Minnesota Legislature
HF 1301
1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:47am
2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 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 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 4.35 4.36 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 5.34 5.35 5.36 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 6.32 6.33 6.34 6.35 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 7.33 7.34 7.35 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 8.34 8.35 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 9.32 9.33 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
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
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 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 15.34 15.35 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 16.34 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 18.35 18.36 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 19.34 19.35 19.36 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 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 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 23.34 23.35 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 24.33 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
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 26.29 26.30 26.31 26.32 26.33 26.34 26.35 26.36 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 27.32 27.33 27.34 27.35 27.36 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 28.33 28.34 28.35 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 29.30 29.31 29.32 29.33 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 30.32 30.33 30.34 30.35 30.36 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 31.31 31.32 31.33 31.34 31.35 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 32.32 32.33 32.34 32.35 32.36 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 33.32 33.33
33.34
33.35 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 34.33 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 35.32 35.33 35.34 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 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 37.32 37.33 37.34 37.35 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 38.34 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 39.31 39.32 39.33 39.34 39.35 39.36 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 40.33 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 41.33 41.34 41.35 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 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 44.34 44.35 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 45.33 45.34 45.35 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 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 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 47.30 47.31 47.32
47.33
47.34 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 48.30
48.31
48.32 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 49.33
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
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50.32
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 51.31 51.32 51.33 51.34 51.35 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 52.33 52.34 52.35 52.36 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 53.32 53.33 53.34 53.35 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 54.33 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 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 56.33 56.34 56.35 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 58.31 58.32
58.33
58.34 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 59.34 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 60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6 61.7
61.8
61.9 61.10 61.11
61.12
A bill for an act
relating to public safety; providing for public safety, courts, and corrections
including requirements for predatory offenders regarding registration, computer
access, and electronic solicitation; crime victims of criminal sexual conduct and
domestic abuse; domestic fatality review teams; public defenders eligibility for
representation, appointment, and reimbursement; courts regarding judges and
evidence from recording equipment in a law enforcement vehicle; driver's license
reinstatement diversion pilot program; corrections regarding probation, pretrial
release, and correctional officers, sentencing, and evidence-based practices
for community supervision; sentencing guidelines; emergency response team;
controlled substances; financial crimes; unsafe recalled toys; animal fighting;
public employer consideration of criminal records in hiring; peace officer and
public safety dispatcher employment; assault on public utility workers; trespass
in police cordoned-off areas; peace officer education; communications regarding
criminal history, background checks, warrant information, CIBRS data, criminal
justice data, and Statewide Radio Board; providing for boards, task forces, and
programs; providing for reports; providing for penalties; amending Minnesota
Statutes 2008, sections 12.03, by adding a subdivision; 13.87, subdivision 1;
122A.18, subdivision 8; 123B.03, subdivision 1; 152.02, subdivisions 6, 12;
243.166, subdivisions 1a, 4, 4b, 6; 244.05, subdivision 6; 246.13, subdivision
2; 253B.141, subdivision 1; 299A.681; 299C.115; 299C.40, subdivisions 1, 2;
299C.46, subdivision 1; 299C.52, subdivisions 1, 3, 4; 299C.53, subdivision 1;
299C.62, subdivision 1; 299C.65, subdivisions 1, 5; 299C.68, subdivision 2;
343.31, subdivision 1; 357.021, subdivision 6; 388.24, subdivision 4; 401.025,
subdivision 1; 401.065, subdivision 3a; 403.36, subdivision 2, by adding a
subdivision; 471.59, by adding subdivisions; 480.23; 484.91, subdivision 1;
491A.03, subdivision 1; 518.165, subdivision 5; 524.5-118, subdivision 2;
609.131, subdivision 1; 609.2231, by adding a subdivision; 609.2232; 609.352,
subdivision 2a; 609.605, subdivision 1; 611.17; 611.18; 611.20, subdivision 3;
611.21; 611.272; 611A.0315, subdivision 1; 626.843, subdivisions 1, 3; 626.845,
subdivision 1; 626.863; 628.69, subdivision 6; 629.34, subdivision 1; 629.341,
subdivision 1; Laws 1999, chapter 216, article 2, section 27, subdivisions 1, as
amended, 3c, as added, 4; proposing coding for new law in Minnesota Statutes,
chapters 12; 244; 260B; 325F; 364; 634; repealing Minnesota Statutes 2008,
sections 260B.199, subdivision 2; 260B.201, subdivision 3; 299C.61, subdivision
8; 299C.67, subdivision 3; 383B.65, subdivision 2; 403.36, subdivision 1f; Laws
2002, chapter 266, section 1, as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PREDATORY OFFENDERS
Section 1.
Minnesota Statutes 2008, section 243.166, subdivision 1a, is amended to
read:
Subd. 1a.
Definitions.
(a) As used in this section, unless the context clearly
indicates otherwise, the following terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal Apprehension.
(c) "Dwelling" means the building where the person lives under a formal or informal
agreement to do so.
(d) "Incarceration" and "confinement" do not include electronic home monitoring.
new text begin
(e) "Instant messaging or chat room" means a program that requires a person to
register or create an account, a user name, or a password to become a member or registered
user of the program and allows members or authorized users to communicate over the
Internet in real time using typed text or voice, including programs associated with online
games, and other online communities. The term does not include an electronic mail
(e-mail) or message board program.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "Law enforcement authority" or "authority" means, with respect to a home
rule charter or statutory city, the chief of police, and with respect to an unincorporated
area, the county sheriff.
deleted text begin (f)deleted text end new text begin (g)new text end "Motor vehicle" has the meaning given in section 169.011, subdivision deleted text begin 92deleted text end new text begin 42new text end .
deleted text begin (g)deleted text end new text begin (h)new text end "Primary address" means the mailing address of the person's dwelling. If
the mailing address is different from the actual location of the dwelling, primary address
also includes the physical location of the dwelling described with as much specificity as
possible.
deleted text begin (h)deleted text end new text begin (i)new text end "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.
deleted text begin (i)deleted text end new text begin (j)new text end "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as
possible.
new text begin
(k) "Social networking Web site" means an Internet Web site that has a primary
purpose of facilitating social interaction between two or more persons for the purposes of
friendship, meeting other persons, or information exchanges, and allows users to create
Web pages or profiles that provide information about themselves and are available publicly
or to other users and that offers a mechanism for communication with other users, such as
a forum, chat room, electronic mail, or instant messaging.
new text end
deleted text begin (j)deleted text end new text begin (l)new text end "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and halfway
houses licensed under chapter 245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United States.
deleted text begin (k)deleted text end new text begin (m)new text end "Work" includes employment that is full time or part time for a period of
time exceeding 14 days or for an aggregate period of time exceeding 30 days during
any calendar year, whether financially compensated, volunteered, or for the purpose of
government or educational benefit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to
predators who are required to register before, on, or after that date.
new text end
Sec. 2.
Minnesota Statutes 2008, section 243.166, subdivision 4, is amended to read:
Subd. 4.
Contents of registration.
(a) The registration provided to the corrections
agent or law enforcement authority, must consist of a statement in writing signed by the
person, giving information required by the bureau, a fingerprint card, and photograph of
the person taken at the time of the person's release from incarceration or, if the person
was not incarcerated, at the time the person initially registered under this section. The
registration information also must include a written consent form signed by the person
allowing a treatment facility or residential housing unit or shelter to release information to
a law enforcement officer about the person's admission to, or residence in, a treatment
facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law
of another state or the United States, in addition to other information required by this
section, the registration provided to the corrections agent or law enforcement authority
must include the person's offense history and documentation of treatment received during
the person's commitment. This documentation is limited to a statement of how far the
person progressed in treatment during commitment.
(c) Within three days of receipt, the corrections agent or law enforcement authority
shall forward the registration information to the bureau. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the area of the
person's primary address, if any, or if the person lacks a primary address, where the person
is staying, as required by subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may require that a person
required to register under this section appear before the agent or authority to be
photographed. The agent or authority shall forward the photograph to the bureau.
(1) Except as provided in clause (2), the agent or authority shall require a person
required to register under this section who is classified as a level III offender under
section 244.052 to appear before the agent or authority at least every six months to be
photographed.
(2) The requirements of this paragraph shall not apply during any period where
the person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.
(e) During the period a person is required to register under this section, the following
provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form
as required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.
(2) The person shall mail the signed verification form back to the bureau within ten
days after receipt of the form, stating on the form the current and last address of the
person's residence and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section, a person who is assigned
to risk level II or III under section 244.052, and who is no longer under correctional
supervision for a registration offense, or a failure to register offense, but who resides,
works, or attends school in Minnesota, shall have an annual in-person contact with a law
enforcement authority as provided in this section. If the person resides in Minnesota, the
annual in-person contact shall be with the law enforcement authority that has jurisdiction
over the person's primary address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota but works or attends school
in this state, the person shall have an annual in-person contact with the law enforcement
authority or authorities with jurisdiction over the person's school or workplace. During
the month of the person's birth date, the person shall report to the authority to verify the
accuracy of the registration information and to be photographed. Within three days of this
contact, the authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person to the
bureau's predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form, or if the person fails to report to the
law enforcement authority during the month of the person's birth date, the person is in
violation of this section.
(5) For any person who fails to mail the completed and signed verification form to
the bureau within ten days after receipt of the form and who has been determined to be
a risk level III offender under section 244.052, the bureau shall immediately investigate
and notify local law enforcement authorities to investigate the person's location and to
ensure compliance with this section. The bureau also shall immediately give notice of the
person's violation of this section to the law enforcement authority having jurisdiction over
the person's last registered address or addresses.
new text begin
(6) Persons required to register under this section and who are also on intensive
supervised release under section 244.05, subdivision 6, shall not access, or create or
maintain a personal Web page, profile, account, password, or user name for: (i) a social
networking Web site; or (ii) an instant messaging or chat room program, that permits
persons under the age of 18 to become a member or to create or maintain a personal
Web page.
new text end
For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four
times each year. For persons who, under section 244.052, are assigned to risk level III and
who are no longer under correctional supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two times each year. For
all other persons required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial registration.
(f) When sending out a verification form, the bureau shall determine whether the
person to whom the verification form is being sent has signed a written consent form
as provided for in paragraph (a). If the person has not signed such a consent form, the
bureau shall send a written consent form to the person along with the verification form.
A person who receives this written consent form shall sign and return it to the bureau
at the same time as the verification form.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end
Sec. 3.
Minnesota Statutes 2008, section 243.166, subdivision 4b, is amended to read:
Subd. 4b.
Health care facility; notice of status.
(a) For the purposes of this
subdivision, "health care facility" means a facility deleted text begin licensed bydeleted text end :
(1) new text begin licensed by new text end 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 144Anew text begin ;
new text end
new text begin (2) registered by the commissioner of health as a housing with services establishment
as defined in section 144D.01new text end ; or
deleted text begin (2)deleted text end new text begin (3) licensed bynew text end 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 developmental
disabilities.
(b) Prior to admission to a health care facility, a person required to register under
this section shall disclose to:
(1) the health care facility employee 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 inpatient 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 shall notify the administrator of the facility and deliver a fact
sheet to the administrator 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end
Sec. 4.
Minnesota Statutes 2008, section 243.166, subdivision 6, is amended to read:
Subd. 6.
Registration period.
(a) Notwithstanding the provisions of section
609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person
required to register under this section shall continue to comply with this section until ten
years have elapsed since the person initially registered in connection with the offense, or
until the probation, supervised release, or conditional release period expires, whichever
occurs later. For a person required to register under this section who is committed under
section 253B.18 or 253B.185, the ten-year registration period does not include the period
of commitment.
(b) If a person required to register under this section fails to provide the person's
primary address as required by subdivision 3, paragraph (b), fails to comply with the
requirements of subdivision 3a, fails to provide information as required by subdivision
4a, or fails to return the verification form referenced in subdivision 4 within ten days,
the commissioner of public safety may require the person to continue to register for an
additional period of five years. This five-year period is added to the end of the offender's
registration period.
