HF 3345

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring deferred prosecution for certain drug
offenders; modifying provisions governing suspension of driver's license without
preliminary warning; modifying license reinstatement provisions; modifying
provisions for conditional release of nonviolent offenders; classifying certain
data as private arrest data; increasing monetary thresholds for certain property
crimes to more accurately reflect inflationary economic increases; establishing
classifications for nonconvictions and low-level offenses; prohibiting charging
fees for local correctional inmates participating in work release programs;
creating a committee to study and recommend adjusting collateral consequences
of adult criminal convictions and juvenile adjudications; repealing the sunset
on early release of qualified drug offenders; amending Minnesota Statutes
2004, sections 13.871, by adding subdivisions; 152.18, subdivision 1; 609.52,
subdivision 3; 609.535, subdivision 2a; 609.595, subdivisions 1, 2; 631.425,
subdivision 3; Minnesota Statutes 2005 Supplement, sections 171.18, subdivision
1; 171.29, subdivision 2; 244.055, subdivisions 2, 10; proposing coding for new
law as Minnesota Statutes, chapter 609B; repealing Minnesota Statutes 2005
Supplement, section 244.055, subdivision 11.

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

Section 1.

Minnesota Statutes 2004, section 13.871, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Arrest data not leading to conviction. new text end

new text begin Arrest data relating to arrests that
do not lead to prosecution of the subject is governed by section 609B.02.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.871, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Low-level offense. new text end

new text begin Data relating to low-level offenses and in favor of
resolutions as defined in section 609B.03, subdivision 4, is governed by section 609B.03.
new text end

Sec. 3.

Minnesota Statutes 2004, 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 may deleted text end new text begin shall new 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 violation deleted text begin . The court deleted text end new text begin or (2) enter a written finding
that states substantial and compelling reasons why a deferral is inappropriate. 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, 2006.
new text end

Sec. 4.

Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is
amended to read:

Subdivision 1.

Offenses.

The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required
upon conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or
an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
department records show that the violation contributed in causing an accident resulting in
the death or personal injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would
be grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may
not suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; deleted text begin or
deleted text end

(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that the
dishonored check has been paid in full deleted text begin . deleted text end new text begin ;
new text end

new text begin (14) has committed a violation of section 171.24, subdivision 1, within a period of
12 months of three prior convictions under that section; or
new text end

new text begin (15) has committed a violation of section 171.24, subdivision 2, within a period of
12 months of three prior convictions under that section and the person's license was
revoked for a violation of section 169.792.
new text end

However, an action taken by the commissioner under clause (2) or (5) must conform to
the recommendation of the court when made in connection with the prosecution of the
licensee.

Sec. 5.

Minnesota Statutes 2005 Supplement, section 171.29, subdivision 2, is
amended to read:

Subd. 2.

Reinstatement fees and surcharges allocated and appropriated.

(a)
An individual whose driver's license has been revoked as provided in subdivision 1,
except under section 169A.52, 169A.54, or 609.21, must pay a $30 fee before the driver's
license is reinstated.

(b) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, must pay a $250 fee plus a $40 surcharge
before the driver's license is reinstated new text begin , except as provided in paragraph (f) new text end . Beginning
July 1, 2002, the surcharge is $145. Beginning July 1, 2003, the surcharge is $430. The
$250 fee is to be credited as follows:

(1) Twenty percent must be credited to the driver services operating account in the
special revenue fund as specified in section 299A.705.

(2) Sixty-seven percent must be credited to the general fund.

(3) Eight percent must be credited to a separate account to be known as the Bureau
of Criminal Apprehension account. Money in this account may be appropriated to the
commissioner of public safety and the appropriated amount must be apportioned 80 percent
for laboratory costs and 20 percent for carrying out the provisions of section 299C.065.

(4) Five percent must be credited to a separate account to be known as the vehicle
forfeiture account, which is created in the special revenue fund. The money in the account
is annually appropriated to the commissioner for costs of handling vehicle forfeitures.

(c) The revenue from $50 of each surcharge new text begin , or $12.50 for each year of reinstatement
under paragraph (f), new text end must be credited to a separate account to be known as the traumatic
brain injury and spinal cord injury account. The money in the account is annually
appropriated to the commissioner of health to be used as follows: 83 percent for contracts
with a qualified community-based organization to provide information, resources,
and support to assist persons with traumatic brain injury and their families to access
services, and 17 percent to maintain the traumatic brain injury and spinal cord injury
registry created in section 144.662. For the purposes of this paragraph, a "qualified
community-based organization" is a private, not-for-profit organization of consumers of
traumatic brain injury services and their family members. The organization must be
registered with the United States Internal Revenue Service under section 501(c)(3) as a
tax-exempt organization and must have as its purposes:

(i) the promotion of public, family, survivor, and professional awareness of the
incidence and consequences of traumatic brain injury;

(ii) the provision of a network of support for persons with traumatic brain injury,
their families, and friends;

(iii) the development and support of programs and services to prevent traumatic
brain injury;

(iv) the establishment of education programs for persons with traumatic brain
injury; and

(v) the empowerment of persons with traumatic brain injury through participation
in its governance.

