HF 1570

as introduced - 87th Legislature (2011 - 2012) Posted on 04/26/2011 09:53am

A bill for an act
relating to public safety; providing for indeterminate sentencing for sex
offenders, legislative auditor recommendations, and sexual assault prevention;
requiring various task forces; requiring reports; appropriating money; amending
Minnesota Statutes 2010, sections 244.05, subdivisions 4, 5; 609.342, subdivision
2; 609.343, subdivision 2; 609.344, subdivision 2; 609.345, subdivision 2;
609.3455, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapters 145; 609; repealing Minnesota Statutes 2010, sections 253B.18,
subdivision 2; 609.342, subdivision 3; 609.343, subdivision 3; 609.345,
subdivision 3.

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

ARTICLE 1

INDETERMINATE SENTENCING FOR SEX OFFENDERS

Section 1.

Minnesota Statutes 2010, section 244.05, subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life deleted text begin sentence deleted text end new text begin and statutory maximum
sentences new text end .

(a) An inmate serving a mandatory life sentence under section 609.106 or
609.3455, subdivision 2, must not be given supervised release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
(5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given
supervised release under this section without having served a minimum term of 30 years.

(c) An inmate serving a mandatory life sentence under section 609.385 must not
be given supervised release under this section without having served a minimum term of
imprisonment of 17 years.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3 or 4, new text begin or a mandatory statutory maximum sentence under section 609.342 to 609.345,
609.3453, or 609.3455, subdivision 3a, new text end must not be given supervised release under this
section without having served the minimum term of imprisonment specified by the court
in its sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2010, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life deleted text begin sentence deleted text end new text begin and statutory maximum sentences new text end .

(a) The commissioner of corrections may, under rules promulgated by the commissioner,
give supervised release to an inmate serving a mandatory life sentence under section
609.185, clause (3), (5), or (6); deleted text begin 609.3455, subdivision 3 or 4; deleted text end 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.

(b) new text begin The commissioner shall give supervised release to an inmate serving a sentence
under section 609.342 to 609.345, 609.3453, or 609.3455, subdivision 3, 3a, or 4, after
the inmate has served the minimum term of imprisonment specified by the court when
directed to do so by the special review panel described in section 609.3458.
new text end

new text begin (c) new text end The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor,
any law enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the supervised
release decision. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.

deleted text begin (c) deleted text end new text begin (d) new text end The commissioner shall make reasonable efforts to notify the victim, in
advance, of the time and place of the inmate's supervised release review hearing. The
victim has a right to submit an oral or written statement at the review hearing. The
statement may summarize the harm suffered by the victim as a result of the crime and
give the victim's recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the victim's statement when making
the supervised release decision.

deleted text begin (d) deleted text end new text begin (e) new text end When considering whether to new text begin direct the commissioner to new text end give supervised
release to an inmate serving a life sentence under section 609.3455, subdivision 3 or 4 new text begin , or
a mandatory statutory maximum sentence under section 609.342 to 609.345, 609.3453,
or 609.3455, subdivision 3a new text end , the deleted text begin commissioner deleted text end new text begin special review panel described in section
609.3458 new text end shall consider, at a minimum, the following: the risk the inmate poses to the
community if released, the inmate's progress in treatment, the inmate's behavior while
incarcerated, psychological or other diagnostic evaluations of the inmate, the inmate's
criminal history, and any other relevant conduct of the inmate while incarcerated or
before incarceration. The deleted text begin commissioner deleted text end new text begin panel new text end may not new text begin direct the commissioner to new text end give
supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; deleted text begin and
deleted text end

(2) a comprehensive individual release plan is in place for the inmate that ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate new text begin ; and
new text end

new text begin (3) the inmate no longer poses a threat to the public and is capable of reintegration
with the general public new text end .

deleted text begin (e) deleted text end new text begin (f) new text end As used in this subdivision, "victim" means the individual who suffered
harm as a result of the inmate's crime or, if the individual is deceased, the deceased's
surviving spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2010, section 609.342, subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455 deleted text begin ; or
Minnesota Statutes 2004, section 609.109 deleted text end , a person convicted under subdivision 1 deleted text begin may deleted text end new text begin
shall new text end be sentenced to imprisonment for not more than deleted text begin 30 deleted text end new text begin 60 new text end years deleted text begin or deleted text end new text begin and new text end to a payment of
a fine of not more than $40,000 deleted text begin , or both deleted text end .

