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HF 1792

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:13pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; establishing a Task Force on the Collection of Prosecutorial
Data; requiring a report; appropriating money.

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

Section 1. new text beginTASK FORCE ON THE COLLECTION OF PROSECUTORIAL DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Task Force on the Collection of Prosecutorial Data
is established to identify data that should be collected and analyzed to determine the ways
in which individuals are charged and prosecuted in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

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

new text begin (1) the attorney general or a designee;
new text end

new text begin (2) the chief justice of the supreme court or a designee;
new text end

new text begin (3) the state public defender or a designee;
new text end

new text begin (4) the superintendent of the Bureau of Criminal Apprehension or a designee;
new text end

new text begin (5) the executive director of the Minnesota Sentencing Guidelines Commission;
new text end

new text begin (6) one probation officer appointed by the commissioner of corrections;
new text end

new text begin (7) one probation officer appointed by the Minnesota Association of Community
Corrections Act Counties;
new text end

new text begin (8) three county attorneys appointed by the board of directors of the Minnesota County
Attorneys Association, of whom at least one must be from a county other than a metropolitan
county as defined in Minnesota Statutes, section 473.121, subdivision 4, and one must
practice primarily in juvenile delinquency proceedings; and
new text end

new text begin (9) one city attorney appointed by the attorney general.
new text end

new text begin (b) Members of the task force serve without compensation.
new text end

new text begin (c) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The attorney general shall convene the first meeting of the task force no later than
September 1, 2021.
new text end

new text begin (c) The task force shall meet at least quarterly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin Subd. 4. new text end

new text begin Staff. new text end

new text begin The attorney general shall provide meeting space and administrative
assistance as necessary for the task force to conduct its work.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The duties of the task force shall, at a minimum, include:
new text end

new text begin (1) determining what data are generated when prosecutors make decisions on initial
criminal charges and amended criminal charges;
new text end

new text begin (2) assessing what factors prosecutorial offices use to make decisions about what criminal
charges to bring, dismiss, or amend;
new text end

new text begin (3) determining what data are generated when a defendant is referred for pretrial
diversion;
new text end

new text begin (4) assessing what factors prosecutorial offices use to recommend or support referring
a defendant for pretrial services;
new text end

new text begin (5) determining what additional information should be collected to accurately track
decisions made by prosecutorial offices regarding bringing and amending criminal charges
and offering pretrial diversion;
new text end

new text begin (6) examining how data could be best collected and reported, including whether the data
should be reported to a central location and, if so, what location; and
new text end

new text begin (7) assessing whether data should be collected in cases where the highest charge is a
gross misdemeanor or misdemeanor and in cases involving delinquency petitions.
new text end

new text begin (b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin By January 15, 2023, the task force shall report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy on the work of the task force. The report shall include
recommendations for legislative action, if needed.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required by
subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end

Sec. 2. new text beginTASK FORCE ON THE COLLECTION OF PROSECUTORIAL DATA;
APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the attorney general to provide meeting space and administrative support to the Task
Force on the Collection of Prosecutorial Data.
new text end