(c) If a person required to register under this section is deleted text begin subsequently incarcerated
following a convictiondeleted text end new text begin arrested for any new offenses or any probation, parole, supervised
release, or conditional release violations prior to the end of the person's registration period
and is convicted of and incarceratednew text end for deleted text begin adeleted text end new text begin any new text end new offense or deleted text begin followingdeleted text end new text begin is incarcerated
for new text end a revocation of probation, new text begin parole,new text end supervised release, or conditional release for any
offense, the person shall continue to register until ten years have elapsed since the person
was last released from incarceration or until the person's probation, supervised release, or
conditional release period expires, whichever occurs later.new text begin For the purposes of this section,
incarcerated includes credit for time served prior to the conviction or revocation.
new text end
(d) A person shall continue to comply with this section for the life of that person:
(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any
federal offense similar to the offenses described in subdivision 1b, and the person has a
prior conviction or adjudication for an offense for which registration was or would have
been required under subdivision 1b, or an offense from another state or a federal offense
similar to an offense described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, clause (2), or a similar statute from
another state or the United States;
(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
United States similar to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who is required to register
under the laws of a state in which the person has been previously convicted or adjudicated
delinquent, shall register under this section for the time period required by the state of
conviction or adjudication unless a longer time period is required elsewhere in this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end
Sec. 5.
Minnesota Statutes 2008, section 244.05, subdivision 6, is amended to read:
Subd. 6.
Intensive supervised release.
The commissioner may order that an
inmate be placed on intensive supervised release for all or part of the inmate's supervised
release or parole term if the commissioner determines that the action will further the
goals described in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the
commissioner may order that an inmate be placed on intensive supervised release for all
of the inmate's conditional or supervised release term if the inmate was convicted of
a sex offense under section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was
sentenced under the provisions of section 609.3455, subdivision 3a. The commissioner
shall order that all level III predatory offenders be placed on intensive supervised release
for the entire supervised release, conditional release, or parole term. The commissioner
may impose appropriate conditions of release on the inmate including but not limited to
unannounced searches of the inmate's person, vehicle, deleted text begin ordeleted text end premisesnew text begin , computer, or other
electronic devices capable of accessing the Internetnew text end by an intensive supervision agent;
compliance with court-ordered restitution, if any; random drug testing; house arrest; daily
curfews; frequent face-to-face contacts with an assigned intensive supervision agent;
work, education, or treatment requirements; and electronic surveillance. In addition, any
sex offender placed on intensive supervised release may be ordered to participate in an
appropriate sex offender program as a condition of release. If the inmate violates the
conditions of the intensive supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.3455.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2010, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end
Sec. 6.
Minnesota Statutes 2008, section 609.352, subdivision 2a, is amended to read:
Subd. 2a.
deleted text begin Internet or computerdeleted text end new text begin Electronicnew text end solicitation of children.
A person
18 years of age or older who uses the Internet deleted text begin ordeleted text end new text begin ,new text end a computer, computer program,
computer network, deleted text begin ordeleted text end computer systemnew text begin , an electronic communications system, or a
telecommunications, wire, or radio communications system, or other electronic device
capable of electronic data storage or transmissionnew text end to commit any of the following acts,
with the intent to arouse the sexual desire of any person, is guilty of a felony and may be
sentenced as provided in subdivision 4:
(1) soliciting a child or someone the person reasonably believes is a child to engage
in sexual conduct;
(2) engaging in communication deleted text begin relating to or describing sexual conductdeleted text end with a
child or someone the person reasonably believes is a childnew text begin , relating to or describing
sexual conductnew text end ; or
(3) distributing any material, language, or communication, including a photographic
or video image, that relates to or describes sexual conduct to a child or someone the
person reasonably believes is a child.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end
ARTICLE 2
CRIME VICTIMS
Section 1.
Minnesota Statutes 2008, section 611A.0315, subdivision 1, is amended to
read:
Subdivision 1.
Notice of decision not to prosecute.
(a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
offense, or harassment that the prosecutor has decided to decline prosecution of the case
or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person designated by the
victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, or harassment, a record shall be made
of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the
witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assaultnew text begin , criminal sexual
conduct,new text end or harassment under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without
paying a fee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 2.
Minnesota Statutes 2008, section 629.341, subdivision 1, is amended to read:
Subdivision 1.
Arrest.
Notwithstanding section 629.34 or any other law or rule, a
peace officer may arrest a person anywhere without a warrant, including at the person's
residence, if the peace officer has probable cause to believe that within the preceding
deleted text begin 12deleted text end new text begin 24new text end hours the person has committed domestic abuse, as defined in section 518B.01,
subdivision 2. The arrest may be made even though the assault did not take place in
the presence of the peace officer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 3.
Laws 1999, chapter 216, article 2, section 27, subdivision 1, as amended by
Laws 2000, chapter 468, section 29, is amended to read:
Subdivision 1.
deleted text begin Pilot project authorizeddeleted text end new text begin Domestic fatality review teamsnew text end ; purpose.
deleted text begin The fourthdeleted text end new text begin Anew text end judicial district may establish a domestic fatality review team deleted text begin as a 30-month
pilot projectdeleted text end to review domestic violence deaths that have occurred in the district. The
team may review cases in which prosecution has been completed or the prosecutorial
authority has decided not to pursue the case. The purpose of the review team is to
assess domestic violence deaths in order to develop recommendations for policies and
protocols for community prevention and intervention initiatives to reduce and eliminate
the incidence of domestic violence and resulting fatalities.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 4.
Laws 1999, chapter 216, article 2, section 27, subdivision 3c, as added by Laws
2000, chapter 468, section 32, is amended to read:
Subd. 3c.
Immunity.
Members of the deleted text begin fourth judicial districtdeleted text end domestic fatality
advisory board, members of the domestic fatality review team, and members of each
review panel, as well as their agents or employees, are immune from claims and are
not subject to any suits, liability, damages, or any other recourse, civil or criminal,
arising from any act, proceeding, decision, or determination undertaken or performed or
recommendation made by the domestic fatality review team, provided they acted in good
faith and without malice in carrying out their responsibilities. Good faith is presumed until
proven otherwise and the complainant has the burden of proving malice or a lack of good
faith. No organization, institution, or person furnishing information, data, testimony,
reports, or records to the domestic fatality review team as part of an investigation is civilly
or criminally liable or subject to any other recourse for providing the information.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 5.
Laws 1999, chapter 216, article 2, section 27, subdivision 4, is amended to read:
Subd. 4.
Evaluation and report.
(a) deleted text begin Thedeleted text end new text begin Eachnew text end domestic fatality review team
shall develop a system for evaluating the effectiveness of its program and shall focus on
identifiable goals and outcomes. An evaluation must include data components as well as
input from individuals involved in the review process.
(b) deleted text begin Thedeleted text end new text begin Eachnew text end domestic fatality review team shall issue deleted text begin twodeleted text end new text begin annew text end annual deleted text begin reportsdeleted text end new text begin reportnew text end
to the legislature deleted text begin during the pilot project; one on or before December 31, 2000, and one on
or before December 31, 2001deleted text end . The deleted text begin reportsdeleted text end new text begin report new text end must consist of the written aggregate
recommendations of the domestic fatality review team without reference to specific cases.
deleted text begin The December 31, 2001, report must include recommendations for legislation.deleted text end The deleted text begin reportsdeleted text end
new text begin report new text end must be available upon request and distributed to the governor, attorney general,
supreme court, county board, and district court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Laws 2002, chapter 266, section 1, as amended by Laws 2004, chapter 290, section
38, and Laws 2006, chapter 260, article 5, section 53,
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 July 1, 2009.
new text end
ARTICLE 3
COURTS AND PUBLIC DEFENDER
Section 1.
new text begin
[260B.002] POLICY ON DISPROPORTIONATE MINORITY
CONTACT.
new text end
new text begin
It is the policy of the state of Minnesota to identify and eliminate barriers to racial,
ethnic, and gender fairness within the criminal justice, juvenile justice, corrections, and
judicial systems, in support of the fundamental principle of fair and equitable treatment
under law.
new text end
Sec. 2.
Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
Misdemeanor violations bureaus new text begin in the Fourth
Judicial Districtnew text end shall be established in deleted text begin Minneapolis, a southern suburb location, and at
any other northern and western suburbandeleted text end locations deleted text begin dispersed throughout the county as
may bedeleted text end designated by a majority of the judges of the court.
Sec. 3.
Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:
Subdivision 1.
Judges; referees.
The judges of district court deleted text begin shalldeleted text end new text begin maynew text end serve as
judges of conciliation court. deleted text begin In the Second and Fourth Judicial Districts, a majority of
the judgesdeleted text end new text begin The chief judgenew text end of the district may appoint one or more suitable persons to act
as referees in conciliation court; deleted text begin a majority of the judgesdeleted text end new text begin the chief judgenew text end of the district
shall establish qualifications for the office, specify the duties and length of service of
referees, and fix their compensation deleted text begin not to exceed an amount per day determined by the
chief judge of the judicial districtdeleted 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. 4.
Minnesota Statutes 2008, section 609.131, subdivision 1, is amended to read:
Subdivision 1.
General rule.
Except as provided in subdivision 2, an alleged
misdemeanor violation must be treated as a petty misdemeanor if the prosecuting attorney
believes that it is in the interest of justice that the defendant not be imprisoned if convicted
and certifies that belief to the court at or before the time of arraignment or pretrial
hearing, and the court approves of the certification motion. The defendant's consent to the
certification is deleted text begin notdeleted text end required. When an offense is certified as a petty misdemeanor under
this section, the defendant's eligibility for court-appointed counsel must be evaluated
as though the offense were a new text begin petty new text end misdemeanornew text begin and the defendant will not be eligible
for the appointment of a public defendernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, section 611.17, is amended to read:
611.17 FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT;
STANDARDS FOR DISTRICT PUBLIC DEFENSE ELIGIBILITY.
(a) Each judicial district must screen requests for representation by the district public
defender. A defendant is financially unable to obtain counsel if:
(1) the defendantdeleted text begin , or any dependent of the defendant who resides in the same
household as the defendant, receives means-tested governmental benefits; ordeleted text end new text begin is charged
with a misdemeanor, has no liquid assets, and has an annual income not greater than 150
percent of the poverty guidelines updated periodically in the Federal Register by the
United States Department of Health and Human Services under the authority of United
States Code, title 42, section 9902(2);
new text end
(2)new text begin the defendant is charged with a gross misdemeanor, has no liquid assets, and
has an annual income not greater than 175 percent of the poverty guidelines updated
periodically in the Federal Register by the United States Department of Health and Human
Services under the authority of United States Code, title 42, section 9902(2);
new text end
new text begin
(3) the defendant is charged with a felony, has no liquid assets, and has an annual
income not greater than 200 percent of the poverty guidelines updated periodically in the
Federal Register by the United States Department of Health and Human Services under
the authority of United States Code, title 42, section 9902(2); or
new text end
new text begin (4)new text end the defendant, through any combination of liquid assets and current income,
would be unable to pay the reasonable costs charged by private counsel in that judicial
district for a defense of the same matter.
(b) Upon a request for the appointment of counsel, the court shall make appropriate
inquiry into the financial circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the applicant's assets and liabilities,
including the value of any real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real property, the source or sources
of income, and any other information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to disclose any changes in the
applicant's financial circumstances that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish appropriate forms for the financial
statements. The forms must contain conspicuous notice of the applicant's continuing duty
to disclose to the court changes in the applicant's financial circumstances. The forms must
also contain conspicuous notice of the applicant's obligation to make a co-payment for the
services of the district public defender, as specified under paragraph (c). The information
contained in the statement shall be confidential and for the exclusive use of the court
and the public defender appointed by the court to represent the applicant except for any
prosecution under section 609.48. A refusal to execute the financial statement or produce
financial records constitutes a waiver of the right to the appointment of a public defender.
The court shall not appoint a district public defender to a defendant who is financially able
to retain private counsel but refuses to do so.
An inquiry to determine financial eligibility of a defendant for the appointment of
the district public defender shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may be combined with the
prerelease investigation provided for in Minnesota Rule of Criminal Procedure 6.02,
subdivision 3. In no case shall the district public defender be required to perform this
inquiry or investigate the defendant's assets or eligibility. The court has the sole duty to
conduct a financial inquiry. The inquiry must include the following:
(1) the liquidity of real estate assets, including the defendant's homestead;
(2) any assets that can be readily converted to cash or used to secure a debt;
(3) the determination of whether the transfer of an asset is voidable as a fraudulent
conveyance; and
(4) the value of all property transfers occurring on or after the date of the alleged
offense. The burden is on the accused to show that he or she is financially unable to afford
counsel. Defendants who fail to provide information necessary to determine eligibility
shall be deemed ineligible. The court must not appoint the district public defender as
advisory counsel.
