HF 2688

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; authorizing disclosure 
  1.3             of information about sex offenders; imposing 
  1.4             additional registration requirements on sex offenders; 
  1.5             establishing procedures for felony offenders who seek 
  1.6             name changes; eliminating the statute of limitations 
  1.7             for certain offenses; expanding the crime of 
  1.8             solicitation to engage in sexual conduct; providing 
  1.9             criminal penalties; clarifying the expungement law; 
  1.10            making certain data about sex offenders available to 
  1.11            law enforcement; clarifying the scope of the community 
  1.12            notification law; authorizing release of information 
  1.13            about sex offenders residing in treatment facilities; 
  1.14            providing for criminal justice information systems 
  1.15            technology; changing the membership of the criminal 
  1.16            and juvenile justice information policy group; 
  1.17            authorizing the purchase and distribution of criminal 
  1.18            justice technology infrastructure; appropriating 
  1.19            money; amending Minnesota Statutes 1998, sections 
  1.20            13.54, subdivision 6; 243.166, subdivisions 3, 5, 7, 
  1.21            and by adding subdivisions; 244.052, as amended; 
  1.22            244.10, subdivision 2a; 259.11; 299C.65, subdivision 
  1.23            1, and by adding a subdivision; 517.08, subdivisions 
  1.24            1a and 1b; 518.27; 609.352, subdivisions 1 and 2; 
  1.25            609.749, subdivision 2; 609.795, subdivision 1; 
  1.26            609A.03; and 628.26; Minnesota Statutes 1999 
  1.27            Supplement, sections 13.46, subdivision 2; 243.166, 
  1.28            subdivisions 1, 2, 4, and 6; and 299C.65, subdivisions 
  1.29            2 and 8; proposing coding for new law in Minnesota 
  1.30            Statutes, chapters 176; 243; 259; 299C; and 609. 
  1.31  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.32                             ARTICLE 1 
  1.33                PREDATORY OFFENDER REGISTRATION AND 
  1.34                 COMMUNITY NOTIFICATION PROVISIONS 
  1.35     Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.36  243.166, subdivision 1, is amended to read: 
  1.37     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
  1.38  register under this section if:  
  2.1      (1) the person was charged with or petitioned for a felony 
  2.2   violation of or attempt to violate any of the following, and 
  2.3   convicted of or adjudicated delinquent for that offense or 
  2.4   another offense arising out of the same set of circumstances: 
  2.5      (i) murder under section 609.185, clause (2); or 
  2.6      (ii) kidnapping under section 609.25; or 
  2.7      (iii) criminal sexual conduct under section 609.342; 
  2.8   609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
  2.9      (iv) indecent exposure under section 617.23, subdivision 3; 
  2.10  or 
  2.11     (2) the person was charged with or petitioned for falsely 
  2.12  imprisoning a minor in violation of section 609.255, subdivision 
  2.13  2; soliciting a minor to engage in prostitution in violation of 
  2.14  section 609.322 or 609.324; soliciting a minor to engage in 
  2.15  sexual conduct in violation of section 609.352; using a minor in 
  2.16  a sexual performance in violation of section 617.246; or 
  2.17  possessing pictorial representations of minors in violation of 
  2.18  section 617.247, and convicted of or adjudicated delinquent for 
  2.19  that offense or another offense arising out of the same set of 
  2.20  circumstances; or 
  2.21     (3) the person was convicted of a predatory crime as 
  2.22  defined in section 609.108, and the offender was sentenced as a 
  2.23  patterned sex offender or the court found on its own motion or 
  2.24  that of the prosecutor that the crime was part of a predatory 
  2.25  pattern of behavior that had criminal sexual conduct as its 
  2.26  goal; or 
  2.27     (4) the person was convicted of or adjudicated delinquent 
  2.28  for, including pursuant to a court martial, violating a law of 
  2.29  the United States, including the Uniform Code of Military 
  2.30  Justice, similar to the offenses described in clause (1), (2), 
  2.31  or (3). 
  2.32     (b) A person also shall register under this section if: 
  2.33     (1) the person was convicted of or adjudicated delinquent 
  2.34  in another state for an offense that would be a violation of a 
  2.35  law described in paragraph (a) if committed in this state; 
  2.36     (2) the person enters the state as required in subdivision 
  3.1   3, paragraph (b) to reside, or to work or attend school; and 
  3.2      (3) ten years have not elapsed since the person was 
  3.3   released from confinement or, if the person was not confined, 
  3.4   since the person was convicted of or adjudicated delinquent for 
  3.5   the offense that triggers registration.  
  3.6   For purposes of this paragraph: 
  3.7      (i) "school" includes any public or private educational 
  3.8   institution, including any secondary school, trade or 
  3.9   professional institution, or institution of higher education, 
  3.10  that the person is enrolled in on a full-time or part-time 
  3.11  basis; and 
  3.12     (ii) "work" includes employment that is full time or part 
  3.13  time for a period of time exceeding 14 days or for an aggregate 
  3.14  period of time exceeding 30 days during any calendar year, 
  3.15  whether financially compensated, volunteered, or for the purpose 
  3.16  of government or educational benefit. 
  3.17     (c) A person also shall register under this section if the 
  3.18  person was committed pursuant to a court commitment order under 
  3.19  section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
  3.20  a similar law of another state or the United States, regardless 
  3.21  of whether the person was convicted of any offense. 
  3.22     (d) A person also shall register under this section if: 
  3.23     (1) the person was charged with or petitioned for a felony 
  3.24  violation or attempt to violate any of the offenses listed in 
  3.25  paragraph (a), clause (1), or a similar law of another state or 
  3.26  federal jurisdiction the United States, or the person was 
  3.27  charged with or petitioned for a violation of any of the 
  3.28  offenses listed in paragraph (a), clause (2), or a similar law 
  3.29  of another state or federal jurisdiction the United States; 
  3.30     (2) the person was found not guilty by reason of mental 
  3.31  illness or mental deficiency after a trial for that offense, or 
  3.32  found guilty but mentally ill after a trial for that offense, in 
  3.33  states with a guilty but mentally ill verdict; and 
  3.34     (3) the person was committed pursuant to a court commitment 
  3.35  order under section 253B.18 or a similar law of another state or 
  3.36  federal jurisdiction the United States. 
  4.1      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  4.2   243.166, subdivision 2, is amended to read: 
  4.3      Subd. 2.  [NOTICE.] When a person who is required to 
  4.4   register under subdivision 1, paragraph (a), is sentenced or 
  4.5   becomes subject to a juvenile court disposition order, the court 
  4.6   shall tell the person of the duty to register under this section 
  4.7   and that, if the person fails to comply with the registration 
  4.8   requirements, information about the offender may be made 
  4.9   available to the public through electronic, computerized, or 
  4.10  other accessible means.  The court may not modify the person's 
  4.11  duty to register in the pronounced sentence or disposition 
  4.12  order.  The court shall require the person to read and sign a 
  4.13  form stating that the duty of the person to register under this 
  4.14  section has been explained.  The court shall forward the signed 
  4.15  sex offender registration form, the complaint, and sentencing 
  4.16  documents to the bureau of criminal apprehension.  If a person 
  4.17  required to register under subdivision 1, paragraph (a), was not 
  4.18  notified by the court of the registration requirement at the 
  4.19  time of sentencing or disposition, the assigned corrections 
  4.20  agent shall notify the person of the requirements of this 
  4.21  section.  When a person who is required to register under 
  4.22  subdivision 1, paragraph (c) or (d), is released from 
  4.23  commitment, the treatment facility shall notify the person of 
  4.24  the requirements of this section.  The treatment facility shall 
  4.25  also obtain the registration information required under this 
  4.26  section and forward it to the bureau of criminal apprehension. 
  4.27     Sec. 3.  Minnesota Statutes 1998, section 243.166, 
  4.28  subdivision 3, is amended to read: 
  4.29     Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
  4.30  to register under this section shall register with the 
  4.31  corrections agent as soon as the agent is assigned to the 
  4.32  person.  If the person does not have an assigned corrections 
  4.33  agent or is unable to locate the assigned corrections agent, the 
  4.34  person shall register with the law enforcement agency that has 
  4.35  jurisdiction in the area of the person's residence. 
  4.36     (b) At least five days before the person starts living at a 
  5.1   new address, including living in another state, the person shall 
  5.2   give written notice of the new living address to the assigned 
  5.3   corrections agent or to the law enforcement authority with which 
  5.4   the person currently is registered.  If the person will be 
  5.5   living in a new state and that state has a registration 
  5.6   requirement, the person shall also give written notice of the 
  5.7   new address to the designated registration agency in the new 
  5.8   state.  The corrections agent or law enforcement authority 
  5.9   shall, within two business days after receipt of this 
  5.10  information, forward it to the bureau of criminal apprehension.  
  5.11  The bureau of criminal apprehension shall, if it has not already 
  5.12  been done, notify the law enforcement authority having primary 
  5.13  jurisdiction in the community where the person will live of the 
  5.14  new address.  If the person is leaving the state, the bureau of 
  5.15  criminal apprehension shall notify the registration authority in 
  5.16  the new state of the new address. 
  5.17     (c) A person required to register under subdivision 1, 
  5.18  paragraph (b), because the person is working or attending school 
  5.19  in Minnesota shall register with the law enforcement agency that 
  5.20  has jurisdiction in the area where the person works or attends 
  5.21  school.  In addition to other information required by this 
  5.22  section, the person shall provide the address of the school or 
  5.23  of the location where the person is employed.  A person must 
  5.24  comply with this paragraph within five days of beginning 
  5.25  employment or school. 
  5.26     (d) A person required to register under this section who 
  5.27  works or attends school outside of Minnesota shall register as a 
  5.28  predatory offender in the state where the person works or 
  5.29  attends school.  The person's corrections agent, or if the 
  5.30  person does not have an assigned corrections agent, the law 
  5.31  enforcement authority that has jurisdiction in the area of the 
  5.32  person's residence shall notify the person of this requirement. 
  5.33     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
  5.34  243.166, subdivision 4, is amended to read: 
  5.35     Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
  5.36  provided to the corrections agent or law enforcement authority, 
  6.1   must consist of a statement in writing signed by the person, 
  6.2   giving information required by the bureau of criminal 
  6.3   apprehension, a fingerprint card, and photograph of the person 
  6.4   taken at the time of the person's release from incarceration or, 
  6.5   if the person was not incarcerated, at the time the person 
  6.6   initially registered under this section.  The registration 
  6.7   information also must include a written consent form signed by 
  6.8   the person allowing a treatment facility to release information 
  6.9   to a law enforcement officer about the person's admission to, or 
  6.10  residence in, a treatment facility.  Registration information on 
  6.11  adults and juveniles may be maintained together notwithstanding 
  6.12  section 260B.171, subdivision 3.  
  6.13     (b) For persons required to register under subdivision 1, 
  6.14  paragraph (c), following commitment pursuant to a court 
  6.15  commitment under section 253B.185 or a similar law of another 
  6.16  state or the United States, in addition to other information 
  6.17  required by this section, the registration provided to the 
  6.18  corrections agent or law enforcement authority must include the 
  6.19  person's offense history and documentation of treatment received 
  6.20  during the person's commitment.  This documentation shall be 
  6.21  limited to a statement of how far the person progressed in 
  6.22  treatment during commitment.  
  6.23     (c) Within three days of receipt, the corrections agent or 
  6.24  law enforcement authority shall forward the statement, 
  6.25  fingerprint card, and photograph registration information to the 
  6.26  bureau of criminal apprehension.  The bureau shall ascertain 
  6.27  whether the person has registered with the law enforcement 
  6.28  authority where the person resides.  If the person has not 
  6.29  registered with the law enforcement authority, the bureau shall 
  6.30  send one copy to that authority.  
  6.31     (c) (d) During the period a person is required to register 
  6.32  under this section, the following shall apply: 
  6.33     (1) Each year, within 30 days of the anniversary date of 
  6.34  the person's initial registration, The bureau of criminal 
  6.35  apprehension shall mail a verification form to the last reported 
  6.36  address of the person person's residence.  This verification 
  7.1   form shall provide notice to the offender that, if the offender 
  7.2   does not return the verification form as required, information 
  7.3   about the offender may be made available to the public through 
  7.4   electronic, computerized, or other accessible means. 
  7.5      (2) The person shall mail the signed verification form back 
  7.6   to the bureau of criminal apprehension within ten days after 
  7.7   receipt of the form, stating on the form the current and last 
  7.8   address of the person person's residence and other addresses 
  7.9   required under subdivision 4a. 
  7.10     (3) If the person fails to mail the completed and signed 
  7.11  verification form to the bureau of criminal apprehension within 
  7.12  ten days after receipt of the form, the person shall be in 
  7.13  violation of this section. 
  7.14  For persons required to register under subdivision 1, paragraph 
  7.15  (c), following commitment pursuant to a court commitment under 
  7.16  section 253B.185 or a similar law of another state or the United 
  7.17  States, the bureau shall comply with clause (1) at least four 
  7.18  times each year.  For all other persons required to register 
  7.19  under this section, the bureau shall comply with clause (1) each 
  7.20  year within 30 days of the anniversary date of the person's 
  7.21  initial registration. 
  7.22     (e) When sending out a verification form, the bureau of 
  7.23  criminal apprehension must determine whether the person to whom 
  7.24  the verification form is being sent has signed a written consent 
  7.25  form as provided for in paragraph (a).  If the person has not 
  7.26  signed such a consent form, the bureau of criminal apprehension 
  7.27  must send a written consent form to the person along with the 
  7.28  verification form.  A person who receives this written consent 
  7.29  form must return it to the bureau of criminal apprehension at 
  7.30  the same time as the verification form. 