(b) new text begin Except as otherwise provided in paragraph (c) and new text end unless a longer mandatory
minimum sentence is otherwise required by law or the Sentencing Guidelines provide
for a longer presumptive executed sentence, the court shall presume that an executed
sentence of 144 months must be imposed on an offender convicted of violating this
section. Sentencing a person in a manner other than that described in this paragraph is a
departure from the Sentencing Guidelines.

(c) new text begin At the time of sentencing, the court shall specify a minimum term of
imprisonment, based on paragraph (b), the Sentencing Guidelines, or an applicable
mandatory minimum sentence, that must be served before the offender may be considered
for supervised release. The minimum sentence for an offender without a prior sex offense
conviction, as that term is defined in section 609.3455, subdivision 1, paragraph (g), is
one-half of the presumptive sentence under the Sentencing Guidelines.
new text end

new text begin (d) new text end A person convicted under this section is also subject to conditional release under
section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2010, section 609.343, subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455 deleted text begin ; or
Minnesota Statutes 2004, section 609.109 deleted text end , a person convicted under subdivision 1 deleted text begin may deleted text end new text begin
shall new text end be sentenced to imprisonment for not more than deleted text begin 25 deleted text end new text begin 50 new text end years deleted text begin or deleted text end new text begin and new text end to a payment of
a fine of not more than $35,000 deleted text begin , or both deleted text end .

(b) new text begin Except as otherwise provided in paragraph (c) and new text end unless a longer mandatory
minimum sentence is otherwise required by law or the Sentencing Guidelines provide for
a longer presumptive executed sentence, the court shall presume that an executed sentence
of 90 months must be imposed on an offender convicted of violating subdivision 1, clause
(c), (d), (e), (f), or (h). Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) new text begin At the time of sentencing, the court shall specify a minimum term of
imprisonment, based on paragraph (b), the Sentencing Guidelines, or an applicable
mandatory minimum sentence, that must be served before the offender may be considered
for supervised release. The minimum sentence for an offender without a prior sex offense
conviction, as that term is defined in section 609.3455, subdivision 1, paragraph (g), is
one-half of the presumptive sentence under the Sentencing Guidelines.
new text end

new text begin (d) new text end A person convicted under this section is also subject to conditional release under
section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2010, section 609.344, subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) new text end Except as otherwise provided in section 609.3455, a person
convicted under subdivision 1 deleted text begin may deleted text end new text begin shall new text end be sentenced to imprisonment for not more than
deleted text begin 15 deleted text end new text begin 30 new text end years deleted text begin or deleted text end new text begin and new text end to a payment of a fine of not more than $30,000 deleted text begin , or both deleted text end .

new text begin (b) At the time of sentencing, the court shall specify a minimum term of
imprisonment, based on the Sentencing Guidelines or an applicable mandatory minimum
sentence, that must be served before the offender may be considered for supervised
release. The minimum sentence for an offender without a prior sex offense conviction, as
that term is defined in section 609.3455, subdivision 1, paragraph (g), is one-half of the
presumptive sentence under the Sentencing Guidelines.
new text end

new text begin (c) new text end A person convicted under this section is also subject to conditional release under
section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2010, section 609.345, subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin (a) new text end Except as otherwise provided in section 609.3455, a person
convicted under subdivision 1 deleted text begin may deleted text end new text begin shall new text end be sentenced to imprisonment for not more than
deleted text begin ten deleted text end new text begin 20 new text end years deleted text begin or deleted text end new text begin and new text end to a payment of a fine of not more than $20,000 deleted text begin , or both deleted text end .

new text begin (b) At the time of sentencing, the court shall specify a minimum term of
imprisonment, based on the Sentencing Guidelines or an applicable mandatory minimum
sentence, that must be served before the offender may be considered for supervised
release. The minimum sentence for an offender without a prior sex offense conviction, as
that term is defined in section 609.3455, subdivision 1, paragraph (g), is one-half of the
presumptive sentence under the Sentencing Guidelines.
new text end

new text begin (c) new text end A person convicted under this section is also subject to conditional release under
section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2010, section 609.3455, subdivision 6, is amended to read:

