HF 2996

3rd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; allowing persons facing civil commitment as sexually
dangerous persons or sexual psychopathic personalities to choose to be confined
in correctional facilities while the petition is being adjudicated; addressing the
cost of care for persons facing civil commitment; addressing access to certain
data; modifying intensive supervised release provisions; modifying fireworks
provisions; modifying registration requirements for predatory offenders;
establishing a working group to review, assess, and make recommendations
regarding the modification and application of controlled substance laws;
providing for a report; requiring studies; amending Minnesota Statutes 2006,
sections 13.851, by adding a subdivision; 243.166, subdivisions 1a, 3a, 4;
243.167, subdivision 2; 244.05, subdivision 6; 253B.045, subdivisions 1, 2, by
adding a subdivision; 253B.185, subdivision 5; 299C.41, as added if enacted;
609.115, by adding a subdivision; 624.20, subdivision 1; 641.05; Minnesota
Statutes 2007 Supplement, section 253B.185, subdivision 1b.

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

Section 1.

Minnesota Statutes 2006, section 13.851, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Civil commitment of sexual offenders. new text end

new text begin Data relating to the preparation
of a petition to commit an individual as a sexual psychopathic personality or sexually
dangerous person is governed by section 253B.185, subdivision 1b.
new text end

Sec. 2.

Minnesota Statutes 2006, section 243.166, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

(a) As used in this section, unless the context clearly
indicates otherwise, the following terms have the meanings given them.

(b) "Bureau" means the Bureau of Criminal Apprehension.

(c) "Dwelling" means the building where the person lives under a formal or informal
agreement to do so.

(d) "Incarceration" and "confinement" do not include electronic home monitoring.

(e) "Law enforcement authority" or "authority" means, with respect to a home rule
charter or statutory city, the chief of police, and with respect to an unincorporated area,
the county sheriff.

(f) "Motor vehicle" has the meaning given in section 169.01, subdivision 2.

(g) "Primary address" means the mailing address of the person's dwelling. If the
mailing address is different from the actual location of the dwelling, primary address
also includes the physical location of the dwelling described with as much specificity as
possible.

(h) "School" includes any public or private educational institution, including any
secondary school, trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.

(i) "Secondary address" means the mailing address of any place where the person
regularly or occasionally stays overnight when not staying at the person's primary address.
If the mailing address is different from the actual location of the place, secondary address
also includes the physical location of the place described with as much specificity as
possible.

(j) "Treatment facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and halfway
houses licensed under chapter 245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United States.

(k) "Work" includes employment that is full time or part time for a period of
time exceeding 14 days or for an aggregate period of time exceeding 30 days during
any calendar year, whether financially compensated, volunteered, or for the purpose of
government or educational benefit.

new text begin (l) "Social networking Web site" means an Internet Web site that allows users to
create Web pages or profiles that provide information about themselves and are available
publicly or to other users and that offers a mechanism for communication with other users,
such as a forum, chat room, electronic mail, or instant messaging.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end

Sec. 3.

Minnesota Statutes 2006, section 243.166, subdivision 3a, is amended to read:

Subd. 3a.

Registration procedure when person lacks primary address.

(a) If
a person leaves a primary address and does not have a new primary address, the person
shall register with the law enforcement authority that has jurisdiction in the area where the
person is staying within 24 hours of the time the person no longer has a primary address.

(b) new text begin Notwithstanding the time period for registration in paragraphs (a) and (c), a
person with a primary address of a correctional facility who is scheduled to be released
from the facility and who does not have a new primary address shall register with the law
enforcement authority that has jurisdiction in the area where the person will be staying at
least five days before the person is released from the correctional facility.
new text end

new text begin (c) new text end A person who lacks a primary address shall register with the law enforcement
authority that has jurisdiction in the area where the person is staying within 24 hours after
entering the jurisdiction. Each time a person who lacks a primary address moves to a new
jurisdiction without acquiring a new primary address, the person shall register with the
law enforcement authority that has jurisdiction in the area where the person is staying
within 24 hours after entering the jurisdiction.

deleted text begin (c) deleted text end new text begin (d) new text end Upon registering under this subdivision, the person shall provide the law
enforcement authority with all of the information the individual is required to provide
under subdivision 4a. However, instead of reporting the person's primary address, the
person shall describe the location of where the person is staying with as much specificity
as possible.

deleted text begin (d) deleted text end new text begin (e) new text end Except as otherwise provided in paragraph deleted text begin (e) deleted text end new text begin (f) new text end , if a person continues to
lack a primary address, the person shall report in person on a weekly basis to the law
enforcement authority with jurisdiction in the area where the person is staying. This
weekly report shall occur between the hours of 9:00 a.m. and 5:00 p.m. The person is
not required to provide the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall inform the authority of
changes to any information provided under this subdivision or subdivision 4a and shall
otherwise comply with this subdivision.