  7.31     (f) For the purposes of this subdivision, "treatment 
  7.32  facility" means a residential facility, as defined in section 
  7.33  244.052, subdivision 1, and residential chemical dependency 
  7.34  treatment programs and halfway houses licensed under chapter 
  7.35  245A, including, but not limited to, those facilities directly 
  7.36  or indirectly assisted by any department or agency of the United 
  8.1   States. 
  8.2      Sec. 5.  Minnesota Statutes 1998, section 243.166, is 
  8.3   amended by adding a subdivision to read: 
  8.4      Subd. 4a.  [ADDITIONAL INFORMATION REQUIRED TO BE 
  8.5   PROVIDED.] (a) A person required to register under this section 
  8.6   shall provide to the corrections agent or law enforcement 
  8.7   authority: 
  8.8      (1) the address of the person's primary residence; 
  8.9      (2) the addresses of all of the person's secondary 
  8.10  residences, including all addresses used for residential or 
  8.11  recreational purposes; 
  8.12     (3) the addresses of all property owned, leased, or rented 
  8.13  by the person; 
  8.14     (4) the addresses of all locations where the person is 
  8.15  employed; 
  8.16     (5) the addresses of all residences where the person 
  8.17  resides while attending school; and 
  8.18     (6) the year, model, make, and color of all motor vehicles 
  8.19  owned or regularly operated by the person. 
  8.20     (b) The person shall report to the agent or authority 
  8.21  information required to be provided under paragraph (a), clauses 
  8.22  (2) to (6), within five days of the date the clause becomes 
  8.23  applicable.  If because of a change in circumstances the clause 
  8.24  no longer applies to previously reported information, the person 
  8.25  shall immediately inform the agent or authority that the 
  8.26  information is no longer valid. 
  8.27     Sec. 6.  Minnesota Statutes 1998, section 243.166, 
  8.28  subdivision 5, is amended to read: 
  8.29     Subd. 5.  [CRIMINAL PENALTY.] A person required to register 
  8.30  under this section who knowingly violates any of its provisions 
  8.31  or intentionally provides false information to a corrections 
  8.32  agent, law enforcement authority, or the bureau of criminal 
  8.33  apprehension is guilty of a gross misdemeanor felony and may be 
  8.34  sentenced to imprisonment for not more than two years or to 
  8.35  payment of a fine of not more than $4,000, or both.  A person 
  8.36  convicted of or adjudicated delinquent for violating this 
  9.1   section who previously has been convicted under this section is 
  9.2   guilty of a felony and may be sentenced to imprisonment for not 
  9.3   more than five years or to payment of a fine of not more than 
  9.4   $10,000, or both.  
  9.5      Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  9.6   243.166, subdivision 6, is amended to read: 
  9.7      Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
  9.8   provisions of section 609.165, subdivision 1, and except as 
  9.9   provided in paragraphs (b), (c), (d), and (e), a person required 
  9.10  to register under this section shall continue to comply with 
  9.11  this section until ten years have elapsed since the person 
  9.12  initially registered in connection with the offense, or until 
  9.13  the probation, supervised release, or conditional release period 
  9.14  expires, whichever occurs later.  For a person required to 
  9.15  register under this section who is committed under section 
  9.16  253B.18 or 253B.185, the ten-year registration period does not 
  9.17  include the period of commitment. 
  9.18     (b) Unless a longer registration period is required by law, 
  9.19  a person required to register under this section who was 
  9.20  initially assigned to risk level II or III under section 244.052 
  9.21  shall continue to comply with this section until 20 years have 
  9.22  elapsed since the person initially registered in connection with 
  9.23  the offense, or until the probation, supervised release, or 
  9.24  conditional release period expires, whichever occurs later. 
  9.25     (c) If a person required to register under this section 
  9.26  fails to register following a change in residence, the 
  9.27  commissioner of public safety may require the person to continue 
  9.28  to register for an additional period of five years.  
  9.29     (d) If a person is incarcerated in a state correctional 
  9.30  facility for any new offense or any violation of the person's 
  9.31  supervised release or conditional release after the person first 
  9.32  is required to register under this section, the person shall 
  9.33  continue to register until ten years have elapsed since the 
  9.34  person was last released from incarceration or until the 
  9.35  person's probation, supervised release, or conditional release 
  9.36  period expires, whichever occurs later. 
 10.1      (e) A person shall continue to comply with this section for 
 10.2   the life of that person:  
 10.3      (1) if the person is convicted of or adjudicated delinquent 
 10.4   for any offense for which registration is required under 
 10.5   subdivision 1, or any offense from another state or any federal 
 10.6   offense similar to the offenses described in subdivision 1, and 
 10.7   the person has a prior conviction or adjudication for an offense 
 10.8   arising out of a separate course of conduct for which 
 10.9   registration was required under subdivision 1, or an offense 
 10.10  from another state or a federal offense similar to an offense 
 10.11  described in subdivision 1; 
 10.12     (2) if the person is required to register based upon a 
 10.13  conviction of or adjudication for delinquency for an offense 
 10.14  under section 609.185, clause (2); 609.342, subdivision 1, 
 10.15  paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 
 10.16  1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 
 10.17  subdivision 1, paragraph (a), (c), or (g); or 609.345, 
 10.18  subdivision 1, paragraph (a), (c), or (g); or a statute from 
 10.19  another state or the United States similar to the offenses 
 10.20  described in this clause; or 
 10.21     (3) if the person is required to register under subdivision 
 10.22  1, paragraph (c), following commitment pursuant to a court 
 10.23  commitment under section 253B.185 or a similar law of another 
 10.24  state or the United States. 
 10.25     Sec. 8.  Minnesota Statutes 1998, section 243.166, 
 10.26  subdivision 7, is amended to read: 
 10.27     Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 10.28  provided in section subdivision 7a and sections 244.052 and 
 10.29  299C.093, the information provided under this section is private 
 10.30  data on individuals under section 13.01 13.02, subdivision 12.  
 10.31  The information may be used only for law enforcement purposes.  
 10.32     Sec. 9.  Minnesota Statutes 1998, section 243.166, is 
 10.33  amended by adding a subdivision to read: 
 10.34     Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
 10.35  ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
 10.36  criminal apprehension may make information available to the 
 11.1   public about offenders who are out of compliance with this 
 11.2   section.  This information may be made available to the public 
 11.3   through electronic, computerized, or other accessible means.  
 11.4   The amount and type of information made available shall be 
 11.5   limited to the information necessary for the public to assist 
 11.6   law enforcement in locating the offender. 
 11.7      (b) Before making information available to the public under 
 11.8   paragraph (a), the bureau of criminal apprehension shall send a 
 11.9   notice to an offender who is out of compliance with the law that 
 11.10  information about the offender may be made public unless the 
 11.11  offender complies with this section within ten days of the 
 11.12  notice's postmark date.  If the offender comes into compliance 
 11.13  with this section within this time period, information about the 
 11.14  offender shall not be made public, but the offender remains 
 11.15  subject to the criminal penalties provided in subdivision 5. 
 11.16     (c) An offender who comes into compliance with this section 
 11.17  after the bureau of criminal apprehension discloses information 
 11.18  about the offender to the public may send a written request to 
 11.19  the bureau requesting the bureau to treat information about the 
 11.20  offender as private data, consistent with subdivision 7.  The 
 11.21  bureau shall review the request and promptly take reasonable 
 11.22  action to treat the data as private, or promptly notify the 
 11.23  offender that the information will continue to be treated as 
 11.24  public information and the reasons for the bureau's decision. 
 11.25     (d) If an offender believes the information made public 
 11.26  about the offender is inaccurate or incomplete, the offender may 
 11.27  request the bureau of criminal apprehension to correct the 
 11.28  information.  If the bureau finds the information is inaccurate 
 11.29  or incomplete, the bureau shall correct or supplement the 
 11.30  information. 
 11.31     Sec. 10.  [243.167] [REGISTRATION UNDER THE PREDATORY 
 11.32  OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.] 
 11.33     (a) In addition to the requirements of section 243.166, a 
 11.34  person also shall register under section 243.166 if: 
 11.35     (1) the person is convicted of a crime against the person, 
 11.36  as defined in paragraph (c); and 
 12.1      (2) the person was previously convicted of or adjudicated 
 12.2   delinquent for an offense listed in section 243.166, subdivision 
 12.3   1, paragraph (a), but was not required to register for the 
 12.4   offense because the registration requirements of that section 
 12.5   did not apply to the person at the time the offense was 
 12.6   committed or at the time the person was released from 
 12.7   imprisonment. 
 12.8      (b) A person who was previously required to register under 
 12.9   section 243.166 and who has completed the registration 
 12.10  requirements of that section shall again register under section 
 12.11  243.166 if the person commits a crime against the person, as 
 12.12  defined in paragraph (c). 
 12.13     (c) As used in this section, "crime against the person" 
 12.14  means a violation of any of the following:  section 609.165; 
 12.15  609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 
 12.16  609.223; 609.224, subdivision 2; 609.2242, subdivision 2 or 4; 
 12.17  609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, 
 12.18  subdivision 2; 609.498, subdivision 1; 609.582, subdivision 1; 
 12.19  or 617.23, subdivision 2; or any felony-level violation of 
 12.20  section 609.229; 609.377; 609.749; or 624.713. 
 12.21     Sec. 11.  Minnesota Statutes 1998, section 244.052, as 
 12.22  amended by Laws 1999, chapters 86, article 1, section 82; 216, 
 12.23  article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5, 
 12.24  is amended to read: 
 12.25     244.052 [SEX PREDATORY OFFENDERS; NOTICE.] 
 12.26     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 12.27     (1) "confinement" means confinement in a state correctional 
 12.28  facility or a state treatment facility; 
 12.29     (2) "law enforcement agency" means the law enforcement 
 12.30  agency having primary jurisdiction over the location where the 
 12.31  offender expects to reside upon release; 
 12.32     (3) "residential facility" means a facility that is 
 12.33  licensed as a residential program, as defined in section 
 12.34  245A.02, subdivision 14, by the commissioner of human services 
 12.35  under chapter 245A, or the commissioner of corrections under 
 12.36  section 241.021, whose staff are trained in the supervision of 
 13.1   sex offenders; and 
 13.2      (4) "sex predatory offender" and "offender" mean a person 
 13.3   who has been: 
 13.4      (i) convicted of an offense for which registration under 
 13.5   section 243.166 is required; 
 13.6      (ii) committed pursuant to a court commitment order under 
 13.7   section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 13.8   regardless of whether the person was convicted of any offense; 
 13.9   or 
 13.10     (iii) committed pursuant to a court commitment order under 
 13.11  section 253B.18, under the circumstances described in section 
 13.12  243.166, subdivision 1, paragraph (d) is required to register as 
 13.13  a predatory offender under section 243.166.  However, the terms 
 13.14  do not include persons required to register based solely on a 
 13.15  delinquency adjudication. 
 13.16     Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
 13.17  commissioner of corrections shall develop a risk assessment 
 13.18  scale which assigns weights to the various risk factors listed 
 13.19  in subdivision 3, paragraph (g), and specifies the risk level to 
 13.20  which offenders with various risk assessment scores shall be 
 13.21  assigned.  In developing this scale, the commissioner shall 
 13.22  consult with county attorneys, treatment professionals, law 
 13.23  enforcement officials, and probation officers. 
 13.24     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 13.25  commissioner of corrections shall establish and administer 
 13.26  end-of-confinement review committees at each state correctional 
 13.27  facility and at each state treatment facility where sex 
 13.28  predatory offenders are confined.  The committees shall assess 
 13.29  on a case-by-case basis the public risk posed by sex predatory 
 13.30  offenders who are about to be released from confinement. 
 13.31     (b) Each committee shall be a standing committee and shall 
 13.32  consist of the following members appointed by the commissioner: 
 13.33     (1) the chief executive officer or head of the correctional 
 13.34  or treatment facility where the offender is currently confined, 
 13.35  or that person's designee; 
 13.36     (2) a law enforcement officer; 
 14.1      (3) a treatment professional who is trained in the 
 14.2   assessment of sex offenders; 
 14.3      (4) a caseworker experienced in supervising sex offenders; 
 14.4   and 
 14.5      (5) a victim's services professional. 
 14.6      Members of the committee, other than the facility's chief 
 14.7   executive officer or head, shall be appointed by the 
 14.8   commissioner to two-year terms.  The chief executive officer or 
 14.9   head of the facility or designee shall act as chair of the 
 14.10  committee and shall use the facility's staff, as needed, to 
 14.11  administer the committee, obtain necessary information from 
 14.12  outside sources, and prepare risk assessment reports on 
 14.13  offenders. 
 14.14     (c) The committee shall have access to the following data 
 14.15  on a sex predatory offender only for the purposes of its 
 14.16  assessment and to defend the committee's risk assessment 
 14.17  determination upon administrative review under this section: 
 14.18     (1) private medical data under section 13.42 or 144.335, or 
 14.19  welfare data under section 13.46 that relate to medical 
 14.20  treatment of the offender; 
 14.21     (2) private and confidential court services data under 
 14.22  section 13.84; 
 14.23     (3) private and confidential corrections data under section 
 14.24  13.85; and 
 14.25     (4) private criminal history data under section 13.87. 
 14.26     Data collected and maintained by the committee under this 
 14.27  paragraph may not be disclosed outside the committee, except as 
 14.28  provided under section 13.05, subdivision 3 or 4.  The sex 
 14.29  predatory offender has access to data on the offender collected 
 14.30  and maintained by the committee, unless the data are 
 14.31  confidential data received under this paragraph. 
