progress toward
substantial conformity and any minimum standards not being met do not impact the interests
and well-being of the individuals detained or housed in or served by the facility.
new text end

new text begin (b) A limited license may be issued to effectuate a facility closure.
new text end

new text begin (c) Unless otherwise provided by law, all licenses issued under sections 241.011 to
241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.
new text end

new text begin Subd. 6. new text end

new text begin Providing and accessing facility data. new text end

new text begin (a) The commissioner may require that
any information under sections 241.011 to 241.013 be provided through the department's
detention information system.
new text end

new text begin (b) Notwithstanding chapter 13 or any other state law classifying or restricting access
to data, a facility administrator must furnish to the commissioner all data available to a
facility that the commissioner deems necessary for reviewing any critical incident or
emergency or unusual occurrence at the facility.
new text end

new text begin (c) The commissioner may take action against a facility's license according to section
241.012 if a facility administrator fails to provide or grant access to relevant information
or statistics requested by the commissioner that are necessary to conduct or complete:
new text end

new text begin (1) inspections;
new text end

new text begin (2) reviews of emergency or unusual occurrences; or
new text end

new text begin (3) reviews of critical incidents.
new text end

new text begin Subd. 7. new text end

new text begin Reporting; deaths, emergencies or unusual occurrences, and critical
incidents.
new text end

new text begin (a) A facility administrator must report a death to the commissioner when:
new text end

new text begin (1) an individual detained or housed in the facility dies at the facility; or
new text end

new text begin (2) an individual dies while receiving medical care stemming from an incident or need
for medical care at the facility that occurred while the individual was detained or housed in
the facility.
new text end

new text begin (b) Paragraph (a), clause (2), applies regardless of whether the individual was subject
to the facility's authority while requiring or receiving the medical care.
new text end

new text begin (c) A facility administrator must:
new text end

new text begin (1) report a death under this subdivision as soon as practicable, but no later than 24 hours
of receiving knowledge of the death; and
new text end

new text begin (2) include any demographic information required by the commissioner.
new text end

new text begin (d) Except for deaths under paragraphs (a) to (c), all facility administrators must report
all critical incidents or emergency or unusual occurrences to the commissioner within ten
days of the incident or occurrence, including any demographic information required by the
commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Death review teams. new text end

new text begin (a) If a local correctional facility under subdivision 2,
paragraph (g), clause (2), receives notice of the death of an individual who died under
circumstances described in subdivision 7, paragraph (a), within 90 days of the death, the
following individuals must review the circumstances of the death and assess for preventable
mortality and morbidity, including but not limited to recommending policy or procedure
change:
new text end

new text begin (1) the facility administrator;
new text end

new text begin (2) a medical expert of the facility's choosing who did not provide medical services to
the individual and who is licensed as a physician or physician assistant by the Board of
Medical Practice under chapter 147 or 147A; and
new text end

new text begin (3) if appropriate, a mental health expert.
new text end

new text begin (b) The investigating law enforcement agency may provide documentation for, participate
in, or provide documentation for and participate in the review if criminal charges are not
brought. A preliminary autopsy report must be provided as part of the review and any
subsequent autopsy findings as available.
new text end

new text begin (c) The facility administrator must notify the commissioner via the department's detention
information system that the facility has conducted a review and identify any recommendations
for changes in policy, procedure, or training that will be implemented.
new text end

new text begin (d) Any report or other documentation created for purposes of a facility death review is
confidential data on individuals under section 13.02, subdivision 3. Nothing in this section
relieves the facility administrator from complying with the notice of death to the
commissioner required under subdivision 7.
new text end

new text begin Subd. 9. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules establishing minimum
standards for local correctional facilities for the management, operation, and physical
condition of the facilities and the security, safety, health, treatment, and discipline of
individuals detained or housed in or served by the facilities.
new text end

new text begin (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
rule chapters in effect on the effective date of this section.
new text end

Sec. 2.

new text begin [241.012] LICENSING ACTIONS AGAINST JUVENILE AND ADULT
COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Correction order; conditional license. new text end

new text begin (a) For any local correctional
facility under section 241.011, subdivision 2, paragraph (g), the commissioner must:
new text end

new text begin (1) promptly notify the facility administrator and the facility's governing board of a
deficiency if the commissioner finds that:
new text end

new text begin (i) the facility does not substantially conform to the minimum standards established by
the commissioner and is not making satisfactory progress toward substantial conformance;
and
new text end

new text begin (ii) the nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the individuals detained or housed in or served by the facility;
and
new text end

new text begin (2) issue a correction order or a conditional license order requiring that the deficiency
be remedied within a reasonable and specified period.
new text end

new text begin (b) A conditional license order may restrict the use of any facility that does not
substantially conform to minimum standards, including by:
new text end

new text begin (1) imposing conditions limiting operation of the facility or parts of the facility;
new text end

new text begin (2) reducing facility capacity;
new text end

new text begin (3) limiting intake;
new text end

new text begin (4) limiting length of detention or placement for individuals; or
new text end

new text begin (5) imposing detention or placement limitations based on the needs of the detained or
housed individuals or individuals served by the facility.
new text end

new text begin (c) A correction order or conditional license order must clearly state:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or statute;
new text end

new text begin (2) the findings that constitute a violation of minimum standards;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) the time allowed to correct each violation; and
new text end

new text begin (5) if a license is made conditional:
new text end

new text begin (i) the length and terms of the conditional license;
new text end

new text begin (ii) any conditions limiting operation of the facility or parts of the facility; and
new text end

new text begin (iii) the reasons for making the license conditional.
new text end

new text begin (d) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 3 before issuing a correction order or conditional license order.
new text end

new text begin Subd. 2. new text end

new text begin Requesting review of conditional license order. new text end

new text begin (a) A facility administrator
may request that the commissioner review the findings in a conditional license order under
subdivision 1 on the grounds that satisfactory progress toward substantial compliance with
minimum standards has been made, supported by evidence of correction. If appropriate, the
request may include a written schedule for compliance.
new text end

new text begin (b) Within ten business days of receiving a request, the commissioner must review the
evidence of correction and the progress made toward substantial compliance with minimum
standards.
new text end

new text begin (c) When the commissioner has assurance that satisfactory progress toward substantial
compliance with minimum standards is being made, the commissioner must:
new text end

new text begin (1) modify or lift any conditions limiting operation of the facility or parts of the facility;
or
new text end

new text begin (2) remove the conditional license order.
new text end

new text begin Subd. 3. new text end

new text begin License revocation order. new text end

new text begin (a) After due notice to a facility administrator of
the commissioner's intent to issue a revocation order, the commissioner may issue an order
revoking a facility's license if the commissioner finds that:
new text end

new text begin (1) the facility does not conform to minimum standards or is not making satisfactory
progress toward substantial compliance with minimum standards; and
new text end

new text begin (2) the nonconformance does not present an imminent risk of life-threatening harm or
serious physical injury to the individuals detained or housed in or served by the facility.
new text end

new text begin (b) The notice of intent to issue a revocation order must include:
new text end

new text begin (1) the citation to minimum standards that have been violated;
new text end

new text begin (2) the nature and severity of each violation;
new text end

new text begin (3) whether the violation is recurring or nonrecurring;
new text end

