1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to public defense; authorizing access to 1.3 various criminal and juvenile justice databases for 1.4 purposes of criminal defense; amending Minnesota 1.5 Statutes 1998, sections 299C.147, subdivisions 2 and 1.6 3; and 299C.46, subdivision 3; Minnesota Statutes 1999 1.7 Supplement, section 299C.095, subdivision 1; proposing 1.8 coding for new law in Minnesota Statutes, chapter 611. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 1999 Supplement, section 1.11 299C.095, subdivision 1, is amended to read: 1.12 Subdivision 1. [ACCESS.] (a) The bureau shall administer 1.13 and maintain the computerized juvenile history record system 1.14 based on sections 260B.171 and 260C.171 and other statutes 1.15 requiring the reporting of data on juveniles. The data in the 1.16 system are private data as defined in section 13.02, subdivision 1.17 12, but are accessible to criminal justice agencies as defined 1.18 in section 13.02, subdivision 3a, to all trial courts and 1.19 appellate courts, to a person who has access to the juvenile 1.20 court records as provided in sections 260B.171 and 260C.171 or 1.21 under court rule, to public defenders as provided in section 1.22 611.272, and to criminal justice agencies in other states in the 1.23 conduct of their official duties. 1.24 (b) Except for access authorized under paragraph (a), the 1.25 bureau shall only disseminate a juvenile adjudication history 1.26 record in connection with a background check required by statute 1.27 or rule and performed on a licensee, license applicant, or 2.1 employment applicant or performed under section 624.713. A 2.2 consent for release of information from an individual who is the 2.3 subject of a juvenile adjudication history is not effective and 2.4 the bureau shall not release a juvenile adjudication history 2.5 record and shall not release information in a manner that 2.6 reveals the existence of the record. 2.7 Sec. 2. Minnesota Statutes 1998, section 299C.147, 2.8 subdivision 2, is amended to read: 2.9 Subd. 2. [ESTABLISHMENT.] The bureau shall administer and 2.10 maintain a computerized data system for the purpose of assisting 2.11 criminal justice agencies in monitoring and enforcing the 2.12 conditions of conditional release imposed on criminal offenders 2.13 by a sentencing court or the commissioner of corrections. The 2.14 data in the system are private data as defined in section 13.02, 2.15 subdivision 12, but are accessible to criminal justice agencies 2.16 as defined in section 13.02, subdivision 3a, to public defenders 2.17 as provided in section 611.272, and to criminal justice agencies 2.18 in other states in the conduct of their official duties. 2.19 Sec. 3. Minnesota Statutes 1998, section 299C.147, 2.20 subdivision 3, is amended to read: 2.21 Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 2.22 criminal justice agencies may submit data to
and obtain data2.23 fromthe conditional release data system and only persons who 2.24 are authorized users under subdivision 2 may obtain data from 2.25 the system. The commissioner of corrections may require that 2.26 any or all information be submitted to the conditional release 2.27 data system. A consent to the release of data in the 2.28 conditional release data system from the individual who is the 2.29 subject of the data is not effective. 2.30 Sec. 4. Minnesota Statutes 1998, section 299C.46, 2.31 subdivision 3, is amended to read: 2.32 Subd. 3. [AUTHORIZED USE, FEE.] (a) The criminal justice 2.33 data communications network shall be used exclusively by: 2.34 (1) criminal justice agencies in connection with the 2.35 performance of duties required by law; 2.36 (2) agencies investigating federal security clearances of 3.1 individuals for assignment or retention in federal employment 3.2 with duties related to national security, as required by Public 3.3 Law Number 99-1691; 3.4 (3) other agencies to the extent necessary to provide for 3.5 protection of the public or property in an emergency or disaster 3.6 situation; 3.7 (4) noncriminal justice agencies statutorily mandated, by 3.8 state or national law, to conduct checks into state databases 3.9 prior to disbursing licenses or providing benefits; and3.10 (5) the public authority responsible for child support 3.11 enforcement in connection with the performance of its duties; 3.12 and 3.13 (6) the public defender, as provided in section 611.272. 3.14 (b) The commissioner of public safety shall establish a 3.15 monthly network access charge to be paid by each participating 3.16 criminal justice agency. The network access charge shall be a 3.17 standard fee established for each terminal, computer, or other 3.18 equipment directly addressable by the data communications 3.19 network, as follows: January 1, 1984 to December 31, 1984, $40 3.20 connect fee per month; January 1, 1985 and thereafter, $50 3.21 connect fee per month. 3.22 (c) The commissioner of public safety is authorized to 3.23 arrange for the connection of the data communications network 3.24 with the criminal justice information system of the federal 3.25 government, any adjacent state, or Canada. 3.26 Sec. 5. [611.272] [ACCESS TO GOVERNMENT DATA.] 3.27 The district public defender, the state public defender, or 3.28 an attorney working for a public defense corporation under 3.29 section 611.216 have access to the criminal justice data 3.30 communications network described in section 299C.46, as provided 3.31 in this section. Access to data under this section is limited 3.32 to data regarding the public defender's own client as necessary 3.33 to prepare criminal cases in which the public defender has been 3.34 appointed, including, but not limited to, criminal history data 3.35 under section 13.87; juvenile offender data under section 3.36 299C.095; warrant information data under section 299C.115; 4.1 incarceration data under section 299C.14; conditional release 4.2 data under section 299C.147; and diversion program data under 4.3 section 299C.46, subdivision 5. The public defender does not 4.4 have access to law enforcement active investigative data under 4.5 section 13.82, subdivision 5; data protected under section 4.6 13.82, subdivision 10; or confidential arrest warrant indices 4.7 data under section 13.82, subdivision 12. The public defender 4.8 has access to the data at no charge, except for the monthly 4.9 network access charge under section 299C.46, subdivision 3, 4.10 paragraph (b), and a reasonable installation charge for a 4.11 terminal.