 14.32     (d)(i) Except as otherwise provided in item (ii), at least 
 14.33  90 days before a sex predatory offender is to be released from 
 14.34  confinement, the commissioner of corrections shall convene the 
 14.35  appropriate end-of-confinement review committee for the purpose 
 14.36  of assessing the risk presented by the offender and determining 
 15.1   the risk level to which the offender shall be assigned under 
 15.2   paragraph (e).  The offender and the law enforcement agency that 
 15.3   was responsible for the charge resulting in confinement shall be 
 15.4   notified of the time and place of the committee's meeting.  The 
 15.5   offender has a right to be present and be heard at the meeting.  
 15.6   The law enforcement agency may provide material in writing that 
 15.7   is relevant to the offender's risk level to the chair of the 
 15.8   committee.  The committee shall use the risk factors described 
 15.9   in paragraph (g) and the risk assessment scale developed under 
 15.10  subdivision 2 to determine the offender's risk assessment score 
 15.11  and risk level.  Offenders scheduled for release from 
 15.12  confinement shall be assessed by the committee established at 
 15.13  the facility from which the offender is to be released.  
 15.14     (ii) If an offender is received for confinement in a 
 15.15  facility with less than 90 days remaining in the offender's term 
 15.16  of confinement, the offender's risk shall be assessed at the 
 15.17  first regularly scheduled end of confinement review committee 
 15.18  that convenes after the appropriate documentation for the risk 
 15.19  assessment is assembled by the committee.  The commissioner 
 15.20  shall make reasonable efforts to ensure that offender's risk is 
 15.21  assessed and a risk level is assigned or reassigned at least 30 
 15.22  days before the offender's release date. 
 15.23     (e) The committee shall assign to risk level I a sex 
 15.24  predatory offender whose risk assessment score indicates a low 
 15.25  risk of reoffense.  The committee shall assign to risk level II 
 15.26  an offender whose risk assessment score indicates a moderate 
 15.27  risk of reoffense.  The committee shall assign to risk level III 
 15.28  an offender whose risk assessment score indicates a high risk of 
 15.29  reoffense. 
 15.30     (f) Before the sex predatory offender is released from 
 15.31  confinement, the committee shall prepare a risk assessment 
 15.32  report which specifies the risk level to which the offender has 
 15.33  been assigned and the reasons underlying the committee's risk 
 15.34  assessment decision.  The committee shall give the report to the 
 15.35  offender and to the law enforcement agency at least 60 days 
 15.36  before an offender is released from confinement.  If the risk 
 16.1   assessment is performed under the circumstances described in 
 16.2   paragraph (d), item (ii), the report shall be given to the 
 16.3   offender and the law enforcement agency as soon as it is 
 16.4   available.  The committee also shall inform the offender of the 
 16.5   availability of review under subdivision 6. 
 16.6      (g) As used in this subdivision, "risk factors" includes, 
 16.7   but is not limited to, the following factors: 
 16.8      (1) the seriousness of the offense should the offender 
 16.9   reoffend.  This factor includes consideration of the following:  
 16.10     (i) the degree of likely force or harm; 
 16.11     (ii) the degree of likely physical contact; and 
 16.12     (iii) the age of the likely victim; 
 16.13     (2) the offender's prior offense history.  This factor 
 16.14  includes consideration of the following: 
 16.15     (i) the relationship of prior victims to the offender; 
 16.16     (ii) the number of prior offenses or victims; 
 16.17     (iii) the duration of the offender's prior offense history; 
 16.18     (iv) the length of time since the offender's last prior 
 16.19  offense while the offender was at risk to commit offenses; and 
 16.20     (v) the offender's prior history of other antisocial acts; 
 16.21     (3) the offender's characteristics.  This factor includes 
 16.22  consideration of the following:  
 16.23     (i) the offender's response to prior treatment efforts; and 
 16.24     (ii) the offender's history of substance abuse; 
 16.25     (4) the availability of community supports to the offender. 
 16.26  This factor includes consideration of the following: 
 16.27     (i) the availability and likelihood that the offender will 
 16.28  be involved in therapeutic treatment; 
 16.29     (ii) the availability of residential supports to the 
 16.30  offender, such as a stable and supervised living arrangement in 
 16.31  an appropriate location; 
 16.32     (iii) the offender's familial and social relationships, 
 16.33  including the nature and length of these relationships and the 
 16.34  level of support that the offender may receive from these 
 16.35  persons; and 
 16.36     (iv) the offender's lack of education or employment 
 17.1   stability; 
 17.2      (5) whether the offender has indicated or credible evidence 
 17.3   in the record indicates that the offender will reoffend if 
 17.4   released into the community; and 
 17.5      (6) whether the offender demonstrates a physical condition 
 17.6   that minimizes the risk of reoffense, including but not limited 
 17.7   to, advanced age or a debilitating illness or physical condition.
 17.8      (h) Upon the request of the law enforcement agency or the 
 17.9   offender's corrections agent, the commissioner may reconvene the 
 17.10  end-of-confinement review committee for the purpose of 
 17.11  reassessing the risk level to which an offender has been 
 17.12  assigned under paragraph (e).  In a request for a reassessment, 
 17.13  the law enforcement agency which was responsible for the charge 
 17.14  resulting in confinement or agent shall list the facts and 
 17.15  circumstances arising after the initial assignment or facts and 
 17.16  circumstances known to law enforcement or the agent but not 
 17.17  considered by the committee under paragraph (e) which support 
 17.18  the request for a reassessment.  The request for reassessment 
 17.19  must occur within 30 days of receipt of the report indicating 
 17.20  the offender's risk level assignment.  Upon review of the 
 17.21  request, the end-of-confinement review committee may reassign an 
 17.22  offender to a different risk level.  If the offender is 
 17.23  reassigned to a higher risk level, the offender has the right to 
 17.24  seek review of the committee's determination under subdivision 6.
 17.25     (i) An offender may request the end-of-confinement review 
 17.26  committee to reassess the offender's assigned risk level after 
 17.27  two three years have elapsed since the committee's initial risk 
 17.28  assessment and may renew the request once every two years 
 17.29  following subsequent denials.  In a request for reassessment, 
 17.30  the offender shall list the facts and circumstances which 
 17.31  demonstrate that the offender no longer poses the same degree of 
 17.32  risk to the community.  The committee shall follow the process 
 17.33  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 17.34  An offender who is incarcerated may not request a reassessment 
 17.35  under this paragraph. 
 17.36     (j) The commissioner shall establish an end-of-confinement 
 18.1   review committee to assign a risk level to offenders who are 
 18.2   released from a federal correctional facility in Minnesota or 
 18.3   another state and who intend to reside in Minnesota, and to 
 18.4   offenders accepted from another state under a reciprocal 
 18.5   agreement for parole supervision under the interstate compact 
 18.6   authorized by section 243.16.  The committee shall make 
 18.7   reasonable efforts to conform to the same timelines as applied 
 18.8   to Minnesota cases.  Offenders accepted from another state under 
 18.9   a reciprocal agreement for probation supervision are not 
 18.10  assigned a risk level, but are considered downward dispositional 
 18.11  departures.  The probation or court services officer and law 
 18.12  enforcement officer shall manage such cases in accordance with 
 18.13  section 244.10, subdivision 2a.  The policies and procedures of 
 18.14  the committee for federal offenders and interstate compact cases 
 18.15  must be in accordance with all requirements as set forth in this 
 18.16  section, unless restrictions caused by the nature of federal or 
 18.17  interstate transfers prevents such conformance. 
 18.18     (k) If the committee assigns a sex predatory offender to 
 18.19  risk level III, the committee shall determine whether residency 
 18.20  restrictions shall be included in the conditions of the 
 18.21  offender's release based on the offender's pattern of offending 
 18.22  behavior. 
 18.23     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 18.24  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 18.25  area where the sex predatory offender resides, expects to 
 18.26  reside, is employed, or is regularly found, shall disclose to 
 18.27  the public any information regarding the offender contained in 
 18.28  the report forwarded to the agency under subdivision 3, 
 18.29  paragraph (f), that is relevant and necessary to protect the 
 18.30  public and to counteract the offender's dangerousness, 
 18.31  consistent with the guidelines in paragraph (b).  The extent of 
 18.32  the information disclosed and the community to whom disclosure 
 18.33  is made must relate to the level of danger posed by the 
 18.34  offender, to the offender's pattern of offending behavior, and 
 18.35  to the need of community members for information to enhance 
 18.36  their individual and collective safety. 
 19.1      (b) The law enforcement agency shall employ the following 
 19.2   guidelines in determining the scope of disclosure made under 
 19.3   this subdivision: 
 19.4      (1) if the offender is assigned to risk level I, the agency 
 19.5   may maintain information regarding the offender within the 
 19.6   agency and may disclose it to other law enforcement agencies.  
 19.7   Additionally, the agency may disclose the information to any 
 19.8   victims of or witnesses to the offense committed by the 
 19.9   offender. The agency shall disclose the information to victims 
 19.10  of the offense committed by the offender who have requested 
 19.11  disclosure; 
 19.12     (2) if the offender is assigned to risk level II, the 
 19.13  agency also may disclose the information to agencies and groups 
 19.14  that the offender is likely to encounter for the purpose of 
 19.15  securing those institutions and protecting individuals in their 
 19.16  care while they are on or near the premises of the institution.  
 19.17  These agencies and groups include the staff members of public 
 19.18  and private educational institutions, day care establishments, 
 19.19  and establishments and organizations that primarily serve 
 19.20  individuals likely to be victimized by the offender.  The agency 
 19.21  also may disclose the information to individuals the agency 
 19.22  believes are likely to be victimized by the offender.  The 
 19.23  agency's belief shall be based on the offender's pattern of 
 19.24  offending or victim preference as documented in the information 
 19.25  provided by the department of corrections or human services; 
 19.26     (3) if the offender is assigned to risk level III, the 
 19.27  agency shall disclose the information to the persons and 
 19.28  entities described in clauses (1) and (2) and to other members 
 19.29  of the community whom the offender is likely to encounter, 
 19.30  unless the law enforcement agency determines that public safety 
 19.31  would be compromised by the disclosure or that a more limited 
 19.32  disclosure is necessary to protect the identity of the victim. 
 19.33     Notwithstanding the assignment of a sex predatory offender 
 19.34  to risk level II or III, a law enforcement agency may not make 
 19.35  the disclosures permitted or required by clause (2) or (3), if:  
 19.36  the offender is placed or resides in a residential facility.  
 20.1   However, if an offender is placed or resides in a residential 
 20.2   facility, the offender and the head of the facility shall 
 20.3   designate the offender's likely residence upon release from the 
 20.4   facility and the head of the facility shall notify the 
 20.5   commissioner of corrections or the commissioner of human 
 20.6   services of the offender's likely residence at least 14 days 
 20.7   before the offender's scheduled release date.  The commissioner 
 20.8   shall give this information to the law enforcement agency having 
 20.9   jurisdiction over the offender's likely residence.  The head of 
 20.10  the residential facility also shall notify the commissioner of 
 20.11  corrections or human services within 48 hours after finalizing 
 20.12  the offender's approved relocation plan to a permanent 
 20.13  residence.  Within five days after receiving this notification, 
 20.14  the appropriate commissioner shall give to the appropriate law 
 20.15  enforcement agency all relevant information the commissioner has 
 20.16  concerning the offender, including information on the risk 
 20.17  factors in the offender's history and the risk level to which 
 20.18  the offender was assigned.  After receiving this information, 
 20.19  the law enforcement agency shall make the disclosures permitted 
 20.20  or required by clause (2) or (3), as appropriate. 
 20.21     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 20.22  to encounter" means that:  
 20.23     (1) the organizations or community members are in a 
 20.24  location or in close proximity to a location where the offender 
 20.25  lives or is employed, or which the offender visits or is likely 
 20.26  to visit on a regular basis, other than the location of the 
 20.27  offender's outpatient treatment program; and 
 20.28     (2) the types of interaction which ordinarily occur at that 
 20.29  location and other circumstances indicate that contact with the 
 20.30  offender is reasonably certain. 
 20.31     (d) A law enforcement agency or official who discloses 
 20.32  information under this subdivision shall make a good faith 
 20.33  effort to make the notification within 14 days of receipt of a 
 20.34  confirmed address from the department of corrections indicating 
 20.35  that the offender will be, or has been, released from 
 20.36  confinement, or accepted for supervision, or has moved to a new 
 21.1   address and will reside at the address indicated.  If a change 
 21.2   occurs in the release plan, this notification provision does not 
 21.3   require an extension of the release date.  
 21.4      (e) A law enforcement agency or official who discloses 
 21.5   information under this subdivision shall not disclose the 
 21.6   identity or any identifying characteristics of the victims of or 
 21.7   witnesses to the offender's offenses. 
 21.8      (f) A law enforcement agency shall continue to disclose 
 21.9   information on an offender as required by this subdivision for 
 21.10  as long as the offender is required to register under section 
 21.11  243.166. 
 21.12     (g) A law enforcement agency that is disclosing information 
 21.13  on an offender assigned to risk level III to the public under 
 21.14  this subdivision shall inform the commissioner of corrections 
 21.15  what information is being disclosed and forward this information 
 21.16  to the commissioner within two days of the agency's 
 21.17  determination.  The commissioner shall post this information on 
 21.18  the Internet as required in subdivision 4b. 
 21.19     Subd. 4a.  [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.] 
 21.20  When an offender assigned to risk level III is released from 
 21.21  confinement or a residential facility to reside in the community 
 21.22  or changes residence while on supervised or conditional release, 
 21.23  the agency responsible for the offender's supervision shall take 
 21.24  into consideration the proximity of the offender's residence to 
 21.25  that of other level III offenders and, to the greatest extent 
 21.26  feasible, shall mitigate the concentration of level III 
 21.27  offenders. 
