Minnesota Legislature
HF 1078
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/12/2021 05:04pm
2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27
2.28 2.29 2.30 2.31 2.32
2.33 2.34 2.35 2.36 2.37 2.38 2.39 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 13.34 13.35 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9
19.10
19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 21.35 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 22.35 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27
25.28 25.29
25.30 25.31 25.32 25.33
26.1 26.2 26.3 26.4 26.5 26.6
26.7 26.8 26.9
26.10 26.11 26.12
26.13
26.14 26.15
26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24
26.25 26.26 26.27 26.28 27.1 27.2
27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27
27.28
27.29 27.30 27.31 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29
30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25
30.26 30.27 30.28 30.29 30.30 30.31
31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25
32.26 32.27 32.28 32.29 32.30 32.31 33.1 33.2
33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20
33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4
35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7
36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10
37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25
37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7
39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 40.1 40.2
40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23
43.24
43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13
44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6
45.7 45.8 45.9 45.10 45.11 45.12
45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19
46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15
47.16
47.17 47.18 47.19
47.20
47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14
48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29
49.1 49.2
49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18
49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25
50.26 50.27 50.28 50.29 50.30 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29
51.30
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12
53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32
57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 58.1 58.2 58.3 58.4
58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33
60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20
60.21 60.22 60.23 60.24 60.25 60.26 60.27
60.28 60.29 60.30 60.31 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9
62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16
65.17 65.18 65.19 65.20 65.21 65.22 65.23
65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33
66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11
66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19
66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28
66.29 66.30 66.31 66.32 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8
67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29
67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9
68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21
68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30
68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14
70.15 70.16
70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13
71.14
71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23
71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26
73.27
73.28 73.29 73.30
73.31
74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8
75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18
76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15
77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9
78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23
78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16
79.17 79.18
79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15
80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21
81.22
81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 81.34 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 82.34 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16
83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10
85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3
86.4 86.5
86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30
86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23
87.24 87.25
87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 89.1 89.2
89.3 89.4
89.5 89.6 89.7 89.8 89.9 89.10 89.11
89.12
89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18
90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10
93.11
93.12 93.13
93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14
95.15
95.16 95.17
95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6
96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30
97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24
97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 97.33
98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 99.1 99.2 99.3 99.4 99.5 99.6
99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26
99.27 99.28 99.29 99.30 99.31 99.32 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23
100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 100.33 101.1 101.2
101.3 101.4 101.5 101.6 101.7
101.8 101.9 101.10 101.11 101.12 101.13
101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31
103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 104.1 104.2 104.3 104.4 104.5
104.6 104.7 104.8 104.9
104.10 104.11
104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28
105.29 105.30 105.31 105.32 106.1 106.2 106.3
106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11
106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12
107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29
108.1 108.2 108.3 108.4 108.5 108.6 108.7
108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18
108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14
110.15 110.16 110.17 110.18
110.19 110.20 110.21
110.22 110.23 110.24 110.25
110.26 110.27 110.28 110.29 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13
114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29
118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20
121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3 125.4 125.5 125.6 125.7
125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9
126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 130.34 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2 132.3
132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14
133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 134.1 134.2 134.3 134.4 134.5
134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29
134.30 134.31 134.32 135.1 135.2
135.3 135.4 135.5
135.6 135.7
135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26
135.27 135.28 135.29 135.30 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17
136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30
137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9
138.10
138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22
141.23
141.24 141.25 141.26 141.27 141.28 141.29 141.30
142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8
142.9 142.10 142.11 142.12 142.13 142.14
142.15
142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28
142.29 142.30
143.1 143.2 143.3 143.4
143.5 143.6
143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16
148.17 148.18
148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29
149.1 149.2 149.3 149.4 149.5
149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24
149.25 149.26
149.27 149.28 149.29 149.30 149.31 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11
150.12 150.13
150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9
151.10 151.11 151.12 151.13 151.14 151.15 151.16
151.17 151.18
151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5
155.6
155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20
155.21 155.22
155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2
156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22
156.23 156.24
156.25 156.26 156.27 156.28 156.29 156.30 157.1 157.2 157.3 157.4
157.5 157.6
157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 158.1 158.2 158.3
158.4 158.5
158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18
158.19 158.20
158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28
158.29 158.30
159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32
160.1 160.2
160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18
160.19 160.20 160.21 160.22 160.23 160.24 160.25
160.26 160.27 160.28 160.29
160.30 160.31
161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20
161.21 161.22
161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19
162.20 162.21
162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24
163.25 163.26
163.27 163.28 163.29 163.30 163.31 163.32 163.33 164.1 164.2
164.3 164.4
164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22
164.23 164.24
164.25 164.26 164.27 164.28 164.29 164.30 164.31 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19
165.20 165.21
165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30
165.31
166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27
170.28 170.29 170.30 170.31 170.32 171.1 171.2 171.3 171.4 171.5 171.6 171.7
171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15
171.16 171.17
171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24
174.25
175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20
175.21 175.22
175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 177.1 177.2
177.3
177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26
177.27
177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 178.33 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22
179.23 179.24
179.25 179.26 179.27 179.28 179.29 179.30 179.31
179.32
180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17
180.18 180.19
180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29
183.1 183.2
183.3 183.4 183.5 183.6
183.7
183.8 183.9 183.10 183.11 183.12
183.13 183.14
183.15 183.16
183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10
184.11 184.12
184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27
184.28 184.29 184.30 184.31 184.32 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12
186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15
187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26
187.27 187.28 187.29 187.30 187.31 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9
190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30
191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 192.33 192.34 192.35
193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9
194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 195.33 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11
196.12 196.13
196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22
197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33
199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22
199.23 199.24 199.25 199.26 199.27 199.28
199.29 199.30 199.31 200.1 200.2 200.3 200.4
200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20
202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18
207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14
208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 211.1 211.2 211.3 211.4 211.5 211.6
211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28
211.29 211.30 211.31 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9
212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27
212.28 212.29 212.30 212.31 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 213.34 213.35 214.1 214.2
214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13
215.14 215.15
215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32
216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 216.33 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18
217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8
219.9 219.10 219.11
219.12 219.13 219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26
220.27 220.28 220.29 220.30 220.31 220.32 220.33 221.1 221.2 221.3 221.4 221.5 221.6 221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 221.32 221.33
222.1 222.2
222.3
222.4 222.5
222.6 222.7
222.8
222.9 222.10
222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25
222.26
222.27 222.28 222.29 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 224.1 224.2 224.3 224.4 224.5 224.6
224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24 224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 226.31 226.32 226.33 227.1 227.2 227.3 227.4 227.5 227.6 227.7 227.8
227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12
228.13 228.14
228.15 228.16 228.17 228.18
228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26
228.27 228.28 228.29 229.1 229.2
229.3 229.4 229.5 229.6
229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14
229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23
229.24 229.25 229.26 229.27 229.28
230.1 230.2 230.3 230.4 230.5 230.6
230.7 230.8 230.9 230.10 230.11 230.12
230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23
230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26
231.27 231.28 231.29 231.30 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 232.32
233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9
233.10 233.11 233.12 233.13 233.14
233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23
233.24 233.25 233.26 233.27 233.28 233.29 233.30 233.31 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25
234.26 234.27
234.28 234.29 234.30 234.31
235.1 235.2 235.3
235.4 235.5 235.6
235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26
236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30
238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13 238.14 238.15
238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28
239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 240.1 240.2 240.3 240.4 240.5
240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14
240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22
240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31
241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15
241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23
241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 242.1 242.2 242.3
242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23
242.24 242.25 242.26 242.27 242.28 242.29
242.30 242.31 242.32 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15
243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26
243.27 243.28 243.29 243.30 244.1 244.2
244.3 244.4
244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27
245.28 245.29 245.30 245.31 245.32 245.33 246.1 246.2
246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11
246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25
246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14
247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 248.1 248.2 248.3 248.4 248.5
248.6 248.7
248.8 248.9
248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 249.1 249.2 249.3 249.4
249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12
249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25
249.26 249.27 249.28 249.29 249.30 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 251.1 251.2 251.3 251.4
251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14
251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26
251.27 251.28 251.29 251.30 252.1 252.2
252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26
252.27 252.28 252.29
253.1 253.2 253.3 253.4 253.5 253.6
253.7 253.8 253.9 253.10 253.11
253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25
254.26 254.27 254.28 254.29 254.30
254.31 254.32 254.33
255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25 255.26 255.27 255.28 255.29 255.30 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10
256.11 256.12 256.13 256.14 256.15 256.16 256.17 256.18 256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30
257.31
258.1 258.2
A bill for an act
relating to public safety; modifying certain provisions of law related to public
safety; law enforcement; adult and juvenile corrections; community supervision;
rehabilitation; criminal sexual conduct; crime; sentencing; community safety;
crime victims; child protection background checks; emergency response; fire
safety; providing for task forces and working groups; providing for rulemaking;
requiring reports; providing for criminal penalties; appropriating money for public
safety, sentencing guidelines, corrections, Peace Officer Standards and Training
(POST) Board, Private Detective Board, Ombudsperson for Corrections, supreme
court, and public defense; amending Minnesota Statutes 2020, sections 13.41,
subdivision 3; 13.411, by adding a subdivision; 152.32, by adding a subdivision;
169A.55, subdivisions 2, 4; 169A.60, subdivision 13; 171.06, subdivision 3; 171.29,
subdivision 1; 171.30, subdivision 1; 171.306, subdivisions 2, 4; 214.10, subdivision
11; 241.01, subdivision 3a; 241.016; 241.021, subdivisions 1, 2a, 2b, by adding
subdivisions; 241.025, subdivisions 1, 2, 3; 243.166, subdivisions 1b, 4b; 243.48,
subdivision 1; 243.52; 244.03; 244.05, subdivisions 1b, 4, 5, by adding a
subdivision; 244.065; 244.09, subdivisions 5, 6, by adding a subdivision; 244.101,
subdivision 1; 244.19, subdivision 3; 244.195, subdivision 2; 253B.18, subdivision
5a; 253D.14, subdivisions 2, 3, by adding a subdivision; 260B.163, subdivision
1; 260B.176, subdivision 2, by adding a subdivision; 260C.007, subdivision 6;
299A.01, subdivision 2; 299A.52, subdivision 2; 299A.55; 299C.60; 299C.61,
subdivisions 2, 4, by adding subdivisions; 299C.62, subdivisions 1, 2, 3, 4, 6;
299C.63; 299C.72; 299C.80, subdivision 3; 299N.04, subdivisions 1, 2, by adding
subdivisions; 340A.504, subdivision 7; 401.025, subdivision 1; 401.06; 403.02,
subdivision 16; 403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision
1; 403.21, subdivisions 3, 12; 403.36, subdivision 1; 480A.06, subdivision 4;
609.03; 609.106, subdivision 2, by adding a subdivision; 609.1095, subdivision
1; 609.115, by adding subdivisions; 609.131, subdivision 2; 609.14, subdivision
1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 609.2325; 609.322,
subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241; 609.341, subdivisions
3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342; 609.343; 609.344; 609.345;
609.3451; 609.3455; 609.3459; 609.352, subdivision 4; 609.527, subdivision 3;
609.595, subdivisions 1a, 2; 609.605, subdivision 2; 609.66, subdivision 1e;
609.749, subdivision 3; 609A.01; 609A.02, subdivision 3, by adding a subdivision;
609A.025; 609A.03, subdivisions 5, 7, 7a, 9; 611A.03, subdivision 1; 611A.039,
subdivision 1; 611A.06, subdivision 1; 611A.51; 611A.52, subdivisions 3, 4, 5;
611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions 5, 6; 611A.60;
611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c; 624.712,
subdivision 5; 626.14; 626.5531, subdivision 1; 626.842, subdivision 2; 626.843,
subdivision 1; 626.8435; 626.845, subdivision 3; 626.8451, subdivision 1;
626.8457, subdivision 3; 626.8459; 626.8469, subdivision 1, by adding a
subdivision; 626.8473, subdivision 3; 626.8475; 626.89, subdivisions 2, 17; 626.93,
by adding a subdivision; 628.26; Laws 2016, chapter 189, article 4, section 7;
Laws 2017, chapter 95, article 1, section 11, subdivision 7; article 3, section 30;
Laws 2020, Second Special Session chapter 1, sections 9; 10; Laws 2020, Fifth
Special Session chapter 3, article 9, section 6; Laws 2020, Seventh Special Session
chapter 2, article 2, section 4; proposing coding for new law in Minnesota Statutes,
chapters 241; 243; 244; 260B; 299A; 299F; 326B; 604A; 609; 609A; 626; 641;
repealing Minnesota Statutes 2020, sections 253D.14, subdivision 4; 609.293,
subdivisions 1, 5; 609.324, subdivision 3; 609.34; 609.36; 611A.0385.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2021 new text end |
new text begin
2022 new text end |
new text begin
2023 new text end |
||||
Sec. 2. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
826,000 new text end |
new text begin
$ new text end |
new text begin
851,000 new text end |
||
new text begin
Information on Probation
new text end
new text begin
$86,000 each year is to collect, prepare,
analyze, and disseminate information about
probation practices.
new text end
Sec. 3. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
1,380,000 new text end |
new text begin
$ new text end |
new text begin
228,135,000 new text end |
new text begin
$ new text end |
new text begin
224,551,000 new text end |
|
new text begin
Appropriations by Fund new text end |
|||
|
new text begin
2021 new text end |
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General new text end |
new text begin
1,365,000 new text end |
new text begin
141,161,000 new text end |
new text begin
138,704,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
14,901,000 new text end |
new text begin
14,502,000 new text end |
|
|
new text begin
State Government Special Revenue new text end |
new text begin
103,000 new text end |
new text begin
103,000 new text end |
|
|
new text begin
Environmental new text end |
new text begin
73,000 new text end |
new text begin
73,000 new text end |
|
|
new text begin
Trunk Highway new text end |
new text begin
3,981,000 new text end |
new text begin
3,262,000 new text end |
|
|
new text begin
911 Fund new text end |
new text begin
67,897,000 new text end |
new text begin
67,888,000 new text end |
|
|
new text begin
Opioid Fund new text end |
new text begin
15,000 new text end |
new text begin
19,000 new text end |
new text begin
19,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
6,200,000 new text end |
new text begin
6,156,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
6,127,000 new text end |
new text begin
6,083,000 new text end |
|
new text begin
Environmental new text end |
new text begin
73,000 new text end |
new text begin
73,000 new text end |
new text begin
(a) Emergency Management Grants; Report
new text end
new text begin
$3,000,000 each year is for the director of the
Homeland Security and Emergency
Management Division (HSEM) to award
grants in equal amounts to emergency
management departments in the 87 counties,
11 federally recognized Tribes, and four cities
of the first class for planning and preparedness
activities, including capital purchases. This
amount is a onetime appropriation. Local
emergency management departments must
make a request to HSEM for these grants.
Current local funding for emergency
management and preparedness activities may
not be supplanted by these additional state
funds.
new text end
new text begin
By March 15, 2023, the commissioner of
public safety must submit a report on the grant
awards to the chairs and ranking minority
members of the legislative committees with
jurisdiction over emergency management and
preparedness activities. At a minimum, the
report must summarize grantee activities and
identify grant recipients.
new text end
new text begin
(b) Criminal Alert Network; Alzheimer's
and Dementia
new text end
new text begin
$200,000 the first year is for the criminal alert
network to increase membership, reduce the
registration fee, and create additional alert
categories, including at a minimum a dementia
and Alzheimer's disease specific category.
new text end
new text begin
(c) Supplemental Nonprofit Security Grants
new text end
new text begin
$225,000 each year is for supplemental
nonprofit security grants under this paragraph.
new text end
new text begin
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end
new text begin
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end
new text begin
The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. These
appropriations are onetime.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal
|
new text begin
1,261,000 new text end |
new text begin
79,918,000 new text end |
new text begin
76,968,000 new text end |
|
new text begin
Appropriations by Fund new text end |
|||
|
new text begin
General new text end |
new text begin
1,246,000 new text end |
new text begin
75,911,000 new text end |
new text begin
73,680,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
|
|
new text begin
Trunk Highway new text end |
new text begin
3,981,000 new text end |
new text begin
3,262,000 new text end |
|
|
new text begin
Opioid Fund new text end |
new text begin
15,000 new text end |
new text begin
19,000 new text end |
new text begin
19,000 new text end |
new text begin
(a)
new text end
new text begin
DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $3,981,000 the first
year and $3,262,000 the second year are from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end
new text begin
(b) Cybersecurity
new text end
new text begin
$2,955,000 the first year and $2,605,000 the
second year are for identity and access
management, critical infrastructure upgrades,
and Federal Bureau of Investigation audit
compliance. The base for this is $1,050,000
in fiscal years 2024 and 2025.
new text end
new text begin
(c) Rapid DNA Program
new text end
new text begin
$285,000 each year is from the general fund
for the Rapid DNA Program.
new text end
new text begin
(d) Responding to Civil Unrest
new text end
new text begin
$539,000 in fiscal year 2021 and $539,000 in
fiscal year 2022 is from the general fund for
costs related to responding to civil unrest. This
is a onetime appropriation.
new text end
new text begin
(e) National Guard Sexual Assault
Investigations
new text end
new text begin
$160,000 each year is for investigation of
criminal sexual conduct allegations filed
against members of the Minnesota National
Guard by another member of the Minnesota
National Guard. This appropriation is added
to the agency's base.
new text end
new text begin
(f) Predatory Offender Statutory
Framework Working Group
new text end
new text begin
$131,000 the first year is to convene,
administer, and implement the predatory
offender statutory framework working group.
new text end
new text begin
(g) Automatic Expungement
new text end
new text begin
$1,248,000 the first year is for costs associated
with providing automatic expungements.
new text end
new text begin
(h) Salary Increases; Special Agents
new text end
new text begin
$524,000 in fiscal year 2021 is appropriated
for Bureau of Criminal Apprehension special
agent salary increases. In each of fiscal years
2022 and 2023, $717,000 is appropriated for
this purpose. This amount is in addition to the
base appropriation for this purpose.
new text end
new text begin
(i) Salary Increases; Special Agents
new text end
new text begin
$15,000 in fiscal year 2021 is appropriated
from the opiate epidemic response fund for
Bureau of Criminal Apprehension special
agent salary increases. In each of fiscal years
2022 and 2023, $19,000 is appropriated from
the opiate epidemic response fund for this
purpose. This amount is in addition to the base
appropriation for this purpose.
new text end
new text begin
(j) Emergency COVID-19 Sick Leave
new text end
new text begin
$183,000 in fiscal year 2021 is for emergency
COVID-19 sick leave. This funding is
onetime.
new text end
new text begin
(k) Body Cameras
new text end
new text begin
$397,000 the first year and $205,000 the
second year are to purchase body cameras for
peace officers employed by the Bureau of
Criminal Apprehension and to maintain the
necessary hardware, software, and data.
new text end
new text begin Subd. 4. new text end
new text begin
Fire Marshal
|
new text begin
8,752,000 new text end |
new text begin
8,818,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
178,000 new text end |
new text begin
178,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
8,574,000 new text end |
new text begin
8,640,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation from this account is $8,740,000
in fiscal year 2024 and $8,640,000 in fiscal
year 2025.
new text end
new text begin
(a) Inspections
new text end
new text begin
$350,000 each year is for inspection of nursing
homes and boarding care facilities.
new text end
new text begin
(b) Hazmat and Chemical Assessment
Teams
new text end
new text begin
$950,000 the first year and $850,000 the
second year are from the fire safety account
in the special revenue fund. These amounts
must be used to fund the hazardous materials
and chemical assessment teams. Of this
amount, $100,000 the first year is for cases
for which there is no identified responsible
party. The base appropriation is $950,000 in
fiscal year 2024 and $850,000 in fiscal year
2025.
new text end
new text begin
(c) Bomb Squad Reimbursements
new text end
new text begin
$50,000 each year is from the general fund for
reimbursements to local governments for
bomb squad services.
new text end
new text begin
(d) Emergency Response Teams
new text end
new text begin
$675,000 each year is from the fire safety
account in the special revenue fund to maintain
four emergency response teams: one under the
jurisdiction of the St. Cloud Fire Department
or a similarly located fire department if
necessary; one under the jurisdiction of the
Duluth Fire Department; one under the
jurisdiction of the St. Paul Fire Department;
and one under the jurisdiction of the Moorhead
Fire Department.
new text end
new text begin Subd. 5. new text end
new text begin
Firefighter Training and Education
|
new text begin
5,792,000 new text end |
new text begin
5,792,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Special Revenue new text end |
new text begin
5,792,000 new text end |
new text begin
5,792,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
|
new text begin
(a) Firefighter Training and Education new text end |
||||||
new text begin
$4,500,000 each year is for firefighter training
and education.
new text end
new text begin
(b) Task Force 1
new text end
new text begin
$975,000 each year is for the Minnesota Task
Force 1.
new text end
new text begin
(c) Air Rescue
new text end
new text begin
$317,000 each year is for the Minnesota Air
Rescue Team.
new text end
|
new text begin
(d) Unappropriated Revenue new text end |
||||||
new text begin
Any additional unappropriated money
collected in fiscal year 2021 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin
Alcohol and
|
new text begin
119,000 new text end |
new text begin
2,648,000 new text end |
new text begin
2,598,000 new text end |
|
new text begin
Appropriations by Fund new text end |
|||
|
new text begin
General new text end |
new text begin
119,000 new text end |
new text begin
2,578,000 new text end |
new text begin
2,528,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
70,000 new text end |
new text begin
70,000 new text end |
|
new text begin
$70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end
new text begin
(a) Legal Costs
new text end
new text begin
$93,000 the first year is for legal costs
associated with Alexis Bailly Vineyard, Inc.
v. Harrington. This is a onetime appropriation.
new text end
new text begin
(b) Responding to Civil Unrest
new text end
new text begin
$86,000 in fiscal year 2021 and $71,000 in
fiscal year 2022 are from the general fund for
costs related to responding to civil unrest. This
is a onetime appropriation.
new text end
new text begin
(c) Salary Increases; Special Agents
new text end
new text begin
$33,000 in fiscal year 2021 is appropriated for
Alcohol and Gambling Enforcement Division
special agent salary increases. In each of fiscal
years 2022 and 2023, $44,000 is appropriated
for this purpose. This amount is in addition to
the base appropriation for this purpose.
new text end
new text begin
(d) Body Cameras
new text end
new text begin
$16,000 each year is to purchase body cameras
for peace officers employed by the Alcohol
and Gambling Enforcement Division and to
maintain the necessary hardware, software,
and data.
new text end
new text begin Subd. 7. new text end
new text begin
Office of Justice Programs
|
new text begin
56,463,000 new text end |
new text begin
56,331,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
56,367,000 new text end |
new text begin
56,235,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
(a) Combatting Sex Trafficking Grants
new text end
new text begin
$1,000,000 each year is for an antitrafficking
investigation coordinator and to implement
new or expand existing strategies to combat
sex trafficking.
new text end
new text begin
(b) Survivor Support and Prevention
Grants
new text end
new text begin
$6,000,000 each year is for grants to victim
survivors and to fund emerging or unmet
needs impacting victims of crime, particularly
in underserved populations. The ongoing base
for this program shall be $1,500,000 beginning
in fiscal year 2024.
new text end
new text begin
(c) Minnesota Heals Program
new text end
new text begin
$1,500,000 each year is to establish and
maintain the Minnesota Heals program. Of
this amount, $500,000 each year is for a
statewide critical incident stress management
service for first responders; $500,000 each
year is for grants for establishing and
maintaining a community healing network;
and $500,000 each year is for reimbursement
for burial costs, cultural ceremonies, and
mental health and trauma healing services for
families following an officer-involved death.
new text end
new text begin
(d) Innovation in Community Safety Grants
new text end
new text begin
$5,000,000 each year is for innovation in
community safety grants administered by the
Innovation in Community Safety Coordinator.
new text end
new text begin
(e) Youth Intervention Program Grants
new text end
new text begin
$500,000 the first year and $500,000 the
second year are for youth intervention program
grants. The base appropriation is $500,000 in
fiscal year 2024 and $500,000 in fiscal year
2025.
new text end
new text begin
(f) Racially Diverse Youth in Shelters
new text end
new text begin
$150,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. A grant recipient
shall establish and operate a pilot program to
engage in community intervention, family
reunification, aftercare, and follow up when
family members are released from shelter
services. A pilot program shall specifically
address the high number of racially diverse
youth that enter shelters in the region.
new text end
new text begin
(g) Task Force on Missing and Murdered
African American Women
new text end
new text begin
$202,000 the first year and $50,000 the second
year are to implement the task force on
missing and murdered African American
women.
new text end
new text begin
(h) Body Camera Grant Program
new text end
new text begin
$1,000,000 each year is to provide grants to
local law enforcement agencies for portable
recording systems. The executive director shall
award grants to local law enforcement
agencies for the purchase and maintenance of
portable recording systems and portable
recording system data. An applicant must
provide a 50 percent match to be eligible to
receive a grant. The executive director must
give priority to applicants that do not have a
portable recording system program. The
executive director must award at least one
grant to a law enforcement agency located
outside of the seven-county metropolitan area.
new text end
new text begin
As a condition of receiving a grant, a law
enforcement agency's portable recording
system policy required under Minnesota
Statutes, section 626.8473, subdivision 3, must
include the following provisions:
new text end
new text begin
(1) prohibit altering, erasing, or destroying
any recording made with a peace officer's
portable recording system or data and
metadata related to the recording prior to the
expiration of the applicable retention period
under Minnesota Statutes, section 13.825,
subdivision 3, except that the full, unedited,
and unredacted recording of a peace officer
using deadly force must be maintained
indefinitely;
new text end
new text begin
(2) mandate that a deceased individual's next
of kin, legal representative of the next of kin,
or other parent of the deceased individual's
children be entitled to view any and all
recordings from a peace officer's portable
recording system, redacted no more than what
is required by law, of an officer's use of deadly
force no later than 48 hours after an incident
where deadly force used by a peace officer
results in death of an individual, except that a
chief law enforcement officer may deny a
request if investigators can articulate a
compelling reason as to why allowing the
deceased individual's next of kin, legal
representative of the next of kin, or other
parent of the deceased individual's children to
review the recordings would interfere with the
agency conducting a thorough investigation.
If the chief law enforcement officer denies a
request under this provision, the agency's
policy must require the chief law enforcement
officer to issue a prompt, written denial and
provide notice to the deceased individual's
next of kin, legal representative of the next of
kin, or other parent of the deceased
individual's children that they may seek relief
from the district court;
new text end
new text begin
(3) mandate release of all recordings of an
incident where a peace officer used deadly
force and an individual dies to the deceased
individual's next of kin, legal representative
of the next of kin, and other parent of the
deceased individual's children no later than 90
days after the incident; and
new text end
new text begin
(4) mandate, whenever practicable, that an
officer operating a portable recording system
while entering a residence notify occupants
of the residence that they are being recorded.
new text end
new text begin
(i) Office of Missing and Murdered
Indigenous Relatives
new text end
new text begin
$500,000 each year is to establish and
maintain an office dedicated to reviewing,
preventing, and ending the targeting of
Indigenous people, disappearance of
Indigenous people, and deaths of Indigenous
people that occur under suspicious
circumstances through coordination with
Tribal nations, executive branch agencies and
commissions, community organizations, and
impacted communities.
new text end
new text begin
(j) Opiate Epidemic Response Grants
new text end
new text begin
$500,000 each year is for grants to
organizations selected by the Opiate Epidemic
Response Advisory Council that provide
services to address the opioid addiction and
overdose epidemic in Minnesota consistent
with the priorities in Minnesota Statutes,
section 256.042, subdivision 1, paragraph (a),
clauses (1) to (4). Grant recipients must be
located outside the seven-county metropolitan
area and in areas with disproportionately high
incidents of fentanyl overdoses.
new text end
new text begin
(k) Prosecutor and Law Enforcement
Training
new text end
new text begin
$25,000 each year is appropriated to award an
annual grant to the Minnesota County
Attorneys Association for prosecutor and law
enforcement training on increasing diversion
alternatives and using evidence-based
practices to increase public safety and decrease
racial disparities. This is a onetime
appropriation.
new text end
new text begin
(l) Study on Liability Insurance for Peace
Officers
new text end
new text begin
$100,000 in the first year is for a grant to an
organization with experience in studying
issues related to community safety and
criminal justice for a study on the effects of
requiring peace officers to carry liability
insurance.
new text end
new text begin
(m) Administration Costs
new text end
new text begin
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end
new text begin Subd. 8. new text end
new text begin
Emergency Communication Networks
|
new text begin
67,897,000 new text end |
new text begin
67,888,000 new text end |
||||
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end
new text begin
This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs shall be
incorporated into the service level agreement
and shall be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
new text end
|
new text begin
(a) Public Safety Answering Points new text end |
||||||
new text begin
$27,328,000 the first year and $28,011,000
the second year shall be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2. The base appropriation
is $28,011,000 in fiscal year 2024 and
$28,011,000 in fiscal year 2025.
new text end
|
new text begin
(b) Medical Resource Communication Centers new text end |
||||||
new text begin
$683,000 the first year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East and
Metro West Medical Resource
Communication Centers that were in operation
before January 1, 2000. This is a onetime
appropriation.
new text end
new text begin
(c) ARMER State Backbone Operating
Costs
new text end
new text begin
$9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(d) ARMER Improvements
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end
new text begin
(e) 911 Telecommunicator Working Group
new text end
new text begin
$9,000 the first year is to convene, administer,
and implement the telecommunicator working
group.
new text end
new text begin Subd. 9. new text end
new text begin
Driver and Vehicle Services
|
new text begin
465,000 new text end |
new text begin
-0- new text end |
||||
new text begin
$465,000 the first year is from the driver
services operating account in the special
revenue fund for the ignition interlock
program under Minnesota Statutes, section
171.306.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
13,046,000 new text end |
new text begin
$ new text end |
new text begin
13,046,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Peace Officer Training Reimbursements
|
||||||
new text begin
$2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
new text begin Subd. 3. new text end
new text begin
Peace Officer Training Assistance
|
||||||
new text begin
(a) Philando Castile Memorial Training
Fund
new text end
new text begin
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund." The base for this program
shall be $6,000,000 in fiscal year 2024 and $0
in fiscal year 2025.
new text end
new text begin
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualifications, including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provided; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
new text end
new text begin
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
new text end
new text begin
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
new text end
new text begin
(b) Grant Program for Public Safety Policy
and Training Consultant Costs
new text end
new text begin
$1,000,000 each year is for grants to law
enforcement agencies to provide
reimbursement for the expense of retaining a
board-approved public safety policy and
training consultant.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
282,000 new text end |
new text begin
$ new text end |
new text begin
288,000 new text end |
||
Sec. 6. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
2,384,000 new text end |
new text begin
$ new text end |
new text begin
634,883,000 new text end |
new text begin
$ new text end |
new text begin
639,916,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional
|
new text begin
2,321,000 new text end |
new text begin
463,703,000 new text end |
new text begin
469,377,000 new text end |
new text begin
(a) Healthy Start Act
new text end
new text begin
$200,000 each year is to implement the
healthy start act that shall create a release
program for pregnant women and new mothers
who are committed to the commissioner of
corrections by providing alternatives to
incarceration and improving parenting skills.
new text end
new text begin
(b) Prescription Medications
new text end
new text begin
$17,000 the first year and $20,000 the second
year are to provide a one-month supply of any
prescribed, nonnarcotic medications and a
prescription for a 30-day supply of these
medications that may be refilled twice to
inmates at the time of their release.
new text end
new text begin
(c) Emergency COVID-19 Sick Leave
new text end
new text begin
$2,321,000 in fiscal year 2021 and $2,320,000
in fiscal year 2022 are for emergency
COVID-19 sick leave.
new text end
new text begin
(d) Juvenile Review Board
new text end
new text begin
$50,000 in the second year is for
implementation of the Juvenile Review Board.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
63,000 new text end |
new text begin
140,515,000 new text end |
new text begin
139,449,000 new text end |
new text begin
(a) Oversight
new text end
new text begin
$992,000 the first year and $492,000 the
second year are to expand and improve
oversight of jails and other state and local
correctional facilities, including the addition
of four full-time corrections detention facilities
inspectors and funds for county sheriffs who
inspect municipal lockups.
new text end
new text begin
(b) Juvenile Justice
new text end
new text begin
$1,660,000 the first year and $660,000 the
second year are to develop and implement a
juvenile justice data repository and modernize
the current juvenile management system
including but not limited to technology and
staffing costs. $285,000 is added to the base
in each of fiscal years 2024 and 2025.
new text end
new text begin
(c) Community Corrections Act
new text end
new text begin
$1,220,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14. This is a onetime increase for the
biennium and requires the submission of a
report to the legislature no later than December
15, 2021, with recommendations from a
working group established to study
supervision services and funding across the
state and develop recommendations. The base
for this appropriation increase is $0 in fiscal
year 2024 and $0 in fiscal year 2025.
new text end
new text begin
The commissioner of corrections shall convene
a working group to study and report to the
legislature on the attributes and requirements
of an effective supervision system. The report
shall describe how the state and counties can
achieve an effective supervision system
together, balancing local control with state
support and collaboration. The report shall
include: a proposal for sustainable funding of
the state's community supervision delivery
systems; a plan for the potential of future
Tribal government supervision of probationers
and supervised releasees; a definition of core
or base-level supervision standards in
accordance with the state's obligation to fund
or provide supervision services which are
geographically equitable and reflect the
principles of modern correctional practice; a
recommended funding model and the
associated costs as compared to the state's
current investment in those services;
alternative funding and delivery models and
the alternative models' associated costs when
compared with the state's current investment
in those services; and mechanisms to ensure
balanced application of increases in the cost
of community supervision services.
new text end
new text begin
The working group shall at a minimum include
the following members: the commissioner of
corrections or the commissioner's designee
and four other representatives from the
Department of Corrections, five directors of
the Minnesota Association of Community
Corrections Act Counties, five directors of the
Minnesota Association of County Probation
Offices, three county commissioner
representatives from the Association of
Minnesota Counties with one from each
delivery system, three representatives of the
Minnesota Indian Affairs Council Tribal
government members, and two district court
judge representatives designated by the State
Court Administrator. The working group may
include other members and the use of a
third-party organization to provide process
facilitation, statewide stakeholder engagement,
data analysis, programming and supervision
assessments, and technical assistance through
implementation of the adopted report
recommendations.
new text end
new text begin
The report shall be submitted to the chairs and
ranking minority members of the house of
representatives Public Safety Committee and
the senate Judiciary and Finance Committees
no later than December 15, 2021.
new text end
new text begin
(d) County Probation Officer
Reimbursement
new text end
new text begin
$101,000 each year is for county probation
officers reimbursement, as described in
Minnesota Statutes, section 244.19,
subdivision 6. This is a onetime increase for
the biennium and requires the submission of
a report to the legislature no later than
December 15, 2021, with recommendations
from a working group established to study
supervision services and funding across the
state and develop recommendations. The base
for this appropriations increase is $0 in fiscal
year 2024 and $0 in fiscal year 2025.
new text end
new text begin
(e) Probation Supervision Services
new text end
new text begin
$1,170,000 each year is for probation
supervision services provided by the
Department of Corrections in Meeker, Mille
Lacs, and Renville Counties as described in
Minnesota Statutes, section 244.19,
subdivision 1. The commissioner of
corrections shall bill Meeker, Mille Lacs, and
Renville Counties for the total cost of and
expenses incurred for probation services on
behalf of each county, as described in
Minnesota Statutes, section 244.19,
subdivision 5, and all reimbursements shall
be deposited in the general fund.
new text end
new text begin
(f) Task Force on Aiding and Abetting
Felony Murder
new text end
new text begin
$25,000 the first year is to implement the task
force on aiding and abetting felony murder.
new text end
new text begin
(g) Alternatives to Incarceration
new text end
new text begin
$320,000 each year is for funding to Anoka
County, Crow Wing County, and Wright
County to facilitate access to community
treatment options under the alternatives to
incarceration program.
new text end
new text begin
(h) Task Force on Presentence Investigation
Reports
new text end
new text begin
$15,000 the first year is to implement the task
force on the contents and use of presentence
investigation reports and imposition of
conditions of probation.
new text end
new text begin
(i) Juvenile Justice Report
new text end
new text begin
$55,000 the first year and $9,000 the second
year are for reporting on extended jurisdiction
juveniles.
new text end
new text begin
(j) Postrelease Employment for Inmates
Grant; Request for Proposals
new text end
new text begin
$300,000 the first year is for a grant to a
nongovernmental organization to provide
curriculum and corporate mentors to inmates
and assist inmates in finding meaningful
employment upon release from a correctional
facility. By September 1, 2021, the
commissioner of corrections must issue a
request for proposals. By December 1, 2021,
the commissioner shall award a $300,000 grant
to the applicant that is best qualified to provide
the programming described in this paragraph.
new text end
new text begin
(k) Homelessness Mitigation Plan
new text end
new text begin
$12,000 the first year is to develop and
implement a homelessness mitigation plan for
individuals released from prison.
new text end
new text begin
(l) Identifying Documents
new text end
new text begin
$23,000 the first year and $28,000 the second
year are to assist inmates in obtaining a copy
of their birth certificates and provide
appropriate Department of Corrections
identification cards to individuals released
from prison.
new text end
new text begin
(m) Salary Increases; Fugitive Specialists
new text end
new text begin
$63,000 in fiscal year 2021 is for fugitive
specialist salary increases. In each of fiscal
years 2022 and 2023, $93,000 is appropriated
for this purpose. This amount is in addition to
the base appropriation for this purpose.
new text end
new text begin Subd. 4. new text end
new text begin
Operations Support
|
new text begin
30,665,000 new text end |
new text begin
31,090,000 new text end |
||||
new text begin
(a) Technology
new text end
new text begin
$1,566,000 the first year and $1,621,000 the
second year are to increase support for
ongoing technology needs.
new text end
new text begin
(b) Correctional Facilities Security Audit
Group
new text end
new text begin
$54,000 the first year and $81,000 the second
year are for the correctional facilities security
audit group to prepare security audit standards,
conduct security audits, and prepare required
reports.
new text end
new text begin
(c) Indeterminate Sentence Release Board
new text end
new text begin
$40,000 in each fiscal year is to establish the
Indeterminate Sentence Release Board (ISRB)
to review eligible cases and make decisions
for persons serving indeterminate sentences
under the authority of the commissioner of
corrections. The ISRB shall consist of five
members including four persons appointed by
the governor from two recommendations of
each of the majority and minority leaders of
the house of representatives and the senate,
and the commissioner of corrections who shall
serve as chair.
new text end
Sec. 7. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
659,000 new text end |
new text begin
$ new text end |
new text begin
663,000 new text end |
||
Sec. 8. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
545,000 new text end |
new text begin
$ new text end |
new text begin
545,000 new text end |
||
new text begin
$545,000 each year is for temporary caseload
increases resulting from changes to the laws
governing expungement of criminal records.
new text end
Sec. 9. new text begin PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
25,000 new text end |
new text begin
$ new text end |
new text begin
25,000 new text end |
||
new text begin
$25,000 each year is for public defender
training on increasing diversion alternatives
and using evidence-based practices to increase
public safety and decrease racial disparities.
This is a onetime appropriation.
new text end
Sec. 10. new text begin TRANSFERS.
new text end
new text begin
$6,265,000 in fiscal year 2022 is transferred from the MINNCOR fund to the general
fund.
new text end
Sec. 11. new text begin CANCELLATION; FISCAL YEAR 2021.
new text end
new text begin
$345,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First
Special Session chapter 5, article 1, section 12, subdivision 1, is canceled.
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
ARTICLE 2
POLICING
Section 1.
Minnesota Statutes 2020, section 13.41, subdivision 3, is amended to read:
Subd. 3.
Board of Peace Officer Standards and Training.
The following government
data of the Board of Peace Officer Standards and Training are private data:
deleted text begin (1)deleted text end new text begin personal phone numbers, and new text end homenew text begin and e-mailnew text end addresses of licensees and applicants
for licensesdeleted text begin ; and
deleted text end
deleted text begin (2) data that identify the government entity that employs a licensed peace officerdeleted text end .
The board may disseminate private data on applicants and licensees as is necessary to
administer law enforcement licensure or to provide data under section 626.845, subdivision
1, to law enforcement agencies who are conducting employment background investigations.
Sec. 2.
Minnesota Statutes 2020, section 13.411, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Peace officer database. new text end
new text begin
Section 626.8457, subdivision 3, governs data sharing
between law enforcement agencies and the Peace Officer Standards and Training Board for
purposes of administering the peace officer database required by section 626.845, subdivision
3.
new text end
Sec. 3.
Minnesota Statutes 2020, section 214.10, subdivision 11, is amended to read:
Subd. 11.
Board of Peace Officers Standards and Training; reasonable grounds
determination.
(a) After the investigation is complete, the executive director shall convene
new text begin at least new text end a deleted text begin three-memberdeleted text end new text begin four-member new text end committee of the board to determine if the complaint
constitutes reasonable grounds to believe that a violation within the board's enforcement
jurisdiction has occurred. new text begin In conformance with section 626.843, subdivision 1b, new text end at least deleted text begin twodeleted text end new text begin
threenew text end members of the committee must be new text begin voting new text end board members who are peace officersnew text begin and
one member of the committee must be a voting board member appointed from the general
publicnew text end . No later than 30 days before the committee meets, the executive director shall give
the licensee who is the subject of the complaint and the complainant written notice of the
meeting. The executive director shall also give the licensee a copy of the complaint. Before
making its determination, the committee shall give the complaining party and the licensee
who is the subject of the complaint a reasonable opportunity to be heard.
(b) The committee shall, by majority vote, after considering the information supplied
by the investigating agency and any additional information supplied by the complainant or
the licensee who is the subject of the complaint, take one of the following actions:
(1) find that reasonable grounds exist to believe that a violation within the board's
enforcement jurisdiction has occurred and order that an administrative hearing be held;
(2) decide that no further action is warranted; or
(3) continue the matter.
The executive director shall promptly give notice of the committee's action to the
complainant and the licensee.
(c) If the committee determines that a complaint does not relate to matters within its
enforcement jurisdiction but does relate to matters within another state or local agency's
enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2020, section 244.09, subdivision 6, is amended to read:
Subd. 6.
Clearinghouse and information center.
The commission, in addition to
establishing Sentencing Guidelines, shall serve as a clearinghouse and information center
for the collection, preparation, analysis and dissemination of information on state and local
sentencing new text begin and probation new text end practices, and shall conduct ongoing research regarding Sentencing
Guidelines, use of imprisonment and alternatives to imprisonment, new text begin probation terms,
conditions of probation, probation revocations, new text end plea bargaining, new text begin recidivism, new text end and other matters
relating to the improvement of the criminal justice system. The commission shall from time
to time make recommendations to the legislature regarding changes in the Criminal Code,
criminal procedures, and other aspects of sentencingnew text begin and probationnew text end .
This information shall include information regarding the impact of statutory changes to
the state's criminal laws related to controlled substances, including those changes enacted
by the legislature in Laws 2016, chapter 160.
Sec. 5.
Minnesota Statutes 2020, section 626.14, is amended to read:
626.14 TIMEnew text begin AND MANNERnew text end OF SERVICEnew text begin ; NO-KNOCK SEARCH WARRANTSnew text end .
new text begin Subdivision 1. new text end
new text begin Time. new text end
A search warrant may be served only between the hours of 7:00
a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits
that a nighttime search outside those hours is necessary to prevent the loss, destruction, or
removal of the objects of the search or to protect the searchers or the public. The search
warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m.
unless a nighttime search outside those hours is authorized.
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "no-knock search warrant" means
a search warrant authorizing peace officers to enter certain premises without first knocking
and announcing the officer's presence or purpose prior to entering the premises. No-knock
search warrants may also be referred to as dynamic entry warrants.
new text end
new text begin Subd. 3. new text end
new text begin Requirements for a no-knock search warrant. new text end
new text begin
No peace officer shall seek
a no-knock search warrant unless the warrant application includes at a minimum:
new text end
new text begin
(1) all documentation and materials the issuing court requires; and
new text end
new text begin
(2) a sworn affidavit as provided in section 626.08.
new text end
new text begin Subd. 4. new text end
new text begin Warrant application form. new text end
new text begin
(a) A law enforcement agency shall develop a
warrant application form. A completed warrant application form shall accompany every
request for a no-knock search warrant.
new text end
new text begin
(b) The warrant application form must be completed, signed, and dated by the peace
officer seeking the no-knock search warrant.
new text end
new text begin
(c) Each warrant application must explain, in detailed terms, the following:
new text end
new text begin
(1) why peace officers are unable to detain the suspect or search the residence using less
invasive means or methods;
new text end
new text begin
(2) what investigative activities have taken place to support issuance of the no-knock
search warrant, or why no investigative activity is needed; and
new text end
new text begin
(3) whether the warrant can be effectively executed during daylight hours according to
subdivision 1.
new text end
new text begin
(d) The chief law enforcement officer or designee and the supervising officer must
review each warrant application form. If the chief law enforcement officer or designee or
commanding officer is unavailable, the direct superior officer shall review the materials.
new text end
new text begin
(e) The warrant application form shall contain a certification of review section. The form
shall provide that, by executing the certification, the individual signing the form has reviewed
its contents and approves the request for a no-knock search warrant. The chief law
enforcement officer or designee and the commanding officer, or the direct superior officer,
must each sign, date, and indicate the time of the certification.
new text end
new text begin
(f) Under no circumstance shall a no-knock search warrant be issued when the only
crime alleged is drug possession.
new text end
new text begin Subd. 5. new text end
new text begin Reporting requirements regarding no-knock search warrants. new text end
new text begin
(a) Law
enforcement agencies shall report to the commissioner of public safety regarding the use
of no-knock search warrants. An agency must report the use of a no-knock search warrant
to the commissioner no later than three months after the date the warrant was issued. The
report shall include the following information:
new text end
new text begin
(1) the number of no-knock search warrants requested;
new text end
new text begin
(2) the number of no-knock search warrants the court issued;
new text end
new text begin
(3) the number of no-knock search warrants executed; and
new text end
new text begin
(4) the number of injuries and fatalities suffered, if any, by peace officers and by civilians
in the execution of no-knock search warrants.
new text end
new text begin
(b) The commissioner of public safety shall report the information provided under
paragraph (a) annually to the chairs and ranking minority members of the legislative
committees with jurisdiction over public safety.
new text end
Sec. 6.