deleted text begin (e) deleted text end new text begin (f) new text end If the law enforcement authority determines that it is impractical, due to the
person's unique circumstances, to require a person lacking a primary address to report
weekly and in person as required under paragraph deleted text begin (d) deleted text end new text begin (e) new text end , the authority may authorize the
person to follow an alternative reporting procedure. The authority shall consult with the
person's corrections agent, if the person has one, in establishing the specific criteria of this
alternative procedure, subject to the following requirements:

(1) the authority shall document, in the person's registration record, the specific
reasons why the weekly in-person reporting process is impractical for the person to follow;

(2) the authority shall explain how the alternative reporting procedure furthers
the public safety objectives of this section;

(3) the authority shall require the person lacking a primary address to report in
person at least monthly to the authority or the person's corrections agent and shall
specify the location where the person shall report. If the authority determines it would
be more practical and would further public safety for the person to report to another
law enforcement authority with jurisdiction where the person is staying, it may, after
consulting with the other law enforcement authority, include this requirement in the
person's alternative reporting process;

(4) the authority shall require the person to comply with the weekly, in-person
reporting process required under paragraph deleted text begin (d) deleted text end new text begin (e) new text end , if the person moves to a new area
where this process would be practical;

(5) the authority shall require the person to report any changes to the registration
information provided under subdivision 4a and to comply with the periodic registration
requirements specified under paragraph deleted text begin (f) deleted text end new text begin (g) new text end ; and

(6) the authority shall require the person to comply with the requirements of
subdivision 3, paragraphs (b) and (c), if the person moves to a primary address.

deleted text begin (f) deleted text end new text begin (g) new text end If a person continues to lack a primary address and continues to report to the
same law enforcement authority, the person shall provide the authority with all of the
information the individual is required to provide under this subdivision and subdivision 4a
at least annually, unless the person is required to register under subdivision 1b, paragraph
(c), following commitment pursuant to a court commitment under section 253B.185 or a
similar law of another state or the United States. If the person is required to register under
subdivision 1b, paragraph (c), the person shall provide the law enforcement authority
with all of the information the individual is required to report under this subdivision and
subdivision 4a at least once every three months.

deleted text begin (g) deleted text end new text begin (h) new text end A law enforcement authority receiving information under this subdivision
shall forward registration information and changes to that information to the bureau within
two business days of receipt of the information.

deleted text begin (h) deleted text end new text begin (i) new text end For purposes of this subdivision, a person who fails to report a primary
address will be deemed to be a person who lacks a primary address, and the person shall
comply with the requirements for a person who lacks a primary address.

Sec. 4.

Minnesota Statutes 2006, section 243.166, subdivision 4, is amended to read:

Subd. 4.

Contents of registration.

(a) The registration provided to the corrections
agent or law enforcement authority, must consist of a statement in writing signed by the
person, giving information required by the bureau, a fingerprint card, and photograph of
the person taken at the time of the person's release from incarceration or, if the person
was not incarcerated, at the time the person initially registered under this section. The
registration information also must include a written consent form signed by the person
allowing a treatment facility or residential housing unit or shelter to release information to
a law enforcement officer about the person's admission to, or residence in, a treatment
facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.

(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law
of another state or the United States, in addition to other information required by this
section, the registration provided to the corrections agent or law enforcement authority
must include the person's offense history and documentation of treatment received during
the person's commitment. This documentation is limited to a statement of how far the
person progressed in treatment during commitment.

(c) Within three days of receipt, the corrections agent or law enforcement authority
shall forward the registration information to the bureau. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the area of the
person's primary address, if any, or if the person lacks a primary address, where the person
is staying, as required by subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that authority.

(d) The corrections agent or law enforcement authority may require that a person
required to register under this section appear before the agent or authority to be
photographed. The agent or authority shall forward the photograph to the bureau.

(1) Except as provided in clause (2), the agent or authority shall require a person
required to register under this section who is classified as a level III offender under
section 244.052 to appear before the agent or authority at least every six months to be
photographed.

(2) The requirements of this paragraph shall not apply during any period where
the person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.

(e) During the period a person is required to register under this section, the following
provisions apply:

(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form
as required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau. new text begin Notice is sufficient under this
paragraph, if the verification form is sent by first class mail to the person's last reported
primary address, or for persons registered under subdivision 3a, to the law enforcement
authority where the offender most recently reported.
new text end

(2) The person shall mail the signed verification form back to the bureau within ten
days after receipt of the form, stating on the form the current and last address of the
person's residence and the other information required under subdivision 4a.