 21.28     Subd. 4b.  [LEVEL III OFFENDERS; MANDATORY POSTING OF 
 21.29  INFORMATION ON INTERNET.] The commissioner of corrections shall 
 21.30  create and maintain an Internet Web site and post on the site 
 21.31  the information about offenders assigned to risk level III 
 21.32  forwarded by law enforcement agencies under subdivision 4, 
 21.33  paragraph (g).  This information must be updated in a timely 
 21.34  manner to account for changes in the offender's address and 
 21.35  maintained for the period of time that the offender remains 
 21.36  subject to community notification as a level III offender. 
 22.1      Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 22.2   ENFORCEMENT.] At least 60 days before a sex offender is released 
 22.3   from confinement, the department of corrections or the 
 22.4   department of human services, in the case of a person who was 
 22.5   committed under section 253B.185 or Minnesota Statutes 1992, 
 22.6   section 526.10, shall give to the law enforcement agency that 
 22.7   investigated the offender's crime of conviction or, where 
 22.8   relevant, the law enforcement agency having primary jurisdiction 
 22.9   where the offender was committed, all relevant information that 
 22.10  the departments have concerning the offender, including 
 22.11  information on risk factors in the offender's history.  Within 
 22.12  five days after receiving the offender's approved release plan 
 22.13  from the hearings and release unit, the appropriate department 
 22.14  shall give to the law enforcement agency having primary 
 22.15  jurisdiction where the offender plans to reside all relevant 
 22.16  information the department has concerning the offender, 
 22.17  including information on risk factors in the offender's history 
 22.18  and the risk level to which the offender was assigned.  If the 
 22.19  offender's risk level was assigned under the circumstances 
 22.20  described in subdivision 3, paragraph (d), item (ii), the 
 22.21  appropriate department shall give the law enforcement agency all 
 22.22  relevant information that the department has concerning the 
 22.23  offender, including information on the risk factors in the 
 22.24  offender's history and the offender's risk level within five 
 22.25  days of the risk level assignment or reassignment. 
 22.26     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 22.27  or reassigned to risk level II or III under subdivision 3, 
 22.28  paragraph (e) or (h), has the right to seek administrative 
 22.29  review of an end-of-confinement review committee's risk 
 22.30  assessment determination.  The offender must exercise this right 
 22.31  within 14 days of receiving notice of the committee's decision 
 22.32  by notifying the chair of the committee.  Upon receiving the 
 22.33  request for administrative review, the chair shall notify:  (1) 
 22.34  the offender; (2) the victim or victims of the offender's 
 22.35  offense who have requested disclosure or their designee; (3) the 
 22.36  law enforcement agency that investigated the offender's crime of 
 23.1   conviction or, where relevant, the law enforcement agency having 
 23.2   primary jurisdiction where the offender was committed; (4) the 
 23.3   law enforcement agency having jurisdiction where the offender 
 23.4   expects to reside, providing that the release plan has been 
 23.5   approved by the hearings and release unit of the department of 
 23.6   corrections; and (5) any other individuals the chair may 
 23.7   select.  The notice shall state the time and place of the 
 23.8   hearing.  A request for a review hearing shall not interfere 
 23.9   with or delay the notification process under subdivision 4 or 5, 
 23.10  unless the administrative law judge orders otherwise for good 
 23.11  cause shown. 
 23.12     (b) An offender who requests a review hearing must be given 
 23.13  a reasonable opportunity to prepare for the hearing.  The review 
 23.14  hearing shall be conducted on the record before an 
 23.15  administrative law judge.  The review hearing shall be conducted 
 23.16  at the correctional facility in which the offender is currently 
 23.17  confined.  If the offender no longer is incarcerated, the 
 23.18  administrative law judge shall determine the place where the 
 23.19  review hearing will be conducted.  The offender has the burden 
 23.20  of proof to show, by a preponderance of the evidence, that the 
 23.21  end-of-confinement review committee's risk assessment 
 23.22  determination was erroneous.  The attorney general or a designee 
 23.23  shall defend the end-of-confinement review committee's 
 23.24  determination.  The offender has the right to be present and be 
 23.25  represented by counsel at the hearing, to present evidence in 
 23.26  support of the offender's position, to call supporting witnesses 
 23.27  and to cross-examine witnesses testifying in support of the 
 23.28  committee's determination.  Counsel for indigent offenders shall 
 23.29  be provided by the Legal Advocacy Project of the state public 
 23.30  defender's office.  
 23.31     (c) After the hearing is concluded, the administrative law 
 23.32  judge shall decide whether the end-of-confinement review 
 23.33  committee's risk assessment determination was erroneous and, 
 23.34  based on this decision, shall either uphold or modify the review 
 23.35  committee's determination.  The judge's decision shall be in 
 23.36  writing and shall include the judge's reasons for the decision.  
 24.1   The judge's decision shall be final and a copy of it shall be 
 24.2   given to the offender, the victim, the law enforcement agency, 
 24.3   and the chair of the end-of-confinement review committee. 
 24.4      (d) The review hearing is subject to the contested case 
 24.5   provisions of chapter 14. 
 24.6      (e) The administrative law judge may seal any portion of 
 24.7   the record of the administrative review hearing to the extent 
 24.8   necessary to protect the identity of a victim of or witness to 
 24.9   the offender's offense. 
 24.10     Subd. 7.  [IMMUNITY FROM LIABILITY.] (a) A state or local 
 24.11  agency or official, or a private organization or individual 
 24.12  authorized to act on behalf of a state or local agency or 
 24.13  official, is not civilly or criminally liable for disclosing or 
 24.14  failing to disclose information as permitted by this section.  
 24.15     (b) A state or local agency or official, or a private 
 24.16  organization or individual authorized to act on behalf of a 
 24.17  state or local agency or official, is not civilly liable for 
 24.18  failing to disclose information under this section. 
 24.19     (c) A state or local agency or official, or a private 
 24.20  organization or individual authorized to act on behalf of a 
 24.21  state or local agency or official, is not civilly liable for 
 24.22  disclosing information as permitted by this section.  However, 
 24.23  this paragraph applies only to disclosure of information that is 
 24.24  consistent with the offender's conviction history.  It does not 
 24.25  apply to disclosure of information relating to conduct for which 
 24.26  the offender was not convicted. 
 24.27     Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
 24.28  imposes a duty upon a person licensed under chapter 82, or an 
 24.29  employee of the person, to disclose information regarding an 
 24.30  offender who is required to register under section 243.166, or 
 24.31  about whom notification is made under this section. 
 24.32     Sec. 12.  [299C.093] [DATABASE OF REGISTERED PREDATORY 
 24.33  OFFENDERS.] 
 24.34     The superintendent of the bureau of criminal apprehension 
 24.35  shall maintain a computerized data system relating to 
 24.36  individuals required to register as predatory offenders under 
 25.1   section 243.166.  To the degree feasible, the system must 
 25.2   include the information required to be provided under section 
 25.3   243.166, subdivision 4, and indicate the time period that the 
 25.4   person is required to register.  The superintendent shall 
 25.5   maintain this information in a manner that ensures that it is 
 25.6   readily available to law enforcement agencies.  This information 
 25.7   is private data on individuals under section 13.02, subdivision 
 25.8   12, but may be used for law enforcement and corrections purposes.
 25.9      Sec. 13.  Minnesota Statutes 1998, section 244.10, 
 25.10  subdivision 2a, is amended to read: 
 25.11     Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX PREDATORY 
 25.12  OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
 25.13  person is convicted of an offense which requires registration 
 25.14  under section 243.166, subdivision 1, and the presumptive 
 25.15  sentence under the sentencing guidelines is commitment to the 
 25.16  custody of the commissioner of corrections, if the court grants 
 25.17  a dispositional departure and stays imposition or execution of 
 25.18  sentence, the probation or court services officer who is 
 25.19  assigned to supervise the offender shall provide in writing to 
 25.20  the following the fact that the offender is on probation and the 
 25.21  terms and conditions of probation: 
 25.22     (1) a victim of and any witnesses to the offense committed 
 25.23  by the offender, if the victim or the witness has requested 
 25.24  notice; and 
 25.25     (2) the chief law enforcement officer in the area where the 
 25.26  offender resides or intends to reside. 
 25.27     The law enforcement officer, in consultation with the 
 25.28  offender's probation officer, may provide all or part of this 
 25.29  information to any of the following agencies or groups the 
 25.30  offender is likely to encounter:  public and private educational 
 25.31  institutions, day care establishments, and establishments or 
 25.32  organizations that primarily serve individuals likely to be 
 25.33  victimized by the offender. 
 25.34     The probation officer is not required under this 
 25.35  subdivision to provide any notice while the offender is placed 
 25.36  or resides in a residential facility that is licensed under 
 26.1   section 245A.02, subdivision 14, or 241.021, if the facility 
 26.2   staff is trained in the supervision of sex offenders. 
 26.3      (b) Paragraph (a) applies only to offenders required to 
 26.4   register under section 243.166, as a result of the conviction. 
 26.5      (c) The notice authorized by paragraph (a) shall be limited 
 26.6   to data classified as public under section 13.84, subdivision 6, 
 26.7   unless the offender provides informed consent to authorize the 
 26.8   release of nonpublic data or unless a court order authorizes the 
 26.9   release of nonpublic data. 
 26.10     (c) (d) Nothing in this subdivision shall be interpreted to 
 26.11  impose a duty on any person to use any information regarding an 
 26.12  offender about whom notification is made under this subdivision. 
 26.13     Sec. 14.  [APPROPRIATIONS; BUREAU OF CRIMINAL 
 26.14  APPREHENSION.] 
 26.15     Subdivision 1.  [CRIMINAL APPREHENSION.] $1,082,000 is 
 26.16  appropriated from the general fund to the superintendent of the 
 26.17  bureau of criminal apprehension for the fiscal year ending June 
 26.18  30, 2001.  Of this amount: 
 26.19     (1) $70,000 is for a technology systems position; 
 26.20     (2) $45,000 is for a criminal justice information systems 
 26.21  training position; 
 26.22     (3) $128,000 is for two additional criminal assessment unit 
 26.23  agents; 
 26.24     (4) $148,000 is for three criminal intelligence analyst 
 26.25  positions; 
 26.26     (5) $144,000 is for four clerical positions; and 
 26.27     (6) $547,000 is for costs related to interfacing the state 
 26.28  system with the national sex offender registry, software 
 26.29  development and implementation, a system design consultant, 
 26.30  office supplies and expenses, and sex offender registration 
 26.31  costs.  Positions funded by this appropriation may not supplant 
 26.32  existing services. 
 26.33     Sec. 15.  [APPROPRIATIONS; COMMISSIONER OF CORRECTIONS.] 
 26.34     $7,697,000 is appropriated from the general fund to the 
 26.35  commissioner of corrections for the biennium ending June 30, 
 26.36  2001.  Of this amount: 
 27.1      (1) $1,500,000 is to increase the number of probation 
 27.2   officers managing intensive supervised release caseloads.  The 
 27.3   commissioner will distribute these funds proportionately based 
 27.4   on current unmet needs including areas of the state that are not 
 27.5   currently served by an intensive supervised release caseload; 
 27.6      (2) $6,000,000 is for enhanced supervision of adult felony 
 27.7   sex offenders by employing additional probation officers to 
 27.8   reduce the caseloads of probation officers supervising sex 
 27.9   offenders on probation/supervised release.  The commissioner 
 27.10  shall determine statewide eligibility for these funds according 
 27.11  to the formula contained in Minnesota Statutes, section 401.10.  
 27.12  Each Community Corrections Act jurisdiction and the department's 
 27.13  probation and supervised release unit must submit to the 
 27.14  commissioner an analysis of need along with a plan to meet these 
 27.15  needs and reduce adult felony sex offender caseloads.  Upon 
 27.16  approval of the plans, the noncommunity corrections act portion 
 27.17  of these funds will be appropriated to the department and the 
 27.18  distribution will be based on statewide need.  The Community 
 27.19  Corrections Act funds will be disbursed as grants to each 
 27.20  Community Corrections Act jurisdiction.  These appropriations 
 27.21  may not be used to supplant existing state or county probation 
 27.22  officer positions; 
 27.23     (3) $162,000 is for costs associated with complying with 
 27.24  Minnesota Statutes, section 244.052; and 
 27.25     (4) $35,000 is for costs associated with the bed impact of 
 27.26  this bill. 
 27.27     Sec. 16.  [TRANSFER OF AGENTS.] 
 27.28     The superintendent of the bureau of criminal apprehension 
 27.29  shall transfer two agents from within the bureau to the criminal 
 27.30  assessment unit to increase the unit's complement by two 
 27.31  positions.  The superintendent also shall transfer two agents 
 27.32  from the gang strike force to other positions within the bureau, 
 27.33  decreasing the gang strike force's complement by two positions. 
 27.34     Sec. 17.  [EFFECTIVE DATE.] 
 27.35     Sections 2, 8, and 9, and the provisions of section 4 that 
 27.36  pertain to making information available to the public through 
 28.1   electronic, computerized, or other accessible means are 
 28.2   effective August 1, 2000, and apply to offenders who are out of 
 28.3   compliance with Minnesota Statutes, section 243.166, on or after 
 28.4   that date. 
 28.5      The provisions of section 4 that relate to a written 
 28.6   consent form for release of information from a treatment 
 28.7   facility are effective July 1, 2000, and apply to offenders 
 28.8   currently registered under Minnesota Statutes, section 243.166, 
 28.9   and to offenders who are required to register under that section 
 28.10  on or after that date.  
