Minnesota Legislature
HF 4608
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 11:31am
2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25
2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 6.35 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 12.34 12.35 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19
16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13
17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25
17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16
21.17 21.18
21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33
22.34
23.1 23.2 23.3 23.4 23.5
23.6 23.7 23.8 23.9
23.10 23.11 23.12 23.13 23.14 23.15 23.16
23.17 23.18 23.19
23.20 23.21 23.22 23.23 23.24 23.25
23.26 23.27 23.28 23.29 23.30 23.31
24.1
24.2 24.3
24.4 24.5 24.6 24.7 24.8
24.9
24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 25.35 26.1 26.2
26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12
27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22
28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35
30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10
30.11 30.12 30.13 30.14 30.15 30.16
30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28
30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19
31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24
32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32
33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20
33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 34.1 34.2 34.3
34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18
36.19
36.20 36.21 36.22 36.23 36.24 36.25 36.26
36.27
36.28 36.29 36.30 36.31 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15
37.16
37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25
37.26
38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18
39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28
42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8
44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7
46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21
46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26 48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19
49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27
49.28
49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33
50.34
51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19
52.20
52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31
53.32
54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11
54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4
55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11
56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30
56.31
57.1 57.2 57.3 57.4 57.5 57.6 57.7
57.8 57.9
57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29
57.30 57.31
58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10
58.11 58.12
58.13 58.14 58.15 58.16 58.17 58.18 58.19
58.20 58.21
58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 59.1 59.2 59.3
59.4 59.5
59.6 59.7 59.8 59.9
59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24
59.25 59.26
59.27 59.28 59.29 59.30 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14
61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30
62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12
63.13 63.14
63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 64.1 64.2 64.3
64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18
64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11
65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 67.1 67.2 67.3 67.4
67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27
69.28 69.29 69.30 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30
73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3
74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17
77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 78.31 78.32 78.33 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16
80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 81.33 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 82.32 82.33 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28
84.1 84.2 84.3
84.4 84.5
84.6 84.7
84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17
84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32
85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9
85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 85.33 85.34 86.1 86.2 86.3
86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11
86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5
87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15
87.16 87.17 87.18 87.19 87.20 87.21 87.22
87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 88.34 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24
89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31
91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8
91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 91.33 91.34 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31
93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31
95.1 95.2
95.3 95.4
95.5 95.6 95.7 95.8 95.9
95.10 95.11
95.12 95.13 95.14 95.15
95.16
95.17 95.18 95.19 95.20
95.21
95.22 95.23 95.24 95.25 95.26 95.27
95.28 95.29
96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8
96.9 96.10
96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24
96.25 96.26 96.27 96.28 96.29 96.30 96.31 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18
97.19 97.20
97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14
98.15 98.16
98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10
99.11 99.12
99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29
99.30 99.31
100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15
100.16 100.17
100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30
100.31 100.32
101.1 101.2 101.3 101.4 101.5 101.6
101.7 101.8
101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28
101.29
101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12
102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21
102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 104.33 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10
105.11 105.12
105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21
105.22
105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 106.1 106.2
106.3
106.4 106.5 106.6 106.7 106.8 106.9
106.10
106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22
106.23
106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22
109.23 109.24
109.25 109.26 109.27 109.28 109.29 109.30
109.31
110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14
111.15
111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25
111.26 111.27 111.28 111.29 111.30 111.31 111.32 112.1 112.2 112.3 112.4
112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12
112.13 112.14 112.15 112.16 112.17 112.18 112.19
112.20 112.21 112.22 112.23 112.24 112.25
112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6
113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27
113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 115.1 115.2
115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13
116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21
116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21
117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9
118.10
118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34 120.1 120.2 120.3 120.4 120.5
120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31
122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8
122.9
122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28
123.29 123.30
124.1 124.2 124.3 124.4 124.5
124.6
124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14
124.15
124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24
124.25 124.26
124.27 124.28 124.29 124.30 125.1 125.2 125.3 125.4 125.5
125.6
125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32
130.1 130.2 130.3 130.4
130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15
131.16
131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8
133.9
133.10 133.11 133.12 133.13 133.14 133.15 133.16
133.17
133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30
134.1 134.2
134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10
134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 135.1 135.2
135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24
136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15
137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30
138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 138.34 139.1 139.2 139.3 139.4
139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31
140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13
140.14 140.15 140.16
140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24
140.25 140.26 140.27 140.28 140.29 140.30 140.31 141.1 141.2 141.3 141.4 141.5 141.6
141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 142.1 142.2 142.3
142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15
144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2
150.3
150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16
150.17
150.18 150.19 150.20 150.21 150.22 150.23 150.24
150.25 150.26 150.27
151.1 151.2
151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16
152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 156.34 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 162.32 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 167.33 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25
169.26 169.27
169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19
171.20
171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 173.34 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20
174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13
175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 176.33 176.34 177.1 177.2
177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 177.32
178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21
178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 178.32 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14
179.15 179.16 179.17 179.18
179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26
179.27 179.28 179.29 179.30 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15
180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 180.33 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21
181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21
183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13
184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12
185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24
185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 187.34 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 189.33 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14
190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33
191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15
191.16 191.17 191.18 191.19 191.20 191.21
191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30
192.1 192.2 192.3 192.4
192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16
192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9
195.10 195.11 195.12 195.13 195.14
195.15 195.16
A bill for an act
relating to public safety; providing policy for general crimes and public safety,
law enforcement, controlled substances, and corrections and sentencing; modifying
wine shipment policy; providing for public safety communicators; modifying
interstate compact for juveniles; establishing Office for Missing and Murdered
Black Women and Girls; establishing reward fund for information on missing and
murdered Indigenous relatives; providing for community supervision reform;
modifying certain expungement law; establishing clemency review commission;
establishing supervision standards committee for probation, supervised release,
and community supervision; establishing task forces and boards; providing for
grants; requiring reports; providing for rulemaking; appropriating money; amending
Minnesota Statutes 2020, sections 13.6905, by adding a subdivision; 13.825,
subdivision 2; 13.871, subdivision 14; 152.01, subdivisions 9a, 12a, 16, by adding
subdivisions; 152.021, subdivision 2; 152.022, subdivision 2; 152.023, subdivision
2; 152.025, subdivision 4; 152.027, subdivision 4; 152.0271; 152.096, subdivision
1; 152.18, subdivisions 1, 3; 152.32, by adding a subdivision; 214.10, subdivision
10; 241.01, subdivision 3a; 241.021, subdivisions 2a, 2b, by adding subdivisions;
241.272; 241.90; 242.192; 243.05, subdivision 1; 243.1606; 244.05, subdivisions
3, 5; 244.09, subdivisions 5, 10; 244.19, subdivisions 1, 5; 244.195, subdivision
1, by adding subdivisions; 244.20; 244.21; 256I.04, subdivision 2g; 260.515;
260B.163, subdivision 1; 260B.176, subdivision 2, by adding a subdivision;
260B.198, subdivision 1; 260C.007, subdivision 6; 299A.01, subdivision 2, by
adding a subdivision; 299A.49, subdivision 2; 299A.50, subdivision 1; 299A.51;
299A.706; 299A.78, subdivision 1; 299A.79, subdivision 3; 299C.10, subdivision
1; 299C.111; 299C.17; 299C.46, subdivision 1; 299C.65, subdivisions 1a, 3a;
299F.362; 326.3361, subdivision 2; 340A.304; 340A.417; 401.01; 401.02; 401.04;
401.09; 401.10; 401.11; 401.12; 401.14, subdivisions 1, 3; 401.15, subdivision 2;
401.16; 403.02, by adding a subdivision; 541.073, subdivision 2; 573.02,
subdivision 1; 609.05, by adding a subdivision; 609.165, subdivisions 1a, 1b;
609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a subdivision;
609.87, by adding a subdivision; 609.89, subdivision 1; 609A.01; 609A.02, by
adding a subdivision; 609A.03, subdivisions 5, 9; 611A.03, subdivision 1; 626.76,
by adding a subdivision; 626.843, subdivision 1, by adding subdivisions; 626.8473,
subdivision 3; 626.89, subdivision 17; 626.93, by adding a subdivision; 626A.35,
by adding a subdivision; 629.341, subdivisions 3, 4; 629.72, subdivision 6; 638.01;
641.15, subdivision 2; Minnesota Statutes 2021 Supplement, sections 152.01,
subdivision 18; 253B.18, subdivision 5a; 253D.14, subdivision 2; 401.06; 403.11,
subdivision 1; 609.02, subdivision 16; 609A.03, subdivision 7a; 628.26; Laws
2021, First Special Session chapter 11, article 1, section 15, subdivision 3; article
2, section 12; proposing coding for new law in Minnesota Statutes, chapters 152;
244; 299A; 299C; 340A; 403; 609A; 638; repealing Minnesota Statutes 2020,
sections 244.18; 244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 299A.49,
subdivision 7; 401.025; 403.02, subdivision 17c; 609.102, subdivisions 1, 2, 2a;
609.281, subdivision 2; 609.293, subdivisions 1, 5; 609.34; 609.36; 638.02; 638.03;
638.04; 638.05; 638.06; 638.07; 638.075; 638.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
11, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2022" and "2023" used in this article mean that
the addition to or subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The first year" is fiscal
year 2022. "The second year" is fiscal year 2023. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2022, are effective the day following
final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|||||
Sec. 2. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
15,000,000 new text end |
new text begin
$ new text end |
new text begin
146,655,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
Trunk Highway new text end |
new text begin
-0- new text end |
new text begin
252,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
2,600,000 new text end |
|
new text begin
General new text end |
new text begin
15,000,000 new text end |
new text begin
143,803,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
-0- new text end |
new text begin
4,225,000 new text end |
||||
new text begin
(a) Local Government Emergency
Management
new text end
new text begin
$1,500,000 in fiscal year 2023 is for grants in
equal amounts to the emergency management
organizations of the 87 counties, 11 federally
recognized Tribes, and four cities of the first
class for planning and preparedness activities,
including capital purchases. Local emergency
management organizations must make a
request to the Homeland Security and
Emergency Management Division for these
grants. Current local funding for emergency
management and preparedness activities may
not be supplanted by these additional state
funds. The commissioner may use up to one
percent of the appropriation received under
this paragraph to pay costs incurred by the
department in administering the local
government emergency management grant
program.
new text end
new text begin
By March 15, 2023, the commissioner of
public safety must submit a report on the grant
awards to the chairs and ranking minority
members of the legislative committees with
jurisdiction over emergency management and
preparedness activities. At a minimum, the
report must identify grant recipients and
summarize grantee activities.
new text end
new text begin
(b) First Responder Wellness Office
new text end
new text begin
$2,000,000 in fiscal year 2023 is to establish
an office that will provide leadership and
resources for improving the mental health of
first responders statewide. The base is
$1,000,000 in fiscal year 2024 and thereafter.
new text end
|
new text begin
(c) Mutual Aid |
new text begin
-0- new text end |
new text begin
500,000 new text end |
||||
new text begin
$500,000 in fiscal year 2023 is for mutual aid
response training. This appropriation is
onetime.
new text end
new text begin
(d) Supplemental Nonprofit Security Grants
new text end
new text begin
$225,000 in fiscal year 2023 is for
supplemental nonprofit security grants under
this paragraph.
new text end
new text begin
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program that have been approved by the
Division of Homeland Security and
Emergency Management are eligible for grants
under this paragraph. No additional application
shall be required for grants under this
paragraph, and an application for a grant from
the federal program is also an application for
funding from the state supplemental program.
new text end
new text begin
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end
new text begin
The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal
|
new text begin
-0- new text end |
new text begin
5,664,000 new text end |
new text begin
(a) Violent Crime Reduction Support
new text end
new text begin
$1,779,000 in fiscal year 2023 is to support
violent crime reduction strategies. This
includes funding for staff and supplies to
enhance forensic and analytical capacity.
new text end
new text begin
(b) BCA Accreditation
new text end
new text begin
$186,000 in fiscal year 2023 is to support the
Bureau of Criminal Apprehension to achieve
and maintain law enforcement accreditation
from an accreditation body. This includes
funding for staff, accreditation costs, and
supplies. The base is $170,000 in fiscal year
2024 and thereafter.
new text end
new text begin
(c) Cybersecurity Upgrades
new text end
new text begin
$2,391,000 in fiscal year 2023 is for identity
and access management, critical infrastructure
upgrades, and Federal Bureau of Investigation
audit compliance. This appropriation is
available through June 30, 2024. The base is
$900,000 in fiscal year 2024 and thereafter.
new text end
|
new text begin
(d) Marijuana Penalties |
||||||
new text begin
$208,000 in fiscal year 2023 is for computer
programming, forensic testing, and supplies
related to changes in criminal penalties for
marijuana. The base is $191,000 in fiscal year
2024 and thereafter.
new text end
|
new text begin
(e) Expungements |
||||||
new text begin
$1,100,000 in fiscal year 2023 is for costs
related to expungements of criminal records.
The base is $520,000 in fiscal year 2024 and
$0 for fiscal year 2025.
new text end
new text begin Subd. 4. new text end
new text begin
Office of Justice Programs; Total
|
new text begin
15,000,000 new text end |
new text begin
119,498,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Special Revenue new text end |
new text begin
-0- new text end |
new text begin
2,600,000 new text end |
|
new text begin
General new text end |
new text begin
15,000,000 new text end |
new text begin
116,898,000 new text end |
new text begin
(a) Minnesota Heals
new text end
new text begin
$1,000,000 in fiscal year 2023 is for a
statewide community healing program; for
statewide critical incident stress management
services for first responders; and grants for
trauma services and burial costs following
officer-involved deaths. This appropriation
may be used for new staff to support these
programs. From this amount, the director may
award a grant to a nonprofit that provides
equine experiential mental health therapy to
first responders suffering from job-related
trauma and post-traumatic stress disorder. For
purposes of this paragraph, "first responder"
means a peace officer as defined in Minnesota
Statutes, section 626.84, subdivision 1,
paragraph (c); a full-time firefighter as defined
in Minnesota Statutes, section 299N.03,
subdivision 5; or a volunteer firefighter as
defined in Minnesota Statutes, section
299N.03, subdivision 7. If the commissioner
issues a grant for equine experiential mental
health therapy, the grant recipient must report
to the commissioner of public safety and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety policy and finance on the therapy
provided to first responders. The report must
include an overview of the program's budget,
a detailed explanation of program
expenditures, the number of first responders
served by the program, and a list and
explanation of the services provided to, and
benefits received by, program participants. An
initial report is due by January 15, 2023, and
a final report is due by January 15, 2024.
new text end
new text begin
(b) General Crime and Trauma Recovery
Grants Funding
new text end
new text begin
$1,000,000 in fiscal year 2023 is for programs
supporting victims of general crime. These
funds may also be used to establish trauma
recovery centers in the state to support victims
of violent crime who experience trauma and
are in need of services and provide new staff
to support these programs.
new text end
new text begin
(c) Youth Development Grants
new text end
new text begin
$500,000 in fiscal year 2023 is to provide
grants to programs serving youth and for youth
violence intervention and prevention
programs. Priority for these funds must be
given to programs that employ or utilize
trauma-informed therapists to support the
youth the programs serve. These funds may
be used to administer these grants.
new text end
new text begin
(d) Crossover and Dual-Status Youth Model
Grants
new text end
new text begin
$1,000,000 in fiscal year 2023 from the
prevention services account in the special
revenue fund is to provide grants to local units
of government and federally recognized Indian
Tribes to initiate or expand crossover youth
practice model and dual-status youth programs
that provide services for youth who are in both
the child welfare and juvenile justice systems,
in accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model.
new text end
new text begin
(e) Staffing and Board Expenses
new text end
new text begin
$3,639,000 in fiscal year 2023 is to increase
staffing in the Office of Justice Programs for
grant management and compliance; build
capacity and provide technical assistance to
applicants; provide training to individuals and
entities seeking to become applicants; perform
community outreach and engagement to
improve the experiences and outcomes of
applicants, grant recipients, and crime victims
throughout Minnesota; establish and support
a final review panel; and maintain a Minnesota
Statistical Analysis Center to create ongoing
grant evaluation programs and other research
and data analysis. These funds may also be
used for the per diem and other costs necessary
to establish and support the Public Safety
Innovation Board.
new text end
new text begin
(f) Community-Based Public Safety Grants
new text end
new text begin
$1,530,000 in fiscal year 2023 is for
community-based public safety grants. The
base is $315,000 in fiscal year 2024 and
thereafter.
new text end
new text begin
(g) Prosecutor Training
new text end
new text begin
$25,000 in fiscal year 2023 is for prosecutor
training.
new text end
new text begin
(h) Alternatives to Juvenile Detention -
Youth Conflict Resolution Centers Grants
new text end
new text begin
$1,400,000 in fiscal year 2023 is to establish
and maintain youth conflict resolution centers
as alternatives to juvenile detention.
new text end
new text begin
(i) Direct Assistance to Crime Victim
Survivors
new text end
new text begin
$4,000,000 in fiscal year 2023 is for an
increase in base funding for crime victim
services for the Office of Justice Programs to
provide grants for direct services and advocacy
for victims of sexual assault, general crime,
domestic violence, and child abuse. Funding
must support the direct needs of organizations
serving victims of crime by providing: direct
client assistance to crime victims; competitive
wages for direct service staff; hotel stays and
other housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and other needs of
organizations and crime victim survivors.
Services funded must include services for
victims of crime in underserved communities
most impacted by violence and reflect the
ethnic, racial, economic, cultural, and
geographic diversity of the state. The Office
of Justice Programs shall prioritize culturally
specific programs, or organizations led and
staffed by persons of color that primarily serve
communities of color, in funding allocation.
The base is $2,000,000 in fiscal year 2024 and
thereafter.
new text end
new text begin
(j) Combatting Sex Trafficking
new text end
new text begin
$1,500,000 in fiscal year 2023 is for grants to
state and local units of government for the
following purposes:
new text end
new text begin
(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
new text end
new text begin
(2) to provide technical assistance for sex
trafficking crimes, including case consultation,
to law enforcement agencies statewide.
new text end
new text begin
(k) Epinephrine Auto-Injector
Reimbursement Grants
new text end
new text begin
$1,000,000 in fiscal year 2023 is for grants to
local law enforcement agencies to reimburse
the costs of obtaining epinephrine
auto-injectors and replacing epinephrine
auto-injectors that have expired.
new text end
new text begin
(l) Office of Missing and Murdered Black
Women and Girls
new text end
new text begin
$500,000 in fiscal year 2023 is to establish
and operate the Office of Missing and
Murdered Black Women and Girls.
new text end
new text begin
(m) Reward Fund for Missing and
Murdered Indigenous Relatives
new text end
new text begin
$110,000 in fiscal year 2023 is to pay rewards
for information related to investigations of
missing and murdered Indigenous relatives
under Minnesota Statutes, section 299A.86.
new text end
new text begin
(n) Youth Intervention Program
new text end
new text begin
$1,000,000 in fiscal year 2023 is for the youth
intervention grants program under Minnesota
statutes, section 299A.73. Money appropriated
under this section is available to programs that
are currently supported by youth intervention
program grants. This is a onetime
appropriation.
new text end
new text begin
(o) Task Force on the Statewide Response
to Substance Abuse
new text end
new text begin
$144,000 in fiscal year 2023 is to implement
the Task Force on the Statewide Response to
Substance Abuse. The base is $154,000 in
fiscal year 2024 and $66,000 in fiscal year
2025. The base is $0 in fiscal year 2026 and
thereafter.
new text end
new text begin
(p) Task Force on a Coordinated Approach
to Juvenile Wellness and Justice
new text end
new text begin
$150,000 in fiscal year 2023 is to implement
the Task Force on a Coordinated Approach to
Juvenile Wellness and Justice. This is a
onetime appropriation.
new text end
new text begin
(q) Juvenile Prevention Services
new text end
new text begin
In fiscal year 2023, $150,000 from the general
fund and $1,600,000 from the prevention
services account in the special revenue fund
are appropriated for grants to provide
prevention services. Grant recipients may be
local units of government, federally
recognized Indian Tribes, or nonprofit
organizations. Recipients must use funds to
establish or support programs designed to
prevent juveniles from entering the criminal
or juvenile justice systems through approaches
that encourage a youth's involvement in the
community, provide wrap-around services for
at-risk youth, or include culturally appropriate
behavioral health interventions for youth.
Specific programs may include but are not
limited to after-school programs, mentorship
programs, tutoring programs, programs that
employ restorative justice techniques such as
peacemaking circles, or programs based on
the Developmental Assets Framework of the
Search Institute.
new text end
new text begin
(r) Juvenile Intervention Services
new text end
new text begin
$2,500,000 in fiscal year 2023 is to provide
intervention and healing services. Grant
recipients may be local units of government,
federally recognized Indian Tribes, or
nonprofit organizations. Recipients must use
funds to provide intervention services to youth
involved in the juvenile or criminal justice
systems. Intervention services must engage
youth who have been involved in the justice
system with the aim to create community
connections between the youth and their
community, promote community healing, and
employ restorative justice techniques such as
circles, panels, or victim-offender mediation.
new text end
new text begin
(s) Mental Health Services and Wellness
Support for Juveniles and Families
new text end
new text begin
$1,750,000 in fiscal year 2023 is for grants to
organizations to provide mental health and
wellness support services for youth involved
in the juvenile justice system and their
families. Funding for mental health services
is for individuals or organizations that provide
mental health services for youth involved in
the juvenile justice system, including
residential settings or community-based
treatment. Funds must be used to support
programs designed with input from youth with
lived experience, as well as individuals with
professional expertise. Wellness support
services for families of young people placed
out of home following a juvenile delinquency
adjudication must create family support
groups, provide resources to support families
during out-of-home placements, or support
the family through the period of
post-placement reentry.
new text end
new text begin
(t) Local Community Innovation Grants
new text end
new text begin
$55,000,000 in fiscal year 2023 is for local
community innovation grants. The base is
$30,000,000 in fiscal year 2024 and beyond.
Any unencumbered grant balances at the end
of the fiscal year do not cancel but are
available for grants in the following year.
new text end
new text begin
(u) Emergency Community Safety Grants
new text end
new text begin
$15,000,000 in fiscal year 2022 is for grants
to crime prevention programs for the purpose
of providing public safety. Any unencumbered
balance at the end of fiscal year 2023 does not
cancel but is available for the purposes of this
section until spent. This is a onetime
appropriation.
new text end
new text begin
(v) Local Co-Responder Grants
new text end
new text begin
$10,000,000 in fiscal year 2023 is for grants
to establish, maintain, or expand the use of
co-responder programs that work with law
enforcement agencies. Any unencumbered
balance at the end of the fiscal year does not
cancel but is available for the purposes of this
section until spent.
new text end
new text begin
(w) Local Community Policing Grants
new text end
new text begin
$15,000,000 in fiscal year 2023 is for local
community policing grants. The base is
$10,000,000 in each of fiscal years 2024 and
2025. The base is $0 in fiscal year 2026 and
thereafter. Any unencumbered grant balances
at the end of the fiscal year do not cancel but
are available for grants in the following year.
new text end
new text begin
(x) Local Investigation Grants
new text end
new text begin
$15,000,000 in fiscal year 2023 is for local
investigation grants. The base is $10,000,000
in each of fiscal years 2024 and 2025. The
base is $0 in fiscal year 2026 and thereafter.
Any unencumbered grant balances at the end
of the fiscal year do not cancel but are
available for grants in the following year.
new text end
new text begin Subd. 5. new text end
new text begin
State Patrol
|
new text begin
-0- new text end |
new text begin
252,000 new text end |
||||
new text begin
(a) Criminal Record Expungement
new text end
new text begin
$84,000 in fiscal year 2023 from the trunk
highway fund is for costs related to criminal
record expungement. The base is $168,000 in
fiscal year 2024 and thereafter.
new text end
new text begin
(b) Marijuana Penalties Modified
new text end
new text begin
$168,000 in fiscal year 2023 from the trunk
highway fund is for costs related to changes
in marijuana criminal penalties.
new text end
new text begin Subd. 6. new text end
new text begin
Administrative Services
|
new text begin
-0- new text end |
new text begin
16,016,000 new text end |
||||
new text begin
(a) Public Safety Officer Soft Body Armor
new text end
new text begin
$1,000,000 in fiscal year 2023 is for public
safety officer soft body armor reimbursements
under Minnesota Statutes, section 299A.381.
Of this amount, the commissioner may use up
to $60,000 to staff and administer the program.
new text end
new text begin
(b) Body Camera Grants
new text end
new text begin
$9,000,000 in fiscal year 2023 is for grants to
local law enforcement agencies for portable
recording systems. The commissioner shall
award grants to local law enforcement
agencies for the purchase and maintenance of
portable recording systems and portable
recording system data. The base is $4,500,000
in fiscal year 2024 and thereafter.
new text end
new text begin
(c) Body Camera Data Storage
new text end
new text begin
$6,016,000 in fiscal year 2023 is to develop
and administer a statewide cloud-based body
camera data storage program. Of this amount,
the commissioner may use up to $1,000,000
for staff and operating costs to administer this
program and the body camera grants program
in the preceding section. The base is
$6,036,000 in fiscal year 2024 and $6,057,000
in fiscal year 2025.
new text end
new text begin Subd. 7. new text end
new text begin
Emergency Communication Networks
|
new text begin
-0- new text end |
new text begin
1,000,000 new text end |
||||
new text begin
(a) Local Grants
new text end
new text begin
$1,000,000 in fiscal year 2023 is for grants to
local government units participating in the
statewide public safety radio communication
system established under Minnesota Statutes,
section 403.36. The grants must be used to
purchase portable radios and related equipment
that is interoperable with the Allied Radio
Matrix for Emergency Response (ARMER)
system. Each local government unit may
receive only one grant. The grant is contingent
upon a match of at least five percent from
nonstate funds. The director of the Emergency
Communication Networks division, in
consultation with the Statewide Emergency
Communications Board, must administer the
grant program. This is a onetime
appropriation.
new text end
new text begin
(b) Public Safety Telecommunicator
Certification and Training Reimbursement
Grants
new text end
new text begin
$1,450,000 in fiscal year 2023 is appropriated
from the nondedicated 911 emergency special
revenue account for administrative and
software costs and rulemaking to establish and
review 911 public safety telecommunicator
certification and continuing education
standards as described in Minnesota Statutes,
section 403.051. The base is $1,000,000 in
each of fiscal years 2024 and 2025.
new text end
Sec. 3. new text begin PEACE OFFICER STANDARDS AND
|
new text begin
$ new text end |
new text begin
165,000 new text end |
new text begin
$ new text end |
new text begin
1,550,000 new text end |
||
new text begin
(a) Database for Public Records
new text end
new text begin
$165,000 in fiscal year 2023 is for a database
for public records. This is a onetime
appropriation.
new text end
new text begin
(b) Task Force on Alternative Courses to
Peace Officer Licensure
new text end
new text begin
$50,000 in fiscal year 2023 is for a task force
on alternative courses to peace officer
licensure. This is a onetime appropriation.
new text end
new text begin
(c) Investigators
new text end
new text begin
$1,250,000 in fiscal year 2023 is to hire
investigators and additional staff to perform
compliance reviews and investigate alleged
code of conduct violations and to obtain or
improve equipment for that purpose.
new text end
new text begin
(d) Strength and Agility Testing
new text end
new text begin
$250,000 in fiscal year 2023 is to reimburse
law enforcement agencies for funding
scientifically content-validated and job-related
physical strength and agility examinations to
screen applicants as required under Minnesota
Statutes, section 626.843, subdivision 1c. The
board must establish guidelines for the
administration of reimbursement payments
under this section.
new text end
Sec. 4. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
80,000 new text end |
new text begin
$ new text end |
new text begin
518,000 new text end |
||
new text begin
(a) Record Management System and
Background Checks
new text end
new text begin
$80,000 in fiscal year 2022 and $18,000 in
fiscal year 2023 are to purchase and implement
a record management system.
new text end
new text begin
(b) Investigations and Field Audits
new text end
new text begin
$430,000 is for additional staffing to conduct
investigations and field audits.
new text end
new text begin
(c) Review Training Curriculum
new text end
new text begin
$70,000 in fiscal year 2023 is for an annual
review of training curriculum.
new text end
Sec. 5. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
29,110,000 new text end |
new text begin Subd. 2. new text end
new text begin
Incarceration and
|
new text begin
-0- new text end |
new text begin
5,140,000 new text end |
new text begin
(a) Base Adjustment
new text end
new text begin
The general fund base, as a result of new
appropriations and bed impact changes, shall
result in a net increase of $5,960,000 in fiscal
year 2024 and $5,950,000 in fiscal year 2025
for all provisions in this subdivision.
new text end
new text begin
(b) Body-Worn Camera Program
new text end
new text begin
$1,500,000 in fiscal year 2023 is to implement
a body-worn camera program for uniformed
correctional security personnel and
community-based supervision agents. The
base is $1,000,000 in fiscal year 2024 and
thereafter.
new text end
new text begin
(c) Family Support Unit
new text end
new text begin
$280,000 in fiscal year 2023 is to create a
family support unit that focuses on family
support and engagement for incarcerated
individuals and their families.
new text end
new text begin
(d) Higher Education
new text end
new text begin
$2,000,000 in fiscal year 2023 is to contract
with Minnesota's institutions of higher
education to provide instruction to incarcerated
individuals in state correctional facilities and
to support partnerships with public and private
employers, trades programs, and community
colleges in providing employment
opportunities for individuals after their term
of incarceration. Funding must be used for
contracts with institutions of higher education
and other training providers, and associated
reentry and operational support services
provided by the agency. The base is
$3,500,000 in fiscal year 2024 and thereafter.
new text end
new text begin
(e) Family Communication and Support
Services
new text end
new text begin
$1,500,000 in fiscal year 2023 is to provide
communications and related supportive
services for incarcerated individuals to connect
with family members and other approved
support persons or service providers through
video visits and phone calls during an
individual's incarceration.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
-0- new text end |
new text begin
12,050,000 new text end |
new text begin
(a) Grants Management System
new text end
new text begin
$450,000 in fiscal year 2023 is for a grants
management system and to increase capacity
for grants management, including compliance
and internal controls. The base is $489,000 in
fiscal year 2024 and thereafter.
new text end
new text begin
(b) Supervision Services
new text end
new text begin
$10,450,000 in fiscal year 2023 is for services
provided by the Department of Corrections
Field Services, County Probation Officers,
and Community Corrections Act counties. The
base is $25,750,000 in fiscal year 2024 and
$38,300,000 in fiscal year 2025.
new text end
new text begin
(c) Work Release Program
new text end
new text begin
$1,000,000 in fiscal year 2023 is to expand
the use of the existing Department of
Corrections work release program to increase
the availability of educational programming
for incarcerated individuals who are eligible
and approved for work release.
new text end
new text begin
(d) Healing House
new text end
new text begin
$150,000 in fiscal year 2023 is to provide
project management services in support of the
Healing House model. The Healing House
provides support and assistance to Native
American women who have been victims of
trauma. The base is $0 in fiscal year 2026 and
thereafter.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
1,000,000 new text end |
new text begin
11,920,000 new text end |
||||
new text begin
(a) Technology
new text end
new text begin
$1,000,000 in fiscal year 2022 and
$11,000,000 in fiscal year 2023 are to replace
or improve existing corrections data
management systems that have significant
deficiencies, create a statewide public safety
information sharing infrastructure, and
improve data collection and reportability. The
base is $17,500,000 in fiscal year 2024 and
thereafter.
new text end
new text begin
In the development, design, and
implementation of the statewide public safety
data information sharing infrastructure, the
department shall, at a minimum, consult with
county correctional supervision providers, the
judicial branch, the Minnesota Sheriffs'
Association, the Minnesota Chiefs of Police
Association, and the Bureau of Criminal
Apprehension.
new text end
new text begin
(b) Property Insurance Premiums
new text end
new text begin
$650,000 in fiscal year 2023 is to fund cost
increases for property insurance premiums at
state correctional facilities.
new text end
new text begin
(c) Project Management Office
new text end
new text begin
$230,000 in fiscal year 2023 is to expand the
Department of Corrections project
management office, including the addition of
two project manager full-time-equivalent
positions.
new text end
new text begin
(d) Indeterminate Sentence Release Board
new text end
new text begin
$40,000 in fiscal year 2023 is to fund the
establishment of an Indeterminate Sentence
Release Board (ISRB) to review eligible cases
and make release decisions for persons serving
indeterminate sentences under the authority
of the commissioner of corrections. The ISRB
must consist of five members, including four
persons appointed by the governor from two
recommendations of each of the majority and
minority leaders of the house of
representatives and the senate and the
commissioner of corrections who shall serve
as chair.
new text end
Sec. 6. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
21,000 new text end |
new text begin
$ new text end |
new text begin
12,000 new text end |
||
Sec. 7. new text begin OFFICE OF HIGHER EDUCATION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,500,000 new text end |
||
new text begin
$2,500,000 in fiscal year 2023 is to provide
reimbursement grants to postsecondary
schools certified to provide programs of
professional peace officer education for
providing in-service training programs for
peace officers on the proper use of force,
including deadly force, the duty to intercede,
and conflict de-escalation. Of this amount, up
to 2.5 percent is for administration and
monitoring of the program.
new text end
new text begin
To be eligible for reimbursement, training
offered by a postsecondary school must consist
of no less than eight hours of instruction and:
new text end
new text begin
(1) satisfy the requirements of Minnesota
Statutes, section 626.8452, and be approved
by the Peace Officer Standards and Training
Board, for use of force training;
new text end
new text begin
(2) utilize scenario-based training that
simulates real-world situations and involves
the use of real firearms that fire nonlethal
ammunition when appropriate;
new text end
new text begin
(3) include a block of instruction on the
physical and psychological effects of stress
before, during, and after a high risk or
traumatic incident and the cumulative impact
of stress on the health of officers;
new text end
new text begin
(4) include blocks of instruction on
de-escalation methods and tactics, bias
motivation, unknown risk training, defensive
tactics, and force-on-force training; and
new text end
new text begin
(5) be offered to peace officers at no charge
to the peace officer or an officer's law
enforcement agency.
new text end
new text begin
A postsecondary school that offers training
consistent with the above requirements may
apply for reimbursement for the costs of
offering the training. Reimbursement shall be
made at a rate of $450 for each officer who
participates in the training. The postsecondary
school must submit the name and peace officer
license number of the peace officer who
received the training.
new text end
new text begin
As used in this section, "law enforcement
agency" has the meaning given in Minnesota
Statutes, section 626.84, subdivision 1,
paragraph (f), and "peace officer" has the
meaning given in Minnesota Statutes, section
626.84, subdivision 1, paragraph (c).
new text end
Sec. 8. new text begin CLEMENCY REVIEW COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
705,000 new text end |
||
Sec. 9. new text begin PUBLIC DEFENSE BOARD
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
600,000 new text end |
||
new text begin
$600,000 in fiscal year 2023 is for costs
related to petitions for relief for aiding and
abetting felony murder. This is a onetime
appropriation.
new text end
Sec. 10. new text begin OFFICE OF THE ATTORNEY
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,821,000 new text end |
||
new text begin
$1,821,000 in fiscal year 2023 is for enhanced
criminal enforcement.
new text end
Sec. 11. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
117,000 new text end |
||
new text begin
$117,000 in fiscal year 2023 is for providing
meeting space and administrative assistance
for the Task Force on Collection of Charging
and Related Data. The base is $121,000 in
fiscal year 2024 and $0 for fiscal year 2025.
new text end
Sec. 12. new text begin TRANSFERS; MINNCOR.
new text end
new text begin
$7,000,000 in fiscal year 2023 is transferred from the MINNCOR fund to the general
fund.
new text end
Sec. 13. new text begin TRANSFER; OPIATE EPIDEMIC RESPONSE.
new text end
new text begin
$10,000,000 in fiscal year 2023 is transferred from the general fund to the opiate epidemic
response fund established pursuant to Minnesota Statutes, section 256.043. Grants issued
from this amount are for prevention and education as described in Minnesota Statutes,
section 256.042, subdivision 1, paragraph (a), clause (1). Grant recipients must be located
outside the seven-county metropolitan area.
new text end
Sec. 14. new text begin FUND TRANSFER; HOMETOWN HEROES ASSISTANCE PROGRAM.
new text end
new text begin
The commissioner of public safety shall transfer any amounts remaining in the
appropriation under Laws 2021, First Special Session chapter 11, article 1, section 14,
subdivision 7, paragraph (k), from the Office of Justice Programs to the state fire marshal
for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance
program under Minnesota Statutes, section 299A.477.
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
ARTICLE 2
GENERAL CRIMES AND PUBLIC SAFETY POLICY
Section 1.
Minnesota Statutes 2020, section 13.6905, is amended by adding a subdivision
to read:
new text begin Subd. 36. new text end
new text begin Direct wine shipments. new text end
new text begin
Data obtained and shared by the commissioner of
public safety relating to direct shipments of wine are governed by sections 340A.550 and
340A.555.
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. 2.
Minnesota Statutes 2020, section 13.825, subdivision 2, is amended to read:
Subd. 2.
Data classification; court-authorized disclosure.
(a) Data collected by a
portable recording system are private data on individuals or nonpublic data, subject to the
following:
(1) data that document the discharge of a firearm by a peace officer in the course of duty,
if a notice is required under section 626.553, subdivision 2, or the use of force by a peace
officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a,
are public;
(2) data are public if a subject of the data requests it be made accessible to the public,
except that, if practicable, (i) data on a subject who is not a peace officer and who does not
consent to the release must be redacted, and (ii) data on a peace officer whose identity is
protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) portable recording system data that are active criminal investigative data are governed
by section 13.82, subdivision 7, and portable recording system data that are inactive criminal
investigative data are governed by this section;
(4) portable recording system data that are public personnel data under section 13.43,
subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that
classification.
new text begin
(b) Notwithstanding section 13.82, subdivision 7, a deceased individual's next of kin,
legal representative of the next of kin, or other parent of the deceased individual's children
is entitled to view any and all recordings from a peace officer's portable recording system,
redacted no more than what is required by law, of an officer's use of deadly force no later
than five business days following an incident where deadly force used by a peace officer
results in the death of an individual, except that a chief law enforcement officer may deny
a request if the investigating agency requests and can articulate a compelling reason as to
why allowing the deceased individual's next of kin, legal representative of next of kin, or
other parent of the deceased individual's children to review the recordings would interfere
with a thorough investigation. If the chief law enforcement officer denies a request under
this paragraph, the involved officer's agency must issue a prompt, written denial and provide
notice to the deceased individual's next of kin, legal representative of the next of kin, or
other parent of the deceased individual's children that relief may be sought from the district
court.
new text end
new text begin
(c) Notwithstanding section 13.82, subdivision 7, an involved officer's agency shall
release to the public no later than 14 business days after an incident all body-worn camera
recordings of the incident where a peace officer used deadly force and an individual died,
except that a chief law enforcement officer shall not release the video if the investigating
agency asserts in writing that allowing the public to view the recordings would interfere
with the ongoing investigation.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end A law enforcement agency may redact or withhold access to portions of data that
are public under this subdivision if those portions of data are clearly offensive to common
sensibilities.
deleted text begin (c)deleted text end new text begin (e)new text end Section 13.04, subdivision 2, does not apply to collection of data classified by
this subdivision.
deleted text begin (d)deleted text end new text begin (f)new text end Any person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under paragraph (b)
to redact or withhold access to portions of data because the data are clearly offensive to
common sensibilities. The person bringing the action must give notice of the action to the
law enforcement agency and subjects of the data, if known. The law enforcement agency
must give notice to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The court may order that all or part of the data be released
to the public or to the person bringing the action. In making this determination, the court
shall consider whether the benefit to the person bringing the action or to the public outweighs
any harm to the public, to the law enforcement agency, or to a subject of the data and, if
the action is challenging a determination under paragraph (b), whether the data are clearly
offensive to common sensibilities. The data in dispute must be examined by the court in
camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
obtain access to portable recording system data under the Rules of Criminal Procedure.