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the
statutory maximum sentence otherwise applicable to the offense and unless a longer
conditional release term is required in subdivision 7, when a court commits an offender
to the custody of the commissioner of corrections for a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the offender
has completed the sentence imposed, the commissioner shall place the offender on
conditional release for ten years, deleted text begin minus deleted text end new text begin which is in addition to new text end the time the offender
served on supervised release.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

new text begin [609.3458] SPECIAL REVIEW PANEL; PETITIONS; HEARINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A special review panel is established and is
governed by section 15.0575, except as otherwise provided in this subdivision. The panel
consists of five members of the public. Members shall serve six-year staggered terms.
The governor shall appoint one member, with the advice and consent of the senate,
who shall serve as the chair. The commissioner of corrections and the commissioner of
human services shall appoint one member each. The chief justice of the Supreme Court
shall appoint two members. Members must be knowledgeable of and have demonstrated
experience in the assessment, treatment, and supervision of sex offenders. The panel shall
meet at the call of the chair. The panel shall hear and consider all petitions for supervised
release from imprisonment under subdivision 2 and determine whether to authorize the
commissioner of corrections to give supervised release to the petitioner.
new text end

new text begin Subd. 2. new text end

new text begin Petition for release; hearing. new text end

new text begin (a) A person who was sentenced under
section 609.342 to 609.345, 609.3453, or 609.3455, subdivision 3, 3a, or 4, and who has
served the minimum term of imprisonment specified by the court may petition the special
review panel for supervised release. The panel shall hold a hearing on each petition for
release before making any determination. Within 45 days of the filing of the petition, the
panel shall give written notice of the time and place of the hearing before the panel to all
interested parties, including the petitioner, the petitioner's attorney if applicable, law
enforcement and correctional personnel involved in the case, the sentencing court, the
county attorney's office that prosecuted the case, and any victims of the crime who have
indicated a desire to be notified. The hearing must be recorded and held on the record.
The petitioner may present witnesses on the petitioner's behalf. The county attorney who
prosecuted the case, the sentencing judge, law enforcement and correctional personnel
involved in the case, the victim and the victim's family members, and any other interested
party may submit a written or oral statement at the hearing addressing the appropriateness
of the inmate's release.
new text end

new text begin (b) If a majority of the panel votes to authorize the commissioner to give supervised
release to the petitioner, the commissioner may do so no later than 14 days after the
panel's determination.
new text end

new text begin (c) If the panel rejects the inmate's petition for supervised release, it shall specify
in writing the reasons for the rejection. The inmate may not petition for supervised
release again until 36 months have elapsed since the panel's decision, unless the panel
specifies a shorter time period.
new text end

new text begin Subd. 3. new text end

new text begin Criteria for release. new text end

new text begin (a) The panel shall make a decision on authorizing
the supervised release of an inmate sentenced under section 609.342 to 609.345, 609.3453
or 609.3455, subdivision 3, 3a, or 4, as provided in section 244.05, subdivision 5,
paragraph (e).
new text end

new text begin (b) The commissioner shall prepare a community investigation report as described in
section 244.05, subdivision 5, paragraph (c), on an inmate who is petitioning for release
under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Administrative support. new text end

new text begin The Department of Corrections shall provide
office space and administrative support to the special review panel.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2011, and applies to crimes
committed on or after that date.
new text end

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

new text begin Minnesota Statutes 2010, sections 609.342, subdivision 3; 609.343, subdivision 3;
and 609.345, 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 August 1, 2011, and applies to crimes
committed on or after that date.
new text end

ARTICLE 2

LEGISLATIVE AUDITOR RECOMMENDATIONS

Section 1. new text begin SEX OFFENDER RECIDIVISM; DEPARTMENT OF
CORRECTIONS REPORT.
new text end

new text begin The commissioner of corrections shall determine the recidivism rate for sex
offenders who were referred for civil commitment but not ultimately committed. The
commissioner shall submit a report to the chairs and ranking minority members of the
house of representatives and senate committees with jurisdiction over public safety and
human services by January 15, 2012. The report must contain:
new text end

new text begin (1) the recidivism rate of the designated population;
new text end

new text begin (2) geographic differences in the rate of recidivism among the designated population;
and
new text end

new text begin (3) a comparison of the recidivism rate of the designated population to the recidivism
rate of sex offenders released from prison who were not referred for civil commitment.
new text end