 28.11     Section 6 is effective January 1, 2001, and applies to 
 28.12  crimes committed on or after that date.  
 28.13     The provisions of section 7 that pertain to lifetime 
 28.14  registration are effective July 1, 2000, and apply to persons 
 28.15  who commit offenses requiring lifetime registration on or after 
 28.16  that date.  
 28.17     The following provisions are effective August 1, 2000, and 
 28.18  apply to crimes committed on or after that date and to crimes 
 28.19  committed before that date if the person has not been released 
 28.20  or discharged from sentence before August 1, 2000:  (1) the 
 28.21  provision of section 7 requiring level II and III offenders to 
 28.22  register for 20 years; and (2) section 10, except for the 
 28.23  provision in Minnesota Statutes, section 243.167, paragraph (b). 
 28.24     The remaining provision in section 10 is effective August 
 28.25  1, 2000, and applies to crimes committed on or after that date. 
 28.26     The following provisions are effective August 1, 2000, and 
 28.27  apply to all offenders classified at risk level III and subject 
 28.28  to community notification under Minnesota Statutes, section 
 28.29  244.052, on or after that date:  section 12 and the provisions 
 28.30  of section 11 that relate to mandatory posting of information on 
 28.31  the Internet.  The remainder of sections 11 and 13 are effective 
 28.32  July 1, 2000, and apply to persons released from confinement or 
 28.33  sentenced on or after that date. 
 28.34                             ARTICLE 2
 28.35                       NAME CHANGE PROVISIONS
 28.36     Section 1.  Minnesota Statutes 1998, section 259.11, is 
 29.1   amended to read: 
 29.2      259.11 [ORDER; FILING COPIES.] 
 29.3      (a) Upon meeting the requirements of section 259.10, the 
 29.4   court shall may grant the application unless:  (1) it finds that 
 29.5   there is an intent to defraud or mislead; (2) section 259.13 
 29.6   prohibits granting the name change; or (3) in the case of the 
 29.7   change of a minor child's name, the court finds that such name 
 29.8   change is not in the best interests of the child.  The court 
 29.9   shall set forth in the order the name and age of the applicant's 
 29.10  spouse and each child of the applicant, if any, and shall state 
 29.11  a description of the lands, if any, in which the applicant and 
 29.12  the spouse and children, if any, claim to have an interest.  The 
 29.13  court administrator shall file such order, and record the same 
 29.14  in the judgment book.  If lands be described therein, a 
 29.15  certified copy of the order shall be filed for record, by the 
 29.16  applicant, with the county recorder of each county wherein any 
 29.17  of the same are situated.  Before doing so the court 
 29.18  administrator shall present the same to the county auditor who 
 29.19  shall enter the change of name in the auditor's official records 
 29.20  and note upon the instrument, over an official signature, the 
 29.21  words "change of name recorded."  Any such order shall not be 
 29.22  filed, nor any certified copy thereof be issued, until the 
 29.23  applicant shall have paid to the county recorder and court 
 29.24  administrator the fee required by law.  No application shall be 
 29.25  denied on the basis of the marital status of the applicant. 
 29.26     (b) When a person applies for a name change, the court 
 29.27  shall determine whether the person has been convicted of a 
 29.28  felony in this or any other state.  If so, the court shall, 
 29.29  within ten days after the name change application is granted, 
 29.30  report the name change to the bureau of criminal apprehension.  
 29.31  The person whose name is changed shall also report the change to 
 29.32  the bureau of criminal apprehension within ten days.  The court 
 29.33  granting the name change application must explain this reporting 
 29.34  duty in its order.  Any person required to report the person's 
 29.35  name change to the bureau of criminal apprehension who fails to 
 29.36  report the name change as required under this paragraph is 
 30.1   guilty of a gross misdemeanor. 
 30.2      Sec. 2.  [259.115] [PENALTY.] 
 30.3      A person who has been convicted of a felony in this state 
 30.4   or another state and who, upon marriage, uses a different 
 30.5   surname from that used before marriage without complying with 
 30.6   section 259.13 is guilty of a gross misdemeanor. 
 30.7      Sec. 3.  [259.13] [CONVICTED FELONS; NAME CHANGES.] 
 30.8      Subdivision 1.  [PROCEDURE FOR SEEKING NAME CHANGE.] A 
 30.9   person convicted of a felony under Minnesota law or the law of 
 30.10  some other state or federal jurisdiction must serve a notice of 
 30.11  application for a name change and a certified copy of the 
 30.12  person's felony convictions on the prosecuting authority that 
 30.13  obtained the felony conviction against the person.  The notice 
 30.14  of application for name change must also be sent via first class 
 30.15  mail to the victim of the crime, if any; the person's 
 30.16  corrections agent, if any; and the law enforcement agency that 
 30.17  investigated the charge that resulted in the felony conviction.  
 30.18  This section applies to a name change issued through one of the 
 30.19  following procedures: 
 30.20     (1) an application for a name change under section 259.10; 
 30.21     (2) a request for a name change as part of an application 
 30.22  for a marriage license under section 517.08; or 
 30.23     (3) a request for a name change in conjunction with a 
 30.24  marriage dissolution under section 518.27. 
 30.25  A person who seeks a name change under section 259.10 or 518.27 
 30.26  must file proof of service with the court as part of the name 
 30.27  change request.  A person who seeks a name change under section 
 30.28  517.08 must file proof of service with the county as part of the 
 30.29  application for a marriage license.  The name change request may 
 30.30  not be granted during the 30-day period provided for in 
 30.31  subdivision 2 or, if an objection is filed under subdivision 2, 
 30.32  until satisfaction of the requirements in subdivision 3 or 4.  
 30.33  Nothing in this section shall delay the granting of a marriage 
 30.34  license under section 517.08, which may be granted without the 
 30.35  name change. 
 30.36     Subd. 2.  [OBJECTION BY PROSECUTING AUTHORITY.] At any time 
 31.1   within 30 days from the date of service of the notice of 
 31.2   application for a name change under this section, the 
 31.3   prosecuting authority may file an objection to the application 
 31.4   for a name change with the district court.  The prosecuting 
 31.5   authority may object to the name change request on the basis 
 31.6   that the request aims to defraud, mislead, or harass; is not 
 31.7   made in good faith; will cause injury to a person; or will 
 31.8   compromise public safety.  If the prosecuting authority files an 
 31.9   objection to the application for a name change within this time 
 31.10  period, the court shall not grant the name change request, and 
 31.11  the county shall not allow the name change as part of a marriage 
 31.12  license. 
 31.13     Subd. 3.  [MOTION TO GRANT NAME CHANGE REQUEST.] A person 
 31.14  who seeks a name change may contest the prosecuting authority's 
 31.15  objection by filing a motion with the court in the county of the 
 31.16  prosecuting authority for an order permitting the requested name 
 31.17  change.  Except as provided in subdivision 4, no name change 
 31.18  shall be granted unless the person requesting the name change 
 31.19  proves by clear and convincing evidence that the name change 
 31.20  request is not based upon an intent to defraud, mislead, or 
 31.21  harass; is made in good faith; will not cause injury to a 
 31.22  person; and will not compromise public safety. 
 31.23     Subd. 4.  [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court 
 31.24  must grant a name change if failure to allow it would infringe 
 31.25  on a constitutional right of the person after balancing the 
 31.26  person's constitutional right against the harm to public safety 
 31.27  that may result from the name change. 
 31.28     Subd. 5.  [COSTS.] A person seeking a name change under 
 31.29  this section may proceed in forma pauperis only when the failure 
 31.30  to allow the name change would infringe upon a constitutional 
 31.31  right. 
 31.32     Sec. 4.  Minnesota Statutes 1998, section 517.08, 
 31.33  subdivision 1a, is amended to read: 
 31.34     Subd. 1a.  Application for a marriage license shall be made 
 31.35  upon a form provided for the purpose and shall contain the 
 31.36  following information: 
 32.1      (1) the full names of the parties and the sex of each 
 32.2   party; 
 32.3      (2) their post office addresses and county and state of 
 32.4   residence; 
 32.5      (3) their full ages; 
 32.6      (4) if either party has previously been married, the 
 32.7   party's married name, and the date, place and court in which the 
 32.8   marriage was dissolved or annulled or the date and place of 
 32.9   death of the former spouse; 
 32.10     (5) if either party is a minor, the name and address of the 
 32.11  minor's parents or guardian; 
 32.12     (6) whether the parties are related to each other, and, if 
 32.13  so, their relationship; 
 32.14     (7) the name and date of birth of any child of which both 
 32.15  parties are parents, born before the making of the application, 
 32.16  unless their parental rights and the parent and child 
 32.17  relationship with respect to the child have been terminated; 
 32.18     (8) address of the bride and groom after the marriage to 
 32.19  which the court administrator shall send a certified copy of the 
 32.20  marriage certificate; and 
 32.21     (9) the full names the parties will have after marriage and 
 32.22  the parties' social security numbers.  The social security 
 32.23  numbers must be collected for the application but must not 
 32.24  appear on the marriage license; and 
 32.25     (10) if one or both of the parties to the marriage license 
 32.26  has been convicted of a felony as described in section 259.13, 
 32.27  the parties shall provide to the county proof of service upon 
 32.28  the prosecuting authority, as required by section 259.13. 
 32.29     Sec. 5.  Minnesota Statutes 1998, section 517.08, 
 32.30  subdivision 1b, is amended to read: 
 32.31     Subd. 1b.  [TERM OF LICENSE; FEE.] (a) The court 
 32.32  administrator shall examine upon oath the party applying for a 
 32.33  license relative to the legality of the contemplated marriage.  
 32.34  If at the expiration of a five-day period, on being satisfied 
 32.35  that there is no legal impediment to it, including the 
 32.36  restriction contained in section 259.13, the court administrator 
 33.1   shall issue the license, containing the full names of the 
 33.2   parties before and after marriage, and county and state of 
 33.3   residence, with the district court seal attached, and make a 
 33.4   record of the date of issuance.  The license shall be valid for 
 33.5   a period of six months.  In case of emergency or extraordinary 
 33.6   circumstances, a judge of the district court of the county in 
 33.7   which the application is made, may authorize the license to be 
 33.8   issued at any time before the expiration of the five days.  The 
 33.9   court administrator shall collect from the applicant a fee of 
 33.10  $70 for administering the oath, issuing, recording, and filing 
 33.11  all papers required, and preparing and transmitting to the state 
 33.12  registrar of vital statistics the reports of marriage required 
 33.13  by this section.  If the license should not be used within the 
 33.14  period of six months due to illness or other extenuating 
 33.15  circumstances, it may be surrendered to the court administrator 
 33.16  for cancellation, and in that case a new license shall issue 
 33.17  upon request of the parties of the original license without 
 33.18  fee.  A court administrator who knowingly issues or signs a 
 33.19  marriage license in any manner other than as provided in this 
 33.20  section shall pay to the parties aggrieved an amount not to 
 33.21  exceed $1,000. 
 33.22     (b) If section 259.13 applies to the request for a marriage 
 33.23  license, the court administrator shall grant the marriage 
 33.24  license without the requested name change.  Alternatively, the 
 33.25  court administrator may delay the granting of the marriage 
 33.26  license until the party with the felony conviction certifies 
 33.27  under oath that 30 days have passed since service of the notice 
 33.28  for a name change upon the prosecuting authority and no 
 33.29  objection has been filed under section 259.13, or until the 
 33.30  party seeking the name change provides a certified copy of the 
 33.31  court order granting the name change.  The parties seeking the 
 33.32  marriage license shall have the right to choose to have the 
 33.33  license granted without the name change or to delay the granting 
 33.34  of the license pending further action on the name change request.
 33.35     Sec. 6.  Minnesota Statutes 1998, section 518.27, is 
 33.36  amended to read: 
 34.1      518.27 [NAME OF PARTY.] 
 34.2      Except as provided in section 259.13, in the final decree 
 34.3   of dissolution or legal separation the court shall, if requested 
 34.4   by a party, change the name of that party to another name as the 
 34.5   party requests.  The court shall grant a request unless it finds 
 34.6   that there is an intent to defraud or mislead, unless the name 
 34.7   change is subject to section 259.13, in which case the 
 34.8   requirements of that section apply.  The party's new name shall 
 34.9   be so designated in the final decree.  
 34.10     Sec. 7.  [EFFECTIVE DATE.] 
 34.11     Sections 1 and 3 to 6 are effective August 1, 2000, and 
 34.12  apply to proceedings for a name change commenced on or after 
 34.13  that date.  Section 2 is effective August 1, 2000, and applies 
 34.14  to crimes committed on or after that date. 
 34.15                             ARTICLE 3
 34.16                CRIMINAL AND EXPUNGEMENT PROVISIONS 
 34.17     Section 1.  Minnesota Statutes 1998, section 609.352, 
 34.18  subdivision 1, is amended to read: 
 34.19     Subdivision 1.  [DEFINITIONS.] As used in this section: 
 34.20     (a) "child" means a person under the age of 15 years of age 
 34.21  or younger; 
 34.22     (b) "sexual conduct" means sexual contact of the 
 34.23  individual's primary genital area, sexual penetration as defined 
 34.24  in section 609.341, or sexual performance as defined in section 
 34.25  617.246; and 
 34.26     (c) "solicit" means commanding, entreating, or attempting 
 34.27  to persuade a specific person in any manner, including in 
 34.28  person, by telephone, by letter, or by computerized or other 
 34.29  electronic means. 