(c) Upon disposition of the case, an individual who has received public defender
services shall pay to the court a $28 co-payment for representation provided by a public
defender, unless the co-payment is, or has been, waived by the court.
The co-payment must be credited to the general fund. If a term of probation is
imposed as a part of an offender's sentence, the co-payment required by this section must
not be made a condition of probation. The co-payment required by this section is a civil
obligation and must not be made a condition of a criminal sentence.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 6.
Minnesota Statutes 2008, section 611.18, is amended to read:
611.18 APPOINTMENT OF PUBLIC DEFENDER.
If it appears to a court that a person requesting the appointment of counsel satisfies
the requirements of this chapter, the court shall order the appropriate public defender to
represent the person deleted text begin at all further stages of the proceeding through appeal, if anydeleted text end . For a
person appealing from a conviction, or a person pursuing a postconviction proceeding
and who has not already had a direct appeal of the conviction, according to the standards
of sections 611.14new text begin , clause (2),new text end and 611.25, subdivision 1, paragraph (a), clause (2), the
deleted text begin statedeleted text end new text begin chief appellatenew text end public defender shall be appointed. For a person covered by section
611.14, clause (1), new text begin (3), or (4), new text end a district public defender shall be appointed to represent
that person. deleted text begin If (a) conflicting interests exist, (b) the district public defender for any other
reason is unable to act, or (c) the interests of justice require, the state public defender
may be ordered to represent a person. When the state public defender is directed by a
court to represent a defendant or other person, the state public defender may assign the
representation to any district public defender.deleted text end If at any stage of the proceedingsdeleted text begin , including
an appeal,deleted text end the court finds that the defendant is financially unable to pay counsel whom the
defendant had retained, the court may appoint the appropriate public defender to represent
the defendant, as provided in this section. Prior to any court appearance, a public defender
may represent a person accused of violating the law, who appears to be financially unable
to obtain counsel, and shall continue to represent the person unless it is subsequently
determined that the person is financially able to obtain counsel. The representation may
be made available at the discretion of the public defender, upon the request of the person
or someone on the person's behalf. Any law enforcement officer may notify the public
defender of the arrest of any such person.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 7.
Minnesota Statutes 2008, section 611.20, subdivision 3, is amended to read:
Subd. 3.
Reimbursement.
In each fiscal year, the commissioner of finance shall
deposit the payments in the general fund and credit them to a separate account with the
Board of Public Defense. The amount credited to this account is appropriated to the Board
of Public Defensenew text begin , except that reimbursements collected in the Fourth Judicial District
shall be returned to Hennepin County to offset the county's contribution to pay for the
public defender system under section 611.26, subdivision 3a, paragraph (c)new text end .
The balance of this account does not cancel but is available until expended.
Expenditures by the board from this account for each judicial district public defense office
must be based on the amount of the payments received by the state from the courts in
each judicial district. A district public defender's office that receives money under this
subdivision shall use the money to supplement office overhead payments to part-time
attorneys providing public defense services in the district. By January 15 of each year,
the Board of Public Defense shall report to the chairs and ranking minority members of
the senate and house of representatives divisions having jurisdiction over criminal justice
funding on the amount appropriated under this subdivision, the number of cases handled
by each district public defender's office, the number of cases in which reimbursements
were ordered, the average amount of reimbursement ordered, and the average amount of
money received by part-time attorneys under this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 8.
Minnesota Statutes 2008, section 611.21, is amended to read:
611.21 SERVICES OTHER THAN COUNSEL.
(a) deleted text begin Counseldeleted text end new text begin For purposes of this section, "counsel" means a public defendernew text end
appointed by the court for an indigent defendant, or new text begin an attorney who is working for a
public defense corporation under section 611.216 and is new text end representing a defendant who, at
the outset of the prosecution, has an annual income not greater than 125 percent of the
poverty line established under United States Code, title 42, section 9902(2)deleted text begin ,deleted text end new text begin .
new text end
new text begin (b) Counselnew text end may file an ex parte application requesting investigative, expert, or other
services necessary to an adequate defense in the case. Upon finding, after appropriate
inquiry in an ex parte proceeding, that the services are necessary and that the defendant is
financially unable to obtain them, the court shall authorize counsel to obtain the services
on behalf of the defendant. The court may establish a limit on the amount which may
be expended or promised for such services. The court may, in the interests of justice,
and upon a finding that timely procurement of necessary services could not await prior
authorization, ratify such services after they have been obtained, but such ratification shall
be given only in unusual situations. The court shall determine reasonable compensation
for the services and direct payment by the county in which the prosecution originated, to
the organization or person who rendered them, upon the filing of a claim for compensation
supported by an affidavit specifying the time expended, services rendered, and expenses
incurred on behalf of the defendant, and the compensation received in the same case or for
the same services from any other source.
deleted text begin (b)deleted text end new text begin (c)new text end The compensation to be paid to a person for such service rendered to a
defendant under this section, or to be paid to an organization for such services rendered by
an employee, may not exceed $1,000, exclusive of reimbursement for expenses reasonably
incurred, unless payment in excess of that limit is certified by the court as necessary to
provide fair compensation for services of an unusual character or duration and the amount
of the excess payment is approved by the chief judge of the district. The chief judge of the
judicial district may delegate approval authority to an active district judge.
deleted text begin (c)deleted text end new text begin (d)new text end If the court denies authorizing counsel to obtain services on behalf of the
defendant, the court shall make written findings of fact and conclusions of law that state
the basis for determining that counsel may not obtain services on behalf of the defendant.
When the court issues an order denying counsel the authority to obtain services, the
defendant may appeal immediately from that order to the Court of Appeals and may
request an expedited hearing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 9.
new text begin
[634.36] EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
RECORDINGS.
new text end
new text begin
In any hearing or trial of a criminal offense or petty misdemeanor or proceeding
pursuant to section 169A.53, subdivision 3, evidence of a videotape, audiotape, or
electronic or digital recording prepared by a peace officer, using recording equipment in a
law enforcement vehicle while in the performance of official duties, shall not be excluded
on the ground that a written transcript of the recording was not prepared and available at
or prior to trial. As used in this section, "peace officer" has the meaning given in section
169A.03, subdivision 18.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, and applies to trials and
hearings beginning on or after that date.
new text end
Sec. 10. new text begin LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
An eligible city may establish a license reinstatement
diversion pilot program for holders of class D drivers' licenses who have been charged
with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet
entered a plea in the proceedings. An individual charged with driving after revocation
under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if
the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797;
169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual
who is a holder of a commercial driver's license or who has committed an offense in a
commercial motor vehicle is ineligible for participation in the diversion pilot program.
new text end
new text begin Subd. 2. new text end
new text begin Eligible cities. new text end
new text begin
Each of the cities of Duluth, St. Paul, South St. Paul,
West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
diversion pilot program within its city.
new text end
new text begin Subd. 3. new text end
new text begin Contract. new text end
new text begin
Notwithstanding any law or ordinance to the contrary, an
eligible city may contract with a third party to create and administer the diversion program.
new text end
new text begin Subd. 4. new text end
new text begin Diversion of individual. new text end
new text begin
A prosecutor for a participating city may
determine whether to accept an individual for diversion, and in doing so shall consider:
new text end
new text begin
(1) whether the individual has a record of driving without a valid license or other
criminal record, or has previously participated in a diversion program;
new text end
new text begin
(2) the strength of the evidence against the individual, along with any mitigating
factors; and
new text end
new text begin
(3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
new text end
new text begin new text end new text begin new text end
new text begin Subd. 5. new text end
new text begin Diversion driver's license. new text end
new text begin
(a) Notwithstanding any law to the contrary,
the commissioner of public safety may issue a diversion driver's license to a person who
is a participant in a pilot program for diversion, following receipt of an application and
payment of:
new text end
new text begin
(1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
new text end
new text begin
(2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
new text end
new text begin
(3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
new text end
new text begin
The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to assure the safe operation of a motor
vehicle by the licensee.
new text end
new text begin
(b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
applied first toward payment of the reinstatement fee, and after the reinstatement fee has
been fully paid, toward payment of the surcharge. Each payment that is applied toward
the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
(c) and (d).
new text end
new text begin Subd. 6. new text end
new text begin Components of program. new text end
new text begin
(a) At a minimum, the diversion program
must require individuals to:
new text end
new text begin
(1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
new text end
new text begin
(2) pay, according to a schedule approved by the prosecutor, all required fees,
fines, and charges, including applicable statutory license reinstatement fees and costs
of participation in the program;
new text end
new text begin
(3) comply with all traffic laws; and
new text end
new text begin
(4) demonstrate compliance with vehicle insurance requirements.
new text end
new text begin
(b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
new text end
new text begin Subd. 7. new text end
new text begin Termination of participation in diversion program. new text end
new text begin
(a) An individual's
participation in the diversion program may terminate when:
new text end
new text begin
(1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
new text end
new text begin
(2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
new text end
new text begin
(3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program including, at a minimum, satisfactory fulfillment of the components in subdivision
6, whereupon the court shall dismiss the charge or the prosecutor shall decline to prosecute.
new text end
new text begin
(b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
new text end
new text begin
(c) The original charge against the individual of a violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
new text end
new text begin
(d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
new text end
new text begin Subd. 8. new text end
new text begin Report. new text end
new text begin
(a) By February 1, 2011, the commissioner of public safety and
each eligible city that participates in the diversion program shall report to the legislative
committees with jurisdiction over transportation and the judiciary concerning the results
of the program. The report must include, without limitation, the effect of the program on:
new text end
new text begin
(1) recidivism rates for participants in the diversion pilot program;
new text end
new text begin
(2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
new text end
new text begin
(3) payment of the fees and fines collected in the diversion pilot program to cities,
counties, and the state;
new text end
new text begin
(4) educational support provided to participants in the diversion pilot program; and
new text end
new text begin
(5) the total number of participants in the diversion pilot program and the number of
participants who have terminated from the pilot program under subdivision 7, paragraph
(a), clauses (1) to (3).
new text end
new text begin
(b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
new text end
new text begin Subd. 9. new text end
new text begin Sunset. new text end
new text begin
The pilot project under this section expires June 30, 2011.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, section 383B.65, subdivision 2,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
CORRECTIONS AND SENTENCING GUIDELINES
Section 1.
new text begin
[244.1951] COURT-ORDERED PROBATION OR PRETRIAL
RELEASE; SEARCHES AUTHORIZED.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
The purpose of this section is to assist probation officers
and pretrial release agents in monitoring compliance with the conditions imposed on
persons placed upon court-ordered probation or pretrial release.
new text end
new text begin Subd. 2. new text end
new text begin Condition of release. new text end
new text begin
A court may condition the release of a person placed
upon court-ordered probation or pretrial release on the person's stipulation to submit
to warrantless searches of the person or vehicle or any portion of a premises under the
person's control by, or at the direction of, any probation officer or pretrial release agent
for the purpose of determining compliance with the person's conditions of probation
or pretrial release.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 2.
Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:
Subd. 6.
Surcharges on criminal and traffic offenders.
(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.
(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.
(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.
(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the deleted text begin commissioner of financedeleted text end new text begin court administrator or other entity collecting the
surcharge imposed by the courtnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, and applies to
surcharges collected by the chief executive officer of a correctional facility on or after
that date.
new text end
Sec. 3.
Minnesota Statutes 2008, 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 deleted text begin in the countydeleted text end or any probation officernew text begin in the
statenew text end serving the district and juvenile courts deleted text begin of the countydeleted text end to detain and bring the person
before the court or the commissioner, whichever is appropriate, for disposition. 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 anew text begin peace officer ornew text end probation
officer serving the district and juvenile courts deleted text begin of the countydeleted text end 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 thenew text begin peace officer ornew text end 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 deleted text begin in the
countydeleted text end or any probation officer serving the district and juvenile courts deleted text begin of the countydeleted text end 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 July 1, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision
to read:
new text begin Subd. 12b. new text end
new text begin Correctional officers. new text end
new text begin
If there is an agreement, merger, or consolidation
between two or more local correctional or detention facilities, a correctional officer who
becomes employed by a new entity created by the agreement, merger, or consolidation
must receive credit for accumulated vacation and sick leave time earned by the correctional
officer during the officer's employment with a governmental unit immediately preceding
the creation of the new entity. If a correctional officer working pursuant to an agreement,
merger, or consolidation becomes employed by the new entity, the correctional officer is
considered to have begun employment with the new entity on the first day of employment
with the governmental unit employing the correctional officer immediately preceding the
creation of the new entity and must be credited with all previously accumulated vacation
and sick leave time.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, section 609.2232, is amended to read:
609.2232 CONSECUTIVE SENTENCES FOR ASSAULTS COMMITTED BY
STATE PRISON INMATES.