A patient's name, identifying information, or identifiable medical data must not be
disclosed to the organization without the informed voluntary written consent of the patient
or patient's guardian or, if the patient is a minor, of the parent or guardian of the patient.

(d) The remainder of the surcharge must be credited to a separate account to be
known as the remote electronic alcohol-monitoring program account. The commissioner
shall transfer the balance of this account to the commissioner of finance on a monthly
basis for deposit in the general fund.

(e) When these fees are collected by a licensing agent, appointed under section
171.061, a handling charge is imposed in the amount specified under section 171.061,
subdivision 4. The reinstatement fees and surcharge must be deposited in an approved
depository as directed under section 171.061, subdivision 4.

new text begin (f) A person whose driver's license has been revoked as provided in subdivision 1
under section 169A.52, 169A.54, or 609.21, may choose to pay 25 percent of the total
amount of the surcharge and fee required under paragraph (b) to reinstate the person's
driver's license, provided the person meets all other requirements of reinstatement. If a
person chooses to pay 25 percent of the total, the driver's license must expire after one
year. The person must pay an additional 25 percent of the total to extend the license for
an additional year for each of the next two years, provided the person is otherwise still
eligible for the license. After a final 25 percent payment of the surcharge and fee, the
license may be renewed on a standard schedule, as measured from the date of original
license issuance. A handling charge may be imposed for each installment payment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 6.

Minnesota Statutes 2005 Supplement, section 244.055, subdivision 2, is
amended to read:

Subd. 2.

Conditional release of certain nonviolent controlled substance
offenders.

An offender who has been committed to the commissioner's custody may
petition the commissioner for conditional release from prison before the offender's
scheduled supervised release date or target release date if:

(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
2a; 152.022, subdivision 2; 152.023; 152.024; or 152.025;

(2) the offender committed the crime as a result of a controlled substance addiction,
and not primarily for profit;

(3) the offender has served at least 36 months or one-half of the offender's term of
imprisonment, whichever is less;

(4) the offender successfully completed a chemical dependency treatment program
of the type described in this section while in prison;

(5) the offender has not previously been conditionally released under this section; and

(6) the offender has not within the past ten years been convicted or deleted text begin adjudicated
delinquent deleted text end new text begin received an executed adult sentence pursuant to an extended jurisdiction
juvenile disposition under section 260B.130 new text end for a violent crime as defined in section
609.1095 other than the current conviction for the controlled substance offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is
amended to read:

Subd. 10.

Notice.

Upon receiving an offender's petition for release under
subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
offender's conviction and the sentencing court. The commissioner shall give the authority
and court a reasonable opportunity to comment on the offender's potential release. new text begin If the
authority or court elects to comment, the comments must specify the reasons for the
authority or court's position. new text end This subdivision applies only to offenders sentenced before
July 1, 2005.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.52, subdivision 3, is amended to read:

Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds deleted text begin $2,500 deleted text end new text begin
$5,000 new text end , or if the property stolen was an article representing a trade secret, an explosive or
incendiary device, or a controlled substance listed in schedule I or II pursuant to section
152.02 with the exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if:

(a) the value of the property or services stolen is more than deleted text begin $500 deleted text end new text begin $1,000 new text end but not
more than deleted text begin $2,500 deleted text end new text begin $5,000 new text end ; or

(b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or

(c) the value of the property or services stolen is more than deleted text begin $250 deleted text end new text begin $500 new text end but not more
than deleted text begin $500 deleted text end new text begin $1,000 new text end and the person has been convicted within the preceding five years for an
offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than deleted text begin $500 deleted text end new text begin $1,000 new text end , and
any of the following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than deleted text begin $250 deleted text end new text begin $500 new text end
but not more than deleted text begin $500 deleted text end new text begin $1,000 new text end ; or

(5) in all other cases where the value of the property or services stolen is deleted text begin $250 deleted text end new text begin
$500 new text end or less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
by the defendant in violation of any one or more of the above provisions within any
six-month period may be aggregated and the defendant charged accordingly in applying
the provisions of this subdivision; provided that when two or more offenses are committed
by the same person in two or more counties, the accused may be prosecuted in any county
in which one of the offenses was committed for all of the offenses aggregated under
this paragraph.

Sec. 9.

Minnesota Statutes 2004, section 609.535, subdivision 2a, is amended to read:

Subd. 2a.

Penalties.