Sec. 2. new text begin ALTERNATE HOUSING FOR CIVILLY COMMITTED SEX
OFFENDERS; STAYS OF COMMITMENT; REPORT.
new text end

new text begin (a) The commissioner of human services, in consultation with the commissioners
of corrections and administration, shall develop a plan to house clients of the Minnesota
sex offender program in locations other than the state facilities at Moose Lake and St.
Peter. The plan shall include:
new text end

new text begin (1) options for funding the alternate facilities;
new text end

new text begin (2) a timeline for bringing the facilities online;
new text end

new text begin (3) recommendations for statutory changes needed to ensure adequate supervision,
monitoring, and treatment of clients housed in the alternate facilities;
new text end

new text begin (4) recommendations for funding and needed statutory changes required to
implement a stay of commitment option for certain committed sex offenders; and
new text end

new text begin (5) a cost savings analysis of these options compared to the cost of current housing
practices for civilly committed sex offenders.
new text end

new text begin (b) The commissioner shall submit a report on the study, with specific
recommendations, to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over capital investment, human
services policy and finance, and public safety policy and finance by January 15, 2012.
new text end

Sec. 3. new text begin SEX OFFENDER PLACEMENT; REASSESSMENT.
new text end

new text begin (a) The executive director of the Minnesota sex offender program under Minnesota
Statutes, chapter 246B, shall determine which of its clients presently residing in the
program's facilities at St. Peter or Moose Lake are suitable for placement in an alternative
setting. The executive director shall develop a plan to reassess the clients that includes,
at a minimum:
new text end

new text begin (1) the identification of certain types of clients suitable for an alternative
commitment setting;
new text end

new text begin (2) the rationale for determining why certain types of clients are suitable for an
alternative commitment setting; and
new text end

new text begin (3) a detailed description of the alternative commitment settings proposed for
various groups of clients including, at a minimum, the number of clients to reside in each
setting, the type and level of the sex offenses of each group of clients, the activities and
supervision of the clients in each setting, and the location of the settings.
new text end

new text begin (b) By January 15, 2012, the executive director of the sex offender program shall
report to the chairs and ranking minority members of the house of representatives Public
Safety and Crime Prevention Policy and Finance, Health and Human Services Finance,
and Health and Human Services Reform Committees and the chairs and ranking minority
members of the senate Judiciary and Public Safety and Health and Human Services
Committees on the development and implementation of the plan under paragraph (a).
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. 4. new text begin SEX OFFENDER CIVIL COMMITMENT POLICY TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; duties. new text end

new text begin A task force is established to study, evaluate, and
analyze the civil commitment standard and process for sex offenders. At a minimum, the
task force shall examine and make recommendations on the following:
new text end

new text begin (1) the advisability of establishing a centralized prosecution structure and a single
commitment court for sex offenders;
new text end

new text begin (2) the appropriate standard required to civilly commit sex offenders;
new text end

new text begin (3) the referral process of sex offenders for civil commitment; and
new text end

new text begin (4) any other issues related to sex offender civil commitment that the task force
determines are relevant.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The task force consists of the following members:
new text end

new text begin (1) the commissioner of human services, or the commissioner's designee;
new text end

new text begin (2) the commissioner of corrections, or the commissioner's designee;
new text end

new text begin (3) the commissioner of public safety, or the commissioner's designee;
new text end

new text begin (4) the chairs and ranking minority members of the house of representatives and
senate committees having jurisdiction over public safety finance and human services
finance, or their designees;
new text end

new text begin (5) a district court judge appointed by the chief justice of the Supreme Court;
new text end

new text begin (6) a county attorney, selected by the Minnesota County Attorneys Association;
new text end

new text begin (7) one representative from the Board of Public Defense, selected by that board;
new text end