Sec. 3.
Minnesota Statutes 2020, section 241.01, subdivision 3a, is amended to read:
Subd. 3a.
Commissioner, powers and duties.
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin
(j) To perform these duties with the goal of promoting public safety. Promoting public
safety includes the promotion of human rights. "Public safety" means reducing or preventing
crime while maintaining the basic rights, freedoms, and privileges that belong to every
person, including the right to dignity, fairness, equality, respect, and freedom from
discrimination, and is achieved by diverting people away from the criminal justice system
whenever possible, imposing sanctions that are the least restrictive necessary to achieve
accountability for the offense, preferring the use of community services to imprisonment
or other confinement unless confinement is necessary to protect the public, and promoting
the rehabilitation of those convicted through the provision of evidence-based programming
and services.
new text end
Sec. 4.
Minnesota Statutes 2020, section 244.09, subdivision 5, is amended to read:
Subd. 5.
Promulgation of Sentencing Guidelines.
The commission shall promulgate
Sentencing Guidelines for the district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines promulgated by the commission shall
be advisory to the district court and shall establish:
(1) the circumstances under which imprisonment of an offender is proper; and
(2) a presumptive, fixed sentence for offenders for whom imprisonment is proper, based
on each appropriate combination of reasonable offense and offender characteristics. The
guidelines shall provide for an increase of 20 percent and a decrease of 15 percent in the
presumptive, fixed sentence.
The Sentencing Guidelines promulgated by the commission may also establish appropriate
sanctions for offenders for whom imprisonment is not proper. Any guidelines promulgated
by the commission establishing sanctions for offenders for whom imprisonment is not proper
shall make specific reference to noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community work orders, work release
programs in local facilities, community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation and the conditions thereof.
Although the Sentencing Guidelines are advisory to the district court, the court shall
follow the procedures of the guidelines when it pronounces sentence in a proceeding to
which the guidelines apply by operation of statute. Sentencing pursuant to the Sentencing
Guidelines is not a right that accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity, proportionality, rationality, and
predictability in sentencing.
In establishing and modifying the Sentencing Guidelines, the primary consideration of
the commission shall be public safety. new text begin "Public safety" means reducing or preventing crime
while maintaining the basic rights, freedoms, and privileges that belong to every person,
including the right to dignity, fairness, equality, respect, and freedom from discrimination,
and is achieved by diverting people away from the criminal justice system whenever possible,
imposing sanctions that are the least restrictive necessary to achieve accountability for the
offense, preferring the use of community services to imprisonment or other confinement
unless confinement is necessary to protect the public, and promoting the rehabilitation of
those convicted through the provision of evidence-based programming and services.
Promoting public safety includes the promotion of human rights. new text end The commission shall also
consider current sentencing and release practices; correctional resources, including but not
limited to the capacities of local and state correctional facilities; and the long-term negative
impact of the crime on the community.
The provisions of sections 14.001 to 14.69 do not apply to the promulgation of the
Sentencing Guidelines, and the Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative commission to review
administrative rules. However, the commission shall adopt rules pursuant to sections 14.001
to 14.69 which establish procedures for the promulgation of the Sentencing Guidelines,
including procedures for the promulgation of severity levels and criminal history scores,
and these rules shall be subject to review by the Legislative Coordinating Commission.
Sec. 5.
Minnesota Statutes 2021 Supplement, section 253B.18, subdivision 5a, is amended
to read:
Subd. 5a.
Victim notification of petition and release; right to submit statement.
(a)
As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred or were part of their course of harmful sexual conduct.
(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition and
the process for requesting notification of an individual's change in status as provided in
paragraph (c).new text begin A notice shall only be provided to a victim who has submitted a written
request for notification to the prosecutor.
new text end
(c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.
(d) Before provisionally discharging, discharging, granting pass-eligible status, approving
a pass plan, or otherwise permanently or temporarily releasing a person committed under
this section from a state-operated treatment program or treatment facility, the head of the
state-operated treatment program or head of the treatment facility shall make a reasonable
effort to notify any victim of a crime for which the person was convicted that the person
may be discharged or released and that the victim has a right to submit a written statement
regarding decisions of the medical director, special review board, or commissioner with
respect to the person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4. These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).
(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.
Sec. 6.
Minnesota Statutes 2021 Supplement, section 253D.14, subdivision 2, is amended
to read:
Subd. 2.
Notice of filing petition.
A county attorney who files a petition to commit a
person under this chapter shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted or was listed as a
victim in the petition of commitment. In addition, the county attorney shall make a reasonable
and good faith effort to promptly notify the victim of the resolution of the process for
requesting the notification of an individual's change in status as provided in section 253D.14,
subdivision 3.new text begin A notice shall only be provided to a victim who has submitted a written
request for notification to the prosecutor.
new text end
Sec. 7.
Minnesota Statutes 2020, section 256I.04, subdivision 2g, is amended to read:
Subd. 2g.
deleted text begin Crisis sheltersdeleted text end new text begin Domestic abuse programsnew text end .
deleted text begin Secure crisis shelters for battered
women and their children designated by the Minnesota Department of Correctionsdeleted text end new text begin Programs
that provide services to victims of domestic abuse designated by the Office of Justice
Programs in the Department of Public Safetynew text end are not eligible for housing support under this
chapter.
Sec. 8.
Minnesota Statutes 2020, section 299A.01, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Mandated reports; annual audit. new text end
new text begin
(a) Beginning February 15, 2023, and each
year thereafter, the commissioner, as part of the department's mission and within the
department's resources, shall report to the chairs and ranking minority members of the
legislative committees having jurisdiction over public safety policy and finance a list of
reports that the commissioner is obligated to submit to the legislature. For each reporting
requirement listed, the commissioner must include a description of the applicable program,
information required to be included in the report, the frequency that the report must be
completed, and the statutory authority for the report.
new text end
new text begin
(b) If the legislature does not repeal or otherwise modify by law a reporting requirement,
the commissioner must continue to provide each mandated report as required by law.
new text end
Sec. 9.
Minnesota Statutes 2020, section 299A.01, subdivision 2, is amended to read:
Subd. 2.
Duties of commissioner.
new text begin (a) new text end The duties of the commissioner shall include the
following:
(1) the coordination, development and maintenance of services contracts with existing
state departments and agencies assuring the efficient and economic use of advanced business
machinery including computers;
(2) the execution of contracts and agreements with existing state departments for the
maintenance and servicing of vehicles and communications equipment, and the use of related
buildings and grounds;
(3) the development of integrated fiscal services for all divisions, and the preparation
of an integrated budget for the department;
(4) the publication and award of grant contracts with state agencies, local units of
government, and other entities for programs that will benefit the safety of the public; and
(5) the establishment of a planning bureau within the department.
new text begin
(b) The commissioner shall exercise the duties under paragraph (a) with the goal of
promoting public safety. Promoting public safety includes the promotion of human rights.
"Public safety" means reducing or preventing crime by diverting people away from the
criminal justice system whenever possible, effecting arrest or detention practices that are
the least restrictive necessary to protect the public, and promoting the rehabilitation of those
who engage in criminal activity by providing evidence-based programming and services,
while still maintaining the basic rights, freedoms, and privileges that belong to every person,
including the right to dignity, fairness, equality, respect, and freedom from discrimination.
new text end
Sec. 10.
new text begin
[299A.381] PUBLIC SAFETY OFFICER SOFT BODY ARMOR
REIMBURSEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "commissioner" means the commissioner of public safety;
new text end
new text begin
(2) "firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state;
new text end
new text begin
(3) "public safety officer" means a firefighter or qualified emergency medical service
provider;
new text end
new text begin
(4) "qualified emergency medical service provider" means a person certified under
section 144E.101 who is actively employed by a Minnesota licensed ambulance service;
and
new text end
new text begin
(5) "vest" has the meaning given in section 299A.38, subdivision 1, paragraph (c).
new text end
new text begin Subd. 2. new text end
new text begin State and local reimbursement. new text end
new text begin
Public safety officers and heads of agencies
and entities that buy vests for the use of public safety officer employees may apply to the
commissioner for reimbursement of funds spent to buy vests. On approving an application
for reimbursement, the commissioner shall pay the applicant an amount equal to the lesser
of one-half of the vest's purchase price or the reimbursement amount set by the commissioner
in section 299A.38, subdivision 2a. The political subdivision or entity that employs a public
safety officer shall pay at least the lesser of one-half of the vest's purchase price or the
reimbursement amount set by the commissioner in section 299A.38, subdivision 2a. The
employer may not deduct or pay its share of the vest's cost from any clothing, maintenance,
or similar allowance otherwise provided to the public safety officer by the employer.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility requirements. new text end
new text begin
The eligibility requirements in section 299A.38,
subdivision 3, apply to applications for reimbursement under this section.
new text end
new text begin Subd. 4. new text end
new text begin Rules. new text end
new text begin
The commissioner shall amend the rules adopted pursuant to section
299A.38, subdivision 4, to administer this section, as needed.
new text end
new text begin Subd. 5. new text end
new text begin Limitation of liability. new text end
new text begin
A state agency, political subdivision of the state, state
or local government employee, or other entity that provides reimbursement for purchase of
a vest under this section is not liable to a public safety officer or the public safety officer's
heirs for negligence in the death of or injury to the public safety officer because the vest
was defective or deficient.
new text end
new text begin Subd. 6. new text end
new text begin Right to benefits unaffected. new text end
new text begin
A public safety officer who is reimbursed for
the purchase of a vest under this section and who suffers injury or death because the officer
failed to wear the vest, or because the officer wore a vest that was defective or deficient,
may not lose or be denied a benefit or right, including a benefit under section 299A.44, to
which the officer, or the officer's heirs, is otherwise entitled.
new text end
Sec. 11.
Minnesota Statutes 2020, section 299A.49, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Chemical assessmentdeleted text end new text begin Hazardous materials responsenew text end team.
"deleted text begin Chemical
assessmentdeleted text end new text begin Hazardous materials responsenew text end team" means a team (1) trained, equipped, and
authorized to evaluate and, when deleted text begin possibledeleted text end new text begin feasiblenew text end , provide deleted text begin simpledeleted text end mitigation to a hazardous
materials incident new text begin or release new text end and (2) required to recommend to the local incident manager
the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous material, availability
of resources, or other relevant factors.
Sec. 12.
Minnesota Statutes 2020, section 299A.50, subdivision 1, is amended to read:
Subdivision 1.
Elements of plan; rules.
After consultation with the commissioners of
natural resources, agriculture, transportation, and the Pollution Control Agency, the deleted text begin state
fire marshaldeleted text end new text begin Department of Public Safetynew text end , the Emergency Response Commission, appropriate
technical emergency response representatives, and representatives of affected parties, the
commissioner shall adopt rules to implement a statewide hazardous materials incident
response plan. The plan must include:
(1) the locations of deleted text begin up to five regionaldeleted text end hazardous materials response teams, based on the
location of hazardous materials, response time, proximity to large population centers, and
other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of deleted text begin regionaldeleted text end hazardous materials response teams;
(4) equipment needed for deleted text begin regionaldeleted text end hazardous materials response teams;
(5) procedures for selecting and contracting with local governments or nonpublic persons
to establish deleted text begin regionaldeleted text end hazardous materials response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding
to an incident; and
(8) coordination with other state departments and agencies, local units of government,
other states, Indian tribes, the federal government, and other nonpublic persons.
Sec. 13.
Minnesota Statutes 2020, section 299A.51, is amended to read:
299A.51 LIABILITY AND WORKERS' COMPENSATION.
Subdivision 1.
Liability.
During operations authorized under section 299A.50, members
of a deleted text begin regionaldeleted text end hazardous materials team operating outside their geographic jurisdiction are
"employees of the state" as defined in section 3.736.
Subd. 2.
Workers' compensation.
During operations authorized under section 299A.50,
members of a deleted text begin regionaldeleted text end hazardous materials team operating outside their geographic
jurisdiction are considered employees of the Department of Public Safety for purposes of
chapter 176.
Subd. 3.
Limitation.
A person who provides personnel and equipment to assist at the
scene of a hazardous materials response incident outside the person's geographic jurisdiction
or property, at the request of the state or a local unit of government, is not liable for any
civil damages resulting from acts or omissions in providing the assistance, unless the person
acts in a willful and wanton or reckless manner in providing the assistance.
Sec. 14.
new text begin
[299A.625] PUBLIC SAFETY INNOVATION BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Public Safety Innovation Board is established in the
Office of Justice Programs within the Department of Public Safety. The board has the powers
and duties described in this section.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The Public Safety Innovation Board is composed of the
following members:
new text end
new text begin
(1) three individuals with experience conducting research in the areas of crime, policing,
or sociology while employed by an academic or nonprofit entity, appointed by the governor;
new text end
new text begin
(2) five individuals appointed by the governor of whom:
new text end
new text begin
(i) one shall be a victim of a crime or an advocate for victims of crime;
new text end
new text begin
(ii) one shall be a person impacted by the criminal justice system or an advocate for
defendants in criminal cases; and
new text end
new text begin
(iii) one shall have a background in social work;
new text end
new text begin
(3) four members representing the community-specific boards established under sections
3.922 and 15.0145, with one appointment made by each board; and
new text end
new text begin
(4) three members representing law enforcement, with one appointment by the Minnesota
Sheriffs' Association, one by the Minnesota Chiefs of Police Association, and one by the
Minnesota Police and Peace Officers Association.
new text end
new text begin
(b) The members of the board shall elect one member to serve as chair.
new text end
new text begin Subd. 3. new text end
new text begin Terms; removal; vacancy. new text end
new text begin
(a) Members are appointed to serve three-year
terms following the initial staggered-term lot determination and may be reappointed.
new text end
new text begin
(b) Initial appointment of members must take place by August 1, 2022. The initial term
of members appointed under paragraph (a) shall be determined by lot by the secretary of
state and shall be as follows:
new text end
new text begin
(1) five members shall serve one-year terms;
new text end
new text begin
(2) five members shall serve two-year terms; and
new text end
new text begin
(3) five members shall serve three-year terms.
new text end
new text begin
(c) A member may be removed by the appointing authority at any time for cause, after
notice and hearing.
new text end
new text begin
(d) If a vacancy occurs, the appointing authority shall appoint a new qualifying member
within 90 days.
new text end
new text begin
(e) Compensation of board members is governed by section 15.0575.
new text end
new text begin Subd. 4. new text end
new text begin Powers and duties. new text end
new text begin
The board shall improve public safety by increasing the
efficiency, effectiveness, and capacity of public safety providers and has the following
powers and duties:
new text end
new text begin
(1) monitoring trends in crime within Minnesota;
new text end
new text begin
(2) reviewing research on criminal justice and public safety issues;
new text end
new text begin
(3) providing information on criminal trends and research to the commissioner,
municipalities, and the legislature;
new text end
new text begin
(4) communicating with recipients of grant funds to learn from successful and innovative
programs, develop procedures to simplify application and reporting requirements, and
identify gaps in programs or services that could be filled to improve public safety;
new text end
new text begin
(5) working with the commissioner to modify requests for proposals to better meet the
needs of applicants and the community;
new text end
new text begin
(6) working with the commissioner, community review panels, the final review panel,
and Office of Justice Programs staff to establish policies, procedures, and priorities to best
address public safety and community needs;
new text end
new text begin
(7) working with grant recipients, applicants whose proposals were not approved, and
individuals or entities interested in applying for grants to increase the understanding of the
grant process and help improve applications that are submitted;
new text end
new text begin
(8) analyzing the pool of applicants and public application materials to identify:
new text end
new text begin
(i) barriers to successful applications;
new text end
new text begin
(ii) eligible geographic, ethnic, or other communities that do not apply for grants;
new text end
new text begin
(iii) the demographics of populations served by grant applicants, including identification
of populations that are not receiving services and any disparities in services provided; and
new text end
new text begin
(iv) the types of programs that receive awards;
new text end
new text begin
(9) developing policies and procedures to support communities that are underserved by
grant recipients, address imbalances in the pool of grant applicants or recipients, and expand
the types of services provided by grant recipients to include effective programs that are
underutilized;
new text end
new text begin
(10) working with the Minnesota Statistical Analysis Center to identify appropriate
outcomes to track on an annual basis for both programs receiving grants and local
communities for the purpose of monitoring trends in public safety and the impact of specific
programmatic models; and
new text end
new text begin
(11) making recommendations to the legislature for changes in policy and funding to
address existing and emerging needs related to public safety.
new text end
new text begin Subd. 5. new text end
new text begin Meetings. new text end
new text begin
The board shall meet quarterly or at the call of the chair. At least
two meetings in each fiscal year must take place outside of the metropolitan area as defined
in section 473.121, subdivision 2. Meetings of the board are subject to chapter 13D.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
By January 15 each year, the board shall report to the legislative
committees and divisions with jurisdiction over public safety on the work of the board; the
use and impact of grant programs to address public safety, including emergency community
safety grants and local co-responder grants; grants issued by the Department of Public Safety
to local law enforcement agencies for portable recording systems; the outcomes tracked on
an annual basis by the Minnesota Statistical Analysis Center; and recommendations for
changes in policy and funding to improve public safety.
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. 15.
Minnesota Statutes 2020, section 299A.706, is amended to read:
299A.706 ALCOHOL ENFORCEMENT ACCOUNT; APPROPRIATION.
An alcohol enforcement account is created in the special revenue fund, consisting of
money credited to the account by law. Money in the account may be appropriated by law
fornew text begin :new text end (1) costs of the Alcohol and Gambling Division related to administration and enforcement
of sections 340A.403, subdivision 4; 340A.414, subdivision 1a; deleted text begin anddeleted text end 340A.504, subdivision
7; new text begin and 340A.550, subdivisions 2, 4, 5, and 6; new text end and (2) costs of the State Patrol.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 16.
Minnesota Statutes 2020, section 299A.78, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to 299A.795, the following
definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
that provide legal, social, or other community services.
deleted text begin
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end "Debt bondage" has the meaning given in section 609.281, subdivision 3.
deleted text begin (e)deleted text end new text begin (d)new text end "Forced labor or services" has the meaning given in section 609.281, subdivision
4.
deleted text begin (f)deleted text end new text begin (e)new text end "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
deleted text begin (g)deleted text end new text begin (f)new text end "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
deleted text begin (h)deleted text end new text begin (g)new text end "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
deleted text begin (i)deleted text end new text begin (h)new text end "Sex trafficking victim" has the meaning given in section 609.321, subdivision
7b.
deleted text begin (j)deleted text end new text begin (i)new text end "Trafficking" includes "labor trafficking" and "sex trafficking."
deleted text begin (k)deleted text end new text begin (j)new text end "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 17.
Minnesota Statutes 2020, section 299A.79, subdivision 3, is amended to read:
Subd. 3.
Public awareness initiative.
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, deleted text begin blackmail,deleted text end forced labor and
services, prostitution, and other coercive tactics; and risks of assault, criminal sexual conduct,
exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 18.
new text begin
[299A.86] REWARD FUND FOR INFORMATION ON MISSING AND
MURDERED INDIGENOUS RELATIVES.
new text end
new text begin Subdivision 1. new text end
new text begin Fund created. new text end
new text begin
A reward fund for information on missing and murdered
Indigenous relatives is created as an account in the state treasury. Money appropriated or
otherwise deposited into the account is available to pay rewards and for other purposes as
authorized under this section.
new text end
new text begin Subd. 2. new text end
new text begin Reward. new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the reward advisory group, is authorized to pay a reward to
any person who provides relevant information relating to a missing and murdered Indigenous
relative investigation.
new text end
new text begin Subd. 3. new text end
new text begin Reward advisory group. new text end
new text begin
(a) The director of the Office for Missing and
Murdered Indigenous Relatives, in consultation with the stakeholder groups described in
section 299A.85, subdivision 5, shall appoint an advisory group to make recommendations
on paying rewards under this section. The advisory group shall consist of the following
individuals:
new text end
new text begin
(1) a representative from the Office for Missing and Murdered Indigenous Relatives;
new text end
new text begin
(2) a representative from a Tribal, statewide, or local organization that provides legal
services to Indigenous women and girls;
new text end
new text begin
(3) a representative from a Tribal, statewide, or local organization that provides advocacy
or counseling for Indigenous women and girls who have been victims of violence;
new text end
new text begin
(4) a representative from a Tribal, statewide, or local organization that provides services
to Indigenous women and girls;
new text end
new text begin
(5) a Tribal peace officer who works for or resides on a federally recognized American
Indian reservation in Minnesota; and
new text end
new text begin
(6) a representative from the Minnesota Human Trafficking Task Force.
new text end
new text begin
(b) The advisory group shall meet as necessary but at a minimum twice per year to carry
out its duties and shall elect a chair from among its members at its first meeting. The director
shall convene the group's first meeting. The director shall provide necessary office space
and administrative support to the group. Members of the group serve without compensation
but shall receive expense reimbursement as provided in section 15.059.
new text end
new text begin
(c) The representative from the Office for Missing and Murdered Indigenous Relatives
may fully participate in the advisory group's activities but may not vote on issues before
the group.
new text end
new text begin Subd. 4. new text end
new text begin Advertising. new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the reward advisory group, may spend up to four percent of
available funds on an advertising or public relations campaign to increase public awareness
on the availability of rewards under this section.
new text end
new text begin Subd. 5. new text end
new text begin Grants; donations. new text end
new text begin
The director of the Office for Missing and Murdered
Indigenous Relatives, in consultation with the reward advisory group, may apply for and
accept grants and donations from the public and from public and private entities to implement
this section.
new text end
new text begin Subd. 6. new text end
new text begin Reward cap. new text end
new text begin
A reward paid under this section may not exceed $1,000,000.
new text end
new text begin Subd. 7. new text end
new text begin Reward procedures and criteria. new text end
new text begin
The director of the Office for Missing and
Murdered Indigenous Relatives, in consultation with the reward advisory group, shall
determine the eligibility criteria and procedures for granting rewards under this section.
new text end
new text begin Subd. 8. new text end
new text begin Definition. new text end
new text begin
As used in this section, "missing and murdered Indigenous relatives"
means missing and murdered Indigenous people from or descended from one of the United
States' federally recognized American Indian Tribes.
new text end
Sec. 19.
new text begin
[299A.90] OFFICE FOR MISSING AND MURDERED BLACK WOMEN
AND GIRLS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Black women and girls within the
Minnesota Office of Justice Programs.
new text end
new text begin Subd. 2. new text end
new text begin Director; staff. new text end
new text begin
(a) The commissioner must appoint a director who is a person
closely connected to the Black community and who is highly knowledgeable about criminal
investigations. The commissioner is encouraged to consider candidates for appointment
who are recommended by members of the Black community.
new text end
new text begin
(b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end
new text begin
(c) The director and full-time staff shall be members of the Minnesota State Retirement
System.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The office has the following duties:
new text end
new text begin
(1) advocate in the legislature for legislation that will facilitate the accomplishment of
mandates identified in the report of the Task Force on Missing and Murdered African
American Women;
new text end
new text begin
(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African American
Women;
new text end
new text begin
(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to cases of missing and murdered Black women and
girls;
new text end
new text begin
(4) facilitate research to refine the mandates in the report of the Task Force on Missing
and Murdered African American Women and to assess the potential efficacy, feasibility,
and impact of the recommendations;
new text end
new text begin
(5) facilitate research and collect data on missing person and homicide cases involving
Black women and girls, including the total number of cases, the rate at which the cases are
solved, the length of time the cases remain open, and a comparison to similar cases involving
different demographic groups;
new text end
new text begin
(6) collect data on Amber Alerts, including the total number of Amber Alerts issued,
the total number of Amber Alerts that involve Black girls, and the outcome of cases involving
Amber Alerts disaggregated by the child's race and sex;
new text end
new text begin
(7) collect data on reports of missing Black girls, including the number classified as
voluntary runaways, and a comparison to similar cases involving different demographic
groups;
new text end
new text begin
(8) facilitate research to assess the intersection between cases involving missing and
murdered Black women and girls and labor trafficking and sex trafficking;
new text end
new text begin
(9) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving missing and murdered Black women and girls and
labor trafficking and sex trafficking;
new text end
new text begin
(10) facilitate research to assess the intersection between cases involving murdered Black
women and girls and domestic violence, including prior instances of domestic violence
within the family or relationship, whether an offender had prior convictions for domestic
assault or related offenses, and whether the offender used a firearm in the murder or any
prior instances of domestic assault;
new text end
new text begin
(11) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving murdered Black women and girls and domestic
violence;
new text end
new text begin
(12) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end
new text begin
(13) track and collect Minnesota data on missing and murdered Black women and girls,
and provide statistics upon public or legislative inquiry;
new text end
new text begin
(14) facilitate technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;
new text end
new text begin
(15) conduct case reviews and report on the results of case reviews for the following
types of cases involving missing and murdered Black women and girls: (i) cold cases for
missing Black women and girls; and (ii) death investigation review for cases of Black women
and girls ruled as suicide or overdose under suspicious circumstances;
new text end
new text begin
(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against a Black woman or girl. These case reviews
must identify those cases where the perpetrator is a repeat offender;
new text end
new text begin
(17) prepare draft legislation as necessary to allow the office access to the data necessary
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
new text end
new text begin
(18) review sentencing guidelines for crimes related to missing and murdered Black
women and girls, recommend changes if needed, and advocate for consistent implementation
of the guidelines across Minnesota courts;
new text end
new text begin
(19) develop and maintain communication with relevant divisions in the Department of
Public Safety regarding any cases involving missing and murdered Black women and girls
and on procedures for investigating cases involving missing and murdered Black women
and girls; and
new text end
new text begin
(20) coordinate, as relevant, with federal efforts, and efforts in neighboring states and
Canada.
new text end
new text begin
(b) As used in this subdivision:
new text end
new text begin
(1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and
new text end
new text begin
(2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a.
new text end
new text begin Subd. 4. new text end
new text begin Coordination with other organizations. new text end
new text begin
In fulfilling its duties, the office may
coordinate with stakeholder groups that were represented on the Task Force on Missing and
Murdered African American Women and state agencies that are responsible for the systems
that play a role in investigating, prosecuting, and adjudicating cases involving violence
committed against Black women and girls; those who have a role in supporting or advocating
for missing or murdered Black women and girls and the people who seek justice for them;
and those who represent the interests of Black people. This includes the following entities:
Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau of Criminal
Apprehension; Minnesota Police and Peace Officers Association; Tribal law enforcement;
Minnesota County Attorneys Association; United States Attorney's Office; juvenile courts;
Minnesota Coroners' and Medical Examiners' Association; United States Coast Guard; state
agencies, including the Departments of Health, Human Services, Education, Corrections,
and Public Safety; service providers who offer legal services, advocacy, and other services
to Black women and girls; Black women and girls who are survivors; and organizations
and leadership from urban and statewide Black communities.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered Black
women and girls in Minnesota, including names, dates of disappearance, and dates of death,
to the extent the data is publicly available. The office must submit the report by January 15
each year to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over public safety.
new text end
new text begin Subd. 6. new text end
new text begin Grants. new text end
new text begin
The office may apply for and receive grants from public and private
entities for the purposes of carrying out the office's duties under this section.
new text end
new text begin Subd. 7. new text end
new text begin Access to data. new text end
new text begin
Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end
Sec. 20.
new text begin
[299C.092] QUESTIONED IDENTITY PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given.
new text end
new text begin
(b) "Questioned identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in interactions with
law enforcement or that the offender has the same name. Questioned identity can lead to
difficulties differentiating the individual from the offender.
new text end
new text begin
(c) "Bureau" means the Bureau of Criminal Apprehension.
new text end
new text begin Subd. 2. new text end
new text begin Process. new text end
new text begin
(a) When an individual is the subject of questioned identity, the
individual may request a review by the bureau through its questioned identity process.
Individuals must contact the bureau and provide the following:
new text end
new text begin
(1) documentation of the individual's identity through government-issued photo
identification;
new text end
new text begin
(2) documents or information that lead the individual to believe that the individual is
the subject of questioned identity; and
new text end
new text begin
(3) fingerprints for identification verification purposes.
new text end
new text begin
(b) If the bureau is able to confirm that the individual is the subject of questioned identity,
the bureau shall provide documentation to the individual indicating that the individual has
been through the bureau's questioned identity process.
new text end
new text begin
(c) The bureau shall denote any aliases determined to be questioned identities in the
Criminal History System under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
new text end
new text begin
(d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's
warrant file if a photo is available.
new text end
new text begin
(e) The bureau, in consultation with reporting criminal justice agencies, may remove an
alias from a criminal history record when it determines doing so will not negatively impact
a criminal justice agency's ability to identify the offender in the future. Some considerations
in making the determination include but are not limited to time elapsed since the alias name
was last used, frequency with which the alias was used, current incarceration status of the
offender, whether it is or was the offender's name, and whether the offender is living or
deceased.
new text end
new text begin
(f) Law enforcement must take into account the presence of documentation from the
bureau or another law enforcement agency confirming a questioned identity when considering
whether an individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation provided
by an individual.
new text end
Sec. 21.
Minnesota Statutes 2020, section 299C.46, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The commissioner of public safety shall establish a
criminal justice data communications network that will provide secure access to systems
and services available from or through the Bureau of Criminal Apprehension. new text begin The Bureau
of Criminal Apprehension may approve additional criminal justice uses by authorized
agencies to access necessary systems or services not from or through the bureau. new text end The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.
Sec. 22.
Minnesota Statutes 2020, section 299C.65, subdivision 1a, is amended to read:
Subd. 1a.
Membership; duties.
(a) The Criminal and Juvenile Justice Information new text begin and
Bureau of Criminal Apprehension new text end Advisory Group consists of the following members:
(1) the commissioner of corrections or designee;
(2) the commissioner of public safety or designee;
(3) the state chief information officer or designee;
(4) three members of the judicial branch appointed by the chief justice of the supreme
court;
(5) the commissioner of administration or designee;
(6) the state court administrator or designee;
(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom
must be a sheriff;
(8) two members appointed by the Minnesota Chiefs of Police Association, at least one
of whom must be a chief of police;
(9) two members appointed by the Minnesota County Attorneys Association, at least
one of whom must be a county attorney;
(10) two members appointed by the League of Minnesota Cities representing the interests
of city attorneys, at least one of whom must be a city attorney;
(11) two members appointed by the Board of Public Defense, at least one of whom must
be a public defender;
(12) two corrections administrators appointed by the Association of Minnesota Counties
representing the interests of local corrections, at least one of whom represents a Community
Corrections Act county;
(13) two probation officers appointed by the commissioner of corrections in consultation
with the president of the Minnesota Association of Community Corrections Act Counties
and the president of the Minnesota Association of County Probation Officers;
(14) four public members appointed by the governor representing both metropolitan and
greater Minnesota for a term of four years using the process described in section 15.059,
one of whom represents the interests of victims, and one of whom represents the private
business community who has expertise in integrated information systems and who, for the
purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;
(15) two members appointed by the Minnesota Association for Court Management, at
least one of whom must be a court administrator;
(16) one member of the house of representatives appointed by the speaker of the house,
or an alternate who is also a member of the house of representatives, appointed by the
speaker of the house;
(17) one member of the senate appointed by the majority leader, or an alternate who is
also a member of the senate, appointed by the majority leader of the senate;
(18) one member appointed by the attorney general;
(19) two members appointed by the League of Minnesota Cities, one of whom works
or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official;
(20) two members appointed by the Association of Minnesota Counties, one of whom
works or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official; and
(21) the director of the Sentencing Guidelines Commission or a designee.
(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory
group.
(c) The advisory group shall serve as the state advisory group on statewide criminal
justice information policy and funding issues. The advisory group shall study and make
recommendations to the governor, the supreme court, and the legislature on criminal justice
information funding and policy issues such as related data practices, individual privacy
rights, and data on race and ethnicity; information-sharing at the local, state, and federal
levels; technology education and innovation; the impact of proposed legislation on the
criminal justice system related to information systems and business processes; and data and
identification standards.
new text begin
(d) The advisory group shall have the additional duties of reviewing and advising the
bureau superintendent on:
new text end
new text begin
(1) audits, accreditation reports, and internal reviews of bureau operations;
new text end
new text begin
(2) emerging technologies in the law enforcement and forensic science fields;
new text end
new text begin
(3) policies and practices that impact individual privacy interests; and
new text end
new text begin
(4) other programmatic and operational initiatives of the bureau at the request of the
superintendent.
new text end
Sec. 23.
Minnesota Statutes 2020, section 299C.65, subdivision 3a, is amended to read:
Subd. 3a.
Report.
The advisory group shall file a biennial report with the governor,
supreme court, and chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over criminal justice funding
and policy by January 15 in each odd-numbered year. The report must provide the following:
(1) status and review of current statewide criminal justice information systems;
(2) recommendations concerning any legislative changes or appropriations that are
needed to ensure that the criminal justice information systems operate accurately and
efficiently; deleted text begin and
deleted text end
(3) new text begin a new text end summary of the activities of the advisory group, including any funding and grant
requestsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) a summary of any reviews conducted by the advisory group of bureau audits, reports,
policies, programs, and procedures and any recommendations provided to the bureau related
to the reviews.
new text end
Sec. 24.
Minnesota Statutes 2020, section 299F.362, is amended to read:
299F.362 SMOKE deleted text begin DETECTORdeleted text end new text begin ALARMnew text end ; INSTALLATION; RULES; PENALTY.
Subdivision 1.
Definitions.
For the purposes of this section, the following definitions
shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other and doing their own cooking
in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house,
lodging house, or a hotel and which contains one or two "dwelling units" which are, or are
intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for
one or more persons including permanent provisions for living, sleeping, eating, cooking,
and sanitation, or a single unit used by one or more persons for sleeping and sanitation
pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five
guest rooms which are used or are intended to be used for sleeping purposes by guests and
where rent is paid in money, goods, labor, or otherwise.
Subd. 2.
Rules, smoke deleted text begin detectordeleted text end new text begin alarmnew text end location.
The commissioner of public safety
shall promulgate rules concerning the placement of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end in dwellings,
apartment houses, hotels, and lodging houses. The rules shall take into account designs of
the guest rooms or dwelling units.
Subd. 3.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for any dwelling.
Every dwelling unit within a dwelling
must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end meeting the requirements of the State Fire
Code. The deleted text begin detectordeleted text end new text begin alarmnew text end must be mounted in accordance with the rules regarding smoke
deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin alarmnew text end
must provide an alarm in the dwelling unit.
Subd. 3a.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for new dwelling.
In construction of a new dwelling,
each smoke deleted text begin detectordeleted text end new text begin alarmnew text end must be attached to a centralized power source.
Subd. 4.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for apartment, lodging house, or hotel.
Every dwelling
unit within an apartment house and every guest room in a lodging house or hotel used for
sleeping purposes must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end conforming to the
requirements of the State Fire Code. In dwelling units, deleted text begin detectorsdeleted text end new text begin alarmsnew text end must be mounted
in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under
subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin alarmnew text end must provide an alarm in the dwelling
unit or guest room.
Subd. 5.
Maintenance responsibilities.
For all occupancies covered by this section
where the occupant is not the owner of the dwelling unit or the guest room, the owner is
responsible for maintenance of the smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end . An owner may file inspection
and maintenance reports with the local fire marshal for establishing evidence of inspection
and maintenance of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end .
Subd. 5a.
Inform owner; no added liability.
The occupant of a dwelling unit must
inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detectordeleted text end new text begin alarmnew text end within 24
hours of discovering that the smoke deleted text begin detectordeleted text end new text begin alarmnew text end in the dwelling unit is not functioning.
If the occupant fails to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
Subd. 6.
Penalties.
(a) Any person who violates any provision of this section deleted text begin shall bedeleted text end new text begin
isnew text end subject to the same penalty and the enforcement mechanism that is provided for violation
of the State Fire Code, as specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a smoke deleted text begin detectordeleted text end new text begin alarmnew text end or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty of a
misdemeanor.
Subd. 7.
Local government preempted.
This section prohibits a local unit of government
from adopting standards different from those provided in this section.
Subd. 9.
Local government ordinance; installation in single-family
residence.
Notwithstanding subdivision 7, or other law, a local governing body may adopt,
by ordinance, rules for the installation of a smoke deleted text begin detectordeleted text end new text begin alarmnew text end in single-family homes in
the city that are more restrictive than the standards provided by this section. Rules adopted
pursuant to this subdivision may be enforced through a truth-in-housing inspection.
Subd. 10.
Public fire safety educator.
The position of Minnesota public fire safety
educator is established in the Department of Public Safety.
Subd. 11.
Insurance claim.
No insurer shall deny a claim for loss or damage by fire for
failure of a person to comply with this section.
Sec. 25.
Minnesota Statutes 2020, section 326.3361, subdivision 2, is amended to read:
Subd. 2.
Required contents.
The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment, or evidence that the employee has successfully completed equivalent training
before the start of employmentnew text begin . Notwithstanding any statute or rule to the contrary, this
clause is satisfied if the employee provides a prospective employer with a certificate or a
copy of a certificate demonstrating that the employee successfully completed this training
prior to employment with a different Minnesota licensee and completed this training within
three previous calendar years, or successfully completed this training with a Minnesota
licensee while previously employed with a Minnesota licensee. The certificate or a copy of
the certificate is the property of the employee who completed the training, regardless of
who paid for the training or how training was provided. A current or former licensed
employer must provide a copy of a certificate demonstrating the employee's successful
completion of training to a current or former employee upon the current or former employee's
request. For purposes of sections 181.960 to 181.966, the person who completed the training
is entitled to access a copy of the certificate and a current or former employer is obligated
to comply with the provisions thereundernew text end ;
(2) certification by the board of completion of certified training for a license holder,
qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,
a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours
a year for individuals who are armed with firearms or armed with weapons, which must
include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under
this subdivision.