(3) In addition to the requirements listed in this section, a person who is assigned
to risk level II or III under section 244.052, and who is no longer under correctional
supervision for a registration offense, or a failure to register offense, but who resides,
works, or attends school in Minnesota, shall have an annual in-person contact with a law
enforcement authority as provided in this section. If the person resides in Minnesota, the
annual in-person contact shall be with the law enforcement authority that has jurisdiction
over the person's primary address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota but works or attends school
in this state, the person shall have an annual in-person contact with the law enforcement
authority or authorities with jurisdiction over the person's school or workplace. During
the month of the person's birth date, the person shall report to the authority to verify the
accuracy of the registration information and to be photographed. Within three days of this
contact, the authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person to the
bureau's predatory offender registration unit.

(4) If the person fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form, or if the person fails to report to the
law enforcement authority during the month of the person's birth date, the person is in
violation of this section.

(5) For any person who fails to mail the completed and signed verification form to
the bureau within ten days after receipt of the form and who has been determined to be
a risk level III offender under section 244.052, the bureau shall immediately investigate
and notify local law enforcement authorities to investigate the person's location and to
ensure compliance with this section. The bureau also shall immediately give notice of the
person's violation of this section to the law enforcement authority having jurisdiction over
the person's last registered address or addresses.

new text begin (6) Persons required to register under this section shall not access, or create or
maintain a personal Web page or profile on a social networking Web site that (i) has
a primary purpose of facilitating the social interaction between two or more persons
for the purposes of friendship, meeting other persons, or information exchanges, and
(ii) permits persons under the age of 18 to become a member or to create or maintain a
personal Web page.
new text end

For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four
times each year. For persons who, under section 244.052, are assigned to risk level III and
who are no longer under correctional supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two times each year. For
all other persons required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau shall determine whether the
person to whom the verification form is being sent has signed a written consent form
as provided for in paragraph (a). If the person has not signed such a consent form, the
bureau shall send a written consent form to the person along with the verification form.
A person who receives this written consent form shall sign and return it to the bureau
at the same time as the verification form.

new text begin EFFECTIVE DATE. new text end

new text begin Paragraph (e), clause (6), of this section is effective August
1, 2009, and applies to predatory offenders who are required to register before, on, or
after that date.
new text end

Sec. 5.

Minnesota Statutes 2006, section 243.167, subdivision 2, is amended to read:

Subd. 2.

When required.

(a) In addition to the requirements of section 243.166, a
person also shall register under section 243.166 if:

(1) the person is convicted of a crime against the person; and

(2) the person was previously convicted of or adjudicated delinquent for an offense
listed in section 243.166 new text begin , or a comparable offense in another state, new text end but was not required
to register for the offense because the registration requirements of that section did not
apply to the person at the time the offense was committed or at the time the person was
released from imprisonment.

(b) A person who was previously required to register in any state and who has
completed the registration requirements of that state shall again register under section
243.166 if the person commits a crime against the person.

Sec. 6.

Minnesota Statutes 2006, section 244.05, subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner may order that an
inmate be placed on intensive supervised release for all or part of the inmate's supervised
release or parole term if the commissioner determines that the action will further the
goals described in section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the
commissioner may order that an inmate be placed on intensive supervised release for all
of the inmate's conditional or supervised release term if the inmate was convicted of
a sex offense under section 609.342, 609.343, 609.344, 609.345, or 609.3453 or was
sentenced under the provisions of section 609.3455, subdivision 3a. The commissioner
shall order that all level III predatory offenders be placed on intensive supervised release
for the entire supervised release, conditional release, or parole term. The commissioner
may impose appropriate conditions of release on the inmate including but not limited to
unannounced searches of the inmate's person, vehicle, deleted text begin or deleted text end premises new text begin , computer, or other
electronic devices capable of accessing the Internet new text end by an intensive supervision agent;
compliance with court-ordered restitution, if any; random drug testing; house arrest; daily
curfews; frequent face-to-face contacts with an assigned intensive supervision agent;
work, education, or treatment requirements; and electronic surveillance. In addition, any
sex offender placed on intensive supervised release may be ordered to participate in an
appropriate sex offender program as a condition of release. If the inmate violates the
conditions of the intensive supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.3455.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
predatory offenders who are required to register before, on, or after that date.
new text end

Sec. 7.

Minnesota Statutes 2006, section 253B.045, subdivision 1, is amended to read:

Subdivision 1.

Restriction.