 34.30     Sec. 2.  Minnesota Statutes 1998, section 609.352, 
 34.31  subdivision 2, is amended to read: 
 34.32     Subd. 2.  [PROHIBITED ACT.] A person 18 years of age or 
 34.33  older who solicits a child or someone the person reasonably 
 34.34  believes is a child to engage in sexual conduct with intent to 
 34.35  engage in sexual conduct is guilty of a felony and may be 
 34.36  sentenced to imprisonment for not more than three years, or to 
 35.1   payment of a fine of not more than $5,000, or both. 
 35.2      Sec. 3.  [609.353] [JURISDICTION.] 
 35.3      A violation or attempted violation of section 609.322, 
 35.4   609.342, 609.343, 609.344, 609.345, 609.3451, or 609.352 may be 
 35.5   prosecuted in any jurisdiction in which the violation originates 
 35.6   or terminates. 
 35.7      Sec. 4.  Minnesota Statutes 1998, section 609.749, 
 35.8   subdivision 2, is amended to read: 
 35.9      Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
 35.10  who harasses another by committing any of the following acts is 
 35.11  guilty of a gross misdemeanor: 
 35.12     (1) directly or indirectly manifests a purpose or intent to 
 35.13  injure the person, property, or rights of another by the 
 35.14  commission of an unlawful act; 
 35.15     (2) stalks, follows, or pursues another; 
 35.16     (3) returns to the property of another if the actor is 
 35.17  without claim of right to the property or consent of one with 
 35.18  authority to consent; 
 35.19     (4) repeatedly makes telephone calls, or induces a victim 
 35.20  to make telephone calls to the actor, whether or not 
 35.21  conversation ensues; 
 35.22     (5) makes or causes the telephone of another repeatedly or 
 35.23  continuously to ring; 
 35.24     (6) repeatedly mails or delivers or causes the delivery by 
 35.25  any means, including electronically, of letters, telegrams, 
 35.26  messages, packages, or other objects; or 
 35.27     (7) knowingly makes false allegations against a peace 
 35.28  officer concerning the officer's performance of official duties 
 35.29  with intent to influence or tamper with the officer's 
 35.30  performance of official duties. 
 35.31     (b) The conduct described in paragraph (a), clauses (4) and 
 35.32  (5), may be prosecuted at the place where any call is either 
 35.33  made or received.  The conduct described in paragraph (a), 
 35.34  clause (6), may be prosecuted where any letter, telegram, 
 35.35  message, package, or other object is either sent or received. 
 35.36     (c) A peace officer may not make a warrantless, custodial 
 36.1   arrest of any person for a violation of paragraph (a), clause 
 36.2   (7). 
 36.3      Sec. 5.  Minnesota Statutes 1998, section 609.795, 
 36.4   subdivision 1, is amended to read: 
 36.5      Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
 36.6   following is guilty of a misdemeanor: 
 36.7      (1) knowing that the actor does not have the consent of 
 36.8   either the sender or the addressee, intentionally opens any 
 36.9   sealed letter, telegram, or package addressed to another; or 
 36.10     (2) knowing that a sealed letter, telegram, or package has 
 36.11  been opened without the consent of either the sender or 
 36.12  addressee, intentionally publishes any of the contents thereof; 
 36.13  or 
 36.14     (3) with the intent to abuse, disturb, or cause distress, 
 36.15  repeatedly uses the mails or delivers or causes the delivery by 
 36.16  any means, including electronically, of letters, telegrams, or 
 36.17  packages. 
 36.18     Sec. 6.  Minnesota Statutes 1998, section 609A.03, is 
 36.19  amended to read: 
 36.20     609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.] 
 36.21     Subdivision 1.  [PETITION; FILING FEE.] An individual who 
 36.22  is the subject of a criminal record who is seeking the 
 36.23  expungement of the record shall file a petition under this 
 36.24  section and pay a filing fee in the amount required under 
 36.25  section 357.021, subdivision 2, clause (1).  The filing fee may 
 36.26  be waived in cases of indigency and shall be waived in the cases 
 36.27  described in section 609A.02, subdivision 3.  
 36.28     Subd. 2.  [CONTENTS OF PETITION.] A petition for 
 36.29  expungement shall be signed under oath by the petitioner and 
 36.30  shall state the following: 
 36.31     (1) the petitioner's full name and all other legal names or 
 36.32  aliases by which the petitioner has been known at any time; 
 36.33     (2) the petitioner's date of birth; 
 36.34     (3) all of the petitioner's addresses from the date of the 
 36.35  offense or alleged offense in connection with which an 
 36.36  expungement order is sought, to the date of the petition; 
 37.1      (4) why expungement is sought, if it is for employment or 
 37.2   licensure purposes, the statutory or other legal authority under 
 37.3   which it is sought, and why it should be granted; 
 37.4      (5) the details of the offense or arrest for which 
 37.5   expungement is sought, including date and jurisdiction of the 
 37.6   occurrence, court file number, and date of conviction or of 
 37.7   dismissal; 
 37.8      (6) in the case of a conviction, what steps the petitioner 
 37.9   has taken since the time of the offense toward personal 
 37.10  rehabilitation, including treatment, work, or other personal 
 37.11  history that demonstrates rehabilitation; 
 37.12     (7) petitioner's criminal conviction record indicating all 
 37.13  convictions for misdemeanors, gross misdemeanors, or felonies in 
 37.14  this state, and for all comparable convictions in any other 
 37.15  state, federal court, or foreign country, whether the 
 37.16  convictions occurred before or after the arrest or conviction 
 37.17  for which expungement is sought; 
 37.18     (8) petitioner's criminal charges record indicating all 
 37.19  prior and pending criminal charges against the petitioner in 
 37.20  this state or another jurisdiction, including all criminal 
 37.21  charges that have been continued for dismissal or stayed for 
 37.22  adjudication, or have been the subject of pretrial diversion; 
 37.23  and 
 37.24     (9) all prior requests by the petitioner, whether for the 
 37.25  present offense or for any other offenses, in this state or any 
 37.26  other state or federal court, for pardon, return of arrest 
 37.27  records, or expungement or sealing of a criminal record, whether 
 37.28  granted or not, and all stays of adjudication or imposition of 
 37.29  sentence involving the petitioner. 
 37.30     Subd. 3.  [SERVICE OF PETITION AND PROPOSED ORDER.] The 
 37.31  petition for expungement and a proposed expungement order shall 
 37.32  be served by mail on the state and local government agencies and 
 37.33  jurisdictions whose records would be affected by the proposed 
 37.34  order.  Service shall also be made by mail on the attorney for 
 37.35  each agency and jurisdiction. 
 37.36     Subd. 4.  [HEARING.] A hearing on the petition shall be 
 38.1   held no sooner than 60 days after service of the petition.  
 38.2      Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
 38.3   RESTRICTION.] (a) Expungement of a criminal record is an 
 38.4   extraordinary remedy to be granted only upon clear and 
 38.5   convincing evidence that it would yield a benefit to the 
 38.6   petitioner commensurate with the disadvantages to the public and 
 38.7   public safety of: 
 38.8      (1) sealing the record; and 
 38.9      (2) burdening the court and public authorities to issue, 
 38.10  enforce, and monitor an expungement order. 
 38.11     (b) If the petitioner is petitioning for the sealing of a 
 38.12  criminal record under section 609A.02, subdivision 3, the court 
 38.13  shall grant the petition to seal the record unless the agency or 
 38.14  jurisdiction whose records would be affected establishes by 
 38.15  clear and convincing evidence that the interests of the public 
 38.16  and public safety outweigh the disadvantages to the petitioner 
 38.17  of not sealing the record.  
 38.18     (c) If the court issues an expungement order it may require 
 38.19  that the criminal record shall be sealed, the existence of the 
 38.20  record shall not be revealed, and the record should not be 
 38.21  opened except as required under subdivision 7.  Records shall 
 38.22  must not be destroyed or returned to the subject of the record.  
 38.23     (d) An order expunging the record of a conviction for a 
 38.24  crime of violence as defined in section 624.712, subdivision 5, 
 38.25  must provide that the person is not entitled to ship, transport, 
 38.26  possess, or receive a firearm until ten years have elapsed since 
 38.27  the order was entered and during that time the person was not 
 38.28  convicted of any other crime of violence.  Any person whose 
 38.29  record of conviction is expunged under this section and who 
 38.30  thereafter receives a relief of disability under United States 
 38.31  Code, title 18, section 925, is not subject to the restriction 
 38.32  in this paragraph.  
 38.33     Subd. 6.  [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 
 38.34  If the court orders the sealing of the record of proceedings 
 38.35  under section 152.18, the effect of the order shall be to 
 38.36  restore the person, in the contemplation of the law, to the 
 39.1   status the person occupied before the arrest, indictment, or 
 39.2   information.  The person shall not be held guilty of perjury or 
 39.3   otherwise of giving a false statement if the person fails to 
 39.4   acknowledge the arrest, indictment, information, or trial in 
 39.5   response to any inquiry made for any purpose. 
 39.6      Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
 39.7   expungement order related to a charge supported by probable 
 39.8   cause, the DNA samples and DNA records held by the bureau of 
 39.9   criminal apprehension shall not be sealed, returned to the 
 39.10  subject of the record, or destroyed. 
 39.11     (b) Notwithstanding the issuance of an expungement order: 
 39.12     (1) an expunged record may be opened for purposes of a 
 39.13  criminal investigation, prosecution, or sentencing, upon an ex 
 39.14  parte court order; and 
 39.15     (2) an expunged record of a conviction may be opened for 
 39.16  purposes of evaluating a prospective employee in a criminal 
 39.17  justice agency without a court order. 
 39.18     Upon request by law enforcement, prosecution, or 
 39.19  corrections authorities, an agency or jurisdiction subject to an 
 39.20  expungement order shall inform the requester of the existence of 
 39.21  a sealed record and of the right to obtain access to it as 
 39.22  provided by this paragraph.  For purposes of this section, a 
 39.23  "criminal justice agency" means courts or a government agency 
 39.24  that performs the administration of criminal justice under 
 39.25  statutory authority.  
 39.26     Subd. 8.  [STAY OF ORDER; APPEAL DISTRIBUTION OF 
 39.27  EXPUNGEMENT ORDERS.] An expungement order shall be automatically 
 39.28  stayed for 60 days after filing of the order and, if the order 
 39.29  is appealed, during the appeal period.  A person or an agency or 
 39.30  jurisdiction whose records would be affected by the order may 
 39.31  appeal the order within 60 days of service of notice of filing 
 39.32  of the order.  An agency or jurisdiction or officials or 
 39.33  employees thereof need not file a cost bond or supersedeas bond 
 39.34  in order to further stay the proceedings or file an appeal. The 
 39.35  court administrator shall send a copy of an expungement order to 
 39.36  each agency and jurisdiction whose records are affected by the 
 40.1   terms of the order. 
 40.2      Subd. 9.  [DISTRIBUTION OF EXPUNGEMENT ORDERS STAY OF 
 40.3   ORDER; APPEAL.] If an expungement order is issued, the court 
 40.4   administrator shall send a copy of it to each agency and 
 40.5   jurisdiction whose records are affected by the terms of the 
 40.6   order. An expungement order shall be stayed automatically for 60 
 40.7   days after the order is filed and, if the order is appealed, 
 40.8   during the appeal period.  A person or an agency or jurisdiction 
 40.9   whose records would be affected by the order may appeal the 
 40.10  order within 60 days of service of notice of filing of the order.
 40.11  An agency or jurisdiction or its officials or employees need not 
 40.12  file a cost bond or supersedeas bond in order to further stay 
 40.13  the proceedings or file an appeal. 
 40.14     Sec. 7.  Minnesota Statutes 1998, section 628.26, is 
 40.15  amended to read: 
 40.16     628.26 [LIMITATIONS.] 
 40.17     (a) Indictments or complaints for murder any crime 
 40.18  resulting in the death of the victim may be found or made at any 
 40.19  time after the death of the person killed.  
 40.20     (b) Indictments or complaints for a violation of section 
 40.21  609.25 may be found or made at any time after the commission of 
 40.22  the offense.  
 40.23     (b) (c) Indictments or complaints for violation of section 
 40.24  609.42, subdivision 1, clause (1) or (2), shall be found or made 
 40.25  and filed in the proper court within six years after the 
 40.26  commission of the offense.  
 40.27     (c) (d) Indictments or complaints for violation of sections 
 40.28  609.342 to 609.345 if the victim was under the age of 18 years 
 40.29  at the time the offense was committed, shall be found or made 
 40.30  and filed in the proper court within nine years after the 
 40.31  commission of the offense or, if the victim failed to report the 
 40.32  offense within this limitation period, within three years after 
 40.33  the offense was reported to law enforcement authorities. 
 40.34     (d) (e) Notwithstanding the limitations in paragraph (d), 
 40.35  indictments or complaints for violation of sections 609.342 to 
 40.36  609.344 if the victim was 18 years old or older at the time the 
 41.1   offense was committed, shall may be found or made and filed in 
 41.2   the proper court at any time after commission of the offense, if 
 41.3   the offense is reported to law enforcement authorities within 72 
 41.4   hours of the offense.  If the offense is not reported within 72 
 41.5   hours of the commission of the offense and the victim was 18 
 41.6   years old or older at the time of the offense, the prosecution 
 41.7   must be commenced within nine years after the commission of the 
 41.8   offense. 
 41.9      (e) (f) Indictments or complaints for violation of sections 
 41.10  609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
 41.11  or made and filed in the proper court within six years after the 
 41.12  commission of the offense. 
 41.13     (f) (g) Indictments or complaints for violation of section 
 41.14  609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
 41.15  or (16), 609.631, or 609.821, where the value of the property or 
 41.16  services stolen is more than $35,000, shall be found or made and 
 41.17  filed in the proper court within five years after the commission 
 41.18  of the offense. 