Sec. 26.
Minnesota Statutes 2020, section 340A.304, is amended to read:
340A.304 LICENSE SUSPENSION AND REVOCATION.
The commissioner shall revoke, or suspend for up to 60 days, a license issued under
section 340A.301 deleted text begin ordeleted text end new text begin ,new text end 340A.302,new text begin or 340A.550,new text end or impose a fine of up to $2,000 for each
violation, on a finding that the licensee has violated a state law or rule of the commissioner
relating to the possession, sale, transportation, or importation of alcoholic beverages. A
license revocation or suspension under this section is a contested case under sections 14.57
to 14.69 of the Administrative Procedure Act.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 27.
Minnesota Statutes 2020, section 340A.417, is amended to read:
340A.417 new text begin WINE new text end SHIPMENTS deleted text begin INTO MINNESOTAdeleted text end .
(a) Notwithstanding section 297G.07, subdivision 2, or any provision of this chapternew text begin
except for section 340A.550new text end , a winery licensed in a state other than Minnesota, or a winery
located in Minnesota, may ship, for personal use and not for resale, not more than deleted text begin twodeleted text end new text begin 12new text end
cases of wine, containing a maximum of nine liters per case, in any calendar year to any
resident of Minnesota age 21 or over. deleted text begin Delivery of a shipment under this section may not be
deemed a sale in this state.
deleted text end
(b) The shipping container of any wine sent under this section must be clearly marked
"Alcoholic Beverages: adult signature (over 21 years of age) required."
(c) It is not the intent of this section to impair the distribution of wine through distributors
or importing distributors, but only to permit shipments of wine for personal use.
(d) new text begin Except for a violation of section 295.75 or chapters 297A and 297G, new text end no criminal
penalty may be imposed on a person for a violation of this sectionnew text begin or section 340A.550new text end
other than a violation described in paragraph (e) or (f). Whenever it appears to the
commissioner that any person has engaged in any act or practice constituting a violation of
this sectiondeleted text begin ,deleted text end new text begin or section 340A.550new text end and the violation is not within two years of any previous
violation of this section, the commissioner shall issue and cause to be served upon the person
an order requiring the person to cease and desist from violating this section. The order must
give reasonable notice of the rights of the person to request a hearing and must state the
reason for the entry of the order. Unless otherwise agreed between the parties, a hearing
shall be held not later than deleted text begin sevendeleted text end new text begin 20new text end days after the request for the hearing is received by the
commissioner after which and within 20 days after the receipt of the administrative law
judge's report and subsequent exceptions and argument, the commissioner shall issue an
order vacating the cease and desist order, modifying it, or making it permanent as the facts
require. If no hearing is requested within 30 days of the service of the order, the order
becomes final and remains in effect until modified or vacated by the commissioner. All
hearings shall be conducted in accordance with the provisions of chapter 14. If the person
to whom a cease and desist order is issued fails to appear at the hearing after being duly
notified, the person shall be deemed in default, and the proceeding may be determined
against the person upon consideration of the cease and desist order, the allegations of which
may be deemed to be true.
(e) Any person who violates this sectionnew text begin or section 340A.550new text end within two years of a
violation for which a cease and desist order was issued under paragraph (d), is guilty of a
misdemeanor.
(f) Any person who commits a third or subsequent violation of this sectionnew text begin or section
340A.550new text end within any subsequent two-year period is guilty of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 28.
new text begin
[340A.550] DIRECT SHIPMENTS OF WINE; LICENSING, TAXATION,
AND RESTRICTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Direct ship purchaser" means a person who purchases
wine for personal use and not for resale from a winery located in a state other than Minnesota
for delivery to a Minnesota address.
new text end
new text begin
(b) "Direct ship winery" means a winery licensed in a state other than Minnesota that
manufactures and makes a retail sale of wine and ships the wine to a direct ship purchaser
as authorized under section 340A.417.
new text end
new text begin Subd. 2. new text end
new text begin License requirements. new text end
new text begin
(a) A direct ship winery must apply to the commissioner
for a direct ship license. The commissioner must not issue a license under this section unless
the applicant:
new text end
new text begin
(1) is a licensed winery in a state other than Minnesota and provides a copy of its current
license in any state in which it is licensed to manufacture wine;
new text end
new text begin
(2) provides a shipping address list, including all addresses from which it intends to ship
wine;
new text end
new text begin
(3) agrees to comply with the requirements of subdivision 4; and
new text end
new text begin
(4) consents to the jurisdiction of the Departments of Public Safety and Revenue, the
courts of this state, and any statute, law, or rule in this state related to the administration or
enforcement of this section, including any provision authorizing the commissioners of public
safety and revenue to audit a direct ship winery for compliance with this and any related
section.
new text end
new text begin
(b) A direct ship winery obtaining a license under this section must annually renew its
license by January 1 of each year and must inform the commissioner at the time of renewal
of any changes to the information previously provided in paragraph (a).
new text end
new text begin
(c) The application fee for a license is $50. The fee for a license renewal is $50. The
commissioner must deposit all fees received under this subdivision in the alcohol enforcement
account in the special revenue fund established under section 299A.706.
new text end
new text begin Subd. 3. new text end
new text begin Direct ship wineries; restrictions. new text end
new text begin
(a) A direct ship winery may only ship
wine from an address provided to the commissioner as required in subdivision 2, paragraph
(a), clause (2), or through a third-party provider whose name and address the licensee
provided to the commissioner in the licensee's application for a license.
new text end
new text begin
(b) A direct ship winery or its third-party provider may only ship wine from the direct
ship winery's own production.
new text end
new text begin Subd. 4. new text end
new text begin Taxation. new text end
new text begin
A direct ship winery must:
new text end
new text begin
(1) collect and remit the liquor gross receipts tax as required in section 295.75;
new text end
new text begin
(2) apply for a permit as required in section 297A.83 and collect and remit the sales and
use tax imposed as required in chapter 297A;
new text end
new text begin
(3) remit the tax as required in chapter 297G; and
new text end
new text begin
(4) provide a statement to the commissioner, on a form prescribed by the commissioner,
detailing each shipment of wine made to a resident of this state and any other information
required by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Private or nonpublic data; classification and sharing. new text end
new text begin
(a) Data collected,
created, or maintained by the commissioner as required under this section are classified as
private data on individuals or nonpublic data, as defined in section 13.02, subdivisions 9
and 12.
new text end
new text begin
(b) The commissioner must share data classified as private or nonpublic under this
section with the commissioner of revenue for purposes of administering section 295.75 and
chapters 289A, 297A, and 297G.
new text end
new text begin Subd. 6. new text end
new text begin Enforcement; penalties. new text end
new text begin
Section 340A.417, paragraphs (d) to (f), apply to this
section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 29.
new text begin
[340A.555] COMMON CARRIER REGULATIONS FOR DIRECT
SHIPMENTS OF WINE.
new text end
new text begin Subdivision 1. new text end
new text begin Monthly report required. new text end
new text begin
Each common carrier that contracts with a
winery under section 340A.417 for delivery of wine into this state must file with the
commissioner a monthly report of known wine shipments made by the carrier. The report
must be made in a form and manner as prescribed by the commissioner and must contain:
new text end
new text begin
(1) the name of the common carrier making the report;
new text end
new text begin
(2) the period of time covered by the report;
new text end
new text begin
(3) the name and business address of the consignor;
new text end
new text begin
(4) the name and address of the consignee;
new text end
new text begin
(5) the weight of the package delivered to the consignee;
new text end
new text begin
(6) a unique tracking number; and
new text end
new text begin
(7) the date of delivery.
new text end
new text begin Subd. 2. new text end
new text begin Record availability and retention. new text end
new text begin
Upon written request by the commissioner,
any records supporting the report in subdivision 1 must be made available to the
commissioner within 30 days of the request. Any records containing information relating
to a required report must be retained and preserved for a period of two years, unless
destruction of the records prior to the end of the two-year period is authorized in writing
by the commissioner. All retained records must be open and available for inspection by the
commissioner upon written request. The commissioner must make the required reports
available to any law enforcement agency or regulatory body of any local government in the
state in which the common carrier making the report resides or does business.
new text end
new text begin Subd. 3. new text end
new text begin Penalty. new text end
new text begin
If a common carrier willfully violates the requirement to report a
delivery under this section or violates any rule related to the administration and enforcement
of this section, the commissioner must notify the common carrier in writing of the violation.
The commissioner may impose a fine in an amount not to exceed $500 for each subsequent
violation.
new text end
new text begin Subd. 4. new text end
new text begin Exemptions. new text end
new text begin
This section does not apply to common carriers regulated as
provided by United States Code, title 49, section 10101, et. seq.; or to rail
trailer-on-flatcar/container-on-flatcar (TOFC/COFC) service, as provided by Code of Federal
Regulations, title 49, section 1090.1; or highway TOFC/COFC service provided by a rail
carrier, either itself or jointly with a motor carrier, as part of continuous intermodal freight
transportation, including but not limited to any other TOFC/COFC transportation as defined
under federal law.
new text end
new text begin Subd. 5. new text end
new text begin Private or nonpublic data; classification and sharing. new text end
new text begin
(a) Data collected,
created, or maintained by the commissioner as required under subdivision 1, clauses (4) to
(6), are classified as private data on individuals or nonpublic data, as defined in section
13.02, subdivisions 9 and 12.
new text end
new text begin
(b) The commissioner must share data classified as private or nonpublic under this
section with the commissioner of revenue for purposes of administering section 295.75 and
chapters 289A, 297A, and 297G.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 30.
Minnesota Statutes 2020, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 17d. new text end
new text begin Public safety telecommunicator. new text end
new text begin
"Public safety telecommunicator" means
a person who is employed by a primary, secondary, or Tribal public safety answering point,
an emergency medical dispatch service provider, or both, and serves as an initial first
responder to answer incoming emergency telephone calls or provide for the appropriate
emergency response either directly or through communication with the appropriate public
safety answering point. Public safety telecommunicator includes persons who supervise
public safety telecommunicators. Pursuant to section 403.051, after August 1, 2024, public
safety telecommunicators and those who directly manage or supervise public safety
telecommunicators must be certified by the commissioner.
new text end
Sec. 31.
new text begin
[403.051] PUBLIC SAFETY TELECOMMUNICATORS; CERTIFICATION;
TRAINING; CONTINUING EDUCATION.
new text end
new text begin Subdivision 1. new text end
new text begin Certification required. new text end
new text begin
After August 1, 2024, a public safety
telecommunicator must be certified by the commissioner to serve in that role.
new text end
new text begin Subd. 2. new text end
new text begin Certification requirements; rulemaking. new text end
new text begin
(a) The commissioner of public
safety, in coordination with the Statewide Emergency Communications Board, must adopt
rules for certification requirements for public safety telecommunicators and establish in
rule criteria for training, certification, and continuing education that incorporate the
requirements set forth in paragraph (b).
new text end
new text begin
(b) The commissioner must require that candidates for public safety telecommunicator
certification and recertification demonstrate, at a minimum, proficiency in the following
areas:
new text end
new text begin
(1) public safety telecommunicator roles and responsibilities;
new text end
new text begin
(2) applicable legal concepts;
new text end
new text begin
(3) interpersonal skills;
new text end
new text begin
(4) emergency communications technology and information systems;
new text end
new text begin
(5) 911 call processing;
new text end
new text begin
(6) emergency management;
new text end
new text begin
(7) radio communications for the public safety telecommunicator;
new text end
new text begin
(8) stress management; and
new text end
new text begin
(9) quality performance standards management.
new text end
new text begin Subd. 3. new text end
new text begin Continuing education. new text end
new text begin
To maintain certification under this section, a public
safety telecommunicator must complete 48 hours of approved continuing education
coursework every two years.
new text end
Sec. 32.
Minnesota Statutes 2021 Supplement, section 403.11, subdivision 1, is amended
to read:
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and deleted text begin maydeleted text end new text begin mustnew text end be appropriated deleted text begin from time to timedeleted text end to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications servicesnew text begin ,
including public safety telecommunicator training, certification, and continuing educationnew text end .
(c) The fee may not be more than 95 cents a month on or after July 1, 2010, for each
customer access line or other basic access service, including trunk equivalents as designated
by the Public Utilities Commission for access charge purposes and including wireless
telecommunications services. With the approval of the commissioner of management and
budget, the commissioner of public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the amount to be collected. When
the revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
no longer needed. The commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same for all customers, except that
the fee imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Sec. 33.
Minnesota Statutes 2021 Supplement, section 609.02, subdivision 16, is amended
to read:
Subd. 16.
Qualified domestic violence-related offense.
"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder);new text begin 609.195 (third-degree murder); 609.20 (first-degree
manslaughter); 609.205 (second-degree manslaughter);new text end 609.221 (first-degree assault);
609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree
assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female
genital mutilation); 609.2247 (domestic assault by strangulation);new text begin 609.25 (kidnapping);
609.255 (false imprisonment);new text end 609.342 (first-degree criminal sexual conduct); 609.343
(second-degree criminal sexual conduct); 609.344 (third-degree criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377
(malicious punishment of a child); 609.713 (terroristic threats); 609.748, subdivision 6
(violation of harassment restraining order); 609.749 (harassment or stalking); 609.78,
subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination
of private sexual images); and 629.75 (violation of domestic abuse no contact order); and
similar laws of other states, the United States, the District of Columbia, Tribal lands, and
United States territories.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 34.
Minnesota Statutes 2020, section 609.281, subdivision 3, is amended to read:
Subd. 3.
Debt bondage.
"Debt bondage" deleted text begin means the status or condition of a debtor arising
from a pledge by the debtor of the debtor's personaldeleted text end new text begin occurs when a person provides labor
ornew text end services deleted text begin or thosedeleted text end new text begin of any kind to pay a real or alleged debtnew text end of deleted text begin adeleted text end new text begin thenew text end person deleted text begin under the debtor's
control as a security for debtdeleted text end new text begin or anothernew text end , if the value of deleted text begin thosedeleted text end new text begin the labor ornew text end services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature
of deleted text begin thosedeleted text end new text begin the labor ornew text end services are not respectively limited and defined.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 35.
Minnesota Statutes 2020, section 609.281, subdivision 4, is amended to read:
Subd. 4.
Forced new text begin or coerced new text end labor or services.
"Forced new text begin or coerced new text end labor or services"
means labor or services new text begin of any kind new text end that are performed or provided by another person and
are obtained or maintained through an actor's:
(1) threat, either implicit or explicit, scheme, plan, deleted text begin ordeleted text end pattern, or other action new text begin or statement
new text end intended to cause a person to believe that, if the person did not perform or provide the labor
or services, that person or another deleted text begin persondeleted text end would suffer deleted text begin bodily harm ordeleted text end physical restraint;new text begin
sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,
psychological, economic, or reputational harm;
new text end
(2) deleted text begin physically restraining or threatening to physically restraindeleted text end new text begin sexual contact, as defined
in section 609.341, subdivision 11, paragraph (b), withnew text end a person;
new text begin
(3) physical restraint of a person;
new text end
new text begin
(4) infliction of bodily, psychological, economic, or reputational harm;
new text end
deleted text begin (3)deleted text end new text begin (5)new text end abuse or threatened abuse of the legal processnew text begin , including the use or threatened
use of a law or legal process, whether administrative, civil, or criminalnew text end ;new text begin or
new text end
deleted text begin (4) knowingly destroying, concealing, removing, confiscating, or possessingdeleted text end new text begin (6)
destruction, concealment, removal, confiscation, withholding, or possession ofnew text end any actual
or purported passport or other immigration document, or any other actual or purported
government identification document, of another persondeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) use of blackmail.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 36.
Minnesota Statutes 2020, section 609.281, subdivision 5, is amended to read:
Subd. 5.
Labor trafficking.
"Labor trafficking" means:
(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,
or receipt of a person by any means, deleted text begin for the purposedeleted text end new text begin in furtherancenew text end of:
(i) debt bondage deleted text begin ordeleted text end new text begin ;
new text end
new text begin (ii)new text end forced labor or services;
deleted text begin (ii)deleted text end new text begin (iii)new text end slavery or practices similar to slavery; or
deleted text begin (iii)deleted text end new text begin (iv)new text end the removal of organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know it is derived
from an act described in clause (1).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 37.
Minnesota Statutes 2020, section 609.282, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Individuals under age 18deleted text end new text begin Labor trafficking resulting in deathnew text end .
Whoever
knowingly engages in the labor trafficking of an individual deleted text begin who is under the age of 18deleted text end is
guilty of a crime and may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years or
to payment of a fine of not more than $40,000, or bothnew text begin if the labor trafficking victim dies
and the death arose out of and in the course of the labor trafficking or the labor and services
related to the labor traffickingnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 38.
Minnesota Statutes 2020, section 609.282, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin
Individuals under age 18; extended period of time; great bodily
harm.
new text end
new text begin
Whoever knowingly engages in the labor trafficking of an individual is guilty of a
crime and may be sentenced to imprisonment for not more than 20 years or to a payment
of a fine of not more than $40,000, or both if any of the following circumstances exist:
new text end
new text begin
(1) the labor trafficking victim is under the age of 18;
new text end
new text begin
(2) the labor trafficking occurs over an extended period of time; or
new text end
new text begin
(3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose
out of and in the course of the labor trafficking or the labor and services related to the labor
trafficking.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 39.
Minnesota Statutes 2020, section 609.87, is amended by adding a subdivision to
read:
new text begin Subd. 17. new text end
new text begin Data. new text end
new text begin
"Data" means records or information in digital form on a computer or
in software that can be stored, transmitted, or processed.
new text end
Sec. 40.
Minnesota Statutes 2020, section 609.89, subdivision 1, is amended to read:
Subdivision 1.
Acts.
Whoever does any of the following is guilty of computer theft and
may be sentenced as provided in subdivision 2:
(a) intentionally and without authorization or claim of right accesses or causes to be
accessed any computer, computer system, computer network or any part thereof for the
purpose of obtaining services or property; deleted text begin or
deleted text end
(b) intentionally and without claim of right, and with intent to deprive the owner of use
or possession, takes, transfers, conceals or retains possession of any computer, computer
system, or any computer software or data contained in a computer, computer system, or
computer networkdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(c) intentionally and without authorization or claim of right accesses or copies any
computer software or data and uses, alters, transfers, retains, or publishes the software or
data; or
new text end
new text begin
(d) intentionally retains copies of any computer software or data beyond the individual's
authority.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 41.
Minnesota Statutes 2020, section 626.843, subdivision 1, is amended to read:
Subdivision 1.
Rules required.
new text begin (a) new text end The board shall adopt rules with respect to:
(1) the certification of postsecondary schools to provide programs of professional peace
officer education;
(2) minimum courses of study and equipment and facilities to be required at each certified
school within the state;
(3) minimum qualifications for coordinators and instructors at certified schools offering
a program of professional peace officer education located within this state;
(4) minimum standards of physical, mental, and educational fitness which shall govern
the admission to professional peace officer education programs and the licensing of peace
officers within the state, by any state, county, municipality, or joint or contractual
combination thereof, including members of the Minnesota State Patrol;
(5) board-approved continuing education courses that ensure professional competence
of peace officers and part-time peace officers;
(6) minimum standards of conduct which would affect the individual's performance of
duties as a peace officer. These standards shall be established and published. The board
shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;
(7) a set of educational learning objectives that must be met within a certified school's
professional peace officer education program. These learning objectives must concentrate
on the knowledge, skills, and abilities deemed essential for a peace officer. Education in
these learning objectives shall be deemed satisfactory for the completion of the minimum
basic training requirement;
(8) the establishment and use by any political subdivision or state law enforcement
agency that employs persons licensed by the board of procedures for investigation and
resolution of allegations of misconduct by persons licensed by the board. The procedures
shall be in writing and shall be established on or before October 1, 1984;
(9) the issues that must be considered by each political subdivision and state law
enforcement agency that employs persons licensed by the board in establishing procedures
under section 626.5532 to govern the conduct of peace officers who are in pursuit of a
vehicle being operated in violation of section 609.487, and requirements for the training of
peace officers in conducting pursuits. The adoption of specific procedures and requirements
is within the authority of the political subdivision or agency;
(10) supervision of part-time peace officers and requirements for documentation of hours
worked by a part-time peace officer who is on active duty. These rules shall be adopted by
December 31, 1993;
(11) citizenship requirements for peace officers and part-time peace officers;
(12) driver's license requirements for peace officers and part-time peace officers; and
(13) such other matters as may be necessary consistent with sections 626.84 to 626.863.
Rules promulgated by the attorney general with respect to these matters may be continued
in force by resolution of the board if the board finds the rules to be consistent with sections
626.84 to 626.863.
new text begin
(b) In adopting and enforcing the rules described under paragraph (a), the board shall
prioritize the goal of promoting public safety. Promoting public safety includes the promotion
of human rights. "Public safety" means reducing or preventing crime by diverting people
away from the criminal justice system whenever possible, effecting arrest or detention
practices that are the least restrictive necessary to protect the public, and promoting the
rehabilitation of those who engage in criminal activity through the provision of
evidence-based programming and services, while still maintaining the basic rights, freedoms,
and privileges that belong to every person, including the right to dignity, fairness, equality,
respect, and freedom from discrimination.
new text end
Sec. 42.
Minnesota Statutes 2020, section 626A.35, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Exception; stolen motor vehicles. new text end
new text begin
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
new text end
new text begin
(1) the consent of the owner of the vehicle has been obtained; or
new text end
new text begin
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen.
new text end
new text begin
(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
new text end
new text begin
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
new text end
Sec. 43.
Minnesota Statutes 2021 Supplement, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563deleted text begin ,deleted text end shall be found
or made and filed in the proper court within five years after the commission of the offense.
new text begin
(j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (k)deleted text end new text begin (l)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (l)deleted text end new text begin (m)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (m)deleted text end new text begin (n)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 44.
Minnesota Statutes 2020, section 629.341, subdivision 3, is amended to read:
Subd. 3.
Notice of rights.
The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of the
legal rights and remedies available. The notice must include furnishing the victim a copy
of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
The notice must include the resource listing, including telephone number, for the area
battered women's shelter, to be designated by the new text begin Office of Justice Programs in the
new text end Department of deleted text begin Correctionsdeleted text end new text begin Public Safetynew text end .
Sec. 45.
Minnesota Statutes 2020, section 629.341, subdivision 4, is amended to read:
Subd. 4.
Report required.
Whenever a peace officer investigates an allegation that an
incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer
shall make a written police report of the alleged incident. The report must contain at least
the following information: the name, address and telephone number of the victim, if provided
by the victim, a statement as to whether an arrest occurred, the name of the arrested person,
and a brief summary of the incident. Data that identify a victim who has made a request
under section 13.82, subdivision 17, paragraph (d), and that are private data under that
subdivision, shall be private in the report required by this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney,
or organizations designated by the Office of Justice Programs in the Department of Public
Safety deleted text begin or the commissioner of correctionsdeleted text end that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom
the employer's rules or policies require reports of similar allegations of criminal activity to
be made.
Sec. 46.
Minnesota Statutes 2020, section 629.72, subdivision 6, is amended to read:
Subd. 6.
Notice; release of arrested person.
(a) Immediately after issuance of a citation
in lieu of continued detention under subdivision 1, or the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone
number of deleted text begin the area battered women's shelter asdeleted text end new text begin programs that provide services to victims
of domestic abuse new text end designated by the Office of Justice Programs in the Department of Public
Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.
Sec. 47.
Laws 2021, First Special Session chapter 11, article 2, section 12, is amended to
read:
Sec. 12.
299A.477 HOMETOWN HEROES ASSISTANCE PROGRAM.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
new text begin
(b) "Critical illness" means cardiac disease and cancer as well as other illnesses covered
by a policy of insurance issued by an insurer in compliance with chapter 60A.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end "Firefighter" means a volunteer, paid on-call, part-time, or career firefighter
serving a general population within the boundaries of the state.
deleted text begin (c)deleted text end new text begin (d)new text end "Minnesota Firefighter Initiative" means a collaborative that is established by
major fire service organizations in Minnesota, is a nonprofit organization, and is tax exempt
under section 501(c)(3) of the Internal Revenue Code.
Subd. 2.
Program established.
The commissioner of public safety shall award a grant
to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program
for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
(1) to deleted text begin provide a onetimedeleted text end new text begin establish and fundnew text end critical illness new text begin coverage that provides new text end monetary
support deleted text begin paymentdeleted text end new text begin paymentsnew text end to each firefighter who is diagnosed with deleted text begin cancer or heart diseasedeleted text end new text begin
a critical illness on or after August 1, 2021,new text end and who applies for the payment. Monetary
support shall be provided according to the requirements in subdivision 3;
(2) to develop a psychotherapy program customized to address emotional trauma
experienced by firefighters and to offer all firefighters in the state up to five psychotherapy
sessions per year under the customized program, provided by mental health professionals;
(3) to deleted text begin offerdeleted text end new text begin coordinatenew text end additional psychotherapy sessions to firefighters who need them;
(4) to develop, annually update, and annually provide to all firefighters in the state at
least two hours of training on new text begin critical illnesses, such as new text end cancerdeleted text begin ,deleted text end new text begin andnew text end heart disease, and
emotional trauma as causes of illness and death for firefighters; steps and best practices for
firefighters to limit the occupational risks of cancer, heart disease, and emotional trauma;
provide evidence-based suicide prevention strategies; and ways for firefighters to address
occupation-related emotional trauma and promote emotional wellness. The training shall
be presented by firefighters who attend an additional course to prepare them to serve as
trainers; and
(5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated
with conducting the activities in clauses (1) to (4).
Subd. 3.
Critical illness monetary support program.
(a) The Minnesota Firefighter
Initiative shall establish and administer a critical illness monetary support program which
shall provide deleted text begin a onetimedeleted text end support deleted text begin paymentdeleted text end new text begin paymentsnew text end of up to $20,000 to each new text begin eligible
new text end firefighter deleted text begin diagnosed with cancer or heart disease. A firefighter may apply for monetary
support from the program, in a form specified by the Minnesota Firefighter Initiative, if the
firefighter has a current diagnosis of cancer or heart disease or was diagnosed with cancer
or heart disease in the year preceding the firefighter's applicationdeleted text end .new text begin A firefighter who is
diagnosed with a critical illness on or after August 1, 2021, is eligible to apply for benefits
under the monetary support program and has 12 months from the diagnosis to submit an
application.new text end A firefighter's application for monetary support must include a certification
from the firefighter's health care provider of the firefighter's diagnosis deleted text begin with cancer or heart
diseasedeleted text end new text begin of an eligible critical illnessnew text end . The Minnesota Firefighter Initiative shall establish
criteria to guide disbursement of monetary support payments under this program, and shall
scale the amount of monetary support provided to each firefighter according to the severity
of the firefighter's diagnosis.
(b) The commissioner of public safety may access the accounts of the critical illness
monetary support program deleted text begin and maydeleted text end new text begin tonew text end conduct periodic audits of the program to ensure that
payments are being made in compliance with this section and disbursement criteria
established by the Minnesota Firefighter Initiative.
Subd. 4.
Money from nonstate sources.
The commissioner may accept contributions
from nonstate sources to supplement state appropriations for the hometown heroes assistance
program. Contributions received under this subdivision are appropriated to the commissioner
for the grant to the Minnesota Firefighter Initiative for purposes of this section.
Sec. 48. new text begin TASK FORCE ON A COORDINATED APPROACH TO JUVENILE
WELLNESS AND JUSTICE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Task Force on a Coordinated Approach to Juvenile
Wellness and Justice is established to review the juvenile justice system in Minnesota,
examine approaches taken in other jurisdictions, and make policy and funding
recommendations to the legislature.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) a district court judge serving as the presiding judge in a district juvenile court
appointed by the governor;
new text end
new text begin
(2) the state public defender or a designee;
new text end
new text begin
(3) a county attorney appointed by the Minnesota County Attorneys Association;
new text end
new text begin
(4) the warden of the Minnesota correctional facility for juveniles in Red Wing or a
designee;
new text end
new text begin
(5) a representative from a Tribal social services agency or a Tribal Council appointed
by the Indian Affairs Council;
new text end
new text begin
(6) a representative from an Ojibwe Indian Tribe and a representative from a Dakota
Indian Tribe appointed by the Indian Affairs Council;
new text end
new text begin
(7) a probation agent who supervises juveniles appointed by the Minnesota Association
of Community Corrections Act Counties;
new text end
new text begin
(8) a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the governor from a list of three candidates submitted jointly
by the Minnesota Chiefs of Police Association, the Minnesota Sheriffs' Association, and
the Minnesota Police and Peace Officers Association;
new text end
new text begin
(9) a high school principal appointed by the governor from a list of two candidates
submitted jointly by the commissioner of education and the executive director of Education
Minnesota;
new text end
new text begin
(10) a representative from a county social services agency that has responsibility for
public child welfare and child protection services, appointed by the governor;
new text end
new text begin
(11) an individual who was the victim of an offense committed by a juvenile, appointed
by the governor;
new text end
new text begin
(12) a representative from a community-driven nonprofit law firm that represents juveniles
in delinquency matters, appointed by the governor;
new text end
new text begin
(13) an individual who is a children's mental health professional appointed by AspireMN;
new text end
new text begin
(14) an individual who is the family member of youth impacted by the juvenile justice
system; and
new text end
new text begin
(15) ten youths under age 25 with interest or experience in the juvenile justice, juvenile
protection, and foster care systems.
new text end
new text begin
(b) To the extent possible, the demographics of the public members identified in
paragraph (a), clause (15), must be inclusive and represent the ethnic and racial diversity
of the state, including gender and sexual orientation, immigrant status, and religious and
linguistic background. At least two of those public members must be from outside the
metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2.
new text end
new text begin
(c) Appointments must be made no later than September 15, 2022.
new text end
new text begin
(d) Public members identified in paragraph (a), clause (15), are eligible for compensation
and expense reimbursement consistent with Minnesota Statutes, section 15.059, subdivision
3. All other members shall serve without compensation.
new text end
new text begin
(e) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) At its first meeting, the members of the task force shall
elect cochairs of the task force, at least one of whom must be a public member identified
in subdivision 2, paragraph (a), clause (15). The task force may elect other officers as
necessary.
new text end
new text begin
(b) The executive director of the Office of Justice Programs shall convene the first
meeting of the task force no later than October 15, 2022, and shall provide meeting space
and administrative assistance through the Office of Justice Programs as necessary for the
task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of a cochair. The task
force shall meet sufficiently enough to accomplish the tasks identified in this section.
Meetings of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) review Minnesota's juvenile justice system;
new text end
new text begin
(2) identify areas of overlap and conflict between Minnesota's juvenile justice and child
protection systems, including areas of collaboration and coordination, provision of duplicated
services, and any inconsistent expectations placed on juveniles;
new text end
new text begin
(3) review alternative approaches to juvenile justice in Minnesota counties, Tribal
communities, and other states or jurisdictions;
new text end
new text begin
(4) identify social, emotional, and developmental factors that contribute to delinquent
acts by juveniles;
new text end
new text begin
(5) identify approaches to juvenile justice that involve the affected juvenile and address
any underlying factors that contribute to delinquent acts by juveniles;
new text end
new text begin
(6) identify approaches to juvenile justice that hold juvenile offenders accountable to
victims and the community in ways that seek to strengthen the juvenile's connection to the
community; and
new text end
new text begin
(7) make recommendations for community and legislative action to address juvenile
justice in Minnesota.
new text end
new text begin
(b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
By January 15, 2024, the task force shall submit a report to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over public safety finance and policy, judiciary finance and policy, human services finance
and policy, and education finance and policy.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The task force expires the day after submitting its final report under
subdivision 5.
new text end
Sec. 49. new text begin EMERGENCY COMMUNITY SAFETY GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
"Re-entry program" means county remote monitoring, county
dosage probation programs, county probation check-in stations, and any program primarily
aimed at supporting individuals with a criminal record, including but not limited to
employment programs, housing programs, and education programs.
new text end
new text begin Subd. 2. new text end
new text begin Expedited disbursement; distribution. new text end
new text begin
(a) Application materials for grants
issued under this section must be prepared and made available to the public by July 15,
2022.
new text end
new text begin
(b) Applications must be reviewed and considered by the commissioner as they are
received, and the commissioner shall approve applications when they are determined to
meet eligibility requirements and all applicable grant standards.
new text end
new text begin
(c) Half of the total amount awarded must be provided to programs that do not involve
law enforcement agencies and are for the purposes identified in subdivision 3, paragraph
(c), clauses (1) to (8).
new text end
new text begin Subd. 3. new text end
new text begin Eligible recipients. new text end
new text begin
(a) A county; city; town; local law enforcement agency,
including a law enforcement agency of a federally recognized Tribe, as defined in United
States Code, title 25, section 450b(e); or a federally recognized Indian Tribe may apply for
emergency community safety grants to support crime prevention programs.
new text end
new text begin
(b) A county, city, town, or a federally recognized Indian Tribe may apply as part of a
multijurisdictional collaboration with other counties, cities, towns, or federally recognized
Indian Tribes.
new text end
new text begin
(c) As used in this section, "crime prevention programs" includes but is not limited to:
new text end
new text begin
(1) re-entry programs;
new text end
new text begin
(2) victim services programs;
new text end
new text begin
(3) homelessness assistance programs;
new text end
new text begin
(4) mobile crisis teams and embedded social worker programs;
new text end
new text begin
(5) restorative justice programs;
new text end
new text begin
(6) co-responder programs;
new text end
new text begin
(7) juvenile diversion programs;
new text end
new text begin
(8) community violence interruption programs;
new text end
new text begin
(9) increasing the recruitment of officers by utilizing advertisements, or bonuses or
scholarships for peace officers who remain continuously employed as peace officers for at
least 12 months and have not been subject to disciplinary action in the previous 12 months;
new text end
new text begin
(10) increasing patrols outside of squad cars, on foot or in transportation options that
provide more interaction between police and community members;
new text end
new text begin
(11) increasing, establishing, maintaining, or expanding crisis response teams in which
social workers or mental health providers are sent as first responders when calls for service
indicate that an individual is having a mental health crisis;
new text end
new text begin
(12) establishing, maintaining, or expanding co-responder teams;
new text end
new text begin
(13) purchasing equipment to perform patrols outside of squad cars on foot or in
transportation options that provide more interaction between police and community members;
new text end
new text begin
(14) hiring additional non-law-enforcement personnel to conduct functions typically
performed by law enforcement with the intent of freeing up additional law enforcement to
perform patrols or respond to service calls;
new text end
new text begin
(15) increasing recruitment of additional detectives, investigators, or other individuals
with a comparable rank or designation to investigate homicides, nonfatal shootings, or motor
vehicle theft, including hiring, on a temporary or permanent basis, retired officers utilizing
advertisements, or bonuses or scholarships for peace officers who remain continuously
employed as peace officers for at least 12 months and have not been subject to disciplinary
action in the previous 12 months;
new text end
new text begin
(16) increasing recruitment of additional peace officers to replace officers transferred
or promoted to detective, investigator, or a comparable rank and assigned to investigate
homicides, nonfatal shootings, or motor vehicle theft;
new text end
new text begin
(17) ensuring retention of peace officers identified as a detective, investigator, or a
comparable rank and assigned to investigate homicides and nonfatal shootings;
new text end
new text begin
(18) acquiring, upgrading, or replacing investigative or evidence-processing technology
or equipment;
new text end
new text begin
(19) hiring additional evidence-processing personnel;
new text end
new text begin
(20) ensuring that personnel responsible for evidence processing have sufficient resources
and training;
new text end
new text begin
(21) hiring and training personnel to analyze violent crime, specifically with regards to
the use of intelligence information of criminal networks and the potential for retaliation
among gangs or groups, and the geographic trends among homicides, nonfatal shootings,
and carjackings;
new text end
new text begin
(22) ensuring that victim services and personnel are sufficiently funded, staffed, and
trained;
new text end
new text begin
(23) ensuring that victims and family members of homicides and nonfatal shootings
have access to resources, including:
new text end
new text begin
(i) convenient mental health treatment and grief counseling;
new text end
new text begin
(ii) funeral and burial expenses;
new text end
new text begin
(iii) relocation expenses;
new text end
new text begin
(iv) emergency shelter;
new text end
new text begin
(v) emergency transportation; and
new text end
new text begin
(vi) lost wage assistance;
new text end
new text begin
(24) developing competitive and evidence-based programs to improve homicide and
nonfatal shooting clearance rates; or
new text end
new text begin
(25) developing best practices for improving access to, and acceptance of, victim services,
including those that promote medical and psychological wellness, ongoing counseling, legal
advice, and financial compensation.
new text end
new text begin Subd. 4. new text end
new text begin Application for grants. new text end
new text begin
(a) A crime prevention program may apply to the
commissioner of public safety for a grant for any of the purposes described in subdivision
3. The application must be on forms and pursuant to procedures developed by the
commissioner. The application must describe the type or types of intended emergency
assistance, estimate the amount of money required, and include any other information
deemed necessary by the commissioner.
new text end
new text begin
(b) An applicant may not spend in any fiscal year more than ten percent of the grant
awarded for administrative costs.
new text end
new text begin
(c) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin Subd. 5. new text end
new text begin Reporting by crime prevention programs required. new text end
new text begin
The recipient of a grant
under this section shall file a report with the commissioner of public safety by December
15 of each calendar year in which funds were received or used. Reports must itemize the
expenditures made, indicate the purpose of those expenditures, and describe the ultimate
disposition, if any, of each case. The report must be on forms and pursuant to procedures
developed by the commissioner.
new text end
Sec. 50. new text begin LOCAL CO-RESPONDER GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Expedited disbursement; distribution. new text end
new text begin
(a) Application materials for
grants issued under this section must be prepared and made available to the public by August
15.
new text end
new text begin
(b) The commissioner must prioritize awarding grants to applicants who are not eligible
to apply for local community innovation grants, local community policing grants, or local
investigation grants.
new text end
new text begin
(c) Half of the total amount awarded must be provided to programs that do not involve
law enforcement agencies and are for the purposes identified in subdivision 3, paragraph
(c), clauses (1) to (8).
new text end
new text begin Subd. 2. new text end
new text begin Eligible recipients. new text end
new text begin
(a) A county; city; town; local law enforcement agency,
including a law enforcement agency of a federally recognized Tribe, as defined in United
States Code, title 25, section 450b(e); or a federally recognized Indian Tribe may apply for
local co-responder grants for the purposes identified in this subdivision.
new text end
new text begin
(b) A county, city, town, or a federally recognized Indian Tribe may apply as part of a
multijurisdictional collaboration with other counties, cities, towns, or federally recognized
Indian Tribes.
new text end
new text begin
(c) Qualifying programs must partner with local law enforcement organizations and
must include:
new text end
new text begin
(1) embedded social workers;
new text end
new text begin
(2) mobile crisis teams; or
new text end
new text begin
(3) violence interrupters who work with law enforcement agencies.