Minnesota Statutes 2020, section 626.5531, subdivision 1, is amended to read:
Subdivision 1.
Reports required.
A peace officer must report to the head of the officer's
department every violation of chapter 609 or a local criminal ordinance if the officer has
reason to believe, or if the victim alleges, that the offender was motivated to commit the
act deleted text begin bydeleted text end new text begin in whole or in part because ofnew text end the victim's new text begin actual or perceived new text end race, new text begin color, ethnicity,
new text end religion, deleted text begin national origin,deleted text end sex, new text begin gender, sexual orientation, gender identity, gender expression,
new text end age, new text begin national origin, or new text end disabilitynew text begin as defined in section 363A.03new text end , or deleted text begin characteristics identified
as sexual orientationdeleted text end new text begin because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03new text end . The superintendent of the Bureau of Criminal Apprehension
shall adopt a reporting form to be used by law enforcement agencies in making the reports
required under this section. The reports must include for each incident all of the following:
(1) the date of the offense;
(2) the location of the offense;
(3) whether the target of the incident is a person, private property, or public property;
(4) the crime committed;
(5) the type of bias and information about the offender and the victim that is relevant to
that bias;
(6) any organized group involved in the incident;
(7) the disposition of the case;
(8) whether the determination that the offense was motivated by bias was based on the
officer's reasonable belief or on the victim's allegation; and
(9) any additional information the superintendent deems necessary for the acquisition
of accurate and relevant data.
Sec. 7.
Minnesota Statutes 2020, section 626.842, subdivision 2, is amended to read:
Subd. 2.
Terms, compensation, removal, filling of vacancies.
The membership terms,
compensation, removal of members and the filling of vacancies for members appointed
pursuant to section 626.841deleted text begin , clauses (1), (2), (4), and (5) on the boarddeleted text end ; the provision of staff,
administrative services and office space; the review and processing of complaints; the setting
of fees; and other matters relating to board operations shall be as provided in chapter 214.
Sec. 8.
Minnesota Statutes 2020, section 626.8435, is amended to read:
626.8435 deleted text begin ENSURING POLICE EXCELLENCE AND IMPROVING COMMUNITY
RELATIONS ADVISORYdeleted text end new text begin PEACE OFFICER STANDARDS AND TRAINING
BOARD CITIZEN'Snew text end COUNCIL.
Subdivision 1.
Establishment and membership.
The deleted text begin Ensuring Police Excellence and
Improving Community Relations Advisorydeleted text end new text begin Peace Officer Standards and Training Board
Citizen'snew text end Council is established under the Peace Officer Standards and Training Board. The
council consists of the following 15 members:
(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
(2) the executive director of the Peace Officer Standards and Training Board, or a
designee;
(3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
(4) the executive director of the Minnesota Sheriffs' Association, or a designee;
(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
(6) six community members, of which:
(i) four members shall represent the community-specific boards established under deleted text begin section
257.0768deleted text end new text begin sections 15.0145 and 3.922new text end , reflecting one appointment made by each board;
(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
chapter of the National Alliance on Mental Illness; and
(iii) one member shall be an advocate for victims and shall be appointed by Violence
Free Minnesota; and
(7) four members appointed by the legislature, of which one shall be appointed by the
speaker of the house, one by the house minority leader, one by the senate majority leader,
and one by the senate minority leader.
The appointing authorities shall make their appointments by September 15, 2020, and
shall ensure geographical balance when making appointments.
Subd. 2.
Purpose and duties.
(a) The purpose of the council is to assist the board in
maintaining policies and regulating peace officers in a manner that ensures the protection
of civil and human rights. The council shall provide for citizen involvement in policing
policies, regulations, and supervision. The council shall advance policies and reforms that
promote positive interactions between peace officers and the community.
(b) The board chair must place the council's recommendations to the board on the board's
agenda within four months of receiving a recommendation from the council.
Subd. 3.
Organization.
The council shall be organized and administered under section
15.059, except that the council does not expire. Council members serve at the pleasure of
the appointing authority. The council shall select a chairperson from among the members
by majority vote at its first meeting. The executive director of the board shall serve as the
council's executive secretary.
Subd. 4.
Meetings.
The council must meet at least quarterly. Meetings of the council
are governed by chapter 13D. The executive director of the Peace Officer Standards and
Training Board shall convene the council's first meeting, which must occur by October 15,
2020.
Subd. 5.
Office support.
The executive director of the Peace Officer Standards and
Training Board shall provide the council with the necessary office space, supplies, equipment,
and clerical support to effectively perform the duties imposed.
Subd. 6.
Reports.
The council shall submit a report by February 15 of each year to the
chairs and ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice policy and the board. At a minimum,
the report shall include:
(1) all recommendations presented to the board and how the board acted on those
recommendations;
(2) recommendations for statutory reform or legislative initiatives intended to promote
police-community relations; and
(3) updates on the council's review and determinations.
Sec. 9.
Minnesota Statutes 2020, section 626.845, subdivision 3, is amended to read:
Subd. 3.
Peace officer data.
The board, in consultation with the Minnesota Chiefs of
Police Association, Minnesota Sheriffs' Association, and Minnesota Police and Peace
Officers Association, shall create a central repository for peace officer data deleted text begin designated as
public data under chapter 13deleted text end . The database shall be designed to receive, in real time, the
deleted text begin publicdeleted text end data required to be submitted to the board by law enforcement agencies in section
626.8457, subdivision 3, paragraph (b). To ensure the anonymity of individuals, the database
must use encrypted data to track information transmitted on individual peace officers.
Sec. 10.
Minnesota Statutes 2020, section 626.8451, subdivision 1, is amended to read:
Subdivision 1.
Training course; crimes motivated by bias.
new text begin (a) new text end The board must deleted text begin prepare
adeleted text end new text begin approve a list ofnew text end training deleted text begin coursedeleted text end new text begin coursesnew text end to assist peace officers in identifying deleted text begin anddeleted text end new text begin ,new text end
responding tonew text begin , and reportingnew text end crimes motivated deleted text begin bydeleted text end new text begin in whole or in part because ofnew text end the victim's
new text begin or another's actual or perceived new text end race, new text begin color, ethnicity, new text end religion, deleted text begin national origin,deleted text end sex, new text begin gender,
sexual orientation, gender identity, gender expression, new text end age, new text begin national origin, or new text end disabilitynew text begin as
defined in section 363A.03new text end , or deleted text begin characteristics identified as sexual orientationdeleted text end new text begin because of
the victim's actual or perceived association with another person or group of a certain actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03new text end . The
course must include material to help officers distinguish bias crimes from other crimes, to
help officers in understanding and assisting victims of these crimes, and to ensure that bias
crimes will be accurately reported as required under section 626.5531. The deleted text begin course must be
updated periodicallydeleted text end new text begin board must review the approved courses every three years and update
the list of approved courses new text end as the boardnew text begin , in consultation with the commissioner of human
rights,new text end considers appropriate.
new text begin
(b) In updating the list of approved training courses described in paragraph (a), the board
must consult and secure approval from the commissioner of human rights.
new text end
Sec. 11.
Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:
Subd. 3.
Report on alleged misconduct; database; report.
(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.
(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public new text begin data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, new text end and submitted using encrypted data that the board determines is necessary to:
(1) evaluate the effectiveness of statutorily required training;
(2) assist the deleted text begin Ensuring Police Excellence and Improving Community Relations Advisorydeleted text end new text begin
Peace Officer Standards and Training Board Citizen'snew text end Council in accomplishing the council's
duties; and
(3) allow for the board, the deleted text begin Ensuring Police Excellence and Improving Community
Relations Advisorydeleted text end new text begin Peace Officer Standards and Training Board Citizen'snew text end Council, and the
board's complaint investigation committee to identify patterns of behavior that suggest an
officer is in crisis or is likely to violate a board-mandated model policy.
(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.
(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.
(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.
new text begin
(f) For purposes of identifying potential patterns and trends in police misconduct and
determining training needs and the purpose of the database outlined in paragraph (b), the
board shall adopt rules including but not limited to:
new text end
new text begin
(1) creating detailed classifications of peace officer complaints and discipline by conduct
type and severity for formal signed complaints;
new text end
new text begin
(2) establishing definitions for the following terms, including but not limited to formal
complaint, discipline action, coaching, and retraining; and
new text end
new text begin
(3) directing annual reporting by each chief law enforcement officer of the number and
types of complaints:
new text end
new text begin
(i) received by the law enforcement agency, including but not limited to complaints
involving chief law enforcement officers;
new text end
new text begin
(ii) initiated by action of the agency and resulting in investigation;
new text end
new text begin
(iii) resulting in formal discipline, including but not limited to verbal and written
reprimand, suspension, or demotion, excluding termination;
new text end
new text begin
(iv) resulting in termination;
new text end
new text begin
(v) that are formal and result in coaching or retraining; and
new text end
new text begin
(vi) for each officer in the agency's employ, and whether the complaint and investigation
resulted in final discipline.
new text end
Sec. 12.
Minnesota Statutes 2020, section 626.8459, is amended to read:
626.8459 POST BOARD; COMPLIANCE REVIEWS REQUIRED.
new text begin Subdivision 1. new text end
new text begin Annual reviews; scope. new text end
deleted text begin (a)deleted text end Each year, the board shall conduct compliance
reviews on all state and local law enforcement agencies. The compliance reviews must
ensure that the agencies are complying with all requirements imposed on them by statute
and rule. new text begin The board shall update its procedures governing compliance reviews to update,
among other items, its assessment of the following data points, and evaluation of the policies
and practices that contribute to the following:
new text end
new text begin
(1) the effectiveness of required in-service training and adherence to model policies
which are to include an assessment and self-response survey where subjects explain the
state of the following:
new text end
new text begin
(i) the number of use of force incidents per office and officers;
new text end
new text begin
(ii) the rate of arrests and stops involving minorities compared to that of their white
counterparts within the same jurisdiction, if data is available;
new text end
new text begin
(iii) the number of emergency holds requested by officers; and
new text end
new text begin
(iv) other categorical metrics as deemed necessary by the board;
new text end
new text begin
(2) the agency's investigations of complaints the board refers to the agency pursuant to
section 214.10, subdivision 10, and how the chief law enforcement officer holds officers
accountable for violations of statutory requirements imposed on peace officers, applicable
standards of conduct, board-mandated model policies, and agency-established policies; and
new text end
new text begin
(3) the on and off duty conduct of officers employed by the agency to determine if the
officers' conduct is adversely affecting public respect and trust of law enforcement.
new text end
new text begin Subd. 2. new text end
new text begin Discovery; subpoenas. new text end
new text begin
For the purpose of compliance reviews under this
section, the board or director may exercise the discovery and subpoena authority granted
to the board under section 214.10, subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Reports required. new text end
The board shall include in the reports to the legislature
required in section 626.843, subdivision 4, detailed information on the compliance reviews
conducted under this section. At a minimum, the reports must specify each requirement
imposed by statute and rule on law enforcement agencies, the compliance rate of each
agency, new text begin a summary of the investigation of matters listed in subdivision 1, clause (1), items
(i) to (iv), new text end and the action taken by the board, if any, against an agency not in compliance.
new text begin Subd. 4. new text end
new text begin Licensing sanctions authorized. new text end
deleted text begin (b)deleted text end The board may impose licensing sanctions
and seek injunctive relief under section 214.11 for an agency's failure to comply with a
requirement imposed on it in statute or rule.
Sec. 13.
Minnesota Statutes 2020, section 626.8469, subdivision 1, is amended to read:
Subdivision 1.
In-service training required.
(a) Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
deleted text begin anddeleted text end recognizing and valuing community diversity and cultural differences to include implicit
bias trainingnew text begin ; and training to assist peace officers in identifying, responding to, and reporting
crimes committed in whole or in part because of the victim's actual or perceived race,
religion, national origin, sex, age, disability, or characteristics identified as sexual orientationnew text end
to every peace officer and part-time peace officer employed by the agency. The training
shall comply with learning objectives developed and approved by the board and shall meet
board requirements for board-approved continuing education credit. new text begin Every three years the
board shall review the learning objectives and must consult and collaborate with the
commissioner of human rights in identifying appropriate objectives and training courses
related to identifying, responding to, and reporting crimes committed in whole or in part
because of the victim's or another's actual or perceived race, color, ethnicity, religion,
national origin, sex, gender, sexual orientation, gender identity, gender expression, age,
national origin, or disability as defined in section 363A.03, or characteristics identified as
sexual orientation because of the victim's actual or perceived association with another person
or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or disability as defined
in section 363A.03. new text end The training shall consist of at least 16 continuing education credits
within an officer's three-year licensing cycle. Each peace officer with a license renewal date
after June 30, 2018, is not required to complete this training until the officer's next full
three-year licensing cycle.
(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided
by an approved entity. The board shall create a list of approved entities and training courses
and make the list available to the chief law enforcement officer of every state and local law
enforcement agency. Each peace officer (1) with a license renewal date before June 30,
2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021,
is not required to receive this training by an approved entity until the officer's next full
three-year licensing cycle.
(c) For every peace officer and part-time peace officer with a license renewal date of
June 30, 2022, or later, the training mandated under paragraph (a) must:
(1) include a minimum of six hours for crisis intervention and mental illness crisis
training that meets the standards established in subdivision 1a; and
(2) include a minimum of four hours to ensure safer interactions between peace officers
and persons with autism in compliance with section 626.8474.
Sec. 14.
Minnesota Statutes 2020, section 626.8469, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin
Crisis intervention and mental illness crisis training; dementia and
Alzheimer's.
new text end
new text begin
The board, in consultation with stakeholders, including but not limited to the
Minnesota Crisis Intervention Team and the Alzheimer's Association, shall create a list of
approved entities and training courses primarily focused on issues associated with persons
with dementia and Alzheimer's disease. To receive the board's approval, a training course
must:
new text end
new text begin
(1) have trainers with at least two years of direct care of a person with Alzheimer's
disease or dementia, crisis intervention training, and mental health experience;
new text end
new text begin
(2) cover techniques for responding to and issues associated with persons with dementia
and Alzheimer's disease, including at a minimum wandering, driving, abuse, and neglect;
and
new text end
new text begin
(3) meet the crisis intervention and mental illness crisis training standards established
in subdivision 1a.
new text end
Sec. 15.
Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:
Subd. 3.
Written policies and procedures required.
(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate the following:
(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable lawnew text begin . The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited and unredacted recording
of a peace officer using deadly force must be maintained indefinitelynew text end ;
(2)new text begin mandate that a deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children be entitled to view any and all
recordings from a peace officer's portable recording system, redacted no more than what is
required by law, of an officer's use of deadly force no later than 48 hours after an incident
where deadly force used by a peace officer results in death of an individual, except that a
chief law enforcement officer may deny a request if investigators can articulate a compelling
reason as to why allowing the deceased individual's next of kin, legal representative of the
next of kin, or other parent of the deceased individual's children to review the recordings
would interfere with the agency conducting a thorough investigation. If the chief law
enforcement officer denies a request under this provision, the agency's policy must require
the chief law enforcement officer to issue a prompt, written denial and provide notice to
the deceased individual's next of kin, legal representative of the next of kin, or other parent
of the deceased individual's children that they may seek relief from the district court;
new text end
new text begin
(3) mandate release of all recordings of an incident where a peace officer used deadly
force and an individual dies to the deceased individual's next of kin, legal representative of
the next of kin, and other parent of the deceased individual's children no later than 90 days
after the incident;
new text end
new text begin (4)new text end procedures for testing the portable recording system to ensure adequate functioning;
deleted text begin (3)deleted text end new text begin (5)new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;
deleted text begin (4)deleted text end new text begin (6)new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;
deleted text begin (5)deleted text end new text begin (7)new text end circumstances under which a data subject must be given notice of a recording;
deleted text begin (6)deleted text end new text begin (8)new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;
deleted text begin (7)deleted text end new text begin (9)new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and
deleted text begin (8)deleted text end new text begin (10)new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.
Sec. 16.
Minnesota Statutes 2020, section 626.8475, is amended to read:
626.8475 DUTY TO INTERCEDE AND REPORT.
(a) Regardless of tenure or rank, a peace officer must intercede when:
(1) present and observing another peace officer using force in violation of section 609.066,
subdivision 2, or otherwise beyond that which is objectively reasonable under the
circumstances; and
(2) physically or verbally able to do so.
(b) A peace officer who observes another employee or peace officer use force that
exceeds the degree of force permitted by law has the duty to report the incident in writing
within 24 hours to the chief law enforcement officer of the agency that employs the reporting
peace officer.new text begin A chief law enforcement officer who receives a report under this section must
report the incident to the board on the form adopted by the board pursuant to paragraph (d).
new text end
(c) A peace officer who breaches a duty established in this subdivision is subject to
discipline by the board under Minnesota Rules, part 6700.1600.
new text begin
(d) The board shall adopt a reporting form to be used by law enforcement agencies in
making the reports required under this section. The reports must include for each incident
all of the following:
new text end
new text begin
(1) the name of the officer accused of using excessive force;
new text end
new text begin
(2) the date of the incident;
new text end
new text begin
(3) the location of the incident;
new text end
new text begin
(4) the name of the person who was subjected to excessive force, if known; and
new text end
new text begin
(5) a description of the force used in the incident.
new text end
new text begin
Reports received by the board are licensing data governed by section 13.41.
new text end
new text begin
(e) A peace officer who breaches a duty established in this section is subject to discipline
by the board under Minnesota Rules, part 6700.1600.
new text end
Sec. 17.
new text begin
[626.8476] CONFIDENTIAL INFORMANTS; REQUIRED POLICY AND
TRAINING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Confidential informant" means a person who cooperates with a law enforcement
agency confidentially in order to protect the person or the agency's intelligence gathering
or investigative efforts and:
new text end
new text begin
(1) seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in
which a sentence will be or has been imposed, or receive a monetary or other benefit; and
new text end
new text begin
(2) is able, by reason of the person's familiarity or close association with suspected
criminals, to:
new text end
new text begin
(i) make a controlled buy or controlled sale of contraband, controlled substances, or
other items that are material to a criminal investigation;
new text end
new text begin
(ii) supply regular or constant information about suspected or actual criminal activities
to a law enforcement agency; or
new text end
new text begin
(iii) otherwise provide information important to ongoing criminal intelligence gathering
or criminal investigative efforts.
new text end
new text begin
(c) "Controlled buy" means the purchase of contraband, controlled substances, or other
items that are material to a criminal investigation from a target offender that is initiated,
managed, overseen, or participated in by law enforcement personnel with the knowledge
of a confidential informant.
new text end
new text begin
(d) "Controlled sale" means the sale of contraband, controlled substances, or other items
that are material to a criminal investigation to a target offender that is initiated, managed,
overseen, or participated in by law enforcement personnel with the knowledge of a
confidential informant.
new text end
new text begin
(e) "Mental harm" means a psychological injury that is not necessarily permanent but
results in visibly demonstrable manifestations of a disorder of thought or mood that impairs
a person's judgment or behavior.
new text end
new text begin
(f) "Target offender" means the person suspected by law enforcement personnel to be
implicated in criminal acts by the activities of a confidential informant.
new text end
new text begin Subd. 2. new text end
new text begin Model policy. new text end
new text begin
(a) By January 1, 2022, the board shall adopt a model policy
addressing the use of confidential informants by law enforcement. The model policy must
establish policies and procedures for the recruitment, control, and use of confidential
informants. In developing the policy, the board shall consult with representatives of the
Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriff's
Association, Minnesota Police and Peace Officers Association, Minnesota County Attorneys
Association, treatment centers for substance abuse, and mental health organizations. The
model policy must include, at a minimum, the following:
new text end
new text begin
(1) information that the law enforcement agency shall maintain about each confidential
informant that must include, at a minimum, an emergency contact for the informant in the
event of the informant's physical or mental harm or death;
new text end
new text begin
(2) a process to advise a confidential informant of conditions, restrictions, and procedures
associated with participating in the agency's investigative or intelligence gathering activities;
new text end
new text begin
(3) procedures for compensation to an informant that is commensurate with the value
of the services and information provided and based on the level of the targeted offender,
the amount of any seizure, and the significance of contributions made by the informant;
new text end
new text begin
(4) designated supervisory or command-level review and oversight in the use of a
confidential informant;
new text end
new text begin
(5) consultation with the informant's probation, parole, or supervised release agent, if
any;
new text end
new text begin
(6) limits or restrictions on off-duty association or social relationships by law enforcement
agency personnel with a confidential informant;
new text end
new text begin
(7) limits or restrictions on the potential exclusion of an informant from engaging in a
controlled buy or sale of a controlled substance if the informant is known by the law
enforcement agency to: (i) be receiving in-patient or out-patient treatment administered by
a licensed service provider for substance abuse; (ii) be participating in a treatment-based
drug court program; or (iii) have experienced a drug overdose within the past year;
new text end
new text begin
(8) exclusion of an informant under the age of 18 years from participating in a controlled
buy or sale of a controlled substance without the written consent of a parent or legal guardian,
except that the informant may provide confidential information to a law enforcement agency;
new text end
new text begin
(9) consideration of an informant's diagnosis of mental illness, substance abuse, or
disability, and history of mental illness, substance abuse, or disability;
new text end
new text begin
(10) guidelines for the law enforcement agency to consider if the agency decides to
establish a procedure to request an advocate from the county social services agency for an
informant if the informant is an addict in recovery or possesses a physical or mental infirmity
or other physical, mental, or emotional dysfunction that impairs the informant's ability to
understand instructions and make informed decisions, where the agency determines this
process does not place the informant in any danger;
new text end
new text begin
(11) guidelines for the law enforcement agency to use to encourage prospective and
current confidential informants who are known to be substance abusers or to be at risk for
substance abuse to seek prevention or treatment services;
new text end
new text begin
(12) reasonable protective measures for a confidential informant when law enforcement
knows or should have known of a risk or threat of harm to a person serving as a confidential
informant and the risk or threat of harm is a result of the informant's service to the law
enforcement agency;
new text end
new text begin
(13) guidelines for the training and briefing of a confidential informant;
new text end
new text begin
(14) reasonable procedures to help protect the identity of a confidential informant during
the time the person is acting as an informant;
new text end
new text begin
(15) procedures to deactivate a confidential informant that maintain the safety and
anonymity of the informant;
new text end
new text begin
(16) optional procedures that the law enforcement agency may adopt relating to
deactivated confidential informants to offer and provide assistance to them with physical,
mental, or emotional health services;
new text end
new text begin
(17) a process to evaluate and report the criminal history and propensity for violence of
any target offenders; and
new text end
new text begin
(18) guidelines for a written agreement between the confidential informant and the law
enforcement agency that take into consideration, at a minimum, an informant's physical or
mental infirmity or other physical, mental, or emotional dysfunction that impairs the
informant's ability to knowingly contract or otherwise protect the informant's self-interest.
new text end
new text begin
(b) The board shall annually review and, as necessary, revise the model confidential
informant policy in collaboration with representatives from the organizations listed under
paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin Agency policies required. new text end
new text begin
(a) The chief law enforcement officer of every state
and local law enforcement agency must establish and enforce a written policy governing
the use of confidential informants. The policy must be identical or, at a minimum,
substantially similar to the new or revised model policy adopted by the board under
subdivision 2.
new text end
new text begin
(b) Every state and local law enforcement agency must certify annually to the board that
it has adopted a written policy in compliance with the board's model confidential informant
policy.
new text end
new text begin
(c) The board shall assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing confidential informant policies under
this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Required in-service training. new text end
new text begin
The chief law enforcement officer of every state
and local law enforcement agency shall provide in-service training in the recruitment,
control, and use of confidential informants to every peace officer and part-time peace officer
employed by the agency who the chief law enforcement officer determines is involved in
working with confidential informants given the officer's responsibilities. The training shall
comply with learning objectives based on the policies and procedures of the model policy
developed and approved by the board.
new text end
new text begin Subd. 5. new text end
new text begin Compliance reviews. new text end
new text begin
The board has the authority to inspect state and local
agency policies to ensure compliance with this section. The board may conduct the inspection
based upon a complaint it receives about a particular agency or through a random selection
process.
new text end
new text begin Subd. 6. new text end
new text begin Licensing sanctions; injunctive relief. new text end
new text begin
The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end
new text begin Subd. 7. new text end
new text begin Title. new text end
new text begin
This section shall be known as "Matthew's Law."
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. 18.
new text begin
[626.8477] INVESTIGATING HUMAN TRAFFICKING CASES; POLICIES
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Model policy required. new text end
new text begin
By December 15, 2021, the board, in consultation
with the statewide human trafficking investigation coordinator defined in section 299A.873,
as well as other interested parties including the Bureau of Criminal Apprehension, the
Human Trafficking Investigators Task Force, representatives of other sex trafficking task
forces, prosecutors, and Minnesota victim advocacy groups, must develop and distribute to
all chief law enforcement officers a comprehensive model policy for law enforcement
investigations of human trafficking cases, including sex trafficking and labor trafficking,
that are victim-centered and takes into account best practices, including the Safe Harbor
Protocol Guidelines developed pursuant to legislative appropriation, and ensures a thorough
investigation of these cases and that victims are treated respectfully.
new text end
new text begin Subd. 2. new text end
new text begin Agency policies required. new text end
new text begin
(a) By March 15, 2022, the chief law enforcement
officer of every state and local law enforcement agency must establish and enforce a written
policy governing the investigation of human trafficking cases within the agency that is
identical or substantially similar to the board's model policy described in subdivision 1. The
chief law enforcement officer must ensure that each peace officer investigating a human
trafficking case follows the agency's policy.
new text end
new text begin
(b) Every state and local law enforcement agency must certify to the board that it has
adopted a written policy in compliance with this subdivision.
new text end
new text begin
(c) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end
Sec. 19.
new text begin
[626.8478] PUBLIC ASSEMBLY RESPONSE; POLICIES REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Model policy required. new text end
new text begin
By December 15, 2021, the board must develop
a comprehensive model policy on responding to public assemblies. The policy must be
based on best practices in public assembly response drawn from both domestic and
international sources. In developing the policy, the board must consult with representatives
of the Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota
Sheriffs' Association, Minnesota Police and Peace Officers Association, Minnesota County
Attorneys Association, a nonprofit that organizes public assemblies, a nonprofit that provides
legal services to defend the rights of those who participate in public assemblies, and other
interested parties. The board must distribute the model policy to all chief law enforcement
officers.
new text end
new text begin Subd. 2. new text end
new text begin Agency policies required. new text end
new text begin
(a) By March 15, 2022, each chief law enforcement
officer must establish and implement a written policy on public assembly response that is
identical or substantially similar to the board's model policy described in subdivision 1. The
policy shall include specific actions to be taken during a public assembly response.
new text end
new text begin
(b) The board must assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing policies under this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Available resources. new text end
new text begin
If an agency, board, or local representative reviews or
updates its policies on public assembly response, it may consider the advice and counsel of
nonprofits that organize public assemblies.
new text end
new text begin Subd. 4. new text end
new text begin Compliance reviews authorized. new text end
new text begin
The board has authority to inspect state and
local law enforcement agency policies to ensure compliance with subdivision 2. The board
may conduct this inspection based upon a complaint it receives about a particular agency
or through a random selection process. The board must conduct a compliance review after
any major public safety event. The board may impose licensing sanctions and seek injunctive
relief under section 214.11 for an agency's failure to comply with subdivision 2.
new text end
Sec. 20.
Minnesota Statutes 2020, section 626.89, subdivision 2, is amended to read:
Subd. 2.
Applicability.
The procedures and provisions of this section apply to law
enforcement agencies and government units. The procedures and provisions of this section
do not apply tonew text begin :
new text end
new text begin
(1) investigations by civilian review boards, commissions, or other oversight bodies; or
new text end
new text begin (2)new text end investigations of criminal charges against an officer.
Sec. 21.
Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
Subd. 17.
Civilian review.
new text begin
(a) As used in this subdivision, the following terms have the
meanings given them:
new text end
new text begin
(1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end
new text begin
(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end
new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
otherdeleted text end oversight deleted text begin body shall not havedeleted text end new text begin council and grant the councilnew text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text begin A civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end
new text begin
(c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council shall submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end
new text begin
(d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end
new text begin
(e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end
new text begin
(f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end
Sec. 22.
Minnesota Statutes 2020, section 626.93, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Exception; Leech Lake Band of Ojibwe. new text end
new text begin
Notwithstanding any contrary
provision in subdivision 3 or 4, the Leech Lake Band of Ojibwe has concurrent jurisdictional
authority under this section with the local county sheriff within the geographical boundaries
of the band's reservation to enforce state criminal law if the requirements of subdivision 2
are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered
into.
new text end
Sec. 23.
Laws 2020, Fifth Special Session chapter 3, article 9, section 6, is amended to
read:
Sec. 6. deleted text begin STATE PATROL TROOPERdeleted text end new text begin LAW ENFORCEMENTnew text end SALARY deleted text begin INCREASEdeleted text end new text begin
INCREASESnew text end .
new text begin
Notwithstanding any law to the contrary, salary increases shall apply to the following
employees whose exclusive representative is the Minnesota Law Enforcement Association:
new text end
new text begin (1) new text end the commissioner of public safety must increase the salary paid to state patrol troopersnew text begin ,
Bureau of Criminal Apprehension agents, and special agents in the gambling enforcement
divisionnew text end by 8.4 percentdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) the commissioner of natural resources must increase the salary paid to conservation
officers by 8.4 percent;
new text end
new text begin
(3) the commissioner of corrections must increase the salary paid to fugitive specialists
by 8.4 percent; and
new text end
new text begin
(4) the commissioner of commerce must increase the salary paid to commerce insurance
fraud specialists by 8.4 percent.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from October 22, 2020.
new text end
Sec. 24. new text begin RULEMAKING AUTHORITY.
new text end
new text begin
The executive director of the Peace Officer Standards and Training Board may adopt
rules to carry out the purposes of section 3.
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. 25. new text begin GRANT PROGRAM FOR PUBLIC SAFETY POLICY AND TRAINING
CONSULTANT COSTS.
new text end
new text begin
(a) The executive director of the Peace Officer Standards and Training Board shall issue
grants to law enforcement agencies to provide reimbursement for the expense of retaining
a board-approved public safety policy and training consultant.
new text end
new text begin
(b) The Peace Officer Training and Standards Board shall identify a qualified public
safety policy and training consultant whose expenses would be eligible for reimbursement
under this section. At a minimum, the board must select a consultant who meets the following
criteria:
new text end
new text begin
(1) at least 15 years of experience developing and implementing law enforcement policy
and developing and leading law enforcement training;
new text end
new text begin
(2) proven experience in developing both local and statewide law enforcement policies
that incorporate current statutory and judicial standards, academic research, and best practices
in policing;
new text end
new text begin
(3) proven experience in successfully assisting law enforcement agencies to implement
policing reforms; and
new text end
new text begin
(4) proven experience in providing measurable value-added to clients for a competitive
fee.
new text end
new text begin
(c) The executive director shall give priority to agencies that do not have a contract with
the consultant selected by the board under paragraph (b). If there are insufficient funds to
fully reimburse each eligible grant applicant, the executive director shall provide a pro rata
share of funds appropriated for this purpose to each eligible law enforcement agency based
on the number of peace officers employed by the agency.
new text end
Sec. 26. new text begin PEACE OFFICER STANDARDS OF CONDUCT; WHITE SUPREMACIST
AFFILIATION AND SUPPORT PROHIBITED.
new text end
new text begin
(a) The Peace Officer Standards and Training Board must revise the peace officer
standards of conduct that the board is mandated to publish and update under Minnesota
Statutes, section 626.843, subdivision 1, clause (6), to prohibit peace officers from affiliating
with, supporting, or advocating for white supremacist groups, causes, or ideologies or
participation in, or active promotion of, an international or domestic extremist group that
the Federal Bureau of Investigation has determined supports or encourages illegal, violent
conduct.
new text end
new text begin
(b) For purposes of this section, white supremacist groups, causes, or ideologies include
organizations and associations and ideologies that: promote white supremacy and the idea
that white people are superior to Black, Indigenous, and people of color (BIPOC), promote
religious and racial bigotry, or seek to exacerbate racial and ethnic tensions between BIPOC
and non-BIPOC or engage in patently hateful and inflammatory speech, intimidation, and
violence against BIPOC as means of promoting white supremacy.
new text end
ARTICLE 3
CORRECTIONS AND COMMUNITY SUPERVISION
Section 1.
Minnesota Statutes 2020, section 152.32, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Probation; supervised release. new text end
new text begin
(a) A court shall not prohibit a person from
participating in the registry program under sections 152.22 to 152.37 as a condition of
probation, parole, pretrial conditional release, or supervised release or revoke a patient's
probation, parole, pretrial conditional release, or supervised release or otherwise sanction
a patient on probation, parole, pretrial conditional release, or supervised release, nor weigh
participation in the registry program, or positive drug test for cannabis
Next
components or
metabolites by registry participants, or both, as a factor when considering penalties for
violations of probation, parole, pretrial conditional release, or supervised release.
new text end
new text begin
(b) The commissioner of corrections, probation agent, or parole officer shall not prohibit
a person from participating in the registry program under sections 152.22 to 152.37 as a
condition of parole, supervised release, or conditional release or revoke a patient's parole,
supervised release, or conditional release or otherwise sanction a patient on parole, supervised
release, or conditional release solely for participating in the registry program or for a positive
drug test for
Previous
cannabis components or metabolites.
new text end
Sec. 2.
Minnesota Statutes 2020, section 171.06, subdivision 3, is amended to read:
Subd. 3.
Contents of application; other information.
(a) An application must:
(1) state the full name, date of birth, sex, and either (i) the residence address of the
applicant, or (ii) designated address under section 5B.05;
(2) as may be required by the commissioner, contain a description of the applicant and
any other facts pertaining to the applicant, the applicant's driving privileges, and the
applicant's ability to operate a motor vehicle with safety;
(3) state:
(i) the applicant's Social Security number; or
(ii) if the applicant does not have a Social Security number and is applying for a
Minnesota identification card, instruction permit, or class D provisional or driver's license,
that the applicant certifies that the applicant is not eligible for a Social Security number;
(4) contain a notification to the applicant of the availability of a living will/health care
directive designation on the license under section 171.07, subdivision 7; and
(5) include a method for the applicant to:
(i) request a veteran designation on the license under section 171.07, subdivision 15,
and the driving record under section 171.12, subdivision 5a;
(ii) indicate a desire to make an anatomical gift under paragraph (d);
(iii) as applicable, designate document retention as provided under section 171.12,
subdivision 3c; and
(iv) indicate emergency contacts as provided under section 171.12, subdivision 5b.
(b) Applications must be accompanied by satisfactory evidence demonstrating:
(1) identity, date of birth, and any legal name change if applicable; and
(2) for driver's licenses and Minnesota identification cards that meet all requirements of
the REAL ID Act:
(i) principal residence address in Minnesota, including application for a change of address,
unless the applicant provides a designated address under section 5B.05;
(ii) Social Security number, or related documentation as applicable; and
(iii) lawful status, as defined in Code of Federal Regulations, title 6, section 37.3.
(c) An application for an enhanced driver's license or enhanced identification card must
be accompanied by:
(1) satisfactory evidence demonstrating the applicant's full legal name and United States
citizenship; and
(2) a photographic identity document.
new text begin
(d) A valid Department of Corrections or Federal Bureau of Prisons identification card,
containing the applicant's full name, date of birth, and photograph issued to the applicant
is an acceptable form of proof of identity in an application for an identification card,
instruction permit, or driver's license as a secondary document for purposes of Minnesota
Rules, part 7410.0400, and successor rules.
new text end
Sec. 3.
Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
Subd. 3a.
Commissioner, powers and duties.
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility.new text begin After July 1, 2021, the commissioner shall not allow inmates to be housed in facilities
that are not owned and operated by the state, a local unit of government, or a group of local
units of government.new text end Inmates shall not exercise custodial functions or have authority over
other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2020, section 241.016, is amended to read:
241.016 ANNUAL PERFORMANCE REPORT REQUIRED.
Subdivision 1.
deleted text begin Biennialdeleted text end new text begin Annualnew text end report.
(a) The Department of Corrections shall submit
a performance report to the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over criminal justice funding
by January 15 of each deleted text begin odd-numbereddeleted text end year. The issuance and content of the report must
include the following:
(1) department strategic mission, goals, and objectives;
(2) the department-wide per diem, adult facility-specific per diems, and an average per
diem, reported in a standard calculated method as outlined in the departmental policies and
procedures;
(3) department annual statistics as outlined in the departmental policies and procedures;
deleted text begin and
deleted text end
(4) information about prison-based mental health programs, including, but not limited
to, the availability of these programs, participation rates, and completion ratesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) beginning in 2023, a written aggregate of the state correctional facilities security
audit group's recommendations based on each security audit and assessment of a state
correctional facility and the commissioner's responses to the recommendations.
new text end
(b) The department shall maintain recidivism rates for adult facilities on an annual basis.
In addition, each year the department shall, on an alternating basis, complete a recidivism
analysis of adult facilities, juvenile services, and the community services divisions and
include a three-year recidivism analysis in the report described in paragraph (a). The
recidivism analysis must: (1) assess education programs, vocational programs, treatment
programs, including mental health programs, industry, and employment; and (2) assess
statewide re-entry policies and funding, including postrelease treatment, education, training,
and supervision. In addition, when reporting recidivism for the department's adult and
juvenile facilities, the department shall report on the extent to which offenders it has assessed
as chemically dependent commit new offenses, with separate recidivism rates reported for
persons completing and not completing the department's treatment programs.
new text begin
(c) The department shall maintain annual statistics related to the supervision of extended
jurisdiction juveniles and include those statistics in the report described in paragraph (a).
The statistics must include:
new text end
new text begin
(1) the total number and population demographics of individuals under supervision in
adult facilities, juvenile facilities, and the community who were convicted as an extended
jurisdiction juvenile;
new text end
new text begin
(2) the number of individuals convicted as an extended jurisdiction juvenile who
successfully completed probation in the previous year;
new text end
new text begin
(3) the number of individuals identified in clause (2) for whom the court terminated
jurisdiction before the person became 21 years of age pursuant to section 260B.193,
subdivision 5;
new text end
new text begin
(4) the number of individuals convicted as an extended jurisdiction juvenile whose
sentences were executed; and
new text end
new text begin
(5) the average length of time individuals convicted as an extended jurisdiction juvenile
spend on probation.
new text end
Sec. 5.
Minnesota Statutes 2020, section 241.021, subdivision 1, is amended to read:
Subdivision 1.
Correctional facilities; inspection; licensing.
(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons deleted text begin detained ordeleted text end confinednew text begin or incarceratednew text end 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 deleted text begin detained ordeleted text end
confinednew text begin or incarceratednew text end therein. deleted text begin Commencing September 1, 1980,deleted text end new text begin These minimum standards
shall include but are not limited to specific guidance pertaining to:
new text end
new text begin
(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;
new text end
new text begin
(2) a policy on the involuntary administration of medications;
new text end
new text begin
(3) suicide prevention plans and training;
new text end
new text begin
(4) verification of medications in a timely manner;
new text end
new text begin
(5) well-being checks;
new text end
new text begin
(6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;
new text end
new text begin
(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;
new text end
new text begin
(8) use of segregation and mental health checks;
new text end
new text begin
(9) critical incident debriefings;
new text end
new text begin
(10) clinical management of substance use disorders;
new text end
new text begin
(11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;
new text end
new text begin
(12) a policy regarding the use of telehealth;
new text end
new text begin
(13) self-auditing of compliance with minimum standards;
new text end
new text begin
(14) information sharing with medical personnel and when medical assessment must be
facilitated;
new text end
new text begin
(15) a code of conduct policy for facility staff and annual training;
new text end
new text begin
(16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and
new text end
new text begin
(17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.
new text end
No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless deleted text begin licensed bydeleted text end new text begin it possesses a current license fromnew text end 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 deleted text begin suchdeleted text end new text begin thenew text end 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 deleted text begin bienniumdeleted text end new text begin two yearsnew text end , except as otherwise provided deleted text begin hereindeleted text end , to determine
compliance with the minimum standards established deleted text begin pursuantdeleted text end new text begin accordingnew text end to this subdivisionnew text begin
or other law related to minimum standards and conditions of confinementnew text end .
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 new text begin standards not being met do not impact thenew text end
interests and well-being of the persons deleted text begin detained ordeleted text end confined deleted text begin thereindeleted text end new text begin or incarcerated in the
facilitynew text end deleted text begin are protecteddeleted text end . new text begin A limited license under subdivision 1a may be issued for purposes of
effectuating a facility closure.new text end The commissioner may grant licensure up to two years. new text begin 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.
new text end
The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons deleted text begin detained ordeleted text end confinednew text begin or incarceratednew text end 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.
new text begin
All facility administrators of correctional facilities defined under subdivision 1g 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.
new text end
new text begin
All facility administrators of correctional facilities defined under subdivision 1g 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.
new text end
The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. new text begin The commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection. new text end The education program offered in a correctional facility for the deleted text begin detention ordeleted text end
confinement new text begin or incarceration new text end of juvenile offenders must be approved by the commissioner
of education before the commissioner of corrections may grant a license to the facility.
(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.
(c) 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.
(d) 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 sections 401.01 to 401.16, or to require counties to comply with operating
standards the commissioner establishes as a condition precedent for counties to receive that
funding.
new text begin
(e) The department's inspection unit must report directly to a division head outside of
the correctional institutions division.
new text end
deleted text begin
(e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner shall
promptly notify the chief executive officer and the governing board of the facility of the
deficiencies and order that they be remedied within a reasonable period of time. The
commissioner may by written order restrict the use of any facility which does not substantially
conform to minimum standards to prohibit the detention of any person therein for more than
72 hours at one time. When, after due notice and hearing, the commissioner finds that any
facility described in this subdivision, except county jails and lockups as provided in sections
641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making
deleted text end
deleted text begin
satisfactory progress toward substantial compliance therewith, the commissioner may issue
an order revoking the license of that facility. After revocation of its license, that facility
shall not be used until its license is renewed. When the commissioner is satisfied that
satisfactory progress towards substantial compliance with minimum standard is being made,
the commissioner may, at the request of the appropriate officials of the affected facility
supported by a written schedule for compliance, grant an extension of time for a period not
to exceed one year.
deleted text end
deleted text begin
(f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted, or
adjudicated to be guilty or delinquent.
deleted text end
Sec. 6.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Correction order; conditional license. new text end
new text begin
(a) When the commissioner finds that
any facility described in subdivision 1, except foster care facilities for delinquent children
and youth as provided in subdivision 2, does not substantially conform to the minimum
standards established by the commissioner and is not making satisfactory progress toward
substantial conformance and the nonconformance does not present an imminent risk of
life-threatening harm or serious physical injury to the persons confined or incarcerated in
the facility, the commissioner shall promptly notify the facility administrator and the
governing board of the facility of the deficiencies and must issue a correction order or a
conditional license order that the deficiencies be remedied within a reasonable and specified
period of time.
new text end
new text begin
The conditional license order may restrict the use of any facility which does not
substantially conform to minimum standards, including imposition of conditions limiting
operation of the facility or parts of the facility, reducing facility capacity, limiting intake,
limiting length of detention for individuals, or imposing detention limitations based on the
needs of the individuals being confined or incarcerated therein.
new text end
new text begin
The correction order or conditional license order must clearly state the following:
new text end
new text begin
(1) the specific minimum standards violated, noting the implicated rule or law;
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) time allowed to correct each violation; and
new text end
new text begin
(5) if a license is made conditional, the length and terms of the conditional license, any
conditions limiting operation of the facility, and the reasons for making the license
conditional.
new text end
new text begin
(b) The facility administrator may request review of the findings noted in the conditional
license order on the grounds that satisfactory progress toward substantial compliance with
minimum standards has been made, supported by evidence of correction, and, if appropriate,
may include a written schedule for compliance. The commissioner shall review the evidence
of correction and the progress made toward substantial compliance with minimum standards
within a reasonable period of time, not to exceed ten business days. When the commissioner
has assurance that satisfactory progress toward substantial compliance with minimum
standards is being made, the commissioner shall lift any conditions limiting operation of
the facility or parts of the facility or remove the conditional license order.
new text end
new text begin
(c) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 1b prior to issuing a correction order or conditional license order.
new text end
Sec. 7.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 1b. new text end
new text begin License revocation order. new text end
new text begin
(a) When, after due notice to the facility
administrator of the commissioner's intent to issue a revocation order, the commissioner
finds that any facility described in this subdivision, except county jails and lockups subject
to active condemnation proceedings or orders as provided in sections 641.26, 642.10, and
642.11, does not conform to minimum standards, or is not making satisfactory progress
toward substantial compliance with minimum standards, and the nonconformance does not
present an imminent risk of life-threatening harm or serious physical injury to the persons
confined or incarcerated in the facility, the commissioner may issue an order revoking the
license of that facility.
new text end
new text begin
The notice of intent to issue a revocation order shall 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 persons confined or incarcerated in the correctional
facility;
new text end
new text begin
(5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional
facility;
new text end
new text begin
(6) relevant facts, conditions, and circumstances concerning the operation of the licensed
facility, including at a minimum:
new text end
new text begin
(i) specific facility deficiencies that endanger the health or safety of persons confined
or incarcerated in the correctional facility;
new text end
new text begin
(ii) substantiated complaints relating to the correctional facility; or
new text end
new text begin
(iii) any other evidence that the correctional facility is not in compliance with minimum
standards.
new text end
new text begin
(b) The facility administrator must submit a written response within 30 days of receipt
of the notice of intent to issue a revocation order with any information related to errors in
the notice, ability to conform to minimum standards within a set period of time including
but not limited to a written schedule for compliance, and any other information the facility
administrator deems relevant for consideration by the commissioner. The written response
must also include a written plan indicating how the correctional facility will ensure the
transfer of confined or incarcerated individuals and records if the correctional facility closes.