Except when ordered by the court pursuant to a finding
of necessity to protect the life of the proposed patient or others new text begin or as provided under
subdivision 1a new text end , no person subject to the provisions of this chapter shall be confined in a
jail or correctional institution, except pursuant to chapter 242 or 244.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Minnesota Statutes 2006, section 253B.045, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Exception. new text end

new text begin A person who is being petitioned for commitment
under section 253B.185 and who is placed under a judicial hold order under section
253B.07, subdivision 2b or 7, may be confined at a Department of Corrections or a
county correctional or detention facility, rather than a secure treatment facility, until a
determination of the commitment petition as specified in this subdivision.
new text end

new text begin (a) A court may order that a person who is being petitioned for commitment under
section 253B.185 be confined in a Department of Corrections facility pursuant to the
judicial hold order under the following circumstances and conditions:
new text end

new text begin (1) The person is currently serving a sentence in a Department of Corrections
facility and the court determines that the person has made a knowing and voluntary (i)
waiver of the right to be held in a secure treatment facility and (ii) election to be held in a
Department of Corrections facility. The order confining the person in the Department of
Corrections facility shall remain in effect until the court vacates the order or the person's
criminal sentence and conditional release term expire.
new text end

new text begin In no case may the person be held in a Department of Corrections facility pursuant
only to this subdivision, and not pursuant to any separate correctional authority, for more
than 210 days.
new text end

new text begin (2) A person who has elected to be confined in a Department of Corrections facility
under this subdivision may revoke the election by filing a written notice of intent to revoke
the election with the court and serving the notice upon the Department of Corrections and
the county attorney. The court shall order the person transferred to a secure treatment
facility within 15 days of the date that the notice of revocation was filed with the court,
except that, if the person has additional time to serve in prison at the end of the 15-day
period, the person shall not be transferred to a secure treatment facility until the person's
prison term expires. After a person has revoked an election to remain in a Department of
Corrections facility under this subdivision, the court may not adopt another election to
remain in a Department of Corrections facility without the agreement of both parties and
the Department of Corrections.
new text end

new text begin (3) Upon petition by the commissioner of corrections, after notice to the parties
and opportunity for hearing and for good cause shown, the court may order that the
person's place of confinement be changed from the Department of Corrections to a secure
treatment facility.
new text end

new text begin (4) While at a Department of Corrections facility pursuant to this subdivision, the
person shall remain subject to all rules and practices applicable to correctional inmates
in the facility in which the person is placed including, but not limited to, the powers and
duties of the commissioner of corrections under section 241.01, powers relating to use of
force under section 243.52, and the right of the commissioner of corrections to determine
the place of confinement in a prison, reformatory, or other facility.
new text end

new text begin (5) A person may not be confined in a Department of Corrections facility under this
provision beyond the end of the person's executed sentence or the end of any applicable
conditional release period, whichever is later. If a person confined in a Department of
Corrections facility pursuant to this provision reaches the person's supervised release
date and is subject to a period of conditional release, the period of conditional release
shall commence on the supervised release date even though the person remains in the
Department of Corrections facility pursuant to this provision. At the end of the later of
the executed sentence or any applicable conditional release period, the person shall be
transferred to a secure treatment facility.
new text end

new text begin (6) Nothing in this section may be construed to establish a right of an inmate in a
state correctional facility to participate in sex offender treatment. This section must be
construed in a manner consistent with the provisions of section 244.03.
new text end

new text begin (b) The committing county may offer a person who is being petitioned for
commitment under section 253B.185 and who is placed under a judicial hold order under
section 253B.07, subdivision 2b or 7, the option to be held in a county correctional or
detention facility rather than a secure treatment facility, under such terms as may be agreed
to by the county, the commitment petitioner, and the commitment respondent. If a person
makes such an election under this paragraph, the court hold order shall specify the terms
of the agreement, including the conditions for revoking the election.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9.

Minnesota Statutes 2006, section 253B.045, subdivision 2, is amended to read:

Subd. 2.

Facilities.

