HF 1781

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; continuing the task force for 
  1.3             agency purchasing from correctional agencies; removing 
  1.4             obsolete language referencing the secure treatment 
  1.5             unit operated by Regions Hospital; requiring the 
  1.6             commissioners of corrections and human services to 
  1.7             develop alternative equivalent standards for chemical 
  1.8             dependency treatment programs for correctional 
  1.9             facilities under certain circumstances; creating a 
  1.10            peer review committee in the health correctional 
  1.11            system; requiring the commissioner of corrections to 
  1.12            contract with the commissioner of human services for 
  1.13            background studies of individuals providing services 
  1.14            in secure and nonsecure juvenile residential and 
  1.15            detention facilities; providing that investigation of 
  1.16            inmate deaths be initiated by the commissioner of 
  1.17            corrections; making it a crime for employees, contract 
  1.18            personnel, or volunteers of a correctional system to 
  1.19            engage in certain sexual activities with offenders in 
  1.20            correctional facilities; authorizing HIV test results 
  1.21            to be maintained in inmate medical records; amending 
  1.22            Minnesota Statutes 2000, sections 16B.181, subdivision 
  1.23            2; 241.021, subdivisions 4, 4a, 6, by adding a 
  1.24            subdivision; 390.11, subdivision 1, by adding 
  1.25            subdivisions; 390.32, by adding a subdivision; 
  1.26            609.344, subdivision 1; 609.345, subdivision 1; 
  1.27            611A.19. 
  1.28  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.29     Section 1.  Minnesota Statutes 2000, section 16B.181, 
  1.30  subdivision 2, is amended to read: 
  1.31     Subd. 2.  [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
  1.32  INDUSTRIES.] (a) The commissioner of corrections, in 
  1.33  consultation with the commissioner of administration, shall 
  1.34  prepare updated lists of the items available for purchase from 
  1.35  department of corrections industries and annually forward a copy 
  1.36  of the most recent list to all public entities within the 
  2.1   state.  A public entity that is supported in whole or in part 
  2.2   with funds from the state treasury may purchase items directly 
  2.3   from corrections industries.  The bid solicitation process is 
  2.4   not required for these purchases. 
  2.5      (b) The commissioner of administration shall develop a 
  2.6   contract or contracts to enable public entities to purchase 
  2.7   items directly from corrections industries.  The commissioner of 
  2.8   administration, in consultation with the commissioner of 
  2.9   corrections, shall determine the fair market price for listed 
  2.10  items.  The commissioner of administration shall require that 
  2.11  all requests for bids or proposals, for items provided by 
  2.12  corrections industries, be forwarded to the commissioner of 
  2.13  corrections to enable corrections industries to submit bids.  
  2.14  The commissioner of corrections shall consult with the 
  2.15  commissioner of administration prior to introducing new products 
  2.16  to the state agency market. 
  2.17     (c) No public entity may evade the intent of this section 
  2.18  by adopting slight variations in specifications, when Minnesota 
  2.19  corrections industry items meet the reasonable needs and 
  2.20  specifications of the public entity. 
  2.21     (d) The commissioners of administration and corrections 
  2.22  shall develop annual performance measures outlining goals to 
  2.23  maximize inmate work program participation.  The commissioners 
  2.24  of administration and corrections shall appoint cochairs for a 
  2.25  task force whose purpose is to determine additional methods to 
  2.26  achieve the performance goals for public entity purchasing.  The 
  2.27  task force shall include representatives from the Minnesota 
  2.28  house of representatives, Minnesota senate, the Minnesota state 
  2.29  colleges and universities, University of Minnesota, Minnesota 
  2.30  League of Cities, Minnesota Association of Counties, and 
  2.31  administrators with purchasing responsibilities from the 
  2.32  Minnesota state departments of corrections, public safety, 
  2.33  finance, transportation, natural resources, human services, 
  2.34  health, and economic security.  Notwithstanding section 15.059, 
  2.35  the task force created in this paragraph does not expire. 
  2.36     (e) If performance goals for public entity purchasing are 
  3.1   not achieved in two consecutive fiscal years, public entities 
  3.2   shall purchase items available from corrections industries.  The 
  3.3   commissioner of administration shall be responsible for 
  3.4   notifying public entities of this requirement. 