new text end
new text begin Subd. 3. new text end
new text begin Application for grants. new text end
new text begin
(a) A co-responder program may apply to the
commissioner of public safety for a grant for any of the purposes described in subdivision
3. The application must be on forms and pursuant to procedures developed by the
commissioner.
new text end
new text begin
(b) An applicant may not spend in any fiscal year more than ten percent of the grant
awarded for administrative costs.
new text end
new text begin
(c) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin Subd. 4. new text end
new text begin Reporting by co-responder programs required. new text end
new text begin
The recipient of a grant
under this section shall file a report with the commissioner of public safety by December
15 of each calendar year in which funds were received or used. Reports must itemize the
expenditures made, indicate the purpose of those expenditures, and describe the ultimate
disposition, if any, of each case. The report must be on forms and pursuant to procedures
developed by the commissioner.
new text end
Sec. 51. new text begin LOCAL COMMUNITY INNOVATION GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Community violence interruption" means a program that works with other
organizations and persons in the community to develop community-based responses to
violence that use and adapt critical incident response methods, provide targeted interventions
to prevent the escalation of violence after the occurrence of serious incidents, and de-escalate
violence with the use of community-based interventions. The programs may work with
local prosecutorial offices to provide an alternative to adjudication through a restorative
justice model.
new text end
new text begin
(c) "Co-responder teams" means a partnership between a group or organization that
provides mental health or crisis-intervention services and local units of government or Tribal
governments that:
new text end
new text begin
(1) provides crisis-response teams to de-escalate volatile situations;
new text end
new text begin
(2) responds to situations involving a mental health crisis;
new text end
new text begin
(3) promotes community-based efforts designed to enhance community safety and
wellness; or
new text end
new text begin
(4) supports community-based strategies to interrupt, intervene in, or respond to violence.
new text end
new text begin
(d) "Qualified local government entity" means a city or town, or a federally recognized
Indian Tribe with a law enforcement agency that reports statistics on crime rates.
new text end
new text begin
(e) "Re-entry program" means county remote monitoring, county dosage probation
programs, county probation check-in stations, and any program primarily aimed at supporting
individuals with a criminal record, including but not limited to employment programs,
housing programs, and education programs.
new text end
new text begin
(f) "Restorative justice program" has the meaning given in Minnesota Statutes, section
611A.775, and includes Native American sentencing circles.
new text end
new text begin Subd. 2. new text end
new text begin Expedited disbursement. new text end
new text begin
(a) Application materials for grants issued under
this section must be prepared and made available to the public by September 1.
new text end
new text begin
(b) Applications must be received and reviewed, and successful applicants must be
notified of approval, within six months of an appropriation being made to fund the grants.
new text end
new text begin Subd. 3. new text end
new text begin Final review panel. new text end
new text begin
(a) The Office of Justice Programs shall establish a final
review panel of office staff to make final decisions on grants awarded under this section.
new text end
new text begin
(b) Staff serving on the final review panel must represent the office's responsibility for
community outreach, research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management. At a minimum, the final review panel shall
include:
new text end
new text begin
(1) three individuals with specialized knowledge of, or an advanced degree in,
criminology, sociology, urban studies, or social work;
new text end
new text begin
(2) an individual with professional duties that include research and analysis; and
new text end
new text begin
(3) an individual with professional duties that include grant compliance or grant
management.
new text end
new text begin
(c) If the commissioner rejects or otherwise does not follow the final review panel's
decisions or recommendations regarding awarding or not awarding a grant, the commissioner
shall notify the chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the reasons for
the commissioner's decision.
new text end
new text begin Subd. 4. new text end
new text begin Eligible applicants; identification and notice. new text end
new text begin
(a) The commissioner of public
safety shall publish the following lists by August 1 of each year to determine eligibility for
the formula grant:
new text end
new text begin
(1) the qualified local government entities with at least three recorded violent crimes in
the previous fiscal year and the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(2) the counties with the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(3) the qualified local government entities that are not included in the list generated
pursuant to clause (1) and have experienced at least three recorded violent crimes in the
previous fiscal year and the 20 fastest increases in the per capita rate of crime in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System; and
new text end
new text begin
(4) the counties that are not included in the list generated pursuant to clause (2) and have
experienced the 20 fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
new text end
new text begin
(b) A county or qualified local government entity identified in any list produced pursuant
to paragraph (a), clauses (1) to (4), may apply for a grant under this section. A listed county
or qualified local government entity that reports statistics on crime rates may apply as part
of a multijurisdictional collaboration with counties or local government entities that are not
listed provided the portion of programs or services provided through the grant funding that
are performed in the listed county or qualified local government entity is at least equal to
its proportion of the membership of the multijurisdictional collaboration.
new text end
new text begin
(c) The commissioner of public safety shall post the lists described in paragraph (a),
clauses (1) to (4), on a publicly facing website and shall work with the League of Minnesota
Cities, Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established under
Minnesota Statutes, section 3.922, to notify entities that are eligible to apply for grants under
this section.
new text end
new text begin Subd. 5. new text end
new text begin Grant distribution. new text end
new text begin
(a) Half of the total amount appropriated under this section
must be awarded to counties or qualified local government entities identified in subdivision
4, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) Half the total amount appropriated under this section must be awarded to counties
or qualified local government entities identified in subdivision 4, paragraph (a), clause (3)
or (4).
new text end
new text begin Subd. 6. new text end
new text begin Application materials. new text end
new text begin
(a) Applicants must submit an application in the form
and manner established by the commissioner of public safety.
new text end
new text begin
(b) Applicants must describe the ways in which grant funds will be used to reduce crime
in a specific subsection of the county or qualified local government entity through the
creation or expansion of programs, including but not limited to the following:
new text end
new text begin
(1) re-entry programs;
new text end
new text begin
(2) victim services programs;
new text end
new text begin
(3) homelessness assistance programs;
new text end
new text begin
(4) mobile crisis teams and embedded social worker programs;
new text end
new text begin
(5) restorative justice programs;
new text end
new text begin
(6) co-responder programs;
new text end
new text begin
(7) juvenile diversion programs;
new text end
new text begin
(8) community violence interruption programs;
new text end
new text begin
(9) blight elimination programs; or
new text end
new text begin
(10) programs that provide technical assistance to service providers who are doing work
that would promote public safety.
new text end
new text begin Subd. 7. new text end
new text begin Awards. new text end
new text begin
(a) Preference in awarding grants should be given to applicants whose
proposals are based on evidence-based practices, provide resources to geographic areas that
have been historically underinvested, and incorporate input from community stakeholders.
new text end
new text begin
(b) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin
(c) Grant funds may not be used to fund the activities of law enforcement agencies or
offset the costs of counties or qualified local government entities.
new text end
new text begin
(d) Any funds that are not encumbered or spent six years after being awarded must be
returned to the commissioner of public safety and awarded as part of a local community
innovation grant.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation. new text end
new text begin
Each grant recipient shall complete a standardized evaluation
established by the Minnesota Statistical Analysis Center every two years.
new text end
Sec. 52. new text begin LOCAL COMMUNITY POLICING GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "qualified local government entity"
means a federally recognized Indian Tribe with a law enforcement agency that reports
statistics on crime rates, or a city or town that has a local law enforcement agency.
new text end
new text begin Subd. 2. new text end
new text begin Expedited disbursement. new text end
new text begin
(a) Application materials for grants issued under
this section must be prepared and made available to the public by September 1.
new text end
new text begin
(b) Applications must be received and reviewed, and successful applicants must be
notified of approval, within six months of an appropriation being made to fund the grants.
new text end
new text begin Subd. 3. new text end
new text begin Final review panel. new text end
new text begin
(a) The Office of Justice Programs shall establish a final
review panel of office staff to make final decisions on grants awarded under this section.
new text end
new text begin
(b) Staff serving on the final review panel must represent the office's responsibility for
community outreach, research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management. At a minimum, the final review panel shall
include:
new text end
new text begin
(1) three individuals with specialized knowledge of, or an advanced degree in,
criminology, sociology, urban studies, or social work;
new text end
new text begin
(2) an individual with professional duties that include research and analysis; and
new text end
new text begin
(3) an individual with professional duties that include grant compliance or grant
management.
new text end
new text begin
(c) If the commissioner rejects or otherwise does not follow the final review panel's
decisions or recommendations regarding awarding or not awarding a grant, the commissioner
shall notify the chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the reasons for
the commissioner's decision.
new text end
new text begin Subd. 4. new text end
new text begin Eligible applicants; identification and notice. new text end
new text begin
(a) The commissioner of public
safety shall publish the following lists by August 1 of each year:
new text end
new text begin
(1) the qualified local government entities that have recorded at least three violent crimes
in the previous fiscal year and have the 20 highest per capita crime rates in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System;
new text end
new text begin
(2) the counties with the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(3) the qualified local government entities that are not included in the list generated
pursuant to clause (1), have recorded at least three violent crimes in the previous fiscal year,
and have experienced the 20 fastest increases in the per capita rate of crime in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System; and
new text end
new text begin
(4) the counties that are not included in the list generated pursuant to clause (2) and have
experienced the 20 fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
new text end
new text begin
(b) A county or qualified local government entity identified in any list produced pursuant
to paragraph (a), clauses (1) to (4), may apply for a grant under this section. A listed county
or qualified local government entity may apply as part of a multijurisdictional collaboration
with counties and local government entities that are not listed provided the portion of
programs or services provided through the grant funding that are performed in the listed
county or qualified local government entity is at least equal to its proportion of the
membership of the multijurisdictional collaboration.
new text end
new text begin
(c) The commissioner of public safety shall post the lists described in paragraph (a),
clauses (1) to (4), on a publicly facing website and shall work with the League of Minnesota
Cities, Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established under
Minnesota Statutes, section 3.922, to notify entities that are eligible to apply for grants under
this section.
new text end
new text begin Subd. 5. new text end
new text begin Grant distribution. new text end
new text begin
(a) Half of the total amount appropriated under this section
must be awarded to counties or qualified local government entities identified in subdivision
4, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) Half the total amount appropriated under this section must be awarded to counties
or qualified local government entities identified in subdivision 4, paragraph (a), clause (3)
or (4).
new text end
new text begin Subd. 6. new text end
new text begin Application materials. new text end
new text begin
(a) Applicants must submit an application in the form
and manner established by the commissioner.
new text end
new text begin
(b) Applicants must describe the ways in which grant funds will be used to reduce crime
by increasing the capacity, efficiency, and effectiveness of law enforcement community
policing efforts through approaches, including but not limited to the following:
new text end
new text begin
(1) increasing the recruitment of officers by utilizing advertisements, or bonuses or
scholarships for peace officers who remain continuously employed as a peace officer for
at least 12 months and have not been subject to disciplinary action in the previous 12 months;
new text end
new text begin
(2) increasing patrols outside of squad cars on foot or in transportation options that
provide more interaction between police and community members;
new text end
new text begin
(3) increasing, establishing, maintaining, or expanding crisis response teams in which
social workers or mental health providers are sent as first responders when calls for service
indicate that an individual is having a mental health crisis;
new text end
new text begin
(4) establishing, maintaining, or expanding co-responder teams;
new text end
new text begin
(5) purchasing equipment to perform patrols outside of squad cars on foot or in
transportation options that provide more interaction between police and community members;
or
new text end
new text begin
(6) hiring additional non-law-enforcement personnel to conduct functions typically
performed by law enforcement with the intent of freeing up additional law enforcement to
perform patrols or respond to service calls.
new text end
new text begin Subd. 7. new text end
new text begin Awards. new text end
new text begin
(a) Preference in awarding grants should be given to applicants whose
proposals:
new text end
new text begin
(1) involve community policing strategies;
new text end
new text begin
(2) include collaboration with non-law-enforcement entities such as community-based
violence prevention programs, social worker programs, or mental health specialists;
new text end
new text begin
(3) are based on academic studies or based on evidence-based policing research or
findings; or
new text end
new text begin
(4) involve increased law enforcement accountability or transparency.
new text end
new text begin
(b) Grant recipients may use funds to partner with or support other programs.
new text end
new text begin
(c) Grant funds may not be used to offset the costs of law enforcement agencies, counties,
or qualified local government entities.
new text end
new text begin
(d) Any funds that are not encumbered or spent six years after being awarded must be
returned to the commissioner of public safety and awarded as part of a local community
innovation grant.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation. new text end
new text begin
Each grant recipient shall complete a standardized evaluation
established by the Minnesota Statistical Analysis Center every two years.
new text end
Sec. 53. new text begin LOCAL INVESTIGATION GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "qualified local government entity"
means a federally recognized Indian Tribe with a law enforcement agency that reports
statistics on crime rates, or a city or town that has a local law enforcement agency.
new text end
new text begin Subd. 2. new text end
new text begin Expedited disbursement. new text end
new text begin
(a) Application materials for grants issued under
this section must be prepared and made available to the public by September 1.
new text end
new text begin
(b) Applications must be received and reviewed, and successful applicants must be
notified of approval, within six months of an appropriation being made to fund the grants.
new text end
new text begin Subd. 3. new text end
new text begin Final review panel. new text end
new text begin
(a) The Office of Justice Programs shall establish a final
review panel of office staff to make final decisions on grants awarded under this section.
new text end
new text begin
(b) Staff serving on the final review panel must represent the office's responsibility for
community outreach, research and analysis, crime victim reparations, crime victim justice,
financial compliance, or grant management. At a minimum, the final review panel shall
include:
new text end
new text begin
(1) three individuals with specialized knowledge of, or an advanced degree in,
criminology, sociology, urban studies, or social work;
new text end
new text begin
(2) an individual with professional duties that include research and analysis; and
new text end
new text begin
(3) an individual with professional duties that include grant compliance or grant
management.
new text end
new text begin
(c) If the commissioner rejects or otherwise does not follow the final review panel's
decisions or recommendations regarding awarding or not awarding a grant, the commissioner
shall notify the chair and ranking minority members of the legislative committees with
jurisdiction over public safety within three business days and must identify the reasons for
the commissioner's decision.
new text end
new text begin Subd. 4. new text end
new text begin Eligible applicants; identification and notice. new text end
new text begin
(a) The commissioner of public
safety shall publish the following lists by August 1 of each year:
new text end
new text begin
(1) the qualified local government entities that have recorded at least three violent crimes
in the previous fiscal year and have the 20 highest per capita crime rates in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System;
new text end
new text begin
(2) the counties with the 20 highest per capita crime rates in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System;
new text end
new text begin
(3) the qualified local government entities that are not included in the list generated
pursuant to clause (1), have recorded at least three violent crimes in the previous fiscal year,
and have experienced the 20 fastest increases in the per capita rate of crime in the previous
fiscal year based on the Uniform Crime Reports or National Incident Based Reporting
System; and
new text end
new text begin
(4) the counties that are not included in the list generated pursuant to clause (2) and have
experienced the 20 fastest increases in the per capita rate of crime in the previous fiscal year
based on the Uniform Crime Reports or National Incident Based Reporting System.
new text end
new text begin
(b) A county or qualified local government entity identified in any list produced pursuant
to paragraph (a), clauses (1) to (4), may apply for a grant under this section. A listed county
or qualified local government entity may apply as part of a multijurisdictional collaboration
with counties and local government entities that are not listed provided the portion of
programs or services provided through the grant funding that are performed in the listed
county or qualified local government entity is at least equal to its proportion of the
membership of the multijurisdictional collaboration.
new text end
new text begin
(c) The commissioner of public safety shall post the lists described in paragraph (a),
clauses (1) to (4), on a publicly facing website and shall work with the League of Minnesota
Cities, Association of Minnesota Counties, the three ethnic councils established under
Minnesota Statutes, section 15.0145, and the Indian Affairs Council established under
Minnesota Statutes, section 3.922, to notify entities that are eligible to apply for grants under
this section.
new text end
new text begin Subd. 5. new text end
new text begin Grant distribution. new text end
new text begin
(a) Half of the total amount appropriated under this section
must be awarded to counties or qualified local government entities identified in subdivision
4, paragraph (a), clause (1) or (2).
new text end
new text begin
(b) Half the total amount appropriated under this section must be awarded to counties
or qualified local government entities identified in subdivision 4, paragraph (a), clause (3)
or (4).
new text end
new text begin Subd. 6. new text end
new text begin Application materials. new text end
new text begin
(a) Applicants must submit an application in the form
and manner established by the commissioner of public safety.
new text end
new text begin
(b) Applicants must describe the ways in which grant funds will be used to reduce crime
by increasing the capacity, efficiency, and effectiveness of law enforcement investigations
through approaches, including but not limited to the following:
new text end
new text begin
(1) increasing recruitment of additional detectives, investigators, or other individuals
with a comparable rank or designation to investigate homicides, nonfatal shootings, or motor
vehicle theft, including hiring, on a temporary or permanent basis, retired officers by utilizing
advertisements, or bonuses or scholarships for peace officers who remain continuously
employed as a peace officer for at least 12 months and have not been subject to disciplinary
action in the previous 12 months;
new text end
new text begin
(2) increasing recruitment of additional peace officers to replace officers transferred or
promoted to detective, investigator, or a comparable rank and assigned to investigate
homicides, nonfatal shootings, or motor vehicle theft;
new text end
new text begin
(3) ensuring retention of peace officers identified as a detective, investigator, or a
comparable rank and assigned to investigate homicides and nonfatal shootings;
new text end
new text begin
(4) acquiring, upgrading, or replacing investigative or evidence-processing technology
or equipment;
new text end
new text begin
(5) hiring additional evidence-processing personnel;
new text end
new text begin
(6) ensuring that personnel responsible for evidence processing have sufficient resources
and training;
new text end
new text begin
(7) hiring and training personnel to analyze violent crime, specifically with regards to
the use of intelligence information of criminal networks and the potential for retaliation
among gangs or groups, and the geographic trends among homicides, nonfatal shootings,
and carjackings;
new text end
new text begin
(8) ensuring that victim services and personnel are sufficiently funded, staffed, and
trained;
new text end
new text begin
(9) ensuring that victims and family members of homicides and nonfatal shootings have
access to resources, including:
new text end
new text begin
(i) convenient mental health treatment and grief counseling;
new text end
new text begin
(ii) assistance for funeral and burial expenses;
new text end
new text begin
(iii) assistance for relocation expenses;
new text end
new text begin
(iv) emergency shelter;
new text end
new text begin
(v) emergency transportation; and
new text end
new text begin
(vi) lost wage assistance;
new text end
new text begin
(10) developing competitive and evidence-based programs to improve homicide and
nonfatal shooting clearance rates; or
new text end
new text begin
(11) developing best practices for improving access to, and acceptance of, victim services,
including those that promote medical and psychological wellness, ongoing counseling, legal
advice, and financial compensation.
new text end
new text begin Subd. 7. new text end
new text begin Awards. new text end
new text begin
(a) Grant recipients may use funds to partner with or support other
programs.
new text end
new text begin
(b) Grant funds may not be used to fund undercover peace officer work or offset the
costs of law enforcement agencies, counties, or qualified local government entities.
new text end
new text begin
(c) Any funds that are not encumbered or spent six years after being awarded must be
returned to the commissioner of public safety and awarded as part of a local community
innovation grant.
new text end
new text begin Subd. 8. new text end
new text begin Evaluation. new text end
new text begin
Each grant recipient shall complete a standardized evaluation
established by the Minnesota Statistical Analysis Center every two years.
new text end
Sec. 54. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 299A.49, subdivision 7; 403.02, subdivision 17c;
609.281, subdivision 2; 609.293, subdivisions 1 and 5; 609.34; and 609.36,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
ARTICLE 3
LAW ENFORCEMENT POLICY
Section 1.
Minnesota Statutes 2020, section 214.10, subdivision 10, is amended to read:
Subd. 10.
Board of Peace Officers Standards and Training; receipt of
complaint.
Notwithstanding the provisions of subdivision 1 to the contrary, when the
executive director or any member of the Board of Peace Officer Standards and Training
produces or receives a written statement or complaint that alleges a violation of a statute or
rule that the board is empowered to enforce, the executive director shall designate the
appropriate law enforcement agency to investigate the complaint and deleted text begin shalldeleted text end new text begin maynew text end order it to
conduct an inquiry into the complaint's allegations. The investigating agency must complete
the inquiry and submit a written summary of it to the executive director within 30 days of
the order for inquiry.
Sec. 2.
Minnesota Statutes 2020, section 541.073, subdivision 2, is amended to read:
Subd. 2.
Limitations period.
(a) new text begin Except as provided in paragraph (b), new text end an action for
damages based on sexual abuse: (1) must be commenced within six years of the alleged
sexual abuse in the case of alleged sexual abuse of an individual 18 years or older; (2) may
be commenced at any time in the case of alleged sexual abuse of an individual under the
age of 18, except as provided for in subdivision 4; and (3) must be commenced before the
plaintiff is 24 years of age in a claim against a natural person alleged to have sexually abused
a minor when that natural person was under 14 years of age.
new text begin
(b) An action for damages based on sexual abuse may be commenced at any time in the
case of alleged sexual abuse by a peace officer, as defined in section 626.84, subdivision
1, paragraph (c).
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The plaintiff need not establish which act in a continuous series of sexual abuse
acts by the defendant caused the injury.
deleted text begin (c)deleted text end new text begin (d)new text end This section does not affect the suspension of the statute of limitations during a
period of disability under section 541.15.
new text begin EFFECTIVE DATE. new text end
new text begin
(a) This section is effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions that were not time-barred
before the effective date.
new text end
new text begin
(b) Notwithstanding any other provision of law, in the case of alleged sexual abuse of
an individual by a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision
1, paragraph (c), if the action would otherwise be time-barred under a previous version of
Minnesota Statutes, section 541.073, or other time limit, an action for damages against a
peace officer may be commenced no later than five years following the effective date of
this section.
new text end
Sec. 3.
Minnesota Statutes 2020, section 573.02, subdivision 1, is amended to read:
Subdivision 1.
Death action.
new text begin (a) new text end When death is caused by the wrongful act or omission
of any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. new text begin An action to recover damages for a death caused by a peace officer,
as defined in section 626.84, subdivision 1, paragraph (c), must be commenced within six
years after the Bureau of Criminal Apprehension or affected agency receives notice of
declination of charges or at the completion of criminal proceedings. new text end Any other action under
this section may be commenced within three years after the date of death provided that the
action must be commenced within six years after the act or omission. The recovery in the
action is the amount the jury deems fair and just in reference to the pecuniary loss resulting
from the death, and shall be for the exclusive benefit of the surviving spouse and next of
kin, proportionate to the pecuniary loss severally suffered by the death. The court then
determines the proportionate pecuniary loss of the persons entitled to the recovery and
orders distribution accordingly. Funeral expenses and any demand for the support of the
decedent allowed by the court having jurisdiction of the action, are first deducted and paid.
Punitive damages may be awarded as provided in section 549.20.
new text begin (b) new text end If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery of damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
(a) This section is effective the day following final enactment.
Except as provided in paragraph (b), this section applies to actions that were not time-barred
before the effective date.
new text end
new text begin
(b) Notwithstanding any other provision of law, in the case of a death caused by a peace
officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), if
the action would otherwise be time-barred under a previous version of Minnesota Statutes,
section 573.02, or other time limit, an action for damages against a peace officer may be
commenced no later than five years following the effective date of this section.
new text end
Sec. 4.
Minnesota Statutes 2020, section 626.76, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Compliance review officers. new text end
new text begin
(a) Except as provided for in paragraph (c),
when a major public safety event requires a joint operation involving three or more law
enforcement agencies, including at least one state law enforcement agency, at least one
representative from each state law enforcement agency's internal affairs unit must be
temporarily reassigned as a compliance review officer. Compliance review officers assigned
to a major public safety event must be present on the scene and perform the following
functions:
new text end
new text begin
(1) inspect and inform senior officers of any policy, regulatory, or state law violations
by state law enforcement;
new text end
new text begin
(2) proactively speak with media and the public to gather information on law
enforcement's response to determine compliance with policy, regulation, and state law when
it does not obstruct police operation or place officers in jeopardy; and
new text end
new text begin
(3) note and report any policy, regulation, or state law violations by state law enforcement
to the proper authority.
new text end
new text begin
(b) A compliance review officer assigned to perform the duties under paragraph (a) shall
not participate in subsequent investigations related to that major public safety event except
for as a witness.
new text end
new text begin
(c) The requirement to have compliance review officers on scene under paragraph (a)
does not apply if the presence of compliance review officers would obstruct law enforcement
operations or place compliance review officers or peace officers in danger.
new text end
new text begin
(d) For purposes of this section, "major public safety event" means:
new text end
new text begin
(1) an event where more than 50 peace officers are needed to respond;
new text end
new text begin
(2) an event that is expected to, or has, a crowd in excess of 200 persons; or
new text end
new text begin
(3) an event that is expected to, or has, a crowd in excess of 50 persons and a local or
statewide state of emergency is declared.
new text end
Sec. 5.
Minnesota Statutes 2020, section 626.843, is amended by adding a subdivision to
read:
new text begin Subd. 1c. new text end
new text begin Physical strength and agility examinations. new text end
new text begin
(a) Beginning on December 1,
2022, physical strength and agility screening examinations required by law enforcement
agencies for applicants must be scientifically content-validated and job-related. This
requirement does not apply to tests of an applicant's cardiovascular health or general physical
fitness to serve as a peace officer.
new text end
new text begin
(b) The board must enact rules establishing standards for physical strength and agility
examinations required by law enforcement agencies that comply with the requirements set
forth in this subdivision.
new text end
Sec. 6.
Minnesota Statutes 2020, section 626.843, is amended by adding a subdivision to
read:
new text begin Subd. 1d. new text end
new text begin Rules governing certain misconduct. new text end
new text begin
No later than January 1, 2024, the
board must adopt rules under chapter 14 that permit the board to take disciplinary action
on a licensee for a violation of a standard of conduct in Minnesota Rules, chapter 6700,
whether or not criminal charges have been filed and in accordance with the evidentiary
standards and civil processes for boards under chapter 214.
new text end
Sec. 7.
Minnesota Statutes 2020, section 626.8473, subdivision 3, is amended to read:
Subd. 3.
Written policies and procedures required.
(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate new text begin and require compliance with new text end the
following:
(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable lawnew text begin . The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited, and unredacted recording
of a peace officer using deadly force must be maintained indefinitelynew text end ;
(2) new text begin mandate that a portable recording system be:
new text end
new text begin
(i) worn where it affords an unobstructed view, and above the mid-line of the waist;
new text end
new text begin
(ii) activated during all contacts with citizens in the performance of official duties other
than community engagement, to the extent practical without compromising officer safety;
and
new text end
new text begin
(iii) activated when the officer arrives on scene of an incident and remain active until
the conclusion of the officer's duties at the scene of the incident;
new text end
new text begin
(3) mandate that officers assigned a portable recording system wear and operate the
system in compliance with the agency's policy adopted under this section while performing
law enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
new text end
new text begin
(4) mandate that, notwithstanding any law to the contrary, a deceased individual's next
of kin, legal representative of the next of kin, or other parent of the deceased individual's
children be entitled to view any and all recordings from a peace officer's portable recording
system, redacted no more than what is required by law, of an officer's use of deadly force
no later than five business days following an incident where deadly force used by a peace
officer results in the death of an individual, except that a chief law enforcement officer may
deny a request if the investigating agency requests and can articulate a compelling reason
as to why allowing the deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children to review the recordings would
interfere with a thorough investigation. If the chief law enforcement officer denies a request
under this paragraph, the involved officer's agency must issue a prompt, written denial and
provide notice to the deceased individual's next of kin, legal representative of the next of
kin, or other parent of the deceased individual's children that relief may be sought from the
district court;
new text end
new text begin
(5) mandate that, notwithstanding any law to the contrary, an involved officer's agency
shall release all body-worn camera recordings of an incident where a peace officer used
deadly force and an individual dies to the public no later than 14 business days after the
incident, except that a chief law enforcement officer shall not release the video if the
investigating agency asserts in writing that allowing the public to view the recordings would
interfere with the ongoing investigation;
new text end
new text begin (6) new text end procedures for testing the portable recording system to ensure adequate functioning;
deleted text begin (3)deleted text end new text begin (7)new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;
deleted text begin (4)deleted text end new text begin (8)new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;
deleted text begin (5)deleted text end new text begin (9)new text end circumstances under which a data subject must be given notice of a recording;
deleted text begin (6)deleted text end new text begin (10)new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;
deleted text begin (7)deleted text end new text begin (11)new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and
deleted text begin (8)deleted text end new text begin (12)new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.
new text begin
(c) The board has authority to inspect state and local law enforcement agency policies
to ensure compliance with this section. The board may conduct this inspection based upon
a complaint it receives about a particular agency or through a random selection process.
The board may impose licensing sanctions and seek injunctive relief under section 214.11
for an agency's or licensee's failure to comply with this section.
new text end
Sec. 8.
Minnesota Statutes 2020, section 626.89, subdivision 17, is amended to read:
Subd. 17.
Civilian review.
new text begin
(a) As used in this subdivision, the following terms have the
meanings given:
new text end
new text begin
(1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end
new text begin
(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end
new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
otherdeleted text end oversight deleted text begin body shall not havedeleted text end new text begin council and grant the councilnew text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text begin A civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end
new text begin
(c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council may submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end
new text begin
(d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end
new text begin
(e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end
new text begin
(f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined under
section 13.43, subdivision 1, and are governed by that section.
new text end
Sec. 9.
Minnesota Statutes 2020, section 626.93, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Exception; Leech Lake Band of Ojibwe. new text end
new text begin
Notwithstanding any contrary
provision in subdivision 3 or 4, the Leech Lake Band of Ojibwe has concurrent jurisdictional
authority under this section with the local county sheriff within the geographical boundaries
of the band's reservation to enforce state criminal law if the requirements of subdivision 2
are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered
into.
new text end
Sec. 10.
Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3,
is amended to read:
Subd. 3.Peace Officer Training Assistance
|
||||||
Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund."new text begin These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8469
(training in crisis response, conflict
management, and cultural diversity) and
626.8474 (autism training).
new text end
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualificationsdeleted text begin , including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provideddeleted text end ; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.
Sec. 11. new text begin TASK FORCE ON ALTERNATIVE COURSES TO PEACE OFFICER
LICENSURE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Task Force on Alternative Courses to Peace Officer
Licensure is established to increase recruitment of new peace officers, increase the diversity
of the racial makeup and professional background of licensed peace officers, promote
education and training in community policing models, maintain the high standards of
education and training required for licensure, and make policy and funding recommendations
to the legislature.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) the chair of the Peace Officer Standards and Training Board, or a designee;
new text end
new text begin
(2) a member of the Peace Officer Standards and Training Board representing the general
public appointed by the chair of the Peace Officer Standards and Training Board;
new text end
new text begin
(3) the chief of the State Patrol, or a designee;
new text end
new text begin
(4) the superintendent of the Bureau of Criminal Apprehension, or a designee;
new text end
new text begin
(5) the attorney general, or a designee;
new text end
new text begin
(6) the president of the Minnesota Chiefs of Police Association, or a designee;
new text end
new text begin
(7) the president of the Minnesota Sheriffs' Association, or a designee;
new text end
new text begin
(8) a peace officer who is employed by a law enforcement agency of a federally
recognized Tribe, as defined in United States Code, title 25, section 450b(e), appointed by
the Indian Affairs Council;
new text end
new text begin
(9) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;
new text end
new text begin
(10) a peace officer appointed by the executive director of the Minnesota Police and
Peace Officers Association;
new text end
new text begin
(11) a member of a civilian review board appointed by the governor;
new text end
new text begin
(12) an attorney who provides legal advice to victims of police brutality or who advocates
for civil liberties appointed by the governor;
new text end
new text begin
(13) a representative from an organization that provides direct services to families or
communities impacted by police violence appointed by the governor; and
new text end
new text begin
(14) two representatives from postsecondary schools certified to provide programs of
professional peace officer education appointed by the governor.
new text end
new text begin
(b) Appointments must be made no later than August 30, 2022.
new text end
new text begin
(c) Members shall serve without compensation.
new text end
new text begin
(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair from
among its members. The task force may elect other officers as necessary.
new text end
new text begin
(b) The chair of the Peace Officer Standards and Training Board shall convene the first
meeting of the task force no later than September 15, 2022, and shall provide meeting space
and administrative assistance as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of the chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) identify barriers to recruiting peace officers;
new text end
new text begin
(2) develop strategies for recruiting new peace officers;
new text end
new text begin
(3) develop policies and procedures to increase the diversity of the racial makeup and
professional background of licensed peace officers;
new text end
new text begin
(4) identify or develop curriculum that utilizes community policing models;
new text end
new text begin
(5) provide recommendations on how to create and support an expedited pathway for
individuals to become peace officers; and
new text end
new text begin
(6) assure that any alternative courses to licensure maintain the high standards of
education and training required for licensure as a peace officer in Minnesota.
new text end
new text begin
(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
By January 15, 2024, the task force must submit a report on its findings
and recommendations to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over public safety finance and policy and the
Minnesota Sentencing Guidelines Commission.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The task force expires the day after submitting its report under
subdivision 5.
new text end
Sec. 12. new text begin TITLE.
new text end
new text begin
Sections 2 and 3 may be known as "Justin Teigen's Law."
new text end
ARTICLE 4
CONTROLLED SUBSTANCE POLICY
Section 1.
Minnesota Statutes 2020, section 152.01, subdivision 9a, is amended to read:
Subd. 9a.
Mixture.
"Mixture" means a preparation, compound, mixture, or substance
containing a controlled substance, regardless of purity except as provided in deleted text begin subdivision
16;deleted text end sections 152.021, subdivision 2, paragraph (b); 152.022, subdivision 2, paragraph (b);
and 152.023, subdivision 2, paragraph (b).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:
new text begin Subd. 9b. new text end
new text begin Marijuana flower new text end new text begin . new text end
new text begin
"Marijuana flower" means the flower, leaves, stems, seeds,
or plant form of marijuana.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 3.
Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision to
read:
new text begin Subd. 9c. new text end
new text begin Nonflower marijuana. new text end
new text begin
"Nonflower marijuana" means the resinous form of
marijuana.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 4.
Minnesota Statutes 2020, section 152.01, subdivision 12a, is amended to read:
Subd. 12a.
Park zone.
"Park zone" means an area designated as a public park by the
federal government, the state, a local unit of government, a park district board, or a park
and recreation board in a city of the first classnew text begin or a federally recognized Indian Tribenew text end . "Park
zone" includes the area within 300 feet or one city block, whichever distance is greater, of
the park boundary.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2020, section 152.01, subdivision 16, is amended to read:
Subd. 16.
Small amount.
"Small amount" as applied to marijuana meansnew text begin : (1)new text end 42.5 grams
or lessdeleted text begin . This provision shall not apply to the resinous formdeleted text end of marijuananew text begin flowers; or (2) eight
grams or less of any nonflower marijuana mixture. Nonflower marijuana mixtures weighing
eight grams or less may not be considered in determining the 42.5 gram limit in clause (1)new text end .
The weight of fluid used in a water pipe may not be considered in determining a small
amount deleted text begin except in cases where the marijuana is mixed with four or more fluid ounces of
fluiddeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2021 Supplement, section 152.01, subdivision 18, is amended
to read:
Subd. 18.
Drug paraphernalia.
(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substancesnew text begin , including but not limited
to the permitted uses of marijuana,new text end under this chapter or the Uniform Controlled Substances
Act, which are knowingly or intentionally used primarily in (1) manufacturing a controlled
substance, (2) injecting, ingesting, inhaling, or otherwise introducing into the human body
a controlled substance, deleted text begin (3) testing the strength, effectiveness, or purity of a controlled
substance,deleted text end or deleted text begin (4)deleted text end new text begin (3)new text end enhancing the effect of a controlled substance.
(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
ofdeleted text begin : (1)deleted text end hypodermic needles or syringes in accordance with section 151.40, subdivision 2deleted text begin ;
or (2) products that detect the presence of fentanyl or a fentanyl analog in a controlled
substancedeleted text end .
Sec. 7.
Minnesota Statutes 2020, section 152.021, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of a controlled substance crime in
the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text begin marijuana new text end mixturenew text begin . For other mixtures, the
weight of fluid may not be considerednew text end except in cases where the mixture contains four or
more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2020, section 152.022, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or more containing heroin;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text begin marijuana new text end mixturenew text begin . For other mixtures, the
weight of fluid may not be considerednew text end except in cases where the mixture contains four or
more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2020, section 152.023, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroin;
(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing heroin;
(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and equals
50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a new text begin marijuana new text end mixturenew text begin . For other mixtures, the
weight of fluid may not be considerednew text end except in cases where the mixture contains four or
more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2020, section 152.025, subdivision 4, is amended to read:
Subd. 4.
Penalty.
(a) A person convicted under the provisions of subdivision 2, clause
(1), who has not been previously convicted of a violation of this chapter or a similar offense
in another jurisdiction, is guilty of a gross misdemeanor if:
(1) the amount of the controlled substance possessed, other than heroinnew text begin or a small amount
of marijuananew text end , is less than 0.25 grams or one dosage unit or less if the controlled substance
was possessed in dosage units; deleted text begin or
deleted text end
(2) the controlled substance possessed is heroin and the amount possessed is less than
0.05 gramsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) the controlled substance possessed is marijuana and the amount possessed is:
new text end
new text begin
(i) more than 42.5 grams but not more than 85 grams of marijuana flowers; or
new text end
new text begin
(ii) more than eight grams but not more than 16 grams of any nonflower marijuana
mixture.
new text end
(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
unless the conduct is described in paragraph (a); or subdivision 2, clause (2), 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2020, section 152.027, subdivision 4, is amended to read:
Subd. 4.
Possession or sale of small amounts of marijuana.
deleted text begin (a)deleted text end A person who
unlawfully sells a small amount of marijuana for no remuneration, or who unlawfully
possesses a small amount of marijuana is guilty of a petty misdemeanor deleted text begin and shall be required
to participate in a drug education program unless the court enters a written finding that a
drug education program is inappropriate. The program must be approved by an area mental
health board with a curriculum approved by the state alcohol and drug abuse authoritydeleted text end .
deleted text begin
(b) A person convicted of an unlawful sale under paragraph (a) who is subsequently
convicted of an unlawful sale under paragraph (a) within two years is guilty of a misdemeanor
and shall be required to participate in a chemical dependency evaluation and treatment if
so indicated by the evaluation.
deleted text end
deleted text begin
(c) A person who is convicted of a petty misdemeanor under paragraph (a) who willfully
and intentionally fails to comply with the sentence imposed, is guilty of a misdemeanor.
Compliance with the terms of the sentence imposed before conviction under this paragraph
is an absolute defense.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to acts
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2020, section 152.0271, is amended to read:
152.0271 NOTICE OF DRUG CONVICTIONS; DRIVER'S LICENSE
REVOCATION.