 41.19     (g) (h) Except for violations relating to false material 
 41.20  statements, representations or omissions, indictments or 
 41.21  complaints for violations of section 609.671 shall be found or 
 41.22  made and filed in the proper court within five years after the 
 41.23  commission of the offense.  
 41.24     (h) (i) Indictments or complaints for violation of sections 
 41.25  609.561 to 609.563, shall be found or made and filed in the 
 41.26  proper court within five years after the commission of the 
 41.27  offense. 
 41.28     (i) (j)  In all other cases, indictments or complaints 
 41.29  shall be found or made and filed in the proper court within 
 41.30  three years after the commission of the offense. 
 41.31     (j) (k) The limitations periods contained in this section 
 41.32  shall exclude any period of time during which the defendant was 
 41.33  not an inhabitant of or usually resident within this state. 
 41.34     (k) (l) The limitations periods contained in this section 
 41.35  for an offense shall not include any period during which the 
 41.36  alleged offender participated under a written agreement in a 
 42.1   pretrial diversion program relating to that offense. 
 42.2      (1) (m) The limitations periods contained in this section 
 42.3   shall not include any period of time during which physical 
 42.4   evidence relating to the offense was undergoing DNA analysis, as 
 42.5   defined in section 299C.155, unless the defendant demonstrates 
 42.6   that the prosecuting or law enforcement agency purposefully 
 42.7   delayed the DNA analysis process in order to gain an unfair 
 42.8   advantage. 
 42.9      Sec. 8.  [EFFECTIVE DATE.] 
 42.10     Sections 1 to 5 are effective August 1, 2000, and apply to 
 42.11  offenses committed on or after that date.  Section 7 is 
 42.12  effective August 1, 2000, and applies to crimes committed on or 
 42.13  after that date and to crimes committed before that date if the 
 42.14  limitation period for the crime did not expire before August 1, 
 42.15  2000. 
 42.16                             ARTICLE 4
 42.17                     DATA PRACTICES PROVISIONS
 42.18     Section 1.  Minnesota Statutes 1999 Supplement, section 
 42.19  13.46, subdivision 2, is amended to read: 
 42.20     Subd. 2.  [GENERAL.] (a) Unless the data is summary data or 
 42.21  a statute specifically provides a different classification, data 
 42.22  on individuals collected, maintained, used, or disseminated by 
 42.23  the welfare system is private data on individuals, and shall not 
 42.24  be disclosed except:  
 42.25     (1) according to section 13.05; 
 42.26     (2) according to court order; 
 42.27     (3) according to a statute specifically authorizing access 
 42.28  to the private data; 
 42.29     (4) to an agent of the welfare system, including a law 
 42.30  enforcement person, attorney, or investigator acting for it in 
 42.31  the investigation or prosecution of a criminal or civil 
 42.32  proceeding relating to the administration of a program; 
 42.33     (5) to personnel of the welfare system who require the data 
 42.34  to determine eligibility, amount of assistance, and the need to 
 42.35  provide services of additional programs to the individual; 
 42.36     (6) to administer federal funds or programs; 
 43.1      (7) between personnel of the welfare system working in the 
 43.2   same program; 
 43.3      (8) the amounts of cash public assistance and relief paid 
 43.4   to welfare recipients in this state, including their names, 
 43.5   social security numbers, income, addresses, and other data as 
 43.6   required, upon request by the department of revenue to 
 43.7   administer the property tax refund law, supplemental housing 
 43.8   allowance, early refund of refundable tax credits, and the 
 43.9   income tax.  "Refundable tax credits" means the dependent care 
 43.10  credit under section 290.067, the Minnesota working family 
 43.11  credit under section 290.0671, the property tax refund under 
 43.12  section 290A.04, and, if the required federal waiver or waivers 
 43.13  are granted, the federal earned income tax credit under section 
 43.14  32 of the Internal Revenue Code; 
 43.15     (9) between the department of human services, the 
 43.16  department of children, families, and learning, and the 
 43.17  department of economic security for the purpose of monitoring 
 43.18  the eligibility of the data subject for reemployment 
 43.19  compensation, for any employment or training program 
 43.20  administered, supervised, or certified by that agency, for the 
 43.21  purpose of administering any rehabilitation program or child 
 43.22  care assistance program, whether alone or in conjunction with 
 43.23  the welfare system, or to monitor and evaluate the Minnesota 
 43.24  family investment program by exchanging data on recipients and 
 43.25  former recipients of food stamps, cash assistance under chapter 
 43.26  256, 256D, 256J, or 256K, child care assistance under chapter 
 43.27  119B, or medical programs under chapter 256B, 256D, or 256L; 
 43.28     (10) to appropriate parties in connection with an emergency 
 43.29  if knowledge of the information is necessary to protect the 
 43.30  health or safety of the individual or other individuals or 
 43.31  persons; 
 43.32     (11) data maintained by residential programs as defined in 
 43.33  section 245A.02 may be disclosed to the protection and advocacy 
 43.34  system established in this state according to Part C of Public 
 43.35  Law Number 98-527 to protect the legal and human rights of 
 43.36  persons with mental retardation or other related conditions who 
 44.1   live in residential facilities for these persons if the 
 44.2   protection and advocacy system receives a complaint by or on 
 44.3   behalf of that person and the person does not have a legal 
 44.4   guardian or the state or a designee of the state is the legal 
 44.5   guardian of the person; 
 44.6      (12) to the county medical examiner or the county coroner 
 44.7   for identifying or locating relatives or friends of a deceased 
 44.8   person; 
 44.9      (13) data on a child support obligor who makes payments to 
 44.10  the public agency may be disclosed to the higher education 
 44.11  services office to the extent necessary to determine eligibility 
 44.12  under section 136A.121, subdivision 2, clause (5); 
 44.13     (14) participant social security numbers and names 
 44.14  collected by the telephone assistance program may be disclosed 
 44.15  to the department of revenue to conduct an electronic data match 
 44.16  with the property tax refund database to determine eligibility 
 44.17  under section 237.70, subdivision 4a; 
 44.18     (15) the current address of a Minnesota family investment 
 44.19  program participant may be disclosed to law enforcement officers 
 44.20  who provide the name of the participant and notify the agency 
 44.21  that: 
 44.22     (i) the participant: 
 44.23     (A) is a fugitive felon fleeing to avoid prosecution, or 
 44.24  custody or confinement after conviction, for a crime or attempt 
 44.25  to commit a crime that is a felony under the laws of the 
 44.26  jurisdiction from which the individual is fleeing; or 
 44.27     (B) is violating a condition of probation or parole imposed 
 44.28  under state or federal law; 
 44.29     (ii) the location or apprehension of the felon is within 
 44.30  the law enforcement officer's official duties; and 
 44.31     (iii)  the request is made in writing and in the proper 
 44.32  exercise of those duties; 
 44.33     (16) the current address of a recipient of general 
 44.34  assistance or general assistance medical care may be disclosed 
 44.35  to probation officers and corrections agents who are supervising 
 44.36  the recipient and to law enforcement officers who are 
 45.1   investigating the recipient in connection with a felony level 
 45.2   offense; 
 45.3      (17) information obtained from food stamp applicant or 
 45.4   recipient households may be disclosed to local, state, or 
 45.5   federal law enforcement officials, upon their written request, 
 45.6   for the purpose of investigating an alleged violation of the 
 45.7   Food Stamp Act, according to Code of Federal Regulations, title 
 45.8   7, section 272.1(c); 
 45.9      (18) the address, social security number, and, if 
 45.10  available, photograph of any member of a household receiving 
 45.11  food stamps shall be made available, on request, to a local, 
 45.12  state, or federal law enforcement officer if the officer 
 45.13  furnishes the agency with the name of the member and notifies 
 45.14  the agency that:  
 45.15     (i) the member: 
 45.16     (A) is fleeing to avoid prosecution, or custody or 
 45.17  confinement after conviction, for a crime or attempt to commit a 
 45.18  crime that is a felony in the jurisdiction the member is 
 45.19  fleeing; 
 45.20     (B) is violating a condition of probation or parole imposed 
 45.21  under state or federal law; or 
 45.22     (C) has information that is necessary for the officer to 
 45.23  conduct an official duty related to conduct described in subitem 
 45.24  (A) or (B); 
 45.25     (ii) locating or apprehending the member is within the 
 45.26  officer's official duties; and 
 45.27     (iii) the request is made in writing and in the proper 
 45.28  exercise of the officer's official duty; 
 45.29     (19) the current address of a recipient of Minnesota family 
 45.30  investment program, general assistance, general assistance 
 45.31  medical care, or food stamps may be disclosed to law enforcement 
 45.32  officers who, in writing, provide the name of the recipient and 
 45.33  notify the agency that the recipient is a person required to 
 45.34  register under section 243.166, but is not residing at the 
 45.35  address at which the recipient is registered under section 
 45.36  243.166; 
 46.1      (20) certain information regarding child support obligors 
 46.2   who are in arrears may be made public according to section 
 46.3   518.575; 
 46.4      (20) (21) data on child support payments made by a child 
 46.5   support obligor and data on the distribution of those payments 
 46.6   excluding identifying information on obligees may be disclosed 
 46.7   to all obligees to whom the obligor owes support, and data on 
 46.8   the enforcement actions undertaken by the public authority, the 
 46.9   status of those actions, and data on the income of the obligor 
 46.10  or obligee may be disclosed to the other party; 
 46.11     (21) (22) data in the work reporting system may be 
 46.12  disclosed under section 256.998, subdivision 7; 
 46.13     (22) (23) to the department of children, families, and 
 46.14  learning for the purpose of matching department of children, 
 46.15  families, and learning student data with public assistance data 
 46.16  to determine students eligible for free and reduced price meals, 
 46.17  meal supplements, and free milk according to United States Code, 
 46.18  title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
 46.19  allocate federal and state funds that are distributed based on 
 46.20  income of the student's family; and to verify receipt of energy 
 46.21  assistance for the telephone assistance plan; 
 46.22     (23) (24) the current address and telephone number of 
 46.23  program recipients and emergency contacts may be released to the 
 46.24  commissioner of health or a local board of health as defined in 
 46.25  section 145A.02, subdivision 2, when the commissioner or local 
 46.26  board of health has reason to believe that a program recipient 
 46.27  is a disease case, carrier, suspect case, or at risk of illness, 
 46.28  and the data are necessary to locate the person; 
 46.29     (24) (25) to other state agencies, statewide systems, and 
 46.30  political subdivisions of this state, including the attorney 
 46.31  general, and agencies of other states, interstate information 
 46.32  networks, federal agencies, and other entities as required by 
 46.33  federal regulation or law for the administration of the child 
 46.34  support enforcement program; 
 46.35     (25) (26) to personnel of public assistance programs as 
 46.36  defined in section 256.741, for access to the child support 
 47.1   system database for the purpose of administration, including 
 47.2   monitoring and evaluation of those public assistance programs; 
 47.3      (26) (27) to monitor and evaluate the Minnesota family 
 47.4   investment program by exchanging data between the departments of 
 47.5   human services and children, families, and learning, on 
 47.6   recipients and former recipients of food stamps, cash assistance 
 47.7   under chapter 256, 256D, 256J, or 256K, child care assistance 
 47.8   under chapter 119B, or medical programs under chapter 256B, 
 47.9   256D, or 256L; or 
 47.10     (27) (28) to evaluate child support program performance and 
 47.11  to identify and prevent fraud in the child support program by 
 47.12  exchanging data between the department of human services, 
 47.13  department of revenue under section 270B.14, subdivision 1, 
 47.14  paragraphs (a) and (b), without regard to the limitation of use 
 47.15  in paragraph (c), department of health, department of economic 
 47.16  security, and other state agencies as is reasonably necessary to 
 47.17  perform these functions.  
 47.18     (b) Information on persons who have been treated for drug 
 47.19  or alcohol abuse may only be disclosed according to the 
 47.20  requirements of Code of Federal Regulations, title 42, sections 
 47.21  2.1 to 2.67. 
 47.22     (c) Data provided to law enforcement agencies under 
 47.23  paragraph (a), clause (15), (16), (17), or (18), or paragraph 
 47.24  (b), are investigative data and are confidential or protected 
 47.25  nonpublic while the investigation is active.  The data are 
 47.26  private after the investigation becomes inactive under section 
 47.27  13.82, subdivision 5, paragraph (a) or (b). 
 47.28     (d) Mental health data shall be treated as provided in 
 47.29  subdivisions 7, 8, and 9, but is not subject to the access 
 47.30  provisions of subdivision 10, paragraph (b).  
 47.31     For the purposes of this subdivision, a request will be 
 47.32  deemed to be made in writing if made through a computer 
 47.33  interface system. 
 47.34     Sec. 2.  Minnesota Statutes 1998, section 13.54, 
 47.35  subdivision 6, is amended to read: 
 47.36     Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
 48.1   public housing agency that enters a contract for assistance 
 48.2   under United States Code, title 42, sections 1437 to 1440, shall 
 48.3   furnish a local, state, or federal law enforcement officer, upon 
 48.4   the officer's request, with the current address, social security 
 48.5   number, and photograph, if available, of a recipient of 
 48.6   assistance under United States Code, title 42, sections 1437 to 
 48.7   1440, if the officer: 
 48.8      (1) provides the name of the recipient to the housing 
 48.9   agency; and 
 48.10     (2) notifies the agency that: 
 48.11     (i) the recipient: 
 48.12     (A) is fleeing to avoid prosecution, or custody or 
 48.13  confinement after conviction, under the laws of the jurisdiction 
 48.14  from which the individual is fleeing, for a crime which is a 
 48.15  felony under the laws of that jurisdiction; 
 48.16     (B) is violating a condition of probation or parole imposed 
 48.17  under state or federal law; or 
 48.18     (C) is a person required to register under section 243.166 
 48.19  and is not residing at the address at which the person is 
 48.20  registered under section 243.166; or 
 48.21     (D) has information necessary for the officer to conduct 
 48.22  the officer's official duties; 
 48.23     (ii) the location or apprehension of the individual is 
 48.24  within the officer's official duties; and 
 48.25     (iii) the request is made in writing and in the proper 
 48.26  exercise of the officer's official duties. 