new text begin (8) a representative of the Minnesota Chiefs of Police Association;
new text end

new text begin (9) a representative of the Minnesota Sheriffs Association;
new text end

new text begin (10) two probation officers, one selected by the commissioner of corrections and
one selected by the Community Corrections Act counties;
new text end

new text begin (11) a representative of the Minnesota Police and Peace Officers Association; and
new text end

new text begin (12) a sex offender treatment provider who is privately employed, selected by the
commissioner of human services.
new text end

new text begin Subd. 3. new text end

new text begin Meetings. new text end

new text begin The commissioner of human services, or the commissioner's
designee, shall convene the initial meeting of the task force and serve as the chair. The
task force shall meet sufficiently enough to accomplish the tasks identified in this section.
new text end

new text begin Subd. 4. new text end

new text begin Terms; compensation; removal; vacancies. new text end

new text begin The expiration, membership
terms, removal of members, and filling of vacancies on the task force shall be as provided
in Minnesota Statutes, section 15.059. Members shall serve without compensation and
expense reimbursement. The task force expires June 30, 2012.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin By January 15, 2012, the task force shall submit its report,
including any proposed legislative changes, to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over human services
policy and finance and public safety policy and finance.
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. 5. new text begin SEX OFFENDER PROGRAM; LOW-FUNCTIONING CLIENTS.
new text end

new text begin (a) The executive director of the Minnesota sex offender program under Minnesota
Statutes, chapter 246B, shall develop and implement a plan for low-functioning alternative
program clients that:
new text end

new text begin (1) identifies the clients who do not have the cognitive ability to complete the
program's cognitive-based treatment;
new text end

new text begin (2) establishes criteria for petitioning the Special Review Board under Minnesota
Statutes, section 253B.18, for transfer or provisional discharge of low-functioning clients
to an alternative setting;
new text end

new text begin (3) establishes how low-functioning clients can reside in a less restrictive setting,
such as a facility or group home that is more appropriate to the client's needs and protects
public safety; and
new text end

new text begin (4) establishes criteria for managing transferred and provisionally discharged
low-functioning clients in an alternative setting.
new text end

new text begin (b) By January 15, 2012, the executive director of the Minnesota sex offender
program shall report to the chair and ranking minority members of the house of
representatives Public Safety and Crime Prevention Policy and Finance Committee
and the chair and ranking minority members of the senate Judiciary and Public Safety
Committee on the development and implementation of the plan under paragraph (a).
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. 6. new text begin REVIEW OF SEX OFFENDER CIVIL COMMITMENT STATUTES.
new text end

new text begin The commissioner of human services, in consultation with the revisor of statutes and
stakeholder groups, shall review existing laws relating to civil commitment of individuals
as sexual psychopathic personalities or as sexually dangerous persons and propose
legislation for the 2012 legislative session that clearly organizes the law and distinguishes
it from laws relating to other forms of civil commitment.
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. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 253B.18, subdivision 2, new text end new text begin is repealed.
new text end

ARTICLE 3

SEXUAL ASSAULT PREVENTION

Section 1.

new text begin [145.4714] REPORTING PREVALENCE OF SEXUAL VIOLENCE.
new text end

new text begin The commissioner shall coordinate with federal, regional, local, and other state
agencies to collect and analyze data on the incidence and prevalence of sexual violence in
the state and provide a biennial report to the public via its Web site and to the legislature
beginning April 1, 2014.
new text end

Sec. 2. new text begin PREVENTION OF SEXUAL VIOLENCE WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; duties; recommendations. new text end

new text begin (a) The commissioner of
health shall convene a prevention of sexual violence working group. At a minimum,
the working group shall:
new text end

new text begin (1) maintain an inventory of existing state programs and services that have an impact
on sexual violence prevention;
new text end

new text begin (2) establish goals and strategic objectives for the prevention of sexual violence; and
new text end

new text begin (3) coordinate implementation of existing state programs and services to achieve
these goals and objectives.
new text end

new text begin The working group may propose recommendations to the governor for new state policies,
programs, or services to advance these goals and objectives and comment on proposals for
new state policies, programs, or services initiated by the legislature or state agencies or
commissions.
new text end

new text begin (b) The working group shall base its actions and recommendations on:
new text end