When a person is convicted of violating a provision of sections 152.021 to new text begin 152.0262 or
section new text end 152.027 deleted text begin and 152.0262deleted text end , new text begin subdivision 1, 2, 3, 5, 6, or 7, new text end the sentencing court shall
determine whether the person unlawfully sold or possessed the controlled substance while
driving a motor vehicle. If so, the court shall notify the commissioner of public safety of
its determination and order the commissioner to revoke the person's driver's license for 30
days. If the person does not have a driver's license or if the person's driver's license is
suspended or revoked at the time of the conviction, the commissioner shall delay the issuance
or reinstatement of the person's driver's license for 30 days after the person applies for the
issuance or reinstatement of the license. Upon receipt of the court's order, the commissioner
is authorized to take the licensing action without a hearing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to convictions
that take place on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2020, section 152.096, subdivision 1, is amended to read:
Subdivision 1.
Prohibited acts; penalties.
Any person who conspires to commit any
new text begin felony new text end act prohibited by this chapter, except possession or distribution for no remuneration
of a small amount of marijuana as defined in section 152.01, subdivision 16, is guilty of a
felony and upon conviction may be imprisoned, fined, or both, up to the maximum amount
authorized by law for the act the person conspired to commit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2020, section 152.18, subdivision 3, is amended to read:
Subd. 3.
Expungement of certain marijuana offenses.
Any person who has been found
guilty ofnew text begin : (1)new text end a violation of section 152.09 with respect to a small amount of marijuana
which violation occurred prior to April 11, 1976, and whose conviction would have been
a petty misdemeanor under the provisions of section 152.15, subdivision 2, clause (5) in
effect on April 11, 1978, but whose conviction was for an offense more serious than a petty
misdemeanor under laws in effect prior to April 11, 1976deleted text begin ,deleted text end new text begin ; or (2) a violation of section
152.025 that occurred before August 1, 2022, where the violation would have been a petty
misdemeanor under section 152.027, subdivision 4, in effect on August 1, 2022,new text end may petition
the court in which the person was convicted to expunge from all official records, other than
the nonpublic record retained by the Department of Public Safety pursuant to section 152.15,
subdivision 2, clause (5), all recordation relating to the person's arrest, indictment or
information, trial and conviction of an offense more serious than a petty misdemeanor. The
court, upon being satisfied that a small amount was involved in the conviction, shall order
all the recordation expunged. new text begin This shall restore the person's ability to possess, receive, ship,
or transport firearms and handle firearms and ammunition. new text end No person as to whom an order
has been entered pursuant to this subdivision shall be held thereafter under any provision
of any law to be guilty of perjury or otherwise giving a false statement by reason of the
person's failure to recite or acknowledge conviction of an offense greater than a petty
misdemeanor, unless possession of marijuana is material to a proceeding.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 15.
Minnesota Statutes 2020, section 152.32, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Probation; supervised release. new text end
new text begin
(a) A court shall not prohibit a person from
participating in the registry program under sections 152.22 to 152.37 as a condition of
probation, parole, pretrial conditional release, or supervised release or revoke a patient's
probation, parole, pretrial conditional release, or supervised release or otherwise sanction
a patient on probation, parole, pretrial conditional release, or supervised release, nor weigh
participation in the registry program, or positive drug test for cannabis components or
metabolites by registry participants, or both, as a factor when considering penalties for
violations of probation, parole, pretrial conditional release, or supervised release.
new text end
new text begin
(b) The commissioner of corrections, probation agent, or parole officer shall not prohibit
a person from participating in the registry program under sections 152.22 to 152.37 as a
condition of parole, supervised release, or conditional release or revoke a patient's parole,
supervised release, or conditional release or otherwise sanction a patient on parole, supervised
release, or conditional release solely for participating in the registry program or for a positive
drug test for cannabis components or metabolites.
new text end
Sec. 16.
new text begin
[152.325] CRIMINAL AFFIRMATIVE DEFENSE.
new text end
new text begin
It is an affirmative defense to a charge of possession of marijuana that the defendant
was enrolled in the registry program under sections 152.22 to 152.37 and possessed the
marijuana to use for a qualifying medical condition or was a visiting patient and possessed
the marijuana for medical use as authorized under the laws or regulations of the visiting
patient's jurisdiction of residence. This affirmative defense applies to a charge of violating:
new text end
new text begin
(1) section 152.025, subdivision 2, involving possession of the amount of marijuana
identified in section 152.025, subdivision 4, paragraph (a), clause (3); or
new text end
new text begin
(2) section 152.027, subdivision 3 or 4.
new text end
Sec. 17.
Minnesota Statutes 2020, section 260B.198, subdivision 1, is amended to read:
Subdivision 1.
Court order, findings, remedies, treatment.
(a) If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:
(1) counsel the child or the parents, guardian, or custodian;
(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed
for the physical, mental, and moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care facility which is under the
management and supervision of said commissioner;
(3) if the court determines that the child is a danger to self or others, subject to the
supervision of the court, transfer legal custody of the child to one of the following:
(i) a child-placing agency;
(ii) the local social services agency;
(iii) a reputable individual of good moral character. No person may receive custody of
two or more unrelated children unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16;
(iv) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or
(v) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;
(4) transfer legal custody by commitment to the commissioner of corrections;
(5) if the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage;
(6) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;
(7) if the child is in need of special treatment and care for reasons of physical or mental
health, the court may order the child's parent, guardian, or custodian to provide it. If the
parent, guardian, or custodian fails to provide this treatment or care, the court may order it
provided;
(8) if the court believes that it is in the best interests of the child and of public safety
that the driver's license of the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the cancellation of the child's license
for any period up to the child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before the termination of the period
of cancellation, the court may, for good cause, recommend to the commissioner of public
safety that the child be authorized to apply for a new license, and the commissioner may so
authorize;
(9) if the court believes that it is in the best interest of the child and of public safety that
the child is enrolled in school, the court may require the child to remain enrolled in a public
school until the child reaches the age of 18 or completes all requirements needed to graduate
from high school. Any child enrolled in a public school under this clause is subject to the
provisions of the Pupil Fair Dismissal Act in chapter 127;
(10) if the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 tonew text begin 152.0262 or sectionnew text end 152.027,new text begin subdivision 1, 2,
3, 5, 6, or 7,new text end the court shall determine whether the child unlawfully possessed or sold the
controlled substance while driving a motor vehicle. If so, the court shall notify the
commissioner of public safety of its determination and order the commissioner to revoke
the child's driver's license for the applicable time period specified in section 152.0271. If
the child does not have a driver's license or if the child's driver's license is suspended or
revoked at the time of the delinquency finding, the commissioner shall, upon the child's
application for driver's license issuance or reinstatement, delay the issuance or reinstatement
of the child's driver's license for the applicable time period specified in section 152.0271.
Upon receipt of the court's order, the commissioner is authorized to take the licensing action
without a hearing;
(11) if the child is petitioned and found by the court to have committed or attempted to
commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor providing
an assessment for the court must be experienced in the evaluation and treatment of juvenile
sex offenders. If the assessment indicates that the child is in need of and amenable to sex
offender treatment, the court shall include in its disposition order a requirement that the
child undergo treatment. Notwithstanding section 13.384, 13.85, 144.291 to 144.298, or
260B.171, or chapter 260E, the assessor has access to the following private or confidential
data on the child if access is relevant and necessary for the assessment:
(i) medical data under section 13.384;
(ii) corrections and detention data under section 13.85;
(iii) health records under sections 144.291 to 144.298;
(iv) juvenile court records under section 260B.171; and
(v) local welfare agency records under chapter 260E.
Data disclosed under this clause may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law; or
(12) if the child is found delinquent due to the commission of an offense that would be
a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs.
(b) Any order for a disposition authorized under this section shall contain written findings
of fact to support the disposition ordered and shall also set forth in writing the following
information:
(1) why the best interests of the child are served by the disposition ordered; and
(2) what alternative dispositions were considered by the court and why such dispositions
were not appropriate in the instant case. Clause (1) does not apply to a disposition under
subdivision 1a.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to findings
by the court made on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2020, section 609.165, subdivision 1a, is amended to read:
Subd. 1a.
Certain convicted felons ineligible to possess firearms or ammunition.
The
order of discharge must provide that a person who has been convicted of a crime of violence,
as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or
receive a firearm or ammunition for the remainder of the person's lifetime. Any person who
has received such a discharge and who thereafter has received a relief of disability under
United States Code, title 18, section 925, or whose ability to possess firearms and ammunition
has been restored under subdivision 1dnew text begin or section 152.18, subdivision 3new text end , shall not be subject
to the restrictions of this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 19.
Minnesota Statutes 2020, section 609.165, subdivision 1b, is amended to read:
Subd. 1b.
Violation and penalty.
(a) Any person who has been convicted of a crime of
violence, as defined in section 624.712, subdivision 5, and who ships, transports, possesses,
or receives a firearm or ammunition, commits a felony and may be sentenced to imprisonment
for not more than 15 years or to payment of a fine of not more than $30,000, or both.
(b) A conviction and sentencing under this section shall be construed to bar a conviction
and sentencing for a violation of section 624.713, subdivision 2.
(c) The criminal penalty in paragraph (a) does not apply to any person who has received
a relief of disability under United States Code, title 18, section 925, or whose ability to
possess firearms and ammunition has been restored under subdivision 1dnew text begin or section 152.18,
subdivision 3new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 20.
Minnesota Statutes 2020, section 609A.02, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Certain petty misdemeanor controlled substance offenses. new text end
new text begin
Records related
to petty misdemeanor violations of section 152.027, subdivision 4, or 152.092 involving
marijuana-related drug paraphernalia shall be sealed without the filing of a petition as
provided in section 609A.027.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 21.
new text begin
[609A.027] NO PETITION REQUIRED FOR CERTAIN PETTY
MISDEMEANOR CONTROLLED SUBSTANCE VIOLATIONS AFTER ONE-YEAR
WAITING PERIOD.
new text end
new text begin
(a) At the conclusion of one year following conviction for a petty misdemeanor violation
of section 152.027, subdivision 4, or 152.092 involving marijuana-related drug paraphernalia
and the payment of any fines, fees, and surcharges and, if applicable, the successful
completion of any required drug education program, or following the dismissal of a petty
misdemeanor charge for violating section 152.027, subdivision 4, or 152.092 involving
marijuana-related drug paraphernalia, the court shall order, without the filing of a petition,
the sealing of all records relating to the arrest, charge, trial, dismissal, and conviction.
new text end
new text begin
(b) A record sealed under paragraph (a) may be opened only as provided in section
609A.03, subdivision 7a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 22. new text begin TASK FORCE ON ABUSE OF CONTROLLED SUBSTANCES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Task Force on Abuse of Controlled Substances is
established to review the ways in which the state's justice, social service, and health systems
currently respond to individuals who abuse controlled substances or commit controlled
substance offenses, to examine approaches taken in other jurisdictions, and to make policy
and funding recommendations to the legislature.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) the commissioner of public safety;
new text end
new text begin
(2) the commissioner of human services;
new text end
new text begin
(3) the commissioner of corrections, or a designee;
new text end
new text begin
(4) the commissioner of health, or a designee;
new text end
new text begin
(5) the chief justice, or a designee;
new text end
new text begin
(6) the state public defender, or a designee;
new text end
new text begin
(7) a county attorney appointed by the Minnesota County Attorneys Association;
new text end
new text begin
(8) a representative from Indian health services or a Tribal council appointed by the
Indian Affairs Council;
new text end
new text begin
(9) a representative of the Community Corrections Act counties appointed by the
Minnesota Association of Community Corrections Act Counties;
new text end
new text begin
(10) a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), who is a member of a multijurisdictional drug task force appointed by the
Minnesota Chiefs of Police Association;
new text end
new text begin
(11) a peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the Minnesota Sheriffs' Association;
new text end
new text begin
(12) a member of the Minnesota State Board of Pharmacy appointed by the board's
president;
new text end
new text begin
(13) a member of the Opiate Epidemic Response Advisory Council appointed by the
council's chair;
new text end
new text begin
(14) a representative from a community health board appointed by the commissioner of
health;
new text end
new text begin
(15) a member representing sober living programs or substance use disorder programs
licensed under Minnesota Statutes, chapter 245G, appointed by the commissioner of human
services;
new text end
new text begin
(16) a member of the Minnesota Association of County Social Service Administrators
appointed by the association's president;
new text end
new text begin
(17) a member of the public with a substance use disorder who has experience in the
criminal justice system appointed by the governor; and
new text end
new text begin
(18) a member of the public who has been the victim of a crime relating to substance
abuse appointed by the governor.
new text end
new text begin
(b) Appointments must be made no later than August 30, 2022.
new text end
new text begin
(c) Public members identified in paragraph (a), clauses (17) and (18), are eligible for
compensation and expense reimbursement consistent with Minnesota Statutes, section
15.059, subdivision 3. All other members shall serve without compensation.
new text end
new text begin
(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The commissioners of public safety and human services
shall cochair the task force. The task force may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of public safety shall convene the first meeting of the task force
no later than September 15, 2022, and shall provide meeting space and administrative
assistance through the Office of Justice Programs as necessary for the task force to conduct
its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of a cochair. The task
force shall meet sufficiently enough to accomplish the tasks identified in this section.
Meetings of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) collect and analyze data on controlled substance offenses, deaths and hospitalizations
from controlled substance overdoses, and other societal impacts related to controlled
substance use disorders;
new text end
new text begin
(2) analyze the law enforcement response to controlled substance abuse in Minnesota
and other jurisdictions;
new text end
new text begin
(3) analyze the judicial system response to controlled substance abuse in Minnesota and
other jurisdictions, including a review of treatment courts and diversion programs;
new text end
new text begin
(4) analyze the prosecutorial response to controlled substance abuse in Minnesota and
other jurisdictions, including charging decisions, plea bargains, and the use of pretrial and
precharge diversion programs;
new text end
new text begin
(5) analyze the correctional response to controlled substance abuse in Minnesota and
other jurisdictions, including the use of mandatory drug testing, required participation in
substance abuse treatment programs as a condition of probation, the effectiveness of
substance abuse treatment programs offered to incarcerated individuals, and the effectiveness
of the challenge incarceration program;
new text end
new text begin
(6) analyze the human services and health response to controlled substance abuse in
Minnesota and other jurisdictions, including the effectiveness of prevention programs,
availability of inpatient and outpatient treatment programs, funding for participation in those
programs, and the outcomes for participants in those programs;
new text end
new text begin
(7) receive input from members of communities that have been affected by criminal
activity and other social costs associated with controlled substance abuse;
new text end
new text begin
(8) receive input from members of communities that have been affected by the
criminalization of controlled substance abuse; and
new text end
new text begin
(9) make recommendations for coordination of services, adoption of prevention models,
expansion of effective treatment services, levels of funding, statutory changes, and other
community and legislative action to address controlled substance abuse in Minnesota.
new text end
new text begin
(b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
(a) The task force shall submit annual reports to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy, human services finance and policy, health finance and policy,
and judiciary finance and policy.
new text end
new text begin
(b) The task force shall submit a preliminary report on or before March 1, 2023.
new text end
new text begin
(c) The task force shall submit a supplemental report on or before February 1, 2024.
new text end
new text begin
(d) The task force shall submit a final report on or before January 15, 2025.
new text end
new text begin Subd. 6. new text end
new text begin Expiration. new text end
new text begin
The task force expires the day after submitting its final report under
subdivision 5.
new text end
ARTICLE 5
CORRECTIONS AND SENTENCING
Section 1.
Minnesota Statutes 2020, section 13.871, subdivision 14, is amended to read:
Subd. 14.
Expungement deleted text begin petitionsdeleted text end .
new text begin (a) new text end Provisions regarding the classification and sharing
of data contained in a petition for expungement of a criminal record are included in section
609A.03.
new text begin
(b) Provisions regarding the classification and sharing of data related to automatic
expungements are included in sections 299C.097 and 609A.015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 2.
Minnesota Statutes 2020, section 152.18, subdivision 1, is amended to read:
Subdivision 1.
Deferring prosecution for certain first time drug offenders.
(a) A
court may defer prosecution as provided in paragraph (c) for any person found guilty, after
trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024,
subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d),
for possession of a controlled substance, who:
(1) has not previously participated in or completed a diversion program authorized under
section 401.065;
(2) has not previously been placed on probation without a judgment of guilty and
thereafter been discharged from probation under this section; and
(3) has not been convicted of a felony violation of this chapter, including a felony-level
attempt or conspiracy, or been convicted by the United States or another state of a similar
offense that would have been a felony under this chapter if committed in Minnesota, unless
ten years have elapsed since discharge from sentence.
(b) The court must defer prosecution as provided in paragraph (c) for any person found
guilty of a violation of section 152.025, subdivision 2, who:
(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
(2) has not previously been convicted of a felony offense under any state or federal law
or of a gross misdemeanor under section 152.025.
(c) In granting relief under this section, the court shall, 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. The court 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. new text begin Upon receipt of notice that the
proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting
or citing law enforcement agency and direct that agency to seal its records related to the
charge. new text end 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 January 1, 2024.
new text end
Sec. 3.
Minnesota Statutes 2020, section 241.021, subdivision 2a, is amended to read:
Subd. 2a.
Affected municipality; notice.
The commissioner must not deleted text begin issuedeleted text end new text begin grantnew text end a
license without giving 30 calendar days' written notice to any affected municipality or other
political subdivision unless the facility has a licensed capacity of six or fewer persons and
is occupied by either the licensee or the group foster home parents. The notification must
be given before the new text begin license is new text end first deleted text begin issuance of a licensedeleted text end new text begin grantednew text end and annually after that time
if annual notification is requested in writing by any affected municipality or other political
subdivision. State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
subdivision 2 until the provisions of this subdivision have been complied with in full.
Sec. 4.
Minnesota Statutes 2020, section 241.021, subdivision 2b, is amended to read:
Subd. 2b.
Licensing; facilities; juveniles from outside state.
The commissioner may
not:
(1) deleted text begin issuedeleted text end new text begin grantnew text end a license under this section to operate a correctional facility for the
detention or confinement of juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity placing the juvenile at the facility
that obligates the entity to pay the educational expenses of the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention
or confinement of juvenile offenders if the facility accepts juveniles who reside outside of
Minnesota without an agreement with the entity placing the juvenile at the facility that
obligates the entity to pay the educational expenses of the juvenile.
Sec. 5.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 2c. new text end
new text begin Searches. new text end
new text begin
The commissioner shall not grant a license to any county,
municipality, or agency to operate a facility for the detention, care, and training of delinquent
children and youth unless the county, municipality, or agency institutes a policy strictly
prohibiting the visual inspection of breasts, buttocks, or genitalia of children and youth
received by the facility except during a health care procedure conducted by a medically
licensed person.
new text end
Sec. 6.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 2d. new text end
new text begin Disciplinary room time. new text end
new text begin
The commissioner shall not grant a license to any
county, municipality, or agency to operate a facility for the detention, care, and training of
delinquent children and youth unless the county, municipality, or agency institutes a policy
strictly prohibiting the use of disciplinary room time for children and youth received by the
facility.
new text end
Sec. 7.
Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 4e. new text end
new text begin Language access. new text end
new text begin
The commissioner of corrections shall take reasonable steps
to provide meaningful access to limited English proficient (LEP) individuals incarcerated,
detained, or supervised by the Department of Corrections. The commissioner shall develop
written policy and annual training to implement language access for LEP individuals.
new text end
Sec. 8.
Minnesota Statutes 2020, section 241.90, is amended to read:
241.90 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
The Office of Ombudsperson for the Department of Corrections is hereby created. The
ombudsperson shall deleted text begin serve at the pleasure ofdeleted text end new text begin be appointed bynew text end the governor in the unclassified
servicedeleted text begin ,deleted text end new text begin and may be removed only for just cause. The ombudspersonnew text end shall be selected without
regard to political affiliation, and shall be a person highly competent and qualified to analyze
questions of law, administration, and public policy. No person may serve as ombudsperson
while holding any other public office. The ombudsperson for corrections shall be accountable
to the governor and shall have the authority to investigate decisions, acts, and other matters
of the Department of Corrections so as to promote the highest attainable standards of
competence, efficiency, and justice in the administration of corrections.
Sec. 9.
Minnesota Statutes 2020, section 242.192, is amended to read:
242.192 CHARGES TO COUNTIES.
new text begin (a) new text end The commissioner shall charge counties or other appropriate jurisdictions deleted text begin 65 percent
ofdeleted text end the per diem cost of confinement, excluding educational costs and nonbillable service,
of juveniles at the Minnesota Correctional Facility-Red Wing and of juvenile females
committed to the commissioner of corrections. This charge applies to juveniles committed
to the commissioner of corrections and juveniles admitted to the Minnesota Correctional
Facility-Red Wing under established admissions criteria. This charge applies to both counties
that participate in the Community Corrections Act and those that do not. The commissioner
shall determine the per diem cost of confinement based on projected population, pricing
incentives, and market conditions. deleted text begin All money received under this section must be deposited
in the state treasury and credited to the general fund.
deleted text end
new text begin
(b) The first 65 percent of all money received under paragraph (a) must be deposited in
the state treasury and credited to the general fund. The next 35 percent of all money received
under paragraph (a) must be credited to the prevention services account, which is hereby
established in the special revenue fund. Interest earned in the account accrues to the account.
Funds in the prevention services account are annually appropriated to the commissioner of
public safety to provide grants for prevention services and dual status youth programs.
Recipients must use funds to prevent juveniles from entering the criminal or juvenile justice
system or provide services for youth who are in both the child welfare and juvenile justice
systems.
new text end
Sec. 10.
new text begin
[244.049] INDETERMINATE SENTENCE RELEASE BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; membership. new text end
new text begin
(a) The Indeterminate Sentence Release
Board is established to review eligible cases and make release decisions for inmates serving
indeterminate sentences under the authority of the commissioner.
new text end
new text begin
(b) The board shall consist of five members as follows:
new text end
new text begin
(1) four persons appointed by the governor from two recommendations of each of the
majority leaders and minority leaders of the house of representatives and the senate; and
new text end
new text begin
(2) the commissioner of corrections who shall serve as chair.
new text end
new text begin
(c) The members appointed from the legislative recommendations must meet the
following qualifications at a minimum:
new text end
new text begin
(1) a bachelor's degree in criminology, corrections, or a related social science, or a law
degree;
new text end
new text begin
(2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end
new text begin
(3) demonstrated knowledge of victim issues and correctional processes.
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
new text begin
(a) Members of the board shall serve four-year staggered
terms except that the terms of the initial members of the board must be as follows:
new text end
new text begin
(1) two members must be appointed for terms that expire January 1, 2024; and
new text end
new text begin
(2) two members must be appointed for terms that expire January 1, 2026.
new text end
new text begin
(b) A member is eligible for reappointment.
new text end
new text begin
(c) Vacancies on the board shall be filled in the same manner as the initial appointments
under subdivision 1.
new text end
new text begin
(d) Member compensation and removal of members on the board shall be as provided
in section 15.0575.
new text end
new text begin Subd. 3. new text end
new text begin Quorum; administrative duties. new text end
new text begin
(a) The majority of members constitutes a
quorum.
new text end
new text begin
(b) The commissioner of corrections shall provide the board with personnel, supplies,
equipment, office space, and other administrative services necessary and incident to the
discharge of the functions of the board.
new text end
new text begin Subd. 4. new text end
new text begin Limitation. new text end
new text begin
Nothing in this section supersedes the commissioner's authority
to revoke an inmate's release for a violation of the inmate's terms of release or impairs the
power of the Board of Pardons to grant a pardon or commutation in any case.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
On or before February 15 each year, the board shall submit to the
legislative committees with jurisdiction over criminal justice policy a written report detailing
the number of inmates reviewed and identifying persons granted release in the preceding
year. The report shall also include the board's recommendations for policy modifications
that influence the board's duties.
new text end
Sec. 11.
Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life sentence.
(a) The deleted text begin commissioner of correctionsdeleted text end new text begin boardnew text end
may, under rules deleted text begin promulgateddeleted text end new text begin adoptednew text end by the commissionernew text begin and upon majority vote of the
board membersnew text end , give supervised release to an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the inmate has
served the minimum term of imprisonment specified in subdivision 4.
(b) The deleted text begin commissionerdeleted text end new text begin boardnew text end shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. The statement may summarize
the harm suffered by the victim as a result of the crime and give the victim's recommendation
on whether the inmate should be given supervised release at this time. The deleted text begin commissionerdeleted text end new text begin
boardnew text end must consider the victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the deleted text begin commissionerdeleted text end new text begin boardnew text end shall consider,
at a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological or
other diagnostic evaluations of the inmate, the inmate's criminal history, and any other
relevant conduct of the inmate while incarcerated or before incarceration. The deleted text begin commissionerdeleted text end new text begin
boardnew text end may not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
(e) As used in this subdivisiondeleted text begin ,deleted text end new text begin :
new text end
new text begin
(1) "board" means the Indeterminate Sentence Release Board under section 244.049;
and
new text end
new text begin (2)new text end "victim" means the individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving spouse or next of kin.
Sec. 12.
Minnesota Statutes 2020, section 244.09, subdivision 10, is amended to read:
Subd. 10.
Research director.
The commission may select and employ a research director
who shall perform the duties the commission directs, including the hiring of any clerical
help and other employees as the commission shall approve. The research director deleted text begin and other
staffdeleted text end shall be in the unclassified service of the state deleted text begin and theirdeleted text end new text begin . Thenew text end compensation new text begin of the
research director and other staff new text end shall be established pursuant to chapter 43A. They shall
be reimbursed for the expenses necessarily incurred in the performance of their official
duties in the same manner as other state employees.
Sec. 13.
Minnesota Statutes 2020, section 260B.163, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) Except for hearings arising under section 260B.425, hearings
on any matter shall be without a jury and may be conducted in an informal manner, except
that a child who is prosecuted as an extended jurisdiction juvenile has the right to a jury
trial on the issue of guilt. The rules of evidence promulgated pursuant to section 480.0591
and the law of evidence shall apply in adjudicatory proceedings involving a child alleged
to be delinquent, an extended jurisdiction juvenile, or a juvenile petty offender, and hearings
conducted pursuant to section 260B.125 except to the extent that the rules themselves provide
that they do not apply.
(b) When a continuance or adjournment is ordered in any proceeding, the court may
make any interim orders as it deems in the best interests of the minor in accordance with
the provisions of sections 260B.001 to 260B.421.
(c) Except as otherwise provided in this paragraph, the court shall exclude the general
public from hearings under this chapter and shall admit only those persons who, in the
discretion of the court, have a direct interest in the case or in the work of the court. The
court shall permit the victim of a child's delinquent act to attend any related delinquency
proceeding, except that the court may exclude the victim:
(1) as a witness under the Rules of Criminal Procedure; and
(2) from portions of a certification hearing to discuss psychological material or other
evidence that would not be accessible to the public.
The court shall open the hearings to the public in deleted text begin delinquency ordeleted text end extended jurisdiction
juvenile proceedings where the child is alleged to have committed an offense or has been
proven to have committed an offense that would be a felony if committed by an adult and
the child was at least 16 years of age at the time of the offense, except that the court may
exclude the public from portions of a certification hearing to discuss psychological material
or other evidence that would not be accessible to the public in an adult proceeding.
(d) In all delinquency cases a person named in the charging clause of the petition as a
person directly damaged in person or property shall be entitled, upon request, to be notified
by the court administrator in writing, at the named person's last known address, of (1) the
date of the certification or adjudicatory hearings, and (2) the disposition of the case.
Sec. 14.
Minnesota Statutes 2020, section 260B.176, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Risk assessment instrument. new text end
new text begin
If a peace officer or probation or parole officer
who took a child into custody does not release the child as provided in subdivision 1, the
peace officer or probation or parole officer shall communicate with or deliver the child to
a juvenile secure detention facility to determine whether the child should be released or
detained. Before detaining a child, the supervisor of the facility shall use an objective and
racially, ethnically, and gender-responsive juvenile detention risk assessment instrument
developed by the commissioner of corrections, county, group of counties, or judicial district,
in consultation with the state coordinator or coordinators of the Minnesota Juvenile Detention
Alternatives Initiative. The risk assessment instrument must assess the likelihood that a
child released from preadjudication detention under this section or section 260B.178 would
endanger others or not return for a court hearing. The instrument must identify the appropriate
setting for a child who might endanger others or not return for a court hearing pending
adjudication, with either continued detention or placement in a noncustodial
community-based supervision setting. The instrument must also identify the type of
noncustodial community-based supervision setting necessary to minimize the risk that a
child who is released from custody will endanger others or not return for a court hearing.
If, after using the instrument, a determination is made that the child should be released, the
person taking the child into custody or the supervisor of the facility shall release the child
as provided in subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 15, 2022.
new text end
Sec. 15.
Minnesota Statutes 2020, section 260B.176, subdivision 2, is amended to read:
Subd. 2.
Reasons for detention.
(a) If the child is not released as provided in subdivision
1, the person taking the child into custody shall notify the court as soon as possible of the
detention of the child and the reasons for detention.
new text begin
(b) No child may be detained in a secure detention facility after being taken into custody
for a delinquent act as defined in section 260B.007, subdivision 6, unless the child is over
the age of 12.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end No child may be detained in a juvenile secure detention facility or shelter care
facility longer than 36 hours, excluding Saturdays, Sundays, and holidays, after being taken
into custody for a delinquent act as defined in section 260B.007, subdivision 6, unless a
petition has been filed and the judge or referee determines pursuant to section 260B.178
that the child shall remain in detention.
deleted text begin (c)deleted text end new text begin (d)new text end No child may be detained in an adult jail or municipal lockup longer than 24
hours, excluding Saturdays, Sundays, and holidays, or longer than six hours in an adult jail
or municipal lockup in a standard metropolitan statistical area, after being taken into custody
for a delinquent act as defined in section 260B.007, subdivision 6, unless:
(1) a petition has been filed under section 260B.141; and
(2) a judge or referee has determined under section 260B.178 that the child shall remain
in detention.
After August 1, 1991, no child described in this paragraph may be detained in an adult
jail or municipal lockup longer than 24 hours, excluding Saturdays, Sundays, and holidays,
or longer than six hours in an adult jail or municipal lockup in a standard metropolitan
statistical area, unless the requirements of this paragraph have been met and, in addition, a
motion to refer the child for adult prosecution has been made under section 260B.125.
Notwithstanding this paragraph, continued detention of a child in an adult detention facility
outside of a standard metropolitan statistical area county is permissible if:
(i) the facility in which the child is detained is located where conditions of distance to
be traveled or other ground transportation do not allow for court appearances within 24
hours. A delay not to exceed 48 hours may be made under this clause; or
(ii) the facility is located where conditions of safety exist. Time for an appearance may
be delayed until 24 hours after the time that conditions allow for reasonably safe travel.
"Conditions of safety" include adverse life-threatening weather conditions that do not allow
for reasonably safe travel.
The continued detention of a child under clause (i) or (ii) must be reported to the
commissioner of corrections.
deleted text begin (d)deleted text end new text begin (e)new text end If a child described in paragraph deleted text begin (c)deleted text end new text begin (d)new text end is to be detained in a jail beyond 24 hours,
excluding Saturdays, Sundays, and holidays, the judge or referee, in accordance with rules
and procedures established by the commissioner of corrections, shall notify the commissioner
of the place of the detention and the reasons therefor. The commissioner shall thereupon
assist the court in the relocation of the child in an appropriate juvenile secure detention
facility or approved jail within the county or elsewhere in the state, or in determining suitable
alternatives. The commissioner shall direct that a child detained in a jail be detained after
eight days from and including the date of the original detention order in an approved juvenile
secure detention facility with the approval of the administrative authority of the facility. If
the court refers the matter to the prosecuting authority pursuant to section 260B.125, notice
to the commissioner shall not be required.
deleted text begin (e)deleted text end new text begin (f)new text end When a child is detained for an alleged delinquent act in a state licensed juvenile
facility or program, or when a child is detained in an adult jail or municipal lockup as
provided in paragraph deleted text begin (c)deleted text end new text begin (d)new text end , the supervisor of the facility shall, if the child's parent or legal
guardian consents, have a children's mental health screening conducted with a screening
instrument approved by the commissioner of human services, unless a screening has been
performed within the previous 180 days or the child is currently under the care of a mental
health professional. The screening shall be conducted by a mental health practitioner as
defined in section 245.4871, subdivision 26, or a probation officer who is trained in the use
of the screening instrument. The screening shall be conducted after the initial detention
hearing has been held and the court has ordered the child continued in detention. The results
of the screening may only be presented to the court at the dispositional phase of the court
proceedings on the matter unless the parent or legal guardian consents to presentation at a
different time. If the screening indicates a need for assessment, the local social services
agency or probation officer, with the approval of the child's parent or legal guardian, shall
have a diagnostic assessment conducted, including a functional assessment, as defined in
section 245.4871.
Sec. 16.
Minnesota Statutes 2020, section 260C.007, subdivision 6, is amended to read:
Subd. 6.
Child in need of protection or services.
"Child in need of protection or
services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03,
subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined
in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or
would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child
abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as
defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the
child's physical or mental health or morals because the child's parent, guardian, or custodian
is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional
condition because the child's parent, guardian, or custodian is unable or unwilling to provide
that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of
medically indicated treatment from an infant with a disability with a life-threatening
condition. The term "withholding of medically indicated treatment" means the failure to
respond to the infant's life-threatening conditions by providing treatment, including
appropriate nutrition, hydration, and medication which, in the treating physician's or advanced
practice registered nurse's reasonable medical judgment, will be most likely to be effective
in ameliorating or correcting all conditions, except that the term does not include the failure
to provide treatment other than appropriate nutrition, hydration, or medication to an infant
when, in the treating physician's or advanced practice registered nurse's reasonable medical
judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in
ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be
futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of
the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved
of the child's care and custody, including a child who entered foster care under a voluntary
placement agreement between the parent and the responsible social services agency under
section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability,
or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or
dangerous to the child or others. An injurious or dangerous environment may include, but
is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that
have been diagnosed by a physician and are due to parental neglect;
(11) is a sexually exploited youth;
(12) has committed a delinquent act or a juvenile petty offense before becoming deleted text begin tendeleted text end new text begin 13new text end
years old;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason of
mental illness or mental deficiency in connection with a delinquency proceeding, a
certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a
proceeding involving a juvenile petty offense; or
(16) has a parent whose parental rights to one or more other children were involuntarily
terminated or whose custodial rights to another child have been involuntarily transferred to
a relative and there is a case plan prepared by the responsible social services agency
documenting a compelling reason why filing the termination of parental rights petition under
section 260C.503, subdivision 2, is not in the best interests of the child.
Sec. 17.
new text begin
[299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE
FOR EXPUNGEMENT.
new text end
new text begin
(a) The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to petty misdemeanor and misdemeanor offenses that
may become eligible for expungement pursuant to section 609A.015, do not require
fingerprinting pursuant to section 299C.10, and are not linked to an arrest record in the
criminal history system.
new text end
new text begin
(b) This data is private data on individuals under section 13.02, subdivision 12.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 18.
Minnesota Statutes 2020, section 299C.10, subdivision 1, is amended to read:
Subdivision 1.
Required fingerprinting.
(a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be
taken immediately finger and thumb prints, photographs, distinctive physical mark
identification data, information on any known aliases or street names, and other identification
data requested or required by the superintendent of the bureau, of the following:
(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
or alleged to have committed felonies or gross misdemeanors as distinguished from those
committed by adult offenders;
(3) adults and juveniles admitted to jails or detention facilities;
(4) persons reasonably believed by the arresting officer to be fugitives from justice;
(5) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
to be intended for such purposes;
(6) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and
(7) persons currently involved in the criminal justice process, on probation, on parole,
or in custody for any offense whom the superintendent of the bureau identifies as being the
subject of a court disposition record which cannot be linked to an arrest record, and whose
fingerprints are necessary to reduce the number of suspense files, or to comply with the
mandates of section 299C.111, relating to the reduction of the number of suspense files.
This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest interviews, while
making court appearances, while in custody, or while on any form of probation, diversion,
or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be electronically entered into a bureau-managed
searchable database in a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take fingerprints of an individual who is
presently on probation.
(d) Finger and thumb prints must be obtained no later than:
(1) release from booking; or
(2) if not booked prior to acceptance of a plea of guilty or not guilty.
Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the taking
of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
period may be extended upon a showing that additional time in custody is essential for the
successful taking of prints.
(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation),new text begin 609.749 (obscene or harassing telephone
calls),new text end 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 15, 2022, and applies to
individuals arrested, appearing in court, or convicted on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2020, section 299C.111, is amended to read:
299C.111 SUSPENSE FILE REPORTING.
The superintendent shall immediately notify the appropriate entity or individual when
a disposition recordnew text begin for a felony, gross misdemeanor, or targeted misdemeanornew text end is received
that cannot be linked to an arrest record.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 20.
Minnesota Statutes 2020, section 299C.17, is amended to read:
299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall require the court administrator of every court which sentences
a defendant for a felony, gross misdemeanor, deleted text begin or targeteddeleted text end misdemeanornew text begin , or petty misdemeanornew text end
to electronically transmit within 24 hours of the disposition of the case a report, in a form
prescribed by the superintendent providing information required by the superintendent with
regard to the prosecution and disposition of criminal cases. A copy of the report shall be
kept on file in the office of the court administrator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 21.