Plans must specify arrangements the correctional facility will make to transfer confined or
incarcerated individuals to another licensed correctional facility for continuation of detention.
new text end
new text begin
(c) When revoking a license, the commissioner shall consider the nature, chronicity, or
severity of the violation of law or rule and the effect of the violation on the health, safety,
or rights of persons confined or incarcerated in the correctional facility.
new text end
new text begin
(d) If the facility administrator does not respond within 30 days to the notice of intent
to issue a revocation order or if the commissioner does not have assurance that satisfactory
progress toward substantial compliance with minimum standards will be made, the
commissioner shall issue a revocation order. The revocation order must be sent to the facility
administrator and the governing board of the facility, clearly stating:
new text end
new text begin
(1) the specific minimum standards violated, noting the implicated rule or law;
new text end
new text begin
(2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of those violations;
new text end
new text begin
(3) the corrective action needed;
new text end
new text begin
(4) any prior correction or conditional license orders issued to correct violations; and
new text end
new text begin
(5) the date at which the license revocation shall take place.
new text end
new text begin
A revocation order may authorize use until a certain date, not to exceed the duration of the
current license, unless a limited license is issued by the commissioner for purposes of
effectuating a facility closure and continued operation does not present an imminent risk
of life-threatening harm or is not likely to result in serious physical injury to the persons
confined or incarcerated in the facility.
new text end
new text begin
(e) After revocation of the facility's licensure, that facility shall not be used until the
license is renewed. When the commissioner is satisfied 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
Sec. 8.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 1c. new text end
new text begin Temporary license suspension. new text end
new text begin
The commissioner shall act immediately to
temporarily suspend a license issued under this chapter if:
new text end
new text begin
(1) the correctional facility's failure to comply with applicable minimum standards or
the conditions in the correctional facility pose an imminent risk of life-threatening harm or
serious physical injury to persons confined or incarcerated in 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 correctional 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 correctional facility continues to operate pending due notice and opportunity
for written response to the commissioner's notice of intent to issue an order of revocation,
the commissioner identifies one or more subsequent violations of minimum standards which
may adversely affect the health or safety of persons confined or incarcerated in the facility,
staff, law enforcement, visitors, or the public.
new text end
new text begin
A notice stating the reasons for the immediate suspension informing the facility
administrator must be delivered by personal service to the correctional facility administrator
and the governing board of the facility.
new text end
Sec. 9.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Public notice of restriction, revocation, or suspension. new text end
new text begin
If the license of a
facility under this section is revoked or suspended, or use of the facility is restricted for any
reason under a conditional license order, the commissioner shall post the facility, the status
of the facility's license, and the reason for the restriction, revocation, or suspension publicly
and on the department's website.
new text end
Sec. 10.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 1e. new text end
new text begin Reconsideration of orders; appeals. new text end
new text begin
(a) If the facility administrator believes
the correction order, conditional license order, or revocation order is in error, the facility
administrator may ask the Department of Corrections 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 no later than 30 calendar days after
receipt of the correction order, conditional license order, or revocation order;
new text end
new text begin
(3) specify the parts of the order that are alleged to be in error;
new text end
new text begin
(4) explain why the correction order, conditional license order, or revocation order 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
The commissioner shall issue a disposition within 60 days of receipt of the facility
administrator's response to correction, conditional license, or revocation order violations.
A request for reconsideration does not stay any provisions or requirements of the order.
new text end
new text begin
(b) The facility administrator may request reconsideration of an order immediately
suspending a license. The request for reconsideration of an order immediately suspending
a license must be made in writing and sent by certified mail, personal service, or other means
expressly stated in the commissioner's order. If mailed, the request for reconsideration must
be postmarked and sent to the commissioner no later than five business days after the facility
administrator receives notice that the license has been immediately suspended. If a request
is made by personal service, it must be received by the commissioner no later than five
business days after the facility administrator received the order. 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
A facility administrator and the governing board of the facility shall discontinue operation
of the correctional facility upon receipt of the commissioner's order to immediately suspend
the license.
new text end
new text begin
(c) Within five business days of receipt of the facility administrator's timely request for
reconsideration of a temporary immediate suspension, the commissioner shall review the
request for reconsideration. The scope of the review shall be limited solely to the issue of
whether the temporary immediate suspension order should remain in effect pending the
written response to commissioner's notice of intent to issue a revocation order.
new text end
new text begin
The commissioner's disposition of a request for reconsideration of correction, conditional
license, temporary immediate suspension, or revocation order is final and subject to appeal.
The facility administrator must request reconsideration as required by this section of any
correction, conditional license, temporary immediate suspension, or revocation order prior
to appeal.
new text end
new text begin
No later than 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
Sec. 11.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 1f. new text end
new text begin Report. new text end
new text begin
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 this section
over the prior year, particularly the health and safety of individuals confined or incarcerated
in a state correctional facility and a facility licensed by the commissioner. This report shall
include but not be limited to data regarding:
new text end
new text begin
(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 issued;
new text end
new text begin
(2) the aggregated results of the death reviews by facility as required by subdivision 8,
including any implemented policy changes;
new text end
new text begin
(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;
new text end
new text begin
(4) the number of suicide attempts, number of people transported to a medical facility,
and number of people placed in segregation;
new text end
new text begin
(5) the number of persons committed to the commissioner of corrections' custody that
the commissioner is housing in facilities licensed under subdivision 1, including but not
limited to:
new text end
new text begin
(i) aggregated demographic data of those individuals;
new text end
new text begin
(ii) length of time spent housed in a licensed correctional facility; and
new text end
new text begin
(iii) any contracts the Department of Corrections has with correctional facilities to provide
housing; and
new text end
new text begin
(6) summary data from state correctional facilities regarding complaints involving alleged
on-duty staff misconduct, including but not limited to the:
new text end
new text begin
(i) total number of misconduct complaints and investigations;
new text end
new text begin
(ii) total number of complaints by each category of misconduct, as defined by the
commissioner of corrections;
new text end
new text begin
(iii) number of allegations dismissed as unfounded;
new text end
new text begin
(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and
new text end
new text begin
(v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.
new text end
Sec. 12.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 1g. new text end
new text begin
Biennial assessment and audit of security practices; state correctional
facilities.
new text end
new text begin
(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.
new text end
new text begin
(b) Corrections and detention confidential data, as defined in section 13.85, subdivision
3, that is contained in reports and records of the group maintain that classification, regardless
of their 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.
new text end
Sec. 13.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 1h. new text end
new text begin State correctional facilities security audit group. new text end
new text begin
(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:
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;
new text end
new text begin
(3) an elected sheriff or designee nominated by the Minnesota Sheriffs Association and
appointed by the commissioner;
new text end
new text begin
(4) a physical plant safety consultant, appointed by the governor;
new text end
new text begin
(5) a private security consultant with expertise in correctional facility security, appointed
by the governor;
new text end
new text begin
(6) two senators, one appointed by the senate majority leader and one appointed by the
minority leader; and
new text end
new text begin
(7) 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) By January 1, 2022, 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 by February 15, 2022.
new text end
new text begin
(c) The group shall 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 corrections and detention confidential data. Within 60 days of
receiving an audit report 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.
new text end
new text begin
(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, in the commissioner's
report to the legislature.
new text end
new text begin
(e) The commissioner shall provide staffing and administrative support to the group.
new text end
Sec. 14.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 1i. new text end
new text begin Definition. new text end
new text begin
As used in this section, "correctional facility" means any facility,
including a group home, having a residential component, the primary purpose of which is
to serve persons placed therein 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.
new text end
Sec. 15.
Minnesota Statutes 2020, section 241.021, subdivision 2a, is amended to read:
Subd. 2a.
Affected municipality; notice.
The commissioner must not deleted text begin issuedeleted text end new text begin grantnew text end 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 new text begin license is new text end first deleted text begin issuance of a licensedeleted text end new text begin grantednew text end 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.
Sec. 16.
Minnesota Statutes 2020, section 241.021, subdivision 2b, is amended to read:
Subd. 2b.
Licensing; facilities; juveniles from outside state.
The commissioner may
not:
(1) deleted text begin issuedeleted text end new text begin grantnew text end 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.
Sec. 17.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 2c. new text end
new text begin Searches. new text end
new text begin
The commissioner shall not grant a license to any county,
municipality, or agency to operate a facility for the detention, care, and training of delinquent
children and youth unless the county, municipality, or agency institutes a policy strictly
prohibiting the visual inspection of breasts, buttocks, or genitalia of children and youth
received by the facility except during a health care procedure conducted by a medically
licensed person.
new text end
Sec. 18.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 2d. new text end
new text begin Disciplinary room time. new text end
new text begin
The commissioner shall not grant a license to any
county, municipality, or agency to operate a facility for the detention, care, and training of
delinquent children and youth unless the county, municipality, or agency institutes a policy
strictly prohibiting the use of disciplinary room time for children and youth received by the
facility. Seclusion used in emergency situations as a response to imminent danger to the
resident or others, when less restrictive interventions are determined to be ineffective, is
not a violation of this subdivision.
new text end
Sec. 19.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Intake release of information. new text end
new text begin
All correctional facilities that confine or
incarcerate adults are required at intake to provide each person an authorization form to
release information related to that person's health or mental health condition and when that
information should be shared. This release form shall allow the individual to select if the
individual wants to require the correctional facility to make attempts to contact the designated
person to facilitate the sharing of health condition information upon incapacitation or if the
individual becomes unable to communicate or direct the sharing of this information, so long
as contact information was provided and the incapacitated individual or individual who is
unable to communicate or direct the sharing of this information is not subject to a court
order prohibiting contact with the designated person.
new text end
Sec. 20.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Death review teams. new text end
new text begin
In the event a correctional facility as defined in subdivision
1g receives information of the death of an individual 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, the administrator of the facility, minimally including a medical expert
of the facility's choosing who did not provide medical services to the individual, and, if
appropriate, a mental health expert, shall review the circumstances of the death and assess
for preventable mortality and morbidity, including recommendations for policy or procedure
change, within 90 days of death. The investigating law enforcement agency may provide
documentation, participate in, or provide documentation and participate in the review in
instances where criminal charges were not brought. A preliminary autopsy report must be
provided as part of the review and any subsequent autopsy findings as available. The facility
administrator shall provide notice to the commissioner of corrections via the Department
of Corrections detention information system that the correctional facility has conducted a
review and identify any recommendations for changes in policy, procedure, or training that
will be implemented. Any report or other documentation created for purposes of a facility
death review is confidential as defined in section 13.02, subdivision 3. Nothing in this
section relieves the facility administrator from complying with the notice of death to the
commissioner as required by subdivision 1, paragraph (a).
new text end
Sec. 21.
Minnesota Statutes 2020, section 241.025, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is deleted text begin limited todeleted text end new text begin primarilynew text end the arrest of Department of Corrections'
discretionary and statutory released violators and Department of Corrections' escapees.new text begin The
Department of Corrections Fugitive Apprehension Unit may exercise general law enforcement
duties during the course of official duties, including carrying out law enforcement activities
in coordination with the law enforcement agency of jurisdiction, investigating criminal
offenses in agency-operated correctional facilities and surrounding property, and assisting
other law enforcement agencies upon request.
new text end
Sec. 22.
Minnesota Statutes 2020, section 241.025, subdivision 2, is amended to read:
Subd. 2.
Limitations.
The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdictiondeleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction deleted text begin in which a new crime is committeddeleted text end new text begin unless the law enforcement
agency authorizes the fugitive apprehension unit to assume the subsequent investigationnew text end .new text begin
At the request of the primary jurisdiction, the fugitive apprehension unit may assist in
subsequent investigations or law enforcement efforts being carried out by the primary
jurisdiction. Persons arrested for violations that the fugitive apprehension unit determines
are not within the agency's jurisdiction must be referred to the appropriate local law
enforcement agency for further investigation or disposition.
new text end
Sec. 23.
Minnesota Statutes 2020, section 241.025, subdivision 3, is amended to read:
Subd. 3.
Policies.
The fugitive apprehension unit must develop and file all policies
required under state law for law enforcement agencies. The fugitive apprehension unit also
must develop a policy for contacting law enforcement agencies in a city or county before
initiating any fugitive surveillance, investigation, or apprehension within the city or county.
deleted text begin These policies must be filed with the board of peace officers standards and training by
November 1, 2000.deleted text end Revisions of any of these policies must be filed with the board within
ten days of the effective date of the revision. The Department of Corrections shall train all
of its peace officers regarding the application of these policies.
Sec. 24.
new text begin
[241.067] RELEASE OF INMATES; DUTIES OF COMMISSIONER.
new text end
new text begin Subdivision 1. new text end
new text begin Duties upon release. new text end
new text begin
When releasing an inmate from prison, the
commissioner shall provide to the inmate:
new text end
new text begin
(1) a copy of the inmate's unofficial criminal history compiled by the department and
marked as unofficial;
new text end
new text begin
(2) information on how to obtain the inmate's full official criminal history from the
Bureau of Criminal Apprehension;
new text end
new text begin
(3) general information describing the laws and processes for obtaining an expungement
of the inmate's criminal record;
new text end
new text begin
(4) general information on the inmate's right to vote;
new text end
new text begin
(5) current information on local career workforce centers in the county in which the
inmate will reside and, upon the inmate's request, other counties;
new text end
new text begin
(6) a record of the programs that the inmate completed while in prison;
new text end
new text begin
(7) an accounting of any court-ordered payments, fines, and fees owed by the inmate
upon release of which the department has knowledge;
new text end
new text begin
(8) assistance in obtaining a Social Security card;
new text end
new text begin
(9) a medical discharge summary;
new text end
new text begin
(10) information on how the inmate may obtain a complete copy of the inmate's medical
record at no charge to the inmate; and
new text end
new text begin
(11) general information on the Supplemental Nutrition Assistance Program (SNAP)
benefits, eligibility criteria, and application process.
new text end
new text begin Subd. 2. new text end
new text begin Assistance relating to birth certificate and identification cards. new text end
new text begin
(a) Upon
the request of an inmate, the commissioner shall assist the inmate in obtaining a copy of
the inmate's birth certificate at no cost to the inmate. This assistance does not apply to
inmates who (1) upon intake have six months or less remaining in their term of imprisonment,
(2) already have an accessible copy of their birth certificate available or other valid
identification, or (3) already have a valid photograph on file with the Department of Public
Safety that may be used as proof of identity for renewing an identification document.
new text end
new text begin
(b) The commissioner, in collaboration with the Department of Public Safety, shall
facilitate the provision of a state identification card to an inmate at no cost to the inmate
under the same criteria described in paragraph (a) relating to birth certificates, provided the
inmate possesses the necessary qualifying documents to obtain the card.
new text end
new text begin
(c) The commissioner shall inform inmates of the commissioner's duties under paragraphs
(a) and (b) upon intake and again upon the initiation of release planning.
new text end
new text begin Subd. 3. new text end
new text begin Medical assistance or MinnesotaCare application. new text end
new text begin
At least 45 days before
the scheduled release of an inmate, the commissioner shall offer to assist the inmate in
completing an application for medical assistance or MinnesotaCare and shall provide the
assistance if the inmate accepts the offer.
new text end
new text begin Subd. 4. new text end
new text begin Medications. new text end
new text begin
(a) When releasing an inmate from prison, the commissioner
shall provide the inmate with a one-month supply of any non-narcotic medications that have
been prescribed to the inmate and a prescription for a 30-day supply of these medications
that may be refilled twice.
new text end
new text begin
(b) Paragraph (a) applies only to the extent the requirement is consistent with clinical
guidelines and permitted under state and federal law.
new text end
new text begin
(c) Nothing in this subdivision overrides the requirements in section 244.054.
new text end
new text begin Subd. 5. new text end
new text begin Exception; release violators. new text end
new text begin
Subdivisions 1 to 3 do not apply to inmates who
are being imprisoned for a release violation. Subdivision 4 applies to all inmates being
released.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2021, except that the
requirement in subdivision 1, clause (10), is effective on July 1, 2022.
new text end
Sec. 25.
new text begin
[241.068] HOMELESSNESS MITIGATION PLAN; ANNUAL REPORTING
ON HOMELESSNESS.
new text end
new text begin Subdivision 1. new text end
new text begin Homelessness mitigation plan; report. new text end
new text begin
(a) The commissioner of
corrections shall develop and implement a homelessness mitigation plan for individuals
released from prison. At a minimum, the plan must include:
new text end
new text begin
(1) redesigning of business practices and policies to boost efforts to prevent homelessness
for all persons released from prison;
new text end
new text begin
(2) efforts to increase interagency and intergovernmental collaboration between state
and local governmental units to identify and leverage shared resources; and
new text end
new text begin
(3) development of internal metrics for the agency to report on its progress toward
implementing the plan and achieving the plan's goals.
new text end
new text begin
(b) The commissioner shall submit the plan to the chairs and ranking minority members
of the legislative committees having jurisdiction over criminal justice policy and finance
by October 31, 2022.
new text end
new text begin Subd. 2. new text end
new text begin Reporting on individuals released to homelessness. new text end
new text begin
(a) By February 15 of
each year beginning in 2022, the commissioner shall report to the chairs and ranking minority
members of the legislative committees having jurisdiction over criminal justice policy and
finance the following information on adults, disaggregated by race, gender, and county of
release:
new text end
new text begin
(1) the total number released to homelessness from prison;
new text end
new text begin
(2) the total number released to homelessness by each Minnesota correctional facility;
new text end
new text begin
(3) the total number released to homelessness by county of release; and
new text end
new text begin
(4) the total number under supervised, intensive supervised, or conditional release
following release from prison who reported experiencing homelessness or a lack of housing
stability.
new text end
new text begin
(b) Beginning with the 2024 report and continuing until the 2033 report, the commissioner
shall include in the report required under paragraph (a), information detailing progress,
measures, and challenges to the implementation of the homelessness mitigation plan required
by subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July, 1, 2021.
new text end
Sec. 26.
Minnesota Statutes 2020, section 243.48, subdivision 1, is amended to read:
Subdivision 1.
General searches.
The commissioner of corrections, new text begin the state correctional
facilities audit group, new text end the governor, lieutenant governor, members of the legislature, state
officers, and the ombudsperson for corrections may visit the inmates at pleasure, but no
other persons without permission of the chief executive officer of the facility, under rules
prescribed by the commissioner. A moderate fee may be required of visitors, other than
those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the
commissioner of management and budget under rules as the commissioner may deem proper,
and when so remitted shall be placed to the credit of the general fund.
Sec. 27.
Minnesota Statutes 2020, section 243.52, is amended to read:
243.52 DISCIPLINE; PREVENTION OF ESCAPEnew text begin ; DUTY TO REPORTnew text end .
new text begin Subdivision 1. new text end
new text begin Discipline and prevention of escape new text end
If any deleted text begin inmate ofdeleted text end new text begin person confined
or incarcerated innew text end any adult correctional facility either under the control of the commissioner
of corrections or licensed by the commissioner of corrections under section 241.021 assaults
any correctional officer or any other person deleted text begin or inmatedeleted text end , the assaulted person may use force
in defense of the assaultnew text begin , except as limited in this sectionnew text end . If any deleted text begin inmatedeleted text end new text begin confined or
incarcerated personnew text end attempts to damage the buildings or appurtenances, resists the lawful
authority of any correctional officer, refuses to obey the correctional officer's reasonable
demands, or attempts to escape, the correctional officer may enforce obedience and discipline
or prevent escape by the use of force. If any deleted text begin inmatedeleted text end new text begin confined or incarcerated personnew text end resisting
lawful authority is wounded or killed by the use of force by the correctional officer or
assistants, that conduct is authorized under this section.
new text begin Subd. 2. new text end
new text begin Use of force. new text end
new text begin
(a) Use of force must not be applied maliciously or sadistically
for the purpose of causing harm to a confined or incarcerated person.
new text end
new text begin
(b) Unless the use of deadly force is justified in this section, a correctional officer working
in a correctional facility as defined in section 241.021 may not use any of the following
restraints:
new text end
new text begin
(1) a choke hold;
new text end
new text begin
(2) a prone restraint;
new text end
new text begin
(3) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end
new text begin
(4) securing a person in any way that results in transporting the person face down in a
vehicle, except as directed by a medical professional.
new text end
new text begin
(c) For the purposes of this subdivision, the following terms have the meanings given
them:
new text end
new text begin
(1) "choke hold" means a method by which a person applies sufficient pressure to a
person to make breathing difficult or impossible, and includes but is not limited to any
pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce
intake of air. Choke hold also means applying pressure to a person's neck on either side of
the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the
carotid arteries;
new text end
new text begin
(2) "prone restraint" means the use of manual restraint that places a person in a face-down
position; and
new text end
deleted text begin
As used in this section, "use of force" means conduct which is defined by sections 609.06
to 609.066.
deleted text end
new text begin
(3) "deadly force" has the meaning given in section 609.066, subdivision 1.
new text end
new text begin
(d) Use of deadly force is justified only if an objectively reasonable correctional officer
would believe, based on the totality of the circumstances known to the officer at the time
and without the benefit of hindsight, that deadly force is necessary:
new text end
new text begin
(1) to protect the correctional officer or another from death or great bodily harm, provided
that the threat:
new text end
new text begin
(i) can be articulated with specificity by the correctional officer;
new text end
new text begin
(ii) is reasonably likely to occur absent action by the correctional officer; and
new text end
new text begin
(iii) must be addressed through the use of deadly force without unreasonable delay; or
new text end
new text begin
(2) to effect the capture or prevent the escape of a person when the officer reasonably
believes that the person will cause death or great bodily harm to another person under the
threat criteria in clause (1), unless immediately apprehended.
new text end
new text begin Subd. 3. new text end
new text begin Duty to report. new text end
new text begin
(a) Regardless of tenure or rank, staff working in a correctional
facility as defined in section 241.021 who observe another employee engage in neglect or
use force that exceeds the degree of force permitted by law must report the incident in
writing as soon as practicable, but no later than 24 hours to the administrator of the
correctional facility that employs the reporting staff member.
new text end
new text begin
(b) A staff member who fails to report neglect or excessive use of force within 24 hours
is subject to disciplinary action or sanction by the correctional facility that employs them.
Staff members shall suffer no reprisal for reporting another staff member engaged in
excessive use of force or neglect.
new text end
new text begin
(c) For the purposes of this subdivision, "neglect" means:
new text end
new text begin
(1) the knowing failure or omission to supply a person confined or incarcerated in the
facility with care or services, including but not limited to food, clothing, health care, or
supervision that is reasonable and necessary to obtain or maintain the person's physical or
mental health or safety; or
new text end
new text begin
(2) the absence or likelihood of absence of care or services, including but not limited to
food, clothing, health care, or supervision necessary to maintain the physical and mental
health of the person that a reasonable person would deem essential for health, safety, or
comfort.
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. 28.
new text begin
[243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
new text end
new text begin
The commissioner may not contract with privately owned and operated prisons for the
care, custody, and rehabilitation of offenders committed to the custody of the commissioner.
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. 29.
new text begin
[244.049] INDETERMINATE SENTENCE RELEASE BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; membership. new text end
new text begin
(a) The Indeterminate Sentence Release
Board is established to review eligible cases and make release decisions for inmates serving
indeterminate sentences under the authority of the commissioner.
new text end
new text begin
(b) The board shall consist of five members as follows:
new text end
new text begin
(1) four persons appointed by the governor from two recommendations of each of the
majority leaders and minority leaders of the house of representatives and the senate; and
new text end
new text begin
(2) the commissioner of corrections who shall serve as chair.
new text end
new text begin
(c) The members appointed from the legislative recommendations must meet the
following qualifications at a minimum:
new text end
new text begin
(1) a bachelor's degree in criminology, corrections, or a related social science, or a law
degree;
new text end
new text begin
(2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end
new text begin
(3) demonstrated knowledge of victim issues and correctional processes.
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
new text begin
(a) Members of the board shall serve four-year staggered
terms except that the terms of the initial members of the board must be as follows:
new text end
new text begin
(1) two members must be appointed for terms that expire January 1, 2024; and
new text end
new text begin
(2) two members must be appointed for terms that expire January 1, 2026.
new text end
new text begin
(b) A member is eligible for reappointment.
new text end
new text begin
(c) Vacancies on the board shall be filled in the same manner as the initial appointments
under subdivision 1.
new text end
new text begin
(d) Member compensation and removal of members on the board shall be as provided
in section 15.0575.
new text end
new text begin Subd. 3. new text end
new text begin Quorum; administrative duties. new text end
new text begin
(a) The majority of members constitutes a
quorum.
new text end
new text begin
(b) The commissioner of corrections shall provide the board with personnel, supplies,
equipment, office space, and other administrative services necessary and incident to the
discharge of the functions of the board.
new text end
new text begin Subd. 4. new text end
new text begin Limitation. new text end
new text begin
Nothing in this section supersedes the commissioner's authority
to revoke an inmate's release for a violation of the inmate's terms of release or impairs the
power of the Board of Pardons to grant a pardon or commutation in any case.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
On or before February 15 each year, the board shall submit to the
legislative committees with jurisdiction over criminal justice policy a written report detailing
the number of inmates reviewed and identifying persons granted release in the preceding
year. The report shall also include the board's recommendations for policy modifications
that influence the board's duties.
new text end
Sec. 30.
Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life sentence.
(a) The deleted text begin commissioner of correctionsdeleted text end new text begin boardnew text end
may, under rules deleted text begin promulgateddeleted text end new text begin adoptednew text end by the commissionernew text begin and upon majority vote of the
board membersnew text end , give supervised release to an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the inmate has
served the minimum term of imprisonment specified in subdivision 4.
(b) The deleted text begin commissionerdeleted text end new text begin boardnew text end shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. The statement may summarize
the harm suffered by the victim as a result of the crime and give the victim's recommendation
on whether the inmate should be given supervised release at this time. The deleted text begin commissionerdeleted text end new text begin
boardnew text end must consider the victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the deleted text begin commissionerdeleted text end new text begin boardnew text end shall consider,
at a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological or
other diagnostic evaluations of the inmate, the inmate's criminal history, and any other
relevant conduct of the inmate while incarcerated or before incarceration. The deleted text begin commissionerdeleted text end new text begin
boardnew text end may not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
(e) As used in this subdivisiondeleted text begin ,deleted text end new text begin :
new text end
new text begin
(1) "board" means the Indeterminate Sentence Release Board under section 244.049;
and
new text end
new text begin (2)new text end "victim" means the individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving spouse or next of kin.
Sec. 31.
Minnesota Statutes 2020, section 244.065, is amended to read:
244.065 PRIVATE EMPLOYMENT OF new text begin INMATES OR SPECIALIZED
PROGRAMMING FOR PREGNANT new text end INMATES OF STATE CORRECTIONAL
INSTITUTIONS IN COMMUNITY.
new text begin Subdivision 1. new text end
new text begin Work. new text end
When consistent with the public interest and the public safety,
the commissioner of corrections may conditionally release an inmate to work at paid
employment, seek employment, or participate in a vocational training or educational program,
as provided in section 241.26, if the inmate has served at least one half of the term of
imprisonment.
new text begin Subd. 2. new text end
new text begin Pregnancy. new text end
new text begin
(a) In the furtherance of public interest and community safety, the
commissioner of corrections may conditionally release:
new text end
new text begin
(1) for up to one year postpartum, an inmate who gave birth within eight months of the
date of commitment; and
new text end
new text begin
(2) for the duration of the pregnancy and up to one year postpartum, an inmate who is
pregnant.
new text end
new text begin
(b) The commissioner may conditionally release an inmate under paragraph (a) to
community-based programming for the purpose of participation in prenatal or postnatal
care programming and to promote mother-child bonding in addition to other programming
requirements as established by the commissioner, including evidence-based parenting skills
programming; working at paid employment; seeking employment; or participating in
vocational training, an educational program, or chemical dependency or mental health
treatment services.
new text end
new text begin
(c) The commissioner shall develop policy and criteria to implement this subdivision
according to public safety and generally accepted correctional practice.
new text end
new text begin
(d) By April 1 of each year, the commissioner shall report to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over corrections on the number of inmates released and the duration of the release under
this subdivision for the prior calendar year.
new text end
Sec. 32.
Minnesota Statutes 2020, section 244.19, subdivision 3, is amended to read:
Subd. 3.
Powers and duties.
All county probation officers serving a district court shall
act under the orders of the court in reference to any person committed to their care by the
court, and in the performance of their duties shall have the general powers of a peace officer;
and it shall be their duty to make such investigations with regard to any person as may be
required by the court before, during, or after the trial or hearing, and to furnish to the court
such information and assistance as may be required; to take charge of any person before,
during or after trial or hearing when so directed by the court, and to keep such records and
to make such reports to the court as the court may order.
All county probation officers serving a district court shall, in addition, provide probation
and parole services to wards of the commissioner of corrections resident in the counties
they serve, and shall act under the orders of said commissioner of corrections in reference
to any ward committed to their care by the commissioner of corrections.
All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency.
All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections.new text begin The reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).
new text end
Sec. 33.
Minnesota Statutes 2020, section 244.195, subdivision 2, is amended to read:
Subd. 2.
Detention pending hearing.
When it appears necessary to enforce discipline
or to prevent a person on conditional release from escaping or absconding from supervision,
a court services director has the authority to issue a written order directing any peace officer
or any probation officer in the state serving the district and juvenile courts to detain and
bring the person before the court or the commissioner, whichever is appropriate, for
disposition. new text begin If the person on conditional release commits a violation described in section
609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable
belief that the order is necessary to prevent the person from escaping or absconding from
supervision or that the continued presence of the person in the community presents a risk
to public safety before issuing a written order. new text end This written order is sufficient authority for
the peace officer or probation officer to detain the person for not more than 72 hours,
excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the
commissioner.
Sec. 34.
new text begin
[260B.008] USE OF RESTRAINTS.
new text end
new text begin
(a) As used in this section, "restraints" means a mechanical or other device that constrains
the movement of a person's body or limbs.
new text end
new text begin
(b) Restraints may not be used on a child appearing in court in a proceeding under this
chapter unless the court finds that:
new text end
new text begin
(1) the use of restraints is necessary:
new text end
new text begin
(i) to prevent physical harm to the child or another; or
new text end
new text begin
(ii) to prevent the child from fleeing in situations in which the child presents a substantial
risk of flight from the courtroom; and
new text end
new text begin
(2) there are no less restrictive alternatives to restraints that will prevent flight or physical
harm to the child or another, including but not limited to the presence of court personnel,
law enforcement officers, or bailiffs.
new text end
new text begin
The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior or behavior while in custody for any current or
prior offense that has placed others in potentially harmful situations, or presenting a
substantial risk of inflicting physical harm on the child or others as evidenced by past
behavior. The court may take into account the physical structure of the courthouse in
assessing the applicability of the above factors to the individual child.
new text end
new text begin
(c) The court shall be provided the child's behavior history and shall provide the child
an opportunity to be heard in person or through counsel before ordering the use of restraints.
If restraints are ordered, the court shall make findings of fact in support of the order.
new text end
new text begin
(d) By April 1, 2022, each judicial district shall develop a protocol to address how to
implement and comply with this section. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, public defenders within the district, and any
other entity deemed necessary by the district's chief judge.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraphs (a), (b), and (c) are effective April 15, 2022. Paragraph
(d) is effective the day following final enactment.
new text end
Sec. 35.
Minnesota Statutes 2020, section 260B.163, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) Except for hearings arising under section 260B.425, hearings
on any matter shall be without a jury and may be conducted in an informal manner, except
that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury
trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591
and the law of evidence shall apply in adjudicatory proceedings involving a child alleged
to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings
conducted pursuant to section 260B.125 except to the extent that the rules themselves provide
that they do not apply.
(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in accordance with
the provisions of sections 260B.001 to 260B.421.
(c) Except as otherwise provided in this paragraph, the court shall exclude the general
public from hearings under this chapter and shall admit only those persons who, in the
discretion of the court, have a direct interest in the case or in the work of the court. The
court shall permit the victim of a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:
(1) as a witness under the Rules of Criminal Procedure; and
(2) from portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public.
The court shall open the hearings to the public in deleted text begin delinquency ordeleted text end extended jurisdiction
juvenile proceedings where the child is alleged to have committed an offense or has been
proven to have committed an offense that would be a felony if committed by an adult and
the child was at least 16 years of age at the time of the offense, except that the court may
exclude the public from portions of a certification hearing to discuss psychological material
or other evidence that would not be accessible to the public in an adult proceeding.
(d) In all delinquency cases a person named in the charging clause of the petition as a
person directly damaged in person or property shall be entitled, upon request, to be notified
by the court administrator in writing, at the named person's last known address, of (1) the
date of the certification or adjudicatory hearings, and (2) the disposition of the case.
Sec. 36.
new text begin
[260B.1755] ALTERNATIVE TO ARREST OF CERTAIN JUVENILE
OFFENDERS AUTHORIZED.
new text end
new text begin
(a) A peace officer who has probable cause to believe that a child is a petty offender or
delinquent child may refer the child to a program, including restorative programs, that the
law enforcement agency with jurisdiction over the child deems appropriate.
new text end
new text begin
(b) If a peace officer or law enforcement agency refers a child to a program under
paragraph (a), the peace officer or law enforcement agency may defer issuing a citation or
a notice to the child to appear in juvenile court, transmitting a report to the prosecuting
authority, or otherwise initiating a proceeding in juvenile court.
new text end
new text begin
(c) After receiving notice that a child who was referred to a program under paragraph
(a) successfully completed that program, a peace officer or law enforcement agency shall
not issue a citation or a notice to the child to appear in juvenile court, transmit a report to
the prosecuting authority, or otherwise initiate a proceeding in juvenile court for the conduct
that formed the basis of the referral.
new text end
new text begin
(d) This section does not apply to peace officers acting pursuant to an order or warrant
described in section 260B.175, subdivision 1, paragraph (a), or other court order to take a
child into custody.
new text end
Sec. 37.
Minnesota Statutes 2020, section 260B.176, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Risk assessment instrument. new text end
new text begin
If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner of corrections, county, group of counties, or judicial district,
in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention
Alternatives Initiative. The risk assessment instrument must assess the likelihood that a
child released from preadjudication detention under this section or section 260B.178 would
endanger others or not return for a court hearing. The instrument must identify the appropriate
setting for a child who might endanger others or not return for a court hearing pending
adjudication, with either continued detention or placement in a noncustodial
community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk that a
child who is released from custody will endanger others or not return for a court hearing.
If, after using the instrument, a determination is made that the child should be released, the
person taking the child into custody or the supervisor of the facility shall release the child
as provided in subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 15, 2022.
new text end
Sec. 38.
Minnesota Statutes 2020, section 260B.176, subdivision 2, is amended to read:
Subd. 2.
Reasons for detention.
(a) If the child is not released as provided in subdivision
1, the person taking the child into custody shall notify the court as soon as possible of the
detention of the child and the reasons for detention.
new text begin
(b) No child may be detained in a secure detention facility after being taken into custody
for a delinquent act as defined in section 260B.007, subdivision 6, unless the child is over
the age of 12.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end No child may be detained in a juvenile secure detention facility or shelter care
facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being taken
into custody for a delinquent act as defined in section 260B.007, subdivision 6, unless a
petition has been filed and the judge or referee determines pursuant to section 260B.178
that the child shall remain in detention.
deleted text begin (c)deleted text end new text begin (d)new text end No child may be detained in an adult jail or municipal lockup longer than 24
hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail
or municipal lockup in a standard metropolitan statistical area, after being taken into custody
for a delinquent act as defined in section 260B.007, subdivision 6, unless:
(1) a petition has been filed under section 260B.141; and
(2) a judge or referee has determined under section 260B.178 that the child shall remain
in detention.
After August 1, 1991, no child described in this paragraph may be detained in an adult
jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays,
or longer than six hours in an adult jail or municipal lockup in a standard metropolitan
statistical area, unless the requirements of this paragraph have been met and, in addition, a
motion to refer the child for adult prosecution has been made under section 260B.125.
Notwithstanding this paragraph, continued detention of a child in an adult detention facility
outside of a standard metropolitan statistical area county is permissible if:
(i) the facility in which the child is detained is located where conditions of distance to
be traveled or other ground transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this clause; or
(ii) the facility is located where conditions of safety exist. Time for an appearance may
be delayed until 24 hours after the time that conditions allow for reasonably safe travel.
"Conditions of safety" include adverse life-threatening weather conditions that do not allow
for reasonably safe travel.
The continued detention of a child under clause (i) or (ii) must be reported to the
commissioner of corrections.
deleted text begin (d)deleted text end new text begin (e)new text end If a child described in paragraph deleted text begin (c)deleted text end new text begin (d)new text end is to be detained in a jail beyond 24 hours,
excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with rules
and procedures established by the commissioner of corrections, shall notify the commissioner
of the place of the detention and the reasons therefor. The commissioner shall thereupon
assist the court in the relocation of the child in an appropriate juvenile secure detention
facility or approved jail within the county or elsewhere in the state, or in determining suitable
alternatives. The commissioner shall direct that a child detained in a jail be detained after
eight days from and including the date of the original detention order in an approved juvenile
secure detention facility with the approval of the administrative authority of the facility. If
the court refers the matter to the prosecuting authority pursuant to section 260B.125, notice
to the commissioner shall not be required.
deleted text begin (e)deleted text end new text begin (f)new text end When a child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal lockup as
provided in paragraph deleted text begin (c)deleted text end new text begin (d)new text end , the supervisor of the facility shall, if the child's parent or legal
guardian consents, have a children's mental health screening conducted with a screening
instrument approved by the commissioner of human services, unless a screening has been
performed within the previous 180 days or the child is currently under the care of a mental
health professional. The screening shall be conducted by a mental health practitioner as
defined in section 245.4871, subdivision 26, or a probation officer who is trained in the use
of the screening instrument. The screening shall be conducted after the initial detention
hearing has been held and the court has ordered the child continued in detention. The results
of the screening may only be presented to the court at the dispositional phase of the court
proceedings on the matter unless the parent or legal guardian consents to presentation at a
different time. If the screening indicates a need for assessment, the local social services
agency or probation officer, with the approval of the child's parent or legal guardian, shall
have a diagnostic assessment conducted, including a functional assessment, as defined in
section 245.4871.
Sec. 39.
Minnesota Statutes 2020, section 260C.007, subdivision 6, is amended to read:
Subd. 6.
Child in need of protection or services.
"Child in need of protection or
services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,
subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined
in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child
abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as
defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the
child's physical or mental health or morals because the child's parent, guardian, or custodian
is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to provide
that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from an infant with a disability with a life-threatening
condition. The term "withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment, including
appropriate nutrition, hydration, and medication which, in the treating physician's or advanced
practice registered nurse's reasonable medical judgment, will be most likely to be effective
in ameliorating or correcting all conditions, except that the term does not include the failure
to provide treatment other than appropriate nutrition, hydration, or medication to an infant
when, in the treating physician's or advanced practice registered nurse's reasonable medical
judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of
the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved
of the child's care and custody, including a child who entered foster care under a voluntary
placement agreement between the parent and the responsible social services agency under
section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability,
or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;
(11) is a sexually exploited youth;
(12) has committed a delinquent act or a juvenile petty offense before becoming deleted text begin tendeleted text end new text begin 13new text end
years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason of
mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were involuntarily
terminated or whose custodial rights to another child have been involuntarily transferred to
a relative and there is a case plan prepared by the responsible social services agency
documenting a compelling reason why filing the termination of parental rights petition under
section 260C.503, subdivision 2, is not in the best interests of the child.
Sec. 40.
Minnesota Statutes 2020, section 401.025, subdivision 1, is amended to read:
Subdivision 1.
Peace officers and probation officers serving CCA counties.
(a) When
it appears necessary to enforce discipline or to prevent a person on conditional release from
escaping or absconding from supervision, the chief executive officer or designee of a
community corrections agency in a CCA county has the authority to issue a written order
directing any peace officer or any probation officer in the state serving the district and
juvenile courts to detain and bring the person before the court or the commissioner, whichever
is appropriate, for disposition. new text begin If the person on conditional release commits a violation
described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or
designee must have a reasonable belief that the order is necessary to prevent the person
from escaping or absconding from supervision or that the continued presence of the person
in the community presents a risk to public safety before issuing a written order. new text end This written
order is sufficient authority for the peace officer or probation officer to detain the person
for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing
before the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing a peace officer or probation officer
serving the district and juvenile courts to release a person detained under paragraph (a)
within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before
the court or the commissioner. This written order is sufficient authority for the peace officer
or probation officer to release the detained person.
(c) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing any peace officer or any probation
officer serving the district and juvenile courts to detain any person on court-ordered pretrial
release who absconds from pretrial release or fails to abide by the conditions of pretrial
release. A written order issued under this paragraph is sufficient authority for the peace
officer or probation officer to detain the person.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to violations
that occur on or after that date.
new text end
Sec. 41.
Minnesota Statutes 2020, section 401.06, is amended to read:
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.
No county or group of counties electing to provide correctional services pursuant to
sections 401.01 to 401.16 shall be eligible for the subsidy herein provided unless and until
its comprehensive plan shall have been approved by the commissioner. The commissioner
shall, pursuant to the Administrative Procedure Act, promulgate rules establishing standards
of eligibility for counties to receive funds under sections 401.01 to 401.16. To remain eligible
for subsidy counties shall maintain substantial compliance with the minimum standards
established pursuant to sections 401.01 to 401.16 and the policies and procedures governing
the services described in section 401.025 as prescribed by the commissioner. Counties shall
also be in substantial compliance with other correctional operating standards permitted by
law and established by the commissionernew text begin and shall report statistics required by the
commissioner including but not limited to information on individuals convicted as an
extended jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c)new text end .
The commissioner shall review annually the comprehensive plans submitted by participating
counties, including the facilities and programs operated under the plans. The commissioner
is hereby authorized to enter upon any facility operated under the plan, and inspect books
and records, for purposes of recommending needed changes or improvements.
When the commissioner shall determine that there are reasonable grounds to believe
that a county or group of counties is not in substantial compliance with minimum standards,
at least 30 days' notice shall be given the county or counties and a hearing conducted by
the commissioner to ascertain whether there is substantial compliance or satisfactory progress
being made toward compliance. The commissioner may suspend all or a portion of any
subsidy until the required standard of operation has been met.
Sec. 42.
Minnesota Statutes 2020, section 609.14, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
(a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
which warrants the imposing or execution of sentence, the court may without notice revoke
the stay and direct that the defendant be taken into immediate custody.new text begin Revocation should
only be used as a last resort when rehabilitation has failed.
new text end
(b) When it appears that the defendant violated any of the conditions of probation during
the term of the stay, but the term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate probation revocation proceedings
under the Rules of Criminal Procedure at any time within six months after the expiration
of the stay. The court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may conduct a
revocation hearing and take any action authorized under rule 27.04 at any time during or
after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or that a summons be issued in
accordance with paragraph (a), the proceedings to revoke the stay may be concluded and
the summary hearing provided by subdivision 2 may be conducted after the expiration of
the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke
the stay shall not be dismissed on the basis that the summary hearing is conducted after the
term of the stay or after the six-month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or after the six-month period shall
not preclude the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to gain an unfair
advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to violations
that occur on or after that date.
new text end
Sec. 43.
Minnesota Statutes 2020, section 609.14, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Violations where policies favor continued rehabilitation. new text end
new text begin
(a) Correctional
treatment is better provided through a community resource than through confinement, it
would not unduly depreciate the seriousness of the violation if probation was not revoked,
and the policies favoring probation outweigh the need for confinement if a person has not
previously violated a condition of probation or intermediate sanction and does any of the
following in violation of a condition imposed by the court:
new text end
new text begin
(1) fails to abstain from the use of controlled substances without a valid prescription,
unless the person is under supervision for a violation of:
new text end
new text begin
(i) section 169A.20;
new text end
new text begin
(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end
new text begin
(iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or
subdivision 3, clauses (2) to (6);
new text end
new text begin
(2) fails to abstain from the use of alcohol, unless the person is under supervision for a
violation of:
new text end
new text begin
(i) section 169A.20;
new text end
new text begin
(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end
new text begin
(iii) 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or
subdivision 3, clauses (2) to (6);
new text end
new text begin
(3) possesses drug paraphernalia in violation of section 152.092;
new text end
new text begin
(4) fails to obtain or maintain employment;
new text end
new text begin
(5) fails to pursue a course of study or vocational training;
new text end
new text begin
(6) fails to report a change in employment, unless the person is prohibited from having
contact with minors and the employment would involve such contact;
new text end
new text begin
(7) violates a curfew;
new text end
new text begin
(8) fails to report contact with a law enforcement agency, unless the person was charged
with a misdemeanor, gross misdemeanor, or felony; or
new text end
new text begin
(9) commits any offense for which the penalty is a petty misdemeanor.
new text end
new text begin
(b) A violation by a person described in paragraph (a) does not warrant the imposition
or execution of sentence and the court may not direct that the person be taken into immediate
custody unless the court receives a written report, signed under penalty of perjury pursuant
to section 358.116, showing probable cause to believe the person violated probation and
establishing by a preponderance of the evidence that the continued presence of the person
in the community would present a risk to public safety. If the court does not direct that the
person be taken into custody, the court may request a supplemental report from the
supervising agent containing:
new text end
new text begin
(1) the specific nature of the violation;
new text end
new text begin
(2) the response of the person under supervision to the violation, if any; and
new text end
new text begin
(3) the actions the supervising agent has taken or will take to address the violation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to violations
that occur on or after that date.
new text end
Sec. 44.
new text begin
[641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Placement prohibited. new text end
new text begin
After August 1, 2021, a sheriff shall not allow
inmates committed to the custody of the sheriff to be housed in facilities that are not owned
and operated by a local government, or a group of local units of government.
new text end
new text begin Subd. 2. new text end
new text begin Contracts prohibited. new text end
new text begin
The county board may not authorize the sheriff to
contract with privately owned and operated prisons for the care, custody, and rehabilitation
of offenders committed to the custody of the sheriff.
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. 45.
Laws 2017, chapter 95, article 3, section 30, is amended to read:
Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM deleted text begin FUNDdeleted text end .
(a) Agencies providing supervision to offenders on probation, parole, or supervised
release are eligible for deleted text begin grantsdeleted text end new text begin fundingnew text end to facilitate access to community options including,
but not limited to, inpatient chemical dependency treatment for nonviolent controlled
substance offenders to address and correct behavior that is, or is likely to result in, a technical
violation of the conditions of release. For purposes of this section, "nonviolent controlled
substance offender" is a person who meets the criteria described under Minnesota Statutes,
section 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means
a violation of a court order of probation, condition of parole, or condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.