(a) A person who is convicted of issuing a dishonored check
under subdivision 2 may be sentenced as follows:

(1) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $500 deleted text end new text begin $1,000 new text end ;

(2) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $250 deleted text end new text begin $500 new text end but not more than deleted text begin $500 deleted text end new text begin $1,000 new text end ; or

(3) to imprisonment for not more than 90 days or to payment of a fine of not more
than $1,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is not more than deleted text begin $250 deleted text end new text begin $500 new text end .

(b) In a prosecution under this subdivision, the value of dishonored checks issued
by the defendant in violation of this subdivision within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the dishonored checks was issued for all
of the offenses aggregated under this paragraph.

Sec. 10.

Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:

Subdivision 1.

Criminal damage to property in the first degree.

Whoever
intentionally causes damage to physical property of another without the latter's consent
may be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both, if:

(1) the damage to the property caused a reasonably foreseeable risk of bodily
harm; or

(2) the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or

(3) the damage reduces the value of the property by more than deleted text begin $500 deleted text end new text begin $1,000 new text end measured
by the cost of repair and replacement; or

(4) the damage reduces the value of the property by more than deleted text begin $250 deleted text end new text begin $500 new text end measured
by the cost of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.

In any prosecution under clause (3), the value of any property damaged by the
defendant in violation of that clause within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed for
all of the offenses aggregated under this paragraph.

Sec. 11.

Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:

Subd. 2.

Criminal damage to property in the third degree.

(a) Except as
otherwise provided in subdivision 1a, whoever intentionally causes damage to another
person's physical property without the other person's consent may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both, if the damage reduces the value of the property by more than deleted text begin $250 deleted text end new text begin $500 new text end but not
more than deleted text begin $500 deleted text end new text begin $1,000 new text end as measured by the cost of repair and replacement.

(b) Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's actual
or perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
value of the property by not more than deleted text begin $250 deleted text end new text begin $500 new text end .

(c) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more
offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.

Sec. 12.

new text begin [609B.01] RETENTION OF NONCONVICTION AND FAVORABLE
RESOLUTION DATA.
new text end

new text begin This chapter provides for the nonpublic retention of data relating to (1) arrests that
do not lead to prosecution and (2) charged offenses resolved in favor of the subject of the
data. Nothing in this chapter authorizes the destruction or sealing of data. The data shall
remain accessible to law enforcement and may be made public for any of the purposes set
forth in section 13.82, subdivision 15, or pursuant to court order.
new text end

Sec. 13.

new text begin [609B.02] ARREST DATA NOT LEADING TO PROSECUTION.
new text end

new text begin Subdivision 1. new text end

new text begin Reclassification of arrest data as private arrest data. new text end

new text begin On the
expiration of 180 days from the date of an arrest, arrest data pertaining to the person
arrested shall be after that classified as private arrest data as defined in subdivision 2
unless the arrest has lead to the prosecution of the subject of the data.
new text end

new text begin Subd. 2. new text end

new text begin Definition of private arrest data. new text end

new text begin Data reclassified as private arrest data
pursuant to subdivision 1 shall be governed by the definition of private data on individuals
under section 13.02, subdivision 12, except that the data shall not be released or made
accessible to the public unless done so by the arresting law enforcement agency for a
purpose set forth in section 13.82, subdivision 15, or pursuant to a court order.
new text end

new text begin Subd. 3. new text end

new text begin Responsibility for reclassification. new text end

new text begin It shall be the responsibility of the
arresting law enforcement agency to reclassify the arrest data in the agency's possession
as private arrest data and to notify all other criminal justice agencies enumerated in section
13.02, subdivision 3a, to which it has transmitted the data, including the Bureau of
Criminal Apprehension, that the arrest data has been reclassified as private arrest data.
Any agency receiving the notification shall reclassify the arrest data in its possession
regarding the subject of the notification, if any, as private arrest data.
new text end

Sec. 14.

new text begin [609B.03] DATA ON OFFENSES RESOLVED IN FAVOR OF
INDIVIDUAL.
new text end

new text begin Subdivision 1. new text end

new text begin Reclassification of data resolved in favor of individual. new text end

new text begin Upon the
favorable resolution of a criminal action, as defined in subdivision 4, all criminal justice
agency records pertaining to the action shall after that be classified as private data on
actions favorably resolved, as defined in subdivision 2, and all judicial records shall after
that be made inaccessible to the public, unless the prosecuting attorney upon motion
with not less than five days' notice to the person or the person's attorney demonstrates
to the satisfaction of the court that the interests of justice require otherwise, or the court
on its own motion with not less than five days' notice to the person or the person's
attorney determines that the interests of justice require otherwise and states the reasons for
the determination on the record.
new text end