Minnesota Statutes 2020, section 609.05, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Exception. new text end
new text begin
(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), committed by another person unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other person with the intent to cause the death of a human being.
new text end
new text begin
(b) A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), committed by another person unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2020, section 609A.01, is amended to read:
609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
This chapter provides the grounds and procedures for expungement of criminal records
under section 13.82; 152.18, subdivision 1; 299C.11, where new text begin expungement is automatic under
section 609A.015, or new text end a petition is authorized under section 609A.02, subdivision 3; or other
applicable law. The remedy available is limited to a court order sealing the records and
prohibiting the disclosure of their existence or their opening except under court order or
statutory authority. Nothing in this chapter authorizes the destruction of records or their
return to the subject of the records.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 23.
new text begin
[609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Eligibility; dismissal; exoneration. new text end
new text begin
A person who is the subject of a
criminal record or delinquency record is eligible for a grant of expungement relief without
the filing of a petition:
new text end
new text begin
(1) if the person was arrested and all charges were dismissed after a case was filed unless
dismissal was based on a finding that the defendant was incompetent to proceed; or
new text end
new text begin
(2) if all pending actions or proceedings were resolved in favor of the person.
new text end
new text begin
For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a
resolution in favor of the person. For purposes of this chapter, an action or proceeding is
resolved in favor of the person if the petitioner received an order under section 590.11
determining that the person is eligible for compensation based on exoneration.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility; diversion and stay of adjudication. new text end
new text begin
A person is eligible for a grant
of expungement relief if the person has successfully completed the terms of a diversion
program or stay of adjudication for an offense that is not a felony or a gross misdemeanor
violation of section 609.3451, subdivision 1a, and has not been petitioned or charged with
a new offense, other than an offense that would be a petty misdemeanor, for one year
immediately following completion of the diversion program or stay of adjudication.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility; certain criminal and delinquency proceedings. new text end
new text begin
(a) A person is
eligible for a grant of expungement relief if the person:
new text end
new text begin
(1) was adjudicated delinquent for, convicted of, or received a stayed sentence for a
qualifying offense;
new text end
new text begin
(2) has not been convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota during the applicable waiting period immediately following
discharge of the disposition or sentence for the crime; and
new text end
new text begin
(3) is not charged with an offense in Minnesota at the time the person reaches the end
of the applicable waiting period.
new text end
new text begin
(b) As used in this subdivision, "qualifying offense" means an adjudication, conviction,
or stayed sentence for:
new text end
new text begin
(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;
new text end
new text begin
(2) any misdemeanor offense other than:
new text end
new text begin
(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
while impaired);
new text end
new text begin
(ii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end
new text begin
(iii) section 609.224 (assault in the fifth degree);
new text end
new text begin
(iv) section 609.2242 (domestic assault);
new text end
new text begin
(v) section 609.748 (violation of a harassment restraining order);
new text end
new text begin
(vi) section 609.78 (interference with emergency call);
new text end
new text begin
(vii) section 609.79 (obscene or harassing phone calls);
new text end
new text begin
(viii) section 617.23 (indecent exposure);
new text end
new text begin
(ix) section 609.746 (interference with privacy); or
new text end
new text begin
(x) section 629.75 (violation of domestic abuse no contact order); or
new text end
new text begin
(3) any gross misdemeanor offense other than:
new text end
new text begin
(i) section 169A.25 (second-degree driving while impaired);
new text end
new text begin
(ii) section 169A.26 (third-degree driving while impaired);
new text end
new text begin
(iii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end
new text begin
(iv) section 609.2231 (assault in the fourth degree);
new text end
new text begin
(v) section 609.224 (assault in the fifth degree);
new text end
new text begin
(vi) section 609.2242 (domestic assault);
new text end
new text begin
(vii) section 609.233 (criminal neglect);
new text end
new text begin
(viii) section 609.3451 (criminal sexual conduct in the fifth degree);
new text end
new text begin
(ix) section 609.377 (malicious punishment of child);
new text end
new text begin
(x) section 609.485 (escape from custody);
new text end
new text begin
(xi) section 609.498 (tampering with witness);
new text end
new text begin
(xii) section 609.582, subdivision 4 (burglary in the fourth degree);
new text end
new text begin
(xiii) section 609.746 (interference with privacy);
new text end
new text begin
(xiv) section 609.748 (violation of a harassment restraining order);
new text end
new text begin
(xv) section 609.749 (harassment; stalking);
new text end
new text begin
(xvi) section 609.78 (interference with emergency call);
new text end
new text begin
(xvii) section 617.23 (indecent exposure);
new text end
new text begin
(xviii) section 617.261 (nonconsensual dissemination of private sexual images); or
new text end
new text begin
(xix) section 629.75 (violation of domestic abuse no contact order).
new text end
new text begin
(c) As used in this subdivision, "applicable waiting period" means:
new text end
new text begin
(1) if the offense was a petty misdemeanor or a misdemeanor, two years; and
new text end
new text begin
(2) if the offense was a gross misdemeanor, four years.
new text end
new text begin
(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
misdemeanor offenses ineligible for a grant of expungement under this section remain
ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Notice. new text end
new text begin
(a) The court shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility at any hearing where the court
dismisses and discharges proceedings against a person under section 152.18, subdivision
1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
substance; concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
new text end
new text begin
(b) To the extent possible, prosecutors, defense counsel, supervising agents, and
coordinators or supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
new text end
new text begin
(c) If any party gives notification under this subdivision, the notification shall inform
the person that:
new text end
new text begin
(1) an expunged record of a conviction may be opened for purposes of a background
study by the Department of Human Services under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board as required
under section 122A.18, subdivision 8;
new text end
new text begin
(2) an expunged record of conviction does not restore the right to ship, transport, possess,
or receive a firearm, but the person may seek a relief of disability under United States Code,
title 18, section 925, or restoration of the ability to possess firearms under section 609.165,
subdivision 1d; and
new text end
new text begin
(3) the person can file a petition pursuant to section 609A.03 to expunge the record and
request that it be directed to the commissioner of human services and the Professional
Educator Licensing and Standards Board.
new text end
new text begin Subd. 5. new text end
new text begin
Bureau of Criminal Apprehension to identify eligible persons and grant
expungement relief.
new text end
new text begin
(a) The Bureau of Criminal Apprehension shall identify adjudications
and convictions that qualify for a grant of expungement relief pursuant to this subdivision
or subdivision 1, 2, or 3.
new text end
new text begin
(b) In making the determination under paragraph (a), the Bureau of Criminal
Apprehension shall identify individuals who are the subject of relevant records through the
use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where
fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall
identify individuals through the use of the person's name and date of birth. Records containing
the same name and date of birth shall be presumed to refer to the same individual unless
other evidence establishes, by a preponderance of the evidence, that they do not refer to the
same individual. The Bureau of Criminal Apprehension is not required to review any other
evidence in making its determination.
new text end
new text begin
(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal the bureau's records without requiring an application, petition, or motion.
Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to
paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional
information establishes that the records are not eligible for expungement.
new text end
new text begin
(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension
and subject to a grant of expungement relief shall display a notation stating "expungement
relief granted pursuant to section 609A.015."
new text end
new text begin
(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases
for which expungement relief was granted pursuant to this section. Notification may be
through electronic means and may be made in real time or in the form of a monthly report.
Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for any case in which
expungement relief was granted and shall issue any order deemed necessary to achieve this
purpose.
new text end
new text begin
(f) Unless an order issued under paragraph (e) notifies the law enforcement agency that
made the arrest or issued the citation, the Bureau of Criminal Apprehension shall inform
each arresting or citing law enforcement agency whose records are affected by the grant of
expungement relief that expungement has been granted. Notification shall be made at the
time and under the conditions described in paragraph (c), except that notice may be sent in
real time or in the form of a monthly report sent no more than 30 days after the expiration
of the deadline established in paragraph (c). Notification may be through electronic means.
Each notified law enforcement agency shall seal all records relating to an arrest, indictment
or information, trial, verdict, or dismissal and discharge for any case in which expungement
relief was granted.
new text end
new text begin
(g) Data on the person whose offense has been expunged under this subdivision, including
any notice sent pursuant to paragraph (f), are private data on individuals as defined in section
13.02, subdivision 12.
new text end
new text begin
(h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic
expungement under this section in the manner provided in section 611A.03, subdivisions
1 and 2.
new text end
new text begin
(i) In any subsequent prosecution of a person granted expungement relief, the expunged
criminal record may be pleaded and has the same effect as if the relief had not been granted.
new text end
new text begin
(j) The Bureau of Criminal Apprehension is directed to develop, modify, or update a
system to provide criminal justice agencies with uniform statewide access to criminal records
sealed by expungement.
new text end
new text begin
(k) A grant of expungement under this section does not entitle a person to ship, transport,
possess, or receive a firearm. A person whose conviction is expunged under this section
may seek a relief of disability under United States Code, title 18, section 925, or restoration
of the ability to possess firearms under section 609.165, subdivision 1d.
new text end
new text begin Subd. 6. new text end
new text begin Immunity from civil liability. new text end
new text begin
Employees of the Bureau of Criminal
Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or
the decision to exercise or the decision to decline to exercise, the powers granted by this
section or for any act or omission occurring within the scope of the performance of their
duties under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, and applies to offenses
that meet the eligibility criteria on or after that date and retroactively to offenses that met
those qualifications before January 1, 2024, and are stored in the Bureau of Criminal
Apprehension's criminal history system as of January 1, 2024.
new text end
Sec. 24.
Minnesota Statutes 2020, section 609A.03, subdivision 5, is amended to read:
Subd. 5.
Nature of remedy; standard.
(a) Except as otherwise provided by paragraph
(b), expungement of a criminal record new text begin under this section new text end is an extraordinary remedy to be
granted only upon clear and convincing evidence that it would yield a benefit to the petitioner
commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an
expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for
the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause
(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the petitioner of not
sealing the record.
(c) In making a determination under this subdivision, the court shall consider:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the
petitioner's level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner's attempts to obtain
employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections
officials;
(10) the recommendations of victims or whether victims of the underlying crime were
minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
toward payment, and the measures in place to help ensure completion of restitution payment
after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court
issues an expungement order it may require that the criminal record be sealed, the existence
of the record not be revealed, and the record not be opened except as required under
subdivision 7. Records must not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee, former employee,
or tenant that has been expunged before the occurrence of the act giving rise to the civil
action may not be introduced as evidence in a civil action against a private employer or
landlord or its employees or agents that is based on the conduct of the employee, former
employee, or tenant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 25.
Minnesota Statutes 2021 Supplement, section 609A.03, subdivision 7a, is amended
to read:
Subd. 7a.
Limitations of order effective January 1, 2015, and later.
(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human services;
(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board; deleted text begin and
deleted text end
(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the courtdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(7) a prosecutor may request and the district court shall provide certified records of
conviction for a record expunged pursuant to sections 609A.015, 609A.02, and 609A.025,
and the certified records of conviction may be disclosed and introduced in criminal court
proceedings as provided by the rules of court and applicable law; and
new text end
new text begin
(8) the subject of an expunged record may request and the court shall provide certified
or uncertified records of conviction for a record expunged pursuant to sections 609A.015,
609A.02, and 609A.025.
new text end
(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services or the
Professional Educator Licensing and Standards Board of the existence of a sealed record
and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the
agency or jurisdiction subject to the expungement order shall provide access to the record
to the commissioner of human services or the Professional Educator Licensing and Standards
Board under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.
(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015new text begin , and grants of expungement relief issued on or after January 1,
2024new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 26.
Minnesota Statutes 2020, section 609A.03, subdivision 9, is amended to read:
Subd. 9.
Stay of order; appeal.
An expungement order new text begin issued under this section new text end shall
be stayed automatically for 60 days after the order is filed and, if the order is appealed,
during the appeal period. A person or an agency or jurisdiction whose records would be
affected by the order may appeal the order within 60 days of service of notice of filing of
the order. An agency or jurisdiction or its officials or employees need not file a cost bond
or supersedeas bond in order to further stay the proceedings or file an appeal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 27.
Minnesota Statutes 2020, section 611A.03, subdivision 1, is amended to read:
Subdivision 1.
Plea agreements; notification of victim.
Prior to the entry of the factual
basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement recommendation, including the amount of time
recommended for the defendant to serve in jail or prison if the court accepts the agreement;
deleted text begin and
deleted text end
(2) the right to be present at the sentencing hearing and at the hearing during which the
plea is presented to the court and to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition. If the victim is not present when
the court considers the recommendation, but has communicated objections to the prosecuting
attorney, the prosecuting attorney shall make these objections known to the courtdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, and applies to plea
agreements entered into on or after that date.
new text end
Sec. 28.
Minnesota Statutes 2020, section 638.01, is amended to read:
638.01 BOARD OF PARDONSdeleted text begin ; HOW CONSTITUTED; POWERSdeleted text end .
The Board of Pardons shall consist of the governor, the chief justice of the supreme
court, and the attorney general. Thenew text begin governor, in conjunction with thenew text end boardnew text begin ,new text end may grant
pardons deleted text begin and reprievesdeleted text end and commute the sentence of any person convicted of any offense
deleted text begin againstdeleted text end new text begin undernew text end the laws of deleted text begin thedeleted text end new text begin thisnew text end state, in the manner and under the conditions deleted text begin and rules
hereinafterdeleted text end prescribeddeleted text begin , but not otherwisedeleted text end new text begin in this chapternew text end .new text begin A majority vote of the board is
required for pardons and commutations with the governor in that majority.
new text end
Sec. 29.
new text begin
[638.09] CLEMENCY REVIEW COMMISSION.
new text end
new text begin
(a) Notwithstanding the provisions of chapter 15, the Clemency Review Commission
is established to review applications for pardons or commutations before they are considered
by the Board of Pardons. By majority vote, the commission shall make a recommendation
on each eligible application as to whether it should be granted or denied. The commission
shall provide its recommendations to the board with the vote of each commission member
reported in writing.
new text end
new text begin
(b) The commission shall consist of nine members, each serving a four-year term. The
governor, the attorney general, and the chief justice of the supreme court shall each appoint
three members and replace members upon expiration of the members' terms. In the event
of a vacancy, the board member who selected the previous incumbent shall make an interim
appointment to expire at the end of the prior incumbent's four-year term. A person may
serve no more than two terms on the commission, excluding interim appointments.
new text end
new text begin
(c) The commission shall biennially elect one of its members as chair and one as
vice-chair. The chair of the commission shall serve as secretary of the board.
new text end
new text begin
(d) Each member of the commission shall be compensated at the rate of $55 for each
day or part thereof spent on commission activities. Each member shall be reimbursed for
all reasonable expenses actually paid or incurred by that member in the performance of
official duties.
new text end
new text begin
(e) The commission may obtain office space and supplies and hire administrative staff
to carry out the commission's official functions.
new text end
new text begin
(f) At least six members of the commission shall constitute a quorum for official
administrative business.
new text end
Sec. 30.
new text begin
[638.10] PARDONS AND COMMUTATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Pardons and commutations. new text end
new text begin
(a) The Board of Pardons may pardon a
criminal conviction imposed under the laws of this state or commute a criminal sentence
imposed by a court of this state to time served or a lesser sentence. Every pardon or
commutation shall be in writing and shall have no force or effect unless granted by a majority
vote of the board with the governor in that majority. Every conditional pardon shall state
the terms and conditions upon which it was granted and every commutation shall specify
the terms of the commuted sentence.
new text end
new text begin
(b) When granted, a pardon has the effect of setting aside the conviction and purging
the conviction from the person's record. The person then is not required to disclose the
conviction at any time or place other than in a judicial proceeding or as part of the licensing
process for peace officers.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility for a pardon. new text end
new text begin
(a) Any person convicted of a crime in any court of
this state may apply for a pardon of the person's conviction on or after five years from the
date of the expiration of the person's sentence or the date of the person's discharge. Upon
a showing of unusual circumstances and special need, the board may waive the required
waiting period by a majority vote with the governor in that majority.
new text end
new text begin
(b) The Clemency Review Commission shall review all requests for a waiver of the
waiting period and make recommendations by majority vote to the board. Consideration of
requests to waive the waiting period are exempt from the meeting requirements of this
chapter.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility for a commutation. new text end
new text begin
(a) Any person may apply for a commutation
of an unexpired criminal sentence imposed by a court of this state, including those confined
in a correctional facility or on probation, parole, supervised release, or conditional release.
An application for commutation may not be filed until the date that the person has served
at least one-half of the sentence imposed or on or after five years from the date of the
conviction, whichever is less. Upon a showing of unusual circumstances and special need,
the board may waive the required waiting period by a majority vote with the governor in
that majority.
new text end
new text begin
(b) The commission shall review all requests for a waiver of the waiting period and
make recommendations by majority vote to the board. Consideration of requests to waive
the waiting period are exempt from the meeting requirements of this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Filing of a pardon or commutation. new text end
new text begin
After granting a pardon or commutation,
the board shall file a copy of the pardon or commutation with the district court of the county
in which the conviction and sentence were imposed. In the case of a pardon, the court shall
order the conviction set aside, include a copy of the pardon in the court file, and send copies
of the order and the pardon to the Bureau of Criminal Apprehension. In the case of a
commutation, the court shall amend the sentence to reflect the specific relief granted by the
board, include a copy of the commutation in the court file, and send copies of the amended
sentencing order and commutation to the commissioner of corrections and the Bureau of
Criminal Apprehension.
new text end
new text begin Subd. 5. new text end
new text begin Reapplication. new text end
new text begin
(a) Once an application for a pardon or commutation has been
considered and denied on the merits, no subsequent application may be filed for five years
after the date of the most recent denial unless permission is granted from at least two board
members. A person may request permission to reapply prior to the expiration of the five-year
period based only on new and substantial information that was not and could not have been
previously considered by the board or the commission. If a request to reapply contains new
and substantial information, the commission shall review the request and make a
recommendation by majority vote to the board. Consideration of requests to reapply are
exempt from the meeting requirements under this chapter.
new text end
new text begin
(b) The denial or grant of an application for a commutation of sentence does not preclude
a person from later seeking a pardon of the criminal conviction once the eligibility
requirements of subdivision 2 have been satisfied.
new text end
Sec. 31.
new text begin
[638.11] APPLICATIONS.
new text end
new text begin
(a) Each application for a pardon or commutation shall be in writing, signed under oath
by the applicant, and contain a brief statement of the relief sought and the reasons why it
should be granted. The application shall also contain the following information and any
additional information that the commission or board requires:
new text end
new text begin
(1) the applicant's name, address, date of birth, place of birth, and every alias by which
the applicant is or has been known;
new text end
new text begin
(2) the name of the offense for which relief is requested, the date and county of
conviction, the sentence imposed, and the expiration or discharge date of the sentence;
new text end
new text begin
(3) the names of the sentencing judge, prosecuting attorney, and any victims of the
offense;
new text end
new text begin
(4) a brief description of the offense;
new text end
new text begin
(5) the date and outcome of any prior applications for a pardon or commutation;
new text end
new text begin
(6) a statement of other felony or gross misdemeanor convictions and any pending
criminal charges or investigations; and
new text end
new text begin
(7) a statement by the applicant consenting to the disclosure to the commission and the
board of any private data concerning the applicant contained in the application or in any
other record relating to the grounds on which the relief is sought, including conviction and
arrest records.
new text end
new text begin
(b) Applications shall be made on forms approved by the commission or the board and
shall be filed with the commission by the deadlines set by the commission or the board. The
commission shall review applications for completeness. Any application that is considered
incomplete shall be returned to the applicant who may then provide the missing information
and resubmit the application within a time period prescribed by the commission.
new text end
Sec. 32.
new text begin
[638.12] NOTIFICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Notice to victim. new text end
new text begin
After receiving an application for a pardon or
commutation, the Clemency Review Commission shall make all reasonable efforts to locate
any victim of the applicant's crime. At least 30 days before the date of the commission
meeting at which the application shall be heard, the commission shall notify any located
victim of the application, the time and place of the meeting, and the victim's right to attend
the meeting and submit an oral or written statement to the commission.
new text end
new text begin Subd. 2. new text end
new text begin Notice to sentencing judge and prosecuting attorney. new text end
new text begin
At least 30 days before
the date of the commission meeting at which the application shall be heard, the commission
shall notify the sentencing judge and prosecuting attorney or their successors of the
application and solicit the judge's and attorney's views on whether clemency should be
granted.
new text end
new text begin Subd. 3. new text end
new text begin Notice to applicant. new text end
new text begin
Following its initial investigation of an application for a
pardon or commutation, the commission shall notify the applicant of the scheduled date,
time, and location that the applicant shall appear before the commission for consideration.
new text end
Sec. 33.
new text begin
[638.13] MEETINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Commission meetings. new text end
new text begin
(a) The Clemency Review Commission shall
meet at least four times each year for one or more days each meeting to hear eligible
applications of pardons or commutations and make recommendations to the board on each
application. One or more of the meetings may be held at facilities operated by the Department
of Corrections. All commission meetings shall be open to the public as provided in chapter
13D.
new text end
new text begin
(b) Applicants for pardons or commutations must appear before the commission either
in person or through any available form of telecommunication. The victim of an applicant's
crime may appear and speak at the commission's meeting or submit a written statement to
the commission. The commission may treat a victim's statement as confidential and not
disclose the statement to the applicant or the public if there is or has been a recent order for
protection, restraining order, or other no contact order prohibiting the applicant from
contacting the victim. In addition, any law enforcement agency may appear and speak at
the meeting or submit a written statement to the commission, giving the agency's
recommendation on whether clemency should be granted or denied.
new text end
new text begin
(c) The commission must consider any statement provided by a victim or law enforcement
agency when making its recommendation on an application. Whenever possible, the
commission shall record its meetings by audio or audiovisual means. Any recordings and
statements from victims or law enforcement agencies shall be provided to the board along
with the commission's recommendations.
new text end
new text begin
(d) Not later than ten working days after the date of its decision, the commission shall
notify the applicant in writing of its decision to recommend a grant or denial of clemency
to the board.
new text end
new text begin Subd. 2. new text end
new text begin Board meetings. new text end
new text begin
(a) The board shall meet at least two times each year to
consider applications for pardons or commutations that have received a favorable
recommendation from the commission and any other applications that have received further
consideration from at least one board member. Whenever the commission recommends
denial of an application and the board does not disapprove or take other action with respect
to that recommendation, it shall be presumed that the board concurs with the adverse
recommendation and that the application has been considered and denied on the merits. All
board meetings shall be open to the public as provided in chapter 13D.
new text end
new text begin
(b) Applicants, victims, and law enforcement agencies may not submit oral or written
statements at a board meeting, unless the board requests additional testimony. The board
shall consider any statements provided to the commission when making a decision on an
application for a pardon or commutation.
new text end
new text begin
(c) The commission shall notify the applicant in writing of the board's decision to grant
or deny clemency not later than ten working days from the date of the board's decision.
new text end
Sec. 34.
new text begin
[638.14] GROUNDS FOR RECOMMENDING CLEMENCY.
new text end
new text begin Subdivision 1. new text end
new text begin Factors. new text end
new text begin
When making recommendations on applications for pardons or
commutations, the Clemency Review Commission shall consider any factors the commission
deems appropriate, including but not limited to:
new text end
new text begin
(1) the nature, seriousness, circumstances, and age of the applicant's offense;
new text end
new text begin
(2) the successful completion or revocation of previous probation, parole, supervised
release, or conditional release;
new text end
new text begin
(3) the number, nature, and circumstances of the applicant's other criminal convictions;
new text end
new text begin
(4) the extent to which the applicant has demonstrated rehabilitation through
postconviction conduct, character, and reputation;
new text end
new text begin
(5) the extent to which the applicant has accepted responsibility, demonstrated remorse,
and made restitution to victims;
new text end
new text begin
(6) whether the sentence is clearly excessive in light of the applicant's offense, criminal
history, and any sentence received by an accomplice, with due regard given to any plea
agreement, the sentencing judge's views, and the sentencing ranges established by law;
new text end
new text begin
(7) whether the applicant's age or medical status indicates that it is in the best interest
of society that the applicant receive clemency;
new text end
new text begin
(8) recommendations from victims, sentencing judges, and prosecuting attorneys;
new text end
new text begin
(9) the applicant's asserted need for a pardon or commutation, including family needs
and barriers to housing or employment created by the conviction; and
new text end
new text begin
(10) the amount of time already served by the applicant and the availability of other
forms of judicial or administrative relief.
new text end
new text begin Subd. 2. new text end
new text begin Denial recommendation. new text end
new text begin
The commission may recommend denial without a
hearing of an application for a commutation when the applicant is presently challenging the
conviction or sentence through court proceedings, has failed to exhaust all available state
court remedies for challenging the sentence, or the matter should first be considered by the
parole authority.
new text end
Sec. 35.
new text begin
[638.15] ACCESS TO RECORDS; ISSUANCE OF PROCESS.
new text end
new text begin Subdivision 1. new text end
new text begin Access to records. new text end
new text begin
Upon receipt of an application for a pardon or
commutation, the Board of Pardons or Clemency Review Commission may request and
obtain any relevant reports, data, and other information from a district court, law enforcement
agency, or state agency. The commission and board shall have access to sealed court records,
presentence investigation reports, police reports, criminal history reports, prison records,
and any other relevant information. District courts, law enforcement agencies, and state
agencies shall promptly respond to record requests from the commission and the board.
new text end
new text begin Subd. 2. new text end
new text begin Legal process. new text end
new text begin
The commission and the board may issue process requiring the
presence of any person before the commission or board and the production of papers, records,
and exhibits in any pending matter. When any person is summoned before the commission
or the board, the person may be allowed compensation for travel and attendance as the
commission or the board may deem reasonable.
new text end
Sec. 36.
new text begin
[638.16] RULES.
new text end
new text begin
The Board of Pardons and the Clemency Review Commission may adopt rules under
chapter 14 for the effective enforcement of their powers and duties.
new text end
Sec. 37.
new text begin
[638.17] RECORDS.
new text end
new text begin
The Clemency Review Commission shall keep a record of every application received,
its recommendation on each application, and the final disposition of each application by
the Board of Pardons. The records and files shall be kept by the commission and shall be
open to public inspection at all reasonable times, except for sealed court records, presentence
investigation reports, Social Security numbers, financial account numbers, driver's license
information, medical records, confidential Bureau of Criminal Apprehension records, and
confidential victim statements as provided in section 638.12.
new text end
Sec. 38.
new text begin
[638.18] REPORT TO LEGISLATURE.
new text end
new text begin
By February 15 of each year, the Clemency Review Commission shall submit a written
report to the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over public safety, corrections, and judiciary containing at a
minimum the following information:
new text end
new text begin
(1) the number of applications for pardons and commutations received by the commission
during the preceding calendar year;
new text end
new text begin
(2) the number of favorable and adverse recommendations made by the commission for
each category;
new text end
new text begin
(3) the number of applications granted and denied by the Board of Pardons for each
category; and
new text end
new text begin
(4) the crimes for which the applications were granted by the board, the year of each
conviction, and the age of the offender at the time of the offense.
new text end
Sec. 39.
Minnesota Statutes 2020, section 641.15, subdivision 2, is amended to read:
Subd. 2.
Medical aid.
Except as provided in section 466.101, the county board shall
pay the costs of medical services provided to prisoners pursuant to this section. The amount
paid by the county board for a medical service shall not exceed the maximum allowed
medical assistance payment rate for the service, as determined by the commissioner of
human services. In the absence of a health or medical insurance or health plan that has a
contractual obligation with the provider or the prisoner, medical providers shall charge no
higher than the rate negotiated between the county and the provider. In the absence of an
agreement between the county and the provider, the provider may not charge an amount
that exceeds the maximum allowed medical assistance payment rate for the service, as
determined by the commissioner of human services. The county is entitled to reimbursement
from the prisoner for payment of medical bills to the extent that the prisoner to whom the
medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum,
incur co-payment obligations for health care services provided by a county correctional
facility. The county board shall determine the co-payment amount. Notwithstanding any
law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held
by the county, to the extent possible. If there is a disagreement between the county and a
prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant
shall determine the extent, if any, of the prisoner's ability to pay for the medical services.
If a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
other plan. If the county providing the medical services for a prisoner that has coverage
under health or medical insurance or other plan, that county has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The county
does not have a right of subrogation against the medical assistance program.new text begin The county
shall not charge prisoners for phone calls to MNsure navigators, the Minnesota Warmline,
or a current mental health provider or calls for the purpose of providing case management
or mental health services as defined in section 245.462 to prisoners.
new text end
Sec. 40. new text begin TASK FORCE ON THE COLLECTION OF CHARGING AND RELATED
DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Task Force on the Collection of Charging and Related
Data is established to identify data that should be collected and analyzed to determine the
ways in which individuals are charged and prosecuted in Minnesota.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) the attorney general or a designee;
new text end
new text begin
(2) the chief justice of the supreme court or a designee;
new text end
new text begin
(3) the commissioner of corrections or a designee;
new text end
new text begin
(4) the state public defender or a designee;
new text end
new text begin
(5) the executive director of the Minnesota Sentencing Guidelines Commission;
new text end
new text begin
(6) one private criminal defense attorney appointed by the governor;
new text end
new text begin
(7) one probation, supervised release, or parole officer appointed by the governor;
new text end
new text begin
(8) one county attorney from within the metropolitan area as defined in Minnesota
Statutes, section 473.121, subdivision 2, appointed by the board of directors of the Minnesota
County Attorneys Association;
new text end
new text begin
(9) one county attorney from outside the metropolitan area as defined in Minnesota
Statutes, section 473.121, subdivision 2, appointed by the board of directors of the Minnesota
County Attorneys Association;
new text end
new text begin
(10) one assistant county attorney appointed by the board of directors of the Minnesota
County Attorneys Association;
new text end
new text begin
(11) one city attorney appointed by the governor;
new text end
new text begin
(12) one peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1,
paragraph (c), appointed by the governor; and
new text end
new text begin
(13) three public members appointed by the governor, one of whom shall be a victim of
a crime defined as a felony.
new text end
new text begin
(b) Members of the task force serve without compensation.
new text end
new text begin
(c) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The executive director of the Minnesota Sentencing Guidelines Commission shall
convene the first meeting of the task force no later than September 1, 2022.
new text end
new text begin
(c) The task force shall meet at least quarterly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin Subd. 4. new text end
new text begin Staff. new text end
new text begin
The Minnesota Sentencing Guidelines Commission shall provide meeting
space and administrative assistance as necessary for the task force to conduct its work.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
(a) The duties of the task force shall, at a minimum, include:
new text end
new text begin
(1) determining what data are generated when prosecutors make decisions on initial
criminal charges and amended criminal charges;
new text end
new text begin
(2) assessing what factors prosecutorial offices use to make decisions about what criminal
charges to bring, dismiss, or amend;
new text end
new text begin
(3) assessing what factors prosecutorial offices use to recommend or support referring
a defendant for pretrial services;
new text end
new text begin
(4) determining what additional information should be collected to accurately track and
inform decisions made by prosecutorial offices regarding bringing and amending criminal
charges and offering pretrial diversion;
new text end
new text begin
(5) determining what incident data is needed to increase consistency in charging decisions,
how that data should be collected, and what components a uniform data collection process
would contain;
new text end
new text begin
(6) reviewing the current practices of data collection and storage by law enforcement
agencies, what data should be collected and reported from law enforcement agencies, and
whether data from law enforcement agencies should be consistent with data collected from
prosecutorial offices;
new text end
new text begin
(7) examining how data could be best collected and reported, including whether the data
should be reported to a central location and, if so, what location;
new text end
new text begin
(8) assessing whether data should be collected regarding the specific reason for dismissing
cases, in cases where the highest charge is a gross misdemeanor or misdemeanor, and in
cases involving delinquency petitions;
new text end
new text begin
(9) estimating the costs associated with additional data collection and reporting, and
making recommendations about appropriate funding levels to support that collection; and
new text end
new text begin
(10) recommending methods of collecting and storing data that does not promote or
reward filing charges in cases that do not meet the appropriate standards.
new text end
new text begin
(b) At its discretion, the task force may examine other related issues consistent with this
section.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
By January 15, 2024, the task force shall report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy on the work of the task force. The report shall include
recommendations for legislative action, if needed.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The task force expires upon submission of the report required by
subdivision 6.
new text end
Sec. 41. new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER;
RETROACTIVE APPLICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
A person convicted of a violation of Minnesota Statutes, section
609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), committed by another
and who is in the custody of the commissioner of corrections or under court supervision is
entitled to petition to have the conviction vacated pursuant to this section. A person who is
not in the custody of the commissioner of corrections or under court supervision may petition
the Board of Pardons to grant a pardon extraordinary.
new text end
new text begin Subd. 2. new text end
new text begin Notification. new text end
new text begin
(a) By December 1, 2022, the commissioner of corrections shall
notify persons convicted for a violation of section 609.185, paragraph (a), clause (3), or
609.19, subdivision 2, clause (1), of the right to file a preliminary application for relief if:
new text end
new text begin
(1) the person was convicted for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), and did not actually cause the death of a human being or
intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with
the intent to cause the death of a human being; or
new text end
new text begin
(2) the person was convicted for a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), and did not actually cause the death of a human being or was not
a major participant in the underlying felony who acted with extreme indifference to human
life.
new text end
new text begin
(b) The notice shall include the address of Ramsey County District Court court
administration.
new text end
new text begin
(c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end
new text begin Subd. 3. new text end
new text begin Preliminary application. new text end
new text begin
(a) An applicant shall submit a preliminary application
to the Ramsey County District Court. The preliminary application must contain:
new text end
new text begin
(1) the applicant's name and, if different, the name under which the person was convicted;
new text end
new text begin
(2) the applicant's date of birth;
new text end
new text begin
(3) the district court case number of the case for which the person is seeking relief;
new text end
new text begin
(4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end
new text begin
(5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end
new text begin
(6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
to relief under this section from a conviction for the death of a human being caused by
another; and
new text end
new text begin
(7) the name and address of any attorney representing the applicant.
new text end
new text begin
(b)The preliminary application may contain:
new text end
new text begin
(1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end
new text begin
(2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end
new text begin
(c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end
new text begin
(d) A person seeking relief under this section must submit a preliminary application no
later than January 31, 2024. Submission is complete upon mailing.
new text end
new text begin
(e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end
new text begin Subd. 4. new text end
new text begin Review of preliminary application. new text end
new text begin
(a) Upon receipt of a preliminary
application, the court administrator of the Ramsey County District Court shall immediately
direct attention of the filing to the chief judge or judge acting in the chief judge's behalf
who shall promptly assign the matter to a judge in that district.
new text end
new text begin
(b) The judicial branch may appoint a special master to review preliminary applications,
and may assign additional staff as needed to assist in the review of preliminary applications.
new text end
new text begin
(c) The reviewing judge shall determine whether, in the discretion of that judge, there
is a reasonable probability that the applicant is entitled to relief under this section.
new text end
new text begin
(d) In making the determination under paragraph (c), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application,
and may consider relevant records in the possession of the judicial branch.
new text end
new text begin
(e) The court may summarily deny an application when the applicant is not in the custody
of the commissioner of corrections or under court supervision; was not convicted of a
violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19,
subdivision 2, clause (1), before August 1, 2022; the only issues raised in the application
are not relevant to the relief available under this section; or the applicant previously filed a
petition for relief under this section and the petition was denied pursuant to subdivision 5.
new text end
new text begin
(f) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. If
the applicant is without counsel, the reviewing judge shall send notice to the state public
defender and shall advise the applicant of the referral.
new text end
new text begin
(g) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any. The notice must contain a brief statement explaining the reasons the
reviewing judge concluded that there is not a reasonable probability that the applicant is
entitled to relief.
new text end
new text begin Subd. 5. new text end
new text begin Petition for relief; hearing. new text end
new text begin
(a) Unless extended for good cause, within 60
days of receipt of the notice sent under subdivision 4, paragraph (f), the individual seeking
relief shall file and serve a petition to vacate the conviction. The petition must be filed in
the district court of the judicial district in the county where the conviction took place and
must contain the information identified in subdivision 3, paragraph (a), and a statement of
why the petitioner is entitled to relief under this section. The petition may contain any other
relevant information, including police reports, trial transcripts, and plea transcripts involving
the petitioner or any other person investigated for, charged with, or convicted of a crime
arising out of the same set of circumstances for which the petitioner was convicted. The
filing of the petition and any document subsequent to the filing and all following proceedings
shall be without costs or fees charged to the petitioner.
new text end
new text begin
(b) Upon receipt of the petition, the prosecutor shall make a good faith and reasonable
effort to notify any person determined to be a victim of the underlying offense that a petition
has been filed.
new text end
new text begin
(c) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 45 days after the filing of the petition pursuant to paragraph
(a), unless extended for good cause. The response shall be filed with the court administrator
of district court and served on the petitioner if unrepresented or on the petitioner's attorney.
The response may serve notice of the intent to support the petition, or include a statement
explaining why the petitioner is not entitled to relief along with any supporting documents.
The filing of the response and any document subsequent to the filing and all following
proceedings shall be without costs or fees charged to the county attorney.
new text end
new text begin
(d) The petitioner may file a reply to the response filed by the county attorney within
15 days after the filing of the response, unless extended for good cause.
new text end
new text begin
(e) Within 30 days of receipt of the reply from the petitioner or, if no reply is filed,
within 30 days of receipt of the response from the county attorney, the court shall:
new text end
new text begin
(1) issue an order pursuant to subdivision 6 and schedule the matter for sentencing or
resentencing pursuant to subdivision 6, paragraph (e), if the county attorney indicates an
intent to support the petition;
new text end
new text begin
(2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section and a memorandum identifying the additional information or submissions and
explaining the reasons why the court concluded that there is not a reasonable probability
that the applicant is entitled to relief; or
new text end
new text begin
(3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end
new text begin
(f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
shall make a good faith and reasonable effort to notify any person determined to be a victim
of the hearing.
new text end
new text begin Subd. 6. new text end
new text begin Determination; order; resentencing. new text end
new text begin
(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.
new text end
new text begin
(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) was not a major participant in the underlying felony or did not act with extreme
indifference to human life.
new text end
new text begin
(c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If the court determines that the petitioner is entitled to
relief, the court shall issue an order vacating the conviction for a violation of Minnesota
Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1),
and either:
new text end
new text begin
(1) resentence the petitioner for the most serious remaining offense for which the
petitioner was convicted; or
new text end
new text begin
(2) enter a conviction and impose a sentence for the most serious predicate felony arising
out of the course of conduct that served as the factual basis for the conviction vacated by
the court.
new text end
new text begin
(d) The new sentence announced by the court under this section must be for the most
serious predicate felony unless the most serious remaining offense for which the petitioner
was convicted is that offense or a more serious offense.
new text end
new text begin
(e) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end
new text begin
(f) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's period of confinement or, if the petitioner was
serving a stayed sentence, increase the period of supervision. A person resentenced under
this paragraph is entitled to credit for time served in connection with the vacated offense.
new text end
new text begin
(g) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end
new text begin
(h) Appeals from an order of the court issued under this subdivision may be made
pursuant to Minnesota Statutes, section 590.06.
new text end
new text begin Subd. 7. new text end
new text begin Application for pardon. new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section
638.02, subdivision 2, a person convicted of a violation of Minnesota Statutes, section
609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), committed by another
and who is not in the custody of the commissioner of corrections or under court supervision
may petition the Board of Pardons for the granting of a pardon extraordinary at any time
after the sentence was discharged.
new text end
new text begin
(b) A petition for a pardon extraordinary filed under this section must show the following:
new text end
new text begin
(1) if the petitioner was convicted of a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), the petitioner:
new text end
new text begin
(i) did not cause the death of a human being; and
new text end
new text begin
(ii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
new text end
new text begin
(2) if the petitioner was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), the petitioner:
new text end
new text begin
(i) did not cause the death of a human being; and
new text end
new text begin
(ii) was not a major participant in the underlying felony or did not act with extreme
indifference to human life.
new text end
new text begin
(c) The Board of Pardons shall determine if a petitioner seeking relief under this section
meets the requirements of paragraph (b). The Board of Pardons may consider any relevant
evidence in making this determination.
new text end
new text begin
(d) The petition for a pardon extraordinary filed under this section is otherwise subject
to the requirements of Minnesota Statutes, chapter 638.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2022.
new text end
Sec. 42. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end
new text begin
(a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3,
4, and 5, are revived and reenacted on the effective date of this section to expand the focus
of the task force's duties and work beyond the intersection of felony murder and aiding and
abetting liability for felony murder to more generally apply to the broader issues regarding
the state's felony murder doctrine and aiding and abetting liability schemes discussed in
"Task Force on Aiding and Abetting Felony Murder," Report to the Minnesota Legislature,
dated February 1, 2022, "The Task Force's recommendations," number 4.
new text end
new text begin
(b) On or before January 15, 2023, the task force shall submit a report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
crime and sentencing on the findings and recommendations of the task force.
new text end
new text begin
(c) The task force expires January 16, 2023, or the day after submitting its report under
paragraph (b), whichever is earlier.
