HF 917

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:42am

A bill for an act
relating to human services; allowing the Department of Human Services and
a county agency direct access to Department of Corrections data for certain
background studies conducted by a county agency; amending Minnesota Statutes
2008, sections 241.065, subdivision 2; 245C.08, subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 241.065, subdivision 2, is amended to read:

Subd. 2.

Establishment.

The Department of Corrections shall administer and
maintain a computerized data system for the purpose of assisting criminal justice agencies
in monitoring and enforcing the conditions of conditional release imposed on criminal
offenders by a sentencing court or the commissioner of corrections. The adult data and
juvenile data as defined in section 260B.171 in the statewide supervision system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to public defenders as provided
in section 611.272, to all trial courts and appellate courts, new text begin to the Department of Human
Services and a county agency for background studies under section 245C.08, subdivision
2, new text end and to criminal justice agencies in other states in the conduct of their official duties.

Sec. 2.

Minnesota Statutes 2008, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care, family adult day services, and
family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clause (3), unless the commissioner received
notice of the petition for expungement and the court order for expungement is directed
specifically to the commissioner.

new text begin (d) The Department of Human Services and the county agency shall have direct
access to the Department of Correction's computerized data system under section 241.065,
subdivision 2, for background studies conducted under this subdivision.
new text end