  3.5      Sec. 2.  Minnesota Statutes 2000, section 241.021, 
  3.6   subdivision 4, is amended to read: 
  3.7      Subd. 4.  [HEALTH CARE.] The commissioner of corrections 
  3.8   shall provide professional health care to persons confined in 
  3.9   institutions under the control of the commissioner of 
  3.10  corrections and pay the costs of their care in hospitals and 
  3.11  other medical facilities not under the control of the 
  3.12  commissioner of corrections, including the secure treatment unit 
  3.13  operated by the St. Paul - Ramsey Hospital.  All reimbursements 
  3.14  for these health care services shall be deposited in the general 
  3.15  fund.  The commissioner of corrections is authorized to contract 
  3.16  with entities, including health care management companies, to 
  3.17  provide health care to inmates.  With respect to these 
  3.18  contracts, these entities shall not be regulated as, or 
  3.19  otherwise considered to be, health plan companies as defined in 
  3.20  section 62Q.01, subdivision 4. 
  3.21     Sec. 3.  Minnesota Statutes 2000, section 241.021, 
  3.22  subdivision 4a, is amended to read: 
  3.23     Subd. 4a.  [CHEMICAL DEPENDENCY TREATMENT PROGRAMS.] All 
  3.24  residential chemical dependency treatment programs operated by 
  3.25  the commissioner of corrections to treat adults and juveniles 
  3.26  committed to the commissioner's custody shall comply with the 
  3.27  standards mandated in Minnesota Rules, parts 9530.4100 to 
  3.28  9530.6500, or successor rule parts for treatment programs 
  3.29  operated by community-based residential treatment facilities.  
  3.30  When the commissioners of corrections and human services agree 
  3.31  that these established standards for community-based programs 
  3.32  cannot reasonably apply to correctional facilities, alternative 
  3.33  equivalent standards shall be developed by the commissioners and 
  3.34  established through an interagency agreement. 
  3.35     Sec. 4.  Minnesota Statutes 2000, section 241.021, is 
  3.36  amended by adding a subdivision to read: 
  4.1      Subd. 4b.  [REVIEW ORGANIZATION.] (a) Sections 145.61 to 
  4.2   145.67 apply to a Minnesota correctional facility operated and 
  4.3   under the control of the commissioner of corrections. 
  4.4      (b) A review organization, as defined under section 145.61, 
  4.5   includes a committee of the director of health services, the 
  4.6   department medical director, the regional medical director of 
  4.7   the contracted health care vendor, the department director of 
  4.8   nursing, a physician from the contracting hospital provider and 
  4.9   another physician who provides health care to offenders on site 
  4.10  at one of the correctional facilities who gather, create, and 
  4.11  review information relating to the care and treatment of 
  4.12  offenders in providing health care, including employee 
  4.13  performance reviews, quality assurance data, and other 
  4.14  information relating to health care provided to offenders either 
  4.15  on site or off site. 
  4.16     Sec. 5.  Minnesota Statutes 2000, section 241.021, 
  4.17  subdivision 6, is amended to read: 
  4.18     Subd. 6.  [BACKGROUND STUDIES.] (a) The commissioner of 
  4.19  corrections is authorized to do background studies on personnel 
  4.20  employed by any facility serving children or youth that is 
  4.21  licensed under this section.  The commissioner of corrections 
  4.22  shall contract with the commissioner of human services to 
  4.23  conduct background studies of individuals providing services in 
  4.24  secure and nonsecure residential facilities and detention 
  4.25  facilities which have direct contact, as defined under section 
  4.26  245A.04, subdivision 3, with persons served in the facilities.  
  4.27  A disqualification of an individual in this section shall 
  4.28  disqualify the individual from positions allowing direct contact 
  4.29  or access to persons and residents receiving services in 
  4.30  programs licensed by the departments of health and human 
  4.31  services.  
  4.32     (b) A clerk or administrator of any court, the bureau of 
  4.33  criminal apprehension, a prosecuting attorney, a county sheriff, 
  4.34  or a chief of a local police department, shall assist in these 
  4.35  studies by providing to the commissioner of human services, or 
  4.36  the commissioner's representative, all criminal conviction data 
  5.1   available from local, state, and national criminal history 
  5.2   record repositories, including the criminal justice data 
  5.3   communications network, pertaining to the following individuals: 
  5.4   applicants, operators, all persons living in the household, and 
  5.5   all staff of any facility subject to background studies under 
  5.6   this subdivision.  
