Minnesota Legislature
HF 1457
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:51am
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A bill for an act
relating to public safety; eliminating various unfunded mandates affecting local
governmental units; amending Minnesota Statutes 2008, sections 245C.05,
subdivision 7; 260B.171, subdivision 3; 609.115, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 245C.05, subdivision 7, is amended to read:
Subd. 7.
Probation officer and corrections agent.
(a) A probation officer or
corrections agent deleted text begin shalldeleted text end new text begin may new text end notify the commissioner of an individual's conviction if the
individual is:
(1) affiliated with a program or facility regulated by the Department of Human
Services or Department of Health, a facility serving children or youth licensed by the
Department of Corrections, or any type of home care agency or provider of personal care
assistance services; and
(2) convicted of a crime constituting a disqualification under section 245C.14.
(b) For the purpose of this subdivision, "conviction" has the meaning given it
in section 609.02, subdivision 5.
(c) The commissioner, in consultation with the commissioner of corrections, shall
develop forms and information necessary to implement this subdivision and shall provide
the forms and information to the commissioner of corrections for distribution to local
probation officers and corrections agents.
(d) The commissioner shall inform individuals subject to a background study that
criminal convictions for disqualifying crimes deleted text begin willdeleted text end new text begin may new text end be reported to the commissioner
by the corrections system.
(e) A probation officer, corrections agent, or corrections agency is not civilly or
criminally liable for disclosing or failing to disclose the information required by this
subdivision.
(f) Upon receipt of disqualifying information, the commissioner shall provide the
notice required under section 245C.17, as appropriate, to agencies on record as having
initiated a background study or making a request for documentation of the background
study status of the individual.
(g) This subdivision does not apply to family child care programs.
new text begin
(h) The commissioner of corrections shall ensure that information on convictions
described in paragraph (a) is electronically accessible to the commissioner of human
services.
new text end
Sec. 2.
Minnesota Statutes 2008, section 260B.171, subdivision 3, is amended to read:
Subd. 3.
Disposition order; copy to school.
(a) If a juvenile is enrolled in school,
the juvenile's probation officer shall deleted text begin transmit adeleted text end new text begin ensure that an electronic new text end copy of the court's
disposition order new text begin be transmitted new text end to the superintendent of the juvenile's school district or
the chief administrative officer of the juvenile's school if the juvenile has been adjudicated
delinquent for committing an act on the school's property or an act:
(1) that would be a violation of section 609.185 (first-degree murder); 609.19
(second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree
manslaughter); 609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222 (second-degree assault);
609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.2242 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual conduct); 609.344
(third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual conduct);
609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a witness);
609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic
threats); or 609.749 (harassment and stalking), if committed by an adult;
(2) that would be a violation of section 152.021 (first-degree controlled substance
crime); 152.022 (second-degree controlled substance crime); 152.023 (third-degree
controlled substance crime); 152.024 (fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a controlled substance);
152.0262 (possession of substances with intent to manufacture methamphetamine); or
152.027 (other controlled substance offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous weapon as defined in section
609.02, subdivision 6.
When a disposition order is transmitted under this subdivision, the probation officer
shall notify the juvenile's parent or legal guardian that the disposition order has been
shared with the juvenile's school.
(b) In addition, the juvenile's probation officer may transmit a copy of the court's
disposition order to the superintendent of the juvenile's school district or the chief
administrative officer of the juvenile's school if the juvenile has been adjudicated
delinquent for offenses not listed in paragraph (a) and placed on probation. The probation
officer shall notify the superintendent or chief administrative officer when the juvenile is
discharged from probation.
(c) The disposition order must be accompanied by a notice to the school that the
school may obtain additional information from the juvenile's probation officer with the
consent of the juvenile or the juvenile's parents, as applicable. The disposition order must
be maintained, shared, or released only as provided in section 121A.75.
(d) The juvenile's probation officer shall maintain a record of disposition orders
released under this subdivision and the basis for the release.
(e) No later than September 1, 2002, the criminal and juvenile justice information
policy group, in consultation with representatives of probation officers and educators, shall
prepare standard forms for use by juvenile probation officers in forwarding information
to schools under this subdivision and in maintaining a record of the information that is
released. The group shall provide a copy of any forms or procedures developed under this
paragraph to the legislature by January 15, 2003.
(f) As used in this subdivision, "school" means a charter school or a school as
defined in section 120A.22, subdivision 4, except a home school.
Sec. 3.
Minnesota Statutes 2008, section 609.115, subdivision 1, is amended to read:
Subdivision 1.
Presentence investigation.
(a) When a defendant has been convicted
of a misdemeanor or gross misdemeanor, the court may, and when the defendant has been
convicted of a felony, the court shall, before sentence is imposed, cause a presentence
investigation and written report to be made to the court concerning the defendant's
individual characteristics, circumstances, needs, potentialities, criminal record and social
history, the circumstances of the offense and the harm caused by it to others and to the
community. At the request of the prosecutor in a gross misdemeanor case, the court shall
order that a presentence investigation and report be prepared. The investigation shall be
made by a probation officer of the court, if there is one; otherwise it shall be made by the
commissioner of corrections. The officer conducting the presentence or predispositional
investigation shall make reasonable and good faith efforts to contact and provide the
victim with the information required under section 611A.037, subdivision 2. Presentence
investigations shall be conducted and summary hearings held upon reports and upon
the sentence to be imposed upon the defendant in accordance with this section, section
244.10, and the Rules of Criminal Procedure.
(b) When the crime is a violation of sections 609.561 to 609.563, 609.5641, or
609.576 and involves a fire, the report shall include a description of the financial and
physical harm the offense has had on the public safety personnel who responded to the
fire. For purposes of this paragraph, "public safety personnel" means the state fire marshal;
employees of the Division of the State Fire Marshal; firefighters, regardless of whether the
firefighters receive any remuneration for providing services; peace officers, as defined in
section 626.05, subdivision 2; individuals providing emergency management services; and
individuals providing emergency medical services.
(c) When the crime is a felony violation of chapter 152 involving the sale or
distribution of a controlled substancenew text begin in an area that has a high crime rate for controlled
substance offensesnew text end , the report shall include a description of any adverse social or economic
effects the offense has had on persons who reside in the neighborhood where the offense
was committed.
(d) The report shall also include the information relating to crime victims required
under section 611A.037, subdivision 1. If the court directs, the report shall include an
estimate of the prospects of the defendant's rehabilitation and recommendations as to the
sentence which should be imposed. In misdemeanor cases the report may be oral.
(e) When a defendant has been convicted of a felony, and before sentencing, the
court shall cause a sentencing worksheet to be completed to facilitate the application of
the Minnesota Sentencing Guidelines. The worksheet shall be submitted as part of the
presentence investigation report.
(f) When a person is convicted of a felony for which the Sentencing Guidelines
presume that the defendant will be committed to the commissioner of corrections under an
executed sentence and no motion for a sentencing departure has been made by counsel,
the court may, when there is no space available in the local correctional facility, commit
the defendant to the custody of the commissioner of corrections, pending completion of
the presentence investigation and report. When a defendant is convicted of a felony for
which the Sentencing Guidelines do not presume that the defendant will be committed
to the commissioner of corrections, or for which the Sentencing Guidelines presume
commitment to the commissioner but counsel has moved for a sentencing departure,
the court may commit the defendant to the commissioner with the consent of the
commissioner, pending completion of the presentence investigation and report. The
county of commitment shall return the defendant to the court when the court so orders.