new text begin (4) the effect of the violation on individuals detained or housed in or served by the
facility;
new text end

new text begin (5) an evaluation of the risk of harm to individuals detained or housed in or served by
the facility; and
new text end

new text begin (6) relevant facts, conditions, and circumstances related to the facility's operation,
including, at a minimum:
new text end

new text begin (i) specific facility deficiencies that endanger the health or safety of individuals detained
or housed in or served by the facility;
new text end

new text begin (ii) substantiated complaints relating to the facility; or
new text end

new text begin (iii) any other evidence that the facility is not in compliance with minimum standards.
new text end

new text begin (c) Within 30 days of receiving a notice under paragraph (b), the facility administrator
must submit a written response with:
new text end

new text begin (1) any information related to errors in the notice and the facility's ability to conform to
minimum standards within a set period, including but not limited to a written schedule for
compliance and any other information that the facility administrator deems relevant for the
commissioner's consideration; and
new text end

new text begin (2) a written plan:
new text end

new text begin (i) indicating how the facility will ensure the transfer of individuals detained or housed
in or served by the facility and records if the facility closes; and
new text end

new text begin (ii) specifying arrangements that the facility will make to transfer individuals detained
or housed in or served by the facility to another licensed local correctional facility for
continuation of detention.
new text end

new text begin (d) When revoking a license, the commissioner must consider:
new text end

new text begin (1) the nature, chronicity, or severity of the statute or rule violation; and
new text end

new text begin (2) the effect of the violation on the health, safety, or rights of individuals detained or
housed in or served by the facility.
new text end

new text begin (e) The commissioner must issue a revocation order if the facility administrator does
not respond within 30 days to the notice or if the commissioner does not have assurance
that satisfactory progress toward substantial compliance with minimum standards will be
made. The revocation order must be sent to the facility administrator and the facility's
governing board, clearly stating:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or statute;
new text end

new text begin (2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of the violations;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) any prior correction order or conditional license order issued to correct a violation;
and
new text end

new text begin (5) the date on which the license revocation will occur.
new text end

new text begin (f) A revocation order may authorize facility use until a certain date, not to exceed the
duration of the active license:
new text end

new text begin (1) unless a limited license is issued by the commissioner to effectuate a facility closure;
and
new text end

new text begin (2) if continued operation does not present an imminent risk of life-threatening harm or
is not likely to result in serious physical injury to the individuals detained or housed in or
served by the facility.
new text end

new text begin (g) After a facility's license is revoked, the facility must not be used until the license is
reinstated. When the commissioner is assured that satisfactory progress toward substantial
compliance with minimum standards is being made, the commissioner may, at the request
of the facility administrator supported by a written schedule for compliance, reinstate the
license.
new text end

new text begin Subd. 4. new text end

new text begin Reconsideration orders. new text end

new text begin (a) If a facility administrator believes that a correction
order, conditional license order, or revocation order is in error, the facility administrator
may ask the commissioner to reconsider the parts of the order or action that are alleged to
be in error. The request for reconsideration must:
new text end

new text begin (1) be made in writing;
new text end

new text begin (2) be postmarked and sent to the commissioner within 30 calendar days after receiving
the order;
new text end

new text begin (3) specify the parts of the order or the action that is alleged to be in error;
new text end

new text begin (4) explain why the order or action is in error; and
new text end

new text begin (5) include documentation to support the allegation of error.
new text end

new text begin (b) The commissioner must issue a disposition within 60 days of receiving the facility
administrator's response under paragraph (a). A request for reconsideration does not stay
any provisions or requirements of the order.
new text end

new text begin Subd. 5. new text end

new text begin Temporary immediate license suspension. new text end

new text begin (a) The commissioner must act
immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:
new text end

new text begin (1) the facility's failure to comply with applicable minimum standards or the conditions
in the facility pose an imminent risk of life-threatening harm or serious physical injury to
individuals detained or housed in or served by the facility, staff, law enforcement, visitors,
or the public and:
new text end

new text begin (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
promptly corrected through a different type of order under this section; and
new text end

new text begin (ii) the facility cannot or has not corrected the violation giving rise to the imminent risk
of life-threatening harm or serious physical injury; or
new text end

new text begin (2) while the facility continues to operate pending due notice and opportunity for written
response to the commissioner's notice of intent to issue a revocation order under subdivision
3, the commissioner identifies one or more subsequent violations of minimum standards
that may adversely affect the health or safety of individuals detained or housed in or served
by the facility, staff, law enforcement, visitors, or the public.
new text end

new text begin (b) A notice stating the reasons for the temporary immediate suspension must be delivered
by personal service to the facility administrator and the facility's governing board.
new text end

new text begin (c) A facility administrator and the facility's governing board must discontinue operating
the facility upon receiving the commissioner's order to immediately suspend the license.
new text end

new text begin Subd. 6. new text end

new text begin Requesting reconsideration of temporary immediate suspension. new text end

new text begin (a) A
facility administrator may request reconsideration of an order immediately suspending a
license. The request for reconsideration must be made in writing and sent by certified mail
or personal service as follows:
new text end

new text begin (1) if mailed, the request for reconsideration must be postmarked and sent to the
commissioner within five business days after the facility administrator receives notice that
the license has been immediately suspended; and
new text end

new text begin (2) if a request is made by personal service, the request must be received by the
commissioner within five business days after the facility administrator received the order.
new text end

new text begin (b) The request for reconsideration must:
new text end

new text begin (1) specify the parts of the order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin (c) Within five business days of receiving the facility administrator's timely request for
reconsideration, the commissioner must review the request. For a review under subdivision
5, paragraph (a), clause (2), the review must be limited solely to whether the temporary
immediate suspension order should remain in effect pending the written response to the
commissioner's notice of intent to issue a revocation order.
new text end

new text begin Subd. 7. new text end

new text begin Appealing commissioner's reconsideration request. new text end

new text begin (a) The commissioner's
disposition of a request for reconsideration of a correction, conditional license, temporary
immediate suspension, or revocation order is final and subject to appeal. Before a facility
administrator may request an appeal under paragraph (b), the facility administrator must
request reconsideration according to this section of any correction, conditional license,
temporary immediate suspension, or revocation order.
new text end

new text begin (b) Within 60 days after the postmark date of the mailed notice of the commissioner's
decision on a request for reconsideration, the facility administrator may appeal the decision
by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
Rules of Civil Appellate Procedure, Rule 115.
new text end

new text begin Subd. 8. new text end

new text begin Public notice of restriction, revocation, or suspension. new text end

new text begin If a facility's license
is revoked or suspended under this section, a facility's use is restricted for any reason under
a conditional license order, or a correction order is issued to a facility, the commissioner
must publicly post the following information on the department's website:
new text end

new text begin (1) the facility name;
new text end

new text begin (2) the status of the facility's license;
new text end

new text begin (3) the reason for the correction order, restriction, revocation, or suspension; and
new text end

new text begin (4) any subsequent findings by the commissioner identifying satisfactory progress toward
substantial compliance with minimum standards.
new text end

Sec. 3.