  5.7      (c) The department of human services shall conduct the 
  5.8   background studies required by paragraph (a) in compliance with 
  5.9   the provisions of chapter 245A.  For the purpose of this 
  5.10  subdivision, the term "secure and nonsecure residential facility 
  5.11  and detention facility" shall include programs licensed or 
  5.12  certified under subdivision 2.  The department of human services 
  5.13  shall provide necessary forms and instructions, shall conduct 
  5.14  the necessary background studies of individuals, and shall 
  5.15  provide notification of the results of the studies to the 
  5.16  facilities, individuals, and the commissioner of corrections.  
  5.17  Individuals shall be disqualified under the provisions of 
  5.18  chapter 245A. 
  5.19     If an individual is disqualified, the department of human 
  5.20  services shall notify the facility and the individual and shall 
  5.21  inform the individual of the right to request a reconsideration 
  5.22  of the disqualification by submitting the request to the 
  5.23  department of corrections. 
  5.24     (d) The commissioner of corrections shall review and decide 
  5.25  reconsideration requests, including the granting of variances, 
  5.26  in accordance with the procedures and criteria contained in 
  5.27  chapter 245A.  The commissioner's decision shall be provided to 
  5.28  the individual and to the department of human services.  The 
  5.29  commissioner's decision to grant or deny a reconsideration of 
  5.30  disqualification is the final administrative agency action. 
  5.31     (e) Facilities described in paragraph (a) shall be 
  5.32  responsible for cooperating with the departments in implementing 
  5.33  the provisions of this subdivision.  The responsibilities 
  5.34  imposed on applicants and licensees under chapter 245A shall 
  5.35  apply to these facilities.  The provisions of section 245A.04, 
  5.36  subdivision 3, paragraph (e), shall apply to applicants, 
  6.1   licensees, or an individual's refusal to cooperate with the 
  6.2   completion of the background studies. 
  6.3      Sec. 6.  Minnesota Statutes 2000, section 390.11, 
  6.4   subdivision 1, is amended to read: 
  6.5      Subdivision 1.  [DEATHS REQUIRING INQUESTS AND 
  6.6   INVESTIGATIONS.] Except as provided in subdivision 1a, the 
  6.7   coroner shall investigate and may conduct inquests in all human 
  6.8   deaths of the following types: 
  6.9      (1) violent deaths, whether apparently homicidal, suicidal, 
  6.10  or accidental, including but not limited to deaths due to 
  6.11  thermal, chemical, electrical, or radiational injury, and deaths 
  6.12  due to criminal abortion, whether apparently self induced or 
  6.13  not; 
  6.14     (2) deaths under unusual or mysterious circumstances; 
  6.15     (3) deaths of persons whose bodies are to be cremated, 
  6.16  dissected, buried at sea, or otherwise disposed of so that the 
  6.17  bodies will later be unavailable for examination; and 
  6.18     (4) deaths of inmates of public institutions who are not 
  6.19  hospitalized for organic disease and whose deaths are not of any 
  6.20  type referred to in clause (1) or (2).  
  6.21     Sec. 7.  Minnesota Statutes 2000, section 390.11, is 
  6.22  amended by adding a subdivision to read: 
  6.23     Subd. 1a.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
  6.24  DEATHS.] The commissioner of corrections may require that all 
  6.25  department of corrections incarcerated deaths be reviewed by a 
  6.26  department of corrections contracted board certified forensic 
  6.27  pathologist. 
  6.28     Sec. 8.  Minnesota Statutes 2000, section 390.11, is 
  6.29  amended by adding a subdivision to read:  
  6.30     Subd. 13.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
  6.31  DEATHS.] The commissioner of corrections may require that all 
  6.32  department of corrections incarcerated deaths be reviewed by a 
  6.33  department of corrections contracted board certified forensic 
  6.34  pathologist. 