If an inmate of a state correctional facility is convicted of violating section 609.221,
609.222, 609.223, 609.2231, or 609.224, while confined in the facility, the sentence
imposed for the assault shall be executed and new text begin shall new text end run consecutivelynew text begin , not concurrently,new text end
to any unexpired portion of the offender's earlier sentence. The inmate is not entitled to
credit against the sentence imposed for the assault for time served in confinement for the
earlier sentence. The inmate shall serve the sentence for the assault in a state correctional
facility even if the assault conviction was for a misdemeanor or gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009, and applies to offenses
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:
Subdivision 1.
Peace officers.
(a) A peace officer, as defined in section 626.84,
subdivision 1, clause (c), who is on or off duty within the jurisdiction of the appointing
authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
629.40, may arrest a person without a warrant as provided under paragraph (c).
(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d),
who is on duty within the jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person
without a warrant as provided under paragraph (c).
(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
or (b) to make an arrest without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted in the officer's presence;
(2) when the person arrested has committed a felony, although not in the officer's
presence;
(3) when a felony has in fact been committed, and the officer has reasonable cause
for believing the person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the commission of a felony by
the person arrested;
(5) under the circumstances described in clause (2), (3), or (4), when the offense is a
gross misdemeanor violation of section 609.52, 609.595, 609.631, 609.749, or 609.821; deleted text begin ordeleted text end
(6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of a restraining order or no contact order previously issued by a
courtdeleted text begin .deleted text end new text begin ; ornew text end
new text begin
(7) under the circumstances described in clause (2), (3), or (4), when the offense is
a gross misdemeanor violation of section 609.485 and the person arrested is a juvenile
committed to the custody of the commissioner of corrections.
new text end
(d) To make an arrest authorized under this subdivision, the officer may break open
an outer or inner door or window of a dwelling house if, after notice of office and purpose,
the officer is refused admittance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
persons escaping from custody on or after that date.
new text end
Sec. 7. new text begin SENTENCING GUIDELINES COMMISSION; CONSOLIDATION OF
REPORTS.
new text end
new text begin
The Sentencing Guidelines Commission may consolidate legislatively mandated
reports to achieve administrative efficiencies or fiscal savings or to reduce the burden of
reporting requirements. The Sentencing Guidelines Commission may not eliminate a
legislatively mandated reporting requirement without prior legislative approval.
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. 8. new text begin STUDY OF EVIDENCE-BASED PRACTICES IN MINNESOTA;
REPORT TO THE LEGISLATURE.
new text end
new text begin Subdivision 1. new text end
new text begin Direction. new text end
new text begin
The Department of Correction's Minnesota Information
and Supervision Services Committee's Evidence-Based Practices Policy Team shall
undertake an assessment of the use of evidence-based practices for community supervision
in Minnesota and opportunities for greater implementation of evidence-based practices.
new text end
new text begin Subd. 2. new text end
new text begin Subject matter. new text end
new text begin
(a) The policy team must review, assess, and make
specific recommendations with regard to the following areas:
new text end
new text begin
(1) implementation of evidence-based practices intended to reduce recidivism;
new text end
new text begin
(2) improvement of policies and practices for crime victims;
new text end
new text begin
(3) establishment of an earned compliance credit program;
new text end
new text begin
(4) performance measures for community supervision agencies;
new text end
new text begin
(5) potential performance incentives for community supervision agencies; and
new text end
new text begin
(6) any other topic related to evidence-based practices that the committee deems
appropriate for inclusion.
new text end
new text begin
(b) In assessing the topics listed in paragraph (a), the policy team must address
the following:
new text end
new text begin
(1) the extent to which evidence-based practices are currently used in Minnesota;
new text end
new text begin
(2) fiscal barriers to further implementation of evidence-based practices;
new text end
new text begin
(3) structural barriers to further implementation of evidence-based practices;
new text end
new text begin
(4) statutory barriers to further implementation of evidence-based practices;
new text end
new text begin
(5) potential solutions that address the identified barriers; and
new text end
new text begin
(6) any other factor that the committee deems necessary to fully assess the state
of evidence-based practices in Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Report to legislature. new text end
new text begin
The policy team shall report its findings
and recommendations to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over criminal justice
policy and funding by January 15, 2011.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 9. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 260B.199, subdivision 2; and 260B.201,
subdivision 3,
new text end
new text begin
are repealed.
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 5
PUBLIC SAFETY
Section 1.
Minnesota Statutes 2008, section 12.03, is amended by adding a subdivision
to read:
new text begin Subd. 9b. new text end
new text begin Specialized emergency response team. new text end
new text begin
"Specialized emergency
response team" means a team that has been approved by the state director of the Division
of Homeland Security and Emergency Management for the purpose of supplementing
state or local resources for responding to an emergency or disaster.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 2.
new text begin
[12.351] SPECIALIZED EMERGENCY RESPONSE TEAM.
new text end
new text begin
The state director of the Division of Homeland Security and Emergency Management
shall determine if, in response to an emergency or disaster, activation of a specialized
emergency response team for deployment to any political subdivision is in the public
interest. If so, the state director may activate a team. When activated by the state director,
team members not employed by any political subdivision struck by the emergency or
disaster are deemed employees of the state for purposes of workers' compensation and tort
claim defense and indemnification. The provisions of chapter 176 and other applicable
statutes must be followed for purposes of calculating workers' compensation benefits.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 3.
Minnesota Statutes 2008, section 152.02, subdivision 6, is amended to read:
Subd. 6.
Schedule V; restrictions on methamphetamine precursor drugs.
(a) As
used in this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or
preparation intended for human consumption containing ephedrine or pseudoephedrine as
its sole active ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not
include the sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit; or
(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
100 grams; and
(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages of a
methamphetamine precursor drug or a combination of methamphetamine precursor drugs
or any combination of packages exceeding a total weight of six grams.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or
more methamphetamine precursor drugs, calculated in terms of ephedrine base or
pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not
more than two dosage units, or, if the use of blister packs is not technically feasible, sales
in unit dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs
in an over-the-counter sale shall ensure that all packages of the drugs are displayed
behind a checkout counter where the public is not permitted and are offered for sale only
by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
establishment shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name
of the buyer, and the amount of the drug sold.
new text begin
A document described under clause (2) must be retained by the establishment for
at least five years and must at all reasonable times be open to the inspection of any law
enforcement agency.
new text end
Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.
(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor
drug to a person under the age of 18 years. It is an affirmative defense to a charge under
this paragraph if the defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that
offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
penalties for violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and
(2) documents that an employee training program was in place to provide the
employee or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid form; or
(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
shall certify methamphetamine precursor drugs that meet the requirements of paragraph
(k), clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections 151.42 to 151.51 and registered with and regulated by the United
States Drug Enforcement Administration are exempt from the methamphetamine precursor
drug storage requirements of this section.
(n) This section preempts all local ordinances or regulations governing the sale
by a business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 152.02, subdivision 12, is amended to read:
Subd. 12.
Coordination of controlled substance regulation with federal lawnew text begin and
state statutenew text end .
If any substance is designated, rescheduled, or deleted as a controlled
substance under federal law and notice thereof is given to the state Board of Pharmacy, the
state Board of Pharmacy shall similarly control the substance under this chapter, after the
expiration of 30 days from publication in the Federal Register of a final order designating
a substance as a controlled substance or rescheduling or deleting a substance. Such order
shall be filed with the secretary of state. If within that 30-day period, the state Board of
Pharmacy objects to inclusion, rescheduling, or deletion, it shall publish the reasons for
objection and afford all interested parties an opportunity to be heard. At the conclusion of
the hearing, the state Board of Pharmacy shall publish its decision, which shall be subject
to the provisions of chapter 14.
In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be subject to the provisions of chapter 14. The state Board of Pharmacy shall provide
copies of any proposed rule under this chapter to the advisory council on controlled
substances at least 30 days prior to any hearing required by section 14.14, subdivision 1.
The state Board of Pharmacy shall consider the recommendations of the advisory council
on controlled substances, which may be made prior to or at the hearing.
new text begin
The state Board of Pharmacy shall annually submit a report to the legislature on or
before December 1 that specifies what changes the board made to the controlled substance
schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
the preceding 12 months. The report must include specific recommendations for amending
the controlled substance schedules contained in subdivisions 2 to 6, so that they conform
with the controlled substance schedules maintained by the board in Minnesota Rules,
parts 6800.4210 to 6800.4250.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, section 299A.681, is amended to read:
299A.681 FINANCIAL CRIMES deleted text begin OVERSIGHT COUNCILdeleted text end new text begin ADVISORY
BOARD new text end AND TASK FORCE.
Subdivision 1.
deleted text begin Oversight councildeleted text end new text begin Advisory boardnew text end .
The Minnesota Financial
Crimes deleted text begin Oversight Councildeleted text end new text begin Advisory Board new text end shall provide deleted text begin guidancedeleted text end new text begin advice to the
commissioner of public safety new text end related to the investigation and prosecution of identity
theft and financial crime.
Subd. 2.
Membership.
The deleted text begin oversight councildeleted text end new text begin advisory board new text end consists of the
following individuals, or their designees:
(1) the commissioner of public safety;
(2) the attorney general;
(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association
deleted text begin from police departments that participate in the Minnesota Financial Crimes Task Forcedeleted text end ;
(4) two sheriffs, selected by the Minnesota Sheriffs Association deleted text begin from sheriff
departments that participate in the task forcedeleted text end ;
(5) the United States attorney for the district of Minnesota;
(6) a county attorney, selected by the Minnesota County Attorneys Association;
deleted text begin
(7) a representative from the United States Postal Inspector's Office, selected by the
oversight council;
deleted text end
deleted text begin
(8) a representative from a not-for-profit retail merchants industry, selected by the
oversight council;
deleted text end
deleted text begin
(9) a representative from a not-for-profit banking and credit union industry, selected
by the oversight council;
deleted text end
deleted text begin
(10) a representative from a not-for-profit association representing senior citizens,
selected by the oversight council;
deleted text end
new text begin
(7) a representative from the Board of Public Defense, selected by that board;
new text end
new text begin
(8) a representative from a federal law enforcement agency, selected by the advisory
board;
new text end
new text begin
(9) a representative from the retail merchants industry, selected by the advisory
board;
new text end
new text begin
(10) a representative from the banking and credit union industry, selected by the
advisory board;
new text end
new text begin
(11) a representative on behalf of senior citizens, selected by the advisory board;
new text end
deleted text begin (11)deleted text end new text begin (12)new text end the statewide commander of the task force;
deleted text begin
(12) a representative from the Board of Public Defense, selected by the board;
deleted text end
(13) two additional members selected by the deleted text begin oversight councildeleted text end new text begin advisory boardnew text end ;
(14) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and
(15) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house.
The deleted text begin oversight councildeleted text end new text begin advisory boardnew text end may adopt procedures to govern its conduct and
shall select a chair from among its members. The legislative members of the deleted text begin councildeleted text end new text begin
advisory boardnew text end may not vote on matters before the deleted text begin councildeleted text end new text begin boardnew text end .
Subd. 3.
Duties.
