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HF 2996

Conference Committee Report - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to corrections; authorizing deferral of judgment for certain drug
offenses; repealing the sunset on early release of nonviolent controlled substance
offenders; requiring the commissioner of corrections to develop a marketing plan
for MINNCOR industries; defining long-term homelessness to include persons
released from incarceration for purposes of receiving supportive services;
granting the Department of Corrections access to DEED preconfinement data
on inmates; providing a tax credit to employers that employ persons with
criminal records; requiring the commissioner of corrections to study re-entry
facilities and programming; increasing funding for chemical and mental health
treatment for inmates and probationers; creating a certificate of rehabilitation;
establishing a task force to study and recommend approaches for developing a
re-entry court pilot program; establishing a controlled substance law working
group; requiring the commissioner of corrections to conduct an internal review
of parole and supervised release procedures and sanctions; appropriating money;
amending Minnesota Statutes 2006, sections 152.18, subdivision 1; 241.27, by
adding a subdivision; 256K.26, subdivision 3; 290.06, by adding a subdivision;
611A.06, subdivision 1a; Minnesota Statutes 2007 Supplement, section 268.19,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 364;
repealing Minnesota Statutes 2006, section 244.055, subdivision 11.

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

Section 1.

Minnesota Statutes 2006, section 152.18, subdivision 1, is amended to read:


Subdivision 1.

Deferring prosecution for certain first time drug offenders.

If
any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2
, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance,
after trial or upon a plea of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under section 152.01, subdivision
16a
, the court deleted text begin maydeleted text end new text begin shallnew text end , without entering a judgment of guilty and with the consent of
the person, new text begin either (1) new text end defer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violationdeleted text begin . The courtdeleted text end new text begin or (2) enter a written finding that states
substantial and compelling reasons why a deferral is inappropriate. For any other person
who is found guilty of a violation of section 152.024, subdivision 2; 152.025, subdivision
2; or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial
or upon a plea of guilty, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period not to exceed the maximum sentence provided for the
violation. If the court grants a deferral, it
new text end may give the person the opportunity to attend
and participate in an appropriate program of education regarding the nature and effects of
alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
The court may, in its discretion, dismiss the proceedings against the person and discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 241.27, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Marketing plan. new text end

new text begin The commissioner of corrections, in conjunction with
the commissioner of employment and economic development, shall develop and maintain
a formal marketing plan to attract private sector businesses and industries to employ inmate
services through MINNCOR industries. The plan shall be reviewed and updated annually.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 256K.26, subdivision 3, is amended to read:


Subd. 3.

Definitions.

For purposes of this section, the following terms have the
meanings given:

(1) "long-term homelessness" meansnew text begin : (i)new text end lacking a permanent place to live
continuously for one year or more or at least four times in the past three years;new text begin or (ii) being
released from incarceration or other detention under federal or state law;
new text end and

(2) "household" means an individual, family, or unaccompanied minor experiencing
long-term homelessness.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 4.

Minnesota Statutes 2007 Supplement, section 268.19, subdivision 1, is
amended to read:


Subdivision 1.

Use of data.

(a) Except as provided by this section, data gathered
from any person under the administration of the Minnesota Unemployment Insurance Law
are private data on individuals or nonpublic data not on individuals as defined in section
13.02, subdivisions 9 and 12, and may not be disclosed except according to a district court
order or section 13.05. A subpoena is not considered a district court order. These data
may be disseminated to and used by the following agencies without the consent of the
subject of the data:

(1) state and federal agencies specifically authorized access to the data by state
or federal law;

(2) any agency of any other state or any federal agency charged with the
administration of an unemployment insurance program;

(3) any agency responsible for the maintenance of a system of public employment
offices for the purpose of assisting individuals in obtaining employment;

(4) the public authority responsible for child support in Minnesota or any other
state in accordance with section 256.978;

(5) human rights agencies within Minnesota that have enforcement powers;

(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;

(7) public and private agencies responsible for administering publicly financed
assistance programs for the purpose of monitoring the eligibility of the program's
recipients;