new text begin [241.013] LICENSING AND INSPECTING LOCAL JUVENILE
CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin This section applies to local juvenile correctional facilities under
section 241.011, subdivision 2, paragraph (g), licensed by the commissioner of corrections
to detain or serve juveniles, including those providing residential or foster care facility
placements under chapter 260C.
new text end

new text begin Subd. 2. new text end

new text begin Facilities for children and youth; inspection and licensing. new text end

new text begin (a)
Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,
paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect
all local juvenile correctional facilities under section 241.011, subdivision 3, except as
provided under paragraph (c).
new text end

new text begin (b) The commissioner must grant a license for up to two years to a county, municipality,
or facility:
new text end

new text begin (1) according to section 241.011, subdivision 5; and
new text end

new text begin (2) if the commissioner is satisfied that the interests and well-being of children and youth
are protected.
new text end

new text begin (c) For local juvenile correctional facilities licensed by the commissioner of human
services, the commissioner of corrections may inspect and certify programs based on
certification standards under Minnesota Rules. For purposes of this paragraph, "certification"
has the meaning given in section 245A.02.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner consultation. new text end

new text begin Local juvenile correctional facilities must consult
with the commissioner as needed to strengthen services to children and youth.
new text end

new text begin Subd. 4. new text end

new text begin Affected municipality; notice. new text end

new text begin (a) The commissioner must not grant a license
to a local juvenile correctional facility without giving 30 calendar days' written notice to
any affected municipality or other political subdivision unless the facility:
new text end

new text begin (1) has a licensed capacity of six or fewer individuals; and
new text end

new text begin (2) is occupied by either the licensee or a group foster home parent.
new text end

new text begin (b) The notification must be given before the license is first granted and annually
thereafter if annual notification is requested in writing by the affected municipality or other
political subdivision.
new text end

new text begin (c) State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
this section until the requirements under this subdivision have been met.
new text end

new text begin Subd. 5. new text end

new text begin Licensing with juveniles from outside state. new text end

new text begin The commissioner must not issue
or renew a license to a facility under this section to operate a local juvenile correctional
facility if:
new text end

new text begin (1) the facility accepts juveniles who reside outside Minnesota; and
new text end

new text begin (2) there is no agreement with the entity placing the juvenile at the facility that obligates
the entity to pay the juvenile's educational expenses.
new text end

new text begin Subd. 6. new text end

new text begin Licensing actions. new text end

new text begin The licensing actions under section 241.012 apply to a
facility licensed under this section.
new text end

new text begin Subd. 7. new text end

new text begin Education for juveniles. new text end

new text begin Notwithstanding subdivision 1, the education program
offered in a state or local correctional facility for the placement, confinement, or incarceration
of juveniles must be approved by the commissioner of education before the commissioner
of corrections may grant a license to the facility.
new text end

new text begin Subd. 8. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner must adopt rules for local juvenile
correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and
60, as amended.
new text end

new text begin (b) The time limit to adopt rules under section 14.125 does not apply to amendments to
Minnesota Rules, chapter 2960, in effect on the effective date of this section.
new text end

Sec. 4.

new text begin [241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin This section applies to state correctional facilities.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Audit group" means the state correctional facilities security audit group under
subdivision 5.
new text end

new text begin (c) "Corrections and detention confidential data" has the meaning given in section 13.85,
subdivision 3.
new text end

new text begin (d) "Security information" has the meaning given in section 13.37, subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Biennial report and audit of security practices. new text end

new text begin The department's inspection
unit must conduct biennial security audits of each state correctional facility using the
standards established by the audit group. The inspection unit must:
new text end

new text begin (1) prepare a report for each audit; and
new text end

new text begin (2) submit the report to the audit group within 30 days of completing the audit.
new text end

new text begin Subd. 4. new text end

new text begin Data. new text end

new text begin (a) Corrections and detention confidential data and security information
contained in reports and records of the audit group:
new text end

new text begin (1) must maintain that classification, regardless of the data's classification in the hands
of the person who provided the data; and
new text end

new text begin (2) are not subject to discovery or introduction into evidence in a civil or criminal action
against the state arising out of any matter that the audit group is reviewing.
new text end

new text begin (b) Information, documents, and records otherwise available from other sources are not
immune from discovery or use in a civil or criminal action solely because the information,
documents, and records were acquired during an audit.
new text end

new text begin (c) Nothing in this subdivision limits a person who presented information to the audit
group or who is an audit group member from testifying about matters within the person's
knowledge. In a civil or criminal proceeding, a person must not be questioned about the
person's good faith presentation of information to the audit group or opinions formed by
the person as a result of an audit.
new text end

new text begin Subd. 5. new text end

new text begin State correctional facilities security audit group. new text end

new text begin (a) The commissioner must
form a state correctional facilities security audit group. The audit group must consist of the
following members:
new text end

new text begin (1) a department employee who is not assigned to the correctional institutions division,
appointed by the commissioner;
new text end

new text begin (2) the ombudsperson for corrections or a designee;
new text end

new text begin (3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,
appointed by the commissioner;
new text end

new text begin (4) an individual with expertise in security related to infrastructure and operational
logistics of correctional facilities who is not required to reside in Minnesota, appointed by
the governor;
new text end

new text begin (5) the commissioner of health or a designee;
new text end

new text begin (6) the commissioner of administration or a designee;
new text end

new text begin (7) two senators, one appointed by the senate majority leader and one appointed by the
senate minority leader; and
new text end

new text begin (8) two representatives, one appointed by the speaker of the house and one appointed
by the minority leader of the house of representatives.
new text end

new text begin (b) The ombudsperson chairs the audit group. The audit group must establish security
audit standards for state correctional facilities. In developing the standards, the audit group,
or individual members of the audit group, may gather information from state correctional
facilities and state correctional staff and inmates. The audit group must:
new text end

new text begin (1) periodically review and modify the standards as needed; and
new text end

new text begin (2) report the standards to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety policy and finance
when the standards are modified.
new text end

new text begin (c) The audit group must meet twice annually to review facility audit reports submitted
to the audit group by the department's inspection unit. Notwithstanding any law to the
contrary, the audit group may review the full audit reports, including but not limited to
corrections and detention confidential data and security information.
new text end

new text begin (d) Within 60 days of meeting to review an audit report from the department's inspection
unit, the audit group must make recommendations to the commissioner. Within 45 days of
receiving the audit group's recommendations, the commissioner must respond in writing to
the audit group's findings and recommendations. The commissioner's response must explain:
new text end

new text begin (1) whether the commissioner will implement the audit group's recommendations;
new text end

new text begin (2) the timeline for implementing the recommendations; and
new text end

new text begin (3) if the commissioner will not implement the recommendations, why the commissioner
will not or cannot implement the recommendations.
new text end

new text begin (e) The commissioner must include a written aggregate of the audit group's
recommendations based on each security audit and assessment of a state correctional facility
and the commissioner's responses to the recommendations in the biennial report under
section 241.016, subdivision 1. The commissioner must not include corrections and detention
confidential data and security information in the commissioner's report.
new text end

new text begin (f) The commissioner must provide staffing and administrative support to the audit
group.
new text end

new text begin Subd. 6. new text end

new text begin Compensation. new text end

new text begin Except as otherwise provided in this subdivision, the terms,
compensation, and removal of audit group members are governed by section 15.059. Audit
group members serve without compensation but may receive expense reimbursement.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 6, the audit group
does not expire.
new text end

new text begin Subd. 8. new text end

new text begin Open meeting law. new text end

new text begin The audit group is not subject to chapter 13D.
new text end

Sec. 5.