The deleted text begin oversight council shall developdeleted text end new text begin advisory board shall offer
advice to the commissioner on the development ofnew text end an overall strategy to ameliorate the
harm caused to the public by identity theft and financial crime within Minnesota. The
strategy may include the development of protocols and procedures to investigate financial
crimes and a structure for best addressing these issues new text begin on a statewide basis and new text end in a
multijurisdictional manner. deleted text begin Additionally, the oversight councildeleted text end new text begin The commissionernew text end shall:
(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force
to investigate major financial crimes;
(2) new text begin with advice from the advisory board, new text end select a statewide commander of the task
force who serves at the pleasure of the deleted text begin oversight councildeleted text end new text begin commissionernew text end ;
(3) deleted text begin assist the Department of Public Safety in developingdeleted text end new text begin developnew text end an objective grant
review application process that is free from conflicts of interest;
(4) deleted text begin make funding recommendations to the commissioner of public safety ondeleted text end new text begin with
advice from the advisory board, issuenew text end grants to support efforts to combat identity theft
and financial crime;
(5) new text begin with advice from the advisory board, new text end assist law enforcement agencies and victims
in developing a process to collect and share information to improve the investigation and
prosecution of identity theft and financial crime;
(6) new text begin with advice from the advisory board, new text end develop and approve an operational budget
for the office of the statewide commander and the deleted text begin oversight councildeleted text end new text begin Minnesota Financial
Crimes Task Forcenew text end ; and
(7) enter into any contracts necessary to establish and maintain a relationship with
retailers, financial institutions, and other businesses to deal effectively with identity theft
and financial crime.
The task force described in clause (1) may consist of members from local law enforcement
agencies, federal law enforcement agencies, state and federal prosecutors' offices, deleted text begin the
Board of Public Defense,deleted text end and representatives from deleted text begin elderly victims,deleted text end retailnew text begin businessesnew text end ,
financial institutions, and not-for-profit organizations.
Subd. 4.
Statewide commander.
(a) deleted text begin The Minnesota Financial Crimes Task Force
commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition
of that task force into the task force described in subdivision 3 and remain in place as its
commander until July 1, 2008. On that date,deleted text end The commissioner of public safety shall
appoint deleted text begin asdeleted text end new text begin anew text end statewide commander deleted text begin the individual selected by the oversight council under
subdivision 3deleted text end .
(b) The commander shall:
(1) coordinate and monitor all multijurisdictional identity theft and financial crime
enforcement activities;
(2) facilitate local efforts and ensure statewide coordination with efforts to combat
identity theft and financial crime;
(3) facilitate training for law enforcement and other personnel;
(4) monitor compliance with investigative protocols;
(5) implement an outcome evaluation and data quality control process;
(6) be responsible for the selection and for cause removal of assigned task force
investigators who are designated participants under a memorandum of understanding or
who receive grant funding;
(7) provide supervision of assigned task force investigators;
(8) submit a task force operational budget to the deleted text begin oversight councildeleted text end new text begin commissioner of
public safety new text end for approval; and
(9) submit quarterly task force activity reports to the deleted text begin oversight councildeleted text end new text begin advisory
boardnew text end .
Subd. 5.
Participating officers; employment status.
All law enforcement officers
selected to participate in the task force must be licensed peace officers as defined in section
626.84, subdivision 1, or qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same entity that employed them
before joining any multijurisdictional entity established under this section. Participating
officers are not employees of the state.
Subd. 6.
Jurisdiction and powers.
Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of arrest as those possessed
by a sheriff. deleted text begin The task force shall retain from its predecessor the assigned originating
reporting number for case reporting purposes.
deleted text end
Subd. 7.
Grants authorized.
The commissioner of public safety, deleted text begin upon
recommendation of the oversight councildeleted text end new text begin with advice from the advisory boardnew text end , shall
make grants to state and local units of government to combat identity theft and financial
crime. The commander, as funding permits, may prepare a budget to establish four
regional districts and funding grant allocations programs outside the counties of Hennepin,
Ramsey, Anoka, Washington, and Dakota. The budget must be reviewed and approved by
the deleted text begin oversight council and recommended to thedeleted text end commissioner to support these efforts.
Subd. 8.
Victims assistance program.
(a) The deleted text begin oversight councildeleted text end new text begin commissionernew text end
may establish a victims' assistance program to assist victims of economic crimes and
provide prevention and awareness programs. The deleted text begin oversight councildeleted text end new text begin commissionernew text end may
retain the services of not-for-profit organizations to assist in the development and delivery
systems in aiding victims of financial crime. The program may not provide any financial
assistance to victims, but may assist victims in obtaining police assistance and advise
victims in how to protect personal accounts and identities. Services may include a victim
toll-free telephone number, fax number, Web site, Monday through Friday telephone
service, e-mail response, and interfaces to other helpful Web sites. Victims' information
compiled are governed under chapter 13.
(b) The deleted text begin oversight councildeleted text end new text begin commissionernew text end may post or communicate through public
service announcements in newspapers, radio, television, cable access, billboards, Internet,
Web sites, and other normal advertising channels, a financial reward of up to $2,000 for
tips leading to the apprehension and successful prosecution of individuals committing
economic crime. All rewards must deleted text begin meet the oversight council's standardsdeleted text end new text begin be approved by
the commissionernew text end . The release of funds must be made to an individual whose information
leads to the apprehension and prosecution of offenders committing economic or financial
crimes against citizens or businesses in Minnesota. All rewards paid to an individual must
be reported to the Department of Revenue along with the individual's Social Security
number.
Subd. 9.
deleted text begin Oversight councildeleted text end new text begin Advisory boardnew text end and task force are permanent.
Notwithstanding section 15.059, this section does not expire.
Subd. 10.
Funding.
The deleted text begin oversight councildeleted text end new text begin commissionernew text end may accept lawful grants
and in-kind contributions from any federal, state, or local source or legal business or
individual not funded by this section for general operation support, including personnel
costs. These grants or in-kind contributions are not to be directed toward the case of a
particular victim or business. The deleted text begin oversight council'sdeleted text end new text begin task force'snew text end fiscal agent shall handle
all funds approved by the deleted text begin oversight councildeleted text end new text begin commissionernew text end , including in-kind contributions.
Subd. 11.
Forfeiture.
Property seized by the task force is subject to forfeiture
pursuant to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be
established. The deleted text begin councildeleted text end new text begin task forcenew text end shall receive the proceeds from the sale of all property
properly seized and forfeited.
deleted text begin Subd. 12. deleted text end
deleted text begin Transfer equipment from current task force. deleted text end
deleted text begin
All equipment possessed
by the task force described in Minnesota Statutes 2004, section 299A.68, is transferred to
the oversight council for use by the task force described in this section.
deleted text end
Subd. 13.
Report required.
By February 1 of each year, the deleted text begin oversight councildeleted text end new text begin
commissionernew text end shall report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal
justice policy and funding on the activities of the deleted text begin council anddeleted text end task force. At a minimum,
this annual report must include:
(1) a description of the deleted text begin council's anddeleted text end task force's goals for the previous year and
for the coming year;
(2) a description of the outcomes the deleted text begin council anddeleted text end task force achieved or did not
achieve during the preceding year and a description of the outcomes they will seek to
achieve during the coming year;
(3) any legislative recommendations the deleted text begin council or task forcedeleted text end new text begin advisory board or
commissionernew text end has including, where necessary, a description of the specific legislation
needed to implement the recommendations;
(4) a detailed accounting of how appropriated money, grants, and in-kind
contributions were spent; and
(5) a detailed accounting of the grants awarded under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 6.
Minnesota Statutes 2008, section 299C.40, subdivision 2, is amended to read:
Subd. 2.
Purpose.
CIBRS is a statewide system containing data from law
enforcement agencies. Data in CIBRS must be made available to law enforcement
agencies deleted text begin in orderdeleted text end tonew text begin :
new text end
new text begin (1)new text end prepare a case against a person, whether known or unknown, for the commission
of a crime or other offense for which the agency has investigative authoritydeleted text begin , or for
purposes ofdeleted text end new text begin ;
new text end
new text begin
(2) serve process in a criminal case;
new text end
new text begin
(3) inform law enforcement officers of possible safety issues prior to service of
process;
new text end
new text begin
(4) enforce no contact orders;
new text end
new text begin
(5) locate missing persons; or
new text end
new text begin (6) conductnew text end background investigations required by section 626.87.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 7.
new text begin
[325F.135] UNSAFE RECALLED TOYS; PROHIBITION ON SALE.
new text end
new text begin
(a) No commercial retailer shall sell in this state a toy that the commercial retailer
knows at the time of the sale has been recalled for any safety-related reason by an agency
of the federal government or by the toy's manufacturer, wholesaler, distributor, or importer.
new text end
new text begin
(b) For purposes of this section, "toy" means an item designed primarily for the
purpose of play activity by children under the age of 12 years and "recalled" excludes
corrective actions that involve safety alerts, parts replacement, or consumer repairs.
new text end
new text begin
(c) This section shall be enforced under sections 325F.14 to 325F.16.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to
violations occurring on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2008, section 343.31, subdivision 1, is amended to read:
Subdivision 1.
Penalty for animal fighting; attending animal fight.
(a) Whoever
does any of the following is guilty of a felony:
(1) promotes, engages in, or is employed in the activity of cockfighting, dogfighting,
or violent pitting of one pet or companion animal as defined in section 346.36 , subdivision
6, against another of the same or a different kind;
(2) receives money for the admission of a person to a place used, or about to be
used, for that activity;
(3) willfully permits a person to enter or use for that activity premises of which the
permitter is the owner, agent, or occupant; or
(4) uses, trains, or possesses a dog or other animal for the purpose of participating
in, engaging in, or promoting that activity.
(b) Whoever purchases a ticket of admission or otherwise gains admission to the
activity of cockfighting, dogfighting, or violent pitting of one pet or companion animal as
defined in section 346.36, subdivision 6, against another of the same or a different kind is
guilty of a gross misdemeanor.
new text begin
(c) Whoever possesses any device or substance with intent to use or permit the use
of the same to enhance an animal's ability to fight is guilty of a gross misdemeanor.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end This subdivision shall not apply to the taking of a wild animal by hunting.
Sec. 9.
new text begin
[364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF CRIMINAL
RECORDS.
new text end
new text begin
(a) A public employer may not inquire into or consider the criminal record or
criminal history of an applicant for public employment until the applicant has been
selected for an interview by the employer.
new text end
new text begin
(b) This section does not apply to the Department of Corrections or to public
employers who have a statutory duty to conduct a criminal history background check
or otherwise take into consideration a potential employee's criminal history during the
hiring process.
new text end
new text begin
(c) This section does not prohibit a public employer from notifying applicants that
law or the employer's policy will disqualify an individual with a particular criminal history
background from employment in particular positions.
new text end
Sec. 10.
Minnesota Statutes 2008, section 471.59, is amended by adding a subdivision
to read:
new text begin Subd. 12a. new text end
new text begin Joint exercise of police power; employees. new text end
new text begin
If an agreement,
merger, or consolidation authorizes the exercise of peace officer or police powers by an
officer appointed by one of the governmental units within the jurisdiction of the other
governmental unit, a peace officer or public safety dispatcher, working pursuant to or as a
result of that agreement, merger, or consolidation, must receive credit for accumulated
vacation and sick leave time earned within the governmental unit employing the peace
officer or public safety dispatcher immediately preceding the agreement, merger, or
consolidation. If a peace officer or public safety dispatcher working pursuant to an
agreement, merger, or consolidation becomes employed by the new entity, that peace
officer or public safety dispatcher is considered to have begun employment with the new
entity on the first day of employment by the governmental unit employing the peace
officer or public safety dispatcher immediately preceding the creation of the new entity
and must be credited with all previously accumulated vacation and sick leave time.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2009.
new text end
Sec. 11.
Minnesota Statutes 2008, section 609.2231, is amended by adding a
subdivision to read:
new text begin Subd. 8. new text end
new text begin Public utility employees and contractors. new text end
new text begin
(a) A person is guilty of a
gross misdemeanor who:
new text end
new text begin
(1) assaults an employee or contractor of a utility while the employee or contractor
is engaged in the performance of the employee's or contractor's duties;
new text end
new text begin
(2) knows that the victim is a utility employee or contractor (i) performing duties of
the victim's employment or (ii) fulfilling the victim's contractual obligations; and
new text end
new text begin
(3) inflicts demonstrable bodily harm.
new text end
new text begin
(b) As used in this subdivision, "utility" has the meaning given it in section 609.594,
subdivision 1, clause (3).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:
Subdivision 1.
Misdemeanor.
(a) The following terms have the meanings given
them for purposes of this section.
(1) "Premises" means real property and any appurtenant building or structure.
(2) "Dwelling" means the building or part of a building used by an individual as a
place of residence on either a full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home as defined in section
168.002, subdivision 16.
(3) "Construction site" means the site of the construction, alteration, painting, or
repair of a building or structure.