Each county or a group of counties shall maintain or provide by
contract a facility for confinement of persons held temporarily for observation, evaluation,
diagnosis, treatment, and care. When the temporary confinement is provided at a regional
treatment center, the commissioner shall charge the county of financial responsibility for
the costs of confinement of persons hospitalized under section 253B.05, subdivisions 1
and 2, and section 253B.07, subdivision 2b, except that the commissioner shall bill the
responsible health plan first. If the person has health plan coverage, but the hospitalization
does not meet the criteria in subdivision 6 or section 62M.07, 62Q.53, or 62Q.535,
the county is responsible. new text begin When a person is temporarily confined in a Department
of Corrections facility solely under subdivision 1a, and not based on any separate
correctional authority: (1) the commissioner of corrections may charge the county of
financial responsibility for the costs of confinement; and (2) the Department of Human
Services shall use existing appropriations to fund all remaining nonconfinement costs.
The funds received by the commissioner for the confinement and nonconfinement costs
are appropriated to the department for these purposes. new text end "County of financial responsibility"
means the county in which the person resides at the time of confinement or, if the person
has no residence in this state, the county which initiated the confinement. The charge new text begin
for confinement in a facility operated by the commissioner of human services new text end shall be
based on the commissioner's determination of the cost of care pursuant to section 246.50,
subdivision 5. When there is a dispute as to which county is the county of financial
responsibility, the county charged for the costs of confinement shall pay for them pending
final determination of the dispute over financial responsibility. Disputes about the county
of financial responsibility shall be submitted to the commissioner to be settled in the
manner prescribed in section 256G.09.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2007 Supplement, section 253B.185, subdivision 1b,
is amended to read:

Subd. 1b.

County attorney access to data.

Notwithstanding sections 144.291
to 144.298; 245.467, subdivision 6; 245.4876, subdivision 7; 260B.171; 260B.235,
subdivision 8; 260C.171; and 609.749, subdivision 6, or any provision of chapter 13
or other state law, prior to filing a petition for commitment as a sexual psychopathic
personality or as a sexually dangerous person, and upon notice to the proposed patient,
the county attorney or the county attorney's designee may move the court for an order
granting access to any records or data, to the extent it relates to the proposed patient, for
the purpose of determining whether good cause exists to file a petition and, if a petition
is filed, to support the allegations set forth in the petition.

The court may grant the motion if: (1) the Department of Corrections refers the case
for commitment as a sexual psychopathic personality or a sexually dangerous person; or
(2) upon a showing that the requested category of data or records may be relevant to
the determination by the county attorney or designee. The court shall decide a motion
under this subdivision within 48 hours after a hearing on the motion. Notice to the
proposed patient need not be given upon a showing that such notice may result in harm or
harassment of interested persons or potential witnesses. new text begin Notwithstanding any provision
of chapter 13 or other state law, a county attorney considering the civil commitment of a
person under this section may obtain records and data from the Department of Corrections
or any probation or parole agency in this state upon request, without a court order, for the
purpose of determining whether good cause exists to file a petition and, if a petition is
filed, to support the allegations set forth in the petition. At the time of the request for
the records, the county attorney shall provide notice of the request to the person who is
the subject of the records.
new text end

Data collected pursuant to this subdivision shall retain their original status and, if not
public, are inadmissible in any court proceeding unrelated to civil commitment, unless
otherwise permitted.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 11.

Minnesota Statutes 2006, section 253B.185, subdivision 5, is amended to read:

Subd. 5.

Financial responsibility.

(a) For purposes of this subdivision, "state
facility" has the meaning given in section 246.50 new text begin and also includes a Department of
Corrections facility when the proposed patient is confined in such a facility pursuant to
section 253B.045, subdivision 1a new text end .

(b) Notwithstanding sections 246.54, 253B.045, and any other law to the contrary,
when a petition is filed for commitment under this section pursuant to the notice required
in section 244.05, subdivision 7, the state and county are each responsible for 50 percent of
the cost of the person's confinement at a state facility or county jail, prior to commitment.

(c) The county shall submit an invoice to the state court administrator for
reimbursement of the state's share of the cost of confinement.

(d) Notwithstanding paragraph (b), the state's responsibility for reimbursement is
limited to the amount appropriated for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

2008 S. F. No. 3342, section 3, if enacted, is amended to read:

Sec. 3. [299C.41] E-CHARGING.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "Auditing data" means data in e-charging that document:

(1) who took a particular action;

(2) when the action took place;

(3) the Internet Protocol address of the computer used to take the action;

(4) the identification number of the organization employing the individual taking
action;

(5) what action was taken;

(6) the unique identification for the document against which the action was taken;

(7) the purpose for taking the action;

(8) the date and time the request was received by the e-charging system; and

(9) the identification number of the system from which the request originated.

(c) "Credentialed individual" means an individual who has provided credentialing
data to a government entity or a court and has been authorized to use e-charging.

(d) "Credentialing data" means data in e-charging that document for an individual
who is or was authorized to use e-charging:

(1) user identification;

(2) password; and

(3) jurisdiction identification.

For law enforcement officers, credentialing data also includes a biometric identifier.
For notaries public, credentialing data also includes an e-notary digital certificate.

(e) "E-charging" means a service operated by the Bureau of Criminal Apprehension
to provide communication and workflow tools for law enforcement, prosecutors, and the
courts to use during the process of charging a person with a crime.

(f) "Government entity" has the meaning given in section 13.02, subdivision 7a.