  6.35     Sec. 9.  Minnesota Statutes 2000, section 390.32, is 
  6.36  amended by adding a subdivision to read: 
  7.1      Subd. 11.  [COMMISSIONER OF CORRECTIONS; INVESTIGATION OF 
  7.2   DEATHS.] The commissioner of corrections may require that all 
  7.3   department of corrections incarcerated deaths be reviewed by a 
  7.4   department of corrections contracted board certified forensic 
  7.5   pathologist. 
  7.6      Sec. 10.  Minnesota Statutes 2000, section 609.344, 
  7.7   subdivision 1, is amended to read: 
  7.8      Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  7.9   sexual penetration with another person is guilty of criminal 
  7.10  sexual conduct in the third degree if any of the following 
  7.11  circumstances exists:  
  7.12     (a) the complainant is under 13 years of age and the actor 
  7.13  is no more than 36 months older than the complainant.  Neither 
  7.14  mistake as to the complainant's age nor consent to the act by 
  7.15  the complainant shall be a defense; 
  7.16     (b) the complainant is at least 13 but less than 16 years 
  7.17  of age and the actor is more than 24 months older than the 
  7.18  complainant.  In any such case it shall be an affirmative 
  7.19  defense, which must be proved by a preponderance of the 
  7.20  evidence, that the actor believes the complainant to be 16 years 
  7.21  of age or older.  If the actor in such a case is no more than 48 
  7.22  months but more than 24 months older than the complainant, the 
  7.23  actor may be sentenced to imprisonment for not more than five 
  7.24  years.  Consent by the complainant is not a defense; 
  7.25     (c) the actor uses force or coercion to accomplish the 
  7.26  penetration; 
  7.27     (d) the actor knows or has reason to know that the 
  7.28  complainant is mentally impaired, mentally incapacitated, or 
  7.29  physically helpless; 
  7.30     (e) the complainant is at least 16 but less than 18 years 
  7.31  of age and the actor is more than 48 months older than the 
  7.32  complainant and in a position of authority over the complainant. 
  7.33  Neither mistake as to the complainant's age nor consent to the 
  7.34  act by the complainant is a defense; 
  7.35     (f) the actor has a significant relationship to the 
  7.36  complainant and the complainant was at least 16 but under 18 
  8.1   years of age at the time of the sexual penetration.  Neither 
  8.2   mistake as to the complainant's age nor consent to the act by 
  8.3   the complainant is a defense; 
  8.4      (g) the actor has a significant relationship to the 
  8.5   complainant, the complainant was at least 16 but under 18 years 
  8.6   of age at the time of the sexual penetration, and: 
  8.7      (i) the actor or an accomplice used force or coercion to 
  8.8   accomplish the penetration; 
  8.9      (ii) the complainant suffered personal injury; or 
  8.10     (iii) the sexual abuse involved multiple acts committed 
  8.11  over an extended period of time.  
  8.12     Neither mistake as to the complainant's age nor consent to 
  8.13  the act by the complainant is a defense; 
  8.14     (h) the actor is a psychotherapist and the complainant is a 
  8.15  patient of the psychotherapist and the sexual penetration 
  8.16  occurred: 
  8.17     (i) during the psychotherapy session; or 
  8.18     (ii) outside the psychotherapy session if an ongoing 
  8.19  psychotherapist-patient relationship exists.  
  8.20     Consent by the complainant is not a defense; 
  8.21     (i) the actor is a psychotherapist and the complainant is a 
  8.22  former patient of the psychotherapist and the former patient is 
  8.23  emotionally dependent upon the psychotherapist; 
  8.24     (j) the actor is a psychotherapist and the complainant is a 
  8.25  patient or former patient and the sexual penetration occurred by 
  8.26  means of therapeutic deception.  Consent by the complainant is 
  8.27  not a defense; 
  8.28     (k) the actor accomplishes the sexual penetration by means 
  8.29  of deception or false representation that the penetration is for 
  8.30  a bona fide medical purpose.  Consent by the complainant is not 
  8.31  a defense; or 
  8.32     (1) the actor is or purports to be a member of the clergy, 
  8.33  the complainant is not married to the actor, and: 
  8.34     (i) the sexual penetration occurred during the course of a 
  8.35  meeting in which the complainant sought or received religious or 
  8.36  spiritual advice, aid, or comfort from the actor in private; or 
  9.1      (ii) the sexual penetration occurred during a period of 
  9.2   time in which the complainant was meeting on an ongoing basis 
  9.3   with the actor to seek or receive religious or spiritual advice, 
  9.4   aid, or comfort in private.  Consent by the complainant is not a 
  9.5   defense; or 
  9.6      (m) the actor is an employee, contract personnel, or 
  9.7   volunteer of a state, county, or city adult or juvenile 
  9.8   correctional system, including, but not limited to, jails, 
  9.9   prisons, detention centers, or work release facilities, and the 
  9.10  complainant is a resident of a facility or under supervision of 
  9.11  the correctional system.  Consent by the complainant is not a 
  9.12  defense. 