(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
person on whose behalf a building or dwelling is being constructed, altered, painted, or
repaired and the general contractor or subcontractor engaged in that work.
(5) "Posted," as used:
(i) in paragraph (b), clause (9), means the placement of a sign at least 11 inches
square in a conspicuous place on the exterior of the building that is under construction,
alteration, or repair, and additional signs in at least two conspicuous places for each ten
acres being protected. The sign must carry an appropriate notice and the name of the
person giving the notice, followed by the word "owner" if the person giving the notice
is the holder of legal title to the land on which the construction site is located or by the
word "occupant" if the person giving the notice is not the holder of legal title but is a
lawful occupant of the land; and
(ii) in paragraph (b), clause (10), means the placement of signs that:
(A) state "no trespassing" or similar terms;
(B) display letters at least two inches high;
(C) state that Minnesota law prohibits trespassing on the property; and
(D) are posted in a conspicuous place and at intervals of 500 feet or less.
(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
of a building trades labor or management organization.
(7) "Building" has the meaning given in section 609.581, subdivision 2.
(b) A person is guilty of a misdemeanor if the person intentionally:
(1) permits domestic animals or fowls under the actor's control to go on the land
of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
designate a point of a boundary, line or a political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without claim of right, refuses to
depart from the premises on demand of the lawful possessor;
(4) occupies or enters the dwelling or locked or posted building of another, without
claim of right or consent of the owner or the consent of one who has the right to give
consent, except in an emergency situation;
(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
vegetables growing on the premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or private cemetery without
authorization during hours the cemetery is posted as closed to the public;
(7) returns to the property of another with the intent to abuse, disturb, or cause
distress in or threaten another, after being told to leave the property and not to return, if the
actor is without claim of right to the property or consent of one with authority to consent;
(8) returns to the property of another within one year after being told to leave the
property and not to return, if the actor is without claim of right to the property or consent
of one with authority to consent;
(9) enters the locked or posted construction site of another without the consent of the
owner or lawful possessor, unless the person is a business licensee; deleted text begin or
deleted text end
(10) enters the locked or posted aggregate mining site of another without the consent
of the owner or lawful possessor, unless the person is a business licenseedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(11) crosses into or enters any public or private area lawfully cordoned off by or at
the direction of a peace officer engaged in the performance of official duties. As used in
this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or other
means conspicuously placed and identifying the area as being restricted by the police;
and (ii) "peace officer" has the meaning given in section 626.84, subdivision 1. It is an
affirmative defense to a charge under this clause that a peace officer permitted entry into
the restricted area.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:
Subdivision 1.
Rules required.
The board shall adopt rules with respect to:
(1) the certification of deleted text begin peace officer training schools, programs, or courses including
training schools for the Minnesota State Patrol. Such schools, programs and courses
shall include those administered by the state, county, school district, municipality, or
joint or contractual combinations thereof, and shall include preparatory instruction in
law enforcement and minimum basic training coursesdeleted text end new text begin postsecondary schools to provide
programs of professional peace officer educationnew text end ;
(2) minimum courses of studydeleted text begin , attendance requirements,deleted text end and equipment and facilities
to be required at each certified deleted text begin peace officers trainingdeleted text end school deleted text begin locateddeleted text end within the state;
(3) minimum qualifications for new text begin coordinators and new text end instructors at certified deleted text begin peace officer
trainingdeleted text end schools new text begin offering a program of professional peace officer education new text end located within
this state;
(4) minimum standards of physical, mental, and educational fitness which shall
govern the deleted text begin recruitmentdeleted text end new text begin admission to professional peace officer education programs new text end and
new text begin the new text end 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) new text begin board-approved continuing education courses that ensure professional
competence of peace officers and part-time peace officers;
new text end
new text begin (6) new text end 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;
deleted text begin
(6) minimum basic training which peace officers appointed to temporary or
probationary terms shall complete before being eligible for permanent appointment,
and the time within which such basic training must be completed following any such
appointment to a temporary or probationary term;
deleted text end
deleted text begin
(7) minimum specialized training which part-time peace officers shall complete in
order to be eligible for continued employment as a part-time peace officer or permanent
employment as a peace officer, and the time within which the specialized training must
be completed;
deleted text end
deleted text begin (8) content of minimum basic training courses required of graduates of certified law
enforcement training schools or programs. Such courses shall not duplicate the content
of certified academic or general background courses completed by a student but shall
concentrate on practical skills deemed essential for a peace officer. Successful completion
of such a coursedeleted text end new text begin (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 new text end shall be deemed deleted text begin satisfactiondeleted text end new text begin satisfactory for
the completion new text end of the minimum basic training requirement;
deleted text begin
(9) grading, reporting, attendance and other records, and certificates of attendance
or accomplishment;
deleted text end
deleted text begin
(10) the procedures to be followed by a part-time peace officer for notifying
the board of intent to pursue the specialized training for part-time peace officers who
desire to become peace officers pursuant to clause (7), and section 626.845, subdivision
1, clause (7);
deleted text end
deleted text begin (11)deleted text end new text begin (8) new text end the establishment and use by any political subdivision or state law
enforcement agency deleted text begin whichdeleted text end new text begin that new text end 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;
deleted text begin (12)deleted text end new text begin (9) new text end 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;
deleted text begin (13)deleted text end new text begin (10) new text end 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;
deleted text begin (14)deleted text end new text begin (11) new text end citizenship requirements for deleted text begin full-timedeleted text end new text begin peace officers new text end and part-time peace
officers;
deleted text begin (15)deleted text end new text begin (12) new text end driver's license requirements for deleted text begin full-timedeleted text end new text begin peace officers new text end and part-time
peace officers; and
deleted text begin (16)deleted text end new text begin (13) new text end 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 EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 14.
Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:
Subd. 3.
Board authority.
The board may, in addition:
(1) recommend studies, surveys, and reports to be made by the executive director
regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;
(2) visit and inspect any deleted text begin peace officer trainingdeleted text end new text begin certified new text end school deleted text begin approved by the
executive directordeleted text end new text begin that offers the professional peace officer education program new text end or for
which application for deleted text begin such approvaldeleted text end new text begin certification new text end has been made;
(3) make recommendations, from time to time, to the executive director, attorney
general, and the governor regarding the carrying out of the objectives and purposes of
sections 626.841 to 626.863;
(4) perform such other acts as may be necessary or appropriate to carry out the
powers and duties of the board deleted text begin as set forth indeleted text end new text begin under new text end sections 626.841 to 626.863; new text begin and
new text end
(5) cooperate with and receive financial assistance from and join in projects or
enter into contracts with the federal government or its agencies for the furtherance of
the purposes of Laws 1977, chapter 433.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 15.
Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:
Subdivision 1.
Powers and duties.
The board shall have the following powers
and duties:
(1) to certify deleted text begin peace officers' training schools or programs administered by state,
county and municipalities located within this state in whole or in part no later than 90
days after receipt of an application for certification. The reasons for noncertification of
any school or program or part thereof shall be transmitted to the school within 90 days
and shall contain a detailed explanation of the reasons for which the school or program
was disapproved and an explanation of what supporting material or other requirements
are necessary for the board to reconsider. Disapproval of a school or program shall
not preclude the reapplication for certification of the school or programdeleted text end new text begin postsecondary
schools to provide programs of professional peace officer education based on a set of
board-approved professional peace officer education learning objectivesnew text end ;
(2) to issue certificates to new text begin postsecondary new text end schools, and to revoke deleted text begin suchdeleted text end certification
when necessary to maintain the objectives and purposes of sections 626.841 to 626.863;
deleted text begin
(3) to certify, as qualified, instructors at peace officer training schools, and to issue
appropriate certificates to such instructors;
deleted text end
deleted text begin (4)deleted text end new text begin (3) new text end to license peace officers who have deleted text begin satisfactorily completed certified
basic training programs,deleted text end new text begin met the education and experience requirements new text end and passed
examinations as required by the board;
new text begin
(4) to develop and administer licensing examinations based on the board's learning
objectives;
new text end
deleted text begin
(5) to cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal peace officer training schools;
deleted text end
deleted text begin (6)deleted text end new text begin (5)new text end to consult and cooperate with deleted text begin state, county, and municipal peace officer
training schoolsdeleted text end new text begin continuing education providers new text end for the development of in-service training
programs for peace officers;
deleted text begin (7)deleted text end new text begin (6) new text end to consult and cooperate with deleted text begin universities, colleges, and technical collegesdeleted text end
new text begin postsecondary schools new text end for the development deleted text begin of specialized courses of instruction and study
in the state for peace officers and part-time peace officers in police science and police
administrationdeleted text end new text begin and improvement of professional peace officer educationnew text end ;
deleted text begin (8)deleted text end new text begin (7) new text end to consult and cooperate with other departments and agencies of the state and
federal government concerned with peace officer standards and training;
deleted text begin (9)deleted text end new text begin (8) new text end to perform such other acts as may be necessary and appropriate to carry out
the powers and duties deleted text begin as set forth in the provisionsdeleted text end of sections 626.841 to 626.863;
deleted text begin
(10) to coordinate the provision, on a regional basis, of skills oriented basic training
courses to graduates of certified law enforcement training schools or programs;
deleted text end
deleted text begin (11)deleted text end new text begin (9) new text end to obtain criminal conviction data for persons seeking a license to be issued
or possessing a license issued by the board. The board shall have authority to obtain
criminal conviction data to the full extent that any other law enforcement agency, as that
term is defined by state or federal law, has to obtain the data;
deleted text begin (12)deleted text end new text begin (10) new text end to prepare and transmit annually to the governor a report of its activities
with respect to allocation of deleted text begin moneysdeleted text end new text begin money new text end appropriated to it for peace officers training,
including the name deleted text begin and addressdeleted text end of each recipient of money for that purposedeleted text begin ,deleted text end new text begin and new text end the
amount awardeddeleted text begin , and the purpose of the awarddeleted text end ; and
deleted text begin (13)deleted text end new text begin (11) new text end to assist and cooperate with any political subdivision or state law
enforcement agency deleted text begin whichdeleted text end new text begin that new text end employs persons licensed by the board to establish written
deleted text begin procedures for the investigation and resolution of allegations of misconduct ofdeleted text end new text begin policies as
mandated by the state pertaining to new text end persons licensed by the board, and to enforce licensing
sanctions for failure to implement deleted text begin such proceduresdeleted text end new text begin these policiesnew text end .
In addition, the board may maintain data received from law enforcement agencies
under section 626.87, subdivision 5, provide the data to requesting law enforcement
agencies who are conducting background investigations, and maintain data on applicants
and licensees as part of peace officer license data. The data that may be maintained
include the name of the law enforcement agency conducting the investigation and data on
the candidate provided under section 626.87, subdivision 5, clauses (1) and (2).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 16.
Minnesota Statutes 2008, section 626.863, is amended to read:
626.863 UNAUTHORIZED PRACTICE.
(a) A person who is not a peace officer or part-time peace officer is guilty of a
misdemeanor if the person: (1) makes a representation of being a peace officer or part-time
peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved
by law for licensed peace officers and part-time peace officers.
(b) new text begin A peace officer who authorizes or knowingly allows a person to violate paragraph
(a) is guilty of a misdemeanor.
new text end
new text begin (c) new text end The board shall designate the appropriate law enforcement agency to investigate
violations of this section. The attorney general shall prosecute violations of this section.
new text begin
(d) A person who violates this section and who has previously been convicted of a
violation of this section is guilty of a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end
Sec. 17. new text begin STATE BOARD OF PHARMACY; REPORT TO THE LEGISLATURE.
new text end
new text begin
As part of the 2009 report to the legislature mandated by Minnesota Statutes,
section 152.02, subdivision 12, the state Board of Pharmacy shall specify all instances
where the controlled substance schedules contained in Minnesota Rules, parts 6800.4210
to 6800.4250, differ from the controlled substance schedules contained in Minnesota
Statutes, section 152.02, subdivisions 2 to 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
ARTICLE 6
EMERGENCY COMMUNICATIONS
Section 1.
Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:
Subdivision 1.
Criminal history data.
(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension deleted text begin and disseminated through
the criminal justice information system,deleted text end including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.
(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. If an individual's name
or other identifying information is erroneously associated with a criminal history and a
determination is made through a fingerprint verification that the individual is not the
subject of the criminal history, the name or other identifying information must be redacted
from the public criminal history data. The name and other identifying information must be
retained in the criminal history and are classified as private data.