(g) "Individual" has the meaning given in section 13.02, subdivision 8.

(h) "Workflow and routing data" means data in e-charging that document:

(1) the assignment or reassignment of a document to a person or place;

(2) any deadline for the action on the assignment; and

(3) validation that the needed action has been completed.

Subd. 2.

Data classification.

(a) Credentialing data held by a government entity
are classified as private data on individuals as defined in section 13.02, subdivision 12, or
nonpublic data as defined in section 13.02, subdivision 9.

(b) Auditing data and workflow and routing data maintained by the Bureau of
Criminal Apprehension are classified as confidential data on individuals as defined in
section 13.02, subdivision 3, or protected nonpublic data as defined in section 13.02,
subdivision 13 new text begin , until the investigation is inactive as defined in section 13.82, subdivision
7. Once the investigation is inactive, and the recipient of the data authorizes release
to the data subject, the auditing data and workflow and routing data maintained by the
Bureau of Criminal Apprehension are classified as private data on individuals as defined
in section 13.02, subdivision 12, or nonpublic data as defined in section 13.02, subdivision
9 new text end . The same data maintained by any other government entity are classified as provided
by other law.

Subd. 3.

Data sharing authorized.

(a) Auditing data, workflow and routing data, or
credentialing data must be disclosed to a credentialed individual to resolve issues about
the integrity of data at issue in a pending criminal matter. No use outside the pending
criminal matter is authorized and no recipient can redisclose the data that are received.
To the extent that court rules make the data accessible to the public, they are accessible
in the court records.

(b) Auditing, workflow and routing data, or credentialing data must be disclosed to
a defendant in a pending criminal matter when the data are relevant to the individual's
defense as defined in the Rules of Criminal Procedure. Relevance must be determined by
the court using the standard set in Rules of Criminal Procedure, rule 9.01, subdivision
2(1). If the data are found to be relevant, the court must issue an order directing disclosure
and send it to the Bureau of Criminal Apprehension. Disclosure cannot be made unless
the court's order provides the full name and date of birth of the defendant, the law
enforcement agency number, the law enforcement case number connected to the charge,
the specific data to be disclosed, and that the recipient must not redisclose the data. The
bureau shall provide the data to the defendant's attorney and the prosecutor. The data may
not be used outside the pending criminal matter and a recipient may not redisclose the data
that are received. To the extent that court rules make the data accessible to the public,
they are accessible in the court records.

(c) Auditing data, workflow and routing data, or credentialing data may be disclosed
to an employee of a government entity or court who has been accused of inappropriate
access to, or use of data in, e-charging and to the employee's employer. The data may not
be used outside the pending employee disciplining case and a recipient may not redisclose
the data that are received. To the extent that section 13.43 or court rules require the
disclosure of the data as part of the final disposition of discipline against an employee,
the data are public.

(d) Auditing data, workflow and routing data, or credentialing data may be disclosed
as part of a criminal or civil matter against a person for unauthorized access to, or use
of data in, e-charging. The data may not be used outside the civil or criminal case and
a recipient may not redisclose the data that are received. To the extent that the rules of
public access to records of the judicial branch make the data accessible to the public,
they are accessible in the court records.

deleted text begin Subd. 4. deleted text end

deleted text begin Responding to data requests. deleted text end

deleted text begin When the Bureau of Criminal Apprehension
receives a request under chapter 13 for access to data in e-charging that are not auditing
data, credentialing data, or workflow and routing data held by the Bureau of Criminal
Apprehension, the Bureau of Criminal Apprehension shall direct the requester to all
government entities that have created the requested data. As part of its response, the
Bureau of Criminal Apprehension shall provide the requester with the name, address, and
telephone number for the responsible authority for the government entity.
deleted text end

Sec. 13.

Minnesota Statutes 2006, section 609.115, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Veterans mental health status. new text end

new text begin If a defendant convicted of a crime is
currently serving in the military or is a veteran and has been diagnosed by a qualified
psychiatrist or clinical psychologist or physician with a mental illness, the court may:
new text end

new text begin (1) order that the officer preparing the report under subdivision 1 consult with the
United States Department of Veterans Affairs, Minnesota Department of Veterans Affairs,
or another agency or person with suitable knowledge or experience, for the purpose
of providing the court with information regarding treatment options available to the
defendant including federal, state, and local programming; and
new text end

new text begin (2) consider the treatment recommendations of any diagnosing or treating mental
health professionals together with the treatment options available to the defendant in
imposing sentence.
new text end

Sec. 14.

Minnesota Statutes 2006, section 624.20, subdivision 1, is amended to read:

Subdivision 1.

Regulation.