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1, is amended
to read:


Subdivision 1.

Correctional facilities; inspection; licensing.

(a) deleted text begin Except as provided
in paragraph (b),
deleted text end The commissioner of corrections shall inspect and license all deleted text begin correctional
facilities throughout the state
deleted text end new text begin jails and lockups under chapters 641 and 642new text end , whether public
or private, established and operated for the detention and confinement of persons confined
or incarcerated therein according to law except to the extent that they are inspected or
licensed by other state regulating agencies. The commissioner shall promulgate pursuant
to chapter 14, rules establishing minimum standards for these facilities with respect to their
management, operation, physical condition, and the security, safety, health, treatment, and
discipline of persons confined or incarcerated therein. These minimum standards shall
include but are not limited to specific guidance pertaining to:

(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;

(2) a policy on the involuntary administration of medications, including a process for
determining on intake whether a Jarvis Order is in place and ensuring it will be followed
during the confinement or incarceration;

(3) suicide prevention plans and training;

(4) verification of medications in a timely manner;

(5) well-being checks;

(6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;

(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;

(8) use of segregation and mental health checks;

(9) critical incident debriefings;

(10) clinical management of substance use disorders and opioid overdose emergency
procedures;

(11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;

(12) a policy regarding the use of telehealth;

(13) self-auditing of compliance with minimum standards;

(14) information sharing with medical personnel and when medical assessment must be
facilitated;

(15) a code of conduct policy for facility staff and annual training;

(16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and

(17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless it possesses a current license from the commissioner of corrections. Private
adult correctional facilities shall have the authority of section 624.714, subdivision 13, if
the Department of Corrections licenses the facility with the authority and the facility meets
requirements of section 243.52.

The commissioner shall review the correctional facilities described in this subdivision
at least once every two years, except as otherwise provided, to determine compliance with
the minimum standards established according to this subdivision or other Minnesota statute
related to minimum standards and conditions of confinement.

The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the standards not being met do not impact the
interests and well-being of the persons confined or incarcerated in the facility. A limited
license under subdivision 1a may be issued for purposes of effectuating a facility closure.
The commissioner may grant licensure up to two years. Unless otherwise specified by
statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the
expiration date stated on the license.

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons confined or incarcerated in these facilities. The commissioner may require the
officers in charge of these facilities to furnish all information and statistics the commissioner
deems necessary, at a time and place designated by the commissioner. Notwithstanding
chapter 13 or any other state law classifying or restricting access to data, the officers in
charge of these facilities must furnish all data available to the facility that the commissioner
deems necessary to conduct a review of any emergency or unusual occurrence at the facility.
Failure to provide or grant access to relevant information or statistics necessary to fulfill
inspection or emergency or unusual occurrence reviews, as requested by the commissioner,
may be grounds for the commissioner to take action against a correctional facility's license
under subdivision 1a, 1b, or 1c.

All facility administrators of correctional facilities are required to report all deaths of
individuals who died while committed to the custody of the facility, regardless of whether
the death occurred at the facility or after removal from the facility for medical care stemming
from an incident or need for medical care at the correctional facility, as soon as practicable,
but no later than 24 hours of receiving knowledge of the death, including any demographic
information as required by the commissioner.

All facility administrators of correctional facilities are required to report all other
emergency or unusual occurrences as defined by rule, including uses of force by facility
staff that result in substantial bodily harm or suicide attempts, to the commissioner of
corrections within ten days from the occurrence, including any demographic information
as required by the commissioner. The commissioner of corrections shall consult with the
Minnesota Sheriffs' Association and a representative from the Minnesota Association of
Community Corrections Act Counties who is responsible for the operations of an adult
correctional facility to define "use of force" that results in substantial bodily harm for
reporting purposes.

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. The commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection. The education program offered in a correctional facility for the confinement
or incarceration of juvenile offenders must be approved by the commissioner of education
before the commissioner of corrections may grant a license to the facility.

deleted text begin (b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end Any state agency which regulates, inspects, or licenses certain aspects of
correctional facilities shall, insofar as is possible, ensure that the minimum standards it
requires are substantially the same as those required by other state agencies which regulate,
inspect, or license the same aspects of similar types of correctional facilities, although at
different correctional facilities.

deleted text begin (d)deleted text end new text begin (c)new text end Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under chapter 401, or to require counties to comply with operating standards the
commissioner establishes as a condition precedent for counties to receive that funding.

deleted text begin (e)deleted text end new text begin (d)new text end The department's inspection unit must report directly to a division head outside
of the correctional institutions division.

Sec. 6.

Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:


Subd. 1f.

Report.

By February 15, 2022, and by February 15 each year thereafter, the
commissioner of corrections shall report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over public
safety and judiciary on the status of the implementation of the provisions in deleted text begin this sectiondeleted text end new text begin
sections 241.011 to 241.021
new text end over the prior year, particularly the health and safety of
individuals confined or incarcerated in deleted text begin adeleted text end new text begin local adult correctional facilities under this section,
local correctional facilities under section 241.011, and
new text end state correctional deleted text begin facility and a facility
licensed by the commissioner
deleted text end new text begin facilitiesnew text end . This report shall include but not be limited to data
regarding:

(1) the number of confined or incarcerated persons who died while committed to the
custody of the facility, regardless of whether the death occurred at the facility or after
removal from the facility for medical care stemming from an incident or need for medical
care at the correctional facility, including aggregated demographic information and the
correctional facilities' most recent inspection reports and any corrective orders or conditional
licenses deleted text begin issueddeleted text end new text begin , revocations, or temporary immediate suspensionsnew text end ;

(2) the aggregated results of the death reviews by facility as required by subdivision 8new text begin
or section 241.011, subdivision 8
new text end , including any implemented policy changes;

(3) the number of uses of force by facility staff on persons confined or incarcerated in
the correctional facility, including but not limited to whether those uses of force were
determined to be justified by the facility, for which the commissioner of corrections shall
consult with the Minnesota Sheriffs' Association and a representative from the Minnesota
Association of Community Corrections Act Counties who is responsible for the operations
of an adult correctional facility to develop criteria for reporting and define reportable uses
of force;

(4) the number of suicide attempts, number of people transported to a medical facility,
and number of people placed in segregation;

(5) the number of persons committed to the commissioner of corrections' custody that
the commissioner is housing in facilities licensed under subdivision 1new text begin and section 241.011new text end ,
including but not limited to:

(i) aggregated demographic data of those individuals;

(ii) length of time spent housed in a licensed correctional facility; and

(iii) any contracts the Department of Corrections has with correctional facilities to provide
housing; and

(6) summary data from state correctional facilities regarding complaints involving alleged
on-duty staff misconduct, including but not limited to the:

(i) total number of misconduct complaints and investigations;

(ii) total number of complaints by each category of misconduct, as defined by the
commissioner of corrections;

(iii) number of allegations dismissed as unfounded;

(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and

(v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.

Sec. 7.

Minnesota Statutes 2024, section 241.021, subdivision 1i, is amended to read:


Subd. 1i.

Definition.