new text begin Subd. 2. new text end

new text begin Definition of data on actions favorably resolved. new text end

new text begin Data reclassified as
private data pursuant to subdivision 1 shall be governed by the definition of private data on
individuals under section 13.02, subdivision 12, except that the data shall not be released
or made accessible to the public unless done so by the prosecuting authority for a purpose
set forth in section 13.82, subdivision 15, or pursuant to a court order.
new text end

new text begin Subd. 3. new text end

new text begin Responsibility of reclassification. new text end

new text begin Upon the favorable resolution of an
action as defined in subdivision 4, it is the responsibility of the clerk of court to make
the judicial records pertaining to the action inaccessible to the public and to notify the
superintendent of the Bureau of Criminal Apprehension, the Department of Corrections,
the prosecuting authority, and the heads of all appropriate law enforcement agencies, and,
unless the court has directed otherwise, that the criminal justice agency records related to
the action shall be classified as private data.
new text end

new text begin Subd. 4. new text end

new text begin Resolutions resulting in reclassification. new text end

new text begin For purposes of subdivision 1, a
criminal action against a person is resolved in favor of that person if:
new text end

new text begin (1) charges against a person were dismissed;
new text end

new text begin (2) the person was acquitted;
new text end

new text begin (3) charges against the person were dismissed pursuant to a continuance for
dismissal;
new text end

new text begin (4) charges against the person were dismissed upon successful completion of a
pretrial diversion program or pursuant to section 152.18;
new text end

new text begin (5) one year has passed since the person plead guilty to a petty misdemeanor;
new text end

new text begin (6) two years have passed since a stay of adjudication has been dismissed; or
new text end

new text begin (7) three years have passed since a stay of imposition was vacated and dismissed.
new text end

new text begin Subd. 5. new text end

new text begin Intervening charges. new text end

new text begin For purposes of subdivision 4, clauses (5) to (7),
a criminal action against a person shall not be reclassified as private data on actions
favorably resolved if new criminal charges are brought against that person during the
stated time period.
new text end

new text begin Subd. 6. new text end

new text begin Motion for reclassification. new text end

new text begin A person whose criminal action was
favorably resolved as set forth in subdivision 4, but prior to the effective date of sections
609B.01 to 609B.03, may upon motion with not less than five days' notice to the
appropriate prosecuting authority apply for an order to reclassify the criminal justice
agency records relating to the action as private data.
new text end

Sec. 15.

Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:

Subd. 3.

Continuation of employment.

If the person committed under this
section has been regularly employed, the sheriff shall arrange for a continuation of the
employment insofar as possible without interruption. If the person is not employed, the
court may designate a suitable person or agency to make reasonable efforts to secure some
suitable employment for that person. An inmate employed under this section must be paid
a fair and reasonable wage for work performed and must work at fair and reasonable hours
per day and per week. new text begin There must not be a fee or charge for the inmate to participate in
any employment under this section.
new text end

Sec. 16. new text begin COLLATERAL CONSEQUENCES COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin A collateral consequences committee is
established to study and propose adjusting collateral consequences of adult convictions and
juvenile adjudications. The committee shall identify the uses of collateral consequences of
convictions and adjudications and develop recommendations to the legislature to mitigate
the effects of those collateral consequences.
new text end

new text begin Subd. 2. new text end

new text begin Resources. new text end

new text begin The committee may use legislative staff to provide legal
counsel, research, and secretarial and clerical assistance. The Department of Corrections
shall provide technical assistance to the committee on request, with the assistance of the
commissioner of public safety and the Sentencing Guidelines Commission.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The committee consists of:
new text end

new text begin (1) two senators, one from each political party, appointed by the senate Subcommittee
on Committees of the Committee on Rules and Administration and two members of the
house of representatives, one from each political party, appointed by the speaker;
new text end

new text begin (2) one representative from each of the following groups:
new text end

new text begin (i) crime victim advocates, appointed by the commissioner of public safety;
new text end

new text begin (ii) county attorneys, appointed by the County Attorneys Association;
new text end

new text begin (iii) city attorneys, appointed by the League of Minnesota Cities;
new text end

new text begin (iv) district court judges, appointed by the Judicial Council;
new text end

new text begin (v) private criminal defense attorneys, appointed by the Minnesota Association of
Criminal Defense Lawyers;
new text end

new text begin (vi) probation officers, appointed by the Minnesota Association of County Probation
Officers; and
new text end

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

new text begin (3) the commissioner of public safety, or a designee, who shall chair the group.
new text end

new text begin Subd. 4. new text end

new text begin Recommendations. new text end

new text begin The committee shall present the legislature with
recommendations in the form of a bill that amends the statutes it has identified as in need
of revision no later than January 15, 2007. The bill shall be presented to the chairs of
the senate Crime Prevention and Public Safety Committee and the house Public Safety
and Finance Committee.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 18. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 8 to 11 and 15 are effective August 1, 2006, and apply to crimes committed
on or after that date.
new text end