(8) the Department of Labor and Industry and the Division of Insurance Fraud
Prevention in the Department of Commerce for uses consistent with the administration of
their duties under Minnesota law;

(9) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program by providing data on recipients and former recipients of food stamps or food
support, cash assistance under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B, 256D, or 256L;

(10) local and state welfare agencies for the purpose of identifying employment,
wages, and other information to assist in the collection of an overpayment debt in an
assistance program;

(11) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of
a criminal investigation;

(12) the United States Citizenship and Immigration Services has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;

(13) the Department of Health for the purposes of epidemiologic investigations; and

(14) the Department of Corrections for the purpose ofnew text begin preconfinement and
new text end postconfinement employment tracking of deleted text begin individuals who had been committed to the
custody of the commissioner of corrections
deleted text end new text begin committed offenders for the purpose of case
planning
new text end .

(b) Data on individuals and employers that are collected, maintained, or used by
the department in an investigation under section 268.182 are confidential as to data
on individuals and protected nonpublic data not on individuals as defined in section
13.02, subdivisions 3 and 13, and must not be disclosed except under statute or district
court order or to a party named in a criminal proceeding, administrative or judicial, for
preparation of a defense.

(c) Data gathered by the department in the administration of the Minnesota
unemployment insurance program must not be made the subject or the basis for any
suit in any civil proceedings, administrative or judicial, unless the action is initiated by
the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 5.

Minnesota Statutes 2006, section 290.06, is amended by adding a subdivision
to read:


new text begin Subd. 34. new text end

new text begin Ex-felon tax credit. new text end

new text begin (a) A taxpayer is allowed a credit against the tax
imposed under this chapter for employment of qualified ex-felons.
new text end

new text begin (b) "Qualified ex-felon" has the meaning given in section 51 of the Internal Revenue
Code.
new text end

new text begin (c) The credit equals the credit allowed under section 51 of the Internal Revenue
Code without regard to the limitation to federal liability, but is limited to the portion of the
federal credit allowed for employment of qualified ex-felons.
new text end

new text begin (d) The credit under this subdivision is in effect without regard to whether or not the
credit allowed under section 51 of the Internal Revenue Code is allowed for wages paid
during the taxable year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after
December 31, 2007.
new text end

Sec. 6.

new text begin [364.20] CERTIFICATE OF GOOD CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Petition; filing fee. new text end

new text begin A person who has been convicted or adjudicated
delinquent for a crime may petition a court for a certificate of good conduct as provided
in this section. A petition may seek a certificate for a single crime or multiple crimes.
When filing the petition, the person shall pay a filing fee in the amount required under
section 357.021, subdivision 2, clause (1), unless the court allows the petitioner to proceed
in forma pauperis under section 563.01.
new text end

new text begin Subd. 2. new text end

new text begin Contents of petition. new text end

new text begin (a) A petition for a certificate of good conduct must
be signed under oath by the petitioner and state the following:
new text end

new text begin (1) the petitioner's full name and all other legal names or aliases by which the
petitioner has been known at any time;
new text end

new text begin (2) the petitioner's date of birth;
new text end

new text begin (3) all of the petitioner's addresses from the date of the offense in connection with
which a certificate is sought, to the date of the petition;
new text end

new text begin (4) why the certificate is sought and why it should be granted;
new text end

new text begin (5) the details of the offense for which the certificate is sought, including the date
and jurisdiction of the offense; either the names of any victims or that there were no
identifiable victims; whether there is a current order for protection, restraining order, or
other no contact order prohibiting the petitioner from contacting the victims or whether
there has ever been a prior order for protection or restraining order prohibiting the
petitioner from contacting the victims; the court file number; and the date of conviction;
new text end

new text begin (6) what steps the petitioner has taken since the time of the offense toward personal
rehabilitation, including treatment, work, or other personal history that demonstrates
rehabilitation;
new text end

new text begin (7) the petitioner's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which the certificate is sought;
new text end