As used in this section, "correctional facility" means any deleted text begin facility,
including a group home, having a residential component, the primary purpose of which is
to serve persons placed in facilities by a court, court services department, parole authority,
or other correctional agency having dispositional power over persons charged with, convicted,
or adjudicated guilty or delinquent
deleted text end new text begin jail or lockup under chapter 641 or 642new text end .

Sec. 8. new text begin RULEMAKING; DEPARTMENT OF CORRECTIONS; LICENSED
JUVENILE FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative and medical separation. new text end

new text begin (a) The notification
requirements in this subdivision apply to juvenile facilities licensed by the commissioner
of corrections under Minnesota Statutes, sections 241.011 to 241.013.
new text end

new text begin (b) A facility's chief administrator must notify the commissioner according to Minnesota
Rules, part 2960.0270, subpart 12, if a resident is expected to be, or has been, in
administrative or medical separation for more than seven days.
new text end

new text begin (c) The notification under paragraph (b) must be within ten days of the resident's
placement, or expected placement, in administrative separation or medical separation for
more than seven days.
new text end

new text begin (d) This subdivision expires when the rules adopted under subdivision 2 are effective.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin (a) The commissioner of corrections must amend Minnesota
Rules, parts 2960.0740, subpart 3, and 2960.0750, subpart 3, to require notification according
to subdivision 1, paragraphs (b) and (c).
new text end

new text begin (b) The commissioner may use the good cause exemption under Minnesota Statutes,
section 14.388, subdivision 1, clause (3), to adopt rules under this subdivision.
new text end

new text begin (c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and
60, or any other law to the contrary, the joint rulemaking authority with the commissioners
of the Department of Human Services and other state agencies does not apply to rules
adopted under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes must renumber each section of Minnesota Statutes listed in
column A with the number listed in column B.
new text end

new text begin Column A
new text end
new text begin Column B
new text end
new text begin 241.021, subdivision 4
new text end
new text begin 241.74, subdivision 1
new text end
new text begin 241.021, subdivision 4a
new text end
new text begin 241.39
new text end
new text begin 241.021, subdivision 4b
new text end
new text begin 241.74, subdivision 2, paragraph (a)
new text end
new text begin 241.021, subdivision 4c
new text end
new text begin 241.74, subdivision 2, paragraph (b)
new text end
new text begin 241.021, subdivision 4d
new text end
new text begin 241.74, subdivision 3
new text end
new text begin 241.021, subdivision 4e
new text end
new text begin 241.254
new text end

new text begin (b) As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the
revisor of statutes must work with the Department of Corrections to correct cross-references
in Minnesota Statutes and Minnesota Rules and make other necessary grammatical and
technical changes.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2024, section 241.021, subdivisions 1g, 1h, 2a, 2b, 3, and 6, new text end new text begin are
repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 6

DEPARTMENT OF CORRECTIONS SUBSTANCE ABUSE AND MENTAL
HEALTH

Section 1.

Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:


Subd. 4a.

Substance use disorder treatment programs.

All deleted text begin residentialdeleted text end substance use
disorder treatment programs operated by the commissioner of corrections to treat deleted text begin adultsdeleted text end new text begin
individuals
new text end committed to the commissioner's custody deleted text begin shalldeleted text end new text begin or to treat juveniles in
state-operated juvenile correctional facilities that have a correctional program services
certification per Minnesota Rules, chapter 2960, must
new text end comply with the standards mandated
in chapter 245G for treatment programs operated by community-based treatment facilities.
When the commissioners of corrections and human services agree that these established
standards for community-based programs cannot reasonably apply to correctional facilities,
alternative equivalent standards shall be developed by the commissioners and established
through an interagency agreement.

Sec. 2.

Minnesota Statutes 2024, section 241.69, subdivision 1, is amended to read:


Subdivision 1.

Authority; rules.

The commissioner of corrections shall, in accordance
with applicable rules and standards prescribed by the Department of Human Services,
establish, staff, equip, maintain, and operate new text begin in new text end at new text begin least new text end one of the adult correctional
institutions under the commissioner's control a mental health unit for the care and treatment
of those inmates of state correctional institutions who become mentally ill.

Sec. 3.

Minnesota Statutes 2024, section 241.69, subdivision 3, is amended to read:


Subd. 3.

Transfer.

If the licensed mental health professional finds the person to be a
person who is mentally ill and in need of short-term care, new text begin assessment, evaluation, or
stabilization,
new text end the licensed mental health professional may recommend transfer by the
commissioner of corrections to deleted text begin thedeleted text end new text begin anew text end mental health unit established pursuant to subdivision
1.

Sec. 4.

Minnesota Statutes 2024, section 241.69, subdivision 4, is amended to read:


Subd. 4.

Commitment.

If the licensed mental health professional finds the person to be
a person who is mentally ill and in need of long-term care in a hospital, deleted text begin or if an inmate
transferred pursuant to subdivision 3 refuses to voluntarily participate in the treatment
program at the mental health unit,
deleted text end the director of psychological services of the institution
or the mental health professional shall initiate proceedings for judicial commitment as
provided in section 253B.07. Upon the recommendation of the licensed mental health
professional and upon completion of the hearing and consideration of the record, the court
may commit the person to deleted text begin thedeleted text end new text begin anew text end mental health unit established in subdivision 1 or to another
hospital. A person confined in a state correctional institution for adults who has been
adjudicated to be a person who is mentally ill and in need of treatment may be committed
to the commissioner of corrections and placed in deleted text begin thedeleted text end new text begin anew text end mental health unit established in
subdivision 1.

Sec. 5.

Minnesota Statutes 2024, section 241.69, subdivision 5, is amended to read:


Subd. 5.

Discharge.

The director of psychological services of deleted text begin thedeleted text end new text begin anew text end mental health unit
established under this section may, subject to the provisions of chapter 253B, provisionally
discharge any inmate patient admitted as a person who is mentally ill without discharging
the commitment and order the inmate patient's release into the general population of the
institution from which admitted, subject to return to the facility for further treatment.

When the director of psychological services of the facility certifies that a patient is no
longer in need of institutional care for mental illness the director of psychological services
shall discharge the patient to the institution from which committed, and the discharge shall
also discharge the mental illness commitment.

A copy of the certification that the inmate is no longer in need of care for mental illness
shall be transmitted to the commissioner of corrections. The commissioner of corrections
shall give serious consideration to the aforementioned certification for purposes of their
supervision over the inmate upon the inmate's release.

Sec. 6.

Minnesota Statutes 2024, section 241.69, subdivision 6, is amended to read:


Subd. 6.

Transfer upon expiration of sentence.

If the sentence of a person who has
been adjudicated to be mentally ill and committed to deleted text begin thedeleted text end new text begin anew text end mental health unit established
under this section should expire before the person recovers and is discharged therefrom,
and, in the judgment of the director of psychological services of the unit, the person requires
further hospitalization for mental illness, the person shall be transferred by the commissioner
of corrections to a state hospital designated by the Direct Care and Treatment executive
board, there to be detained as in the case of other mentally ill persons under judicial
commitment.

ARTICLE 7

PRIVATE DETECTIVE AND PROTECTIVE AGENT LICENSING

Section 1.

Minnesota Statutes 2024, section 326.32, subdivision 8, is amended to read:


Subd. 8.

