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HF 3330

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/07/2022 04:13pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; requiring the Minnesota Sentencing Guidelines
Commission to maintain a publicly searchable database; amending Minnesota
Statutes 2020, section 244.09, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Publicly searchable database. new text end

new text begin (a) The commission shall maintain a public
website with a searchable database that provides the public with information on criminal
sentences stayed or imposed by the courts. The website must not include information that
is not public data, as defined in section 13.02, subdivision 8a.
new text end

new text begin (b) The website required under paragraph (a) must contain all the information transmitted
from the sentencing court to the commission including information in the sentencing
worksheet transmitted pursuant to section 609.115, subdivision 2a, and the sentencing order
and departure report, if any, sent pursuant to rule 27.03 of the Rules of Criminal Procedure.
Data received by the commission must be entered into separate fields in the database.
new text end

new text begin (c) The searchable database must allow a user of the website to:
new text end

new text begin (1) search by individual fields, including but not limited to:
new text end

new text begin (i) case number;
new text end

new text begin (ii) defendant name;
new text end

new text begin (iii) date of offense;
new text end

new text begin (iv) the judicial district where the sentence was stayed or imposed;
new text end

new text begin (v) the county where the sentence was stayed or imposed;
new text end

new text begin (vi) the year in which the sentence was stayed or imposed;
new text end

new text begin (vii) the judge who stayed or imposed the sentence;
new text end

new text begin (viii) the crime for which the sentence was stayed or imposed;
new text end

new text begin (ix) the defendant's criminal history score;
new text end

new text begin (x) the severity level of the offense for which a sentence was stayed or imposed;
new text end

new text begin (xi) executed sentences, including the length of sentence imposed and executed;
new text end

new text begin (xii) stayed sentences, including the length of probation ordered and, if applicable, the
length of sentence imposed but not executed;
new text end

new text begin (xiii) whether the sentence was a departure from the Sentencing Guidelines and, if so,
whether it was an aggravated durational, aggravated dispositional, mitigated durational,
mitigated dispositional, or hybrid departure; and
new text end

new text begin (xiv) whether a departure from the Sentencing Guidelines was ordered with prosecutor
agreement;
new text end

new text begin (2) perform a search using at least two fields;
new text end

new text begin (3) sort by each field;
new text end

new text begin (4) obtain information grouped or aggregated by each field, where groups or subtotals
are feasible; and
new text end

new text begin (5) allow the user to download the data into a user-controlled database.
new text end

Sec. 2. new text beginSEARCHABLE PUBLIC DATABASE; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the Minnesota
Sentencing Guidelines Commission to develop and maintain a publicly searchable database
pursuant to Minnesota Statutes, section 244.09, subdivision 6a. The base for this
appropriation is $....... in fiscal year 2023 and thereafter.
new text end