new text begin (8) the petitioner's criminal charges record indicating all prior and pending criminal
charges against the petitioner in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal or stayed for adjudication, or have been the
subject of pretrial diversion; and
new text end

new text begin (9) all prior requests by the petitioner, whether for the present offense or for any
other offenses, in this state or any other state or federal court, for pardon, return of arrest
records, expungement or sealing of a criminal record, or certificate of good conduct or
similar certificate, whether granted or not, and all stays of adjudication or imposition of
sentence involving the petitioner.
new text end

new text begin (b) If there is a current order for protection, restraining order, or other no contact
order prohibiting the petitioner from contacting the victims or there has ever been a prior
order for protection or restraining order prohibiting the petitioner from contacting the
victims, the petitioner shall attach a copy of the order to the petition.
new text end

new text begin Subd. 3. new text end

new text begin Service of petition and proposed order. new text end

new text begin (a) The petitioner shall serve by
mail the petition for a certificate of good conduct and a proposed certificate order on the
prosecutorial office that had jurisdiction over the offense for which the certificate is sought.
new text end

new text begin (b) The prosecutorial office that had jurisdiction over the offense for which the
certificate is sought shall serve by mail the petition for the certificate and the proposed
certificate order on any victims of the offense for which the certificate is sought who have
requested notice pursuant to section 611A.06. Service under this paragraph does not
constitute a violation of an existing order for protection, restraining order, or other no
contact order.
new text end

new text begin (c) The prosecutorial office's notice to victims of the offense under this subdivision
must specifically inform the victims of the victims' right to be present and to submit an
oral or written statement at the hearing described in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin A hearing on the petition must be held no sooner than 60 days
after service of the petition. If the petition is filed in the judicial district where the offender
was sentenced, the sentencing judge should preside over the hearing when possible.
Parties to the action may call witnesses to establish or refute the petitioner's eligibility for
the certificate. A victim of the offense for which a certificate is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing any conduct
of the offender that has occurred after the offender's sentencing that is relevant to the issue
of whether the offender has been rehabilitated, including the effect of this conduct upon
the victim. The judge shall consider the victim's statement when making a decision.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility. new text end

new text begin A person is eligible for a certificate of good conduct under this
section if the following conditions are met:
new text end

new text begin (1) the person has been successfully discharged from the sentence imposed for the
offense for which the certificate is sought and is not under correctional supervision for
any other offense;
new text end

new text begin (2) the person is not currently required to register as a predatory offender under
section 243.166;
new text end

new text begin (3) the person has been law abiding for the following period immediately preceding
the filing of the petition: (i) for a person convicted of a crime against the person or who
was required to register as a predatory offender, five years; or (ii) for all other persons,
three years;
new text end

new text begin (4) the person demonstrates rehabilitation, which may be shown, among other
ways, by evidence of the person's good character, employment, volunteer activities, or
participation in vocational, educational, treatment, or rehabilitation programs;
new text end

new text begin (5) the person has paid or the court determines the person is making a good faith
and consistent effort to pay court-ordered fines, restitution, and other costs related to the
crime for which the certificate is sought;
new text end

new text begin (6) for petitions for certificates for crimes where an element of the offense involved
alcohol or a controlled substance, that the person is not abusing alcohol or using a
controlled substance;
new text end

new text begin (7) the issuance of the certificate is consistent with the public interest; and
new text end

new text begin (8) any other factor deemed relevant by the court, including, but not limited to, the
severity of the conduct that constituted the offense for which the certificate is sought.
new text end

new text begin Subd. 6. new text end

new text begin Issuance of certificate. new text end

new text begin A judge shall issue a certificate of good conduct
to a petitioner if the petitioner establishes by a preponderance of the evidence that the
petitioner meets the eligibility requirements specified in subdivision 5, clauses (1) to (7),
and any other factor required by the court under subdivision 5, clause (8).
new text end