(b) The Department of Corrections shall deleted text begin establish criteria for selecting grant recipients
and the amount awarded to each grant recipientdeleted text end new text begin issue annual funding of $160,000 to each
recipientnew text end .
(c) deleted text begin By January 15, 2019,deleted text end The commissioner of corrections shall submit deleted text begin adeleted text end new text begin an annualnew text end
report to the chairs of the house of representatives and senate committees with jurisdiction
over public safety policy and financenew text begin by January 15 of each yearnew text end . At a minimum, the report
must include:
deleted text begin
(1) the total number of grants issued under this program;
deleted text end
deleted text begin
(2) the average amount of each grant;
deleted text end
deleted text begin (3)deleted text end new text begin (1)new text end the community services accessed as a result of the deleted text begin grantsdeleted text end new text begin fundingnew text end ;
deleted text begin (4)deleted text end new text begin (2)new text end a summary of the type of supervision offenders were under when deleted text begin a grantdeleted text end new text begin fundingnew text end
was used to help access a community option;
deleted text begin (5)deleted text end new text begin (3)new text end the number of individuals who completed, and the number who failed to complete,
programs accessed as a result of this deleted text begin grantdeleted text end new text begin fundingnew text end ; deleted text begin and
deleted text end
deleted text begin (6)deleted text end new text begin (4)new text end the number of individuals who violated the terms of release following participation
in a program accessed as a result of this deleted text begin grantdeleted text end new text begin fundingnew text end , separating technical violations and
new criminal offensesdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) the number of individuals who completed or were discharged from probation after
participating in the program;
new text end
new text begin
(6) the number of individuals identified in clause (5) who committed a new offense after
discharge from the program;
new text end
new text begin
(7) identification of barriers nonviolent controlled substance offenders face in accessing
community services and a description of how the program navigates those barriers; and
new text end
new text begin
(8) identification of gaps in existing community services for nonviolent controlled
substance offenders.
new text end
Sec. 46. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section, the following terms have the meanings
given:
new text end
new text begin
(1) "aiding and abetting" means a person who is criminally liable for a crime committed
by another because that person intentionally aided, advised, hired, counseled, or conspired
with or otherwise procured the other to commit the crime; and
new text end
new text begin
(2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The task force on aiding and abetting felony murder is
established to collect and analyze data on the charging, convicting, and sentencing of people
for aiding and abetting felony murder; assess whether current laws and practices promote
public safety and equity in sentencing; and make recommendations to the legislature.
new text end
new text begin Subd. 3. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(3) the commissioner of corrections or a designee;
new text end
new text begin
(4) the executive director of the Minnesota Sentencing Guidelines Commission or a
designee;
new text end
new text begin
(5) the attorney general or a designee;
new text end
new text begin
(6) the state public defender or a designee;
new text end
new text begin
(7) the statewide coordinator of the Violent Crime Coordinating Council;
new text end
new text begin
(8) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end
new text begin
(9) three county attorneys, appointed by the Minnesota County Attorneys Association;
new text end
new text begin
(10) two members representing victims' rights organizations, appointed by the Office
of Justice Programs director in the Department of Public Safety;
new text end
new text begin
(11) one member of a criminal justice advocacy organization, appointed by the governor;
new text end
new text begin
(12) one member of a statewide civil rights organization, appointed by the governor;
new text end
new text begin
(13) two impacted persons who are directly related to a person who has been convicted
of felony murder, appointed by the governor; and
new text end
new text begin
(14) one person with expertise regarding the laws and practices of other states relating
to aiding and abetting felony murder, appointed by the governor.
new text end
new text begin
(b) Appointments must be made no later than July 30, 2021.
new text end
new text begin
(c) The legislative members identified in paragraph (a), clauses (1) and (2), shall serve
as ex officio, nonvoting members of the task force.
new text end
new text begin
(d) Members shall serve without compensation.
new text end
new text begin
(e) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin
(d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding and abetting
felony murder.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) collect and analyze data on charges, convictions, and sentences for aiding and abetting
felony murder;
new text end
new text begin
(2) collect and analyze data on sentences for aiding and abetting felony murder in which
a person received a mitigated durational departure because the person played a minor or
passive role in the crime or participated under circumstances of coercion or duress;
new text end
new text begin
(3) collect and analyze data on charges, convictions, and sentences for codefendants of
people sentenced for aiding and abetting felony murder;
new text end
new text begin
(4) review relevant state statutes and state and federal court decisions;
new text end
new text begin
(5) receive input from individuals who were convicted of aiding and abetting felony
murder;
new text end
new text begin
(6) receive input from family members of individuals who were victims of felony murder;
new text end
new text begin
(7) analyze the benefits and unintended consequences of Minnesota Statutes and practices
related to the charging, convicting, and sentencing of people for aiding and abetting felony
murder including but not limited to an analysis of whether current statutes and practice:
new text end
new text begin
(i) promote public safety; and
new text end
new text begin
(ii) properly punish people for their role in an offense; and
new text end
new text begin
(8) make recommendations for legislative action, if any, on laws affecting:
new text end
new text begin
(i) the collection and reporting of data; and
new text end
new text begin
(ii) the charging, convicting, and sentencing of people for aiding and abetting felony
murder.
new text end
new text begin
(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
On or before January 15, 2022, the task force shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over criminal sentencing on the findings and
recommendations of the task force.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The task force expires the day after submitting its report under
subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 47. new text begin TITLE.
new text end
new text begin
Sections 5 to 11, 13, 19, 20, and 27 shall be know as the "Hardel Sherrell Act."
new text end
Sec. 48. new text begin CORRECTIONAL SUPERVISION WORKING GROUP; TRIBAL
GOVERNMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
Recognizing the sovereignty of Tribal governments and
the shared state and Tribal interests in providing effective, responsive, and culturally relevant
correctional supervision and services, a working group is established to develop policy,
protocols, and procedures for Minnesota-based federally recognized Indian Tribes to
participate in the Community Corrections Act subsidy program and make recommendations
to the legislature on changes to the law to allow for Tribal supervision.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The working group shall develop comprehensive recommendations
that allow a Minnesota-based federally recognized Indian Tribe, as defined in United States
Code, title 25, section 450b(e), to qualify for a grant provided in Minnesota Statutes, section
401.01, by meeting and agreeing to the requirements in Minnesota Statutes, section 401.02,
subdivision 1, excluding the population requirement. The working group shall:
new text end
new text begin
(1) develop statutory policy language that provides that interested Tribal governments
may participate in the Community Corrections Act grant program;
new text end
new text begin
(2) identify Tribal Community Corrections Act supervision jurisdiction parameters such
as Tribal lands, Tribal enrollment, and recognized Tribal affiliation;
new text end
new text begin
(3) develop a court process for determining whether an individual shall receive
correctional supervision and services from a Tribal Community Corrections Act authority;
new text end
new text begin
(4) develop an effective and relevant formula for determining the amount of community
corrections aid to be paid to a participating Tribal government; and
new text end
new text begin
(5) develop legislation to establish conformance with all other requirements in the
Community Corrections Act.
new text end
new text begin Subd. 3. new text end
new text begin Members. new text end
new text begin
The working group must include the following members:
new text end
new text begin
(1) the commissioner of corrections, or designee;
new text end
new text begin
(2) the commissioner of human services, or designee;
new text end
new text begin
(3) the attorney general, or designee;
new text end
new text begin
(4) a representative of each Minnesota-based federally recognized Indian Tribe appointed
by each Tribe;
new text end
new text begin
(5) a representative appointed by the governor;
new text end
new text begin
(6) a representative appointed by the speaker of the house;
new text end
new text begin
(7) a representative appointed by the senate majority leader;
new text end
new text begin
(8) a representative of the State Court Administrators Office appointed by the state court
administrator;
new text end
new text begin
(9) Department of Corrections, executive officer of hearings and release;
new text end
new text begin
(10) Department of Corrections, director of field services;
new text end
new text begin
(11) a representative of the Minnesota Indian Affairs Council appointed by the council;
and
new text end
new text begin
(12) one representative appointed by each of the following associations:
new text end
new text begin
(i) the Minnesota Association of Community Corrections Act Counties;
new text end
new text begin
(ii) the Minnesota Association of County Probation Officers;
new text end
new text begin
(iii) the Minnesota Sheriffs' Association;
new text end
new text begin
(iv) the Minnesota County Attorney's Association; and
new text end
new text begin
(v) the Association of Minnesota Counties.
new text end
new text begin Subd. 4. new text end
new text begin Meetings. new text end
new text begin
The commissioner of corrections or a designee shall convene the
first meeting of the working group no later than October 15, 2021. Members of the working
group shall elect a chair from among the group's members at the first meeting, and the
commissioner of corrections or a designee shall serve as the working group's chair until a
chair is elected.
new text end
new text begin Subd. 5. new text end
new text begin Compensation. new text end
new text begin
Members of the working group shall serve without
compensation.
new text end
new text begin Subd. 6. new text end
new text begin Administrative support. new text end
new text begin
The commissioner of corrections shall provide
administrative support staff and meeting space for the working group.
new text end
new text begin Subd. 7. new text end
new text begin Report. new text end
new text begin
The working group shall prepare and submit a report to the chairs of
the house of representatives and senate committees and divisions with jurisdiction over
public safety not later than March 15, 2022. The working group's report shall minimally
include statutory policy language that provides that interested Tribal governments may
participate in the Community Corrections Act grant program.
new text end
new text begin Subd. 8. new text end
new text begin Expiration. new text end
new text begin
The working group expires the earlier of March 16, 2022, or the
day after the working group submits the report under subdivision 7.
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
ARTICLE 4
MINNESOTA REHABILITATION AND REINVESTMENT ACT
Section 1.
Minnesota Statutes 2020, section 244.03, is amended to read:
244.03 REHABILITATIVE PROGRAMS.
The commissioner shall deleted text begin provide appropriate mental health programs and vocational and
educational programs with employment-related goals for inmates. The selection, design
and implementation of programs under this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds appropriated for such
programsdeleted text end new text begin develop, implement, and provide appropriate substance abuse treatment programs;
sexual offender treatment programming; domestic abuse programming; medical and mental
health services; and vocational, employment and career, educational, and other rehabilitative
programs for persons committed to the authority of the commissionernew text end .
new text begin
While evidence-based programs shall be prioritized, the selection, design, and
implementation of programs under this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds appropriated for the
programs under this section.
new text end
No action challenging the level of expenditures for programs authorized under this
section, nor any action challenging the selection, design or implementation of these programs,
including employee assignments, may be maintained by an deleted text begin inmatedeleted text end new text begin incarcerated personnew text end in
any court in this state.
The commissioner may impose disciplinary sanctions upon any deleted text begin inmatedeleted text end new text begin incarcerated
personnew text end who refuses to participate in rehabilitative programs.
Sec. 2.
new text begin
[244.031] REHABILITATIVE NEED ASSESSMENT AND
INDIVIDUALIZED PROGRAM PLAN REQUIRED.
new text end
new text begin
(a) The commissioner shall develop a comprehensive need assessment process for each
person who is serving a fixed term of imprisonment in a state correctional facility on or
after August 1, 2021, and has 365 days or more remaining until the person's scheduled
supervised release date.
new text end
new text begin
(b) Upon completion of the assessment process, the commissioner shall ensure the
development of an individualized program plan, along with identified goals for every person
committed to the authority of the Department of Corrections. The individualized program
plan shall be holistic in nature in that it identifies intended outcomes for addressing the
incarcerated person's needs and risk factors, the individual's identified strengths, and available
and needed community supports, including victim safety considerations as required in
section 244.0552, if applicable.
new text end
new text begin
(c) When an individual is committed to the custody of the commissioner for a crime
resulting in harm against a person or persons, the commissioner shall provide opportunity
for input during the assessment and program plan process. Victim input may include a
summary of victim concerns relative to release, concerns related to victim safety during the
committed person's term of imprisonment, and requests for imposition of victim safety
protocols as additional conditions of imprisonment or supervised release.
new text end
new text begin
(d) The commissioner shall consider victim input statements in program planning and
establishing conditions governing confinement or release.
new text end
new text begin
(e) For an individual with less than 365 days remaining until the individual's supervised
release date, the commissioner, in consultation with the incarcerated individual, shall develop
a transition and release plan.
new text end
Sec. 3.
new text begin
[244.032] EARNED INCENTIVE RELEASE.
new text end
new text begin
(a) For the purposes of this section, "earned incentive release" means release credit that
is earned and subtracted from the term of imprisonment for completion of objectives
established by an incarcerated person's individualized program plan.
new text end
new text begin
(b) To encourage and support rehabilitation when consistent with public interest and
public safety, the commissioner of corrections, in consultation with the Minnesota County
Attorney's Association, Minnesota Board of Public Defense, Minnesota Association of
Community Corrections Act Counties, Minnesota Indian Women's Sexual Assault Coalition,
Violence Free Minnesota, Minnesota Coalition Against Sexual Assault, Minnesota Alliance
on Crime, the Minnesota Sheriff's Association, Minnesota Chiefs of Police Association,
and the Minnesota Police and Peace Officers Association, shall establish policy providing
for earned incentive release credit and forfeiture of the credit as part of the term of
imprisonment. The policy shall:
new text end
new text begin
(1) provide circumstances upon which an incarcerated person may earn incentive release
credits, including participation in rehabilitative programming as required under section
244.031; and
new text end
new text begin
(2) address those circumstances where (i) the capacity to provide treatment programming
in the correctional facility is diminished but the services are available to the community,
and (ii) the conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner and
considered for earned incentive release credit.
new text end
new text begin
(c) The commissioner shall also develop a policy establishing a process for assessing
and addressing any systemic and programmatic gender and racial disparities that may be
identified in the award of earned incentive release credits.
new text end
Sec. 4.
new text begin
[244.033] APPLICATION OF EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin
(a) Earned incentive release credits shall be subtracted from the term of imprisonment
but shall not be added to the person's supervised release term. In no case shall the credit
reduce the term of imprisonment to less than one-half of the incarcerated person's executed
sentence.
new text end
new text begin
(b) The earned incentive release program is separate and distinct from other legislatively
authorized release programs, including the challenge incarceration program, work release,
conditional medical release, or Conditional Release of Nonviolent Controlled Substance
Offenders program, which may have unique statutory requirements and obligations.
new text end
Sec. 5.
new text begin
[244.034] CERTAIN OFFENSES INELIGIBLE FOR EARNED INCENTIVE
RELEASE CREDIT.
new text end
new text begin
(a) A person committed to the commissioner for any of the following offenses shall be
ineligible for earned incentive release credit under sections 244.031 to 244.033:
new text end
new text begin
(1) section 609.185, first degree murder, or 609.19, murder in the second degree;
new text end
new text begin
(2) section 609.195, murder in the third degree, or 609.221, assault in the first degree;
new text end
new text begin
(3) section 609.342, first degree criminal sexual conduct, 609.343, second degree criminal
sexual conduct, or 609.344, third degree criminal sexual conduct, if the offense was
committed with force or violence;
new text end
new text begin
(4) section 609.3455, subdivision 5, dangerous sex offenders, where the court shall
specify a minimum term of imprisonment, based on the sentencing guidelines or any
applicable mandatory minimum sentence, that must be served before the offender may be
considered for supervised release;
new text end
new text begin
(5) section 609.229, subdivision 4, paragraph (b), crimes committed for the benefit of
a gang where any person convicted and sentenced as required by section 609.229, subdivision
4, paragraph (a), is not eligible for probation, parole, discharge, work release, or supervised
release until that person has served the full term of imprisonment as provided by law;
new text end
new text begin
(6) section 152.026 where a person with a mandatory minimum sentence imposed for
a first or second degree controlled substance crime is not eligible for probation, parole,
discharge, or supervised release until that person has served the full term of imprisonment
as provided by law;
new text end
new text begin
(7) a person who was convicted in any other jurisdiction of a crime and the person's
supervision was transferred to this state;
new text end
new text begin
(8) section 243.166, subdivision 5, paragraph (e), predatory offender registration;
new text end
new text begin
(9) section 609.11, subdivision 6, use of firearm or dangerous weapon during the
commission of certain offenses;
new text end
new text begin
(10) section 609.221, subdivision 2, paragraph (b), use of deadly force against a peace
officer, prosecutor, judge, or correctional employee;
new text end
new text begin
(11) section 609.2231, subdivision 3a, paragraph (d), assault against secure treatment
personnel; and
new text end
new text begin
(12) a person subject to a conditional release term under section 609.3455, subdivisions
6 and 7, whether on the present offense or previous offense for which a term of conditional
release remains.
new text end
new text begin
(b) Persons serving life sentences, persons given indeterminate sentences for crimes
committed on or before April 30, 1980, or persons subject to good time under section 244.04,
or similar laws are ineligible for earned incentive release credit.
new text end
Sec. 6.
Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:
Subd. 1b.
Supervised release; offenders who commit crimes on or after August 1,
1993.
(a) Except as provided in subdivisions 4 and 5, every inmate sentenced to prison for
a felony offense committed on or after August 1, 1993, shall serve a supervised release term
upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any disciplinary rule
adopted by the commissioner or refusal to participate in a rehabilitative program required
under section 244.03. The amount of time the inmate serves on supervised release shall be
equal in length to the amount of time remaining in the inmate's executed sentence after the
inmate has served the term of imprisonment new text begin reduced by any earned incentive release credit
new text end and any disciplinary confinement period imposed by the commissioner.
(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive deleted text begin segregationdeleted text end new text begin restrictive housingnew text end
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.
Sec. 7.
new text begin
[244.0551] EARNED COMPLIANCE CREDIT AND SUPERVISION
ABATEMENT STATUS.
new text end
new text begin
(a) For the purposes of this section, the following terms have the meanings given them:
new text end
new text begin
(1) "supervision abatement status" means an end to active correctional supervision of a
supervised individual without effect on the legal expiration date of the executed sentence
less any earned incentive release credit; and
new text end
new text begin
(2) "earned compliance credit" means a one-month reduction from the period of active
supervision of the supervised release term for every two months that a supervised individual
exhibits compliance with the conditions and goals of the individual's supervision plan.
new text end
new text begin
(b) The commissioner of corrections shall adopt policy providing for earned compliance
credit and forfeiture of the credit. The commissioner shall adjust the period of an individual's
supervised release term for earned compliance credits accrued under a program created
under this section. Once a combination of time served, earned incentive credit, along with
a term of supervision and earned compliance credits equal the supervised release term, the
commissioner shall place the individual on supervision abatement status.
new text end
new text begin
(c) A person whose period of active supervision has been completely reduced as a result
of earned compliance credits shall remain on supervision abatement status until the expiration
of the executed sentence, less any earned incentive release credit. If an individual is on
supervision abatement status and is charged with a new presumptive commit felony-level
crime against a person, the commissioner may return the individual to active supervision
and impose any additional sanctions, up to and including revocation from supervised release
and return to the custody of the commissioner.
new text end
new text begin
(d) A person who is placed on supervision abatement status under this section may not
be required to regularly report to a supervised release agent or pay a supervision fee but
must continue to obey all laws, report any new criminal charges, and abide by section
243.1605 before seeking written authorization to relocate to another state.
new text end
new text begin
(e) This section does not apply to persons serving life sentences, persons given
indeterminate sentences for crimes committed on or before April 30, 1980, or persons subject
to good time under section 244.04, or similar laws.
new text end
Sec. 8.
new text begin
[244.0552] VICTIM INPUT.
new text end
new text begin
When an individual is committed to the custody of the commissioner for a crime of
violence and is eligible for earned incentive release credit under section 244.032, the
commissioner shall make reasonable efforts to notify the victim of the committed person's
eligibility for earned incentive release. Victim input may include a summary of victim
concerns relative to earned incentive release eligibility, concerns related to victim safety
during the committed person's term of imprisonment, and requests for imposition of victim
safety protocols as additional conditions of imprisonment or supervised release.
new text end
new text begin
The commissioner shall consider victim input statements in establishing requirements
governing conditions of release. The commissioner shall provide the name and telephone
number of the local victim agency serving the jurisdiction of release to any victim providing
input on earned incentive release.
new text end
Sec. 9.
new text begin
[244.0553] VICTIM NOTIFICATION.
new text end
new text begin
Nothing in sections 244.031 to 244.033 or 244.0551 to 244.0554 limits any victim
notification obligations of the commissioner of corrections required by statute related to a
change in custody status, committing offense, end of confinement review, or notification
registration.
new text end
Sec. 10.
new text begin
[244.0554] INTERSTATE COMPACT.
new text end
new text begin
As may be allowed by compact requirements established in section 243.1605, a person
subject to supervision on a Minnesota sentence in another state under the Interstate Compact
for Adult Offender Supervision may be eligible for supervision abatement status pursuant
to this chapter only if they meet eligibility criteria as established in this section and certified
by a supervising entity in another state.
new text end
Sec. 11.
new text begin
[244.0555] REALLOCATION OF EARNED INCENTIVE RELEASE
SAVINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section the terms in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Commissioner" means the commissioner of corrections.
new text end
new text begin
(c) "Offender daily cost" means the actual nonsalary expenditures, including
encumbrances as of July 31 following the end of the fiscal year, from the Department of
Corrections expense budgets for case management, food preparation, food provisions,
offender personal support including clothing, linen and other personal supplies, transportation,
dental care, nursing services, and professional technical contracted health care services.
new text end
new text begin
(d) "Incarcerated days saved" means the number of days of an incarcerated person's
original sentence minus the number of actual days served, excluding days not served due
to death or as a result of time earned in the Challenge Incarceration Program under sections
244.17 to 244.173.
new text end
new text begin
(e) "Earned incentive release per day cost savings" means the calculation of the total
actual expenses identified in paragraph (c) divided by the average daily population, divided
by 365 days, which reflects the daily cost per person.
new text end
new text begin
(f) "Earned incentive release savings" means the calculation of the offender daily cost
multiplied by the number of incarcerated days saved for the period of one fiscal year.
new text end
new text begin Subd. 2. new text end
new text begin Establishment of reallocation revenue account. new text end
new text begin
The reallocation of earned
incentive release savings account is established in the special revenue fund in the state
treasury. Funds in the account are appropriated to the commissioner and shall be expended
in accordance with the allocation established in subdivision 5, once the requirements of
subdivision 3 are met. Funds in the account are available until expended.
new text end
new text begin Subd. 3. new text end
new text begin Certification of earned incentive release savings. new text end
new text begin
On or before the final
closeout date of each fiscal year, the commissioner shall certify to Minnesota Management
and Budget the earned incentive release savings from the previous fiscal year. The
commissioner shall provide the detailed calculation substantiating the savings amount,
including accounting system-generated data where possible, supporting the offender daily
cost and the incarcerated days saved.
new text end
new text begin Subd. 4. new text end
new text begin Savings to be transferred to the reallocation revenue account. new text end
new text begin
After the
certification in subdivision 3 is completed, the commissioner shall transfer funds from the
appropriation from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 5. Transfers shall occur before the final closeout each year.
new text end
new text begin Subd. 5. new text end
new text begin Distribution of reallocation funds. new text end
new text begin
The commissioner shall distribute funds
as follows:
new text end
new text begin
(1) 25 percent shall be transferred to the Office of Justice Programs in the Department
of Public Safety for crime victim services;
new text end
new text begin
(2) 25 percent shall be transferred to the Community Corrections Act subsidy
appropriation and to the Department of Corrections for supervised release and intensive
supervision services, based upon a three-year average of the release jurisdiction of supervised
releasees and intensive supervised releasees across the state;
new text end
new text begin
(3) 25 percent shall be transferred to the Department of Corrections for grants to develop
and invest in community-based services that support the identified needs of correctionally
involved individuals or individuals at risk of criminal justice system involvement, and for
sustaining the operation of evidence-based programming and domestic abuse programming
in state and local correctional facilities; and
new text end
new text begin
(4) 25 percent shall be transferred to the general fund.
new text end
Sec. 12.
new text begin
[244.0556] REPORTING REQUIRED.
new text end
new text begin
(a) Beginning January 15, 2022, and by January 15 each year thereafter for a period of
ten years, the commissioner of corrections shall provide a 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 requirements in this section
for the previous fiscal year. The report shall also be provided to the sitting president of the
Minnesota Association of Community Corrections Act Counties and the executive directors
of the Minnesota Sentencing Guidelines Commission, the Minnesota Indian Women's Sexual
Assault Coalition, the Minnesota Alliance on Crime, Violence Free Minnesota, the Minnesota
Coalition Against Sexual Assault, and the Minnesota County Attorney Association. The
report shall include but not be limited to:
new text end
new text begin
(1) a qualitative description of program development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and ensure that
the program does not create or exacerbate gender, racial, and ethnic disparities; the number,
reason, and background of those in the prison population deemed ineligible for participation
in the program; and proposed mechanisms for projecting future program savings and
reallocation of savings;
new text end
new text begin
(2) the number of persons granted earned incentive release, the total number of days of
incentive release earned, a summary of committing offenses for those individuals who
earned incentive release, the most recent calculated per diem, and the demographic data for
all persons eligible for earned incentive release and the reasons and demographic data of
those eligible individuals for whom earned incentive release was unearned or denied;
new text end
new text begin
(3) the number of persons who earned supervision abatement status, the total number
of days of supervision abatement earned, the committing offenses for those individuals
granted supervision abatement status, the number of revocations for reoffense while on
supervision abatement status, and the demographic data for all persons eligible for, considered
for, granted, or denied supervision abatement status and the reasons supervision abatement
status was unearned or denied; and
new text end
new text begin
(4) the number of victims who submitted input, the number of referrals to local
victim-serving agencies, and a summary of the kinds of victim services requested.
new text end
new text begin
(b) The commissioner shall solicit feedback on victim-related operational concerns as
it relates to the application earned incentive release and supervision abatement status options
from the Minnesota Indian Women's Sexual Assault Coalition, Minnesota Alliance on
Crime, Minnesota Coalition Against Sexual Assault, and Violence Free Minnesota. A
summary of the feedback from these organizations shall be included in the annual report
under paragraph (a).
new text end
new text begin
(c) The commissioner shall direct the Department of Corrections' research unit to perform
regular evaluation of the earned incentive release program and publish findings on the
Department of Corrections' website and in the annual report under paragraph (a).
new text end
Sec. 13. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 12 are effective August 1, 2021, and apply to persons sentenced to a fixed
executed sentence or to persons serving a fixed term of imprisonment in a state correctional
facility on or after that date.
new text end
ARTICLE 5
CRIMINAL SEXUAL CONDUCT REFORM
Section 1.
Minnesota Statutes 2020, section 609.2325, is amended to read:
609.2325 CRIMINAL ABUSE.
Subdivision 1.
Crimes.
deleted text begin (a)deleted text end A caregiver who, with intent to produce physical or mental
pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation
procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse
and may be sentenced as provided in subdivision 3.
This deleted text begin paragraphdeleted text end new text begin subdivisionnew text end does not apply to therapeutic conduct.
deleted text begin
(b) A caregiver, facility staff person, or person providing services in a facility who
engages in sexual contact or penetration, as defined in section 609.341, under circumstances
other than those described in sections 609.342 to 609.345, with a resident, patient, or client
of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision
3.
deleted text end
Subd. 2.
Exemptions.
For the purposes of this section, a vulnerable adult is not abused
for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition
and hydration parenterally or through intubation; this paragraph does not enlarge or diminish
rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;new text begin or
new text end
(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adultdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a
person, including a facility staff person, when a consensual sexual personal relationship
existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed prior to the caregiving
relationship.
deleted text end
Subd. 3.
Penalties.
deleted text begin (a)deleted text end A person who violates subdivision 1deleted text begin , paragraph (a),deleted text end may be
sentenced as follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for not more than
15 years or payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than ten years or
payment of a fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not
more than five years or payment of a fine of not more than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year or payment of a fine of not
more than $3,000, or both.
deleted text begin
(b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more than $3,000, or both.
deleted text end
Sec. 2.
Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
Subd. 3.
Force.
"Force" means new text begin either: (1) new text end the inflictiondeleted text begin ,deleted text end new text begin by the actor of bodily harm; or
(2) thenew text end attempted infliction, or threatened infliction by the actor of bodily harm or commission
or threat of any other crime by the actor against the complainant or another, which deleted text begin (a)deleted text end causes
the complainant to reasonably believe that the actor has the present ability to execute the
threat deleted text begin and (b) if the actor does not have a significant relationship to the complainant, also
causes the complainant to submitdeleted text end .
Sec. 3.
Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
Subd. 7.
Mentally incapacitated.
"Mentally incapacitated" meansnew text begin :
new text end
new text begin (1)new text end that a person under the influence of alcohol, a narcotic, anesthetic, or any other
substance, administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetrationnew text begin ; or
new text end
new text begin (2) that a person is under the influence of an intoxicating substance to a degree that
renders them incapable of consenting or incapable of appreciating, understanding, or
controlling the person's conductnew text end .
Sec. 4.
Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
Subd. 11.
Sexual contact.
(a) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (a) to deleted text begin (f)deleted text end new text begin (e), and subdivision 1a, clauses (a) to (f) and (i)new text end , and 609.345,
subdivision 1, clauses (a) to deleted text begin (e),deleted text end new text begin (d)new text end and deleted text begin (h) to (p)deleted text end new text begin (i), and subdivision 1a, clauses (a) to (e),
(h), and (i)new text end , includes any of the following acts committed without the complainant's consent,
except in those cases where consent is not a defense, and committed with sexual or aggressive
intent:
(i) the intentional touching by the actor of the complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts effected by a person in a current or recent position of authority, or by coercion, or by
inducement if the complainant is under deleted text begin 13deleted text end new text begin 14new text end years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate parts effected by coercion or
by a person in a current or recent position of authority, or
(iv) in any of the cases above, the touching of the clothing covering the immediate area
of the intimate parts, or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.
(b) "Sexual contact," for the purposes of sections 609.343, subdivision deleted text begin 1deleted text end new text begin 1anew text end , clauses (g)
and (h), and 609.345, subdivision deleted text begin 1deleted text end new text begin 1anew text end , clauses (f) and (g), includes any of the following
acts committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts;
(iii) the touching by another of the complainant's intimate parts;
(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts; or
(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.
(c) "Sexual contact with a person under deleted text begin 13deleted text end new text begin 14new text end " means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening
of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.
Sec. 5.
Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:
Subd. 12.
Sexual penetration.
"Sexual penetration" means any of the following acts
committed without the complainant's consent, except in those cases where consent is not a
defense, whether or not emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
(2) any intrusion however slight into the genital or anal openings:
(i) of the complainant's body by any part of the actor's body or any object used by the
actor for this purpose;
(ii) of the complainant's body by any part of the body of the complainant, by any part
of the body of another person, or by any object used by the complainant or another person
for this purpose, when effected by a person in a current or recent position of authority, or
by coercion, or by inducement if the child is under deleted text begin 13deleted text end new text begin 14new text end years of age or mentally impaired;
or
(iii) of the body of the actor or another person by any part of the body of the complainant
or by any object used by the complainant for this purpose, when effected by a person in a
current or recent position of authority, or by coercion, or by inducement if the child is under
deleted text begin 13deleted text end new text begin 14new text end years of age or mentally impaired.
Sec. 6.
Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:
Subd. 14.
Coercion.
"Coercion" means the use by the actor of words or circumstances
that cause the complainant reasonably to fear deleted text begin that the actor will inflictdeleted text end new text begin the infliction ofnew text end bodily
harm upon the complainant or another, or the use by the actor of confinement, or superior
size or strength, against the complainant deleted text begin that causes the complainant to submit to sexual
penetration or contact against the complainant's willdeleted text end new text begin to accomplish the actnew text end . Proof of coercion
does not require proof of a specific act or threat.
Sec. 7.
Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:
Subd. 15.
Significant relationship.
"Significant relationship" means a situation in which
the actor is:
(1) the complainant's parent, stepparent, or guardian;
(2) any of the following persons related to the complainant by blood, marriage, or
adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece,
grandparent, great-grandparent, great-uncle, great-aunt; deleted text begin or
deleted text end
(3) an adult who jointly resides intermittently or regularly in the same dwelling as the
complainant and who is not the complainant's spousenew text begin ; or
new text end
new text begin (4) an adult who is or was involved in a significant romantic or sexual relationship with
the parent of a complainantnew text end .
Sec. 8.
Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to
read:
new text begin Subd. 24. new text end
new text begin Prohibited occupational relationship. new text end
new text begin
A "prohibited occupational
relationship" exists when the actor is in one of the following occupations and the act takes
place under the specified circumstances:
new text end
new text begin
(1) the actor performed massage or other bodywork for hire, the sexual penetration or
sexual contact occurred during or immediately before or after the actor performed or was
hired to perform one of those services for the complainant, and the sexual penetration or
sexual contact was nonconsensual; or
new text end
new text begin
(2) the actor and the complainant were in one of the following occupational relationships
at the time of the act. Consent by the complainant is not a defense:
new text end
new text begin
(i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual
penetration or sexual contact occurred during a psychotherapy session or during a period
of time when the psychotherapist-patient relationship was ongoing;
new text end
new text begin
(ii) the actor was a psychotherapist and the complainant was the actor's former patient
who was emotionally dependent on the actor;
new text end
new text begin
(iii) the actor was or falsely impersonated a psychotherapist, the complainant was the
actor's patient or former patient, and the sexual penetration or sexual contact occurred by
means of therapeutic deception;
new text end
new text begin
(iv) the actor was or falsely impersonated a provider of medical services to the
complainant and the sexual penetration or sexual contact occurred by means of deception
or false representation that the sexual penetration or sexual contact was for a bona fide
medical purpose;
new text end
new text begin
(v) the actor was or falsely impersonated a member of the clergy, the complainant was
not married to the actor, the complainant met with the actor in private seeking or receiving
religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or
sexual contact occurred during the course of the meeting or during a period of time when
the meetings were ongoing;
new text end
new text begin
(vi) the actor provided special transportation service to the complainant and the sexual
penetration or sexual contact occurred during or immediately before or after the actor
transported the complainant;
new text end
new text begin
(vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84,
the actor physically or constructively restrained the complainant or the complainant did not
reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact
was not pursuant to a lawful search or lawful use of force;
new text end
new text begin
(viii) the actor was an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but
not limited to jails, prisons, detention centers, or work release facilities, and the complainant
was a resident of a facility or under supervision of the correctional system;
new text end
new text begin
(ix) the complainant was enrolled in a secondary school and:
new text end
new text begin
(A) the actor was a licensed educator employed or contracted to provide service for the
school at which the complainant was a student;
new text end
new text begin
(B) the actor was age 18 or older and at least 48 months older than the complainant and
was employed or contracted to provide service for the secondary school at which the
complainant was a student; or
new text end
new text begin
(C) the actor was age 18 or older and at least 48 months older than the complainant, and
was a licensed educator employed or contracted to provide services for an elementary,
middle, or secondary school;
new text end
new text begin
(x) the actor was a caregiver, facility staff person, or person providing services in a
facility, as defined under section 609.232, subdivision 3, and the complainant was a
vulnerable adult who was a resident, patient, or client of the facility who was impaired in
judgment or capacity by mental or emotional dysfunction or undue influence; or
new text end
new text begin
(xi) the actor was a caregiver, facility staff person, or person providing services in a
facility, and the complainant was a resident, patient, or client of the facility. This clause
does not apply if a consensual sexual personal relationship existed prior to the caregiving
relationship or if the actor was a personal care attendant.
new text end
Sec. 9.
Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision to
read:
new text begin Subd. 25. new text end
new text begin Caregiver. new text end
new text begin
"Caregiver" has the meaning given in section 609.232, subdivision
2.
new text end
Sec. 10.
Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:
new text begin Subd. 26. new text end
new text begin Facility. new text end
new text begin
"Facility" has the meaning given in section 609.232, subdivision 3.
new text end
Sec. 11.
Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:
new text begin Subd. 27. new text end
new text begin Vulnerable adult. new text end
new text begin
"Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end
Sec. 12.
Minnesota Statutes 2020, section 609.342, is amended to read:
609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Subdivision 1.
new text begin Adult victim; new text end crime defined.
A person who engages in sexual penetration
with another persondeleted text begin , or in sexual contact with a person under 13 years of age as defined in
section 609.341, subdivision 11, paragraph (c),deleted text end is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:
deleted text begin
(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
deleted text end
deleted text begin
(b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in a current or recent position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
deleted text begin (d)deleted text end new text begin (b)new text end the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;
deleted text begin (e)deleted text end new text begin (c)new text end the actor causes personal injury to the complainant, and deleted text begin eitherdeleted text end new text begin anynew text end of the following
circumstances exist:
(i) the actor uses deleted text begin force ordeleted text end coercion to accomplish the act; deleted text begin or
deleted text end
new text begin
(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end
deleted text begin (ii)deleted text end new text begin (iii)new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text begin
(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
new text end
deleted text begin (f)deleted text end new text begin (e)new text end the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
(i)new text begin the actor ornew text end an accomplice uses force or coercion to cause the complainant to submit;
or
(ii)new text begin the actor ornew text end an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to
submitdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense; or
deleted text end
deleted text begin
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the act, and:
deleted text end
deleted text begin
(i) the actor or an accomplice used force or coercion to accomplish the act;
deleted text end
deleted text begin
(ii) the complainant suffered personal injury; or
deleted text end
deleted text begin
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end
deleted text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end
new text begin Subd. 1a. new text end
new text begin Victim under the age of 18; crime defined. new text end
new text begin
A person who engages in
penetration with anyone under 18 years of age or sexual contact with a person under 14
years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal
sexual conduct in the first degree if any of the following circumstances exists:
new text end
new text begin
(a) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end
new text begin
(b) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
new text end
new text begin
(c) the actor causes personal injury to the complainant, and any of the following
circumstances exist:
new text end
new text begin
(i) the actor uses coercion to accomplish the act;
new text end
new text begin
(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end
new text begin
(iii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end
new text begin
(d) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
new text end
new text begin
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end
new text begin
(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
new text end
new text begin
(e) the complainant is under 14 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
new text end
new text begin
(f) the complainant is at least 14 years of age but less than 16 years of age and:
new text end
new text begin
(i) the actor is more than 36 months older than the complainant; and
new text end
new text begin
(ii) the actor is in a current or recent position of authority over the complainant.
new text end
new text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense;
new text end
new text begin
(g) the complainant was under 16 years of age at the time of the act and the actor has a
significant relationship to the complainant. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense;
new text end
new text begin
(h) the complainant was under 16 years of age at the time of the act, and the actor has
a significant relationship to the complainant and any of the following circumstances exist:
new text end
new text begin
(i) the actor or an accomplice used force or coercion to accomplish the act;
new text end
new text begin
(ii) the complainant suffered personal injury; or
new text end
new text begin
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
new text end
new text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense; or
new text end
new text begin
(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
new text end
Subd. 2.
Penalty.
(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text begin or subdivision 1a
new text end may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of
not more than $40,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 144 months must be imposed on an offender convicted
of violating this section. Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under
section 609.3455.
Subd. 3.
Stay.
Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1deleted text end new text begin 1anew text end ,
clause (g), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.
Sec. 13.
Minnesota Statutes 2020, section 609.343, is amended to read:
609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.
Subdivision 1.
new text begin Adult victim; new text end crime defined.
A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the second degree if any of the
following circumstances exists:
deleted text begin
(a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
deleted text end
deleted text begin
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
deleted text begin (d)deleted text end new text begin (b)new text end the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the dangerous weapon to cause the complainant to submit;
deleted text begin (e)deleted text end new text begin (c)new text end the actor causes personal injury to the complainant, and deleted text begin eitherdeleted text end new text begin anynew text end of the following
circumstances exist:
(i) the actor uses deleted text begin force ordeleted text end coercion to accomplish the sexual contact; deleted text begin or
deleted text end
new text begin
(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end
deleted text begin (ii)deleted text end new text begin (iii)new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text begin
(d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
new text end
deleted text begin (f)deleted text end new text begin (e)new text end the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
(i) new text begin the actor or new text end an accomplice uses force or coercion to cause the complainant to submit;
or
(ii) new text begin the actor or new text end an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to
submitdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin
(g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or
deleted text end
deleted text begin
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
deleted text end
deleted text begin
(i) the actor or an accomplice used force or coercion to accomplish the contact;
deleted text end
deleted text begin
(ii) the complainant suffered personal injury; or
deleted text end
deleted text begin
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end
deleted text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end
new text begin Subd. 1a. new text end
new text begin Victim under the age of 18; crime defined. new text end
new text begin
A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second
degree if any of the following circumstances exists:
new text end
new text begin
(a) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end
new text begin
(b) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;
new text end
new text begin
(c) the actor causes personal injury to the complainant, and any of the following
circumstances exist:
new text end
new text begin
(i) the actor uses coercion to accomplish the sexual contact;
new text end
new text begin
(ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end
new text begin
(iii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end
new text begin
(d) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
new text end
new text begin
(i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end
new text begin
(ii) the actor or an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
new text end
new text begin
(e) the complainant is under 14 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
new text end
new text begin
(f) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
new text end
new text begin
(g) the complainant was under 16 years of age at the time of the sexual contact and the
actor has a significant relationship to the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense;
new text end
new text begin
(h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
new text end
new text begin
(i) the actor or an accomplice used force or coercion to accomplish the contact;
new text end
new text begin
(ii) the complainant suffered personal injury; or
new text end
new text begin
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
new text end
new text begin
Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense; or
new text end
new text begin
(i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
new text end
Subd. 2.
Penalty.
(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text begin or subdivision 1a
new text end may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of
not more than $35,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 90 months must be imposed on an offender convicted
of violating subdivision 1, clause new text begin (a), (b), new text end (c), (d), new text begin or new text end (e)deleted text begin , (f),deleted text end new text begin or subdivision 1a, clause (a),
(b), (c), (d),new text end deleted text begin ordeleted text end (h)new text begin , or (i)new text end . Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject to conditional release under
section 609.3455.
Subd. 3.
Stay.
Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1deleted text end new text begin 1anew text end ,
clause (g), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.
Sec. 14.
Minnesota Statutes 2020, section 609.344, is amended to read:
609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.
Subdivision 1.
new text begin Adult victim; new text end crime defined.
A person who engages in sexual penetration
with another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:
deleted text begin
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
deleted text end
deleted text begin
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 120
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end the actor uses deleted text begin force ordeleted text end coercion to accomplish the penetration;
deleted text begin (d)deleted text end new text begin (b)new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text begin
(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end
new text begin
(d) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end
new text begin Subd. 1a. new text end
new text begin Victim under the age of 18; crime defined. new text end
new text begin
A person who engages in sexual
penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the
third degree if any of the following circumstances exists:
new text end
new text begin
(a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
new text end
new text begin
(b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant. In any such case if the actor is no more than 60
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
new text end
new text begin
(c) the actor uses coercion to accomplish the penetration;
new text end
new text begin
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end
(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48deleted text end new text begin 36new text end months older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;
(h) deleted text begin the actor is a psychotherapist and the complainant is a patient of the psychotherapist
deleted text end deleted text begin and the sexual penetration occurred:deleted text end new text begin the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
new text end
new text begin
(i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end
deleted text begin
(i) during the psychotherapy session; or
deleted text end
deleted text begin
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
deleted text end
deleted text begin
Consent by the complainant is not a defense;
deleted text end
deleted text begin
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
deleted text end
deleted text begin
(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
deleted text end
deleted text begin
(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
deleted text end
deleted text begin
(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end
deleted text begin
(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or
deleted text end
deleted text begin
(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
deleted text end
deleted text begin
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
deleted text end
deleted text begin
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense;
deleted text end
deleted text begin
(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainant; or
deleted text end
deleted text begin
(p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
deleted text end
Subd. 2.
Penalty.
Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text begin or subdivision 1a new text end may be sentenced:
(1) to imprisonment for not more than 15 years or to a payment of a fine of not more
than $30,000, or both; or
(2) if the person was convicted under subdivision deleted text begin 1deleted text end new text begin 1anew text end , paragraph (b), and if the actor
was no more than 48 months but more than 24 months older than the complainant, to
imprisonment for not more than five years or a fine of not more than $30,000, or both.
A person convicted under this section is also subject to conditional release under section
609.3455.
Subd. 3.
Stay.
Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1deleted text end new text begin 1anew text end ,
clause (f), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.
Sec. 15.
Minnesota Statutes 2020, section 609.345, is amended to read:
609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.
Subdivision 1.
new text begin Adult victim; new text end crime defined.
A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:
deleted text begin
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
deleted text end
deleted text begin
(b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
deleted text end
deleted text begin (c)deleted text end new text begin (a)new text end the actor uses deleted text begin force ordeleted text end coercion to accomplish the sexual contact;
deleted text begin (d)deleted text end new text begin (b)new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text begin
(c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end
new text begin
(d) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end
new text begin Subd. 1a. new text end
new text begin Victim under the age of 18; crime defined. new text end
new text begin
A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth
degree if any of the following circumstances exists:
new text end
new text begin
(a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
new text end
new text begin
(b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense.
new text end
new text begin
Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
if the actor is no more than 60 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
new text end
new text begin
(c) the actor uses coercion to accomplish the sexual contact;
new text end
new text begin
(d) The actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end
(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48deleted text end new text begin 36new text end months older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of time.
Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;
(h) deleted text begin the actor is a psychotherapist and the complainant is a patient of the psychotherapist
deleted text end deleted text begin and the sexual contact occurred:deleted text end new text begin the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
new text end
new text begin
(i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end
deleted text begin
(i) during the psychotherapy session; or
deleted text end
deleted text begin
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
deleted text end
deleted text begin
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
deleted text end
deleted text begin
(j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;
deleted text end
deleted text begin
(k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;
deleted text end
deleted text begin
(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end
deleted text begin
(i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
deleted text end
deleted text begin
(ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
deleted text end
deleted text begin
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
deleted text end
deleted text begin
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense;
deleted text end
deleted text begin
(o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainant; or
deleted text end
deleted text begin
(p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense.
deleted text end
Subd. 2.
Penalty.
Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text begin or subdivision 1a new text end may be sentenced to imprisonment for not more than
ten years or to a payment of a fine of not more than $20,000, or both. A person convicted
under this section is also subject to conditional release under section 609.3455.
Subd. 3.
Stay.
Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1deleted text end new text begin 1anew text end ,
clause (f), the court may stay imposition or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or the family unit; and
(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.
If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment program; and
(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.
Sec. 16.
Minnesota Statutes 2020, section 609.3451, is amended to read:
609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.
Subdivision 1.
new text begin Sexual penetration; new text end crime defined.
A person is guilty of criminal sexual
conduct in the fifth degreedeleted text begin :deleted text end new text begin if the person engages in nonconsensual sexual penetration.
new text end
new text begin Subd. 1a. new text end
new text begin Sexual contact; child present; crime defined. new text end
new text begin
A person is guilty of criminal
sexual conduct in the fifth degree if:
new text end
(1) deleted text begin ifdeleted text end the person engages in nonconsensual sexual contact; or
(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.
For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the
intentional removal or attempted removal of clothing covering the complainant's intimate
parts or undergarments, and the nonconsensual touching by the complainant of the actor's
intimate parts, effected by the actor, if the action is performed with sexual or aggressive
intent.
Subd. 2.
Gross misdemeanor.
A person convicted under subdivision deleted text begin 1deleted text end new text begin 1a new text end may be
sentenced to imprisonment for not more than one year or to a payment of a fine of not more
than $3,000, or both.
Subd. 3.
Felony.
(a) new text begin A person is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $10,000, or both, if
the person violates subdivision 1.
new text end
new text begin (b) new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than seven years or to payment of a fine of not more than $14,000, or both, if the person
violates deleted text begin this sectiondeleted text end new text begin subdivision 1 or 1anew text end within deleted text begin sevendeleted text end new text begin tennew text end years of:
(1) new text begin conviction or adjudication under subdivision 1; or
new text end
new text begin (2) new text end a previous convictionnew text begin or adjudicationnew text end for violating subdivision deleted text begin 1deleted text end new text begin 1anew text end , clause (2), deleted text begin a
crime described in paragraph (b),deleted text end or a statute from another state in conformity with any of
these offenses; or
deleted text begin (2)deleted text end new text begin (3)new text end the first of two or more previous convictions for violating subdivision deleted text begin 1deleted text end new text begin 1anew text end , clause
(1), or a statute from another state in conformity with this offense.
deleted text begin (b)deleted text end new text begin (c)new text end A previous conviction for violating section 609.342; 609.343; 609.344; 609.345;
609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to
enhance a criminal penalty as provided in paragraph (a).
Sec. 17.
Minnesota Statutes 2020, section 609.3455, is amended to read:
609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL
RELEASE.
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given.
(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section
260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, deleted text begin ordeleted text end
609.3453,new text begin or 609.3458,new text end if the adult sentence has been executed.
(c) "Extreme inhumane conditions" mean situations where, either before or after the
sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.
(d) A "heinous element" includes:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm upon the complainant;
(3) the offender intentionally mutilated the complainant;
(4) the offender exposed the complainant to extreme inhumane conditions;
(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;
(6) the offense involved sexual penetration or sexual contact with more than one victim;
(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or
(8) the offender, without the complainant's consent, removed the complainant from one
place to another and did not release the complainant in a safe place.
(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.
(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.
(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for the first offense before the
commission of the present offense, and the convictions involved separate behavioral
incidents.
(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, new text begin 609.3458, new text end or any similar statute of the United States,
this state, or any other state.
(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.
(j) An offender has "two previous sex offense convictions" only if the offender was
convicted and sentenced for a sex offense committed after the offender was earlier convicted
and sentenced for a sex offense and both convictions preceded the commission of the present
offense of conviction.
Subd. 2.
Mandatory life sentence without release; egregious first-time and repeat
offenders.
(a) Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person convicted under section 609.342, subdivision 1,
paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e)deleted text begin , (f), or (h)deleted text end ; deleted text begin ordeleted text end new text begin 609.342, subdivision 1a, clause (a), (b), (c),
(d), (h), or (i);new text end 609.343, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e)deleted text begin , (f),deleted text end new text begin ;new text end or deleted text begin (h)deleted text end new text begin 609.343,
subdivision 1a, clause (a), (b), (c), (d), (h), or (i)new text end , to life without the possibility of release
if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, deleted text begin ordeleted text end 609.344, new text begin or 609.3458, new text end and the fact finder determines that a heinous element
exists for the present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.
Subd. 3.
Mandatory life sentence for egregious first-time offenders.
(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
court shall sentence a person to imprisonment for life if the person is convicted under section
609.342, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e)deleted text begin , (f), or (h), ordeleted text end new text begin ; 609.342, subdivision
1a, clause (a), (b), (c), (d), (h), or (i);new text end 609.343, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or
new text end (e)deleted text begin , (f), or (h)deleted text end new text begin ; or 609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i)new text end ; and the fact
finder determines that a heinous element exists.
(b) The fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343.
Subd. 3a.
Mandatory sentence for certain engrained offenders.
(a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less than
double the presumptive sentence under the sentencing guidelines and not more than the
statutory maximum, or if the statutory maximum is less than double the presumptive sentence,
for a period of time that is equal to the statutory maximum, if:
(1) the court is imposing an executed sentence on a person convicted of committing or
attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin ordeleted text end 609.3453new text begin ,
or 609.3458new text end ;
(2) the fact finder determines that the offender is a danger to public safety; and
(3) the fact finder determines that the offender's criminal sexual behavior is so engrained
that the risk of reoffending is great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending beyond the presumptive term of imprisonment
and supervised release.
(b) The fact finder shall base its determination that the offender is a danger to public
safety on any of the following factors:
(1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;
(2) the offender previously committed or attempted to commit a predatory crime or a
violation of section 609.224 or 609.2242, including:
(i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or
(ii) a violation or attempted violation of a similar law of any other state or the United
States; or
(3) the offender planned or prepared for the crime prior to its commission.
(c) As used in this section, "predatory crime" has the meaning given in section 609.341,
subdivision 22.
Subd. 4.
Mandatory life sentence; repeat offenders.
(a) Notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating section 609.342, 609.343,
609.344, 609.345, deleted text begin ordeleted text end 609.3453new text begin , or 609.3458new text end and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from the sentencing guidelines
for the previous sex offense conviction; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, and the fact finder determines that
the prior convictions and present offense involved at least three separate victims, and:
(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure from the sentencing guidelines
for one of the prior sex offense convictions; or
(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment
for life for a violation of section 609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence are for violations of section
609.342, 609.343, 609.344, deleted text begin ordeleted text end 609.3453, new text begin or 609.3458, new text end or any similar statute of the United
States, this state, or any other state.
Subd. 5.
Life sentences; minimum term of imprisonment.
At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release.
Subd. 6.
Mandatory ten-year conditional release term.
Notwithstanding the statutory
maximum sentence otherwise applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits an offender to the custody
of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344,
609.345, deleted text begin ordeleted text end 609.3453, new text begin or 609.3458, new text end the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional release for
ten years.
Subd. 7.
Mandatory lifetime conditional release term.
(a) When a court sentences an
offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional release
for the remainder of the offender's life.
(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense,
when the court commits an offender to the custody of the commissioner of corrections for
a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin ordeleted text end 609.3453, new text begin or 609.3458, new text end and
the offender has a previous or prior sex offense conviction, the court shall provide that, after
the offender has been released from prison, the commissioner shall place the offender on
conditional release for the remainder of the offender's life.
(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional
release for a violation of section 609.345, unless the offender's previous or prior sex offense
conviction is for a violation of section 609.342, 609.343, 609.344, deleted text begin ordeleted text end 609.3453, new text begin or 609.3458,
new text end or any similar statute of the United States, this state, or any other state.
Subd. 8.
Terms of conditional release; applicable to all sex offenders.
(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin ordeleted text end
609.3453new text begin , or 609.3458new text end . Except as provided in this subdivision, conditional release of sex
offenders is governed by provisions relating to supervised release. The commissioner of
corrections may not dismiss an offender on conditional release from supervision until the
offender's conditional release term expires.
(b) The conditions of release may include successful completion of treatment and aftercare
in a program approved by the commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person
released under this subdivision. The plan may include co-payments from offenders,
third-party payers, local agencies, or other funding sources as they are identified. This
section does not require the commissioner to accept or retain an offender in a treatment
program. Before the offender is placed on conditional release, the commissioner shall notify
the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced
of the terms of the offender's conditional release. The commissioner also shall make
reasonable efforts to notify the victim of the offender's crime of the terms of the offender's
conditional release.
(c) If the offender fails to meet any condition of release, the commissioner may revoke
the offender's conditional release and order that the offender serve all or a part of the
remaining portion of the conditional release term in prison. An offender, while on supervised
release, is not entitled to credit against the offender's conditional release term for time served
in confinement for a violation of release.
Subd. 9.
Applicability.
The provisions of this section do not affect the applicability of
Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or
the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.
Subd. 10.
Presumptive executed sentence for repeat sex offenders.
Except as provided
in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or
609.3453 within 15 years of a previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than three years, nor more than
the maximum sentence provided by law for the offense for which convicted, notwithstanding
sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of
the sentence imposed under this subdivision only if it finds that a professional assessment
indicates the offender is accepted by and can respond to treatment at a long-term inpatient
program exclusively treating sex offenders and approved by the commissioner of corrections.
If the court stays the execution of a sentence, it shall include the following as conditions of
probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.
Sec. 18.
new text begin
[609.3458] SEXUAL EXTORTION.
new text end
new text begin Subdivision 1. new text end
new text begin Crime defined. new text end
new text begin
(a) A person who engages in sexual contact with another
person and compels the other person to submit to the contact by making any of the following
threats, directly or indirectly, is guilty of sexual extortion:
new text end
new text begin
(1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end
new text begin
(2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end
new text begin
(3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end
new text begin
(4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end
new text begin
(5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or
new text end
new text begin
(6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end
new text begin
(b) A person who engages in sexual penetration with another person and compels the
other person to submit to such penetration by making any of the following threats, directly
or indirectly, is guilty of sexual extortion:
new text end
new text begin
(1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end
new text begin
(2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end
new text begin
(3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end
new text begin
(4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end
new text begin
(5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or
new text end
new text begin
(6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end
new text begin Subd. 2. new text end
new text begin Penalty. new text end
new text begin
(a) A person is guilty of a felony and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person violates subdivision 1, paragraph (a).
new text end
new text begin
(b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates
subdivision 1, paragraph (b).
new text end
new text begin
(c) A person convicted under this section is also subject to conditional release under
section 609.3455.
new text end
new text begin Subd. 3. new text end
new text begin No attempt charge. new text end
new text begin
Notwithstanding section 609.17, no person may be charged
with or convicted of an attempt to commit a violation of this section.
new text end
Sec. 19.
Minnesota Statutes 2020, section 624.712, subdivision 5, is amended to read:
Subd. 5.
Crime of violence.
"Crime of violence" means: felony convictions of the
following offenses: sections 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); 609.215 (aiding suicide and aiding
attempted suicide); 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);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 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);new text begin
609.3458 (sexual extortion);new text end 609.377 (malicious punishment of a child); 609.378 (neglect
or endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an
attempt to commit any of these offenses.
Sec. 20. new text begin PREDATORY OFFENDER STATUTORY FRAMEWORK WORKING
GROUP; REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Direction. new text end
new text begin
By September 1, 2021, the commissioner of public safety
shall convene a working group to comprehensively assess the predatory offender statutory
framework. The commissioner shall invite representatives from the Department of
Corrections with specific expertise on juvenile justice reform, city and county prosecuting
agencies, statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota
Board of Public Defense, private criminal defense attorneys, the Department of Public
Safety, the Department of Human Services, the Sentencing Guidelines Commission, state
and local law enforcement agencies, and other interested parties to participate in the working
group. The commissioner shall ensure that the membership of the working group is balanced
among the various representatives and reflects a broad spectrum of viewpoints, and is
inclusive of marginalized communities as well as victim and survivor voices.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
The working group must examine and assess the predatory offender
registration (POR) laws, including, but not limited to, the requirements placed on offenders,
the crimes for which POR is required, the method by which POR requirements are applied
to offenders, and the effectiveness of the POR system in achieving its stated purpose.
Governmental agencies that hold POR data shall provide the working group with public
POR data upon request. The working group is encouraged to request the assistance of the
state court administrator's office to obtain relevant POR data maintained by the court system.
new text end
new text begin Subd. 3. new text end
new text begin Report to legislature. new text end
new text begin
The commissioner shall file a report detailing the working
group's findings and recommendations with the chairs and ranking minority members of
the house of representatives and senate committees and divisions having jurisdiction over
public safety and judiciary policy and finance by January 15, 2022.
new text end
Sec. 21. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall make necessary cross-reference changes and remove statutory
cross-references in Minnesota Statutes to conform with this article. The revisor may make
technical and other necessary changes to language and sentence structure to preserve the
meaning of the text.
new text end
Sec. 22. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 609.293, subdivisions 1 and 5; 609.34; and 609.36,
new text end
new text begin
are repealed.
new text end
ARTICLE 6
CRIMINAL AND SENTENCING PROVISIONS
Section 1.
Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:
Subd. 1b.
Supervised release; offenders who commit crimes on or after August 1,
1993.
(a) Except as provided in subdivisions 4new text begin , 4a,new text end and 5, every inmate sentenced to prison
for a felony offense committed on or after August 1, 1993, shall serve a supervised release
term upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any disciplinary rule
adopted by the commissioner or refusal to participate in a rehabilitative program required
under section 244.03. The amount of time the inmate serves on supervised release shall be
equal in length to the amount of time remaining in the inmate's executed sentence after the
inmate has served the term of imprisonment and any disciplinary confinement period imposed
by the commissioner.
(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive segregation confinement, whichever is
later. The imposition of a disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure for imposing the
disciplinary confinement period and the rights of the inmate in the procedure shall be those
in effect for the imposition of other disciplinary sanctions at each state correctional institution.
Sec. 2.
Minnesota Statutes 2020, section 244.05, subdivision 4, is amended to read:
Subd. 4.
Minimum imprisonment, life sentence.
(a) An inmate serving a mandatory
life sentence under section 609.106new text begin , subdivision 2,new text end or 609.3455, subdivision 2, new text begin paragraph
(a), new text end must not be given supervised release under this section.
(b) new text begin Except as provided in paragraph (f), new text end an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); or Minnesota Statutes 2004,
section 609.109, subdivision 3, must not be given supervised release under this section
without having served a minimum term of 30 years.
(c) new text begin Except as provided in paragraph (f), new text end an inmate serving a mandatory life sentence
under section 609.385 must not be given supervised release under this section without having
served a minimum term of imprisonment of 17 years.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3
or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.
new text begin
(e) An inmate serving a mandatory life sentence under section 609.106, subdivision 3,
or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under this
section without having served a minimum term of imprisonment of 15 years.
new text end
new text begin
(f) An inmate serving a mandatory life sentence for a crime described in paragraph (b)
or (c) who was under 18 years of age at the time of the commission of the offense must not
be given supervised release under this section without having served a minimum term of
imprisonment of 15 years.
new text end
Sec. 3.
Minnesota Statutes 2020, section 244.05, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin
Eligibility for early supervised release; offenders who were under 18 at
the time of offense.
new text end
new text begin
(a) Notwithstanding any other provision of law, any person who was
under the age of 18 at the time of the commission of an offense is eligible for early supervised
release if the person is serving an executed sentence that includes a term of imprisonment
of more than 15 years or separate, consecutive executed sentences for two or more crimes
that include combined terms of imprisonment that total more than 15 years.
new text end
new text begin
(b) A person eligible for early supervised release under paragraph (a) must be considered
for early supervised release pursuant to section 244.0515 after serving 15 years of
imprisonment.
new text end
new text begin
(c) Where the person is serving separate, consecutive executed sentences for two or
more crimes, the person may be granted early supervised release on all sentences.
new text end
Sec. 4.
Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life sentence.
(a) new text begin Except as provided in section 244.0515,
new text end the commissioner of corrections may, under rules promulgated by the commissioner, give
supervised release to an inmate serving a mandatory life sentence under section 609.185,
paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.
(b) The commissioner shall require the preparation of a community investigation report
and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. The statement may summarize
the harm suffered by the victim as a result of the crime and give the victim's recommendation
on whether the inmate should be given supervised release at this time. The commissioner
must consider the victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at a
minimum, the following: the risk the inmate poses to the community if released, the inmate's
progress in treatment, the inmate's behavior while incarcerated, psychological or other
diagnostic evaluations of the inmate, the inmate's criminal history, and any other relevant
conduct of the inmate while incarcerated or before incarceration. The commissioner may
not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
(e) As used in this subdivision, "victim" means the individual who suffered harm as a
result of the inmate's crime or, if the individual is deceased, the deceased's surviving spouse
or next of kin.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 5.
new text begin
[244.0515] JUVENILE REVIEW BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Board. new text end
new text begin
The Juvenile Review Board is created with the power and duties
established by subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Members. new text end
new text begin
(a) The board consists of seven members as follows:
new text end
new text begin
(1) the commissioner of corrections or the commissioner's designee;
new text end
new text begin
(2) the commissioner of human services or the commissioner's designee;
new text end
new text begin
(3) the commissioner of public safety or the commissioner's designee;
new text end
new text begin
(4) the attorney general or the attorney general's designee; and
new text end
new text begin
(5) three at-large members with expertise in the neurodevelopment of youth, appointed
by the governor.
new text end
new text begin
(b) The board shall select one of its members to serve as chair.
new text end
new text begin Subd. 3. new text end
new text begin Terms, compensation, and removal. new text end
new text begin
The membership terms, compensation,
and removal of members and the filling of membership vacancies is as provided in section
15.0575.
new text end
new text begin Subd. 4. new text end
new text begin Powers and duties. new text end
new text begin
(a) Consistent with the requirements of this section, the
board has authority to grant supervised release to an inmate who was under 18 years of age
at the time of the commission of the offense and is serving a mandatory life sentence; an
executed sentence that includes a term of imprisonment of more than 15 years; or separate,
consecutive executed sentences for two or more crimes that include combined terms of
imprisonment that total more than 15 years.
new text end
new text begin
(b) The board may give supervised release to an inmate described in paragraph (a) after
the inmate has served the minimum term of imprisonment specified by the court or 15 years,
whichever is earlier.
new text end
new text begin
(c) Where an inmate is serving multiple sentences that are concurrent to one another,
the board must grant or deny supervised release on all sentences. Notwithstanding any law
to the contrary, where an inmate is serving multiple sentences that are consecutive to one
another, the court may grant or deny supervised release on one or more sentences.
new text end
new text begin
(d) The board shall conduct an initial supervised release review hearing as soon as
practicable after the inmate has served the applicable minimum term of imprisonment.
Hearings for inmates eligible for a review hearing on or before July 1, 2021, shall take place
before July 1, 2022.
new text end
new text begin
(e) If the inmate is not released at the initial supervised release review hearing, the board
shall conduct subsequent review hearings until the inmate's release. Review hearings shall
not be scheduled to take place within six months of a previous hearing or more than three
years after a previous hearing.
new text end
new text begin
(f) The board may order that an inmate be placed on intensive supervised release for all
or part of the inmate's supervised release pursuant to section 244.05, subdivision 6.
new text end
new text begin Subd. 5. new text end
new text begin Administrative services. new text end
new text begin
The commissioner of corrections shall provide
adequate office space and administrative services for the board and the board shall reimburse
the commissioner for the space and services provided. The board may also utilize, with their
consent, the services, equipment, personnel, information, and resources of other state
agencies; and may accept voluntary and uncompensated services, contract with individuals
and public and private agencies, and request information, reports, and data from any agency
of the state or any of the state's political subdivisions to the extent authorized by law.
new text end
new text begin Subd. 6. new text end
new text begin Development report. new text end
new text begin
(a) Except as provided in paragraph (b), the board shall
require the preparation of a development report and shall consider the findings of the report
when making a supervised release decision under this section. The report shall be prepared
by a mental health professional as defined in section 245.462, subdivision 18, clauses (1)
to (4) or (6), and shall address the cognitive, emotional, and social maturity of the inmate.
new text end
new text begin
(b) If a development report was prepared within the 12 months immediately proceeding
the hearing, the board may rely on that report.
new text end
new text begin Subd. 7. new text end
new text begin Victim statement. new text end
new text begin
The board shall make reasonable efforts to notify the victim,
in advance, of the time and place of the inmate's supervised release review hearing. The
victim has a right to submit an oral or written statement at the review hearing. The statement
may summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised release at this time. The
board must consider the victim's statement when making the supervised release decision.
As used in this subdivision, "victim" means the individual who suffered harm as a result of
the inmate's crime or, if the individual is deceased, the deceased's surviving spouse or next
of kin.
new text end
new text begin Subd. 8. new text end
new text begin Review hearing; notice. new text end
new text begin
(a) At least 90 days before a supervised release review
hearing, the commissioner of corrections shall notify the inmate of the time and place of
the hearing and that the inmate has the right to be present at the hearing, request appointment
of counsel, access the inmate's prison file prior to the hearing, and submit written arguments
to the board prior to the hearing.
new text end
new text begin
(b) The inmate may make oral arguments to the board at the hearing.
new text end
new text begin Subd. 9. new text end
new text begin Considerations. new text end
new text begin
(a) When considering whether to give supervised release to
an inmate serving a mandatory life sentence the board shall consider, at a minimum, the
following:
new text end
new text begin
(1) the development report;
new text end
new text begin
(2) the victim statement, if any;
new text end
new text begin
(3) the risk the inmate poses to the community if released;
new text end
new text begin
(4) the inmate's progress in treatment;
new text end
new text begin
(5) the inmate's behavior while incarcerated;
new text end
new text begin
(6) any additional psychological or other diagnostic evaluations of the inmate;
new text end
new text begin
(7) the inmate's criminal history;
new text end
new text begin
(8) whether the inmate is serving consecutive sentences; and
new text end
new text begin
(9) any other relevant conduct of the inmate while incarcerated or before incarceration.
new text end
new text begin
(b) In making its decision, the board must consider relevant science regarding the
neurological development of juveniles and shall prioritize information regarding the inmate's
maturity and rehabilitation while incarcerated.
new text end
new text begin
(c) Except as provided in paragraph (d), the board may not give supervised release to
the inmate unless:
new text end
new text begin
(1) while in prison:
new text end
new text begin
(i) if applicable, the inmate has successfully completed appropriate sex offender treatment;
new text end
new text begin
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
new text end
new text begin
(iii) the inmate has been assessed for mental health needs and, if appropriate, has been
provided mental health treatment; and
new text end
new text begin
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
new text end
new text begin
(d) The board shall not deny supervised release to an inmate pursuant to paragraph (c)
if the appropriate assessments, treatment, or planning were not made available to the inmate.
new text end
new text begin Subd. 10. new text end
new text begin Findings of the board. new text end
new text begin
Within 30 days after a supervised release hearing, the
board shall issue its decision on granting release, including a statement of reasons for that
decision. If the board does not grant supervised release, the statement of the reasons for that
denial must identify specific steps the inmate can take to increase the likelihood that release
will be granted at a future hearing.
new text end
new text begin Subd. 11. new text end
new text begin Review by court of appeals. new text end
new text begin
When the board has issued its findings, an inmate
who acts within 30 days from the date the inmate received the findings may have the order
reviewed by the court of appeals upon either of the following grounds:
new text end
new text begin
(1) the order does not conform with this section; or
new text end
new text begin
(2) the findings of fact and order were unsupported by substantial evidence in view of
the entire record as submitted.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 6.
Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Report on sentencing adjustments. new text end
new text begin
The Sentencing Guidelines Commission
shall include in its annual report to the legislature a summary and analysis of sentence
adjustments issued under section 609.133. At a minimum, the summary and analysis must
include information on the counties where a sentencing adjustment was granted and on the
race, sex, and age of individuals who received a sentence adjustment.
new text end
Sec. 7.
Minnesota Statutes 2020, section 244.101, subdivision 1, is amended to read:
Subdivision 1.
Executed sentences.
new text begin Except as provided in section 244.05, subdivision
4a, new text end when a felony offender is sentenced to a fixed executed sentence for an offense committed
on or after August 1, 1993, the executed sentence consists of two parts: (1) a specified
minimum term of imprisonment that is equal to two-thirds of the executed sentence; and
(2) a specified maximum supervised release term that is equal to one-third of the executed
sentence. The amount of time the inmate actually serves in prison and on supervised release
is subject to the provisions of section 244.05, subdivision 1b.
Sec. 8.
Minnesota Statutes 2020, section 480A.06, subdivision 4, is amended to read:
Subd. 4.
Administrative review.
The court of appeals shall have jurisdiction to review
on the record the validity of administrative rules, as provided in sections 14.44 and 14.45,
deleted text begin anddeleted text end the decisions of administrative agencies in contested cases, as provided in sections
14.63 to 14.69new text begin , and the decisions of the Juvenile Review Board as provided in section
244.0515new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021.
new text end
Sec. 9.
Minnesota Statutes 2020, section 609.03, is amended to read:
609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the
person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than deleted text begin one yeardeleted text end new text begin
364 daysnew text end or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified
term of not more than six months if the fine is not paid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.
new text end
Sec. 10.
new text begin
[609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
new text end
new text begin
Any law of this state that provides for a maximum sentence of imprisonment of one year
or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine of
$3,000 and a maximum sentence of imprisonment of 364 days.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence before, on, or after that date.
new text end
Sec. 11.
new text begin
[609.1056] MILITARY VETERANS; CRIMES COMMITTED BECAUSE
OF CONDITIONS RESULTING FROM SERVICE; DISCHARGE AND DISMISSAL.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section, the following terms have the meanings
given:
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(1) "applicable condition" means sexual trauma, traumatic brain injury, posttraumatic
stress disorder, substance abuse, or a mental health condition;
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(2) "eligible offense" means any misdemeanor or gross misdemeanor, and any felony
that is ranked at severity level 7 or lower or D7 or lower on the Sentencing Guidelines grid;
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(3) "pretrial diversion" means the decision of a prosecutor to refer a defendant to a
diversion program on condition that the criminal charges against the defendant shall be
dismissed after a specified period of time, or the case shall not be charged, if the defendant
successfully completes the program of treatment recommended by the United States
Department of Veterans Affairs or a local, state, federal, or private nonprofit treatment
program; and
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(4) "veterans treatment court program" means a program that has the following essential
characteristics:
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(i) the integration of services in the processing of cases in the judicial system;
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(ii) the use of a nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and to protect the due process rights of program participants;
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(iii) early identification and prompt placement of eligible participants in the program;
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(iv) access to a continuum of alcohol, controlled substance, mental health, and other
related treatment and rehabilitative services;
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(v) careful monitoring of treatment and services provided to program participants;
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(vi) a coordinated strategy to govern program responses to participants' compliance;
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(vii) ongoing judicial interaction with program participants;
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(viii) monitoring and evaluation of program goals and effectiveness;
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(ix) continuing interdisciplinary education to promote effective program planning,
implementation, and operations;
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(x) development of partnerships with public agencies and community organizations,
including the United States Department of Veterans Affairs; and
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(xi) inclusion of a participant's family members who agree to be involved in the treatment
and services provided to the participant under the program.
new text end
new text begin Subd. 2. new text end
new text begin Deferred prosecution. new text end
new text begin
(a) The court shall defer prosecution for an eligible
offense committed by a defendant who was, or currently is, a member of the United States
military as provided in this subdivision. The court shall do this at the request of the defendant
upon a finding of guilty after trial or upon a guilty plea.
new text end
new text begin
(b) A defendant who requests to be sentenced under this subdivision shall release or
authorize access to military service reports and records relating to the alleged applicable
condition. The court must file the records as confidential and designate that they remain
sealed, except as provided in this paragraph. In addition, the court may request, through
existing resources, an assessment of the defendant. The defendant, through existing records
or licensed professional evaluation, shall establish the diagnosis of the condition, that it was
caused by military service, and that the offense was committed as a result of the condition.
The court, on its own motion or the prosecutor's, with notice to defense counsel, may order
the defendant to furnish to the court for in-camera review or to the prosecutor copies of all
medical and military service reports and records previously or subsequently made concerning
the defendant's condition and the condition's connection to service.
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(c) Based on the record, the court shall determine whether, by clear and convincing
evidence: (1) the defendant suffered from an applicable condition at the time of the offense;
(2) the applicable condition was caused by service in the United States military; and (3) the
offense was committed as a result of the applicable condition. Within 15 days of the court's
determination, either party may file a challenge to the determination and demand a hearing
on the defendant's eligibility under this subdivision.
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(d) If the court makes the determination described in paragraph (c), the court shall,
without entering a judgment of guilty, defer further proceedings and place the defendant
on probation upon such reasonable conditions as it may require and for a period not to
exceed the maximum period provided by law. A court may extend a defendant's term of
probation pursuant to section 609.135, subdivision 2, paragraphs (g) and (h). Conditions
ordered by the court must include treatment, services, rehabilitation, and education sufficient
so that if completed, the defendant would be eligible for discharge and dismissal under
subdivision 3. In addition, the court shall order that the defendant undergo a chemical use
assessment that includes a recommended level of care for the defendant in accordance with
the criteria contained in rules adopted by the commissioner of human services under section
254A.03, subdivision 3.
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(e) If the court determines that the defendant is eligible for a deferred sentence but the
defendant has previously received one for a felony offense under this subdivision, the court
may, but is not required to, impose a deferred sentence. If the court does not impose a
deferred sentence, the court may sentence the defendant as otherwise provided in law,
including as provided in subdivision 4.
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(f) Upon violation of a condition of probation, the court may enter an adjudication of
guilt and proceed as otherwise provided in law, including as provided in subdivision 4.
new text end
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(g) As a condition of probation, the court may order the defendant to attend a local, state,
federal, or private nonprofit treatment program for a period not to exceed the maximum
period for which the defendant could have been incarcerated.
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(h) The court, when issuing an order under this subdivision that a defendant attend an
established treatment program, shall give preference to a treatment program that has a history
of successfully treating veterans who suffer from applicable conditions caused by military
service, including but not limited to programs operated by the United States Department of
Defense or Veterans Affairs.
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(i) The court and any assigned treatment program shall collaborate with, when available,
the county veterans service officer and the United States Department of Veterans Affairs
to maximize benefits and services provided to the defendant.
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(j) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by a veterans treatment court program under subdivision 5.
If there is a veterans treatment court that meets the requirements of subdivision 5 in the
county in which the defendant resides or works, supervision of the defendant may be
transferred to that county or judicial district veterans treatment court program. Upon the
defendant's successful or unsuccessful completion of the program, the veterans treatment
court program shall communicate this information to the court of original jurisdiction for
further action.
new text end
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(k) Sentencing pursuant to this subdivision waives any right to administrative review
pursuant to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53,
subdivision 2, for a license revocation or cancellation imposed pursuant to section 169A.52,
and also waives any right to administrative review pursuant to section 171.177, subdivision
10, or judicial review pursuant to section 171.177, subdivision 11, for a license revocation
or cancellation imposed pursuant to section 171.177, if that license revocation or cancellation
is the result of the same incident that is being sentenced.
new text end
new text begin Subd. 3. new text end
new text begin Discharge and dismissal. new text end
new text begin
(a) Upon the expiration of the period of the defendant's
probation the court shall hold a hearing to discharge the defendant from probation and
determine whether to dismiss the proceedings against a defendant who received a deferred
sentence under subdivision 2. The hearing shall be scheduled so that the parties have adequate
time to prepare and present arguments regarding the issue of dismissal. The parties may
submit written arguments to the court prior to the date of the hearing and may make oral
arguments before the court at the hearing. The defendant must be present at the hearing
unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1,
clause (3).
new text end
new text begin
(b) The court shall provide notice to any identifiable victim of the offense at least 15
days before the hearing is held. Notice to victims of the offense under this subdivision must
specifically inform the victim of the right to submit an oral or written statement to the court
at the time of the hearing describing the harm suffered by the victim as a result of the crime
and the victim's recommendation on whether dismissal should be granted or denied. The
judge shall consider the victim's statement when making a decision. If a victim notifies the
prosecutor of an objection to dismissal and is not present at the hearing, the prosecutor shall
make the objections known to the court.
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(c) The court shall dismiss proceedings against a defendant if the court finds by clear
and convincing evidence that the defendant:
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(1) is in substantial compliance with the conditions of probation;
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new text begin
(2) has successfully participated in court-ordered treatment and services to address the
applicable condition caused by military service;
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(3) does not represent a danger to the health or safety of victims or others; and
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(4) has demonstrated significant benefit from court-ordered education, treatment, or
rehabilitation to clearly show that a discharge and dismissal under this subdivision is in the
interests of justice.
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(d) In determining the interests of justice, the court shall consider, among other factors,
all of the following:
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(1) the defendant's completion and degree of participation in education, treatment, and
rehabilitation as ordered by the court;
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(2) the defendant's progress in formal education;
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(3) the defendant's development of career potential;
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(4) the defendant's leadership and personal responsibility efforts;
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(5) the defendant's contribution of service in support of the community;
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(6) the level of harm to the community from the offense; and
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(7) the statement of the victim, if any.
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new text begin
(e) If the court finds that the defendant does not qualify for discharge and dismissal
under paragraph (c), the court shall enter an adjudication of guilt and proceed as otherwise
provided in law, including as provided in subdivision 4.
new text end
new text begin
(f) Discharge and dismissal under this subdivision shall be without court adjudication
of guilt, but a not public record of the discharge and dismissal shall be retained by the Bureau
of Criminal Apprehension for the purpose of use by the courts in determining the merits of
subsequent proceedings against the defendant. The not public record may also be opened
only upon court order for purposes of a criminal investigation, prosecution, or sentencing.
Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall
notify the requesting party of the existence of the not public record and the right to seek a
court order to open the not public record under this paragraph. The court shall forward a
record of any discharge and dismissal under this subdivision to the bureau, which shall
make and maintain the not public record of the discharge and dismissal. The discharge and
dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other purpose. For purposes of this
paragraph, "not public" has the meaning given in section 13.02, subdivision 8a.
new text end
new text begin Subd. 4. new text end
new text begin Sentencing departure; waiver of mandatory sentence. new text end
new text begin
(a) This subdivision
applies to defendants who plead or are found guilty of any criminal offense except one for
which registration is required under section 243.166, subdivision 1b.
new text end
new text begin
(b) Prior to sentencing, a defendant described in paragraph (a) may present proof to the
court that the defendant has, since the commission of the offense, engaged in rehabilitative
efforts consistent with those described in this section. If the court determines that the
defendant has engaged in substantial rehabilitative efforts and the defendant establishes by
clear and convincing evidence that:
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(1) the defendant suffered from an applicable condition at the time of the offense;
new text end
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(2) the applicable condition was caused by service in the United States military; and
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(3) the offense was committed as a result of the applicable condition;
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the court may determine that the defendant is particularly amenable to probation and order
a mitigated durational or dispositional sentencing departure or a waiver of any statutory
mandatory minimum sentence applicable to the defendant.
new text end
new text begin Subd. 5. new text end
new text begin
Optional veterans treatment court program; procedures for eligible
defendants.
new text end
new text begin
A county or judicial district may supervise probation under this section through
a veterans treatment court, using county veterans service officers appointed under sections
197.60 to 197.606, United States Department of Veterans Affairs veterans justice outreach
specialists, probation agents, and any other rehabilitative resources available to the court.
new text end
new text begin Subd. 6. new text end
new text begin Creation of county and city diversion programs; authorization. new text end
new text begin
Any county
or city may establish and operate a veterans pretrial diversion program for offenders eligible
under subdivision 2 without penalty under section 477A.0175.
new text end
new text begin Subd. 7. new text end
new text begin Exception. new text end
new text begin
This section does not apply to a person charged with an offense for
which registration is required under section 243.166, subdivision 1b.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2020, section 609.106, subdivision 2, is amended to read:
Subd. 2.
Life without release.
new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), or (7);
(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), and the court determines on the record at the time of sentencing that
the person has one or more previous convictions for a heinous crime.
Sec. 13.
Minnesota Statutes 2020, section 609.106, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Offender under age 18; life imprisonment. new text end
new text begin
The court shall sentence a person
who was under 18 years of age at the time of the commission of an offense under the
circumstances described in subdivision 2 to imprisonment for life.
new text end
Sec. 14.
Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; new text begin ;
new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision
of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony
penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Disability impact statement. new text end
new text begin
(a) When a defendant appears in court and is
convicted of a crime, the court shall inquire whether the defendant is an individual with a
disability. For the purposes of this subdivision, "disability" has the meaning given in the
Americans with Disabilities Act of 1990, as amended by the Americans with Disabilities
Act Amendment Act of 2008, United States Code, Title 42, section 12102.
new text end
new text begin
(b) If the defendant is an individual with a disability and may be sentenced to a term of
imprisonment, the court:
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new text begin
(1) may order that the presentence investigator preparing the report under subdivision
1 prepare an impact statement that addresses the impact on a person's disability including
but not limited to health, housing, family, employment effect of benefits, and potential for
abuse if the defendant is sentenced to a term of imprisonment, for the purpose of providing
the court with information regarding sentencing options other than a term of imprisonment;
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(2) must consider the impact statement in imposing a sentence; and
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(3) must consider the least restrictive environment to meet the state's penal objective.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to individuals
convicted of a crime on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2020, section 609.115, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Traumatic brain injury. new text end
new text begin
(a) When a defendant appears in court and is
convicted of a felony, the court shall inquire whether the defendant has a history of stroke,
traumatic brain injury, or fetal alcohol spectrum disorder.
new text end
new text begin
(b) If the defendant has a history of stroke, traumatic brain injury, or fetal alcohol
spectrum disorder and the court believes that the offender may have a mental impairment
that caused the offender to lack substantial capacity for judgment when the offense was
committed, the court shall order that the offender undergo a neuropsychological examination
unless the offender has had a recent examination as described in paragraph (c). The report
prepared under subdivision 1 shall contain the results of the examination ordered by the
court or the recent examination and the officer preparing the report may consult with any
medical provider, mental health professional, or other agency or person with suitable
knowledge or experience for the purpose of providing the court with information regarding
treatment and case management options available to the defendant.
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(c) An updated neuropsychological examination is not required under this subdivision
if:
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(1) the person had a previous examination when the person was at least 25 years of age;
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(2) the examination took place at least 18 months after the person's most recent stroke
or traumatic brain injury; and
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(3) the examination took place within the previous three years.
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new text begin
(d) At sentencing, the court may consider any relevant information including but not
limited to the information provided pursuant to paragraph (b) and the recommendations of
any diagnosing or treating medical providers or mental health professionals to determine
whether the offender, because of mental impairment resulting from a stroke, traumatic brain
injury, or fetal alcohol spectrum disorder, lacked substantial capacity for judgment when
the offense was committed.
new text end
Sec. 17.
Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:
Subd. 2.
Certain violations excepted.
Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin 609.324, subdivision 3;deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
new text begin
[609.133] SENTENCE ADJUSTMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "prosecutor" means the attorney
general, county attorney, or city attorney responsible for the prosecution of individuals
charged with a crime.
new text end
new text begin Subd. 2. new text end
new text begin Prosecutor-initiated sentence adjustment. new text end
new text begin
The prosecutor responsible for
the prosecution of an individual convicted of a crime may commence a proceeding to adjust
the sentence of that individual at any time after the initial sentencing provided the prosecutor
does not seek to increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
new text end
new text begin Subd. 3. new text end
new text begin Review by prosecutor. new text end
new text begin
(a) Prosecutors may review individual cases at their
discretion.
new text end
new text begin
(b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and
good faith effort to seek input from any identifiable victim and shall consider the impact
an adjusted sentence would have on the victim.
new text end
new text begin
(c) The commissioner of corrections, a supervising agent, or an offender may request
that a prosecutor review an individual case. A prosecutor is not required to respond to a
request.
new text end
new text begin Subd. 4. new text end
new text begin Petition; contents; fee. new text end
new text begin
(a) A petition for sentence adjustment shall include
the following:
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new text begin
(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;
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new text begin
(2) the individual's date of birth;
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new text begin
(3) the individual's address;
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new text begin
(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;
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new text begin
(5) the details of the offense for which an adjustment is sought, including:
new text end
new text begin
(i) the date and jurisdiction of the occurrence;
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new text begin
(ii) either the names of any victims or that there were no identifiable victims;
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new text begin
(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;
new text end
new text begin
(iv) the court file number; and
new text end
new text begin
(v) the date of conviction;
new text end
new text begin
(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;
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new text begin
(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;
new text end
new text begin
(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
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new text begin
(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.
new text end
new text begin
(b) The filing fee for a petition brought under this section shall be waived.
new text end
new text begin Subd. 5. new text end
new text begin Service of petition. new text end
new text begin
(a) The prosecutor shall serve the petition for sentence
adjustment on the individual on whose behalf the petition is being brought.
new text end
new text begin
(b) The prosecutor shall make a good faith and reasonable effort to notify any person
determined to be a victim of the offense for which adjustment is sought of the existence of
a petition. Notification under this paragraph does not constitute a violation of an existing
order for protection, restraining order, or other no contact order.
new text end
new text begin
(c) Notice to victims of the offense under this subdivision must:
new text end
new text begin
(1) specifically inform the victim of the right to object, orally or in writing, to the
proposed adjustment of sentence; and
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new text begin
(2) inform the victims of the right to be present and to submit an oral or written statement
at the hearing described in subdivision 6.
new text end
new text begin
(d) If a victim notifies the prosecutor of an objection to the proposed adjustment of
sentence and is not present when the court considers the sentence adjustment, the prosecutor
shall make these objections known to the court.
new text end
new text begin Subd. 6. new text end
new text begin Hearing. new text end
new text begin
(a) The court shall hold a hearing on the petition no sooner than 60
days after service of the petition. The hearing shall be scheduled so that the parties have
adequate time to prepare and present arguments regarding the issue of sentence adjustment.
The parties may submit written arguments to the court prior to the date of the hearing and
may make oral arguments before the court at the hearing. The individual on whose behalf
the petition has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end
new text begin
(b) A victim of the offense for which sentence adjustment is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing the harm
suffered by the victim as a result of the crime and the victim's recommendation on whether
adjustment should be granted or denied. The judge shall consider the victim's statement
when making a decision.
new text end
new text begin
(c) Representatives of the Department of Corrections, supervising agents, community
treatment providers, and any other individual with relevant information may submit an oral
or written statement to the court at the time of the hearing.
new text end
new text begin Subd. 7. new text end
new text begin Nature of remedy; standard. new text end
new text begin
(a) The court shall determine whether there are
substantial and compelling reasons to adjust the individual's sentence. In making this
determination, the court shall consider what impact, if any, a sentence adjustment would
have on public safety, including whether an adjustment would promote the rehabilitation
of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
disparities. In making this determination, the court may consider factors relating to both the
offender and the offense, including but not limited to:
new text end
new text begin
(1) the individual's performance on probation or supervision;
new text end
new text begin
(2) the individual's disciplinary record during any period of incarceration;
new text end
new text begin
(3) records of any rehabilitation efforts made by the individual since the date of offense
and any plan to continue those efforts in the community;
new text end
new text begin
(4) evidence that remorse, age, diminished physical condition, or any other factor has
significantly reduced the likelihood that the individual will commit a future offense;
new text end
new text begin
(5) the amount of time the individual has served in custody or under supervision; and
new text end
new text begin
(6) significant changes in law or sentencing practice since the date of offense.
new text end
new text begin
(b) Notwithstanding any law to the contrary, if the court determines that there are
substantial and compelling reasons to adjust the individual's sentence, the court may modify
the sentence in any way provided the adjustment does not:
new text end
new text begin
(1) increase the period of confinement or, if the individual is serving a stayed sentence,
increase the period of supervision;
new text end
new text begin
(2) reduce or eliminate the amount of court-ordered restitution; or
new text end
new text begin
(3) reduce or eliminate a term of conditional release required by law when a court
commits an offender to the custody of the commissioner of corrections.
new text end
new text begin
The court may stay imposition or execution of sentence pursuant to section 609.135.
new text end
new text begin
(c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
a judgment of conviction for a different offense, or impose sentence for any other offense.
new text end
new text begin
(d) The court shall state in writing or on the record the reasons for its decision on the
petition. If the court grants a sentence adjustment, it shall cause a sentencing worksheet as
provided in section 609.115, subdivision 1, to be completed and forwarded to the Sentencing
Guidelines Commission. The sentencing worksheet shall clearly indicate that it is for a
sentence adjustment.
new text end
new text begin Subd. 8. new text end
new text begin Appeals. new text end
new text begin
An order issued under this section shall not be considered a final
judgment, but shall be treated as an order imposing or staying a sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 19.
Minnesota Statutes 2020, section 609.2231, subdivision 4, is amended to read:
Subd. 4.
Assaults motivated by bias.
(a) Whoever assaults anothernew text begin in whole or in partnew text end
because of the victim's or another's actual or perceived race, color, new text begin ethnicity, new text end religion, sex,
new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national origin, or
new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's
actual or perceived association with another person or group of a certain actual or perceived
race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,new text end may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2020, section 609.2233, is amended to read:
609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221, 609.222, or 609.223 because of the victim's or
another person's actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender, new text end sexual
orientation, new text begin gender identity, gender expression, age, national origin, or new text end disability as defined
in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03,new text end is subject to a statutory maximum penalty
of 25 percent longer than the maximum penalty otherwise applicable.
Sec. 21.
Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:
Subdivision 1.
Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.
(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin 20deleted text end new text begin 25new text end years or to payment of a fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin 25deleted text end new text begin 30new text end years or to payment of a fine of not more than $60,000, or both, if
one or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced labor
or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:
Subd. 1a.
Solicitation, inducement, and promotion of prostitution; sex trafficking
in the second degree.
Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin 15deleted text end new text begin 20new text end years
or to payment of a fine of not more than $40,000, or both:
(1) solicits or induces an individual to practice prostitution;
(2) promotes the prostitution of an individual;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or
(4) engages in the sex trafficking of an individual.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 23.
Minnesota Statutes 2020, section 609.324, subdivision 1, is amended to read:
Subdivision 1.
Engaging in, hiring, or agreeing to hire minor to engage in
prostitution; penalties.
(a) Whoever intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not more
than $40,000, or both:
(1) engages in prostitution with an individual under the age of deleted text begin 13deleted text end new text begin 14new text end years;
(2) hires or offers or agrees to hire an individual under the age of deleted text begin 13deleted text end new text begin 14new text end years to engage
in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of deleted text begin 13deleted text end new text begin 14new text end years to engage in sexual penetration or sexual contact.