  9.13     Sec. 11.  Minnesota Statutes 2000, section 609.345, 
  9.14  subdivision 1, is amended to read: 
  9.15     Subdivision 1.  [CRIME DEFINED.] A person who engages in 
  9.16  sexual contact with another person is guilty of criminal sexual 
  9.17  conduct in the fourth degree if any of the following 
  9.18  circumstances exists: 
  9.19     (a) the complainant is under 13 years of age and the actor 
  9.20  is no more than 36 months older than the complainant.  Neither 
  9.21  mistake as to the complainant's age or consent to the act by the 
  9.22  complainant is a defense.  In a prosecution under this clause, 
  9.23  the state is not required to prove that the sexual contact was 
  9.24  coerced; 
  9.25     (b) the complainant is at least 13 but less than 16 years 
  9.26  of age and the actor is more than 48 months older than the 
  9.27  complainant or in a position of authority over the complainant.  
  9.28  Consent by the complainant to the act is not a defense.  In any 
  9.29  such case, it shall be an affirmative defense which must be 
  9.30  proved by a preponderance of the evidence that the actor 
  9.31  believes the complainant to be 16 years of age or older; 
  9.32     (c) the actor uses force or coercion to accomplish the 
  9.33  sexual contact; 
  9.34     (d) the actor knows or has reason to know that the 
  9.35  complainant is mentally impaired, mentally incapacitated, or 
  9.36  physically helpless; 
 10.1      (e) the complainant is at least 16 but less than 18 years 
 10.2   of age and the actor is more than 48 months older than the 
 10.3   complainant and in a position of authority over the complainant. 
 10.4   Neither mistake as to the complainant's age nor consent to the 
 10.5   act by the complainant is a defense; 
 10.6      (f) the actor has a significant relationship to the 
 10.7   complainant and the complainant was at least 16 but under 18 
 10.8   years of age at the time of the sexual contact.  Neither mistake 
 10.9   as to the complainant's age nor consent to the act by the 
 10.10  complainant is a defense; 
 10.11     (g) the actor has a significant relationship to the 
 10.12  complainant, the complainant was at least 16 but under 18 years 
 10.13  of age at the time of the sexual contact, and: 
 10.14     (i) the actor or an accomplice used force or coercion to 
 10.15  accomplish the contact; 
 10.16     (ii) the complainant suffered personal injury; or 
 10.17     (iii) the sexual abuse involved multiple acts committed 
 10.18  over an extended period of time.  
 10.19     Neither mistake as to the complainant's age nor consent to 
 10.20  the act by the complainant is a defense; 
 10.21     (h) the actor is a psychotherapist and the complainant is a 
 10.22  patient of the psychotherapist and the sexual contact occurred: 
 10.23     (i) during the psychotherapy session; or 
 10.24     (ii) outside the psychotherapy session if an ongoing 
 10.25  psychotherapist-patient relationship exists.  Consent by the 
 10.26  complainant is not a defense; 
 10.27     (i) the actor is a psychotherapist and the complainant is a 
 10.28  former patient of the psychotherapist and the former patient is 
 10.29  emotionally dependent upon the psychotherapist; 
 10.30     (j) the actor is a psychotherapist and the complainant is a 
 10.31  patient or former patient and the sexual contact occurred by 
 10.32  means of therapeutic deception.  Consent by the complainant is 
 10.33  not a defense; 
 10.34     (k) the actor accomplishes the sexual contact by means of 
 10.35  deception or false representation that the contact is for a bona 
 10.36  fide medical purpose.  Consent by the complainant is not a 
 11.1   defense; or 
 11.2      (1) the actor is or purports to be a member of the clergy, 
 11.3   the complainant is not married to the actor, and: 
 11.4      (i) the sexual contact occurred during the course of a 
 11.5   meeting in which the complainant sought or received religious or 
 11.6   spiritual advice, aid, or comfort from the actor in private; or 
 11.7      (ii) the sexual contact occurred during a period of time in 
 11.8   which the complainant was meeting on an ongoing basis with the 
 11.9   actor to seek or receive religious or spiritual advice, aid, or 
 11.10  comfort in private.  Consent by the complainant is not a 
 11.11  defense; or 
 11.12     (m) the actor is an employee, contract personnel, or 
 11.13  volunteer of a state, county, or city adult or juvenile 
 11.14  correctional system, including, but not limited to, jails, 
 11.15  prisons, detention centers, or work release facilities, and the 
 11.16  complainant is a resident of a facility or under supervision of 
 11.17  the correctional system.  Consent by the complainant is not a 
 11.18  defense. 