new text begin Subd. 7. new text end

new text begin Record with Bureau of Criminal Apprehension. new text end

new text begin After ruling on a
petition under this section, the court shall notify the Bureau of Criminal Apprehension of
the court's ruling. The bureau shall record the court's ruling on the petitioner's criminal
record.
new text end

new text begin Subd. 8. new text end

new text begin Effect of certificate. new text end

new text begin (a) A certificate of good conduct issued under this
section creates a presumption of rehabilitation in favor of the person to whom it was issued
and relieves the person of any state-imposed collateral sanction, as defined in section
609B.050, relating to eligibility for housing, employment, or professional licensing arising
from a crime for which the certificate was issued.
new text end

new text begin (b) A certificate of good conduct has no effect on collateral sanctions that are
unrelated to housing, employment, or licensing.
new text end

new text begin (c) Consistent with paragraph (a) and other applicable law, a housing or licensing
authority or employer may, but is not required to, take into account a conviction that is
the subject of a certificate of good conduct when making a housing, licensing, or hiring
decision.
new text end

new text begin (d) A housing or licensing authority or employer is not civilly or criminally liable for
relying on a certificate of good conduct when offering housing, employment, or licensing
to a person. This paragraph does not relieve a person from any other legal duty in making
a housing, employment, or licensing decision not related to the conduct that is the subject
of the certificate of good conduct.
new text end

new text begin (e) Evidence relating to a conviction for which a certificate of good conduct has been
issued is inadmissible in a civil action against a housing or licensing authority or employer
for negligence or other fault in renting, leasing, licensing, or hiring if the authority or
employer relied on the certificate when making the underlying decision.
new text end

new text begin (f) The existence of a certificate of good conduct is admissible as evidence of
reasonable care by a person who relied on it when making a housing, licensing, or hiring
decision related to the subject of the certificate.
new text end

new text begin Subd. 9. new text end

new text begin Revocation. new text end

new text begin A certificate of good conduct is revoked by operation of law
if the subject of the certificate is subsequently convicted or adjudicated delinquent for
a new crime.
new text end

new text begin Subd. 10. new text end

new text begin Limited effect. new text end

new text begin A certificate of good conduct has only the effect given
in this section. A certificate does not act as a pardon or expungement. The certificate
does not relieve the person to whom it was issued of any collateral sanctions or legal
disabilities related to predatory offender registration, eligibility to possess firearms, or
driver's license sanctions.
new text end

new text begin Subd. 11. new text end

new text begin Crime for misuse. new text end

new text begin Unless a greater penalty is specified elsewhere in
statute, a person who knowingly uses or attempts to use a revoked certificate of good
conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a
misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 7.

Minnesota Statutes 2006, section 611A.06, subdivision 1a, is amended to read:


Subd. 1a.

Notice of expungement new text begin or certificate of good conduct new text end required.

The
prosecuting authority with jurisdiction over an offense for which expungement new text begin or a
certificate of good conduct under section 364.20
new text end is being sought shall make a good faith
effort to notify a victim that the expungement new text begin or a certificate new text end is being sought if: (1) the
victim has mailed to the prosecuting authority with jurisdiction over an offense for which
expungement new text begin or a certificate new text end is being sought a written request for this notice, or (2) the
victim has indicated on a request for notice of deleted text begin expungementdeleted text end new text begin release new text end submitted under
subdivision 1 a desire to be notified in the event the offender seeks an expungement new text begin or a
certificate
new text end for the offense.

A copy of any written request for a notice of expungement new text begin or a certificate new text end request
received by the commissioner of corrections or other custodial authority shall be
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates. The prosecutorial authority complies with this section upon mailing a copy
of an expungement new text begin or a certificate new text end petition relating to the notice to the address which the
victim has most recently provided in writing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 8. new text begin GUIDELINES FOR REVOCATION OF PAROLE AND SUPERVISED
RELEASE; DEPARTMENT OF CORRECTIONS INTERNAL REVIEW; REPORT
TO LEGISLATURE.
new text end