new text begin (1) evidence-based research and professional best practices;
new text end

new text begin (2) consultation with professional associations, community associations, and
providers, including, but not exclusive to, those with experience in public health, health,
criminal justice, judiciary, corrections, or victim services; and
new text end

new text begin (3) the Minnesota Department of Health Five-Year Sexual Violence Prevention Plan.
new text end

new text begin The working group may give priority consideration to the immediate and long-term
benefits of reducing the impact of sexual violence on children and youth.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The working group consists of the following members
or their designees:
new text end

new text begin (1) the commissioner of health;
new text end

new text begin (2) the commissioner of human services;
new text end

new text begin (3) the commissioner of public safety;
new text end

new text begin (4) the commissioner of corrections;
new text end

new text begin (5) the commissioner of education;
new text end

new text begin (6) the commissioner of administration; and
new text end

new text begin (7) representatives from other state agencies or commissions as designated by the
governor.
new text end

new text begin Subd. 3. new text end

new text begin Reports. new text end

new text begin The working group shall report annually, in coordination with the
governor, an illustrative summary of its key deliberations and initiatives to the chairs and
ranking minority members of the house of representatives and senate committees with
jurisdiction over public safety, public health, judiciary, human services, education, and
state governmental operations.
new text end

new text begin Subd. 4. new text end

new text begin Resources; support. new text end

new text begin The commissioner of health may solicit and accept
contributions from government or private entities to hire staff or consultants to fund
the working group.
new text end

Sec. 3. new text begin SEXUAL VIOLENCE PREVENTION DEMONSTRATION
PARTNERSHIP GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "community sexual violence
prevention partnership" is an alliance of local governments, colleges and universities,
school districts, and nonprofit, civic, and business groups organized for the purpose of
sexual violence prevention, including, but not exclusive to, entities with experience in
public health, health, criminal justice, judiciary, corrections, or victim services.
new text end

new text begin Subd. 2. new text end

new text begin Community sexual violence prevention partnership demonstration
grants. new text end

new text begin (a) The commissioner of health shall award competitive grants to community
health boards established pursuant to Minnesota Statutes, section 145A.09 and tribal
governments to fund partnerships. The commissioner shall award up to eight grants per
year, taking into account geographic balance.
new text end

new text begin (b) Grants may be used for the following activities:
new text end

new text begin (1) improve the coordination of existing programs, services, and activities that
support sexual violence prevention;
new text end

new text begin (2) initiate new programs, services, and activities that support sexual violence
prevention;
new text end

new text begin (3) support outreach, education, and technical assistance for other localities seeking
to undertake similar programs, services, and activities; and
new text end

new text begin (4) support reporting and evaluation.
new text end

new text begin Grant recipients should give priority consideration to the immediate and long-term benefits
of reducing the impact of sexual violence on children and youth.
new text end

new text begin (c) To receive a grant under this section, community health boards and tribal
governments must:
new text end

new text begin (1) submit proposals to the commissioner;
new text end

new text begin (2) demonstrate that grant activities are:
new text end

new text begin (i) based on scientific evidence and professional best practices for sexual violence
prevention;
new text end

new text begin (ii) based on assessment of community sexual violence prevention need and capacity;
new text end

new text begin (iii) based on community input; and
new text end

new text begin (iv) consistent with the Department of Health Five-Year Sexual Violence Prevention
Plan; and
new text end

new text begin (3) provide a local match of ten percent of the total funding allocation.
new text end

new text begin The local match may include grants or donations from federal or private entities expressly
for the purposes of this grant.
new text end

new text begin (d) The commissioner may award grants under this section to a community health
board or tribal government for a term of up to, but not to exceed, 60 consecutive months,
based upon the availability of state or federal funds to support the purposes of these grants.
new text end

new text begin Subd. 3. new text end

new text begin Technical assistance. new text end

new text begin The commissioner shall contract with private or
nonprofit providers to deliver technical assistance services to grant recipients.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $1,250,000 each year is appropriated to the commissioner of health to fund
community sexual violence prevention partnership demonstration grants. The
commissioner may use up to six percent of this appropriation for administration and up to
six percent of this appropriation for technical assistance.
new text end