Applicant.

"Applicant" means any individualdeleted text begin , partnershipdeleted text end or corporation who
has made application for a private detective or protective agent license.

Sec. 2.

Minnesota Statutes 2024, section 326.32, subdivision 10, is amended to read:


Subd. 10.

License holder.

"License holder" means any individualdeleted text begin , partnership as defined
in section 323A.0101, clause (8),
deleted text end or corporation licensed to perform the duties of a private
detective or a protective agent.

Sec. 3.

Minnesota Statutes 2024, section 326.32, subdivision 10a, is amended to read:


Subd. 10a.

Minnesota manager.

"Minnesota manager" means the member of a
deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end who meets the qualifications for licensing as provided in sections
326.32 to 326.339. The Minnesota manager must be actively involved in the day to day
management and supervision of the licensed activity in the Minnesota office.

Sec. 4.

Minnesota Statutes 2024, section 326.32, subdivision 10c, is amended to read:


Subd. 10c.

Proprietary employer.

A "proprietary employer" means an individualdeleted text begin ,
partnership,
deleted text end ornew text begin anew text end corporation that is not engaged in the business of providing protective
agents but employs individuals to serve as security guards solely on the employer's property
and its curtilage.

Sec. 5.

Minnesota Statutes 2024, section 326.32, subdivision 12, is amended to read:


Subd. 12.

Qualified representative.

"Qualified representative" means the member of
a deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end who meets the qualifications for licensing as provided in
sections 326.32 to 326.339. The qualified representative must be actively involved in the
day to day management and supervision of the licensed activity.

Sec. 6.

Minnesota Statutes 2024, section 326.33, subdivision 1, is amended to read:


Subdivision 1.

Members.

There is hereby created a Board of Private Detective and
Protective Agent Services, consisting of the superintendent of the Bureau of Criminal
Apprehension or an assistant superintendent designated by the superintendent, and the
following members appointed by the commissioner of public safety: a licensed protective
agent, or qualified representative for a licensed protective agent deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end new text begin ;new text end
a licensed private detective, or qualified representative for a licensed private detective
deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end new text begin ;new text end and two public members. Filling of member vacancies shall be
the responsibility of the commissioner of public safety. Membership terms, compensation
of members, removal of members, the filling of membership vacancies, and fiscal year and
reporting requirements shall be as provided in sections 214.07 to 214.09. The provision of
staff, unless otherwise provided in sections 326.32 to 326.339; administrative services and
office space; the review and processing of complaints; the setting of board fees, unless
otherwise provided in sections 326.32 to 326.339; and other provisions relating to board
operations shall be as provided in chapter 214.

Sec. 7.

Minnesota Statutes 2024, section 326.3381, subdivision 2, is amended to read:


Subd. 2.

Application procedure.

The board shall issue a license upon application to
any person qualified under sections 326.32 to 326.339 and under the rules of the board to
engage in the business of private detective or protective agent. The license shall remain
effective for two years as long as the license holder complies with sections 326.32 to 326.339,
the laws of Minnesota, and the rules of the board. Upon receipt of an application for private
detective or protective agent license, the board shall:

(1) post notice of the application in its office for a period of 20 days, and notify all
persons who have requested notification of applications;

(2) conduct an investigation as it considers necessary to determine the qualifications of
the applicant, qualified representative, Minnesota manager, andnew text begin ,new text end if appropriate, a deleted text begin partner ordeleted text end
corporate officer; and

(3) notify the applicant of the date on which the board will conduct a review of the
license application.

Sec. 8.

Minnesota Statutes 2024, section 326.3381, subdivision 4, is amended to read:


Subd. 4.

Business entity applicant.

If the applicant for a license is a corporation deleted text begin or
partnership, one member
deleted text end new text begin , the chief executive officer, the chief financial officer, the qualified
representative, and the Minnesota manager, if one exists,
new text end of that corporation deleted text begin or partnershipdeleted text end
must meet the licensing requirements in sections 326.32 to 326.339new text begin , including the
requirements of subdivision 3, paragraph (b)
new text end .

Sec. 9.

Minnesota Statutes 2024, section 326.3382, subdivision 1, is amended to read:


Subdivision 1.

Application form.

(a) Application for a private detective or protective
agent license shall be made on a form prescribed by the board. Each applicant shall provide
the following information:

(1) the full name, date of birth, and sex of each person signing the application, and the
residences of those persons for the past five years;

(2) all past and present occupations and employers, length of employment, and the name,
address, and telephone numbers of supervisors for all persons signing the application;

(3) the address or a description indicating the location of the place of business of the
applicant;

(4) a statement indicating that each person signing the application has attained the age
of 18;

(5) if the applicant is a corporation, the name of the corporation, the date and place of
incorporation, and the location of its principal place of business or registered office in its
state of incorporation; and

(6) further facts as may be required by the board to show the good character, competency,
and integrity of each person signing the applicationdeleted text begin ; anddeleted text end new text begin .
new text end

(b) Each application shall be signed and acknowledged as follows:

(1) if the applicant is an individual, by the individual;new text begin or
new text end

deleted text begin (2) if the applicant is a partnership, by each partner, one of whom must be a qualified
representative; or
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end if the applicant is a corporation, by the chief executive officer, chief financial
officer, and the qualified representative of the corporation. If the principal place of the
applicant's business is outside Minnesota, the application shall also include the signature
of the Minnesota manager.

Sec. 10.

Minnesota Statutes 2024, section 326.3382, subdivision 4, is amended to read:


Subd. 4.

License disqualification.

Unlicensed activity will not be considered as legitimate
experience for qualification in being licensed. An individual, deleted text begin partnership,deleted text end new text begin anew text end corporation, new text begin a
new text end qualified representative, or new text begin a new text end Minnesota manager engaged in the business of a private
detective or protective agent without a license issued by the board is prohibited from applying
for licensing for a period of one year from the date of a finding of the violation.

Sec. 11.

Minnesota Statutes 2024, section 326.3385, subdivision 2, is amended to read:


Subd. 2.

Notice of successor.

new text begin (a) new text end A corporate deleted text begin or partnershipdeleted text end license holder shall, within
seven days of the death, resignation, or removal of a person signing the license application,
give written notice to the board of the change and the name and address of the successor in
the vacated position.

new text begin (b) new text end Within seven days of the death, resignation, or removal of a person signing the license
application for a deleted text begin partnership ordeleted text end corporate license holder, the successor qualified
representative, deleted text begin partner,deleted text end Minnesota manager, chief executive officer, or chief financial officer
who shall qualify under the same procedure and criteriadeleted text begin , anddeleted text end new text begin mustnew text end submit the documents
required, as for an original application.

Sec. 12.

Minnesota Statutes 2024, section 326.3386, subdivision 3, is amended to read:


Subd. 3.

Designation fee.

When a licensed private detective or protective agent who is
a deleted text begin partnership ordeleted text end corporationdeleted text begin ,deleted text end desires to designate a new qualified representative or Minnesota
manager, a fee equal to one-half of the license fee shall be submitted to the board.

ARTICLE 8

REHABILITATION OF OFFENDERS

Section 1.

Minnesota Statutes 2024, section 364.03, subdivision 3, is amended to read:


Subd. 3.

Evidence of rehabilitation.