new text begin The commissioner of corrections shall perform an internal review of the
department's guidelines for revocation of parole and supervised release. At a minimum,
the commissioner shall assess: (1) the appropriateness and proportionality of the sanctions
set forth in the guidelines; (2) the use of intermediate sanctions and the potential for
expanding the use and number of intermediate sanctions; and (3) the option of capping the
number of days that an offender may be re-incarcerated for a parole or supervised release
violation. By December 1, 2008, the commissioner shall report the results of the internal
review to the chairs and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice policy and funding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 9. 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) By July 1, 2008, the chair
of the house Public Safety Finance Division and the chair of the senate Public Safety
Budget Division 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) two representatives of state law enforcement associations;
new text end

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

new text begin (5) two representatives from community corrections and probation;
new text end

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

new text begin (7) three individuals who are not affiliated with any of the associations in clauses
(1) to (6) and who have relevant experience related to sentencing policy or the criminal
justice field; and
new text end

new text begin (8) two community members that reside in an area adversely affected by controlled
substance crimes and violent crimes, one of whom is a member of a community crime
prevention organization.
new text end

new text begin (b) Staff support for the working group shall be provided by the Department of
Corrections and the Sentencing Guidelines Commission.
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 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; and
new text end

new text begin (4) revising the criminal history point calculations for repeat drug offenders.
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 reducing probation and supervised release violations among 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

Sec. 10. new text begin RE-ENTRY FACILITIES STUDY; REPORT TO LEGISLATURE.
new text end

new text begin The commissioner of corrections shall study and make recommendations regarding
the need for and feasibility of establishing re-entry facilities designed to assist in the
reintegration of offenders released from incarceration. The commissioner shall specifically
study and make recommendations regarding: (1) whether there are existing state facilities
that can serve as re-entry facilities; (2) the cost of developing and operating re-entry
facilities; (3) what programming re-entry facilities should provide; (4) which offenders
should spend time in re-entry facilities and the amount of time offenders should spend in
the facilities; and (5) any other issues the commissioner deems appropriate. On or before
December 1, 2008, the commissioner shall submit a report containing the study's findings
and recommendations to the chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice funding and policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 11. new text begin RE-ENTRY COURT TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Judicial Council shall establish a task force to
study and recommend approaches and strategies for developing a re-entry court pilot
program. The purpose of the re-entry court is to aid the reintegration of offenders into
the community and reduce recidivism by:
new text end

new text begin (1) improving tracking and supervision of offenders upon release;
new text end

new text begin (2) preparing communities to address public safety concerns; and
new text end

new text begin (3) providing services necessary to assist offenders in reconnecting with their
families and communities.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

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

new text begin (1) a representative from the supreme court;
new text end

new text begin (2) two district court judges;
new text end

new text begin (3) a court administrator;
new text end

new text begin (4) a county attorney selected by the Minnesota County Attorneys Association;
new text end

new text begin (5) a public defender selected by the Board of Public Defense;
new text end

new text begin (6) a law enforcement representative;
new text end

new text begin (7) a representative from community corrections;
new text end

new text begin (8) the commissioner of corrections or a designee;
new text end

new text begin (9) the commissioner of human services or a designee;
new text end

new text begin (10) representatives from community organizations that specialize in mental health
counseling, substance abuse treatment, family counseling, employment and vocational
assistance; and housing assistance; and
new text end

new text begin (11) any other persons designated by the Judicial Council.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By December 1, 2008, the task force shall report to the chairs
and ranking minority members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding on its findings and recommendations
regarding a re-entry court pilot program, including anticipated costs and any legislative
recommendations. As part of its study and report, the task force shall assess the re-entry
court's ability to issue certificates of relief to offenders to exempt them from specific
collateral consequences.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 12. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the commissioner
of corrections to provide additional chemical and mental health treatment services
to inmates in state prisons and to offenders on supervised and conditional release.
This appropriation shall become part of the base level funding for the Department of
Corrections.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 244.055, subdivision 11, new text end new text begin is repealed.
new text end