(a) As used in sections 624.20 to 624.25, the term
"fireworks" means any substance or combination of substances or article prepared
for the purpose of producing a visible or an audible effect by combustion, explosion,
deflagration, or detonation, and includes blank cartridges, toy cannons, and toy canes in
which explosives are used, the type of balloons which require fire underneath to propel
them, firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, sparklers other
than those specified in paragraph (c), or other fireworks of like construction, and any
fireworks containing any explosive or inflammable compound, or any tablets or other
device containing any explosive substance and commonly used as fireworks.

(b) The term "fireworks" shall not include toy pistols, toy guns, in which paper caps
containing 25/100 grains or less of explosive compound are used and toy pistol caps
which contain less than 20/100 grains of explosive mixture.

(c) The term also does not include wire or wood sparklers of not more than 100
grams of mixture per item, other sparkling items which are nonexplosive and nonaerial
and contain 75 grams or less of chemical mixture per tube or a total of deleted text begin 200 deleted text end new text begin 500 new text end grams
or less for multiple tubes, snakes and glow worms, smoke devices, or trick noisemakers
which include paper streamers, party poppers, string poppers, snappers, and drop pops,
each consisting of not more than twenty-five hundredths grains of explosive mixture. The
use of items listed in this paragraph is not permitted on public property. This paragraph
does not authorize the purchase of items listed in it by persons younger than 18 years
of age. The age of a purchaser of items listed in this paragraph must be verified by
photographic identification.

(d) A local unit of government may impose an annual license fee for the retail
sale of items authorized under paragraph (c). The annual license fee of each retail seller
that is in the business of selling only the items authorized under paragraph (c) may not
exceed $350, and the annual license of each other retail seller may not exceed $100. A
local unit of government may not:

(1) impose any fee or charge, other than the fee authorized by this paragraph, on the
retail sale of items authorized under paragraph (c);

(2) prohibit or restrict the display of items for permanent or temporary retail sale
authorized under paragraph (c) that comply with National Fire Protection Association
Standard 1124 (2003 edition); or

(3) impose on a retail seller any financial guarantee requirements, including bonding
or insurance provisions, containing restrictions or conditions not imposed on the same
basis on all other business licensees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2006, section 641.05, is amended to read:

641.05 RECORD OF INMATES; deleted text begin RETURN TO deleted text end COURT new text begin ; BUREAU OF
CRIMINAL APPREHENSION new text end .

new text begin (a) new text end Every sheriff shall, at the expense of the county, maintain a permanent record of
all persons committed to any jail under the sheriff's charge. It shall contain the name of
every person committed, by what authority, residence, date of commitment, and, if for a
criminal offense, a description of the person, when and by what authority liberated, and,
in case of escape, the time and manner thereof. At the opening of each term of district
court the sheriff shall make a certified transcript deleted text begin therefrom deleted text end new text begin from the record new text end to deleted text begin such deleted text end new text begin the new text end
court, showing all cases deleted text begin therein deleted text end not previously disposed of.

new text begin (b) Upon intake into the jail facility, the name of the committed person shall be
checked against the Bureau of Criminal Apprehension predatory offender registration
database to determine whether the person is a registered predatory offender. In the event
that the person is registered, the sheriff or designee shall notify the bureau of the person's
admission into the jail facility. At the time of discharge from the facility, the sheriff or
designee shall provide the person with a change of information form for the purposes of
reporting the address where the person will be living upon release from the facility.
new text end

new text begin (c) new text end Every sheriff who new text begin intentionally new text end neglects or refuses to deleted text begin so deleted text end report new text begin under paragraph
(a) or (b) new text end shall be guilty of a gross misdemeanor.

Sec. 16. new text begin JOINT PHYSICAL CUSTODY; STUDY GROUP.
new text end

new text begin (a) The state court administrator shall convene a study group of 12 members to
consider the impacts of a presumption of joint physical custody in Minnesota. The
evaluation shall consider the positive and negative impact on parents and children of
adopting a presumption of joint physical custody, the fiscal impact of adopting this
presumption, and the experiences of other states that have adopted a presumption of
joint physical custody. The study must consider data and information from academic
and research professionals.
new text end

new text begin (b) In appointing members to the study group, the state court administrator must
ensure that the viewpoint of parent advocacy groups, citizen members who are not
associated with a parent advocacy group, academics and policy analysts, judges, court
administrators, attorneys, domestic violence advocates, and other interested parties are
represented. The state court administrator must consult with the chairs of the house public
safety finance division and the senate public safety budget division on the composition
of the working group. The state court administrator shall report to the legislature on the
evaluation of presumption of joint physical custody, the experiences of other states, and
recommendations made by the study group no later than January 15, 2009.
new text end