(b) Whoever intentionally does any of the following may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an individual under the age of 16 years but at least deleted text begin 13deleted text end new text begin
14new text end years;
(2) hires or offers or agrees to hire an individual under the age of 16 years but at least
deleted text begin 13deleted text end new text begin 14new text end years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual
contact.
(c) Whoever intentionally does any of the following may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an individual under the age of 18 years but at least 16
years;
(2) hires or offers or agrees to hire an individual under the age of 18 years but at least
16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual
contact.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:
Subd. 2.
new text begin Patrons of new text end prostitution deleted text begin in public placedeleted text end ; penalty deleted text begin for patronsdeleted text end .
new text begin (a) new text end Whoever,
while acting as a patron, intentionally does any of the following deleted text begin while in a public placedeleted text end is
guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.
new text begin
(b) Whoever violates the provisions of this subdivision within ten years of a previous
conviction for violating this section or section 609.322 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 25.
Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:
Subd. 4.
Community service in lieu of minimum fine.
The court may order a person
convicted of violating subdivision 2 deleted text begin or 3deleted text end to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 26.
Minnesota Statutes 2020, section 609.3241, is amended to read:
609.3241 PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, deleted text begin a misdemeanor violation of section 609.324, subdivision 3,deleted text end a violation
of section 609.33, or a violation of section 617.293; otherwise the court shall impose an
assessment of not less than $750 and not more than $1,000. The assessment shall be
distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.
(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and
(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31.
(d) A safe harbor for youth account is established as a special account in the state treasury.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 27.
Minnesota Statutes 2020, section 609.3455, subdivision 2, is amended to read:
Subd. 2.
Mandatory life sentence without release; egregious first-time and repeat
offenders.
(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person convicted
under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or 609.343,
subdivision 1, paragraph (c), (d), (e), (f), or (h), to life without the possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, or 609.344, and the fact finder determines that a heinous element exists for the
present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.
new text begin
(c) The court shall sentence a person who was under 18 years of age at the time of the
commission of an offense described in paragraph (a) to imprisonment for life.
new text end
Sec. 28.
Minnesota Statutes 2020, section 609.3455, subdivision 5, is amended to read:
Subd. 5.
Life sentences; minimum term of imprisonment.
At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release.new text begin If the offender was
under 18 years of age at the time of the commission of the offense, the minimum term of
imprisonment specified by the court shall not exceed 15 years.
new text end
Sec. 29.
Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:
Subd. 4.
Penalty.
A person convicted under subdivision 2 or 2a is guilty of a felony and
may be sentenced to imprisonment for not more than deleted text begin threedeleted text end new text begin fivenew text end years, or to payment of a
fine of not more than deleted text begin $5,000deleted text end new text begin $10,000new text end , or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 30.
Minnesota Statutes 2020, section 609.527, subdivision 3, is amended to read:
Subd. 3.
Penalties.
A person who violates subdivision 2 may be sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is $250 or less, the person may be sentenced as provided in
section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3, clause (4);
(3) if the offense involves two or three direct victims or the total, combined loss to the
direct and indirect victims is more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (3);
(4) if the offense involves more than three but not more than seven direct victims, or if
the total combined loss to the direct and indirect victims is more than $2,500, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (2); deleted text begin and
deleted text end
(5) if the offense involves eight or more direct victimsdeleted text begin ;deleted text end new text begin ,new text end or if the total, combined loss to
the direct and indirect victims is more than $35,000deleted text begin ; ordeleted text end new text begin , the person may be sentenced as
provided in section 609.52, subdivision 3, clause (1); and
new text end
new text begin (6) new text end if the offense is related to possession or distribution of pornographic work in violation
of section 617.246 or 617.247deleted text begin ;deleted text end new text begin ,new text end the person may be sentenced as provided in section 609.52,
subdivision 3, clause (1).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 31.
Minnesota Statutes 2020, section 609.595, subdivision 1a, is amended to read:
Subd. 1a.
Criminal damage to property in the second degree.
(a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), deleted text begin because of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origindeleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than one year and a day or to payment of a fine of not more
than $3,000, or bothdeleted text begin .deleted text end new text begin , if the damage:
new text end
new text begin
(1) was committed in whole or in part because of the property owner's or another's actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03;
new text end
new text begin
(2) was committed in whole or in part because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
new text end
new text begin
(3) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03; or
new text end
new text begin
(4) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03.
new text end
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the offenses was committed for all of the offenses aggregated
under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 32.
Minnesota Statutes 2020, section 609.595, subdivision 2, is amended to read:
Subd. 2.
Criminal damage to property in the third degree.
(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
reduces the value of the property by more than $500 but not more than $1,000 as measured
by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent deleted text begin because of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
or national origindeleted text end may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
property by not more than $500deleted text begin .deleted text end new text begin and:
new text end
new text begin
(1) was committed in whole or in part because of the property owner's or another's actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03;
new text end
new text begin
(2) was committed in whole or in part because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03;
new text end
new text begin
(3) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of actual or perceived race, color, ethnicity, religion, sex,
gender, sexual orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03; or
new text end
new text begin
(4) was motivated in whole or in part by an intent to intimidate or harm an individual
or group of individuals because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03.
new text end
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 33.
Minnesota Statutes 2020, 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 battered women, as defined under section 611A.31,
subdivision 3, new text begin or providing comparable services for sex trafficking victims, as defined under
section 609.321, subdivision 7b, new text end or of a facility providing transitional housing for battered
women and their childrennew text begin or sex trafficking victims and their childrennew text end , 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 34.
Minnesota Statutes 2020, section 609.66, subdivision 1e, is amended to read:
Subd. 1e.
Felony; drive-by shooting.
(a) deleted text begin Whoever,deleted text end new text begin A person is guilty of a felony who,new text end
while in or having just exited from a motor vehicle, recklessly discharges a firearm at or
toward deleted text begin anotherdeleted text end new text begin :
new text end
new text begin (1) an unoccupiednew text end motor vehicle or deleted text begin adeleted text end building deleted text begin is guilty of a felony and may be sentenced
to imprisonment for not more than three years or to payment of a fine of not more than
$6,000, or both.deleted text end new text begin ;
new text end
new text begin
(2) an occupied motor vehicle or building; or
new text end
new text begin
(3) a person.
new text end
(b) deleted text begin Any person who violates this subdivision by firing at or toward a person, or an
occupied building or motor vehicle, may be sentenceddeleted text end new text begin A person convicted under paragraph
(a), clause (1), may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $6,000, or both. A person convicted under paragraph (a), clause
(2) or (3), may be sentencednew text end to imprisonment for not more than ten years or to payment of
a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section
609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision
2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 35.
Minnesota Statutes 2020, section 609.749, subdivision 3, is amended to read:
Subd. 3.
Aggravated violations.
(a) A person who commits any of the following acts
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in subdivision 2 because of the victim's or another's
actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender
identity, gender expression, age, national origin, or new text end disability as defined in section 363A.03,
deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or perceived association with another
person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03new text end ;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used
in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial
proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 36.
Minnesota Statutes 2020, section 609A.01, is amended to read:
609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
This chapter provides the grounds and procedures for expungement of criminal records
under section 13.82; 152.18, subdivision 1; 299C.11, where new text begin expungement is automatic under
section 609A.015, or new text end a petition is authorized under section 609A.02, subdivision 3; or other
applicable law. The remedy available is limited to a court order sealing the records and
prohibiting the disclosure of their existence or their opening except under court order or
statutory authority. Nothing in this chapter authorizes the destruction of records or their
return to the subject of the records.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 37.
new text begin
[609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
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new text begin Subdivision 1. new text end
new text begin Eligibility; dismissal; exoneration. new text end
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A person who is the subject of a
criminal record or delinquency record is eligible for a grant of expungement relief without
the filing of a petition:
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(1) upon the dismissal and discharge of proceedings against a person under section
152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession
of a controlled substance;
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(2) if the person was arrested and all charges were dismissed prior to a determination
of probable cause; or
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(3) if all pending actions or proceedings were resolved in favor of the person. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the person. For purposes of this chapter, an action or proceeding is resolved in
favor of the person if the petitioner received an order under section 590.11 determining that
the person is eligible for compensation based on exoneration.
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new text begin Subd. 2. new text end
new text begin Eligibility; diversion and stay of adjudication. new text end
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A person is eligible for a grant
of expungement relief if the person has successfully completed the terms of a diversion
program or stay of adjudication and has not been petitioned or charged with a new crime
for one year immediately following completion of the diversion program or stay of
adjudication.
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new text begin Subd. 3. new text end
new text begin Eligibility; certain criminal and delinquency proceedings. new text end
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(a) A person is
eligible for a grant of expungement relief if the person:
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(1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a
qualifying offense;
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(2) has not been convicted of a new crime in Minnesota during the applicable waiting
period immediately following discharge of the disposition or sentence for the crime;
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(3) is not incarcerated or charged with an offense in Minnesota at the time the person
reaches the end of the applicable waiting period; and
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(4) has not been convicted of a new crime in any other jurisdiction during the applicable
waiting period immediately following discharge of the disposition or sentence for the crime,
if the qualifying offense was a felony.
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(b) As used in this subdivision, "qualifying offense" means an adjudication, conviction,
or stayed sentence for:
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(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;
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(2) any misdemeanor offense other than:
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(i) section 169A.27 (fourth-degree driving while impaired);
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(ii) section 518B.01, subdivision 14 (violation of an order for protection);
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(iii) section 609.224 (assault in the fifth degree);
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(iv) section 609.2242 (domestic assault);
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(v) section 609.748 (violation of a harassment restraining order);
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(vi) section 609.78 (interference with emergency call);
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(vii) section 609.79 (obscene or harassing phone calls);
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(viii) section 617.23 (indecent exposure); or
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(ix) section 629.75 (violation of domestic abuse no contact order);
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(3) any gross misdemeanor offense other than:
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(i) section 169A.25 (second-degree driving while impaired);
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(ii) section 169A.26 (third-degree driving while impaired);
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(iii) section 518B.01, subdivision 14 (violation of an order for protection);
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(iv) section 609.2231 (assault in the fourth degree);
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(v) section 609.224 (assault in the fifth degree);
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(vi) section 609.2242 (domestic assault);
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(vii) section 609.233 (criminal neglect);
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(viii) section 609.3451 (criminal sexual conduct in the fifth degree);
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(ix) section 609.377 (malicious punishment of child);
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(x) section 609.485 (escape from custody);
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(xi) section 609.498 (tampering with witness);
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(xii) section 609.582, subdivision 4 (burglary in the fourth degree);
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(xiii) section 609.746 (interference with privacy);
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(xiv) section 609.748 (violation of a harassment restraining order);
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(xv) section 609.749 (harassment; stalking);
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(xvi) section 609.78 (interference with emergency call);
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(xvii) section 617.23 (indecent exposure);
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(xviii) section 617.261 (nonconsensual dissemination of private sexual images); or
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(xix) section 629.75 (violation of domestic abuse no contact order); and
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(4) any of the following felony offenses:
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(i) section 152.025 (controlled substance crime in the fifth degree);
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(ii) section 152.097 (simulated controlled substances);
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(iii) section 256.98 (wrongfully obtaining assistance; theft);
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(iv) section 256.984 (false declaration in assistance application);
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(v) any offense sentenced under section 609.52, subdivision 3, clause (3)(a) (theft of
$5,000 or less);
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(vi) any offense sentenced under section 609.528, subdivision 3, clause (3) (possession
or sale of stolen or counterfeit check);
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(vii) section 609.529 (mail theft);
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(viii) section 609.53 (receiving stolen property);
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(ix) any offense sentenced under section 609.535, subdivision 2a, paragraph (a), clause
(1) (dishonored check over $500);
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(x) section 609.59 (possession of burglary tools);
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(xi) section 609.595, subdivision 1, clauses (3) to (5) (criminal damage to property);
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(xii) section 609.63 (forgery);
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(xiii) any offense sentenced under section 609.631, subdivision 4, clause (3)(a) (check
forgery $2,500 or less); and
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(xiv) any offense sentenced under section 609.821, subdivision 3, paragraph (a), clause
(1), item (iii) (financial transaction card fraud).
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(c) As used in this subdivision, "applicable waiting period" means:
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(1) if the offense was a petty misdemeanor or a misdemeanor, two years;
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(2) if the offense was a gross misdemeanor, four years; and
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(3) if the offense was a felony, five years.
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(d) Offenses ineligible for a grant of expungement under this section remain ineligible
if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 1, clause (2) or
subdivision 2, clause (2).
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new text begin Subd. 4. new text end
new text begin Notice. new text end
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(a) The court shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility at any hearing where the court
dismisses and discharges proceedings against a person under section 152.18, subdivision
1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
substance; concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
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(b) To the extent possible, prosecutors, defense counsel, supervising agents, and
coordinators or supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
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(c) If any party gives notification under this subdivision, the notification shall inform
the person that:
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(1) an expunged record of a conviction may be opened for purposes of a background
study by the Department of Human Services under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board as required
under section 122A.18, subdivision 8; and
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(2) the person can file a petition to expunge the record and request that it be directed to
the commissioner of human services and the Professional Educator Licensing and Standards
Board.
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new text begin Subd. 5. new text end
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Bureau of Criminal Apprehension to identify eligible persons and grant
expungement relief.
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(a) The Bureau of Criminal Apprehension shall identify adjudications
and convictions that qualify for a grant of expungement relief pursuant to this subdivision
or subdivision 1, 2, or 3.
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(b) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal its own records without requiring an application, petition, or motion.
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(c) 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."
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(d) 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.
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(e) The Bureau of Criminal Apprehension shall inform each agency, other than the
Department of Human Services and Department of Health, and jurisdiction whose records
are affected by the grant of expungement relief. Notification may be through electronic
means and may be made in real time or in the form of a monthly report. Each notified agency
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.
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(f) Data on the person whose offense has been expunged under this subdivision are
private data on individuals as defined in section 13.02.
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(g) 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.
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(h) 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.
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(i) The Bureau of Criminal Apprehension is directed to develop a system to provide
criminal justice agencies with uniform statewide access to criminal records sealed by
expungement.
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(j) At sentencing, the prosecuting agency with jurisdiction over the criminal record may
ask the court to prohibit the Bureau of Criminal Apprehension from granting expungement
relief under this section. The court shall grant the request upon a showing of clear and
convincing evidence that the interests of the public and public safety outweigh the
disadvantages to the defendant of not sealing the record.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2023, and applies to individuals
with dismissals, discharges, or resolutions described in subdivision 1; who successfully
complete diversion as described in subdivision 2; or who are adjudicated delinquent for,
convicted of, or receive a stayed sentence for a qualifying offense as described in subdivision
3 on or after that date and retroactively to individuals:
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(1) with dismissals, discharges, or resolutions described in subdivision 1 that take place
on or after August 1, 2021;
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(2) who successfully complete diversion as described in subdivision 2 on or after August
1, 2021; or
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(3) adjudicated delinquent for, convicted of, or who received a stayed sentence for a
qualifying offense described in paragraph (b), clause (1), (2), or (3) on or after August 1,
2021.
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Sec. 38.
Minnesota Statutes 2020, section 609A.02, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Expungement of arrest. new text end
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A petition may be filed under section 609A.03 to
seal all records relating to an arrest if:
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(1) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment; and
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(2) the applicable limitations period under section 628.26 has expired, and no indictment
or complaint was found or made and filed against the person.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2021, and applies to individuals
arrested on or after that date.
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Sec. 39.
Minnesota Statutes 2020, section 609A.02, subdivision 3, is amended to read:
Subd. 3.
Certain criminal proceedings.
(a) A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict
if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved
in favor of the petitioner, if the petitioner received an order under section 590.11 determining
that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay
of adjudication and has not been charged with a new crime for at least one year since
completion of the diversion program or stay of adjudication;
(3) the petitioner was convicted of or received a stayed sentence for a petty misdemeanor
or misdemeanor and has not been convicted of a new crime for at least two years since
discharge of the sentence for the crime;
(4) the petitioner was convicted of or received a stayed sentence for a gross misdemeanor
and has not been convicted of a new crime for at least four years since discharge of the
sentence for the crime; or
(5) the petitioner was convicted of or received a stayed sentence for a felony violation
of an offense listed in paragraph (b), and has not been convicted of a new crime for at least
five years since discharge of the sentence for the crime.
(b) Paragraph (a), clause (5), applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
simulated controlled substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8)new text begin section 256.98 (wrongfully obtaining assistance);
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new text begin (9)new text end section 256.984 (false declaration in assistance application);
deleted text begin (9)deleted text end new text begin (10)new text end section 296A.23, subdivision 2 (willful evasion of fuel tax);
deleted text begin (10)deleted text end new text begin (11)new text end section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
deleted text begin (11)deleted text end new text begin (12)new text end section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
deleted text begin (12)deleted text end new text begin (13)new text end section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize
notices and solicitations);
deleted text begin (13)deleted text end new text begin (14)new text end section 346.155, subdivision 10 (failure to control regulated animal);
deleted text begin (14)deleted text end new text begin (15)new text end section 349.2127; or 349.22 (gambling regulations);
deleted text begin (15)deleted text end new text begin (16)new text end section 588.20 (contempt);
deleted text begin (16)deleted text end new text begin (17)new text end section 609.27, subdivision 1, clauses (2) to (5) (coercion);
deleted text begin (17)deleted text end new text begin (18)new text end section 609.31 (leaving state to evade establishment of paternity);
deleted text begin (18)deleted text end new text begin (19)new text end section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from
civil commitment for mental illness);
deleted text begin (19)deleted text end new text begin (20)new text end section 609.49 (failure to appear in court);
deleted text begin (20)deleted text end new text begin (21)new text end section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other
theft offense that is sentenced under this provision; new text begin 609.52, subdivision 3, clause (2) (theft
of $5,000 to $35,000); new text end or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with
risk of bodily harm);
deleted text begin (21)deleted text end new text begin (22)new text end section 609.525 (bringing stolen goods into state);
deleted text begin (22)deleted text end new text begin (23)new text end section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
deleted text begin (23)deleted text end new text begin (24)new text end section 609.527, subdivision 5b (possession or use of scanning device or
reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
check); or 609.529 (mail theft);
deleted text begin (24)deleted text end new text begin (25)new text end section 609.53 (receiving stolen goods);
deleted text begin (25)deleted text end new text begin (26)new text end section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
over $500);
deleted text begin (26)deleted text end new text begin (27)new text end section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
deleted text begin (27)deleted text end new text begin (28)new text end section 609.551 (rustling and livestock theft);
deleted text begin (28)deleted text end new text begin (29)new text end section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
deleted text begin (29)deleted text end new text begin (30)new text end section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
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(31) section 609.59 (possession of burglary or theft tools);
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deleted text begin (30)deleted text end new text begin (32)new text end section 609.595, subdivision 1, clauses (3) to (5)deleted text begin , and subdivision 1a, paragraph
(a) (criminal damage to property)deleted text end ;
deleted text begin (31)deleted text end new text begin (33)new text end section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
deleted text begin (32)deleted text end new text begin (34)new text end section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
deleted text begin (33)deleted text end new text begin (35)new text end section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4, paragraph (a) (lottery fraud);
deleted text begin (34)deleted text end new text begin (36)new text end section 609.652 (fraudulent driver's license and identification card);
deleted text begin (35)deleted text end new text begin (37)new text end section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
or 609.66, subdivision 1b (furnishing firearm to minor);
deleted text begin (36)deleted text end new text begin (38)new text end section 609.662, subdivision 2, paragraph (b) (duty to render aid);
deleted text begin (37)deleted text end new text begin (39)new text end section 609.686, subdivision 2 (tampering with fire alarm);
deleted text begin (38)deleted text end new text begin (40)new text end section 609.746, subdivision 1, paragraph (e) (interference with privacy;
subsequent violation or minor victim);
deleted text begin (39)deleted text end new text begin (41)new text end section 609.80, subdivision 2 (interference with cable communications system);
deleted text begin (40)deleted text end new text begin (42)new text end section 609.821, subdivision 2 (financial transaction card fraud);
deleted text begin (41)deleted text end new text begin (43)new text end section 609.822 (residential mortgage fraud);
deleted text begin (42)deleted text end new text begin (44)new text end section 609.825, subdivision 2 (bribery of participant or official in contest);
deleted text begin (43)deleted text end new text begin (45)new text end section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
transit operator);
deleted text begin (44)deleted text end new text begin (46)new text end section 609.88 (computer damage); or 609.89 (computer theft);
deleted text begin (45)deleted text end new text begin (47)new text end section 609.893, subdivision 2 (telecommunications and information services
fraud);
deleted text begin (46)deleted text end new text begin (48)new text end section 609.894, subdivision 3 or 4 (cellular counterfeiting);
deleted text begin (47)deleted text end new text begin (49)new text end section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);
deleted text begin (48)deleted text end new text begin (50)new text end section 609.896 (movie pirating);
deleted text begin (49)deleted text end new text begin (51)new text end section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
subdivision 2 (transfer of pistol to ineligible person); or
deleted text begin (50)deleted text end new text begin (52)new text end section 624.7181 (rifle or shotgun in public by minor).
new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2021.
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Sec. 40.
Minnesota Statutes 2020, section 609A.025, is amended to read:
609A.025 NO PETITION REQUIRED IN CERTAIN CASES WITH
PROSECUTOR AGREEMENT AND NOTIFICATION.
(a) If the prosecutor agrees to the sealing of a criminal record, the court shall seal the
criminal record for a person described in section 609A.02, subdivision 3, without the filing
of a petition unless it determines that the interests of the public and public safety in keeping
the record public outweigh the disadvantages to the subject of the record in not sealing it.new text begin
The prosecutor shall inform the court whether the context and circumstances of the underlying
crime indicate a nexus between the criminal record to be expunged and the person's status
as a crime victim and, if so, request that the court make the appropriate findings to support
the relief described in section 609A.03, subdivision 6a.
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(b) new text begin At least 90 days new text end before agreeing to the sealing of a record under this section, the
prosecutor shall make a good faith effort to notify any identifiable victims of the offense
of the intended agreement and the opportunity to object to the agreement.
(c) Subject to paragraph (b), the agreement of the prosecutor to the sealing of records
for a person described in section 609A.02, subdivision 3, paragraph (a), clause (2), may
occur before or after the criminal charges are dismissed.
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(d) A prosecutor shall agree to the sealing of a criminal record for a person described
in section 609A.02, subdivision 2a, unless substantial and compelling reasons exist to object
to the sealing.
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new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2021, and applies to agreements
to the sealing of a criminal record entered into by a prosecutor on or after that date.
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Sec. 41.
Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:
Subd. 5.
Nature of remedy; standard.
(a) Except as otherwise provided by paragraph
(b), expungement of a criminal record new text begin under this section new text end is an extraordinary remedy to be
granted only upon clear and convincing evidence that it would yield a benefit to the petitioner
commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an
expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for
the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause
(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the petitioner of not
sealing the record.
(c) In making a determination under this subdivision, the court shall consider:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the
petitioner's level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner's attempts to obtain
employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections
officials;
(10) the recommendations of victims or whether victims of the underlying crime were
minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
toward payment, and the measures in place to help ensure completion of restitution payment
after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court
issues an expungement order it may require that the criminal record be sealed, the existence
of the record not be revealed, and the record not be opened except as required under
subdivision 7. Records must not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee, former employee,
or tenant that has been expunged before the occurrence of the act giving rise to the civil
action may not be introduced as evidence in a civil action against a private employer or
landlord or its employees or agents that is based on the conduct of the employee, former
employee, or tenant.
new text begin EFFECTIVE DATE. new text end
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This section is effective August 1, 2021.
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Sec. 42.
Minnesota Statutes 2020, section 609A.03, subdivision 7, is amended to read:
Subd. 7.
Limitations of order effective before January 1, 2015.
(a) Upon issuance of
an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105, shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a criminal investigation,
prosecution, or sentencing, upon an ex parte court order;
(2) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order; deleted text begin and
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(3) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the court order for expungement is directed specifically
to the commissioner of human servicesnew text begin ; and
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new text begin (4) the Bureau of Criminal Apprehension shall include summary entries of expunged
records in all nonpublic criminal histories it generates for use by criminal justice agenciesnew text end .
Upon request by law enforcement, prosecution, or corrections authorities, an agency or
jurisdiction subject to an expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as provided by this paragraph. For
purposes of this section, a "criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under statutory authority.
(c) This subdivision applies to expungement orders subject to its limitations and effective
before January 1, 2015.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 43.
Minnesota Statutes 2020, section 609A.03, subdivision 7a, is amended to read:
Subd. 7a.
Limitations of order effective January 1, 2015, and later.
(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), new text begin or 609A.015, subdivision 1, clause (3),
new text end after an acquittal or a court order dismissing for lack of probable cause, for purposes of a
criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex
parte court order after stating a good-faith basis to believe that opening the record may lead
to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;
(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board or the
licensing division of the Department of Education; deleted text begin and
deleted text end
(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the courtnew text begin ;
new text end
new text begin
(7) a prosecutor may request, and the district court shall provide, certified records of
conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025,
and the certified records of conviction may be disclosed and introduced in criminal court
proceedings as provided by the rules of court and applicable law;
new text end
new text begin
(8) the Bureau of Criminal Apprehension shall include summary entries of expunged
records in all nonpublic criminal histories it generates for use by criminal justice agencies;
and
new text end
new text begin (9) the subject of an expunged record may request, and the court shall provide, certified
or uncertified records of conviction for a record expunged pursuant to sections 609A.015,
609A.02, and 609A.025new text end .
(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services, the Professional
Educator Licensing and Standards Board, or the licensing division of the Department of
Education of the existence of a sealed record and of the right to obtain access under paragraph
(b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement
order shall provide access to the record to the commissioner of human services, the
Professional Educator Licensing and Standards Board, or the licensing division of the
Department of Education under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.
(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, except that paragraph
(b), clause (8) is effective August 1, 2023.
new text end
Sec. 44.
Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:
Subd. 9.
Stay of order; appeal.
An expungement order new text begin issued under this section new text end shall
be stayed automatically for 60 days after the order is filed and, if the order is appealed,
during the appeal period. A person or an agency or jurisdiction whose records would be
affected by the order may appeal the order within 60 days of service of notice of filing of
the order. An agency or jurisdiction or its officials or employees need not file a cost bond
or supersedeas bond in order to further stay the proceedings or file an appeal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 45.
Minnesota Statutes 2020, 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;
deleted text begin and
deleted text end
(2) the right to be present at the sentencing hearing and at the hearing during which the
plea is presented to the court and to express 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 courtnew text begin ; and
new text end
new text begin (3) the eligibility of the offense for automatic expungement pursuant to section 609A.015,
and the victim's right to express to the court orally or in writing, at the victim's option, any
objection to a grant of expungement relief. If the victim is not present, but has communicated
objections to the prosecuting attorney, the prosecuting attorney shall make these objections
known to the courtnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to plea
agreements entered into on or after that date.
new text end
Sec. 46. new text begin TASK FORCE ON THE CONTENTS AND USE OF PRESENTENCE
INVESTIGATION REPORTS AND IMPOSITION OF CONDITIONS OF
PROBATION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The task force on the contents and use of presentence
investigation reports and imposition of conditions of probation is established to review the
statutory requirements in Minnesota Statutes, section 609.115, for the content of presentence
investigation reports and determine whether that level of information is useful and necessary
in all cases; determine whether presentence investigation reports should be required in all
cases or only a subset of cases; collect and analyze data on the conditions of probation
ordered by courts; assess whether current practices promote public safety and equity in
sentencing; and make recommendations to the legislature.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(2) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(3) the commissioner of corrections or a designee;
new text end
new text begin
(4) two district court judges of which one shall be a judge in a metropolitan county and
one shall be a judge in a county other than a metropolitan county, appointed by the chief
justice of the supreme court;
new text end
new text begin
(5) the chair of the Minnesota Sentencing Guidelines Commission or a designee;
new text end
new text begin
(6) the state public defender or a designee;
new text end
new text begin
(7) one county attorney, appointed by the Minnesota County Attorneys Association; and
new text end
new text begin
(8) three probation officers including one employee of the Department of Corrections,
one employee of a county that takes part in the Community Corrections Act, and one
employee of a county that does not take part in the Community Corrections Act, appointed
by the commissioner of corrections.
new text end
new text begin
(b) As used in this section, "metropolitan county" has the meaning given in Minnesota
Statutes, section 473.121, subdivision 4.
new text end
new text begin
(c) Appointments must be made no later than July 30, 2021.
new text end
new text begin
(d) Members shall serve without compensation.
new text end
new text begin
(e) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin
(d) To compile and analyze data, the task force may request the cooperation and assistance
of local law enforcement agencies, the Minnesota Sentencing Guidelines Commission, the
judicial branch, the Bureau of Criminal Apprehension, county attorneys, and Tribal
governments, academics, and others with experience and expertise in researching probation
and criminal sentences.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) collect and analyze available data on how often presentence investigation reports
are filed with the court, and in which types of cases;
new text end
new text begin
(2) review and discuss whether presentence investigation reports should be required in
all felony cases, and make recommendations to the legislature;
new text end
new text begin
(3) review and discuss the required content of presentence investigation reports, determine
whether that level of detail is needed in every case, and consider recommendations for
changing the required content;
new text end
new text begin
(4) collect and analyze available data on conditions of probation imposed by courts;
new text end
new text begin
(5) assess what factors courts consider when imposing conditions of probation;
new text end
new text begin
(6) determine what data is available to show whether particular conditions of probation
are effective in promoting public safety and rehabilitation of an offender;
new text end
new text begin
(7) determine whether conditions of probation are consistent across geographic and
demographic groups and, if not, how they differ;
new text end
new text begin
(8) determine the most effective methods to provide a court with relevant information
to establish appropriate conditions of probation;
new text end
new text begin
(9) review relevant state statutes and state and federal court decisions; and
new text end
new text begin
(10) make recommendations for legislative action, if any, on laws affecting presentence
investigation reports and appropriate conditions of probation.
new text end
new text begin
(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
On or before January 15, 2023, the task force shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over criminal sentencing on the findings and
recommendations of the task force.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The task force expires the day after submitting its report under
subdivision 5.
new text end
Sec. 47. new text begin TITLE.
new text end
new text begin
Sections 36 to 45 may be referred to as the "Clean Slate Act."
new text end
Sec. 48. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end
new text begin
The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, section 609.322.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021.
new text end
Sec. 49. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year"
consistent with the change in section 10. The revisor shall also make other technical changes
resulting from the change of term to the statutory language if necessary to preserve the
meaning of the text.
new text end
Sec. 50. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, section 609.324, subdivision 3,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end
Sec. 51. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 6, 9, 10, 15, and 17 to 20 are effective the day following final enactment and
apply to offenders sentenced on or after that date, and retroactively to offenders:
new text end
new text begin
(1) sentenced to life imprisonment without possibility of release following a conviction
under Minnesota Statutes, section 609.185, paragraph (a), for an offense committed when
the offender was under 18 years of age and when a sentence was imposed pursuant to
Minnesota Statutes, section 609.106, subdivision 2;
new text end
new text begin
(2) sentenced to life imprisonment without possibility of release following a conviction
under Minnesota Statutes, section 609.3455, subdivision 2, for an offense committed when
the offender was under 18 years of age;
new text end
new text begin
(3) sentenced to life imprisonment under Minnesota Statutes, section 609.185, paragraph
(a), clause (3), (5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, for
an offense committed when the offender was under 18 years of age;
new text end
new text begin
(4) sentenced to life imprisonment under Minnesota Statutes, section 609.385, for an
offense committed when the offender was under 18 years of age;
new text end
new text begin
(5) sentenced to life imprisonment under Minnesota Statutes, section 609.3455,
subdivision 3 or 4, if the minimum term of imprisonment specified by the court in its sentence
exceeds 15 years for an offense committed when the offender was under 18 years of age;
or
new text end
new text begin
(6) sentenced to an executed sentence that includes a term of imprisonment of more than
15 years or separate, consecutive executed sentences for two or more crimes that include
combined terms of imprisonment that total more than 15 years for an offense committed
when the offender was under 18 years of age.
new text end
ARTICLE 7
PUBLIC SAFETY
Section 1.
Minnesota Statutes 2020, section 169A.55, subdivision 2, is amended to read:
Subd. 2.
Reinstatement of driving privileges; notice.
Upon expiration of a period of
revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54
(impaired driving convictions and adjudications; administrative penalties), or 171.177
(revocation; search warrant), the commissioner shall notify the person of the terms upon
which driving privileges can be reinstated, and new registration plates issued, which terms
are: (1) deleted text begin successful completion of an examination anddeleted text end proof of compliance with any terms
of alcohol treatment or counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that particular case. The
commissioner shall notify the owner of a motor vehicle subject to an impoundment order
under section 169A.60 (administrative impoundment of plates) as a result of the violation
of the procedures for obtaining new registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is resumed without reinstatement
of driving privileges or without valid registration plates and registration certificate, the
person will be subject to criminal penalties.
Sec. 2.
Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:
Subd. 4.
Reinstatement of driving privileges; multiple incidents.
new text begin
(a) A person whose
driver's license has been revoked as a result of an offense listed under clause (2) shall not
be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that either:
new text end
new text begin
(1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end
new text begin
(i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
new text end
new text begin
(ii) the person's attestation under penalty of perjury; and
new text end
new text begin
(iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
new text end
new text begin
(2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:
new text end
new text begin
(i) one year, for a person whose driver's license was revoked for:
new text end
new text begin
(A) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end
new text begin
(B) an offense occurring after two qualified prior impaired driving incidents; or
new text end
new text begin
(ii) two years, for a person whose driver's license was revoked for:
new text end
new text begin
(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or
new text end
new text begin
(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
new text end
deleted text begin (a)deleted text end new text begin (b)new text end A person whose driver's license has been canceled or denied as a result of three
or more qualified impaired driving incidents shall not be eligible for reinstatement of driving
privileges without an ignition interlock restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substancesnew text begin
under paragraph (c)new text end , as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.
deleted text begin (b)deleted text end new text begin (c)new text end The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.
deleted text begin
(c) The commissioner shall establish performance standards and a process for certifying
chemical monitoring devices. The standards and procedures are not rules and are exempt
from chapter 14, including section 14.386.
deleted text end
Sec. 3.
Minnesota Statutes 2020, section 169A.60, subdivision 13, is amended to read:
Subd. 13.
Special registration plates.
(a) At any time during the effective period of an
impoundment order, a violator or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers or letters so as to be readily
identified by traffic law enforcement officers. The commissioner may authorize the issuance
of special plates if:
(1) the violator has a qualified licensed driver whom the violator must identify;
(2) the violator or registered owner has a limited license issued under section 171.30;
(3) the registered owner is not the violator and the registered owner has a valid or limited
driver's license;
(4) a member of the registered owner's household has a valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates for that vehicle subject to
plate impoundment for a period of at least one year from the date of the impoundment order.
In addition, if the owner is the violator, new registration plates may not be issued for the
vehicle unless the person has been reissued a valid driver's license in accordance with chapter
171.
(c) A violator may not apply for new registration plates for a vehicle at any time before
the person's driver's license is reinstated.
(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested.
(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request
new registration plates for deleted text begin adeleted text end new text begin anynew text end vehicle new text begin owned by a violator or registered ownernew text end for which
the registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency.
new text begin
(f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment
of a $100 fee for each vehicle for which special plates are requested, must issue new
registration plates for any vehicle owned by a violator or registered owner for which the
registration plates have been impounded if the violator becomes a program participant in
the ignition interlock program under section 171.306.
new text end
Sec. 4.
Minnesota Statutes 2020, section 171.29, subdivision 1, is amended to read:
Subdivision 1.
Examination required.
new text begin (a) new text end No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792deleted text begin , 169A.52,deleted text end
deleted text begin or deleted text end shall be issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision
does not apply to an applicant for early reinstatement under section 169.792, subdivision
7a.
new text begin
(b) The requirement to successfully pass the examination described in paragraph (a)
does not apply to a person whose driver's license has been revoked because of an impaired
driving offense.
new text end
Sec. 5.
Minnesota Statutes 2020, section 171.30, subdivision 1, is amended to read:
Subdivision 1.
Conditions of issuance.
(a) The commissioner may issue a limited license
to the driver under the conditions in paragraph (b) in any case where a person's license has
been:
(1) suspended under section 171.18, 171.173, 171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);new text begin or
new text end
deleted text begin
(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end
deleted text begin (C)deleted text end new text begin (B)new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;
deleted text begin
(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end
(iv) 171.17; or
(v) 171.172;
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less
than twice the legal limit;
(ii) subdivision 1, clause (2);new text begin or
new text end
deleted text begin
(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
deleted text end
deleted text begin (iv)deleted text end new text begin (iii)new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit; or
(4) revoked, canceled, or denied under section 171.177:
(i) subdivision 4, paragraph (a), clause (1) or (2);new text begin or
new text end
deleted text begin
(ii) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end
deleted text begin (iii)deleted text end new text begin (ii)new text end subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limitdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(iv) subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306.
deleted text end
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial
disruption of the education, medical, or nutritional needs of the family of the homemaker;
or
(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license may
be limited to the operation of particular vehicles, to particular classes and times of operation,
and to particular conditions of traffic. The commissioner may require that an applicant for
a limited license affirmatively demonstrate that use of public transportation or carpooling
as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child or
other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit specified
in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the limitations
imposed and the driver operating under the limited license shall have the license in possession
at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under section
169.792 or 169.797, the commissioner may only issue a limited license to the person after
the person has presented an insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage satisfactory to the commissioner
of public safety. The commissioner of public safety may require the insurance identification
card provided to satisfy this subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section 171.186,
subdivision 4, must expire 90 days after the date it is issued. The commissioner must not
issue a limited license to a person who previously has been issued a limited license under
section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person described
in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
Sec. 6.
Minnesota Statutes 2020, section 171.306, subdivision 2, is amended to read:
Subd. 2.
Performance standards; certification; manufacturer and provider
requirements.
(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order.
(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:
(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; deleted text begin and
deleted text end
(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expirednew text begin ; and
new text end
new text begin (3) include in an ignition interlock device contract a provision that requires manufacturers
of certified devices to pay any towing or repair costs caused by device failure or malfunction,
or by damage caused during device installation, servicing, or monitoringnew text end .
(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.
Sec. 7.
Minnesota Statutes 2020, section 171.306, subdivision 4, is amended to read:
Subd. 4.
Issuance of restricted license.
(a) The commissioner shall issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.
The commissioner shall not issue a license unless the program participant has provided
satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. new text begin If the participant has previously been convicted of violating section 169.791,
169.793, or 169.797 or the participant's license has previously been suspended or canceled
under section 169.792 or 169.797, new text end the commissioner shall require the participant to present
an insurance identification carddeleted text begin , policy, or written statement as proof of insurance coverage,
and may require the insurance identification card provided bedeleted text end new text begin that isnew text end certified by the insurance
company to be noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting
the program participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by the
commissioner. A participant may drive an employer-owned vehicle not equipped with an
interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner and with the employer's written
consent.
(c) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision
1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or
(4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2,
clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm, where the participant has fewer than two qualified prior impaired driving
incidents within the past ten years or fewer than three qualified prior impaired driving
incidents ever; may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction.
(d) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),
item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or
609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for deleted text begin a limiteddeleted text end new text begin conditional reinstatement of the
driver'snew text end license, subject to the ignition interlock restriction, if the program participant is
enrolled in a licensed chemical dependency treatment or rehabilitation program as
recommended in a chemical use assessmentdeleted text begin , and if the participant meets the other applicable
requirements of section 171.30. After completingdeleted text end new text begin . As a prerequisite to eligibility for eventual
reinstatement of full driving privileges, a participant whose chemical use assessment
recommended treatment or rehabilitation shall completenew text end a licensed chemical dependency
treatment or rehabilitation program deleted text begin and one year of limited license use without violating
the ignition interlock restriction, the conditions of limited license use, or program guidelines,
the participant may apply for conditional reinstatement of the driver's license, subject to the
ignition interlock restrictiondeleted text end . If the program participant's ignition interlock device
subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
commissioner shall deleted text begin cancel the driver's license, and the program participant may apply for
another limited license according to this paragraph.deleted text end new text begin extend the time period that the participant
must participate in the program until the participant has reached the required abstinence
period described in section 169A.55, subdivision 4.
new text end
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner shall not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant's device has registered no positive breath alcohol concentrations
of 0.02 or higher during the preceding 90 days.
Sec. 8.
Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
Subd. 3a.
Commissioner, powers and duties.
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin
(j) To perform these duties with the goal of promoting public safety. Promoting public
safety includes the promotion of human rights. "Public safety" means reducing or preventing
crime while maintaining the basic rights, freedoms, and privileges that belong to every
person including the right to dignity, fairness, equality, respect, and freedom from
discrimination, and is achieved by preferring the use of community services to imprisonment
or other confinement unless confinement is necessary to protect the public, promoting the
rehabilitation of those convicted through the provision of evidence-based programming and
services, and imposing sanctions that are the least restrictive necessary to achieve
accountability, address the harm for the offense, and ensure victim safety.
new text end
Sec. 9.
Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to deleted text begin the offensesdeleted text end new text begin an offense or involving similar circumstances to an offensenew text end described in
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state deleted text begin that would
be a violation of a lawdeleted text end new text begin similar to an offense or involving similar circumstances to an offensenew text end
described in paragraph (a) deleted text begin if committed in this statedeleted text end new text begin , clause (1), (2), or (3),new text end and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2021, and applies to offenders
who live in the state or who enter the state on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2020, section 243.166, subdivision 4b, is amended to read:
Subd. 4b.
Health care facility; notice of status.
(a) For the purposes of this subdivision:
(1) "health care facility" means a facility:
(i) licensed by the commissioner of health as a hospital, boarding care home or supervised
living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A;
(ii) registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01; or
(iii) licensed by the commissioner of human services as a residential facility under
chapter 245A to provide adult foster care, adult mental health treatment, chemical dependency
treatment to adults, or residential services to persons with disabilities; deleted text begin and
deleted text end
(2) "home care provider" has the meaning given in section 144A.43deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) "hospice provider" has the meaning given in section 144A.75.
new text end
(b) Prior to admission to a health care facility or home care services from a home care
providernew text begin or hospice services from a hospice providernew text end , a person required to register under
this section shall disclose to:
(1) the health care facility employee or the home care provider new text begin or hospice provider
new text end processing the admission the person's status as a registered predatory offender under this
section; and
(2) the person's corrections agent, or if the person does not have an assigned corrections
agent, the law enforcement authority with whom the person is currently required to register,
that admission will occur.
(c) A law enforcement authority or corrections agent who receives notice under paragraph
(b) or who knows that a person required to register under this section is planning to be
admitted and receive, or has been admitted and is receiving health care at a health care
facility or home care services from a home care providernew text begin or hospice services from a hospice
providernew text end , shall notify the administrator of the facility or the home care providernew text begin or the hospice
providernew text end and deliver a fact sheet to the administrator or provider containing the following
information: (1) name and physical description of the offender; (2) the offender's conviction
history, including the dates of conviction; (3) the risk level classification assigned to the
offender under section 244.052, if any; and (4) the profile of likely victims.
(d) Except for a hospital licensed under sections 144.50 to 144.58, if a health care facility
receives a fact sheet under paragraph (c) that includes a risk level classification for the
offender, and if the facility admits the offender, the facility shall distribute the fact sheet to
all residents at the facility. If the facility determines that distribution to a resident is not
appropriate given the resident's medical, emotional, or mental status, the facility shall
distribute the fact sheet to the patient's next of kin or emergency contact.
(e) If a home care provider new text begin or hospice provider new text end receives a fact sheet under paragraph (c)
that includes a risk level classification for the offender, the provider shall distribute the fact
sheet to any individual who will provide direct services to the offender before the individual
begins to provide the service.
Sec. 11.
Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:
Subd. 5.
Promulgation of Sentencing Guidelines.
The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines promulgated by the commission shall
be advisory to the district court and shall establish:
(1) the circumstances under which imprisonment of an offender is proper; and
(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based
on each appropriate combination of reasonable offense and offender characteristics. The
guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the
presumptive, fixed sentence.
The Sentencing Guidelines promulgated by the commission may also establish appropriate
sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated
by the commission establishing sanctions for offenders for whom imprisonment is not proper
shall make specific reference to noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community work orders, work release
programs in local facilities, community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation and the conditions thereof.
Although the Sentencing Guidelines are advisory to the district court, the court shall
follow the procedures of the guidelines when it pronounces sentence in a proceeding to
which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing
Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity, proportionality, rationality, and
predictability in sentencing.
In establishing and modifying the Sentencing Guidelines, the primary consideration of
the commission shall be public safety. new text begin Promoting public safety includes the promotion of
human rights. "Public safety" means reducing or preventing crime while maintaining the
basic rights, freedoms, and privileges that belong to every person including the right to
dignity, fairness, equality, respect, and freedom from discrimination, and is achieved by
preferring the use of community services to imprisonment or other confinement unless
confinement is necessary to protect the public, promoting the rehabilitation of those convicted
through the provision of evidence-based programming and services, and imposing sanctions
that are the least restrictive necessary to achieve accountability, address the harm for the
offense, and ensure victim safety.new text end The commission shall also consider current sentencing
and release practices; correctional resources, including but not limited to the capacities of
local and state correctional facilities; and the long-term negative impact of the crime on the
community.
The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review
administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines,
including procedures for the promulgation of severity levels and criminal history scores,
and these rules shall be subject to review by the Legislative Coordinating Commission.
Sec. 12.
Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:
Subd. 2.