(a) A person who has been convicted of a crime
or crimes which directly relate to the public employment sought or to the occupation for
which a license is sought shall not be disqualified from the employment or occupation if
the person can shownew text begin bothnew text end competent evidence of sufficient rehabilitation and present fitness
to perform the duties of the public employment sought or the occupation for which the
license is sought.

new text begin (b) In determining whether the person has demonstratednew text end competent evidence of sufficient
rehabilitationnew text begin and present fitness, the licensing or hiring authoritynew text end may deleted text begin be established by
the production of
deleted text end new text begin consider the following when making a determination:
new text end

new text begin (1)new text end the person's most recent certified copy of a United States Department of Defense
form DD-214 showing the person's honorable discharge, or separation under honorable
conditions, from the United States armed forces for military service rendered following
conviction for any crime that would otherwise disqualify the person from the public
employment sought or the occupation for which the license is soughtdeleted text begin , or:deleted text end new text begin ;
new text end

deleted text begin (1)deleted text end new text begin (2)new text end a copy of the local, state, or federal release orderdeleted text begin ;deleted text end and

deleted text begin (2)deleted text end evidence showing that at least one year has elapsed since release from any local,
state, or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; deleted text begin or
deleted text end

(3) a copy of the relevant Department of Corrections discharge order or other documents
showing completion of probation or parole supervisiondeleted text begin .deleted text end new text begin ;
new text end

deleted text begin (b) In addition to the documentary evidence presented, the licensing or hiring authority
shall consider any evidence presented by the applicant regarding:
deleted text end

new text begin (4) evidence regarding:
new text end

deleted text begin (1)deleted text end new text begin (i)new text end the nature and seriousness of the crime or crimes for which convicted;

deleted text begin (2)deleted text end new text begin (ii)new text end all circumstances relative to the crime or crimes, including mitigating
circumstances or social conditions surrounding the commission of the crime or crimes;

deleted text begin (3)deleted text end new text begin (iii)new text end the age of the person at the time the crime or crimes were committed;new text begin and
new text end

deleted text begin (4)deleted text end new text begin (iv)new text end the length of time elapsed since the crime or crimes were committed; and

(5) all other competent evidence of rehabilitation and present fitness presented, including,
but not limited to, letters of reference by persons who have been in contact with the applicant
since the applicant's release from any local, state, or federal correctional institution.

(c) The certified copy of a person's United States Department of Defense form DD-214
showing the person's honorable discharge or separation under honorable conditions from
the United States armed forces ceases to qualify as competent evidence of sufficient
rehabilitation for purposes of this section upon the person's conviction for any gross
misdemeanor or felony committed by the person subsequent to the effective date of that
honorable discharge or separation from military service.

Sec. 2.

Minnesota Statutes 2024, section 364.05, is amended to read:


364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR
DISQUALIFICATION FROM OCCUPATION.

If a hiring or licensing authority denies an individual a position of public employment
or disqualifies the individual from pursuing, practicing, or engaging in any occupation for
which a license is required, solely or in part because of the individual's prior conviction of
a crime, the hiring or licensing authority shall notify the individual in writing of the following:

(1) the grounds and reasons for the denial or disqualification;

(2) the applicable complaint and grievance procedure as set forth in section 364.06;

(3) the earliest date the person may reapply for a position of public employment or a
licensenew text begin with a hiring or licensing authoritynew text end ; and

(4) that all competent evidence of rehabilitation presentednew text begin upon reapplicationnew text end will be
considered deleted text begin upon reapplicationdeleted text end .

ARTICLE 9

PROTECTIONS FOR JUDICIAL OFFICIALS

Section 1.

Minnesota Statutes 2025 Supplement, section 480.40, subdivision 1, is amended
to read:


Subdivision 1.

Definitions.

(a) For purposes of this section and section 480.45, the
following terms have the meanings given.

(b) "Judicial official" means:

(1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;

(2) a current or retired justice of the Minnesota Supreme Court;

(3) employees of the Minnesota judicial branch;

(4) judicial referees and magistrate judges; and

(5) current and retired judges and current employees of the Office of Administrative
Hearings, new text begin Department of Employment and Economic Development Unemployment Insurance
and Paid Leave Appeals Divisions,
new text end Department of Human Services Appeals Division,
Workers' Compensation Court of Appeals, and Tax Court.

(c) "Personal information" does not include publicly available information. Personal
information means:

(1) a residential address of a judicial official;

(2) a residential address of the spouse, domestic partner, or children of a judicial official;

(3) a nonjudicial branch issued telephone number or email address of a judicial official;

(4) the name of any child of a judicial official; and

(5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.

(d) "Publicly available information" means information that is lawfully made available
through federal, state, or local government records or information that a business has a
reasonable basis to believe is lawfully made available to the general public through widely
distributed media, by a judicial official, or by a person to whom the judicial official has
disclosed the information, unless the judicial official has restricted the information to a
specific audience.

(e) "Law enforcement support organizations" do not include charitable organizations.

(f) "Real property records" has the meaning given in section 480.50, subdivision 1,
paragraph (f).

Sec. 2.

Minnesota Statutes 2025 Supplement, section 480.50, subdivision 1, is amended
to read:


Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have
the meanings given.

(b) "County recorder" has the meaning given in section 13.045, subdivision 1, clause
(4).

(c) "Government entity" has the meaning given in section 13.02, subdivision 7a.

(d) "Judicial official" has the meaning given in section 480.40, subdivision 1, paragraph
(b), except that it does not include: (1) employees of the Minnesota judicial branch, the
Office of Administrative Hearings, the Workers' Compensation Court of Appeals, or the
Tax Court; deleted text begin ordeleted text end (2) judges or employees in the Department of Human Services Appeals
Divisionnew text begin ; or (3) judges or employees in the Unemployment Insurance and Paid Leave
Appeals Divisions
new text end .

(e) "Personal information" has the meaning given in section 480.40, subdivision 1,
paragraph (c).

(f) "Real property records" means any of the following:

(1) real property records as defined in section 13.045, subdivision 1, clause (5);

(2) Uniform Commercial Code filings and tax liens maintained by the Secretary of State;
and

(3) any other records maintained by a county recorder or other government entity
evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.

(g) "Responsible authority" has the meaning given in section 13.02, subdivision 16.

APPENDIX

Repealed Minnesota Statutes: S4760-1

169A.54 DWI CONVICTIONS, ADJUDICATIONS; ADMINISTRATIVE PENALTIES.

Subd. 6.

Applicability of implied consent revocation.

(a) Any person whose license has been revoked pursuant to section 169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; pursuant to a search warrant) as the result of the same incident, and who does not have a qualified prior impaired driving incident, is subject to the mandatory revocation provisions of subdivision 1, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52 or 171.177.

(b) Paragraph (a) does not apply to:

(1) a person whose license has been revoked under subdivision 2 (driving while impaired by person under age 21); or

(2) a person whose driver's license has been revoked for, or who is charged with (i) an alcohol concentration of twice the legal limit or more as measured at the time or within two hours of the time of the offense; or (ii) a violation of section 169A.20 (driving while impaired) with an aggravating factor described in section 169A.03, subdivision 3, clause (3).

241.021 LICENSING AND SUPERVISION OF FACILITIES.

Subd. 1g.