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. 43. new text begin STAFF TRANSITION TO CLASSIFIED SERVICE.
new text end
new text begin
On and after the effective date of this section, all positions of employment with the
Minnesota Sentencing Guidelines Commission in the unclassified service of the state, except
for the research director, shall be placed in the classified service without loss of compensation
or seniority. A person employed as of the effective date of this section in a position placed
in the classified service under this section shall not be required to complete a probationary
period if the employee was employed in the same position on January 1, 2022.
new text end
Sec. 44. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2020, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07;
638.075; and 638.08,
new text end
new text begin
are repealed.
new text end
ARTICLE 6
INTERSTATE COMPACTS
Section 1.
Minnesota Statutes 2020, section 243.1606, is amended to read:
243.1606 ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER
SUPERVISION.
Subdivision 1.
Membership.
The Advisory Council on Interstate Adult Offender
Supervision deleted text begin consistsdeleted text end new text begin shall be combined with the State Advisory Council for the Interstate
Compact for Juveniles established by section 260.515 and consistnew text end of the following individuals
or their designees:
(1) the governor;
(2) the chief justice of the supreme court;
(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;
(5) the compact administrator, selected as provided in section 243.1607;
new text begin
(6) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
new text end
deleted text begin (6)deleted text end new text begin (7)new text end the executive director of the Office of Justice Programs in the Department of
Public Safety; deleted text begin and
deleted text end
new text begin
(8) the deputy compact administrator as defined in section 260.515;
new text end
new text begin
(9) a representative from the State Public Defender's Office;
new text end
new text begin
(10) a representative from the Minnesota County Attorneys Association;
new text end
new text begin
(11) a representative from the Minnesota Sheriff's Association;
new text end
new text begin
(12) a representative from the Minnesota Association of County Probation Officers;
new text end
new text begin
(13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end
new text begin
(14) a representative from the community at large;
new text end
new text begin
(15) a representative from a community organization working with victims of crimes;
and
new text end
deleted text begin (7)deleted text end new text begin (16)new text end other members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
Subd. 2.
Duties.
The council shall oversee and administer the state's participation in deleted text begin the
compactdeleted text end new text begin both compactsnew text end described in deleted text begin sectiondeleted text end new text begin sectionsnew text end 243.1605new text begin and 260.515new text end . The council
shall appoint the compact administrator as the state's commissioner. In addition to these
duties, the council shall develop a model policy concerning the operations and procedures
of the compact within the state.
Subd. 3.
Annual report.
By March 1 of each year, the council shall report to the governor
and the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over criminal justice policy on its activities along with
providing a copy of the annual report published by the national commission that includes
the activities of the interstate commission and executive committee as described in section
243.1605 for the preceding year.new text begin The council's annual report must include information
required of the State Advisory Council for the Interstate Compact for Juveniles under section
260.515, Article IV.
new text end
Sec. 2.
Minnesota Statutes 2020, section 260.515, is amended to read:
260.515 INTERSTATE COMPACT FOR JUVENILES.
The Interstate Compact for Juveniles is enacted into law and entered into with all other
states legally joining in it in substantially the following form:
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible
for the proper supervision or return of juveniles, delinquents, and status offenders who are
on probation or parole and who have absconded, escaped, or run away from supervision
and control and in so doing have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible for the safe return of juveniles
who have run away from home and in doing so have left their state of residence. The
compacting states also recognize that Congress, by enacting the Crime Control Act, United
States Code, title 4, section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among
the compacting states to:
(A) ensure that the adjudicated juveniles and status offenders subject to this compact
are provided adequate supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;
(B) ensure that the public safety interests of the citizens, including the victims of juvenile
offenders, in both the sending and receiving states are adequately protected;
(C) return juveniles who have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state requesting their return;
(D) make contracts for the cooperative institutionalization in public facilities in member
states for delinquent youth needing special services;
(E) provide for the effective tracking and supervision of juveniles;
(F) equitably allocate the costs, benefits, and obligations of the compact states;
(G) establish procedures to manage the movement between states of juvenile offenders
released to the community under the jurisdiction of courts, juvenile departments, or any
other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
(H) insure immediate notice to jurisdictions where defined juvenile offenders are
authorized to travel or to relocate across state lines;
(I) establish procedures to resolve pending charges (detainers) against juvenile offenders
prior to transfer or release to the community under the terms of this compact;
(J) establish a system of uniform data collection on information pertaining to juveniles
subject to this compact that allows access by authorized juvenile justice and criminal justice
officials, and regular reporting of compact activities to heads of state; executive, judicial,
and legislative branches; and juvenile criminal justice administrators;
(K) monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;
(L) coordinate training and education regarding the regulation of interstate movement
of juveniles for officials involved in such activity; and
(M) coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision, and other compacts affecting juveniles particularly in those cases where
concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the information of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and observe their individual
and collective duties and responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this compact shall be reasonably
and liberally construed to accomplish the purpose and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Bylaws" means those bylaws established by the commission for its governance, or
for directing or controlling its actions or conduct.
B. "Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management
of the state's supervision and transfer of juveniles subject to the terms of this compact, the
rules adopted by the Interstate Commission, and policies adopted by the state council under
this compact.
C. "Compacting state" means any state which has enacted the enabling legislation for
this compact.
D. "Commissioner" means the voting representative of each compacting state appointed
pursuant to Article III of this compact.
E. "Court" means any court having jurisdiction over delinquent, neglected, or dependent
children.
F. "Deputy compact administrator" means the individual, if any, in each compacting
state appointed to act on behalf of a compact administrator pursuant to the terms of this
compact responsible for the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
Commission, and policies adopted by the state council under this compact.
G. "Interstate Commission" means the Interstate Commission for Juveniles created by
Article III of this compact.
H. "Juvenile" means any person defined as a juvenile in any member state or by the rules
of the Interstate Commission, including:
(1) accused delinquent - a person charged with an offense that, if committed by an adult,
would be a criminal offense;
(2) adjudicated delinquent - a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;
(3) accused status offender - a person charged with an offense that would not be a criminal
offense if committed by an adult;
(4) adjudicated status offender - a person found to have committed an offense that would
not be a criminal offense if committed by an adult; and
(5) nonoffender - a person in need of supervision who has not been accused or adjudicated
a status offender or delinquent.
I. "Noncompacting state" means any state which has not enacted the enabling legislation
for this compact.
J. "Probation" or "parole" means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.
K. "Rule" means a written statement by the Interstate Commission promulgated pursuant
to Article VI of this compact that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an organizational, procedural, or practice
requirement of the commission, and has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an existing rule.
L. "State" means a state of the United States, the District of Columbia (or its designee),
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Marianas.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission for Juveniles." The
commission shall be a body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the appropriate
appointing authority in each state pursuant to the rules and requirements of each compacting
state and in consultation with the State Advisory Council for Interstate Supervision of
Juvenile Offenders and Runaways created hereunder. The commissioner shall be the compact
administrator. The commissioner of corrections or the commissioner's designee shall serve
as the compact administrator, who shall serve on the Interstate Commission in such capacity
under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner members must include a
member of the national organizations of governors, legislators, state chief justices, attorneys
general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the
Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.
All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting)
members. The Interstate Commission may provide in its bylaws for such additional ex-officio
(nonvoting) members, including members of other national organizations, in such numbers
as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. The chair may call
additional meetings and, upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.
F. The Interstate Commission shall establish an executive committee, which shall include
commission officers, members, and others as determined by the bylaws. The executive
committee shall have the power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception of rulemaking and/or
amendment to the compact. The executive committee shall oversee the day-to-day activities
of the administration of the compact managed by an executive director and Interstate
Commission staff; administer enforcement and compliance with the provisions of the
compact, its bylaws, and rules; and perform such other duties as directed by the Interstate
Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power to cast a
vote to which that compacting state is entitled and to participate in the business and affairs
of the Interstate Commission. A member shall vote in person and shall not delegate a vote
to another compacting state. However, a commissioner, in consultation with the state council,
shall appoint another authorized representative, in the absence of the commissioner from
that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws
may provide for members' participation in meetings by telephone or other means of
telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The Interstate
Commission and any of its committees may close a meeting to the public where it determines
by two-thirds vote that an open meeting would be likely to:
1. relate solely to the Interstate Commission's internal personnel practices and procedures;
2. disclose matters specifically exempted from disclosure by statute;
3. disclose trade secrets or commercial or financial information which is privileged or
confidential;
4. involve accusing any person of a crime or formally censuring any person;
5. disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
6. disclose investigative records compiled for law enforcement purposes;
7. disclose information contained in or related to examination, operating or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect
to a regulated person or entity for the purpose of regulation or supervision of such person
or entity;
8. disclose information, the premature disclosure of which would significantly endanger
the stability of a regulated person or entity;
9. specifically relate to the Interstate Commission's issuance of a subpoena or its
participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the Interstate Commission's legal
counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed
to the public, and shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters discussed
in any meeting and shall provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views expressed on any item and
the record of any roll call vote (reflected in the vote of each member on the question). All
documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the interstate
movement of juveniles as directed through its rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements. Such
methods of data collection, exchange, and reporting shall insofar as is reasonably possible
conform to up-to-date technology and coordinate its information functions with the
appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to affect the purposes and obligations as enumerated in this
compact, which shall have the force and effect of statutory law and shall be binding in the
compact states to the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to
the terms of this compact and any bylaws adopted and rules promulgated by the Interstate
Commission.
4. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.
5. To establish and maintain offices which shall be located within one or more of the
compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary for the
carrying out of its functions including, but not limited to, an executive committee as required
by Article III, which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to
fix their compensation, define their duties, and determine their qualifications; and to establish
the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts
of interest, rates of compensation, and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of it.
11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.
13. To establish a budget, make expenditures, and levy dues as provided in Article VIII
of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the Interstate
Commission.
16. To perform such functions as may be necessary or appropriate to achieve the purposes
of this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been adopted by
the Interstate Commission.
18. To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.
19. To establish uniform standards of the reporting, collecting, and exchanging of data.
20. The Interstate Commission shall maintain its corporate books and records in
accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
Section A. Bylaws.
1. The Interstate Commission shall, by a majority of the members present and voting,
within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:
a. establishing the fiscal year of the Interstate Commission;
b. establishing an executive committee and such other committees as may be necessary;
c. provide: (i) for the establishment of committees, and (ii) governing any general or
specific delegation of any authority or function of the Interstate Commission;
d. providing reasonable procedures for calling and conducting meetings of the Interstate
Commission and ensuring reasonable notice of each such meeting;
e. establishing the titles and responsibilities of the officers of the Interstate Commission;
f. providing a mechanism for concluding the operations of the Interstate Commission
and the return of any surplus funds that may exist upon the termination of the compact after
the payment and/or reserving of all of its debts and obligations;
g. providing "start-up" rules for initial administration of the compact;
h. establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
Section B. Officers and staff.
1. The Interstate Commission shall, by a majority of the members, elect annually from
among its members a chair and a vice-chair, each of whom shall have such authority and
duties as may be specified in the bylaws. The chair or, in the chair's absence or disability,
the vice-chair shall preside at all meetings of the Interstate Commission. The officers so
elected shall serve without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budget funds, the officers shall be reimbursed
for any ordinary and necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appoint or retain
an executive director for such period, upon such terms and conditions, and for such
compensation as the Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, but shall not be a member and shall
hire and supervise such other staff as may be authorized by the Interstate Commission.
Section C. Qualified immunity, defense, and indemnification.
1. The commission's executive director and employees shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability caused or arising out of or relating to
any actual or alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred within the scope of commission employment, duties,
or responsibilities; provided, that any such person shall not be protected from suit or liability
for any damage, loss, injury, or liability caused by the intentional or willful and wanton
misconduct of any such person.
2. The liability of any commissioner, or the employee or agent of a commissioner, acting
within the scope of such person's employment or duties for acts, errors, or omissions
occurring within such person's state may not exceed the limits of liability set forth under
the Constitution and laws of that state for state officials, employees, and agents. Nothing
in this subsection shall be construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct
of any such person.
3. The Interstate Commission shall defend the executive director or the employees or
representatives of the Interstate Commission and, subject to the approval of the attorney
general of the state represented by any commissioner of a compacting state, shall defend
such commissioner or the commissioner's representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant has a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold the commissioner of a compacting
state, or the commissioner's representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any settlement or judgment obtained
against such persons arising out of any actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or responsibilities, or that
such persons had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional or willful and wanton misconduct on the
part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
1. The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.
2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the
principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 15, page 1 (2000), or such other administrative procedures act, as the
Interstate Commission deems appropriate consistent with due process requirements under
the United States Constitution as now or hereafter interpreted by the United States Supreme
Court. All rules and amendments shall become binding as of the date specified, as published
with the final version of the rule as approved by the commission.
3. When promulgating a rule, the Interstate Commission shall, at a minimum:
a. publish the proposed rule's entire text stating the reasons for that proposed rule;
b. allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record, and be made publicly available;
c. provide an opportunity for an informal hearing if petitioned by ten or more persons;
and
d. promulgate a final rule and its effective date, if appropriate, based on input from state
or local officials, or interested parties.
4. The Interstate Commission shall allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United States District Court for
the District of Columbia or in the federal District Court where the Interstate Commission's
principal office is located for judicial review of such rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence
is substantial if it would be considered substantial evidence under the Model (State)
Administrative Procedures Act.
5. If a majority of the legislatures of the compacting states rejects a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the compact,
cause that such rule shall have no further force and effect in any compacting state.
6. The existing rules governing the operation of the Interstate Compact on Juveniles
superceded by this act shall be null and void 12 months after the first meeting of the Interstate
Commission created hereunder.
7. Upon determination by the Interstate Commission that a state of emergency exists, it
may promulgate an emergency rule which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight.
1. The Interstate Commission shall oversee the administration and operations of the
interstate movement of juveniles subject to this compact in the compacting states and shall
monitor such activities being administered in noncompacting states which may significantly
affect compacting states.
2. The courts and executive agencies in each compacting state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate the compact's purposes
and intent. The provisions of this compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions, and departments of the state
government as evidence of the authorized statute and administrative rules. All courts shall
take judicial notice of the compact and the rules. In any judicial or administrative proceeding
in a compacting state pertaining to the subject matter of this compact which may affect the
powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to
receive all service of process in any such proceeding, and shall have standing to intervene
in the proceeding for all purposes.
3. The compact administrator shall assess and collect fines, fees, and costs from any
state or local entity deemed responsible by the compact administrator for a default as
determined by the Interstate Commission under Article XI.
Section B. Dispute resolution.
1. The compacting states shall report to the Interstate Commission on all issues and
activities necessary for the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of a compacting state, to
resolve any disputes or other issues which are subject to the compact and which may arise
among compacting states and between compacting and noncompacting states. The
commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact using any or all means set forth in Article XI of
this compact.
ARTICLE VIII
FINANCE
1. The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Interstate Commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the Interstate
Commission, taking into consideration the population of each compacting state and the
volume of interstate movement of juveniles in each compacting state, and shall promulgate
a rule binding upon all compacting states which governs said assessment.
3. The Interstate Commission shall not incur any obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the compacting states, except by and with the authority of the compacting state.
4. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.
5. Minnesota's annual assessment shall not exceed $30,000. The Interstate Compact for
Juveniles fund is established as a special fund in the Department of Corrections. The fund
consists of money appropriated for the purpose of meeting financial obligations imposed
on the state as a result of Minnesota's participation in this compact. An assessment levied
or any other financial obligation imposed under this compact is effective against the state
only to the extent that money to pay the assessment or meet the financial obligation has
been appropriated and deposited in the fund established in this paragraph.
ARTICLE IX
THE STATE ADVISORY COUNCIL
Each member state shall create a State Advisory Council for the Interstate Compact for
Juveniles. The Advisory Council on the Interstate Compact for Juveniles deleted text begin consistsdeleted text end new text begin shall be
combined with the Advisory Council on Interstate Adult Offender Supervision established
by section 243.1606 and consistnew text end of the following individuals or their designees:
(1) the governor;
(2) the chief justice of the Supreme Court;
(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;
(5) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
(6) the compact administrator, selected as provided in Article III;
(7) the executive director of the Office of Justice Programs or designee;
(8) the deputy compact administrator; deleted text begin and
deleted text end
new text begin
(9) a representative from the State Public Defender's Office;
new text end
new text begin
(10) a representative from the Minnesota County Attorneys Association;
new text end
new text begin
(11) a representative from the Minnesota Sheriffs' Association;
new text end
new text begin
(12) a representative from the Minnesota Association of County Probation Officers;
new text end
new text begin
(13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end
new text begin
(14) a representative from the community at large;
new text end
new text begin
(15) a representative from a community organization working with victims of crimes;
and
new text end
deleted text begin (9)deleted text end new text begin (16)new text end other members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
The council shall oversee and administer the state's participation in the compact as
described in Article III. The council shall appoint the compact administrator as the state's
commissioner.
The state advisory council will advise and exercise advocacy concerning that state's
participation in Interstate Commission activities and other duties as may be determined by
that state, including, but not limited to, development of policy concerning operations and
procedures of the compact within that state.
Expiration; expenses. The provisions of section 15.059 apply to the council except that
it does not expire.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE,
AND AMENDMENT
1. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas
Islands as defined in Article II of this compact is eligible to become a compacting state.
2. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 of the states. The initial effective date shall be the later
of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall
become effective and binding as to any other compacting state upon enactment of the
compact into law by that state. The governors of nonmember states or their designees shall
be invited to participate in the activities of the Interstate Commission on a nonvoting basis
prior to adoption of the compact by all states and territories of the United States.
3. The Interstate Commission may propose amendments to the compact for enactment
by the compacting states. No amendment shall become effective and binding upon the
Interstate Commission and the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT
Section A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each
and every compacting state; provided that a compacting state may withdraw from the
compact specifically repealing the statute, which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chair of the Interstate Commission
in writing upon the introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other compacting states of the withdrawing
state's intent to withdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any obligations, the performance
of which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.
Section B. Technical assistance, fines, suspension, termination, and default.
1. If the Interstate Commission determines that any compacting state has at any time
defaulted in the performance of any of its obligations or responsibilities under this compact,
or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all
of the following penalties:
a. remedial training and technical assistance as directed by the Interstate Commission;
b. alternative dispute resolution;
c. fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
Interstate Commission;
d. suspension or termination of membership in the compact, which shall be imposed
only after all other reasonable means of securing compliance under the bylaws and rules
have been exhausted and the Interstate Commission has therefore determined that the
offending state is in default. Immediate notice of suspension shall be given by the Interstate
Commission to the governor, the chief justice, or the chief judicial officer of the state; the
majority and minority leaders of the defaulting state's legislature; and the state council. The
grounds for default include, but are not limited to, failure of a compacting state to perform
such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly
promulgated rules and any other grounds designated in commission bylaws and rules. The
Interstate Commission shall immediately notify the defaulting state in writing of the penalty
imposed by the Interstate Commission and of the default pending a cure of the default. The
commission shall stipulate the conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to cure the default within the time
period specified by the commission, the defaulting state shall be terminated from the compact
upon an affirmative vote of a majority of the compacting states and all rights, privileges,
and benefits conferred by this compact shall be terminated from the effective date of
termination.
2. Within 60 days of the effective date of termination of a defaulting state, the commission
shall notify the governor, the chief justice or chief judicial officer, the majority and minority
leaders of the defaulting state's legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination including any obligations, the performance
of which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon in writing between the Interstate Commission and
the defaulting state.
5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the Interstate
Commission pursuant to the rules.
Section C. Judicial enforcement.
The Interstate Commission may, by majority vote of the members, initiate legal action
in the United States District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate Commission has its offices,
to enforce compliance with the provisions of the compact, its duly promulgated rules and
bylaws, against any compacting state in default. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.
Section D. Dissolution of compact.
1. The compact dissolves effective upon the date of the withdrawal or default of the
compacting state, which reduces membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
1. The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision is deemed unenforceable, the remaining provisions of this compact shall be
enforceable.
2. The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other laws.
1. Nothing herein prevents the enforcement of any other law of a compacting state that
is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions and other interstate compacts
conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the compacting state.
2. All agreements between the Interstate Commission and the compacting states are
binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding such meaning of interpretation.
4. In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
sought to be conferred by such provision upon the Interstate Commission shall be ineffective
and such obligations, duties, powers, or jurisdiction shall remain in the compacting state
and shall be exercised by the agency thereof to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact becomes effective.
ARTICLE 7
COMMUNITY SUPERVISION REFORM
Section 1.
Minnesota Statutes 2020, section 241.272, is amended to read:
241.272 FEE COLLECTIONnew text begin ; PROHIBITEDnew text end .
Subdivision 1.
Definition.
(a) As used in this section, the following terms have the
meanings given deleted text begin themdeleted text end .
(b) "Correctional fees" include fees for the following correctional services:
(1) deleted text begin community service work placement and supervision;
deleted text end
deleted text begin
(2) restitution collection;
deleted text end
deleted text begin (3)deleted text end supervision;
deleted text begin (4)deleted text end new text begin (2)new text end court-ordered investigations; or
deleted text begin (5)deleted text end new text begin (3)new text end any other service provided by a probation officer or parole agency for offenders
supervised by the commissioner of correctionsnew text begin , a local unit of government, or a community
corrections agencynew text end .
(c) "Probation" has the meaning given in section 609.02, subdivision 15.
(d) "Supervised release" has the meaning given in section 244.01, subdivision 7.
deleted text begin Subd. 2. deleted text end
deleted text begin Correctional fees established. deleted text end
deleted text begin
To defray costs associated with correctional
services, the commissioner of corrections may establish a schedule of correctional fees to
charge persons convicted of a crime and supervised by the commissioner. The correctional
fees on the schedule must be reasonably related to offenders' abilities to pay and the actual
cost of correctional services.
deleted text end
new text begin Subd. 2a. new text end
new text begin Prohibition. new text end
new text begin
The commissioner of corrections, local units of government, and
community corrections agencies are prohibited from assessing and collecting correctional
fees from persons on probation, parole, supervised release, or conditional release except as
otherwise provided in this section.
new text end
deleted text begin Subd. 3. deleted text end
deleted text begin Fee collection. deleted text end
deleted text begin
(a) The commissioner of corrections may impose and collect
fees from individuals on probation and supervised release at any time while the offender is
under sentence or after the sentence has been discharged.
deleted text end
deleted text begin
(b) The commissioner may use any available civil means of debt collection in collecting
a correctional fee.
deleted text end
deleted text begin Subd. 4. deleted text end
deleted text begin Exemption from fee. deleted text end
deleted text begin
The commissioner of corrections may waive payment
of the fee if the commissioner determines that the offender does not have the ability to pay
the fee, the prospects for payment are poor, or there are extenuating circumstances justifying
waiver of the fee. Instead of waiving the fee, the commissioner may require the offender to
perform community work service as a means of paying the fee.
deleted text end
deleted text begin Subd. 5. deleted text end
deleted text begin Restitution payment priority. deleted text end
deleted text begin
If an offender has been ordered by a court to
pay restitution, the offender shall be obligated to pay the restitution ordered before paying
deleted text end
deleted text begin
the correctional fee. However, if the offender is making reasonable payments to satisfy the
restitution obligation, the commissioner may also collect a correctional fee.
deleted text end
deleted text begin Subd. 6. deleted text end
deleted text begin Use of fees. deleted text end
deleted text begin
Excluding correctional fees collected from offenders supervised
by department agents under the authority of section 244.19, subdivision 1, paragraph (a),
clause (3), all correctional fees collected under this section go to the general fund. Fees
collected by agents under the authority of section 244.19, subdivision 1, paragraph (a),
clause (3), shall go to the county treasurer in the county where supervision is provided.
These fees may only be used in accordance with section 244.18, subdivision 6.
deleted text end
deleted text begin Subd. 7. deleted text end
deleted text begin Annual report. deleted text end
deleted text begin
Beginning January 15, 2001, the commissioner shall submit
an annual report on the implementation of this section to the chairs and ranking minority
members of the senate and house of representatives committees and divisions with jurisdiction
over criminal justice funding and policy. At a minimum, the report shall include information
on the types of correctional services for which fees were imposed, the aggregate amount of
fees imposed, and the amount of fees collected.
deleted text end
Subd. 8.
Sex offender treatment fee.
The commissioner of corrections may authorize
sex offender treatment providers to charge and collect treatment co-pays from all offenders
in their treatment program. The amount of treatment co-pay assessed to each offender is
based upon a fee schedule approved by the commissioner. Fees collected under this authority
are used by the treatment provider to fund the cost of treatment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2020, section 243.05, subdivision 1, is amended to read:
Subdivision 1.
Conditional release.
(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.
(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.
(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.
(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.
(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.
deleted text begin
(h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:
deleted text end
deleted text begin
(1) the condition of probation that has been violated;
deleted text end
deleted text begin
(2) the number of hours of community work service imposed for the violation; and
deleted text end
deleted text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end
deleted text begin
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end
deleted text begin
Community work service includes sentencing to service.
deleted text end
deleted text begin
(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient chemical dependency treatment. If a probation or parole agent
determines that community options are appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:
deleted text end
deleted text begin
(1) the specific nature of the technical violation of probation;
deleted text end
deleted text begin
(2) the recommended restructure to the terms of probation; and
deleted text end
deleted text begin
(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
deleted text end
deleted text begin
The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
offender's parole or probation is revoked, the offender's agent must first attempt to place
the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
offender" is a person who meets the criteria described under section 244.0513, subdivision
2, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
of probation or a condition of parole, except an allegation of a subsequent criminal act that
is alleged in a formal complaint, citation, or petition.
deleted text end
Sec. 3.
Minnesota Statutes 2020, section 244.05, subdivision 3, is amended to read:
Subd. 3.
Sanctions for violation.
If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:
(1) continue the inmate's supervised release term, with or without modifying or enlarging
the conditions imposed on the inmatenew text begin , or transferring the inmate's case to a specialized
caseloadnew text end ; or
(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period of time.
Prior to revoking deleted text begin a nonviolent controlled substancedeleted text end new text begin annew text end offender's supervised release
based on a technical violation, when the offender does not present a risk to the public deleted text begin and
the offender is amenable to continued supervision in the communitydeleted text end , the commissioner
must identify community options to address and correct the violation deleted text begin including, but not
limited to, inpatient chemical dependency treatmentdeleted text end . If the commissioner determines that
community options are appropriate, the commissioner shall restructure the inmate's terms
of release to incorporate those options. deleted text begin If a nonviolent controlled substance offender's
supervised release is revoked, the offender's agent must first attempt to place the offender
in a local jail.deleted text end For purposes of this subdivision, deleted text begin "nonviolent controlled substance offender"
is a person who meets the criteria described under section 244.0513, subdivision 2, clauses
deleted text end deleted text begin (1), (2), and (5), anddeleted text end "technical violation" means a violation of a condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.
The period of time for which a supervised release may be revoked may not exceed the
period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
and conditionally released under Minnesota Statutes 2004, section 609.108, subdivision 5,
the period of time for which conditional release may be revoked may not exceed the balance
of the conditional release term.
Sec. 4.
Minnesota Statutes 2020, section 244.19, subdivision 1, is amended to read:
Subdivision 1.
Appointment; joint services; state services.
(a) If a county or group of
counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall appoint
one or more persons of good character to serve as county probation officers during the
pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services to district courts in one of the following ways:
(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;
(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;
(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;
(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. Years of service in the county probation department are
to be given full credit for future sick leave and vacation accrual purposes;
(5) deleted text begin all probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve in the county or counties they are now servingdeleted text end new text begin if a county receiving probation services
under clause (3) decides to provide those services under clause (1) or (2), the probation
officers and other employees displaced by the changeover shall be employed by the county.
Years of service in the state are to be given full credit for future sick leave and vacation
accrual purposesnew text end .
new text begin
(b) A county or counties providing probation services under paragraph (a), clause (1)
or (2), is designated a CPO county for purposes of receiving a grant under chapter 401. A
county or counties receiving probation services under paragraph (a), clause (3), is not eligible
for a grant under chapter 401, and the commissioner of corrections is appropriated the
county's share of funding for the purpose of providing probation services, and authority to
seek reimbursement from the county under subdivision 5.
new text end
new text begin
(c) A county that requests the commissioner of corrections to provide probation services
under paragraph (a), clause (3), shall collaborate with the commissioner to develop a
comprehensive plan as described in section 401.06.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The commissioner of management and budget shall place employees transferred
to state service under paragraph (a), clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no loss in salary or accrued
vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits fall below the
maximum permitted by the state for the employee's position. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. For purposes
of computing seniority among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the employee had within that
county's probation office.
Sec. 5.
Minnesota Statutes 2020, section 244.19, subdivision 5, is amended to read:
Subd. 5.
Compensation.
deleted text begin In counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation officers as
may be approved by the county board, and in addition thereto shall be reimbursed for all
deleted text end deleted text begin necessary expenses incurred in the performance of their official duties.deleted text end In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, pay probation officers the salary and all benefits fixed
by the state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of correctionsnew text begin , excluding the cost and expense
of services provided under the state's obligation in section 244.20new text end . deleted text begin Total annual costs for
each county shall be that portion of the total costs and expenses for the services of one
probation officer represented by the ratio which the county's population bears to the total
population served by one officer. For the purposes of this section, the population of any
county shall be the most recent estimate made by the Department of Health.deleted text end At least every
six months the commissioner of corrections shall bill for the total cost and expenses incurred
by the commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deleted text begin deposited in the general funddeleted text end new text begin used to provide services for each county according
to their reimbursement amountnew text end . Objections by a county to all allocation of such cost and
expenses shall be presented to and determined by the commissioner of corrections. Each
county providing probation services under this section is hereby authorized to use unexpended
funds and to levy additional taxes for this purpose.
The county commissioners of any county of not more than 200,000 population shall,
when requested to do so by the juvenile judge, provide probation officers with suitable
offices, and may provide equipment, and secretarial help needed to render the required
services.
Sec. 6.
Minnesota Statutes 2020, section 244.195, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this subdivisionnew text begin and sections 244.196 to
244.1995new text end , the following terms have the meanings given them.
(b) "Commissioner" means the commissioner of corrections.
(c) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.
(d) "Court services director" means the director or designee of a county probation agency
that is not organized undernew text begin section 244.19 or an agency organized undernew text end chapter 401.
(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.
(f) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
new text begin
(g) "Probation agency" means the Department of Corrections field office or a probation
agency organized under section 244.19 or chapter 401.
new text end
new text begin
(h) "Probation officer" means a court services director, county probation officer, or any
other community supervision officer employed by the commissioner or by a probation
agency organized under section 244.19 or chapter 401.
new text end
deleted text begin (g)deleted text end new text begin (i)new text end "Release" means to release from actual custody.
Sec. 7.
Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Intermediate sanctions. new text end
new text begin
(a) Unless the district court directs otherwise, a
probation officer may require a person committed to the officer's care by the court to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the person's rehabilitation, or both. A probation officer may impose up to eight hours of
community work service for each violation and up to a total of 24 hours per person per
12-month period, beginning on the date on which community work service is first imposed.
The court services director or probation agency may authorize an additional 40 hours of
community work service, for a total of 64 hours per person per 12-month period, beginning
with the date on which community work service is first imposed. At the time community
work service is imposed, probation officers are required to provide written notice to the
person that states:
new text end
new text begin
(1) the condition of probation that has been violated;
new text end
new text begin
(2) the number of hours of community work service imposed for the violation; and
new text end
new text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
new text end
new text begin
(b) A person on supervision may challenge the imposition of community work service
by filing a petition in district court within five days of receiving written notice that
community work service is being imposed. If the person challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is reasonable under the
circumstances.
new text end
new text begin
(c) Community work service includes sentencing to service.
new text end
Sec. 8.
Minnesota Statutes 2020, section 244.195, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Contacts. new text end
new text begin
Supervision contacts may be conducted over video conference
technology at the discretion of the probation agent.
new text end
Sec. 9.
Minnesota Statutes 2020, section 244.20, is amended to read:
244.20 PROBATION SUPERVISION.
Notwithstanding sections 244.19, subdivision 1, and 609.135, subdivision 1, the
Department of Corrections shall have exclusive responsibility for providing probation
services for adult felons in counties that do not take part in the Community Corrections Act.
deleted text begin In counties that do not take part in the Community Corrections Act, the responsibility for
providing probation services for individuals convicted of gross misdemeanor offenses shall
be discharged according to local judicial policy.
deleted text end
Sec. 10.
Minnesota Statutes 2020, section 244.21, is amended to read:
244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION; REPORTS.
Subdivision 1.
Collection of information by probation service providers; report
required.
new text begin (a)new text end By January 1, 1998, probation service providers shall begin collecting and
maintaining information on offenders under supervision. The commissioner of corrections
shall specify the nature and extent of the information to be collected. By April 1 of every
year, each probation service provider shall report a summary of the information collected
to the commissionernew text begin as a condition of state grant funding under chapter 401new text end .
new text begin
(b) Beginning August 1, 2023, and each year thereafter, each entity required to submit
a report under paragraph (a) must include in their report the total number of days in the
previous fiscal year that offenders supervised by the entity had their probation or supervised
release revoked.
new text end
Subd. 2.
Commissioner of corrections report.
By January 15, deleted text begin 1998deleted text end new text begin 2023new text end , the
commissioner of corrections shall report to the chairs of the deleted text begin senate crime prevention and
house of representatives judiciarydeleted text end new text begin legislativenew text end committeesnew text begin with jurisdiction over public safety
and financenew text end on recommended methods of coordinating the exchange of information collected
on offenders under subdivision 1: (1) between probation service providers; and (2) between
probation service providers and the Department of Correctionsdeleted text begin , without requiring service
providers to acquire uniform computer softwaredeleted text end .
Sec. 11.
Minnesota Statutes 2020, section 401.01, is amended to read:
401.01 PURPOSE AND DEFINITION; ASSISTANCE GRANTS.
Subdivision 1.
Grants.
For the purpose of more effectively protecting society and to
promote efficiency and economy in the delivery of correctional services, the commissioner
is authorized to make grants to assist counties in the development, implementation, and
operation of community-based corrections programs including preventive or diversionary
correctional programs, conditional release programs, community corrections centers, and
facilities for the detention or confinement, care and treatment of persons convicted of crime
or adjudicated delinquent. deleted text begin The commissioner may authorize the use of a percentage of a
grant for the operation of an emergency shelter or make a separate grant for the rehabilitation
of a facility owned by the grantee and used as a shelter to bring the facility into compliance
with state and local laws pertaining to health, fire, and safety, and to provide security.
deleted text end
new text begin Subd. 1a. new text end
new text begin Credit for early discharge. new text end
new text begin
In calculating grants authorized under subdivision
1, the commissioner must not reduce the amount of a grant based on offenders being
discharged from community supervision prior to the sentence expiration date imposed by
the sentencing court.
new text end
Subd. 2.
Definitions.
(a) For the purposes of sections 401.01 to 401.16, the following
terms have the meanings given them.
(b) "CCA county" means a county that participates in the Community Corrections Act.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.
(e) "County probation officer" means a probation officer appointed under section 244.19.
(f) new text begin "CPO county" means a county that participates in funding under this act by providing
local corrections service for all juveniles and individuals on probation for misdemeanors,
pursuant to section 244.19, subdivision 1, paragraph (a), clause (1) or (2).
new text end
new text begin (g) new text end "Detain" means to take into actual custody, including custody within a local
correctional facility.
deleted text begin (g)deleted text end new text begin (h)new text end "Joint board" means the board provided in section 471.59.
deleted text begin (h)deleted text end new text begin (i)new text end "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
deleted text begin (i)deleted text end new text begin (j)new text end "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.
deleted text begin (j)deleted text end new text begin (k)new text end "Release" means to release from actual custody.
new text begin
(l) "Tribal government" means one of the federally recognized Tribes described in section
3.922.
new text end
Sec. 12.
Minnesota Statutes 2020, section 401.02, is amended to read:
401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.
Subdivision 1.
Qualification of countiesnew text begin or Tribal governmentsnew text end .
(a) One or more
countiesdeleted text begin , having an aggregate population of 30,000 or more persons,deleted text end new text begin or Tribal governmentsnew text end
may qualify for a grant as provided in section 401.01 by deleted text begin the enactment of appropriate
resolutions creating and establishing a corrections advisory board,deleted text end designating the officer
or agency to be responsible for administering grant funds, and providing for the preparation
of a comprehensive plan for the development, implementation and operation of the
correctional services described in deleted text begin sectiondeleted text end new text begin sectionsnew text end 401.01new text begin and 401.11new text end , including the
assumption of those correctional services, other than the operation of state facilities, presently
provided in such counties by the Department of Corrections, and providing for centralized
administration and control of those correctional services described in section 401.01.new text begin Counties
participating as a CCA county must also enact the appropriate resolutions creating and
establishing a corrections advisory board.
new text end
Where countiesnew text begin or Tribal governmentsnew text end combine as authorized in this section, they shall
comply with the provisions of section 471.59.
(b) A county that has participated in the Community Corrections Act for five or more
years is eligible to continue to participate in the Community Corrections Act.
new text begin
(c) If a county or Tribal government withdraws from the grant program as outlined in
subdivision 1 of this section and asks the commissioner of corrections, or the legislative
body or the state of Minnesota mandates the commissioner of corrections to furnish probation
services to the county, the probation officers and other employees displaced by the
changeover shall be employed by the commissioner of corrections. Years of service in the
county probation department are to be given full credit for future sick leave and vacation
accrual purposes.
new text end
Subd. 2.
Planning counties; advisory board members expenses.
To assist counties
which have complied with the provisions of subdivision 1 and require financial aid to defray
all or a part of the expenses incurred by corrections advisory board members in discharging
their official duties pursuant to section 401.08, the commissioner may designate counties
as "planning counties", and, upon receipt of resolutions by the governing boards of the
counties certifying the need for and inability to pay the expenses described in this subdivision,
advance to the counties an amount not to exceed five percent of the maximum quarterly
deleted text begin subsidydeleted text end new text begin grantnew text end for which the counties are eligible. The expenses described in this subdivision
shall be paid in the same manner and amount as for state employees.