Duties of commissioner.
new text begin (a) new text end The duties of the commissioner shall include the
following:
(1) the coordination, development and maintenance of services contracts with existing
state departments and agencies assuring the efficient and economic use of advanced business
machinery including computers;
(2) the execution of contracts and agreements with existing state departments for the
maintenance and servicing of vehicles and communications equipment, and the use of related
buildings and grounds;
(3) the development of integrated fiscal services for all divisions, and the preparation
of an integrated budget for the department;
(4) the publication and award of grant contracts with state agencies, local units of
government, and other entities for programs that will benefit the safety of the public; and
(5) the establishment of a planning bureau within the department.
new text begin
(b) The commissioner shall exercise these duties with the goal of promoting public
safety. Promoting public safety includes the promotion of human rights. "Public safety"
means reducing or preventing crime while maintaining the basic rights, freedoms, and
privileges that belong to every person including the right to dignity, fairness, equality,
respect, and freedom from discrimination, and is achieved by engaging in practices that
include promoting community cohesion, employing meaningful problem-solving strategies,
and utilizing the least restrictive sanctions or interventions necessary to reduce or repair
harm, ensure victim safety, and ensure accountability for offending.
new text end
Sec. 13.
new text begin
[299A.011] ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
new text end
new text begin
The commissioner may accept donations, grants, bequests, and other gifts of money to
carry out the purposes of this chapter. Donations, nonfederal grants, bequests, or other gifts
of money accepted by the commissioner must be deposited in an account in the special
revenue fund and are appropriated to the commissioner for the purpose for which it was
given.
new text end
Sec. 14.
Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:
Subd. 2.
Expense recovery.
The commissioner shall assess the responsible person for
the regional hazardous materials response team costs of response. The commissioner may
bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional
court costs.new text begin Any funds received by the commissioner under this subdivision are appropriated
to the commissioner to pay for costs for which the funds were received. Any remaining
funds at the end of the biennium shall be transferred to the Fire Safety Account.
new text end
Sec. 15.
Minnesota Statutes 2020, section 299A.55, is amended to read:
299A.55 RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS
MATERIALS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given them.
(b) "Applicable rail carrier" means a railroad company that is subject to an assessment
under section 219.015, subdivision 2.
(c) "Hazardous substance" has the meaning given in section 115B.02, subdivision 8.
(d) "Oil" has the meaning given in section 115E.01, subdivision 8.
(e) "Pipeline company" means any individual, partnership, association, or public or
private corporation who owns and operates pipeline facilities and is required to show specific
preparedness under section 115E.03, subdivision 2.
Subd. 2.
Railroad and pipeline safety account.
(a) A railroad and pipeline safety
account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
deleted text begin
(b) $104,000 is annually appropriated from the railroad and pipeline safety account to
the commissioner of the Pollution Control Agency for environmental protection activities
related to railroad discharge preparedness under chapter 115E.
deleted text end
deleted text begin
(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
the railroad and pipeline safety account to the commissioner of transportation for improving
safety at railroad grade crossings.
deleted text end
deleted text begin (d) Following the appropriation in paragraphs (b) and (c), the remaining money in the
account isdeleted text end new text begin (b) Funds arenew text end annually appropriated to the commissioner of public safety for the
purposes specified in subdivision 3.
Subd. 3.
Allocation of funds.
(a) Subject to funding appropriated for this subdivision,
the commissioner shall provide funds for training and response preparedness related to (1)
derailments, discharge incidents, or spills involving trains carrying oil or other hazardous
substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous
substances.
(b) The commissioner shall allocate available funds as follows:
deleted text begin
(1) $100,000 annually for emergency response teams; and
deleted text end
deleted text begin
(2) the remaining amount to the Board of Firefighter Training and Education under
section 299N.02 and the Division of Homeland Security and Emergency Management.
deleted text end
new text begin
(1) $225,000 for existing full-time equivalent and on-call funding at the Department of
Public Safety, State Fire Marshal Division;
new text end
new text begin
(2) $122,000 for program operating expenses;
new text end
new text begin
(3) $128,000 transferred to the Minnesota Pollution Control Agency for program
operating expenses;
new text end
new text begin
(4) $125,000 for Minnesota Board of Firefighter Training and Education training
programs for fire departments;
new text end
new text begin
(5) $200,000 to facilitate and support trainings and exercises for State Emergency
Response Teams;
new text end
new text begin
(6) $200,000 to support local planning;
new text end
new text begin
(7) $200,000 to replace state hazmat response team equipment;
new text end
new text begin
(8) $700,000 for capital equipment and vehicle replacement; and
new text end
new text begin
(9) $600,000 transferred to the Department of Transportation for statewide rail crossing
improvements.
new text end
(c) Prior to making allocations under paragraph (b), the commissioner shall consult with
the Fire Service Advisory Committee under section 299F.012, subdivision 2.
(d) The commissioner and the entities identified in paragraph (b), clause (2), shall
prioritize uses of funds based on:
(1) firefighter training needs;
(2) community risk from discharge incidents or spills;
(3) geographic balance; and
(4) recommendations of the Fire Service Advisory Committee.
(e) The following are permissible uses of funds provided under this subdivision:
(1) training costs, which may include, but are not limited to, training curriculum, trainers,
trainee overtime salary, other personnel overtime salary, and tuition;
(2) costs of gear and equipment related to hazardous materials readiness, response, and
management, which may include, but are not limited to, original purchase, maintenance,
and replacement;
(3) supplies related to the uses under clauses (1) and (2); and
(4) emergency preparedness planning and coordination.
(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline
safety account provided for the purposes under this subdivision, the commissioner may
retain a balance in the account for budgeting in subsequent fiscal years.
Subd. 4.
Assessments.
(a) The commissioner of public safety shall annually assess
$2,500,000 to railroad and pipeline companies based on the formula specified in paragraph
(b). The commissioner shall deposit funds collected under this subdivision in the railroad
and pipeline safety account under subdivision 2.
(b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles operated
in Minnesota. The assessment for each pipeline company is 50 percent of the total annual
assessment amount, divided in equal proportion between companies based on the yearly
aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.
deleted text begin
(c) The assessments under this subdivision expire July 1, 2017.
deleted text end
Sec. 16.
new text begin
[299A.625] INNOVATION IN COMMUNITY SAFETY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given them.
new text end
new text begin
(b) "Civilian review board" means a board, commission, or other oversight body created
to provide civilian oversight of the conduct of peace officers and law enforcement agencies.
new text end
new text begin
(c) "Local commission" has the meaning given in section 363A.03, subdivision 23.
new text end
new text begin
(d) "Metropolitan area" has the meaning given in section 473.121, subdivision 2.
new text end
new text begin
(e) "Targeted area" means one or more contiguous census tracts as reported in the most
recently completed decennial census published by the United States Bureau of the Census
that has a poverty rate of at least 20 percent and which experiences a disproportionately
high rate of violent crime.
new text end
new text begin Subd. 2. new text end
new text begin Innovation in community safety; coordinator; qualifications. new text end
new text begin
(a) The
commissioner shall appoint a coordinator to work in the Office of Justice Programs in the
Department of Public Safety to direct a targeted, community-centered response to violence.
The coordinator shall serve in the unclassified service.
new text end
new text begin
(b) The coordinator shall have experience:
new text end
new text begin
(1) living in a targeted area;
new text end
new text begin
(2) providing direct services to victims or others in communities impacted by violence;
new text end
new text begin
(3) writing or reviewing grant applications;
new text end
new text begin
(4) building coalitions within the African American community and other communities
that have experienced systemic discrimination; and
new text end
new text begin
(5) leading a nonprofit organization.
new text end
new text begin Subd. 3. new text end
new text begin Coordinator; duties. new text end
new text begin
The coordinator shall work with community members
to develop a strategy to address violence within targeted areas and promote community
healing and recovery. Additionally, the coordinator shall:
new text end
new text begin
(1) serve as a liaison between the office and the councils created in sections 3.922 and
15.0145;
new text end
new text begin
(2) provide technical assistance or navigation services to individuals seeking to apply
for grants issued by the office;
new text end
new text begin
(3) identify targeted areas;
new text end
new text begin
(4) organize and provide technical assistance to local grant advisory boards;
new text end
new text begin
(5) assist local grant advisory boards in soliciting applications for grants;
new text end
new text begin
(6) develop simplified grant application materials;
new text end
new text begin
(7) identify effective forms of community-led intervention to promote public safety;
new text end
new text begin
(8) encourage the use of restorative justice programs including but not limited to
sentencing circles; and
new text end
new text begin
(9) administer grants.
new text end
new text begin Subd. 4. new text end
new text begin Innovation in community safety grants. new text end
new text begin
(a) Pursuant to the decisions of
community grant advisory boards, the coordinator shall issue grants to organizations in
targeted areas for the purposes identified in this subdivision. The coordinator may prioritize
targeted areas, determine which targeted areas are eligible for grants, and establish the total
amount of money available for grants in each targeted area provided that an eligible targeted
area must receive at least $1,000,000 for grants. In prioritizing targeted areas, the coordinator
shall prioritize areas that have the highest rates of violent crime.
new text end
new text begin
(b) Recipients of youth, young adult, and family antiviolence outreach program grants
may work with other organizations including but not limited to law enforcement, state and
local public agencies, interfaith organizations, nonprofit organizations, and African immigrant
and African American community organizations and stakeholders; may focus on African
immigrant and African American youth and young adults; and must:
new text end
new text begin
(1) identify behaviors indicating that an individual is vulnerable to committing or being
the victim of bullying or interfamily, community, or domestic abuse;
new text end
new text begin
(2) identify and assess factors and influences, including but not limited to family
dysfunction and cultural disengagement that make youth and young adults vulnerable to
recruitment by violent organizations;
new text end
new text begin
(3) develop strategies to reduce and eliminate abusive and bullying behaviors among
youth and adults;
new text end
new text begin
(4) develop and implement strategies to reduce and eliminate the factors and influences
that make youth and young adults vulnerable to recruitment by violent organizations;
new text end
new text begin
(5) develop strategies, programs, and services to educate parents and other family
members to recognize and address behaviors indicating that youth are being recruited by
violent organizations; and
new text end
new text begin
(6) in collaboration with public entities and other community and private organizations
that provide services to at-risk youth and families, develop strategies, programs, and services
to reduce and eliminate bullying, abusive behavior, and the vulnerability of youth to
recruitment by violent organizations, including but not limited to:
new text end
new text begin
(i) expressive and receptive communications programs including music, art, theater,
dance, and play designed to teach and develop appropriate skills for interfaith family
communication;
new text end
new text begin
(ii) development of protective skills and positive coping skills to deal with bullying,
domestic abuse and interfaith family violence, and violent confrontations in the community;
new text end
new text begin
(iii) culturally appropriate individual and family counseling focusing on communication
and interpersonal relations with the family and, when appropriate, the African immigrant
and African American community;
new text end
new text begin
(iv) after-school and summer programs for youth and young adults that are structured
and include components offering physical recreation, sports, mentorship, education
enrichment, art, music, and social activities that are culturally appropriate;
new text end
new text begin
(v) individual and family-oriented financial planning and management skill building;
new text end
new text begin
(vi) culturally appropriate individual and family counseling focusing on education and
employment counseling; and
new text end
new text begin
(vii) information regarding, and direct links to, entities that provide employment skills
training, job search and placement, and employment support activities and services.
new text end
new text begin
(c) Recipients of grants to implement the Minnesota SafeStreets program must work
with other organizations and persons in the community to develop community-based
responses to violence that:
new text end
new text begin
(1) use and adapt critical incident response methods which have been identified as best
practices in the field including violence prevention, situational de-escalation, mitigation of
trauma, and restorative justice;
new text end
new text begin
(2) provide targeted interventions to prevent the escalation of violence after the occurrence
of serious incidents, such as a shooting, murder, or other violent crime;
new text end
new text begin
(3) de-escalate violence with the use of community-based interventions designed to
prevent conflict from becoming violent;
new text end
new text begin
(4) provide an alternative to adjudication through a restorative justice model for persons
who commit lower level offenses;
new text end
new text begin
(5) develop working relationships with community providers to enable young people to
care for themselves and their families in healthy and empowered ways; and
new text end
new text begin
(6) culminate in a collective action plan which, at a minimum, includes the following:
new text end
new text begin
(i) increased educational opportunities;
new text end
new text begin
(ii) meaningful workforce opportunities;
new text end
new text begin
(iii) leadership-based entrepreneurial and social enterprise opportunities;
new text end
new text begin
(iv) expanded mental health and chemical health services; and
new text end
new text begin
(v) access to critically needed human and social services.
new text end
new text begin
(d) Recipients of grants to promote community healing must provide programs and direct
intervention to promote wellness and healing justice and may use funds for:
new text end
new text begin
(1) programmatic and community care support for wellness and healing justice
practitioners;
new text end
new text begin
(2) the establishment and expansion of community organizations that provide wellness
and healing justice services;
new text end
new text begin
(3) placing wellness and healing justice practitioners in organizations that provide direct
service to Black, Indigenous, and people of color communities in Minnesota;
new text end
new text begin
(4) providing healing circles;
new text end
new text begin
(5) establishing and expanding Community Coach Certification programs to train
community healers and establish a long-term strategy to build the infrastructure for
community healers to be available during times of tragedy; or
new text end
new text begin
(6) restorative justice programs including but not limited to sentencing circles.
new text end
new text begin
(e) Recipients of grants to establish or maintain co-responder teams must partner with
local units of government or Tribal governments to build on existing mobile mental health
crisis teams and identify gaps in order to do any of the following:
new text end
new text begin
(1) develop and establish independent crisis-response teams to de-escalate volatile
situations;
new text end
new text begin
(2) respond to situations involving a mental health crisis;
new text end
new text begin
(3) promote community-based efforts designed to enhance community safety and
wellness; or
new text end
new text begin
(4) support community-based strategies to interrupt, intervene in, or respond to violence.
new text end
new text begin
(f) Recipients of grants to establish or maintain community-based mental health and
social service centers must provide direct services to community members in targeted areas.
new text end
new text begin Subd. 5. new text end
new text begin Appropriation; distribution. new text end
new text begin
(a) Of the amount appropriated for grants issued
pursuant to subdivision 4, two-thirds shall be distributed in the metropolitan area and
one-third shall be distributed outside the metropolitan area.
new text end
new text begin
(b) No grant recipient shall receive more than $1,000,000 each year.
new text end
new text begin Subd. 6. new text end
new text begin Community grant advisory boards; members. new text end
new text begin
(a) The coordinator shall work
with the chair or director of a local commission, civilian review board, or similar organization
to establish a community grant advisory board within a targeted area.
new text end
new text begin
(b) Community grant advisory boards shall review grant applications and direct the
coordinator to award grants to approved applicants.
new text end
new text begin
(c) The chair or director of a local commission, civilian review board, or similar
organization shall serve as the chair of a community grant advisory board.
new text end
new text begin
(d) A community grant advisory board shall include the chair and at least four but not
more than six other members.
new text end
new text begin
(e) The membership of community grant advisory boards shall reflect the demographic
makeup of the targeted area and the members, other than the chair, must reside in the targeted
area over which a board has jurisdiction. A majority of the members of a board must provide
direct services to victims or others in the targeted area as a part of the person's employment
or regular volunteer work.
new text end
new text begin
(f) Community grant advisory board members may not accept gifts, donations, or any
other thing of value from applicants.
new text end
new text begin Subd. 7. new text end
new text begin Community grant advisory board; procedure. new text end
new text begin
(a) Community grant advisory
boards shall provide notice of available grants and application materials for organizations
or individuals to apply for grants.
new text end
new text begin
(b) Community grant advisory boards shall establish reasonable application deadlines
and review grant applications. Boards may interview applicants and invite presentations.
new text end
new text begin
(c) Community grant advisory boards shall determine which applicants will receive
funds and the amount of those funds, and shall inform the coordinator of their decisions.
new text end
Sec. 17.
new text begin
[299A.783] STATEWIDE ANTITRAFFICKING INVESTIGATION
COORDINATION.
new text end
new text begin Subdivision 1. new text end
new text begin Antitrafficking investigation coordinator. new text end
new text begin
The commissioner of public
safety must appoint a statewide antitrafficking investigation coordinator who shall work in
the Office of Justice Programs. The coordinator must be a current or former law enforcement
officer or prosecutor with experience investigating or prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and Safe Harbor response
for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system
response. The coordinator serves at the pleasure of the commissioner in the unclassified
service.
new text end
new text begin Subd. 2. new text end
new text begin Coordinator's responsibilities. new text end
new text begin
The coordinator shall have the following duties:
new text end
new text begin
(1) develop, coordinate, and facilitate training for law enforcement officers, prosecutors,
courts, child welfare workers, social service providers, medical providers, and other
community members;
new text end
new text begin
(2) establish standards for approved training and review compliance with those standards;
new text end
new text begin
(3) coordinate and monitor multijurisdictional sex trafficking task forces;
new text end
new text begin
(4) review, develop, promote, and monitor compliance with investigative protocols to
ensure that law enforcement officers and prosecutors engage in best practices;
new text end
new text begin
(5) provide technical assistance and advice related to the investigation and prosecution
of trafficking offenses and the treatment of victims;
new text end
new text begin
(6) promote the efficient use of resources by addressing issues of deconfliction, providing
advice regarding questions of jurisdiction, and promoting the sharing of data between entities
investigating and prosecuting trafficking offenses;
new text end
new text begin
(7) assist in the appropriate distribution of grants;
new text end
new text begin
(8) perform other duties necessary to ensure effective and efficient investigation and
prosecution of trafficking-related offenses; and
new text end
new text begin
(9) coordinate with other federal, state, and local agencies to ensure multidisciplinary
responses to trafficking and exploitation of youth in Minnesota.
new text end
Sec. 18.
new text begin
[299A.85] OFFICE FOR MISSING AND MURDERED INDIGENOUS
RELATIVES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section, the following terms have the meanings
given.
new text end
new text begin
(a) "Indigenous" means descended from people who were living in North America at
the time people from Europe began settling in North America.
new text end
new text begin
(b) "Missing and murdered Indigenous relatives" means missing and murdered Indigenous
people.
new text end
new text begin
(c) "Missing and Murdered Indigenous Women Task Force report" means the report
titled "Missing and Murdered Indigenous Women Task Force: a Report to the Minnesota
Legislature," published by the Wilder Research organization in December 2020.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Indigenous women, children, and
two-spirited people with the Minnesota Office of Justice Programs.
new text end
new text begin Subd. 3. new text end
new text begin Executive director; staff. new text end
new text begin
(a) The commissioner must appoint an executive
director who is a person closely connected to a Tribe or Indigenous community and who is
highly knowledgeable about criminal investigations. The commissioner is encouraged to
consider candidates for appointment who are recommended by Tribes and Indigenous
communities. The executive director serves in the unclassified service.
new text end
new text begin
(b) The executive director may select, appoint, and compensate out of available funds
assistants and employees as necessary to discharge the office's responsibilities. The executive
director may appoint an assistant executive director in the unclassified service.
new text end
new text begin
(c) The executive director and full-time staff shall be members of the Minnesota State
Retirement Association.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
The office has the following duties:
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(5) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end
new text begin
(6) facilitate technical assistance for local and Tribal law enforcement agencies during
active missing and murdered Indigenous relatives cases;
new text end
new text begin
(7) 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;
new text end
new text begin
(8) 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;
new text end
new text begin
(9) 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;
new text end
new text begin
(10) 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;
new text end
new text begin
(11) 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;
and
new text end
new text begin
(12) 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 efforts.
new text end
new text begin Subd. 5. new text end
new text begin Coordination with other organizations. new text end
new text begin
In fulfilling its duties the office may
coordinate, as useful, with stakeholder groups that were represented on the Missing and
Murdered Indigenous Women Task Force and state agencies that are responsible for the
systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Indigenous women, those who have a role in supporting or
advocating for missing or murdered Indigenous women and the people who seek justice for
them, and those who represent the interests of Indigenous people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service
providers who offer legal services, advocacy, and other services to Indigenous women and
girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop;
Indian health organizations; Indigenous women and girls who are survivors; the 11 Tribal
nations that share geography with Minnesota; and organizations and leadership from urban
and statewide American Indian communities.
new text end
new text begin Subd. 6. new text end
new text begin Reports. new text end
new text begin
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The office must submit the report by January 15 each year to the chairs and
ranking minority members of the legislative committees with primary jurisdiction over
public safety.
new text end
new text begin Subd. 7. new text end
new text begin Grants. new text end
new text begin
The office may apply for and receive grants from public and private
entities for purposes of carrying out the office's duties under this section.
new text end
new text begin Subd. 8. new text end
new text begin Access to data. new text end
new text begin
Notwithstanding section 13.384 or 13.85, the executive director
has access to corrections and detention data and medical data maintained by an agency and
classified as private data on individuals or confidential data on individuals when access to
the data is necessary for the office to perform its duties under this section.
new text end
Sec. 19.
new text begin
[299A.86] MINNESOTA HEALS.
new text end
new text begin
(a) The Minnesota Heals Initiative is established in the Department of Public Safety to
provide:
new text end
new text begin
(1) grants to community healing networks;
new text end
new text begin
(2) resources for families after an officer-involved death; and
new text end
new text begin
(3) a statewide critical incident stress management service.
new text end
new text begin
(b) The commissioner of public safety shall establish and maintain a Statewide Critical
Incident Stress Management Service Office for first responders. The office shall manage a
mental health and wellness program for first responders including but not limited to regular
trainings and education videos, self-assessment tools, and professional guidance and
coaching. The office shall establish response teams across the state; provide support and
technical assistance in establishing mutual aid requests; and develop and implement new
trainings, services, online resources, and meetings. The office shall also maintain a referral
program.
new text end
new text begin
(c) The Office of Justice Programs shall administer a grant program to fund community
healing networks to sustain trauma-informed responses to promote healing after critical
events and natural disasters. Grants are for culturally, trauma-informed training and for
coordinating a statewide response network of trainers and responders in collaboration with
local or Tribal governments, or both governments in impacted areas.
new text end
new text begin
(d) The Office of Justice Programs shall establish and maintain a fund to reimburse costs
related to funeral and burial expenses, cultural healing ceremonies, and mental health and
trauma healing services for family members impacted by officer-involved deaths.
new text end
Sec. 20.
Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:
Subd. 3.
Additional duty.
new text begin (a) new text end The unit shall investigate all criminal sexual conduct
casesnew text begin :
new text end
new text begin (1)new text end involving peace officers, including criminal sexual conduct cases involving chief
law enforcement officersnew text begin ; and
new text end
new text begin (2) where a member of the Minnesota National Guard is the victim, the accused is a
member of the Minnesota National Guard, and the incident occurred in Minnesotanew text end .
new text begin
(b) The unit shall assist the agency investigating an alleged sexual assault of a member
of the Minnesota National Guard by another member of the Minnesota National Guard that
occurred in a jurisdiction outside of the state, if the investigating agency requests assistance
from the unit.
new text end
new text begin (c)new text end The unit may also investigate conflict of interest cases involving peace officers.
Sec. 21.
Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:
Subd. 7.
Sales after 1:00 a.m.; permit fee.
(a) No licensee may sell intoxicating liquor
or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner. Application for the permit must be
on a form the commissioner prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's
gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $300;
(2) over $100,000 but not over $500,000 in gross receipts, $750; and
(3) over $500,000 in gross receipts, $1,000.
For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received under this subdivision in
the alcohol enforcement account in the deleted text begin special revenuedeleted text end new text begin generalnew text end fund.
(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish
to the commissioner the information necessary to administer and enforce this subdivision.
Sec. 22.
Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications services.
(c) The fee may not be deleted text begin less than eight cents nor more than 65 cents a month until June
30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nordeleted text end more than 95 cents a month on or after July 1, 2010, for each customer access
line or other basic access service, including trunk equivalents as designated by the Public
Utilities Commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the limits specified
and inform the companies and carriers of the amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer
needed. The commissioner shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all customers, except that the fee
imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 23.
new text begin
[604A.06] AID TO SEXUAL ASSAULT VICTIMS.
new text end
new text begin Subdivision 1. new text end
new text begin Person seeking assistance; immunity from prosecution. new text end
new text begin
(a) A person
acting in good faith who contacts a 911 operator or first responder to report that a sexual
assault victim is in need of assistance may not be charged or prosecuted for:
new text end
new text begin
(1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end
new text begin
(2) if the person is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end
new text begin
(b) A person qualifies for the immunities provided in this subdivision only if:
new text end
new text begin
(1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking assistance for a sexual assault victim; and
new text end
new text begin
(2) the person seeks assistance for a sexual assault victim who is in need of assistance
for an immediate health or safety concern, provided that the person who seeks the assistance
is the first person to seek the assistance, provides a name and contact information, and
remains on the scene until assistance arrives or is provided.
new text end
new text begin
(c) This subdivision applies to one or two persons acting in concert with the person
initiating contact provided all the requirements of paragraphs (a) and (b) are met.
new text end
new text begin Subd. 2. new text end
new text begin Person experiencing sexual assault; immunity from prosecution. new text end
new text begin
(a) A
sexual assault victim who is in need of assistance may not be charged or prosecuted for:
new text end
new text begin
(1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end
new text begin
(2) if the victim is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end
new text begin
(b) A victim qualifies for the immunities provided in this subdivision only if the evidence
for the charge or prosecution was obtained as a result of the request for assistance related
to the sexual assault.
new text end
new text begin Subd. 3. new text end
new text begin Persons on probation or release. new text end
new text begin
A person's pretrial release, probation,
furlough, supervised release, or parole shall not be revoked based on an incident for which
the person would be immune from prosecution under subdivision 1 or 2.
new text end
new text begin Subd. 4. new text end
new text begin Effect on other criminal prosecutions. new text end
new text begin
(a) The act of providing assistance to
a sexual assault victim may be used as a mitigating factor in a criminal prosecution for
which immunity is not provided.
new text end
new text begin
(b) Nothing in this section shall:
new text end
new text begin
(1) be construed to bar the admissibility of any evidence obtained in connection with
the investigation and prosecution of other crimes or violations committed by a person who
otherwise qualifies for limited immunity under this section;
new text end
new text begin
(2) preclude prosecution of a person on the basis of evidence obtained from an
independent source;
new text end
new text begin
(3) be construed to limit, modify, or remove any immunity from liability currently
available to public entities, public employees by law, or prosecutors; or
new text end
new text begin
(4) prevent probation officers from conducting drug or alcohol testing of persons on
pretrial release, probation, furlough, supervised release, or parole.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to actions
arising from incidents occurring on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2020, section 609.3459, is amended to read:
609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.
(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law
enforcement investigation by contacting any law enforcement agency, regardless of where
the crime may have occurred. The agency must prepare a summary of the allegation and
provide the person with a copy of it. The agency must begin an investigation of the facts,
or, if the suspected crime was committed in a different jurisdiction, refer the matter along
with the summary to the law enforcement agency where the suspected crime was committed
for an investigation of the facts.new text begin If the agency learns that both the victim and the accused
are members of the Minnesota National Guard, the agency receiving the report must refer
the matter along with the summary to the Bureau of Criminal Apprehension for investigation
pursuant to section 299C.80.
new text end
(b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299C.06, but must confirm that the other
law enforcement agency has received the referral.
Sec. 25.
Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:
Subdivision 1.
Rules required.
new text begin (a) new text end The board shall adopt rules with respect to:
(1) the certification of postsecondary schools to provide programs of professional peace
officer education;
(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;
(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;
(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;
(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;
(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;
(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;
(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;
(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;
(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;
(11) citizenship requirements for peace officers and part-time peace officers;
(12) driver's license requirements for peace officers and part-time peace officers; and
(13) such other matters as may be necessary consistent with sections 626.84 to 626.863.
Rules promulgated by the attorney general with respect to these matters may be continued
in force by resolution of the board if the board finds the rules to be consistent with sections
626.84 to 626.863.
new text begin
(b) In adopting and enforcing the rules described under paragraph (a), the board shall
prioritize the goal of promoting public safety. Promoting public safety includes the promotion
of human rights. "Public safety" means reducing or preventing crime while maintaining the
basic rights, freedoms, and privileges that belong to every person including the right to
dignity, fairness, equality, respect, and freedom from discrimination, and is achieved by
engaging in practices that include promoting community cohesion, employing meaningful
problem-solving strategies, and utilizing the least restrictive sanctions or interventions
necessary to reduce or repair harm, ensure victim safety, and ensure accountability for
offending.
new text end
Sec. 26.
Minnesota Statutes 2020, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345deleted text begin ,
if the victim was under the age of 18 years at the time the offense was committed, shalldeleted text end new text begin maynew text end
be found or made deleted text begin and filed in the proper court within the later of nine years after the
commission of the offense or three years after the offense was reported to law enforcement
authoritiesdeleted text end new text begin at any time after the commission of the offensenew text end .
deleted text begin
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in
the proper court at any time after commission of the offense, if physical evidence is collected
and preserved that is capable of being tested for its DNA characteristics. If this evidence is
not collected and preserved and the victim was 18 years old or older at the time of the
offense, the prosecution must be commenced within nine years after the commission of the
offense.
deleted text end
deleted text begin (g)deleted text end new text begin (f)new text end Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
deleted text begin (h)deleted text end new text begin (g)new text end Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
deleted text begin (i)deleted text end new text begin (h)new text end Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
deleted text begin (j)deleted text end new text begin (i)new text end Indictments or complaints for violation of sections 609.561 to 609.563, shall be
found or made and filed in the proper court within five years after the commission of the
offense.
deleted text begin (k)deleted text end new text begin (j)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (l)deleted text end new text begin (k)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (m)deleted text end new text begin (l)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (n)deleted text end new text begin (m)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2021, and applies to violations
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2021.
new text end
Sec. 27.
Laws 2016, chapter 189, article 4, section 7, is amended to read:
Sec. 7. PUBLIC SAFETY
|
$ |
-0- |
$ |
6,100,000 |
||
| Appropriations by Fund |
||
| General |
-0- |
1,600,000 |
| Trunk Highway |
-0- |
4,500,000 |
The amounts that may be spent for each
purpose are specified in the following
paragraphs.
(a) DNA Laboratory
$630,000 is for the Bureau of Criminal
Apprehension DNA laboratory, including the
addition of six forensic scientists. The base
for this activity is $1,000,000 in each of the
fiscal years 2018 and 2019 for eight forensic
scientists.
(b) Children In Need of Services or in
Out-Of-Home Placement
$150,000 is for a grant to an organization that
provides legal representation to children in
need of protection or services and children in
out-of-home placement. The grant is
contingent upon a match in an equal amount
from nonstate funds. The match may be in
kind, including the value of volunteer attorney
time, or in cash, or in a combination of the
two.
(c) Sex Trafficking
$820,000 is for grants to state and local units
of government for the following purposes:
(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
(2) to provide technical assistance for sex
trafficking crimes, including deleted text begin training anddeleted text end case
consultation, to law enforcement agencies
statewide.
(d) State Patrol
$4,500,000 is from the trunk highway fund to
recruit, hire, train, and equip a State Patrol
Academy. This amount is added to the
appropriation in Laws 2015, chapter 75, article
1, section 5, subdivision 3. The base
appropriation from the trunk highway fund
for patrolling highways in each of fiscal years
2018 and 2019 is $87,492,000, which includes
$4,500,000 each year for a State Patrol
Academy.
Sec. 28.
Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:
Subd. 7.Office of Justice Programs
|
39,580,000 |
40,036,000 |
||||
| Appropriations by Fund |
||
| General |
39,484,000 |
39,940,000 |
| State Government Special Revenue |
96,000 |
96,000 |
| (a) OJP Administration Costs |
||||||
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
| (b) Combating Terrorism Recruitment |
||||||
$250,000 each year is for grants to local law
enforcement agencies to develop strategies
and make efforts to combat the recruitment of
Minnesota residents by terrorist organizations
such as ISIS and al-Shabaab. This is a onetime
appropriation.
| (c) Sex Trafficking Prevention Grants |
||||||
$180,000 each year is for grants to state and
local units of government for the following
purposes:
(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
(2) to provide technical assistance, including
deleted text begin training anddeleted text end case consultation, to law
enforcement agencies statewide.
| (d) Pathway to Policing Reimbursement Grants |
||||||
$400,000 the second year is for reimbursement
grants to local units of government that operate
pathway to policing programs intended to
bring persons with nontraditional backgrounds
into law enforcement. Applicants for
reimbursement grants may receive up to 50
percent of the cost of compensating and
training pathway to policing participants.
Reimbursement grants shall be proportionally
allocated based on the number of grant
applications approved by the commissioner.
Sec. 29.
Laws 2020, Second Special Session chapter 1, section 9, the effective date, is
amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin March 1deleted text end new text begin May 8new text end , 2021.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from March 1, 2021.
new text end
Sec. 30.
Laws 2020, Second Special Session chapter 1, section 10, the effective date, is
amended to read:
EFFECTIVE DATE.
This section is effective deleted text begin March 1deleted text end new text begin May 8new text end , 2021.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from March 1, 2021.
new text end
Sec. 31.
Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended
to read:
Sec. 4. TRANSFER; ALCOHOL ENFORCEMENT ACCOUNT.
deleted text begin (a)deleted text end By July 15, 2021, the commissioner of public safety must certify to the commissioner
of management and budget the amount of permit fees waived under section 3, clause (2),
during the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund to the
alcohol enforcement account in the special revenue fund established under Minnesota
Statutes, section 299A.706.
deleted text begin
(b) By January 15, 2022, the commissioner of public safety must certify to the
commissioner of management and budget the amount of permit fees waived under section
3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the
commissioner of management and budget must transfer the certified amount from the general
fund to the alcohol enforcement account in the special revenue fund established under
Minnesota Statutes, section 299A.706.
deleted 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. 32. new text begin SURVIVOR SUPPORT AND PREVENTION GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Meeting victim needs; grants. new text end
new text begin
The Office of Justice Programs shall
award grants directly to victim survivors of crime to support their needs and mitigate the
impacts of crime on those individuals, and shall award grants to meet emerging or unmet
needs impacting victims of crime.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility and awards. new text end
new text begin
(a) For grants awarded directly to victim survivors,
the director shall establish the eligibility requirements and mechanisms for distribution of
funds in consultation with Violence Free Minnesota, the Minnesota Coalition Against Sexual
Assault, Minnesota Alliance on Crime, the Minnesota Indian Women Sexual Assault
Coalition, and Sacred Hoop Coalition. Eligibility requirements shall prioritize victim
survivors based on economic need; whether the victim survivor is a member of an
underserved population; whether the person was a victim of sexual assault, domestic violence,
child abuse, or other violent crime; and whether the victim was a juvenile.
new text end
new text begin
(b) For grants to meet emerging or unmet needs impacting victims of crime, the director
shall award grants to individuals or organizations who provide direct support to victims
including, but not limited to, providing support for immediate and emerging needs for
victims of crime or for domestic abuse transformative justice programs. The director shall
prioritize applicants seeking to establish, maintain, or expand services to underserved
populations.
new text end
new text begin
(c) Of the amount appropriated for survivor support and prevention grants, at least 30
percent must be provided directly to victim survivors pursuant to paragraph (a) and at least
30 percent must be awarded to individuals or organizations providing support to victims
pursuant to paragraph (b).
new text end
new text begin Subd. 3. new text end
new text begin Report. new text end
new text begin
(a) By January 15 of each odd-numbered year the director shall submit
a report to the legislative committees with jurisdiction over public safety on the survivor
support and prevention grants. At a minimum, the report shall include the following:
new text end
new text begin
(1) the total number of grants issued directly to victim survivors;
new text end
new text begin
(2) the average amount of money provided directly to victim survivors;
new text end
new text begin
(3) summary demographic information of recipients of direct financial assistance,
including the age, sex, and race of the recipients;
new text end
new text begin
(4) summary information identifying the crimes committed against the recipients of
direct assistance;
new text end
new text begin
(5) summary information identifying the counties in which recipients of direct assistance
resided at the time they received a grant;
new text end
new text begin
(6) the total number of grants issued to individuals or organizations providing support
for crime victims;
new text end
new text begin
(7) the amount of grants issued to individuals or organizations providing support for
crime victims; and
new text end
new text begin
(8) the services provided by the grant recipients that provided support for crime victims.
new text end
new text begin
(b) If the director enters into an agreement with any other organization for the distribution
of funds, the director shall require that organization to provide the information identified
in paragraph (a).
new text end
Sec. 33. new text begin TASK FORCE ON MISSING AND MURDERED AFRICAN AMERICAN
WOMEN.
new text end
new text begin Subdivision 1. new text end
new text begin Creation and duties. new text end
new text begin
(a) The Task Force on Missing and Murdered
African American Women is established to advise the commissioner of public safety and
report to the legislature on recommendations to reduce and end violence against African
American women and girls in Minnesota. The task force may also serve as a liaison between
the commissioner and agencies and nonprofit, nongovernmental organizations that provide
legal, social, or other community services to victims, victims' families, and victims'
communities.
new text end
new text begin
(b) The Task Force on Missing and Murdered African American Women must examine
and report on the following:
new text end
new text begin
(1) the systemic causes behind violence that African American women and girls
experience, including patterns and underlying factors that explain why disproportionately
high levels of violence occur against African American women and girls, including
underlying historical, social, economic, institutional, and cultural factors which may
contribute to the violence;
new text end
new text begin
(2) appropriate methods for tracking and collecting data on violence against African
American women and girls, including data on missing and murdered African American
women and girls;
new text end
new text begin
(3) policies and institutions such as policing, child welfare, coroner practices, and other
governmental practices that impact violence against African American women and girls
and the investigation and prosecution of crimes of gender violence against African American
people;
new text end
new text begin
(4) measures necessary to address and reduce violence against African American women
and girls; and
new text end
new text begin
(5) measures to help victims, victims' families, and victims' communities prevent and
heal from violence that occurs against African American women and girls.
new text end
new text begin
(c) At its discretion, the task force may examine other related issues consistent with this
section as necessary.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) To the extent practicable, the Task Force on Missing and
Murdered African American Women shall consist of the following individuals, or their
designees, who are knowledgeable in crime victims' rights or violence protection and, unless
otherwise specified, members shall be appointed by the commissioner of public safety:
new text end
new text begin
(1) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end
new text begin
(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end
new text begin
(3) two representatives from among the following:
new text end
new text begin
(i) the Minnesota Chiefs of Police Association;
new text end
new text begin
(ii) the Minnesota Sheriffs' Association;
new text end
new text begin
(iii) the Bureau of Criminal Apprehension; or
new text end
new text begin
(iv) the Minnesota Police and Peace Officers Association;
new text end
new text begin
(4) one or more representatives from among the following:
new text end
new text begin
(i) the Minnesota County Attorneys Association;
new text end
new text begin
(ii) the United States Attorney's Office; or
new text end
new text begin
(iii) a judge or attorney working in juvenile court;
new text end
new text begin
(5) a county coroner or a representative from a statewide coroner's association or a
representative of the Department of Health; and
new text end
new text begin
(6) three or more representatives from among the following:
new text end
new text begin
(i) a statewide or local organization that provides legal services to African American
women and girls;
new text end
new text begin
(ii) a statewide or local organization that provides advocacy or counseling for African
American women and girls who have been victims of violence;
new text end
new text begin
(iii) a statewide or local organization that provides services to African American women
and girls; or
new text end
new text begin
(iv) an African American woman who is a survivor of gender violence.
new text end
new text begin
(b) In making appointments under paragraph (a), the commissioner of public safety shall
consult with the Council for Minnesotans of African Heritage.
new text end
new text begin
(c) Appointments to the task force must be made by September 1, 2021.
new text end
new text begin
(d) Members are eligible for compensation and expense reimbursement consistent with
Minnesota Statutes, section 15.059, subdivision 3.
new text end
new text begin
(e) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies in commissioner-appointed positions shall be filled by the
commissioner consistent with the qualifications of the vacating member required by this
subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of public safety shall convene the first meeting of the task force
no later than October 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least quarterly, or upon the call of its chair, and may
hold meetings throughout the state. The task force shall meet sufficiently enough to
accomplish the tasks identified in this section. Meetings of the task force are subject to
Minnesota Statutes, chapter 13D.
new text end
new text begin
(d) To accomplish its duties, the task force shall seek out and enlist the cooperation and
assistance of nonprofit, nongovernmental organizations that provide legal, social, or other
community services to victims, victims' families, and victims' communities; community
and advocacy organizations working with the African American community; and academic
researchers and experts, specifically those specializing in violence against African American
women and girls, those representing diverse communities disproportionately affected by
violence against women and girls, or those focusing on issues related to gender violence
and violence against African American women and girls. Meetings of the task force may
include reports from, or information provided by, those individuals or groups.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
On or before December 15, 2022, the task force shall report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety, human services, and state government on the work of the task force. The
report must contain the task force's findings and recommendations and shall include
institutional policies and practices, or proposed institutional policies and practices, that are
effective in reducing gender violence and increasing the safety of African American women
and girls; recommendations for appropriate tracking and collecting of data on violence
against African American women and girls; and recommendations for legislative action to
reduce and end violence against African American women and girls and help victims and
communities heal from gender violence and violence against African American women and
girls.
new text end
new text begin Subd. 5. new text end
new text begin Expiration. new text end
new text begin
The task force expires upon submission of the report required
under subdivision 4.
new text end
Sec. 34. new text begin STUDY ON LIABILITY INSURANCE FOR PEACE OFFICERS.
new text end
new text begin
(a) The commissioner of public safety shall issue a grant to an organization with
experience in studying issues related to community safety and criminal justice for a study
on the effects of requiring peace officers to carry liability insurance to pay for any valid
claim based upon an act or omission of a licensed peace officer during paid on-duty time
or paid off-duty work approved by the employing agency.
new text end
new text begin
(b) At a minimum, the study shall analyze:
new text end
new text begin
(1) the availability of liability insurance for peace officers;
new text end
new text begin
(2) the cost of premiums for liability insurance to cover individual peace officers;
new text end
new text begin
(3) the terms of relevant policies of liability insurance, including the amount of any
deductible and applicable exclusions;
new text end
new text begin
(4) what activities, if any, should be covered by liability insurance, including whether
the negligent operation of a motor vehicle should be subject to a liability insurance
requirement;
new text end
new text begin
(5) whether the employer of the peace officer, the insurance company, or both would
have a duty to defend the officer;
new text end
new text begin
(6) whether limits should be placed on the subrogation rights of an employer, insurer,
or both;
new text end
new text begin
(7) whether limits should be placed on the subrogation rights of an insurer for claims
involving joint and several liability with a peace officer insured by a separate insurer;
new text end
new text begin
(8) whether statutory direction is necessary to establish priorities of coverage if multiple
policies apply;
new text end
new text begin
(9) what impact, if any, the existence of a requirement that peace officers carry liability
insurance would be expected to have on claims against peace officers;
new text end
new text begin
(10) the cost to employers, if any, if there was a requirement that peace officers carry
liability insurance; and
new text end
new text begin
(11) the expected impact on public safety, if any, if there was a requirement that peace
officers carry liability insurance.
new text end
new text begin
(c) By January 15, 2023, the grant recipient shall provide a report to the commissioner
of public safety. By February 1, 2023, the commissioner shall forward the report to the
chairs and ranking members of the legislative committees with primary jurisdiction over
public safety.
new text end
new text begin
(d) As used in this section, "peace officer" has the meaning given in Minnesota Statutes,
section 626.84, subdivision 1, paragraph (c).
new text end
ARTICLE 8
CHILD PROTECTION BACKGROUND CHECKS
Section 1.
Minnesota Statutes 2020, section 299C.60, is amended to read:
299C.60 CITATION.
Sections 299C.60 to 299C.64 may be cited as the "Minnesota Childnew text begin , Elder, and
Individuals with Disabilitiesnew text end Protection Background Check Act."
Sec. 2.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Authorized agency. new text end
new text begin
"Authorized agency" means the licensing agency or, if
one does not exist, the Bureau of Criminal Apprehension. Licensing agencies include but
are not limited to the:
new text end
new text begin
(1) Department of Human Services;
new text end
new text begin
(2) Department of Health; and
new text end
new text begin
(3) Professional Educator Licensing and Standards Board.
new text end
Sec. 3.
Minnesota Statutes 2020, section 299C.61, subdivision 2, is amended to read:
Subd. 2.
Background check crime.
"Background check crime" includes child abuse
crimes, murder, manslaughter, felony level assault or any assault crime committed against
a minornew text begin or vulnerable adultnew text end , kidnapping, arson, criminal sexual conduct, and
prostitution-related crimes.
Sec. 4.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Care. new text end
new text begin
"Care" means the provision of care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
new text end
Sec. 5.
Minnesota Statutes 2020, section 299C.61, subdivision 4, is amended to read:
Subd. 4.
Child abuse crime.
"Child abuse crime" means:
(1) an act committed against a minor victim that constitutes a violation of section 609.185,
paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324;
609.342; 609.343; 609.344; 609.345; 609.352; 609.377; deleted text begin ordeleted text end 609.378; new text begin or 617.247; new text end or
(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1,
clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).
Sec. 6.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
new text begin Subd. 8b. new text end
new text begin Covered individual. new text end
new text begin
"Covered individual" means an individual:
new text end
new text begin
(1) who has, seeks to have, or may have access to children, the elderly, or individuals
with disabilities, served by a qualified entity; and
new text end
new text begin
(2) who:
new text end
new text begin
(i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a
qualified entity; or
new text end
new text begin
(ii) owns or operates, or seeks to own or operate, a qualified entity.
new text end
Sec. 7.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
new text begin Subd. 8c. new text end
new text begin Individuals with disabilities. new text end
new text begin
"Individuals with disabilities" means persons
with a mental or physical impairment who require assistance to perform one or more daily
living tasks.
new text end
Sec. 8.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
new text begin Subd. 8d. new text end
new text begin National criminal history background check system. new text end
new text begin
"National criminal
history background check system" means the criminal history record system maintained by
the Federal Bureau of Investigation based on fingerprint identification or any other method
of positive identification.
new text end
Sec. 9.
Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:
new text begin Subd. 8e. new text end
new text begin Qualified entity. new text end
new text begin
"Qualified entity" means a business or organization, whether
public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement
services, including a business or organization that licenses or certifies others to provide care
or care placement services.
new text end
Sec. 10.
Minnesota Statutes 2020, section 299C.62, subdivision 1, is amended to read:
Subdivision 1.
Generally.
The superintendent shall develop procedures new text begin in accordance
with United States Code, title 34, section 40102, new text end to enable a deleted text begin children's service providerdeleted text end new text begin
qualified entitynew text end to request a background check to determine whether a deleted text begin children's service
workerdeleted text end new text begin covered workernew text end is the subject of any reported conviction for a background check
crime. deleted text begin The superintendent shall perform the background check by retrieving and reviewing
data on background check crimes.deleted text end The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of deleted text begin a criminal historydeleted text end new text begin the backgroundnew text end
check. The superintendent shall recover the cost of a background check through a fee charged
deleted text begin the children's service providerdeleted text end new text begin to the qualified entity and make reasonable efforts to respond
to the inquiry within 15 business daysnew text end .