Biennial assessment and audit of security practices; state correctional facilities.

(a) Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial security audits of each state correctional facility using the standards promulgated by the state correctional facilities security audit group. The unit must prepare a report for each assessment and audit and submit the report to the state correctional facilities security audit group within 30 days of completion of the audit.

(b) Corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, that is contained in reports and records of the group maintain that classification, regardless of the data's classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against the state arising out of the matters the group is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were acquired during the group's audit. This section does not limit a person who presented information to the group or who is a member of the group from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the group or opinions formed by the person as a result of the group's audits.

Subd. 1h.

State correctional facilities security audit group.

(a) Beginning in fiscal year 2022, the commissioner shall form a state correctional facilities security audit group. The group must consist of the following members:

(1) a Department of Corrections employee who is not assigned to the correctional institutions division, appointed by the commissioner;

(2) the ombudsperson for corrections or a designee;

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed by the commissioner;

(4) an individual with expertise in security related to infrastructure and operational logistics of correctional facilities who is not required to reside in Minnesota, appointed by the governor;

(5) the commissioner of health or a designee;

(6) the commissioner of administration or a designee;

(7) two senators, one appointed by the senate majority leader and one appointed by the minority leader; and

(8) two representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house of representatives.

(b) The ombudsperson or a designee shall chair the group. The group shall establish security audit standards for state correctional facilities. In developing the standards, the group, or individual members of the group, may gather information from state correctional facilities and state correctional staff and inmates. The security audit group must periodically review the standards and modify them as needed. The group must report the standards to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance whenever the standards are updated.

(c) The group shall meet twice a year to review facility audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the full audit reports including nonpublic security information and corrections and detention confidential data. Within 60 days of meeting to review audit reports from the department's inspection unit, the group must make recommendations to the commissioner. Within 45 days of receiving the group's recommendations, the commissioner must reply in writing to the group's findings and recommendations. The commissioner's response must explain whether the agency will implement the group's recommendations, the timeline for implementation of the changes, and, if not, why the commissioner will not or cannot implement the group's recommendations.

(d) Beginning in 2023, the commissioner must include a written aggregate of the group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations in the biennial report required under section 241.016, subdivision 1. The commissioner shall not include corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, in the commissioner's report to the legislature.

(e) The commissioner shall provide staffing and administrative support to the group.

(f) The state correctional facilities security audit group is not subject to chapter 13D.

(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section 15.059. Members of the group serve without compensation but shall receive expense reimbursement. Notwithstanding section 15.059, subdivision 6, the group does not expire.

Subd. 2.

Facilities for delinquent children and youth; licenses; supervision.

Notwithstanding any provisions in sections 142B.05; 142B.10; 245A.03; 245A.04; and 256.01, subdivision 2, paragraph (a), clause (2), and chapter 245C to the contrary, but subject to the municipality notification requirements of subdivision 2a, the commissioner of corrections shall review all county, municipal, or other publicly established and operated facilities for the detention, care and training of delinquent children and youth at least once every biennium, and if such facility conforms to reasonable standards established by the commissioner or in the commissioner's judgment is making satisfactory progress toward substantial conformity therewith, and the commissioner is satisfied that the interests and well-being of children and youth received therein are protected, the commissioner shall grant a license to the county, municipality or agency thereof operating such facility. The commissioner may grant licensure up to two years. Each such facility shall cooperate with the commissioner to make available all facts regarding its operation and services as the commissioner requires to determine its conformance to standards and its competence to give the services needed and which it purports to give. Every such facility as herein described is subject to visitation and supervision by the commissioner and shall receive from the commissioner consultation as needed to strengthen services to the children and youth received therein.

Subd. 2a.

Affected municipality; notice.

The commissioner must not grant a license without giving 30 calendar days' written notice to any affected municipality or other political subdivision unless the facility has a licensed capacity of six or fewer persons and is occupied by either the licensee or the group foster home parents. The notification must be given before the license is first granted and annually after that time if annual notification is requested in writing by any affected municipality or other political subdivision. State funds must not be made available to or be spent by an agency or department of state, county, or municipal government for payment to a foster care facility licensed under subdivision 2 until the provisions of this subdivision have been complied with in full.

Subd. 2b.

Licensing; facilities; juveniles from outside state.

The commissioner may not:

(1) grant a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile; or

(2) renew a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile.

Subd. 3.

Revocation of license.

When after due notice and hearing the commissioner of corrections determines that any facility described in subdivision 2 does not substantially conform to the reasonable standards therein provided or is not making satisfactory progress toward substantial compliance therewith, the commissioner may, with the consent of the judge of the district court, issue an order revoking the license of that facility. After revocation of its license, that facility shall not be used for the care and training of delinquent children, or for their detention until its license is renewed.

Subd. 6.

Background studies.

(a) The commissioner of corrections is authorized to do background studies on personnel employed by any facility serving children or youth that is licensed under this section. The commissioner of corrections shall contract with the commissioner of human services to conduct background studies of individuals providing services in secure and nonsecure residential facilities and detention facilities who have direct contact, as defined under section 245C.02, subdivision 11, with persons served in the facilities. A disqualification of an individual in this section shall disqualify the individual as provided in chapter 245C.

(b) A clerk or administrator of any court, the Bureau of Criminal Apprehension, a prosecuting attorney, a county sheriff, or a chief of a local police department, shall assist in these studies by providing to the commissioner of human services, or the commissioner's representative, all criminal conviction data available from local, state, and national criminal history record repositories, including the criminal justice data communications network, pertaining to the following individuals: applicants, operators, all persons living in the household, and all staff of any facility subject to background studies under this subdivision.

(c) The Department of Human Services shall conduct the background studies required by paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this subdivision, the term "secure and nonsecure residential facility and detention facility" shall include programs licensed or certified under subdivision 2. The Department of Human Services shall provide necessary forms and instructions, shall conduct the necessary background studies of individuals, and shall provide notification of the results of the studies to the facilities, individuals, and the commissioner of corrections. Individuals shall be disqualified under the provisions of chapter 245C.

If an individual is disqualified, the Department of Human Services shall notify the facility and the individual and shall inform the individual of the right to request a reconsideration of the disqualification by submitting the request to the Department of Corrections.

(d) The commissioner of corrections shall review and decide reconsideration requests, including the granting of variances, in accordance with the procedures and criteria contained in chapter 245C. The commissioner's decision shall be provided to the individual and to the Department of Human Services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action.

(e) Facilities described in paragraph (a) shall be responsible for cooperating with the departments in implementing the provisions of this subdivision. The responsibilities imposed on applicants and licensees under chapters 245A and 245C shall apply to these facilities.

299C.12 RECORD KEPT BY PEACE OFFICER; REPORT.

Every peace officer shall keep or cause to be kept a permanent written record, in such form as the superintendent may prescribe, of all felonies reported to or discovered by the officer within the officer's jurisdiction and of all warrants of arrest for felonies and search warrants issued to the officer in relation to the commission of felonies, and shall make or cause to be made to the sheriff of the county and the bureau reports of all such crimes, upon such forms as the superintendent may prescribe, including a statement of the facts and a description of the offender, so far as known, the offender's method of operation, the action taken by the officer, and such other information as the superintendent may require.