 11.19     Sec. 12.  Minnesota Statutes 2000, section 611A.19, is 
 11.20  amended to read: 
 11.21     611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY 
 11.22  VIRUS.] 
 11.23     Subdivision 1.  [TESTING ON REQUEST OF VICTIM.] (a) Upon 
 11.24  the request or with the consent of the victim, the prosecutor 
 11.25  shall make a motion in camera and the sentencing court shall 
 11.26  issue an order requiring an adult convicted of or a juvenile 
 11.27  adjudicated delinquent for violating section 609.342 (criminal 
 11.28  sexual conduct in the first degree), 609.343 (criminal sexual 
 11.29  conduct in the second degree), 609.344 (criminal sexual conduct 
 11.30  in the third degree), 609.345 (criminal sexual conduct in the 
 11.31  fourth degree), or any other violent crime, as defined in 
 11.32  section 609.1095, to submit to testing to determine the presence 
 11.33  of human immunodeficiency virus (HIV) antibody if:  
 11.34     (1) the crime involved sexual penetration, however slight, 
 11.35  as defined in section 609.341, subdivision 12; or 
 11.36     (2) evidence exists that the broken skin or mucous membrane 
 12.1   of the victim was exposed to or had contact with the offender's 
 12.2   semen or blood during the commission of the crime in a manner 
 12.3   which has been demonstrated epidemiologically to transmit the 
 12.4   human immunodeficiency virus (HIV).  
 12.5      (b) When the court orders an offender to submit to testing 
 12.6   under paragraph (a), the court shall order that the test be 
 12.7   performed by an appropriate health professional who is trained 
 12.8   to provide the counseling described in section 144.7414, and 
 12.9   that no reference to the test, the motion requesting the test, 
 12.10  the test order, or the test results may appear in the criminal 
 12.11  record or be maintained in any record of the court or court 
 12.12  services, except in the medical record maintained by the 
 12.13  department of corrections.  
 12.14     Subd. 2.  [DISCLOSURE OF TEST RESULTS.] The date and 
 12.15  results of a test performed under subdivision 1 are private data 
 12.16  as defined in section 13.02, subdivision 12, when maintained by 
 12.17  a person subject to chapter 13, or may be released only with the 
 12.18  subject's consent, if maintained by a person not subject to 
 12.19  chapter 13.  The results are available, on request, to the 
 12.20  victim or, if the victim is a minor, to the victim's parent or 
 12.21  guardian and positive test results shall be reported to the 
 12.22  commissioner of health.  Any test results given to a victim or 
 12.23  victim's parent or guardian shall be provided by a health 
 12.24  professional who is trained to provide the counseling described 
 12.25  in section 144.7414.  Data regarding administration and results 
 12.26  of the test are not accessible to any other person for any 
 12.27  purpose and shall not be maintained in any record of the court 
 12.28  or court services or any other record.  After the test results 
 12.29  are given to the victim or the victim's parent or guardian, data 
 12.30  on the test must be removed from any medical data or health 
 12.31  records maintained under section 13.384 or 144.335 and 
 12.32  destroyed, except for those medical records maintained by the 
 12.33  department of corrections. 
 12.34     Sec. 13.  [EFFECTIVE DATE.] 
 12.35     Sections 10 and 11 are effective August 1, 2001, and apply 
 12.36  to crimes committed on or after that date.