Sec. 11.
Minnesota Statutes 2020, section 299C.62, subdivision 2, is amended to read:
Subd. 2.
Background check; requirements.
deleted text begin
(a) The superintendent may not perform
a background check under this section unless the children's service provider submits a
written document, signed by the children's service worker on whom the background check
is to be performed, containing the following:
deleted text end
deleted text begin
(1) a question asking whether the children's service worker has ever been convicted of
a background check crime and if so, requiring a description of the crime and the particulars
of the conviction;
deleted text end
deleted text begin
(2) a notification to the children's service worker that the children's service provider will
request the superintendent to perform a background check under this section; and
deleted text end
deleted text begin
(3) a notification to the children's service worker of the children's service worker's rights
under subdivision 3.
deleted text end
deleted text begin
(b) Background checks performed under this section may only be requested by and
provided to authorized representatives of a children's service provider who have a need to
know the information and may be used only for the purposes of sections 299C.60 to 299C.64.
Background checks may be performed pursuant to this section not later than one year after
the document is submitted under this section.
deleted text end
new text begin
The superintendent may not perform a background check of a covered individual under
this section unless the covered individual:
new text end
new text begin
(1) completes and signs a statement that:
new text end
new text begin
(i) contains the name, address, and date of birth appearing on a valid identification
document, as defined in United States Code, title 18, section 1028, of the covered individual;
new text end
new text begin
(ii) the covered individual has not been convicted of a crime and, if the covered individual
has been convicted of a crime, contains a description of the crime and the particulars of the
conviction;
new text end
new text begin
(iii) notifies the covered individual that the entity may request a background check under
subdivision 1;
new text end
new text begin
(iv) notifies the covered individual of the covered individual's rights under subdivision
3; and
new text end
new text begin
(v) notifies the covered individual that prior to the completion of the background check
the qualified entity may choose to deny the covered individual access to a person to whom
the qualified entity provides care; and
new text end
new text begin
(2) if requesting a national criminal history background check, provides a set of
fingerprints.
new text end
Sec. 12.
Minnesota Statutes 2020, section 299C.62, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Children's service workerdeleted text end new text begin Covered individualsnew text end rights.
deleted text begin
(a) The children's
service provider shall notify the children's service worker of the children's service worker's
rights under paragraph (b).
deleted text end
deleted text begin
(b) A children's service worker who is the subject of a background check request has
the following rights:
deleted text end
deleted text begin
(1) the right to be informed that a children's service provider will request a background
check on the children's service worker:
deleted text end
deleted text begin
(i) for purposes of the children's service worker's application to be employed by, volunteer
with, be an independent contractor for, or be an owner of a children's service provider or
for purposes of continuing as an employee, volunteer, independent contractor, or owner;
and
deleted text end
deleted text begin
(ii) to determine whether the children's service worker has been convicted of any crime
specified in section 299C.61, subdivision 2 or 4;
deleted text end
deleted text begin
(2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy
of the background check report;
deleted text end
deleted text begin
(3) the right to obtain from the superintendent any record that forms the basis for the
report;
deleted text end
deleted text begin
(4) the right to challenge the accuracy and completeness of any information contained
in the report or record pursuant to section 13.04, subdivision 4;
deleted text end
deleted text begin
(5) the right to be informed by the children's service provider if the children's service
worker's application to be employed with, volunteer with, be an independent contractor for,
or be an owner of a children's service provider, or to continue as an employee, volunteer,
independent contractor, or owner, has been denied because of the superintendent's response;
and
deleted text end
deleted text begin
(6) the right not to be required directly or indirectly to pay the cost of the background
check.
deleted text end
new text begin
The qualified entity shall notify the covered individual who is subjected to a background
check under subdivision 1 that the individual has the right to:
new text end
new text begin
(1) obtain a copy of any background check report;
new text end
new text begin
(2) challenge the accuracy or completeness of the information contained in the background
report or record pursuant to section 13.04, subdivision 4, or applicable federal authority;
and
new text end
new text begin
(3) be given notice of the opportunity to appeal and instructions on how to complete the
appeals process.
new text end
Sec. 13.
Minnesota Statutes 2020, section 299C.62, subdivision 4, is amended to read:
Subd. 4.
Response of bureau.
The superintendent shall respond to a background check
request within a reasonable time after receiving new text begin a request from a qualified entity or new text end the
signed, written document described in subdivision 2. The superintendent shall provide the
deleted text begin children's service providerdeleted text end new text begin qualified entitynew text end with a copy of the deleted text begin applicant'sdeleted text end new text begin covered individual'snew text end
criminal record or a statement that the deleted text begin applicantdeleted text end new text begin covered individualnew text end is not the subject of a
criminal history record at the bureau. It is the responsibility of the deleted text begin service providerdeleted text end new text begin qualified
entitynew text end to determine if the deleted text begin applicantdeleted text end new text begin covered individualnew text end qualifies as an employee, volunteer,
or independent contractor under this section.
Sec. 14.
Minnesota Statutes 2020, section 299C.62, subdivision 6, is amended to read:
Subd. 6.
Admissibility of evidence.
Evidence or proof that a background check of a
volunteer was not requested under sections 299C.60 to 299C.64 by a deleted text begin children's service
providerdeleted text end new text begin qualified entitynew text end is not admissible in evidence in any litigation against a nonprofit
or charitable organization.
Sec. 15.
Minnesota Statutes 2020, section 299C.63, is amended to read:
299C.63 EXCEPTION; OTHER LAWS.
The superintendent is not required to respond to a background check request concerning
a deleted text begin children's service workerdeleted text end new text begin covered individualnew text end who, as a condition of occupational licensure
or employment, is subject to the background study requirements imposed by any statute or
rule other than sections 299C.60 to 299C.64. deleted text begin A background check performed on a licensee,
license applicant, or employment applicant under this section does not satisfy the
requirements of any statute or rule other than sections 299C.60 to 299C.64, that provides
for background study of members of an individual's particular occupation.
deleted text end
Sec. 16.
Minnesota Statutes 2020, section 299C.72, is amended to read:
299C.72 MINNESOTA CRIMINAL HISTORY CHECKS.
Subdivision 1.
Definitions.
For purposes of this section, the following terms have the
meanings given.
(a) "Applicant for employment" means an individual who seeks either county or city
employment or has applied to serve as a volunteer in the county or city.
(b) "Applicant for licensure" means the individual seeks a license issued by the county
or city which is not subject to a federal- or state-mandated background check.
(c) "Authorized law enforcement agency" means the county sheriff for checks conducted
for county purposes, the police department for checks conducted for city purposes, or the
county sheriff for checks conducted for city purposes where there is no police department.
(d) "Criminal history check" means retrieval of criminal history data via the secure
network described in section 299C.46.
(e) "Criminal history data" means adult convictions and adult open arrests less than one
year old found in the Minnesota computerized criminal history repository.
new text begin
(f) "Current employee" means an individual presently employed by either a county or
city or who presently serves as a volunteer in the county or city.
new text end
new text begin
(g) "Current licensee" means an individual who has previously sought and received a
license, which is still presently valid, issued by a county or city.
new text end
deleted text begin (f)deleted text end new text begin (h)new text end "Informed consent" has the meaning given in section 13.05, subdivision 4,
paragraph (d).
Subd. 2.
Criminal history check authorized.
(a) The criminal history check authorized
by this section shall not be used in place of a statutorily mandated or authorized background
check.
(b) An authorized law enforcement agency may conduct a criminal history check of an
individual who is an applicant for employment deleted text begin ordeleted text end new text begin , current employee,new text end applicant for licensurenew text begin ,
or current licenseenew text end . Prior to conducting the criminal history check, the authorized law
enforcement agency must receive the informed consent of the individual.
(c) The authorized law enforcement agency shall not disseminate criminal history data
and must maintain it securely with the agency's office. The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for licensure has a
criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
would prevent the issuance of a license to the department that issues the license.
ARTICLE 9
CRIME VICTIM REIMBURSEMENTS
Section 1.
Minnesota Statutes 2020, section 611A.51, is amended to read:
611A.51 TITLE.
Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act."
Sec. 2.
Minnesota Statutes 2020, section 611A.52, subdivision 3, is amended to read:
Subd. 3.
Board.
"Board" means the Crime Victims deleted text begin reparationsdeleted text end new text begin Reimbursementnew text end Board
established by section 611A.55.
Sec. 3.
Minnesota Statutes 2020, section 611A.52, subdivision 4, is amended to read:
Sec. 4.
Minnesota Statutes 2020, section 611A.52, subdivision 5, is amended to read:
Subd. 5.
Collateral source.
"Collateral source" means a source of benefits or advantages
for economic loss otherwise deleted text begin reparabledeleted text end new text begin reimbursablenew text end under sections 611A.51 to 611A.68
which the victim or claimant has received, or which is readily available to the victim, from:
(1) the offender;
(2) the government of the United States or any agency thereof, a state or any of its
political subdivisions, or an instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to benefits under sections
611A.51 to 611A.68;
(3) Social Security, Medicare, and Medicaid;
(4) state required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for economic loss sustained
because of the crime;
(8) a contract providing prepaid hospital and other health care services, or benefits for
disability;
(9) any private source as a voluntary donation or gift; or
(10) proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract.
Sec. 5.
Minnesota Statutes 2020, section 611A.53, is amended to read:
611A.53 deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENT new text end AWARDS PROHIBITED.
Subdivision 1.
Generally.
Except as provided in subdivisions 1a and 2, the following
persons shall be entitled to deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon a showing by a preponderance
of the evidence that the requirements for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end have been met:
(1) a victim who has incurred economic loss;
(2) a dependent who has incurred economic loss;
(3) the estate of a deceased victim if the estate has incurred economic loss;
(4) any other person who has incurred economic loss by purchasing any of the products,
services, and accommodations described in section 611A.52, subdivision 8, for a victim;
(5) the guardian, guardian ad litem, conservator or authorized agent of any of these
persons.
Subd. 1a.
Providers; limitations.
No hospital, medical organization, health care provider,
or other entity that is not an individual may qualify for reparations under subdivision 1,
clause (4). If a hospital, medical organization, health care provider, or other entity that is
not an individual qualifies for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under subdivision 1, clause (5),
because it is a guardian, guardian ad litem, conservator, or authorized agent, any deleted text begin reparationsdeleted text end new text begin
reimbursementnew text end to which it is entitled must be made payable solely or jointly to the victim,
if alive, or to the victim's estate or successors, if the victim is deceased.
Subd. 1b.
Minnesota residents injured elsewhere.
(a) A Minnesota resident who is
the victim of a crime committed outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the same rights under this chapter
as if the crime had occurred within this state upon a showing that the state, territory, United
States possession, country, or political subdivision of a country in which the crime occurred
does not have a crime victim deleted text begin reparationsdeleted text end new text begin reimbursementnew text end law covering the resident's injury
or death.
(b) Notwithstanding paragraph (a), a Minnesota resident who is the victim of a crime
involving international terrorism who otherwise meets the requirements of this section has
the same rights under this chapter as if the crime had occurred within this state regardless
of where the crime occurred or whether the jurisdiction has a crime victims deleted text begin reparationsdeleted text end new text begin
reimbursementnew text end law.
Subd. 2.
Limitations on awards.
No deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be awarded to a
claimant otherwise eligible if:
(1) the crime was not reported to the police within 30 days of its occurrence or, if it
could not reasonably have been reported within that period, within 30 days of the time when
a report could reasonably have been made. A victim of criminal sexual conduct in the first,
second, third, or fourth degree who does not report the crime within 30 days of its occurrence
is deemed to have been unable to have reported it within that period;
(2) the victim or claimant failed or refused to cooperate fully with the police and other
law enforcement officialsnew text begin , based on a review of information available from law enforcement,
prosecutors, and other professionals familiar with the casenew text end ;
(3) the victim or claimant was the offender or an accomplice of the offender or an award
to the claimant would unjustly benefit the offender or an accomplice;
(4) the victim or claimant was in the act of committing a crime at the time the injury
occurred;
(5) no claim was filed with the board within three years of victim's injury or death; except
that (i) if the claimant was unable to file a claim within that period, then the claim can be
made within three years of the time when a claim could have been filed; and (ii) if the
victim's injury or death was not reasonably discoverable within three years of the injury or
death, then the claim can be made within three years of the time when the injury or death
is reasonably discoverable. The following circumstances do not render a claimant unable
to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the
Minnesota Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act, (B) the failure of a law
enforcement agency to provide information or assistance to a potential claimant under
section 611A.66, (C) the incompetency of the claimant if the claimant's affairs were being
managed during that period by a guardian, guardian ad litem, conservator, authorized agent,
or parent, or (D) the fact that the claimant is not of the age of majority; or
(6) the claim is less than $50.
The limitations contained in clauses (1) and (6) do not apply to victims of child abuse.
In those cases the three-year limitation period commences running with the report of the
crime to the police.
Sec. 6.
Minnesota Statutes 2020, section 611A.54, is amended to read:
611A.54 AMOUNT OF deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end .
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end shall equal economic loss except that:
(1) deleted text begin reparationsdeleted text end new text begin reimbursement new text end shall be reduced to the extent that economic loss is
recouped from a collateral source or collateral sources. Where compensation is readily
available to a claimant from a collateral source, the claimant must take reasonable steps to
recoup from the collateral source before claiming deleted text begin reparationsdeleted text end new text begin reimbursementnew text end ;
(2) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be denied or reduced to the extent, if any, that the
board deems reasonable because of the contributory misconduct of the claimant or of a
victim through whom the claimant claimsnew text begin . Contributory misconduct may not be based on
current or past affiliation with any particular groupnew text end ; and
(3) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end paid to all claimants suffering economic loss as the result
of the injury or death of any one victim shall not exceed $50,000.
No employer may deny an employee an award of benefits based on the employee's
eligibility or potential eligibility for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end .
Sec. 7.
Minnesota Statutes 2020, section 611A.55, is amended to read:
611A.55 CRIME VICTIMS deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end BOARD.
Subdivision 1.
Creation of board.
There is created in the Department of Public Safety,
for budgetary and administrative purposes, the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end
Board, which shall consist of five members appointed by the commissioner of public safety.
One of the members shall be designated as chair by the commissioner of public safety and
serve as such at the commissioner's pleasure. At least one member shall be a medical or
osteopathic physician licensed to practice in this state, and at least one member shall be a
victim, as defined in section 611A.01.
Subd. 2.
Membership, terms and compensation.
The membership terms, compensation,
removal of members, and filling of vacancies on the board shall be as provided in section
15.0575.
Subd. 3.
Part-time service.
Members of the board shall serve part time.
Sec. 8.
Minnesota Statutes 2020, section 611A.56, is amended to read:
611A.56 POWERS AND DUTIES OF BOARD.
Subdivision 1.
Duties.
In addition to carrying out any duties specified elsewhere in
sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including
rules governing the method of practice and procedure before the board, prescribing the
manner in which applications for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be made, and providing
for discovery proceedings;
(3) publicize widely the availability of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and the method of
making claims; and
(4) prepare and transmit annually to the governor and the commissioner of public safety
a report of its activities including the number of claims awarded, a brief description of the
facts in each case, the amount of deleted text begin reparationdeleted text end new text begin reimbursementnew text end awarded, and a statistical
summary of claims and awards made and denied.
Subd. 2.
Powers.
In addition to exercising any powers specified elsewhere in sections
611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant
or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records,
and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions
within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts
within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim
provided that notice is given to the person to be examined and that the claimant and the
attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out
of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and
data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency deleted text begin reparationsdeleted text end new text begin reimbursementnew text end pending the final determination of a
claim if it is one with respect to which an award will probably be made and undue hardship
will result to the claimant if immediate payment is not made; and
(8) reconsider any decision granting or denying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end or determining
their amount.
Sec. 9.
Minnesota Statutes 2020, section 611A.57, subdivision 5, is amended to read:
Subd. 5.
Reconsideration.
The claimant may, within 30 days after receiving the decision
of the board, apply for reconsideration before the entire board. Upon request for
reconsideration, the board shall reexamine all information filed by the claimant, including
any new information the claimant provides, and all information obtained by investigation.
The board may also conduct additional examination into the validity of the claim. Upon
reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied
deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon reconsideration is entitled to a contested case hearing within
the meaning of chapter 14.
Sec. 10.
Minnesota Statutes 2020, section 611A.57, subdivision 6, is amended to read:
Subd. 6.
Data.
Claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and supporting documents and
reports are investigative data and subject to the provisions of section 13.39 until the claim
is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or
abandonment of a claim, the claim and supporting documents and reports are private data
on individuals as defined in section 13.02, subdivision 12; provided that the board may
forward any deleted text begin reparationsdeleted text end new text begin reimbursementnew text end claim forms, supporting documents, and reports to
local law enforcement authorities for purposes of implementing section 611A.67.
Sec. 11.
Minnesota Statutes 2020, section 611A.60, is amended to read:
611A.60 deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end ; HOW PAID.
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end may be awarded in a lump sum or in installments in the
discretion of the board. The amount of any emergency award shall be deducted from the
final award, if a lump sum, or prorated over a period of time if the final award is made in
installments. deleted text begin Reparations aredeleted text end new text begin Reimbursement is new text end exempt from execution or attachment except
by persons who have supplied services, products or accommodations to the victim as a result
of the injury or death which is the basis of the claim. The board, in its discretion may order
that all or part of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded be paid directly to these suppliers.
Sec. 12.
Minnesota Statutes 2020, section 611A.61, is amended to read:
611A.61 SUBROGATION.
Subdivision 1.
Subrogation rights of state.
The state shall be subrogated, to the extent
of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded, to all the claimant's rights to recover benefits or
advantages for economic loss from a source which is or, if readily available to the victim
or claimant would be, a collateral source. Nothing in this section shall limit the claimant's
right to bring a cause of action to recover for other damages.
Subd. 2.
Duty of claimant to assist.
A claimant who receives deleted text begin reparationsdeleted text end new text begin reimbursementnew text end
must agree to assist the state in pursuing any subrogation rights arising out of the claim.
The board may require a claimant to agree to represent the state's subrogation interests if
the claimant brings a cause of action for damages arising out of the crime or occurrence for
which the board has awarded deleted text begin reparationsdeleted text end new text begin reimbursementnew text end . An attorney who represents the
state's subrogation interests pursuant to the client's agreement with the board is entitled to
reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the
state.
Sec. 13.
Minnesota Statutes 2020, section 611A.612, is amended to read:
611A.612 CRIME VICTIMS ACCOUNT.
A crime victim account is established as a special account in the state treasury. Amounts
collected by the state under section 611A.61, paid to the Crime Victims deleted text begin Reparationsdeleted text end new text begin
Reimbursementnew text end Board under section 611A.04, subdivision 1a, or amounts deposited by the
court under section 611A.04, subdivision 5, shall be credited to this account. Money credited
to this account is annually appropriated to the Department of Public Safety for use for crime
victim deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under sections 611A.51 to 611A.67.
Sec. 14.
Minnesota Statutes 2020, section 611A.66, is amended to read:
611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS
OF RIGHT TO FILE CLAIM.
All law enforcement agencies investigating crimes shall provide victims with notice of
their right to apply for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end with the telephone number deleted text begin to call to
requestdeleted text end new text begin and website information to obtainnew text end an application form.
Law enforcement agencies shall assist the board in performing its duties under sections
611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request
from the board shall supply the board with requested reports, notwithstanding any provisions
to the contrary in chapter 13, and including reports otherwise maintained as confidential or
not open to inspection under section 260B.171 or 260C.171. All data released to the board
retains the data classification that it had in the possession of the law enforcement agency.
Sec. 15.
Minnesota Statutes 2020, section 611A.68, subdivision 2a, is amended to read:
Subd. 2a.
Notice and payment of proceeds to board required.
A person that enters
into a contract with an offender convicted in this state, and a person that enters into a contract
in this state with an offender convicted in this state or elsewhere within the United States,
must comply with this section if the person enters into the contract during the ten years after
the offender is convicted of a crime or found not guilty by reason of insanity. If an offender
is imprisoned or committed to an institution following the conviction or finding of not guilty
by reason of insanity, the ten-year period begins on the date of the offender's release. A
person subject to this section must notify the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end
Board of the existence of the contract immediately upon its formation, and pay over to the
board money owed to the offender or the offender's representatives by virtue of the contract
according to the following proportions:
(1) if the crime occurred in this state, the person shall pay to the board 100 percent of
the money owed under the contract;
(2) if the crime occurred in another jurisdiction having a law applicable to the contract
which is substantially similar to this section, this section does not apply, and the person
must not pay to the board any of the money owed under the contract; and
(3) in all other cases, the person shall pay to the board that percentage of money owed
under the contract which can fairly be attributed to commerce in this state with respect to
the subject matter of the contract.
Sec. 16.
Minnesota Statutes 2020, section 611A.68, subdivision 4, is amended to read:
Subd. 4.
Deductions.
When the board has made deleted text begin reparationsdeleted text end new text begin reimbursementnew text end payments
to or on behalf of a victim of the offender's crime pursuant to sections 611A.51 to 611A.68,
it shall deduct the amount of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end award from any payment
received under this section by virtue of the offender's contract unless the board has already
been reimbursed for the deleted text begin reparationsdeleted text end award from another collateral source.
Sec. 17.
Minnesota Statutes 2020, section 611A.68, subdivision 4b, is amended to read:
Subd. 4b.
Claims by victims of offender's crime.
A victim of a crime committed by
the offender and the estate of a deceased victim of a crime committed by the offender may
submit the following claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and damages to the board to be
paid from money received by virtue of the offender's contract:
(1) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim is entitled under sections
611A.51 to 611A.68 and for which the victim has not yet received an award from the board;
(2) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim would have been entitled
under sections 611A.51 to 611A.68, but for the $50,000 maximum limit contained in section
611A.54, clause (3); and
(3) claims for other uncompensated damages suffered by the victim as a result of the
offender's crime including, but not limited to, damages for pain and suffering.
The victim must file the claim within five years of the date on which the board received
payment under this section. The board shall determine the victim's claim in accordance with
the procedures contained in sections 611A.57 to 611A.63. An award made by the board
under this subdivision must be paid from the money received by virtue of the offender's
contract that remains after a deduction or allocation, if any, has been made under subdivision
4 or 4a.
Sec. 18.
Minnesota Statutes 2020, section 611A.68, subdivision 4c, is amended to read:
Subd. 4c.
Claims by other crime victims.
The board may use money received by virtue
of an offender's contract for the purpose of paying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded to
victims of other crimes pursuant to sections 611A.51 to 611A.68 under the following
circumstances:
(1) money remain after deductions and allocations have been made under subdivisions
4 and 4a, and claims have been paid under subdivision 4b; or
(2) no claim is filed under subdivision 4b within five years of the date on which the
board received payment under this section.
None of this money may be used for purposes other than deleted text begin the payment of reparationsdeleted text end new text begin
reimbursementnew text end .
Sec. 19. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall change "reparations," "reparable," or
the same or similar terms to "reimbursement," "reimbursable," or the same or similar terms
consistent with this article. The revisor shall also make other technical changes resulting
from the change of term to the statutory language, sentence structure, or both, if necessary
to preserve the meaning of the text.
new text end
ARTICLE 10
CRIME VICTIM NOTIFICATION
Section 1.
Minnesota Statutes 2020, section 253B.18, subdivision 5a, is amended to read:
Subd. 5a.
Victim notification of petition and release; right to submit statement.
(a)
As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurrednew text begin or were part of their course of harmful sexual conductnew text end .
(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petitionnew text begin and
the process for requesting notification of an individual's change in status as provided in
paragraph (c)new text end .
new text begin
(c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person committed
under this section from a state-operated treatment program or treatment facility, the head
of the state-operated treatment program or head of the treatment facility shall make a
reasonable effort to notify any victim of a crime for which the person was convicted that
the person may be discharged or released and that the victim has a right to submit a written
statement regarding decisions of the medical director, special review board, or commissioner
with respect to the person. To the extent possible, the notice must be provided at least 14
days before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4.new text begin These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).
new text end
deleted text begin
(d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. A
request for notice under this subdivision received by the commissioner of corrections through
the Department of Corrections electronic victim notification system shall be promptly
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the state-operated treatment program
or head of the treatment facility. A county attorney who receives a request for notification
under this paragraph following commitment shall promptly forward the request to the
commissioner of human services.
deleted text end
(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.
Sec. 2.
Minnesota Statutes 2020, section 253D.14, subdivision 2, is amended to read:
Subd. 2.
Notice of filing petition.
A county attorney who files a petition to commit a
person under this chapter shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convictednew text begin or was listed as a
victim in the petition of commitmentnew text end . In addition, the county attorney shall make a reasonablenew text begin
and good faithnew text end effort to promptly notify the victim of the resolution of the deleted text begin petitiondeleted text end new text begin process
for requesting the notification of an individual's change in status as provided in section
253D.14, subdivision 3new text end .
Sec. 3.
Minnesota Statutes 2020, section 253D.14, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Requesting notification. new text end
new text begin
A victim may request notification of an individual's
discharge or release as outlined in subdivision 3 by submitting a written request for
notification to the executive director of the facility in which the individual is confined. The
Department of Corrections or a county attorney who receives a request for notification from
a victim under this section following an individual's civil commitment shall promptly forward
the request to the executive director of the treatment facility in which the individual is
confined.
new text end
Sec. 4.
Minnesota Statutes 2020, section 253D.14, subdivision 3, is amended to read:
Subd. 3.
Notice of discharge or release.
Before provisionally discharging, discharging,
granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily
releasing a person committed under this chapter from a treatment facility, the executive
director shall make a reasonable effort to notify any victim of a crime for which the person
was convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the executive director, or special review
board, with respect to the person. To the extent possible, the notice must be provided at
least 14 days before any special review board hearing or before a determination on a pass
plan. Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the
judicial appeal panel with victim information in order to comply with the provisions of this
chapter. The judicial appeal panel shall ensure that the data on victims remains private as
provided for in section 611A.06, subdivision 4.new text begin This subdivision applies only to victims
who have submitted a written request for notification as provided in subdivision 2a.
new text end
Sec. 5.
Minnesota Statutes 2020, section 611A.039, subdivision 1, is amended to read:
Subdivision 1.
Notice required.
new text begin (a) new text end 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
casenew text begin and of the victim rights under section 611A.06new 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 court
or its designee shall make a reasonable and good faith effort to notify the victim of the
crime. If the victim is incapacitated or deceased, notice must be given to the victim's family.
If the victim is a minor, notice must be given to the victim's parent or guardian. 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 and victim's family may provide input to the court
concerning the sentence modification.
new text begin
(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.
new text end
new text begin (c) new text end As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.
Sec. 6.
Minnesota Statutes 2020, section 611A.06, subdivision 1, is amended to read:
Subdivision 1.
Notice of release required.
new text begin (a) new text end The commissioner of corrections or other
custodial authority shall make a good faith effort to notify the victim that the offender is to
be released from imprisonment or incarceration, including release on extended furlough
and for work releasedeleted text begin ; releaseddeleted text end new text begin and releasenew text end from a juvenile correctional facilitydeleted text begin ; released
from a facility in which the offender was confined due to incompetency, mental illness, or
mental deficiency, or commitment under section 253B.18 or chapter 253D;deleted text end new text begin ,new text end or if the
offender's custody status is reduceddeleted text begin , if the victim has mailed to the commissioner of
corrections ordeleted text end new text begin . These notices shall only be provided to victims who have submitted a written
request for notificationnew text end to the head of the new text begin county correctional new text end facility in which the offender
is confined deleted text begin a written request for this noticedeleted text end , or deleted text begin the victim has madedeleted text end new text begin if committed to the
Department of Corrections, submittednew text end a new text begin written new text end request for this notice to the commissioner
of corrections new text begin or electronic request new text end through the Department of Corrections electronic victim
notification system. The good faith effort to notify the victim must occur prior to the
offender's release or when the offender's custody status is reduced. For a victim of a felony
crime against the person for which the offender was sentenced to imprisonment for more
than 18 months, the good faith effort to notify the victim must occur 60 days before the
offender's release.
new text begin
(b) The commissioner of human services shall make a good faith effort to notify the
victim in writing that the offender is to be released from confinement in a facility due to
incompetency, mental illness, or mental deficiency, or commitment under section 253B.18
or chapter 253D if the victim has submitted a written request for notification to the executive
director of the facility in which the individual is confined.
new text end
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 253D.14, subdivision 4; and 611A.0385,
new text end
new text begin
are repealed.
new text end
ARTICLE 11
EMERGENCY RESPONSE AND FIRE SAFETY
Section 1.
new text begin
[299F.0115] EXEMPTION FOR MEMBERS OF FEDERALLY
RECOGNIZED TRIBES.
new text end
new text begin
(a) The state fire marshal shall issue building-specific waivers for elements of the State
Fire Code that conflict with a federally recognized Tribe's religious beliefs, traditional
building practices, or established teachings. Both individual members of federally recognized
Tribes, direct lineal descendents of federally recognized Tribes, and organizations of members
of federally recognized Tribes may apply for these waivers.
new text end
new text begin
(b) Waivers may only be granted for the following types of buildings:
new text end
new text begin
(1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end
new text begin
(2) meeting houses; and
new text end
new text begin
(3) one-room educational buildings.
new text end
new text begin
(c) To obtain a waiver, an applicant must apply to the state fire marshal on a form
established by the state fire marshal. The application must:
new text end
new text begin
(1) identify the building the waiver will apply to;
new text end
new text begin
(2) identify the Tribe the applicant is a member of; and
new text end
new text begin
(3) declare that requirements of the State Fire Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified Tribe, which the
applicant adheres to.
new text end
new text begin
(d) Any building for which a waiver is granted may not be sold or leased until:
new text end
new text begin
(1) the building is brought into compliance with the version of the State Fire Code in
force at the time of the sale or lease; or
new text end
new text begin
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end
Sec. 2.
new text begin
[299F.3605] PETROLEUM REFINERIES.
new text end
new text begin
(a) As used in this section, "petroleum refinery" has the meaning given in section
115C.02, subdivision 10a.
new text end
new text begin
(b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or
contract for a full-time paid on-site fire department regularly charged with the responsibility
of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed
to respond to fires at the refinery and to conduct inspections and employee training to prevent
fires.
new text end
Sec. 3.
Minnesota Statutes 2020, section 299N.04, subdivision 1, is amended to read:
Subdivision 1.
Examination; requirements.
(a) The board must appoint an organization
deleted text begin that is accredited by the International Fire Service Accreditation Congressdeleted text end to prepare and
administer firefighter certification examinations. Firefighter certification examinations must
be designed to ensure and demonstrate competency that meets deleted text begin thedeleted text end new text begin applicablenew text end NFPA deleted text begin 1001
standard or a national standard in areas including but not limited to:deleted text end new text begin standards.
new text end
deleted text begin
(1) fire prevention;
deleted text end
deleted text begin
(2) fire suppression; and
deleted text end
deleted text begin
(3) hazardous materials operations.
deleted text end
deleted text begin
(b) Certification must be obtained by the individual demonstrating competency in fire
prevention and protection under the NFPA 1001 standard.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end Nothing in this section shall be construed to prohibit any requirement imposed
by a local fire department for more comprehensive training.
Sec. 4.
Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Firefighter Certification Board; appointments; duties. new text end
new text begin
(a) By July 1, 2022,
the commissioner shall appoint a Firefighter Certification Board consisting of 18 members
as recommended by the following organizations:
new text end
new text begin
(1) one member recommended by the Minnesota State Fire Chiefs Association;
new text end
new text begin
(2) one member recommended by the Minnesota State Fire Department Association;
new text end
new text begin
(3) one member recommended by the Minnesota Chapter of the International Association
of Arson Investigators;
new text end
new text begin
(4) one member recommended by the Fire Marshals Association of Minnesota;
new text end
new text begin
(5) one member recommended by the State Fire Marshal Division;
new text end
new text begin
(6) one member recommended by the Minnesota State Fire Training Program
Coordinator's Group;
new text end
new text begin
(7) two members recommended by Minnesota Professional Fire Fighters;
new text end
new text begin
(8) one member recommended by a private fire training organization;
new text end
new text begin
(9) one member recommended by regional fire training academies;
new text end
new text begin
(10) five members recommended by the regional director of Greater Minnesota Fire
Service;
new text end
new text begin
(11) one member recommended by the League of Minnesota Cities;
new text end
new text begin
(12) one member recommended by the Minnesota Association of Townships; and
new text end
new text begin
(13) one public member not affiliated or associated with any member or interest,
appointed by the commissioner.
new text end
new text begin
(b) Each member shall serve an initial term of two years. The commissioner shall appoint
at least eight members from outside the metropolitan area.
new text end
new text begin
(c) Appointed members serve without compensation.
new text end
new text begin
(d) By January 1, 2023, the board must be accredited by the International Fire Service
Accreditation Congress and begin to carry out the following duties:
new text end
new text begin
(1) establish qualifications for, appoint, and train examiners to conduct both the written
and skills tests required for firefighter certification;
new text end
new text begin
(2) maintain a list of examiners that have met the qualifications;
new text end
new text begin
(3) develop and maintain a program to determine and certify the competency of and
issue certificates to individuals who pass examinations based on the NFPA fire service
professional qualifications and other standards approved by the certification assembly;
new text end
new text begin
(4) make recommendations to the legislature to improve the quality of firefighter training;
new text end
new text begin
(5) conduct studies and surveys and make reports to the commissioner; and
new text end
new text begin
(6) conduct other activities as necessary to carry out these duties.
new text end
new text begin
(e) The commissioner shall provide the necessary staff and support to the board and may
charge back any costs related to the board to the special account created in subdivision 4.
new text end
Sec. 5.
Minnesota Statutes 2020, section 299N.04, subdivision 2, is amended to read:
Subd. 2.
Eligibility for certification examination.
Except as provided in subdivision
3, any person may take the firefighter certification examination who has successfully
completed the following:
(1)(i) a firefighter course from a postsecondary educational institution, an accredited
institution of higher learning, or another entity that teaches a course that has been approved
by the board; or (ii) an apprenticeship or cadet program maintained by a Minnesota fire
department that has been approved by the deleted text begin boarddeleted text end new text begin Board of Firefighter Training and Educationnew text end ;
and
(2) a skills-oriented basic training course.
Sec. 6.
Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Revenues. new text end
new text begin
(a) The board and its programs shall be funded through fees collected
from individuals who apply for certification and for certification renewal.
new text end
new text begin
(b) A firefighter certification account is created in the special revenue fund. The account
consists of the fees collected under this section and any other money donated, allotted,
transferred, or otherwise provided to the account. Money in the account is annually
appropriated to the commissioner to pay costs incurred under this section.
new text end
new text begin
(c) The board may accept funding from the fire safety account established in section
297I.06 for special or distinctive projects.
new text end
new text begin
(d) The board shall recommend a certification fee schedule to the commissioner. The
commissioner shall set the fee on an annual basis to coincide with the state's fiscal year.
new text end
Sec. 7.
Minnesota Statutes 2020, section 299N.04, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Definitions. new text end
new text begin
(a) Unless otherwise indicated, for purposes of this section, the
terms in this subdivision have the meanings given them.
new text end
new text begin
(b) "Board" means the Firefighter Certification Board established under subdivision 1a.
new text end
new text begin
(c) "Commissioner" means the commissioner of public safety.
new text end
Sec. 8.
new text begin
[326B.125] EXEMPTION FOR MEMBERS OF FEDERALLY RECOGNIZED
TRIBES.
new text end
new text begin
(a) The commissioner of labor and industry shall issue building-specific waivers for
elements of the State Building Code that conflict with a federally recognized Tribe's religious
beliefs, traditional building practices, or established teachings. Both individual members
of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and
organizations of members of federally recognized Tribes may apply for these waivers.
new text end
new text begin
(b) Waivers may only be granted for the following types of buildings:
new text end
new text begin
(1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end
new text begin
(2) meeting houses; and
new text end
new text begin
(3) one-room educational buildings.
new text end
new text begin
(c) To obtain a waiver, an applicant must apply to the commissioner on a form established
by the commissioner. The application must:
new text end
new text begin
(1) identify the building the waiver will apply to;
new text end
new text begin
(2) identify the Tribe the applicant is a member of; and
new text end
new text begin
(3) declare that requirements of the State Building Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified Tribe, which the
applicant adheres to.
new text end
new text begin
(d) Any building for which a waiver is granted may not be sold or leased until:
new text end
new text begin
(1) the building is brought into compliance with the version of the State Building Code
in force at the time of the sale or lease; or
new text end
new text begin
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end
Sec. 9.
Minnesota Statutes 2020, section 403.02, subdivision 16, is amended to read:
Subd. 16.
Metropolitan area.
"Metropolitan area" means the counties of Anoka, Carver,
new text begin Chisago, new text end Dakota, Hennepin, new text begin Isanti, new text end Ramsey, Scott, new text begin Sherburne, new text end and Washington.
Sec. 10.
Minnesota Statutes 2020, section 403.03, subdivision 1, is amended to read:
Subdivision 1.
Emergency response services.
Services available through a 911 system
must include police, firefighting, and emergency medical and ambulance services. Other
emergency and civil defense services may be incorporated into the 911 system at the
discretion of the public agency operating the public safety answering point. The 911 system
deleted text begin maydeleted text end new text begin shallnew text end include a referral to mental health crisis teamsdeleted text begin , where availabledeleted text end new text begin when appropriatenew text end .
Sec. 11.
Minnesota Statutes 2020, section 403.07, subdivision 2, is amended to read:
Subd. 2.
Design standards for metropolitan area.
The Metropolitan deleted text begin 911deleted text end new text begin Emergency
Servicesnew text end Board shall establish and adopt design standards for the metropolitan area 911
system and transmit them to the commissioner for incorporation into the rules adopted
pursuant to this section.
Sec. 12.
Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, deleted text begin anddeleted text end to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phonesdeleted text begin .deleted text end new text begin ,
and to offset costs to state and local governments for ongoing increases in expenditures
related to the updating and maintenance of systems to comply with Next-Generation-IP-based
911 telecommunications systems.
new text end
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid new text begin and defined reserves met new text end must not cancel and is carried forward
to subsequent years and deleted text begin maydeleted text end new text begin shallnew text end be appropriated deleted text begin from time to timedeleted text end to the commissioner
to provide financial assistance to counties for the improvement of local emergency
telecommunications servicesnew text begin in compliance with the uses designated in section 403.113,
subdivision 3new text end .
(c) The fee may not be less than eight cents nor more than 65 cents a month until June
30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nor more than 95 cents a month on or after July 1, 2010, for each customer access
line or other basic access service, including trunk equivalents as designated by the Public
Utilities Commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the limits specified
and inform the companies and carriers of the amount to be collected. deleted text begin When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer
needed.deleted text end The commissioner shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all customers, except that the fee
imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 13.
Minnesota Statutes 2020, section 403.21, subdivision 3, is amended to read:
Subd. 3.
First phase.
"First phase" or "first phase of the regionwide public safety radio
communication system" means the initial backbone which serves the following deleted text begin nine-countydeleted text end new text begin
ten-countynew text end metropolitan area: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey,
Scott, new text begin Sherburne, new text end and Washington Counties.
Sec. 14.
Minnesota Statutes 2020, section 403.21, subdivision 12, is amended to read:
Subd. 12.
Greater Minnesota.
"Greater Minnesota" means the area of the state outside
the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area served by the first phase.
Sec. 15.
Minnesota Statutes 2020, section 403.36, subdivision 1, is amended to read:
Subdivision 1.
Membership.
(a) The commissioner of public safety shall convene and
chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the chair of the Metropolitan Council;
(7) two elected city officials, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the League of
Minnesota Cities;
(8) two elected county officials, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the Association of
Minnesota Counties;
(9) two sheriffs, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and one from
Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
(10) two chiefs of police, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and
one from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Chiefs' of Police Association;
(11) two fire chiefs, one from the deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and one
from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Fire Chiefs' Association;
(12) two representatives of emergency medical service providers, one from the
deleted text begin nine-countydeleted text end new text begin ten-countynew text end metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the Minnesota Ambulance
Association;
(13) the chair of the deleted text begin regional radio board for the metropolitan areadeleted text end new text begin Metropolitan
Emergency Services Boardnew text end ; and
(14) a representative of Greater Minnesota elected by those units of government in phase
three and any subsequent phase of development as defined in the statewide, shared radio
and communication plan, who have submitted a plan to the Statewide Radio Board and
where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board members
representing Greater Minnesota with the appointing authorities and may designate the
geographic region or regions from which an appointed board member is selected where
necessary to provide representation from throughout the state.
Sec. 16. new text begin 911 TELECOMMUNICATOR WORKING GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
(a) The commissioner of public safety shall convene a 911
telecommunicator working group that consists of the commissioner, or a designee, and one
representative of each of the following organizations:
new text end
new text begin
(1) the Minnesota Chiefs of Police Association;
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new text begin
(2) the Minnesota Sheriffs' Association;
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new text begin
(3) the Minnesota Police and Peace Officers Association;
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new text begin
(4) the Emergency Communications Network;
new text end
new text begin
(5) the Minnesota State Fire Chiefs Association;
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new text begin
(6) the Association of Minnesota Counties;
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new text begin
(7) the League of Minnesota Cities;
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new text begin
(8) Tribal dispatchers;
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new text begin
(9) the Metropolitan Emergency Services Board;
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new text begin
(10) the Emergency Medical Services Regulatory Board;
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new text begin
(11) the Statewide Emergency Communications Board;
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new text begin
(12) each of the Statewide Emergency Communications Board's seven regional boards;
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new text begin
(13) mental health crisis team providers;
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new text begin
(14) the Minnesota Association of Public Safety Communications Officials (MN APCO)
and the National Emergency Number Association of Minnesota (NENA of MN); and
new text end
new text begin
(15) the Minnesota Ambulance Association.
new text end
new text begin
(b) The working group must also include a nonsupervisory telecommunicator working
in a regional center outside of the seven-county metropolitan area, a nonsupervisory
telecommunicator working in rural Minnesota, and a nonsupervisory telecommunicator
working in the seven-county metropolitan area.
new text end
new text begin
(c) The organizations specified in paragraph (a) shall provide the commissioner with a
designated member to serve on the working group by June 15, 2021. The commissioner
shall appoint these members to the working group. Appointments to the working group
must be made by July 1, 2021.
new text end
new text begin Subd. 2. new text end
new text begin Duties; report. new text end
new text begin
The working group must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance by January 15, 2022. The report must:
new text end
new text begin
(1) recommend a statutory definition of 911 telecommunicators;
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new text begin
(2) recommend minimum training and continuing education standards for certification
of 911 telecommunicators;
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new text begin
(3) recommend standards for certification of 911 telecommunicators;
new text end
new text begin
(4) recommend funding options for mandated 911 telecommunicators training;
new text end
new text begin
(5) recommend best practices in incident response command structure for the state's first
responders to implement that do not violate either the United States or Minnesota
Constitutions, after reviewing the various incident response command structures used in
the field across the nation and world; and
new text end
new text begin
(6) provide other recommendations the working group deems appropriate.
new text end
new text begin Subd. 3. new text end
new text begin First meeting; chair. new text end
new text begin
The commissioner of public safety must convene the
first meeting of the working group by August 1, 2021. At the first meeting, the members
must elect a chair. The working group may conduct meetings remotely. The chair shall be
responsible for document management of materials for the working group.
new text end
new text begin Subd. 4. new text end
new text begin Compensation; reimbursement. new text end
new text begin
Members serve without compensation.
new text end
new text begin Subd. 5. new text end
new text begin Administrative support. new text end
new text begin
The commissioner of public safety must provide
administrative support to the working group.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The working group expires January 15, 2022.
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. 17. new text begin TITLE.
new text end
new text begin
Section 10 shall be known as "Travis's Law."
new text end
APPENDIX
Repealed Minnesota Statutes: H1078-1
253D.14 VICTIM NOTIFICATION OF PETITION AND RELEASE; RIGHT TO SUBMIT STATEMENT.
Subd. 4.
Electronic notice.
This section applies only to victims who have requested notification through the Department of Corrections electronic victim notification system, or by contacting, in writing, the county attorney in the county where the conviction for the crime occurred or where the civil commitment was filed or, following commitment, the executive director. A request for notice under this section received by the commissioner of corrections through the Department of Corrections electronic victim notification system shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense to which the notice relates or, following commitment, the executive director. A county attorney who receives a request for notification under this section following commitment shall promptly forward the request to the commissioner of human services.
609.293 SODOMY.
Subdivision 1.
Definition.
"Sodomy" means carnally knowing any person by the anus or by or with the mouth.
Subd. 5.
Consensual acts.
Whoever, in cases not coming within the provisions of sections 609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.
Subd. 3.
General prostitution crimes; penalties for patrons.
(a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced to pay a fine of at least $500.
(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows:
(1) to pay a fine of at least $1,500; and
(2) to serve 20 hours of community work service.
The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.
609.34 FORNICATION.
When any man and single woman have sexual intercourse with each other, each is guilty of fornication, which is a misdemeanor.
609.36 ADULTERY.
Subdivision 1.
Acts constituting.
When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 2.
Limitations.
No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after one year from the commission of the offense.
Subd. 3.
Defense.
It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.
611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT.
At the time of sentencing or the disposition hearing in a case in which there is an identifiable victim, the court or its designee shall make reasonable good faith efforts to inform each affected victim of the offender notice of release and notice of expungement provisions of section 611A.06. If the victim is a minor, the court or its designee shall, if appropriate, also make reasonable good faith efforts to inform the victim's parent or guardian of the right to notice of release and notice of expungement. The state court administrator, in consultation with the commissioner of corrections and the prosecuting authorities, shall prepare a form that outlines the notice of release and notice of expungement provisions under section 611A.06 and describes how a victim should complete and submit a request to the commissioner of corrections or other custodial authority to be informed of an offender's release or submit a request to the prosecuting authorities to be informed of an offender's petition for expungement. The state court administrator shall make these forms available to court administrators who shall assist the court in disseminating right to notice of offender release and notice of expungement information to victims.