 48.27     Sec. 3.  [176.862] [DISCLOSURE TO LAW ENFORCEMENT.] 
 48.28     The commissioner must disclose the current address of an 
 48.29  employee collected or maintained under this chapter to law 
 48.30  enforcement officers who provide the name of the employee and 
 48.31  notify the commissioner that the employee is a person required 
 48.32  to register under section 243.166 and is not residing at the 
 48.33  address at which the employee is registered under section 
 48.34  243.166. 
 48.35                             ARTICLE 5
 48.36                    CRIMINAL JUSTICE INFORMATION
 49.1                      TECHNOLOGY AND INTEGRATION
 49.2      Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
 49.3      The legislature finds that there is a vital need for 
 49.4   improved statewide criminal justice information technology and 
 49.5   integration among criminal justice agencies.  The legislature 
 49.6   further finds that the criminal justice system is a complex one 
 49.7   involving a large number of agencies across the state and that 
 49.8   these agencies are organized at the city, county, and state 
 49.9   levels.  In addition, there is no single funding authority or 
 49.10  accountability structure for these agencies.  Because this is a 
 49.11  statewide problem, it is one that is appropriate to address at 
 49.12  the state level.  Therefore, it is the purpose of this act to 
 49.13  continue the process of statewide criminal justice information 
 49.14  technology integration.  This will have the effect of increasing 
 49.15  offender accountability for behavior and agency accountability 
 49.16  for performance. 
 49.17     Sec. 2.  Minnesota Statutes 1998, section 299C.65, 
 49.18  subdivision 1, is amended to read: 
 49.19     Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The criminal and 
 49.20  juvenile justice information policy group consists of the chair 
 49.21  of the sentencing guidelines commission, the commissioner of 
 49.22  corrections, the commissioner of public safety, the chief 
 49.23  justice of the supreme court or designee and the state court 
 49.24  administrator. 
 49.25     (b) The policy group shall study and make recommendations 
 49.26  to the governor, the supreme court, and the legislature on:  
 49.27     (1) a framework for integrated criminal justice information 
 49.28  systems, including the development and maintenance of a 
 49.29  community data model for state, county, and local criminal 
 49.30  justice information; 
 49.31     (2) the responsibilities of each entity within the criminal 
 49.32  and juvenile justice systems concerning the collection, 
 49.33  maintenance, dissemination, and sharing of criminal justice 
 49.34  information with one another; 
 49.35     (3) actions necessary to ensure that information maintained 
 49.36  in the criminal justice information systems is accurate and 
 50.1   up-to-date; 
 50.2      (4) the development of an information system containing 
 50.3   criminal justice information on gross misdemeanor-level and 
 50.4   felony-level juvenile offenders that is part of the integrated 
 50.5   criminal justice information system framework; 
 50.6      (5) the development of an information system containing 
 50.7   criminal justice information on misdemeanor arrests, 
 50.8   prosecutions, and convictions that is part of the integrated 
 50.9   criminal justice information system framework; 
 50.10     (6) comprehensive training programs and requirements for 
 50.11  all individuals in criminal justice agencies to ensure the 
 50.12  quality and accuracy of information in those systems; 
 50.13     (7) continuing education requirements for individuals in 
 50.14  criminal justice agencies who are responsible for the 
 50.15  collection, maintenance, dissemination, and sharing of criminal 
 50.16  justice data; 
 50.17     (8) a periodic audit process to ensure the quality and 
 50.18  accuracy of information contained in the criminal justice 
 50.19  information systems; 
 50.20     (9) the equipment, training, and funding needs of the state 
 50.21  and local agencies that participate in the criminal justice 
 50.22  information systems; 
 50.23     (10) the impact of integrated criminal justice information 
 50.24  systems on individual privacy rights; 
 50.25     (11) the impact of proposed legislation on the criminal 
 50.26  justice system, including any fiscal impact, need for training, 
 50.27  changes in information systems, and changes in processes; 
 50.28     (12) the collection of data on race and ethnicity in 
 50.29  criminal justice information systems; 
 50.30     (13) the development of a tracking system for domestic 
 50.31  abuse orders for protection; 
 50.32     (14) processes for expungement, correction of inaccurate 
 50.33  records, destruction of records, and other matters relating to 
 50.34  the privacy interests of individuals; and 
 50.35     (15) the development of a database for extended 
 50.36  jurisdiction juvenile records and whether the records should be 
 51.1   public or private and how long they should be retained.  
 51.2      Sec. 3.  Minnesota Statutes 1999 Supplement, section 
 51.3   299C.65, subdivision 2, is amended to read: 
 51.4      Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
 51.5   an annual report with the governor, supreme court, and chairs 
 51.6   and ranking minority members of the senate and house committees 
 51.7   and divisions with jurisdiction over criminal justice funding 
 51.8   and policy by December 1 of each even-numbered year.  
 51.9      The report must make recommendations concerning any 
 51.10  legislative changes or appropriations that are needed to ensure 
 51.11  that the criminal justice information systems operate accurately 
 51.12  and efficiently.  To assist them in developing their 
 51.13  recommendations, the chair, the commissioners, and the 
 51.14  administrator policy group shall appoint a task force consisting 
 51.15  of the its members of the criminal and juvenile justice 
 51.16  information policy group or their designees and the following 
 51.17  additional members:  
 51.18     (1) the director of the office of strategic and long-range 
 51.19  planning; 
 51.20     (2) two sheriffs recommended by the Minnesota sheriffs 
 51.21  association; 
 51.22     (3) two police chiefs recommended by the Minnesota chiefs 
 51.23  of police association; 
 51.24     (4) two county attorneys recommended by the Minnesota 
 51.25  county attorneys association; 
 51.26     (5) two city attorneys recommended by the Minnesota league 
 51.27  of cities; 
 51.28     (6) two public defenders appointed by the board of public 
 51.29  defense; 
 51.30     (7) two district judges appointed by the conference of 
 51.31  chief judges, one of whom is currently assigned to the juvenile 
 51.32  court; 
 51.33     (8) two community corrections administrators recommended by 
 51.34  the Minnesota association of counties, one of whom represents a 
 51.35  community corrections act county; 
 51.36     (9) two probation officers; 
 52.1      (10) four public members, one of whom has been a victim of 
 52.2   crime, and two who are representatives of the private business 
 52.3   community who have expertise in integrated information systems; 
 52.4      (11) two court administrators; 
 52.5      (12) one member of the house of representatives appointed 
 52.6   by the speaker of the house; 
 52.7      (13) one member of the senate appointed by the majority 
 52.8   leader; 
 52.9      (14) the attorney general or a designee; 
 52.10     (15) the commissioner of administration or a designee; 
 52.11     (16) an individual recommended by the Minnesota league of 
 52.12  cities; and 
 52.13     (17) an individual recommended by the Minnesota association 
 52.14  of counties. 
 52.15  In making these appointments, the appointing authority shall 
 52.16  select members with expertise in integrated data systems or best 
 52.17  practices.  
 52.18     Sec. 4.  Minnesota Statutes 1999 Supplement, section 
 52.19  299C.65, subdivision 8, is amended to read: 
 52.20     Subd. 8.  [LOCAL MATCH.] The policy group may approve 
 52.21  grants only if the applicant provides an appropriate share of 
 52.22  matching funds as determined by the policy group to help pay 
 52.23  one-half of the costs of developing or implementing the 
 52.24  integration plan.  The policy group shall adopt policies 
 52.25  concerning the use of in-kind resources to satisfy a portion of 
 52.26  the match requirement and the sources from which matching funds 
 52.27  may be obtained. 
 52.28     Each grant recipient shall certify to the policy group that 
 52.29  it has not reduced funds from local, county, federal, or other 
 52.30  sources which, in the absence of the grant, would have been made 
 52.31  available to the grant recipient to improve or integrate 
 52.32  criminal justice technology. 
 52.33     Sec. 5.  Minnesota Statutes 1998, section 299C.65, is 
 52.34  amended by adding a subdivision to read: 
 52.35     Subd. 8a.  [CRIMINAL JUSTICE TECHNOLOGY INFRASTRUCTURE 
 52.36  IMPROVEMENTS.] (a) Within 30 days of the submission of the 
 53.1   statewide model integration plan funded by a grant under Laws 
 53.2   1999, chapter 216, article 1, section 7, subdivision 6, or 
 53.3   September 1, 2000, whichever is earlier, the commissioner of 
 53.4   public safety shall: 
 53.5      (1) review the policy group's assessment of the needs of 
 53.6   state, county, and municipal government agencies for electronic 
 53.7   fingerprint capture technology, electronic photographic 
 53.8   identification technology, and additional bandwidth to transfer 
 53.9   and access the data from electronic fingerprint capture 
 53.10  technology and electronic photographic identification technology 
 53.11  to the state's central database; and 
 53.12     (2) choose locations and agencies to receive this 
 53.13  technology. 
 53.14     (b) Within the limits of available appropriations, the 
 53.15  commissioner of public safety shall purchase and distribute the 
 53.16  technology infrastructure improvements as directed by the policy 
 53.17  group.  The commissioner shall begin the purchasing process 
 53.18  within 30 days of receiving notice of the policy group's 
 53.19  decisions.  The commissioner shall distribute the improvements 
 53.20  as soon as practicable after beginning the purchasing process. 
 53.21     (c) If feasible, the policy group shall direct the 
 53.22  commissioner to distribute the technology infrastructure 
 53.23  improvements described in this subdivision in 100 locations.  
 53.24  However, no more than 30 percent of the improvements may be 
 53.25  distributed in one county. 
 53.26     Sec. 6.  [PROPOSED EFFECTIVENESS MEASUREMENT STANDARDS AND 
 53.27  SANCTIONS; REPORT REQUIRED.] 
 53.28     (a) The criminal and juvenile justice information policy 
 53.29  group, in consultation with the task force described in 
 53.30  Minnesota Statutes, section 299C.65, subdivision 2, shall 
 53.31  develop recommended standards to measure the effectiveness of 
 53.32  the use of the technology infrastructure improvements described 
 53.33  in Minnesota Statutes, section 299C.65, subdivision 8a, and the 
 53.34  improvements made to the court information system funded by 
 53.35  state appropriations.  The standards must be based on objective 
 53.36  factors that can indicate whether the improvements have actually 
 54.1   increased the effectiveness of the receiving agency's or court's 
 54.2   system, and if so, to what degree. 
 54.3      (b) The policy group, in consultation with the task force 
 54.4   and the data group, shall also recommend appropriate sanctions 
 54.5   for the court or an agency that receives the technology 
 54.6   improvements but does not meet the recommended effectiveness 
 54.7   standards. 
 54.8      (c) By January 15, 2001, the policy group shall report the 
 54.9   recommended standards and sanctions to the chairs and ranking 
 54.10  minority members of the senate and house committees and 
 54.11  divisions having jurisdiction over criminal justice funding. 
 54.12     Sec. 7.  [APPROPRIATIONS.] 
 54.13     $7,500,000 is appropriated from the general fund to the 
 54.14  commissioner of public safety for the fiscal year ending June 
 54.15  30, 2001.  This money may be used for: 
 54.16     (1) criminal justice technology infrastructure improvements 
 54.17  under Minnesota Statutes, section 299C.65, subdivision 8a, for 
 54.18  the purchase and distribution of: 
 54.19     (i) electronic fingerprint capture technology; 
 54.20     (ii) electronic photographic identification technology; and 
 54.21     (iii) additional bandwidth to transfer and access 
 54.22  electronic photographic identification data and electronic 
 54.23  fingerprint data to the state's central database; 
 54.24     (2) grants to government agencies to transfer and access 
 54.25  data from the agencies to the statewide hot file probation and 
 54.26  pretrial release data system.  The criminal and juvenile justice 
 54.27  information policy group shall review grant applications under 
 54.28  this clause and the commissioner shall make the grants approved 
 54.29  by the policy group within the limits of the appropriation.  
 54.30  Part of this appropriation may be used for grants to pay the 
 54.31  costs of developing or implementing a criminal justice 
 54.32  information integration plan as described in Minnesota Statutes, 
 54.33  section 299C.65, subdivisions 5, 6, and 7; 
 54.34     (3) Ramsey county and the sentencing guidelines commission 
 54.35  to establish a pilot project in Ramsey county to use the 
 54.36  statewide statute table to ensure accurate and uniform charging 
 55.1   on criminal complaints; and 
 55.2      (4) an amount to be transferred to the supreme court to 
 55.3   begin redevelopment of the court information system to be used 
 55.4   by all counties to integrate court information with other 
 55.5   criminal justice information.  This money may be used by the 
 55.6   supreme court for only this purpose. 
 55.7      This money may be used only for the purposes listed in this 
 55.8   section. 
 55.9      The appropriations under this section are subject to the 
 55.10  requirements of Minnesota Statutes, section 299C.65, subdivision 
 55.11  8. 
 55.12     Sec. 8.  [EFFECTIVE DATE.] 
 55.13     Sections 1 to 6 are effective the day following final 
 55.14  enactment.