Subd. 3.
Establishment and reorganization of administrative structure.
Any county
or group of counties which have qualified for participation in the deleted text begin community corrections
subsidydeleted text end new text begin grantnew text end program provided by this chapter may establish, organize, and reorganize an
administrative structure and provide for the budgeting, staffing, and operation of court
services and probation, construction or improvement to juvenile detention and juvenile
correctional facilities and adult detention and correctional facilities, and other activities
required to conform to the purposes of this chapter. No contrary general or special statute
divests any county or group of counties of the authority granted by this subdivision.
deleted text begin Subd. 5. deleted text end
deleted text begin Intermediate sanctions. deleted text end
deleted text begin
Unless the district court directs otherwise, county
probation officers may require a person committed to the officer's care by the court to
perform community work service for violating a condition of probation imposed by the
court. Community work service may be imposed for the purpose of protecting the public,
to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours
of community work service for each violation and up to a total of 24 hours per offender per
12-month period, beginning on the date on which community work service is first imposed.
The chief executive officer of a community corrections agency may authorize an additional
40 hours of community work service, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. At the
time community work service is imposed, probation officers are required to provide written
notice to the offender that states:
deleted text end
deleted text begin
(1) the condition of probation that has been violated;
deleted text end
deleted text begin
(2) the number of hours of community work service imposed for the violation; and
deleted text end
deleted text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end
deleted text begin
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end
deleted text begin
Community work service includes sentencing to service.
deleted text end
Sec. 13.
Minnesota Statutes 2020, section 401.04, is amended to read:
401.04 ACQUISITION OF PROPERTY; SELECTION OF ADMINISTRATIVE
STRUCTURE; EMPLOYEES.
Any county or group of counties electing to come within the provisions of sections
401.01 to 401.16 may (a) acquire by any lawful means, including purchase, lease or transfer
of custodial control, the lands, buildings and equipment necessary and incident to the
accomplishment of the purposes of sections 401.01 to 401.16, (b) determine and establish
the administrative structure best suited to the efficient administration and delivery of the
correctional services described in section 401.01, and (c) employ a director and other officers,
employees and agents as deemed necessary to carry out the provisions of sections 401.01
to 401.16. To the extent that participating counties shall assume and take over state and
local correctional services presently provided in counties, employment shall be given to
those state and local officers, employees and agents thus displaced; if hired by a county,
employment shall, to the extent possible and notwithstanding the provisions of any other
law or ordinance to the contrary, be deemed a transfer in grade with all of the benefits
enjoyed by such officer, employee or agent while in the service of the state or local
correctional service.
State or local employees displaced by county participation in the deleted text begin subsidydeleted text end new text begin grantnew text end program
provided by this chapter are on layoff status and, if not hired by a participating county as
provided herein, may exercise their rights under layoff procedures established by law or
union agreement whichever is applicable.
State or local officers and employees displaced by a county's participation in the
Community Corrections Act and hired by the participating county shall retain all fringe
benefits and recall from layoff benefits accrued by seniority and enjoyed by them while in
the service of the state.
Sec. 14.
Minnesota Statutes 2021 Supplement, section 401.06, is amended to read:
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.
No county or group of countiesnew text begin or Tribal government or group of Tribal governmentsnew text end
electing to provide correctional services pursuant to sections 401.01 to 401.16 shall be
eligible for the deleted text begin subsidydeleted text end new text begin grantnew text end herein provided unless and until its comprehensive plan shall
have been approved by the commissioner. The commissioner shall, pursuant to the
Administrative Procedure Act, promulgate rules establishing standards of eligibility fornew text begin
CCA and CPOnew text end countiesnew text begin and Tribal governmentsnew text end to receive deleted text begin fundsdeleted text end new text begin grantsnew text end under sections
401.01 to 401.16. To remain eligible for deleted text begin subsidydeleted text end new text begin grantsnew text end countiesnew text begin and Tribal governmentsnew text end
shall maintain substantial compliance with the minimum standards established pursuant to
sections 401.01 to 401.16 and the policies and procedures governing the services described
in section 401.025 as prescribed by the commissioner. Counties shall also be in substantial
compliance with other correctional operating standards permitted by law and established
by the commissioner and shall report statistics required by the commissioner including but
not limited to information on individuals convicted as an extended jurisdiction juvenile
identified in section 241.016, subdivision 1, paragraph (c). The commissioner shall review
annually the comprehensive plans submitted by participating countiesnew text begin and Tribal
governmentsnew text end , including the facilities and programs operated under the plans. The
commissioner is hereby authorized to enter upon any facility operated under the plan, and
inspect books and records, for purposes of recommending needed changes or improvements.new text begin
When the commissioner provides supervision to a county that elects not to provide the
supervision, the commissioner shall prepare a comprehensive plan for the county and shall
present it to the local county board of commissioners. The Department of Corrections shall
be subject to all the standards and requirements established in sections 401.01 to 401.16
and promulgated rules.
new text end
When the commissioner shall determine that there are reasonable grounds to believe
that a county or group of countiesnew text begin or Tribal government or group of Tribal governmentsnew text end is
not in substantial compliance with minimum standards, at least 30 days' notice shall be
given the county or countiesnew text begin or Tribal government or group of Tribal governmentsnew text end and a
hearing conducted by the commissioner to ascertain whether there is substantial compliance
or satisfactory progress being made toward compliance. The commissioner may suspend
all or a portion of any deleted text begin subsidydeleted text end new text begin grantnew text end until the required standard of operation has been met.
Sec. 15.
Minnesota Statutes 2020, section 401.09, is amended to read:
401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
Failure of a county or group of counties to elect to come within the provisions of sections
401.01 to 401.16 shall not affect their eligibility for any other statenew text begin grant ornew text end subsidy for
correctional purposes otherwise provided by law. Any comprehensive plan submitted
pursuant to sections 401.01 to 401.16 may include the purchase of selected correctional
services from the state by contract, including the temporary detention and confinement of
persons convicted of crime or adjudicated delinquent; confinement to be in an appropriate
state facility as otherwise provided by law. The commissioner shall annually determine the
costs of the purchase of services under this section and deduct them from the deleted text begin subsidydeleted text end new text begin grantnew text end
due and payable to the county or counties concerned; provided that no contract shall exceed
in cost the amount of deleted text begin subsidydeleted text end new text begin grantnew text end to which the participating county or counties are eligible.
Sec. 16.
Minnesota Statutes 2020, section 401.10, is amended to read:
401.10 COMMUNITY CORRECTIONS AID.
Subdivision 1.
deleted text begin Aid calculationsdeleted text end new text begin Funding formulanew text end .
deleted text begin
To determine the community
corrections aid amount to be paid to each participating county, the commissioner of
corrections must apply the following formula:
deleted text end
deleted text begin
(1) For each of the 87 counties in the state, a percent score must be calculated for each
of the following five factors:
deleted text end
deleted text begin
(i) percent of the total state population aged ten to 24 residing within the county according
to the most recent federal census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the state demographer;
deleted text end
deleted text begin
(ii) percent of the statewide total number of felony case filings occurring within the
county, as determined by the state court administrator;
deleted text end
deleted text begin
(iii) percent of the statewide total number of juvenile case filings occurring within the
county, as determined by the state court administrator;
deleted text end
deleted text begin
(iv) percent of the statewide total number of gross misdemeanor case filings occurring
within the county, as determined by the state court administrator; and
deleted text end
deleted text begin
(v) percent of the total statewide number of convicted felony offenders who did not
receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
deleted text end
deleted text begin
The percents in items (ii) to (v) must be calculated by combining the most recent
three-year period of available data. The percents in items (i) to (v) each must sum to 100
percent across the 87 counties.
deleted text end
deleted text begin
(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must
be weighted, summed, and divided by the sum of the weights to yield an average percent
for each county, referred to as the county's "composite need percent." When performing
this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The
composite need percent must sum to 100 percent across the 87 counties.
deleted text end
deleted text begin
(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for
cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax
capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the
87 counties.
deleted text end
deleted text begin
(4) For each of the 87 counties, the county's composite need percent must be divided by
the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base adjusted need percent."
deleted text end
deleted text begin
(5) For each of the 87 counties, the county's tax base adjusted need percent must be
added to twice the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
deleted text end
deleted text begin
(6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent
for participating counties."
deleted text end
deleted text begin
(7) Each participating county's weighted need percent must be divided by the total
weighted need percent for participating counties to yield the county's "share percent." The
share percents for participating counties must sum to 100 percent.
deleted text end
deleted text begin
(8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal
year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter,
no county's aid amount under this section may be less than its base funding amount, provided
that the total amount appropriated for this purpose is at least as much as the aggregate base
funding amount defined in clause (9).
deleted text end
deleted text begin
(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section chooses not to
participate in any given year, then the aggregate base funding amount must be reduced by
that county's base funding amount. If a county that did not participate under this section in
fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received
had it participated in fiscal year 1995 plus the estimated amount it would have received in
caseload or workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
deleted text end
deleted text begin
(10) In any given year, the total amount appropriated for this purpose first must be
allocated to participating counties in accordance with each county's base funding amount.
Then, any remaining amount in excess of the aggregate base funding amount must be
allocated to participating counties in proportion to each county's share percent, and is referred
to as the county's "formula amount."
deleted text end
deleted text begin
Each participating county's "community corrections aid amount" equals the sum of (i)
the county's base funding amount, and (ii) the county's formula amount.
deleted text end
deleted text begin
(11) However, if in any year the total amount appropriated for the purpose of this section
is less than the aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount multiplied by
(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
deleted text end
deleted text begin
For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
deleted text end
new text begin
(a) The state shall institute one funding formula for supervising people in the community.
For fiscal year 2023, the commissioner shall use the following formula to determine each
county and Tribal government grant and the department's funding for supervision in counties
or Tribal jurisdictions served by the department. Funding and allocations for intensive
supervised release are not included in the formula and regardless of the results of the formula,
in fiscal year 2023, the commissioner shall provide 50 percent funding to CPO counties as
previously required in section 244.19, subdivision 6. The following amounts shall be summed
to arrive at the total for a county, Tribal government, or the department:
new text end
new text begin
(1) $250,000;
new text end
new text begin
(2) ten percent of the total appropriation for community supervision and postrelease
services to the department for community supervision in fiscal year 2022 multiplied by the
county's or Tribe's percentage of the state's total population;
new text end
new text begin
(3) ten percent of the total appropriation to the department for community supervision
in fiscal year 2022 multiplied by the county's or Tribe's percentage of the state's total
geographic area;
new text end
new text begin
(4) the result of the following methodology:
new text end
new text begin
(i) use the county's felony supervision population as reflected in the most recent probation
survey by the department and analysis conducted in 2021 by an independent contractor;
new text end
new text begin
(ii) use the hours required to supervise the felony population based on 2,080 hours of
full-time equivalent officer time in one year; and
new text end
new text begin
(iii) assume a $100,000 cost for each full-time equivalent officer and multiply that
amount by the average full-time equivalent time for the county for one year; and
new text end
new text begin
(5) the department may prorate the total amount distributed in clauses (2), (3), and (4),
as necessary, so as to not exceed the total appropriation for fiscal year 2023.
new text end
new text begin
(b) For use in fiscal year 2024 and beyond, to replace the methodology in paragraph (a),
clause (4), the state shall implement a workload methodology developed by the Supervision
Standards Committee to calculate the average per diem costs of supervising people in
communities and accounting for people of different risk and need levels who are juveniles,
on probation for a misdemeanor, on probation for a gross misdemeanor, on probation for a
felony, on supervised or conditional release, or on intensive supervised release. The
Department of Corrections and the Supervision Standards Committee shall report the
methodology and the calculated fiscal impacts of the formula described in this paragraph
estimated for each of fiscal years 2024, 2025, 2026, and 2027 to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety finance
and policy, to the governor, and to the Department of Management and Budget by October
15, 2022, for consideration in biennial budget development under section 16A.10, subdivision
2. The department may prorate the total amount distributed in fiscal year 2024 and subsequent
years as necessary, so as to not exceed the total appropriation for that fiscal year.
new text end
new text begin
(c) The reimbursement formulas developed under paragraphs (a) and (b) must:
new text end
new text begin
(1) limit the weight of a misdemeanor case to no more than one-half of the weight
assigned to a felony case with a comparable risk level assessment for purposes of calculating
weighted caseloads; and
new text end
new text begin
(2) account for the absence of work performed in an entity's caseload that occurs when
offenders under the entity's supervision are reincarcerated. The formulas must reduce an
entity's current grant award by the amount of savings that would have been generated in
the prior year from supervision that was not performed because of offender reincarceration.
new text end
Subd. 2.
Transfer of funds.
Notwithstanding any law to the contrary, the commissioner
of corrections, after notifying the committees on finance of the senate and ways and means
of the house of representatives, may, at the end of any fiscal year, transfer any unobligated
fundsnew text begin , including funds available due the withdrawal of a county under section 401.16,new text end in
any appropriation to the Department of Corrections to the appropriation under sections
401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes
of sections 401.01 to 401.16.
Subd. 3.
Formula review.
deleted text begin
Prior to January 16, 2002, the committees with jurisdiction
over community corrections funding decisions in the house of representatives and the senate,
in consultation with the Department of Corrections and any interested county organizations,
deleted text end
deleted text begin
must review the formula in subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation.
deleted text end
new text begin
(a) For fiscal year 2024 and
subsequent fiscal years, the commissioner shall make a funding recommendation based
upon the following two components:
new text end
new text begin
(1) for the first component the following amounts shall be summed to arrive at the total
for a county, Tribal government, or the department:
new text end
new text begin
(i) $250,000;
new text end
new text begin
(ii) ten percent of the total appropriation to the department for community supervision
in the previous fiscal year multiplied by the county's percentage of the state's total population
according to 2020 census data; and
new text end
new text begin
(iii) ten percent of the total appropriation to the department for community supervision
in the previous fiscal year multiplied by the county's percentage of the state's total geographic
area as reflected in square miles; and
new text end
new text begin
(2) for the second component funding shall reflect the results of the workload study in
subdivision 1, paragraph (b).
new text end
new text begin
(b) Every six years the workload study shall be repeated and updated by the Department
of Corrections in consultation with the Community Supervision Advisory Board if
established.
new text end
new text begin
(c) For the purposes of the recommendations required under this section, every six years
the $250,000 base amount shall be adjusted to reflect the statewide average cost of 2.5
probation officer full-time equivalent employees.
new text end
Sec. 17.
Minnesota Statutes 2020, section 401.11, is amended to read:
401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.
new text begin Subdivision 1. new text end
new text begin Items. new text end
The comprehensive plan submitted to the commissioner for
approval shall include those items prescribed by rule of the commissioner, which may
require the inclusion of the following: (a) the manner in which presentence and postsentence
investigations and reports for the district courts and social history reports for the juvenile
courts will be made; (b) the manner in which conditional release services to the courts and
persons under jurisdiction of the commissioner of corrections will be provided; (c) a program
for the detention, supervision, and treatment of persons under pretrial detention or under
commitment; (d) delivery of other correctional services defined in section 401.01; (e)
proposals for new programs, which proposals must demonstrate a need for the program, its
purpose, objective, administrative structure, staffing pattern, staff training, financing,
evaluation process, degree of community involvement, client participation, and duration of
program.
new text begin Subd. 2. new text end
new text begin Review. new text end
In addition to the foregoing requirements made by this section, each
participatingnew text begin CCAnew text end county or group of counties shall develop and implement a procedure
for the review of grant applications made to the corrections advisory board and for the
manner in which corrections advisory board action will be taken on them. A description of
this procedure must be made available to members of the public upon request.
Sec. 18.
Minnesota Statutes 2020, section 401.12, is amended to read:
401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.
Participating counties shall not diminish their current level of spending for correctional
expenses as defined in section 401.01, to the extent of any deleted text begin subsidydeleted text end new text begin grantnew text end received pursuant
to sections 401.01 to 401.16; rather the deleted text begin subsidydeleted text end new text begin grantnew text end herein provided is for the expenditure
for correctional purposes in excess of those funds currently being expended. Should a
participating county be unable to expend the full amount of the deleted text begin subsidydeleted text end new text begin grantnew text end to which it
would be entitled in any one year under the provisions of sections 401.01 to 401.16, the
commissioner shall retain the surplus, subject to disbursement in the following year wherein
such county can demonstrate a need for and ability to expend same for the purposes provided
in section 401.01. If in any biennium the deleted text begin subsidydeleted text end new text begin grantnew text end is increased by an inflationary
adjustment which results in the county receiving more actual deleted text begin subsidydeleted text end new text begin grantnew text end than it did in
the previous calendar year, the county shall be eligible for that increase only if the current
level of spending is increased by a percentage equal to that increase within the same
biennium.
Sec. 19.
Minnesota Statutes 2020, section 401.14, subdivision 1, is amended to read:
Subdivision 1.
Payment.
Upon compliance by a county or group of counties with the
prerequisites for participation in the deleted text begin subsidydeleted text end new text begin grantnew text end prescribed by sections 401.01 to 401.16,
and approval of the comprehensive plan by the commissioner, the commissioner shall
determine whether funds exist for the payment of the deleted text begin subsidydeleted text end new text begin grantnew text end and proceed to pay same
in accordance with applicable rules.
Sec. 20.
Minnesota Statutes 2020, section 401.14, subdivision 3, is amended to read:
Subd. 3.
Installment payments.
The commissioner of corrections shall make payments
for community corrections services to each county in 12 installments per year. The
commissioner shall ensure that the pertinent payment of the allotment for each month is
made to each county on the first working day after the end of each month of the calendar
year, except for the last month of the calendar year. The commissioner shall ensure that
each county receives its payment of the allotment for that month no later than the last
working day of that month. deleted text begin The payment described in this subdivision for services rendered
during June 1985 shall be made on the first working day of July 1985.
deleted text end
Sec. 21.
Minnesota Statutes 2020, section 401.15, subdivision 2, is amended to read:
Subd. 2.
Ranking review.
The commissioner shall biennially review the ranking accorded
each county by the equalization formula provided in section 401.10 and compute the deleted text begin subsidydeleted text end new text begin
grantnew text end rate accordingly.
Sec. 22.
Minnesota Statutes 2020, section 401.16, is amended to read:
401.16 WITHDRAWAL FROM PROGRAM.
Any participating countynew text begin or Tribal governmentnew text end may, at the beginning of any calendar
quarter, by resolution of its board of commissionersnew text begin or Tribal government leadersnew text end , notify
the commissioner of its intention to withdraw from the deleted text begin subsidydeleted text end new text begin grantnew text end program established
by sections 401.01 to 401.16, and the withdrawal shall be effective the last day deleted text begin of the last
monthdeleted text end of thenew text begin thirdnew text end quarter deleted text begin indeleted text end new text begin afternew text end which the notice was given. deleted text begin Upon withdrawal, the
unexpended balance of moneys allocated to the county, or that amount necessary to reinstate
state correctional services displaced by that county's participation, including complement
positions, may, upon approval of the legislative advisory commission, be transferred to the
commissioner for the reinstatement of the displaced services and the payment of any other
correctional subsidies for which the withdrawing county had previously been eligible.
deleted text end
Sec. 23. new text begin SUPERVISION STANDARDS COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; members. new text end
new text begin
(a) The commissioner of corrections shall
establish a supervision standards committee to develop standards for probation, supervised
release, and community supervision. The committee consists of 13 members as follows:
new text end
new text begin
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
new text end
new text begin
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
new text end
new text begin
(3) two county commissioner representatives appointed by the Association of Minnesota
Counties;
new text end
new text begin
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
new text end
new text begin
(5) two representatives appointed by the Minnesota Indian Affairs Council;
new text end
new text begin
(6) the commissioner of corrections or a designee and one additional representative of
the department appointed by the commissioner; and
new text end
new text begin
(7) the chair of the statewide evidence-based practice advisory committee.
new text end
new text begin
(b) When an appointing authority selects an individual for membership on the committee,
the authority shall make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined in Minnesota Statutes, section 43A.02,
subdivision 33.
new text end
new text begin
(c) The commissioner shall convene the first meeting of the committee on or before July
15, 2022.
new text end
new text begin Subd. 2. new text end
new text begin Terms; removal; reimbursement. new text end
new text begin
(a) In the case of a vacancy on the
committee, the appointing authority shall appoint a person to fill the vacancy. The members
of the committee shall elect any officers and create any subcommittees necessary for the
efficient discharge of committee duties.
new text end
new text begin
(b) A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority.
new text end
new text begin
(c) A member of the committee shall be reimbursed for all reasonable expenses actually
paid or incurred by that member in the performance of official duties in the same manner
as other employees of the state. The public members of the committee shall be compensated
at the rate of $55 for each day or part thereof spent on committee activities.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The committee shall comply with the requirements of section 401.10.
new text end
new text begin
(b) By June 30, 2023, the committee shall provide written advice and recommendations
to the commissioner of corrections for creation of administrative rules and policy regarding
the following:
new text end
new text begin
(1) developing statewide supervision standards and definitions to be applied to community
supervision provided by CPO counties, CCA counties, and the Department of Corrections;
new text end
new text begin
(2) requiring community supervision agencies to use the same agreed-upon risk screener
and risk and needs assessment tools, as the main supervision assessment methods, or a
universal five-level matrix allowing for consistent supervision levels and that all tools in
use be validated on Minnesota's community supervision population and revalidated every
five years;
new text end
new text begin
(3) requiring the use of assessment-driven, formalized collaborative case planning to
focus case planning goals on identified criminogenic and behavioral health need areas for
moderate- and high-risk individuals;
new text end
new text begin
(4) limiting standard conditions required for all people on supervision across all
supervision systems and judicial districts, ensure that conditions of supervision are directly
related to the offense of the person on supervision, and tailor special conditions to people
on supervision identified as high risk and need;
new text end
new text begin
(5) providing gender-responsive, culturally appropriate services and trauma-informed
approaches;
new text end
new text begin
(6) developing a statewide incentives and sanctions grid to guide responses to client
behavior while under supervision to be reviewed and updated every five years to maintain
alignment with national best practices; and
new text end
new text begin
(7) developing performance indicators for supervision success as well as recidivism.
new text end
new text begin
(c) The committee shall explore the role of a permanent state Community Supervision
Advisory Board for the purposes of the required report in subdivision 6.
new text end
new text begin Subd. 4. new text end
new text begin Response. new text end
new text begin
Within 45 days of receiving the committee's recommendations, the
commissioner must respond in writing to the committee's advice and recommendations.
The commissioner's response must explain whether the agency will promulgate rules based
on the recommendations, the timeline for rulemaking, and an explanation of why the
commissioner will not or cannot include any individual recommendations of the committee
in the agency's promulgation of rules. The commissioner must also submit the advice and
recommendations of the committee and the commissioner's written response, to the
Governor's Council on Justice Reinvestment and to the chairs and ranking minority members
of the legislative committees with jurisdiction over public safety and finance at the same
time.
new text end
new text begin Subd. 5. new text end
new text begin Staff; meeting room; office equipment. new text end
new text begin
The commissioner shall provide the
committee with staff support, a meeting room, and access to office equipment and services.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
(a) On January 15, 2023, and January 15, 2024, the committee shall
submit a report to the chairs and ranking minority members of the legislative committees
with jurisdiction over public safety and finance and the Governor's Council on Justice
Reinvestment on progress regarding the development of standards and recommendations
under subdivision 3.
new text end
new text begin
(b) On January 15, 2025, the committee shall submit a final report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
and finance and the Governor's Council on Justice Reinvestment on the standards and
recommendations developed according to subdivision 3. The recommendations must include,
at a minimum, a proposed state-level Community Supervision Advisory Board with a
governance structure and duties for the board.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The committee expires the earlier of January 25, 2025, or the day
after the final report is submitted to the legislature and the Governor's Council on Justice
Reinvestment.
new text end
Sec. 24. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2020, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24;
244.30; and 401.025,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2020, sections 244.18; and 609.102, subdivisions 1, 2, and 2a,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective July 1, 2022. Paragraph (b) is effective
July 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: H4608-1
244.18 LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.
Subdivision 1.
Definition.
As used in this section, "local correctional fees" include fees for the following correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court ordered investigations;
(5) any other court ordered service;
(6) postprison supervision or other form of release; or
(7) supervision or other services provided to probationers or parolees under section 243.1605 to be provided by a local probation and parole agency established under section 244.19 or community corrections agency established under chapter 401.
Subd. 2.
Local correctional fees.
A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants' abilities to pay and the actual cost of correctional services.
Subd. 3.
Fee collection.
The chief executive officer of a local correctional agency may impose and collect local correctional fees. The local correctional agency may collect the fee at any time while the offender is under sentence or after the sentence has been discharged. A local probation and parole agency established under section 244.19 or community corrections agency established under section 401.02 may not impose a fee under this section if the offender is supervised by the commissioner of corrections and the commissioner of corrections imposes and collects a fee under section 241.272. The agency may use any available civil means of debt collection in collecting a local correctional fee.
Subd. 4.
Exemption from fee.
The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.
Subd. 5.
Restitution payment priority.
If a defendant has been ordered by a court to pay restitution, the defendant shall be obligated to pay the restitution ordered before paying the local correctional fee. However, if the defendant is making reasonable payments to satisfy the restitution obligation, the local correctional agency may also collect a local correctional fee.
Subd. 6.
Use of fees.
The local correctional fees shall be used by the local correctional agency to pay the costs of local correctional services. Local correctional fees may not be used to supplant existing local funding for local correctional services.
244.19 PROBATION OFFICERS.
Subd. 6.
Reimbursement of counties.
In order to reimburse the counties for the cost which they assume under this section of providing probation and parole services to wards of the commissioner of corrections and to aid the counties in achieving the purposes of this section, the commissioner of corrections shall annually, from funds appropriated for that purpose, pay 50 percent of the costs of probation officers' salaries to all counties of not more than 200,000 population. Nothing in this section will invalidate any payments to counties made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but only to the extent that fringe benefits do not exceed those provided for state civil service employees. On or before July 1 of each even-numbered year each county or group of counties which provide their own probation services to the district court under subdivision 1, clause (1) or (2), shall submit to the commissioner of corrections an estimate of its costs under this section. Reimbursement to those counties shall be made on the basis of the estimate or actual expenditures incurred, whichever is less. Reimbursement for those counties which obtain probation services from the commissioner of corrections pursuant to subdivision 1, clause (3), must be made on the basis of actual expenditures. Salary costs shall not be reimbursed unless county probation officers are paid salaries commensurate with the salaries paid to comparable positions in the classified service of the state civil service. The salary range to which each county probation officer is assigned shall be determined by the authority having power to appoint probation officers, and shall be based on the officer's length of service and performance. The appointing authority shall annually assign each county probation officer to a position on the salary scale commensurate with the officer's experience, tenure, and responsibilities. The judge shall file with the county auditor an order setting each county probation officer's salary. Time spent by a county probation officer as a court referee shall not qualify for reimbursement. Reimbursement shall be prorated if the appropriation is insufficient. A new position eligible for reimbursement under this section may not be added by a county without the written approval of the commissioner of corrections. When a new position is approved, the commissioner shall include the cost of the position in calculating each county's share.
Subd. 7.
Certificate of counties entitled to state aid.
On or before January 1 of each year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall deliver to the commissioner of management and budget a certificate in duplicate for each county of the state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the commissioner of management and budget shall issue a payment to the county treasurer for the amount shown by each certificate to be due to the county specified. The commissioner of management and budget shall transmit such payment to the county treasurer together with a copy of the certificate prepared by the commissioner of corrections.
Subd. 8.
Exception.
This section shall not apply to Ramsey County.
244.22 PROBATION SERVICE PROVIDERS; CASELOAD REDUCTION GRANT MONEY.
(a) The commissioner of corrections shall review the planned expenditures of probation service providers before allocating probation caseload reduction grants appropriated by the legislature. The review must determine whether the planned expenditures comply with applicable law.
(b) In counties where probation services are provided by both county and Department of Corrections employees, a collaborative plan addressing the local needs shall be developed. The commissioner of corrections shall specify the manner in which probation caseload reduction grant money shall be distributed between the providers according to the approved plan.
244.24 CLASSIFICATION SYSTEM FOR ADULT OFFENDERS.
By February 1, 1998, all probation agencies shall adopt written policies for classifying adult offenders. The commissioner of corrections shall assist probation agencies in locating organizations that may provide training and technical assistance to the agencies concerning methods to develop and implement effective, valid classification systems.
244.30 CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
(a) If the commissioner revokes the supervised release of a person whose release on the current offense has not previously been revoked, the commissioner may order the person to be incarcerated for no more than 90 days or until the expiration of the person's sentence, whichever is less.
(b) This section does not apply to offenders on supervised release for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
(c) The commissioner may order a person described in this section to be incarcerated for more than 90 days if the commissioner determines that substantial and compelling reasons exist to believe that the longer incarceration period is necessary to protect the public.
299A.49 DEFINITIONS.
Subd. 7.
Regional hazardous materials response team.
"Regional hazardous materials response team" means a team trained and equipped to respond to and mitigate a hazardous materials release. A regional hazardous materials response team may include strategically located chemical assessment teams.
401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND PRETRIAL RELEASEES.
Subdivision 1.
Peace officers and probation officers serving CCA counties.
(a) When it appears necessary to enforce discipline or to prevent a person on conditional release from escaping or absconding from supervision, the chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer in the state serving the district and juvenile courts to detain and bring the person before the court or the commissioner, whichever is appropriate, for disposition. This written order is sufficient authority for the peace officer or probation officer to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing a peace officer or probation officer serving the district and juvenile courts to release a person detained under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before the court or the commissioner. This written order is sufficient authority for the peace officer or probation officer to release the detained person.
(c) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any peace officer or any probation officer serving the district and juvenile courts to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release. A written order issued under this paragraph is sufficient authority for the peace officer or probation officer to detain the person.
Subd. 2.
Peace officers and probation officers in other counties and state correctional investigators.
(a) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a community corrections agency in a CCA county has the authority to issue a written order directing any state correctional investigator or any peace officer, probation officer, or county probation officer from another county to detain any person on court-ordered pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state correctional investigator, peace officer, probation officer, or county probation officer to detain the person.
Subd. 3.
Offenders under Department of Corrections commitment.
CCA counties shall comply with the policies prescribed by the commissioner when providing supervision and other correctional services to persons conditionally released pursuant to sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including intercounty transfer of persons on conditional release and the conduct of presentence investigations.
403.02 DEFINITIONS.
Subd. 17c.
911 telecommunicator.
"911 telecommunicator" means a person employed by a public safety answering point, an emergency medical dispatch service provider, or both, who is qualified to answer incoming emergency telephone calls or provide for the appropriate emergency response either directly or through communication with the appropriate public safety answering point.
609.102 LOCAL CORRECTIONAL FEES; IMPOSITION BY COURT.
Subdivision 1.
Definition.
As used in this section, "local correctional fee" means a fee for local correctional services established by a local correctional agency under section 244.18.
Subd. 2.
Imposition of fee.
When a court places a person convicted of a crime under the supervision and control of a local correctional agency, that agency may collect a local correctional fee based on the local correctional agency's fee schedule adopted under section 244.18.
Subd. 2a.
Imposition of correctional fee.
When a person convicted of a crime is supervised by the commissioner of corrections, the commissioner may collect a correctional fee under section 241.272.
609.281 DEFINITIONS.
Subd. 2.
Blackmail.
"Blackmail" means a threat to expose any fact or alleged fact tending to cause shame or to subject any person to hatred, contempt, or ridicule.
609.293 SODOMY.
Subdivision 1.
Definition.
"Sodomy" means carnally knowing any person by the anus or by or with the mouth.
Subd. 5.
Consensual acts.
Whoever, in cases not coming within the provisions of sections 609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another 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.
609.34 FORNICATION.
When any man and single woman have sexual intercourse with each other, each is guilty of fornication, which is a misdemeanor.
609.36 ADULTERY.
Subdivision 1.
Acts constituting.
When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and 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.
Subd. 2.
Limitations.
No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after one year from the commission of the offense.
Subd. 3.
Defense.
It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.
638.02 PARDONS.
Subdivision 1.
Absolute or conditional pardons; commutation of sentences.
The Board of Pardons may grant an absolute or a conditional pardon, but every conditional pardon shall state the terms and conditions on which it was granted. Every pardon or commutation of sentence shall be in writing and shall have no force or effect unless granted by a unanimous vote of the board duly convened.
Subd. 2.
Petition; pardon extraordinary.
Any person, convicted of a crime in any court of this state, who has served the sentence imposed by the court and has been discharged of the sentence either by order of court or by operation of law, may petition the Board of Pardons for the granting of a pardon extraordinary. Unless the Board of Pardons expressly provides otherwise in writing by unanimous vote, the application for a pardon extraordinary may not be filed until the applicable time period in clause (1) or (2) has elapsed:
(1) if the person was convicted of a crime of violence as defined in section 624.712, subdivision 5, ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime; and
(2) if the person was convicted of any crime not included within the definition of crime of violence under section 624.712, subdivision 5, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime.
If the Board of Pardons determines that the person is of good character and reputation, the board may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect of setting aside and nullifying the conviction and of purging the person of it, and the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.
The application for a pardon extraordinary, the proceedings to review an application, and the notice requirements are governed by the statutes and the rules of the board in respect to other proceedings before the board. The application shall contain any further information that the board may require.
Subd. 3.
Pardon extraordinary; filing; copies sent.
Upon granting a pardon extraordinary the Board of Pardons shall file a copy of it with the district court of the county in which the conviction occurred, and the court shall order the conviction set aside and include a copy of the pardon in the court file. The court shall send a copy of its order and the pardon to the Bureau of Criminal Apprehension.
Subd. 4.
Grandfather provision.
Any person granted a pardon extraordinary by the Board of Pardons prior to April 12, 1974 may apply to the district court of the county in which the conviction occurred for an order setting aside the conviction as set forth in subdivision 3.
Subd. 5.
Records.
The term "records" shall include but is not limited to all matters, files, documents and papers incident to the arrest, indictment, information, trial, appeal, dismissal and discharge, which relate to the conviction for which the pardon extraordinary has been granted.
638.03 WARRANT; RETURN.
The Board of Pardons may issue its warrant, under its seal, to any proper officers to carry into effect any pardon, commutation, or reprieve. As soon as may be after the execution of the warrant, the officer to whom it is directed shall make return thereof, under hand, with the doings thereon, to the governor. Such officer shall also file with the court administrator in which the offender was convicted an attested copy of the warrant and return, a brief abstract of which such court administrator shall subjoin to the record of the conviction.
638.04 MEETINGS.
The Board of Pardons shall hold meetings at least twice each year and shall hold a meeting whenever it takes formal action on an application for a pardon or commutation of sentence. All board meetings shall be open to the public as provided in chapter 13D.
The victim of an applicant's crime has a right to submit an oral or written statement at the meeting. The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the application for a pardon or commutation should be granted or denied. In addition, any law enforcement agency may submit an oral or written statement at the meeting, giving its recommendation on whether the application should be granted or denied. The board must consider the victim's and the law enforcement agency's statement when making its decision on the application.
638.05 APPLICATION FOR PARDON.
Every application for relief by the Pardon Board shall be in writing, addressed to the Board of Pardons, signed under oath by the convict or someone in the convict's behalf, shall state concisely the grounds upon which the relief is sought, and in addition shall contain the following facts:
(1) the name under which the convict was indicted, and every alias by which the convict is or was known;
(2) the date and terms of sentence, and the names of the offense for which it was imposed;
(3) the name of the trial judge and the county attorney who participated in the trial of the convict, together with that of the county of trial;
(4) a succinct statement of the evidence adduced at the trial, with the endorsement of the judge or county attorney who tried the case that the statement is substantially correct. If this statement and endorsement are not furnished, the reason for failing to furnish them shall be stated;
(5) the age, birthplace, and occupation and residence of the convict during five years immediately preceding conviction;
(6) a statement of other arrests, indictments, and convictions, if any, of the convict.
Every application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any private data concerning the applicant contained in the application or in any other record relating to the grounds on which the relief is sought. In addition, if the applicant resided in another state after the sentence was discharged, the application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any data concerning the applicant that was collected or maintained by the foreign state relating to the grounds on which the relief is sought, including disclosure of criminal arrest and conviction records.
638.06 ACTION ON APPLICATION.
Every application for relief by the Pardon Board shall be filed with the secretary of the Board of Pardons not less than 60 days before the meeting of the board at which consideration of the application is desired. If an application for a pardon or commutation has been once heard and denied on the merits, no subsequent application shall be filed without the consent of two members of the board endorsed on the application. Immediately on receipt of any application, the secretary to the board shall mail notice of the application, and of the time and place of hearing on it, to the judge of the court where the applicant was tried and sentenced, and to the prosecuting attorney who prosecuted the applicant, or a successor in office. Additionally, the secretary shall publish notice of an application for a pardon extraordinary in the local newspaper of the county where the crime occurred. The secretary shall also make all reasonable efforts to locate any victim of the applicant's crime. The secretary shall mail notice of the application and the time and place of the hearing to any victim who is located. This notice shall specifically inform the victim of the victim's right to be present at the hearing and to submit an oral or written statement to the board as provided in section 638.04.
638.07 RECORDS; SECRETARY.
The Board of Pardons shall keep a record of every petition received, and of every pardon, reprieve, or commutation of sentence granted or refused, and the reasons assigned therefor, and shall have a seal, with which every pardon, reprieve, or commutation of sentence shall be attested. It may adopt such additional necessary and proper rules as are not inconsistent herewith. The commissioner of corrections or a designee shall be the secretary of the board. The commissioner shall have charge of and keep its records and perform such other duties as the board may from time to time direct. The commissioner is hereby authorized and empowered to serve subpoenas and other writs or processes necessary to return parole violators to prison, and to bring before the board witnesses to be heard in matters pending before it. The records and all the files shall be kept and preserved by the secretary, and shall be open to public inspection at all reasonable times.
638.075 ANNUAL REPORTS TO LEGISLATURE.
By February 15 of each year, the Board of Pardons shall file a written report with the legislature containing the following information:
(1) the number of applications received by the board during the preceding calendar year for pardons, pardons extraordinary, and commutations of sentence;
(2) the number of applications granted by the board for each category; and
(3) the crimes for which the applications were granted by the board, the year of each conviction, and the age of the offender at the time of the offense.
638.08 ISSUANCE OF PROCESS; WITNESSES; STANDING APPROPRIATION.
The Board of Pardons may issue process requiring the presence of any person or officer before it, with or without books and papers, in any matter pending, and may take such reasonable steps in the matter as it may deem necessary to a proper determination thereof. When any person is summoned before the board by its authority, the person may be allowed such compensation for travel and attendance as it may deem reasonable.