Sec. 17. new text begin COMPREHENSIVE FAMILY COURT PROCESS; STUDY.
new text end

new text begin The state court administrator shall report on a plan to conduct a multidisciplinary,
comprehensive study on family law to the chairs of the budget and policy committees in
the house and senate with jurisdiction over family law no later than January 15, 2009.
new text end

Sec. 18. new text begin WORKING GROUP ON CONTROLLED SUBSTANCE LAWS;
REPORT TO LEGISLATURE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership; staff. new text end

new text begin (a) The speaker of the house
of representatives and the Subcommittee on Committees of the Committee on Rules and
Administration of the senate shall jointly appoint a working group on the state's controlled
substance laws. The working group shall include:
new text end

new text begin (1) two representatives of the Minnesota County Attorneys Association;
new text end

new text begin (2) two representatives of the Board of Public Defense;
new text end

new text begin (3) three representatives of state law enforcement associations, including one
sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers
Association;
new text end

new text begin (4) two representatives of the Judicial Council;
new text end

new text begin (5) one representative from community corrections or probation;
new text end

new text begin (6) one expert in the fields of drug treatment and controlled substance laws;
new text end

new text begin (7) one individual who is not affiliated with any of the associations in clauses (1) to
(6) and who has relevant experience related to sentencing policy or the criminal justice
field; and
new text end

new text begin (8) four community members who reside in areas adversely affected by controlled
substance crimes and violent crimes, two of whom shall be appointed by the speaker of
the house of representatives and two of whom shall be appointed by the Subcommittee
on Committees of the Committee on Rules and Administration of the senate. One of
the community members appointed by the senate must be a member of a community
crime prevention organization. Of the community members appointed by the senate, one
must reside in Minneapolis and one must reside in greater Minnesota. Of the community
members appointed by the house, one must reside in St. Paul and one must reside in a
suburb of Minneapolis or St. Paul.
new text end

new text begin (b) Before making the appointments required under paragraph (a), the legislative
appointing authorities must consider the recommendations of the chairs and ranking
minority members of the committees and divisions in their respective legislative body
with jurisdiction over criminal justice and policy funding.
new text end

new text begin (c) The appointments under paragraph (a) must be completed by July 1, 2008.
Staff support for the working group shall be provided by the Sentencing Guidelines
Commission. The executive director of the Sentencing Guidelines Commission or the
executive director's designee shall convene the first meeting of the working group. The
working group shall elect its chair from its membership at the first meeting.
new text end

new text begin Subd. 2. new text end

new text begin Subject matter. new text end

new text begin (a) The working group must review, assess, and make
specific recommendations regarding the following alternatives for modification and
application of Minnesota's controlled substance laws:
new text end

new text begin (1) revising the threshold amounts for Minnesota's controlled substance crimes;
new text end

new text begin (2) establishing a separate sentencing guidelines grid for drug offenses;
new text end

new text begin (3) establishing additional aggravating factors so as to target certain particularly
dangerous offenders;
new text end

new text begin (4) revising the criminal history point calculations for repeat drug offenders;
new text end

new text begin (5) maximizing the use of deferred prosecutions for low-level drug offenders under
Minnesota Statutes, section 152.18 throughout the state; and
new text end

new text begin (6) increasing the use of the early release program for nonviolent controlled
substance offenders who successfully complete drug treatment while incarcerated as
provided in Minnesota Statutes, section 244.055.
new text end

new text begin (b) As part of its review of the various possible reforms, the working group may
also study and consider:
new text end

new text begin (1) the significance, if any, of current rates of departure from presumptive guidelines
sentences for controlled substance crimes;
new text end

new text begin (2) the significance, if any, of current rates of departure from presumptive guidelines
sentences for controlled substance crimes for identifiable categories of offenders;
new text end

new text begin (3) the impact that recent United States Supreme Court criminal sentencing decisions
have on implementing further reform;
new text end

new text begin (4) the barriers to comparing Minnesota's sentencing data with data from other states;
new text end

new text begin (5) strategies for imposing probation and supervised release violations on drug
offenders;
new text end

new text begin (6) strategies for increasing the efficacy of programs that are now available to treat
drug offenders;
new text end

new text begin (7) the likely impact of any recommended change in policy upon victims of
drug-related crimes and the neighborhoods in which these crimes occur;
new text end

new text begin (8) the likely impact of any recommended change in policy upon the efficacy of law
enforcement, prosecution, public defender, or court personnel; or
new text end

new text begin (9) any other sentencing-related matter that the working group sees fit to consider.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The working group shall report its findings and
recommendations to the chair of the house Public Safety Finance Division and the chair of
the senate Public Safety Budget Division by January 16, 2009.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end