The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.
(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 2.
Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:
Subd. 8.
Background checks.
(a) The Board of Teaching and the commissioner
of education must request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
jurisdiction. An application for a license under this section must be accompanied by:
(1) an executed criminal history consent form, including fingerprints; and
(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
(b) The superintendent of the Bureau of Criminal Apprehension shall perform
the background check required under paragraph (a) by retrieving criminal history data
deleted text begin maintained in the criminal justice information system computersdeleted text end new text begin as defined in section
13.87 new text end and shall also conduct a search of the national criminal records repositorydeleted text begin , including
the criminal justice data communications networkdeleted text end . The superintendent is authorized to
exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal
history check. The superintendent shall recover the cost to the bureau of a background
check through the fee charged to the applicant under paragraph (a).
(c) The Board of Teaching or the commissioner of education may issue a license
pending completion of a background check under this subdivision, but must notify
the individual that the individual's license may be revoked based on the result of the
background check.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 3.
Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:
Subdivision 1.
Background check required.
(a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and
on all individuals, except enrolled student volunteers, who are offered the opportunity to
provide athletic coaching services or other extracurricular academic coaching services to a
school, regardless of whether any compensation is paid. In order for an individual to be
eligible for employment or to provide the services, the individual must provide an executed
criminal history consent form and a money order or check payable to either the Bureau of
Criminal Apprehension or the school hiring authority, at the discretion of the school hiring
authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension
and the school district of conducting the criminal history background check. A school
hiring authority deciding to receive payment may, at its discretion, accept payment in the
form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. The superintendent of the Bureau of Criminal Apprehension shall conduct the
background check by retrieving criminal history data deleted text begin maintained in the criminal justice
information system computersdeleted text end new text begin as defined in section 13.87new text end . A school hiring authority,
at its discretion, may decide not to request a criminal history background check on an
individual who holds an initial entrance license issued by the State Board of Teaching or
the commissioner of education within the 12 months preceding an offer of employment.
(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:
(1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;
(2) the other school hiring authority conducted a criminal background check within
the previous 12 months;
(3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and
(4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.
(c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority decides to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.
(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.
(e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 4.
Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:
Subd. 2.
Definitions; risk assessment and management.
(a) As used in this
section:
(1) "appropriate and necessary medical and other records" includes patient medical
records and other protected health information as defined by Code of Federal Regulations,
title 45, section 164.501, relating to a patient in a state-operated services facility including,
but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent
to the patient's ongoing care, treatment, or placement in a community-based treatment
facility or a health care facility that is not operated by state-operated services, and
includes information describing the level of risk posed by a patient when the patient
enters the facility;
(2) "community-based treatment" means the community support services listed in
section 253B.02, subdivision 4b;
(3) "criminal history data" means those data maintained or used by the Departments
of Corrections and Public Safety and by the supervisory authorities listed in section
13.84, subdivision 1, that relate to an individual's criminal history or propensity for
violence, including data in the Corrections Offender Management System (COMS) and
Statewide Supervision System (S3) maintained by the Department of Corrections; deleted text begin the
Criminal Justice Information System (CJIS)deleted text end new text begin criminal history data as defined in section
13.87, integrated search service as defined in section 13.873,new text end and the Predatory Offender
Registration (POR) system maintained by the Department of Public Safetydeleted text begin ; and the
CriMNet systemdeleted text end ;
(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;
(5) "law enforcement agency" means the law enforcement agency having primary
jurisdiction over the location where the offender expects to reside upon release;
(6) "predatory offender" and "offender" mean a person who is required to register as
a predatory offender under section 243.166; and
(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.
(b) To promote public safety and for the purposes and subject to the requirements of
this paragraph, the commissioner or the commissioner's designee shall have access to, and
may review and disclose, medical and criminal history data as provided by this section, as
necessary to comply with Minnesota Rules, part 1205.0400:
(1) to determine whether a patient is required under state law to register as a
predatory offender according to section 243.166;
(2) to facilitate and expedite the responsibilities of the special review board and
end-of-confinement review committees by corrections institutions and state treatment
facilities;
(3) to prepare, amend, or revise the abuse prevention plans required under section
626.557, subdivision 14, and individual patient treatment plans required under section
253B.03, subdivision 7;
(4) to facilitate the custody, supervision, and transport of individuals transferred
between the Department of Corrections and the Department of Human Services; or
(5) to effectively monitor and supervise individuals who are under the authority of
the Department of Corrections, the Department of Human Services, and the supervisory
authorities listed in section 13.84, subdivision 1.
(c) The state-operated services treatment facility must make a good faith effort
to obtain written authorization from the patient before releasing information from the
patient's medical record.
(d) If the patient refuses or is unable to give informed consent to authorize the
release of information required above, the chief executive officer for state-operated
services shall provide the appropriate and necessary medical and other records. The chief
executive officer shall comply with the minimum necessary requirements.
(e) The commissioner may have access to the National Crime Information Center
(NCIC) database, through the Department of Public Safety, in support of the law
enforcement functions described in paragraph (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 5.
Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:
Subdivision 1.
Report of absence.
(a) If a patient committed under this chapter or
detained under a judicial hold is absent without authorization, and either: (1) does not
return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is
considered by the head of the treatment facility to be a danger to self or others, then the
head of the treatment facility shall report the absence to the local law enforcement agency.
The head of the treatment facility shall also notify the committing court that the patient is
absent and that the absence has been reported to the local law enforcement agency. The
committing court may issue an order directing the law enforcement agency to transport the
patient to an appropriate facility.
(b) Upon receiving a report that a patient subject to this section is absent without
authorization, the local law enforcement agency shall enter information on the patient
deleted text begin through the criminal justice information systemdeleted text end into the missing persons file of the
National Crime Information Center computer according to the missing persons practices.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 6.
Minnesota Statutes 2008, section 299C.115, is amended to read:
299C.115 WARRANT INFORMATION PROVIDED TO STATE.
(a) By January 1, 1996, every county shall, in the manner provided in either clause
(1) or (2), make warrant information available to other users of the deleted text begin Minnesota criminal
justice information systemdeleted text end new text begin criminal justice data communications network as defined
in section 299C.46new text end :
(1) the county shall enter the warrant information in the warrant file deleted text begin of the Minnesota
criminal justice information systemdeleted text end new text begin maintained by the Bureau of Criminal Apprehension
in the Department of Public Safetynew text end ; or
(2) the county, at no charge to the state, shall make the warrant information that
is maintained in the county's computer accessible by means of a single query deleted text begin to the
Minnesota criminal justice information systemdeleted text end new text begin made through the Bureau of Criminal
Apprehension in the Department of Public Safetynew text end .
(b) As used in this section, "warrant information" means information on all
outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and
juveniles that are issued within the county.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 7.
Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this
section.
(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehensiondeleted text begin ,
Criminal Justice Information Systems Sectiondeleted text end . A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, the Department of Corrections Fugitive Apprehension
Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 8.
Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:
Subdivision 1.
Establishment; interconnection.
The commissioner of public
safety shall establish a criminal justice data communications network which will enable
the interconnection of the criminal justice agencies within the state deleted text begin into a unified criminal
justice information systemdeleted text end . The commissioner of public safety is authorized to lease
or purchase facilities and equipment as may be necessary to establish and maintain the
data communications network.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 9.
Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in sections 299C.52 to 299C.56, the following
terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or
known to be mentally incompetent.
deleted text begin
(b) "CJIS" means Minnesota criminal justice information system.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end "Missing" means the status of a child after a law enforcement agency that
has received a report of a missing child has conducted a preliminary investigation and
determined that the child cannot be located.
deleted text begin (d)deleted text end new text begin (c)new text end "NCIC" means National Crime Information Center.
deleted text begin (e)deleted text end new text begin (d)new text end "Endangered" means that a law enforcement official has received sufficient
evidence that the child is with a person who presents a threat of immediate physical injury
to the child or physical or sexual abuse of the child.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 10.
Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:
Subd. 3.
Computer equipment and programs.
The commissioner shall provide
the necessary computer hardware and computer programs to enter, modify, and cancel
information on missing children in the NCIC computer deleted text begin through the CJISdeleted text end . These programs
must provide for search and retrieval of information using the following identifiers:
physical description, name and date of birth, name and Social Security number, name
and driver's license number, vehicle license number, and vehicle identification number.
The commissioner shall also provide a system for regional, statewide, multistate, and
nationwide broadcasts of information on missing children. These broadcasts shall be
made by local law enforcement agencies where possible or, in the case of statewide or
nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local
law enforcement agency.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 11.
Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:
Subd. 4.
Authority to enter or retrieve information.
Only law enforcement
agencies may enter missing child information deleted text begin through the CJISdeleted text end into the NCIC computer or
retrieve information deleted text begin through the CJISdeleted text end from the NCIC computer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 12.
Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:
Subdivision 1.
Investigation and entry of information.
Upon receiving a report
of a child believed to be missing, a law enforcement agency shall conduct a preliminary
investigation to determine whether the child is missing. If the child is initially determined
to be missing and endangered, the agency shall immediately consult the Bureau of
Criminal Apprehension during the preliminary investigation, in recognition of the fact
that the first two hours are critical. If the child is determined to be missing, the agency
shall immediately enter identifying and descriptive information about the child deleted text begin through
the CJISdeleted text end into the NCIC computer. Law enforcement agencies having direct access to deleted text begin the
CJIS anddeleted text end the NCIC computer shall enter and retrieve the data directly and shall cooperate
in the entry and retrieval of data on behalf of law enforcement agencies which do not
have direct access to the systems.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 13.
Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:
Subdivision 1.
Generally.
The superintendent shall develop procedures to enable a
children's service provider to request a background check to determine whether a children's
service worker is the subject of any reported conviction for a background check crime.
The superintendent shall perform the background check by retrieving and reviewing data
on background check crimes deleted text begin maintained in the CJIS computersdeleted text end . The superintendent is
authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of a criminal history check. The superintendent shall recover the cost of a background
check through a fee charged the children's service provider.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 14.
Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:
Subdivision 1.
Membership, duties.
(a) The Criminal and Juvenile Justice
Information Policy Group consists of the commissioner of corrections, the commissioner
of public safety, the state chief information officer, the commissioner of finance, four
members of the judicial branch appointed by the chief justice of the Supreme Court,
and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task
Force. The policy group may appoint additional, nonvoting members as necessary from
time to time.
(b) The commissioner of public safety is designated as the chair of the policy group.
The commissioner and the policy group have overall responsibility for the deleted text begin successful
completiondeleted text end new text begin integrationnew text end of statewide criminal justice information deleted text begin system integration
(CriMNet)deleted text end new text begin systems. This integration effort shall be known as CriMNetnew text end . The policy group
may hire an executive director to manage the CriMNet projects and to be responsible for
the day-to-day operations of CriMNet. The executive director shall serve at the pleasure
of the policy group in unclassified service. The policy group must ensure that generally
accepted project management techniques are utilized for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management;
(8) proven methodology; and
(9) education and training.
(c) Products and services for CriMNet project management, system design,
implementation, and application hosting must be acquired using an appropriate
procurement process, which includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification of potential sources;
(3) competitive bid solicitation, evaluation, and selection; and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations to the governor, the
Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information systems, including the
development and maintenance of a community data model for state, county, and local
criminal justice information;
(2) the responsibilities of each entity within the criminal and juvenile justice systems
concerning the collection, maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) actions necessary to ensure that information maintained in the criminal justice
information systems is accurate and up-to-date;
(4) the development of an information system containing criminal justice
information on gross misdemeanor-level and felony-level juvenile offenders that is part of
the integrated criminal justice information system framework;
(5) the development of an information system containing criminal justice
information on misdemeanor arrests, prosecutions, and convictions that is part of the
integrated criminal justice information system framework;
(6) comprehensive training programs and requirements for all individuals in criminal
justice agencies to ensure the quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in criminal justice agencies
who are responsible for the collection, maintenance, dissemination, and sharing of
criminal justice data;
(8) a periodic audit process to ensure the quality and accuracy of information
contained in the criminal justice information systems;
(9) the equipment, training, and funding needs of the state and local agencies that
participate in the criminal justice information systems;
(10) the impact of integrated criminal justice information systems on individual
privacy rights;
(11) the impact of proposed legislation on the criminal justice system, including any
fiscal impact, need for training, changes in information systems, and changes in processes;
(12) the collection of data on race and ethnicity in criminal justice information
systems;
(13) the development of a tracking system for domestic abuse orders for protection;
(14) processes for expungement, correction of inaccurate records, destruction of
records, and other matters relating to the privacy interests of individuals; and
(15) the development of a database for extended jurisdiction juvenile records and
whether the records should be public or private and how long they should be retained.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 15.
Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:
Subd. 5.
Review of funding and grant requests.
(a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The
policy group shall review the requests for compatibility to statewide criminal justice
information system standards. The review shall be forwarded to the chairs and ranking
minority members of the house of representatives and senate committees and divisions
with jurisdiction over criminal justice funding and policy.
(b) The deleted text begin CriMNet program officedeleted text end new text begin executive directornew text end , in consultation with the
Criminal and Juvenile Justice Information Task Force and with the approval of the policy
group, shall create the requirements for any grant request and determine the integration
priorities for the grant period. The deleted text begin CriMNet program officedeleted text end new text begin executive directornew text end shall also
review the requests submitted for compatibility to statewide criminal justice information
systems standards.
(c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.
(d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all applicants within each grant offering. The policy group shall adopt policies concerning
the use of in-kind resources to satisfy the match requirement and the sources from which
matching funds may be obtained. Local operational or technology staffing costs may be
considered as meeting this match requirement. Each grant recipient shall certify to the
policy group that it has not reduced funds from local, county, federal, or other sources
which, in the absence of the grant, would have been made available to the grant recipient
to improve or integrate criminal justice technology.
(e) All grant recipients shall submit to the deleted text begin CriMNet program officedeleted text end new text begin executive
directornew text end all requested documentation including grant status, financial reports, and a final
report evaluating how the grant funds improved the agency's criminal justice integration
priorities. The deleted text begin CriMNet program officedeleted text end new text begin executive directornew text end shall establish the recipient's
reporting dates at the time funds are awarded.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 16.
Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:
Subd. 2.
Procedures.
The superintendent shall develop procedures to enable an
owner to request a background check to determine whether a manager is the subject of
a reported conviction for a background check crime. The superintendent shall perform
the background check by retrieving and reviewing data on background check crimes
deleted text begin maintained in the CJIS computersdeleted text end . The superintendent shall notify the owner in writing
of the results of the background check. If the manager has resided in Minnesota for
less than ten years or upon request of the owner, the superintendent shall also either:
(1) conduct a search of the national criminal records repository, including the criminal
justice data communications network; or (2) conduct a search of the criminal justice data
communications network records in the state or states where the manager has resided
for the preceding ten years. The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of the criminal history check.
The superintendent shall recover the cost of a background check through a fee charged
to the owner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 17.
Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:
Subd. 4.
Reporting of data to deleted text begin criminal justice information system (CJIS)deleted text end new text begin
Bureau of Criminal Apprehensionnew text end .
Effective August 1, 1997, every county attorney who
establishes a diversion program under this section shall report the following information
to the Bureau of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text begin of the Minnesota Criminal Justice
Information Systemdeleted text end new text begin as defined in section 13.87new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 18.
Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:
Subd. 3a.
Reporting of data to deleted text begin criminal justice information system (CJIS)deleted text end new text begin
Bureau of Criminal Apprehensionnew text end .
(a) Every county attorney who establishes a
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text begin of the Minnesota criminal justice
information systemdeleted text end new text begin as defined in section 13.87new text end .
(b) Effective August 1, 1997, the reporting requirements of this subdivision shall
apply to misdemeanor offenses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 19.
Minnesota Statutes 2008, section 403.36, is amended by adding a subdivision
to read:
new text begin Subd. 1g. new text end
new text begin State Interoperability Executive Committee. new text end
new text begin
(a) In addition to
responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
Minnesota's State Interoperability Executive Committee.
new text end
new text begin
(b) As Minnesota's State Interoperability Executive Committee, the Statewide
Radio Board shall:
new text end
new text begin
(1) develop and maintain a statewide plan for local and private public safety
communications interoperability that integrates with the Minnesota emergency operation
plan;
new text end
new text begin
(2) develop and adopt guidelines and operational standards for local and private
public safety communications interoperability within Minnesota;
new text end
new text begin
(3) promote coordination and cooperation among local, state, federal, and
tribal public safety agencies in addressing statewide public safety communications
interoperability within Minnesota;
new text end
new text begin
(4) advise the commissioner of the Department of Public Safety on public safety
communications interoperability and on the allocation and use of funds made available to
Minnesota to support public safety communications interoperability;
new text end
new text begin
(5) to the extent permitted by federal law, Federal Communications Commission
regulations, and the National Telecommunications and Information Administration,
develop guidelines and standards for the efficient use of interoperability frequencies on all
frequency spectrums assigned to public safety users; and
new text end
new text begin
(6) to the extent permitted by federal law and treaties with Canada, develop
guidelines and standards that support interoperability with adjoining states and provinces
of Canada along Minnesota's northern border.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 20.
Minnesota Statutes 2008, section 403.36, subdivision 2, is amended to read:
Subd. 2.
Plan contents.
(a) The statewide, shared radio and communication system
project plan must include:
(1) standards, guidelines, and comprehensive design for the system, including use
and integration of existing public and private communications infrastructure;
(2) proposed project implementation schedule, phases, and estimated costs for each
phase of the plan;
(3) recommended statutory changes required for effective implementation and
administration of the statewide, shared trunked radio and communication system; deleted text begin and
deleted text end
new text begin
(4) an interoperability committee to make recommendations on the statewide plan
for local and private public safety communications interoperability and on guidelines and
operational standards necessary to promote public safety communications interoperability
within Minnesota; and
new text end
deleted text begin (4)deleted text end new text begin (5)new text end a policy for the lease of excess space or capacity on systems constructed under
the project plan, consistent with section 174.70, subdivision 2, with priority given first to
local units of government for public safety communication transmission needs and second
to any other communications transmission needs of either the public or private sector.
(b) The Statewide Radio Board must ensure that generally accepted project
management techniques are utilized for each project or phase of the backbone of the
statewide, shared radio and communication system consistent with guidelines of the
Project Management Office of the Office of Enterprise Technology:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 21.
Minnesota Statutes 2008, section 480.23, is amended to read:
480.23 COMPUTER ACQUISITION BY COURTS.
In order to facilitate the effective management and coordination of the Minnesota
courts system, an appropriate official of any court or of a local governmental unit in
providing services to any court, if authorized by the state court administrator and with the
concurrence of the contracting vendor, may acquire electronic data processing equipment
or services through an existing contract originated by the Supreme Court. The state court
administrator shall grant this authority only pursuant to the implementation of justice
information systems compatible with systems deleted text begin participating on the Minnesota Criminal
Justice Information Systems Communications Networkdeleted text end administered by the new text begin Bureau of
Criminal Apprehension in the new text end Department of Public Safety.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 22.
Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:
Subd. 5.
Procedure, criminal history, and maltreatment records background
study.
(a) When the court requests a background study under subdivision 4, paragraph
(a), the request shall be submitted to the Department of Human Services through the
department's electronic online background study system.
(b) When the court requests a search of the National Criminal Records Repository,
the court must provide a set of classifiable fingerprints of the subject of the study on a
fingerprint card provided by the commissioner of human services.
(c) The commissioner of human services shall provide the court with deleted text begin informationdeleted text end new text begin
criminal history data as defined in section 13.87new text end from the Bureau of Criminal
deleted text begin Apprehension's Criminal Justice Information Systemdeleted text end new text begin Apprehension in the Department of
Public Safetynew text end , other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of a minor under section 626.556, and
substantiated maltreatment of a vulnerable adult under section 626.557, within 15
working days of receipt of a request. If the subject of the study has been determined by
the Department of Human Services or the Department of Health to be the perpetrator
of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the
response must include a copy of the public portion of the investigation memorandum
under section 626.556, subdivision 10f, or the public portion of the investigation
memorandum under section 626.557, subdivision 12b. When the background study shows
that the subject has been determined by a county adult protection or child protection
agency to have been responsible for maltreatment, the court shall be informed of the
county, the date of the finding, and the nature of the maltreatment that was substantiated.
The commissioner shall provide the court with information from the National Criminal
Records Repository within three working days of the commissioner's receipt of the data.
When the commissioner finds no criminal history or substantiated maltreatment on a
background study subject, the commissioner shall make these results available to the court
electronically through the secure online background study system.
(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision
12b, if the commissioner or county lead agency has information that a person on whom
a background study was previously done under this section has been determined to be a
perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
may provide this information to the court that requested the background study.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 23.
Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:
Subd. 2.
Procedure; criminal history and maltreatment records background
check.
(a) The court shall request the commissioner of human services to complete a
background study under section 245C.32. The request must be accompanied by the
applicable fee and the signed consent of the subject of the study authorizing the release of
the data obtained to the court. If the court is requesting a search of the National Criminal
Records Repository, the request must be accompanied by a set of classifiable fingerprints
of the subject of the study. The fingerprints must be recorded on a fingerprint card
provided by the commissioner of human services.
(b) The commissioner of human services shall provide the court with deleted text begin informationdeleted text end new text begin
criminal history data as defined in section 13.87new text end from the Bureau of Criminal
deleted text begin Apprehension's criminal justice information systemdeleted text end new text begin Apprehension in the Department of
Public Safetynew text end , other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of vulnerable adults under section 626.557
and substantiated maltreatment of minors under section 626.556 within 15 working days
of receipt of a request. If the subject of the study has been the perpetrator of substantiated
maltreatment of a vulnerable adult or minor, the response must include a copy of the
public portion of the investigation memorandum under section 626.557, subdivision
12b, or the public portion of the investigation memorandum under section 626.556,
subdivision 10f. If the court did not request a search of the National Criminal Records
Repository and information from the Bureau of Criminal Apprehension indicates that the
subject is a multistate offender or that multistate offender status is undetermined, the
response must include this information. The commissioner shall provide the court with
information from the National Criminal Records Repository within three working days
of the commissioner's receipt of the data.
(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
the commissioner of human services or a county lead agency has information that a person
on whom a background study was previously done under this section has been determined
to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the
county may provide this information to the court that requested the background study. The
commissioner may also provide the court with additional criminal history or substantiated
maltreatment information that becomes available after the background study is done.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 24.
Minnesota Statutes 2008, section 611.272, is amended to read:
611.272 ACCESS TO GOVERNMENT DATA.
The district public defender, the state public defender, or an attorney working for
a public defense corporation under section 611.216 has access to the criminal justice
data communications network described in section 299C.46, as provided in this section.
Access to data under this section is limited to data necessary to prepare criminal cases in
which the public defender has been appointed as follows:
(1) access to data about witnesses in a criminal case shall be limited to records of
criminal convictions; and
(2) access to data regarding the public defender's own client which includes, but
is not limited to, criminal history data under section 13.87; juvenile offender data under
section 299C.095; warrant information data under section 299C.115; incarceration data
under section 299C.14; conditional release data under section 241.065; and diversion
program data under section 299C.46, subdivision 5.
The public defender has access to data under this section, whether accessed via deleted text begin CriMNetdeleted text end new text begin
the integrated search service as defined in section 13.873new text end or other methods. The public
defender does not have access to law enforcement active investigative data under section
13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential
arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained
by a prosecuting attorney. The public defender has access to the data at no charge, except
for the monthly network access charge under section 299C.46, subdivision 3, paragraph
(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87,
subdivision 3; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the
contrary, there shall be no charge to public defenders for Internet access to the criminal
justice data communications network.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 25.
Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:
Subd. 6.
Reporting of data to deleted text begin criminal justice information system (CJIS)deleted text end new text begin
Bureau of Criminal Apprehensionnew text end .
Every county attorney who has established a pretrial
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:
(1) the name and date of birth of each diversion program participant, and any other
identifying information the superintendent considers necessary;
(2) the date on which the individual began to participate in the diversion program;
(3) the date on which the individual is expected to complete the diversion program;
(4) the date on which the individual successfully completed the diversion program,
where applicable; and
(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.
The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text begin of the Minnesota Criminal Justice
Information Systemdeleted text end new text begin as defined in section 13.87new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end
Sec. 26. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2008, sections 299C.61, subdivision 8; 299C.67, subdivision 3;
and 403.36, subdivision 1f,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2009.
new text end