Minnesota Legislature
HF 829
1st Unofficial Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to state government; appropriating money for public safety and
1.3corrections initiatives, courts, public defenders, Board on Judicial Standards, and
1.4Uniform Laws Commission; creating grant programs; adding new judgeships;
1.5correcting an unintentional repeal and resuming the payment of certain bail
1.6proceeds to the municipalities and subdivisions of government in Hennepin
1.7County;amending Minnesota Statutes 2006, sections 2.722, subdivision 1;
1.8297I.06, subdivision 3; 363A.06, subdivision 1; 403.11, subdivision 1; 403.31,
1.9subdivision 1; 609.3457, subdivision 4; 609.52, subdivision 3; 609.535,
1.10subdivision 2a; 609.595, subdivisions 1, 2; proposing coding for new law in
1.11Minnesota Statutes, chapters 241; 484; 626; repealing Minnesota Statutes 2006,
1.12section 403.31, subdivision 6.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.17 The amounts shown in this section summarize direct appropriations, by fund, made
1.18in this article.
2.1 (a) General. The sums shown in the columns marked "Appropriations" are
2.2appropriated to the agencies and for the purposes specified in this article. The
2.3appropriations are from the general fund, or another named fund, and are available for the
2.4fiscal years indicated for each purpose. The figures "2008" and "2009" used in this article
2.5mean that the appropriations listed under them are available for the fiscal year ending June
2.630, 2008, or June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second
2.7year" is fiscal year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations
2.8for the fiscal year ending June 30, 2007, are effective the day following final enactment.
2.9(b) Compensation. These appropriations, and any statutory appropriations from
2.10which state employee compensation is paid from any fund, include an amount sufficient to
2.11fund compensation increases of at least 3.25 percent of the 2007 compensation base for
2.12the first year, compounded at the rate of 3.25 percent for the second year. This amount
2.13must be used for that purpose and no other.
2.29The amounts that may be spent for each
2.30purpose are specified in the following
2.31subdivisions.
3.7Cooperative Investigation of
3.8Cross-Jurisdictional Criminal Activity.
3.9$93,000 each year is appropriated from the
3.10Bureau of Criminal Apprehension account in
3.11the special revenue fund for grants to local
3.12officials for the cooperative investigation of
3.13cross-jurisdictional criminal activity. Any
3.14unencumbered balance remaining in the first
3.15year does not cancel but is available for the
3.16second year.
3.17Laboratory Activities. $352,000 the first
3.18year and $368,000 the second year are
3.19appropriated from the Bureau of Criminal
3.20Apprehension account in the special revenue
3.21fund for laboratory activities.
3.22DWI Lab Analysis. Notwithstanding
3.23Minnesota Statutes, section161.20,
3.24subdivision 3 , $367,000 the first year and
3.25$374,000 the second year are appropriated
3.26from the trunk highway fund for laboratory
3.27analysis related to driving-while-impaired
3.28cases.
3.29Forensic Scientists. $1,018,000 the first
3.30year and $1,871,000 the second year are for
3.3120 new forensic scientists in the Bureau of
3.32Criminal Apprehension Forensic Science
3.33Laboratory.
4.1This appropriation is from the fire safety
4.2account in the special revenue fund.
4.3Of this amount, $3,330,000 the first year and
4.4$6,300,000 the second year are for activities
4.5under Minnesota Statutes, section 299F.012.
4.11Gang and Drug Task Force. $600,000 the
4.12first year and $1,900,000 the second year are
4.13for grants to the Gang and Drug Task Force.
4.14Victim Notification System. $225,000
4.15each year is for the continuation of the
4.16victim information and notification everyday
4.17(VINE) service.
4.18Squad Car Cameras. $1,000,000 the
4.19first year is for grants to enable local law
4.20enforcement agencies to make squad car
4.21camera technology upgrades or acquisitions.
4.22Of this amount, $500,000 is for a onetime
4.23grant to the city of Minneapolis.
4.24To be eligible for an acquisition grant, law
4.25enforcement agencies shall provide a 25
4.26percent match.
4.27The base budget for these grants is $500,000
4.28in fiscal year 2010 and $500,000 in fiscal
4.29year 2011.
4.30Peace Officer Overtime. $1,250,000 each
4.31year is for grants for peace officer overtime
4.32pay under Minnesota Statutes, section
4.33299A.62, subdivision 1, paragraph (b), clause
4.34(2).
5.1The commissioner shall award these grants
5.2as provided in Minnesota Statutes, section
5.3299A.62. However, the commissioner shall
5.4prioritize by awarding grants to assist law
5.5enforcement agencies with the greatest needs
5.6in terms of personnel demands and crime
5.7rates. This is a onetime appropriation.
5.8Youth Intervention Programs. $500,000
5.9each year is for youth intervention programs
5.10under Minnesota Statutes, section 299A.73.
5.11The commissioner shall use this money to
5.12make grants to help existing programs serve
5.13unmet needs in their communities and to
5.14fund new programs in underserved areas of
5.15the state.
5.16Crime Victim Support Grant. $175,000
5.17each year is for a grant to a nonprofit
5.18organization dedicated to providing
5.19immediate and long-term emotional support
5.20and practical help for the families and friends
5.21of individuals who have died by homicide,
5.22suicide, or accident.
5.23Sexual Violence. $192,000 the first year
5.24and $195,000 the second year are to increase
5.25funding for crime victim services grants to
5.26victims of sexual violence.
5.27Domestic Violence. $193,000 the first year
5.28and $195,000 the second year are to increase
5.29funding for crime victim services grants for
5.30victims of domestic violence.
5.31Administration Costs. Up to 2.5 percent
5.32of the grant funds appropriated in this
5.33subdivision may be used to administer the
5.34grant program.
6.1This appropriation is from the state
6.2government special revenue fund for 911
6.3emergency telecommunications services.
6.4Public Safety Answering Points.
6.5$13,664,000 each year is to be distributed
6.6as provided in Minnesota Statutes, section
6.7403.113, subdivision 2.
6.8Medical Resource Communication
6.9Centers. $683,000 each year is for grants
6.10to the Minnesota Emergency Medical
6.11Services Regulatory Board for the Metro
6.12East and Metro West Medical Resource
6.13Communication Centers that were in
6.14operation before January 1, 2000.
6.15ARMER Debt Service. $6,149,000 the
6.16first year and $11,853,000 the second year
6.17are to the commissioner of finance to pay
6.18debt service on revenue bonds issued under
6.19Minnesota Statutes, section 403.275.
6.20Any portion of this appropriation not needed
6.21to pay debt service in a fiscal year may be
6.22used by the commissioner of public safety to
6.23pay cash for any of the capital improvements
6.24for which bond proceeds were appropriated
6.25by Laws 2005, chapter 136, article 1, section
6.269, subdivision 8; or in subdivision 8.
6.27The base for this appropriation is $17,557,000
6.28in fiscal year 2010 and $23,261,000 in fiscal
6.29year 2011.
6.30Metropolitan Council Debt Service.
6.31$1,410,000 each year is to the commissioner
6.32of finance for payment to the Metropolitan
6.33Council for debt service on bonds issued
6.34under Minnesota Statutes, section 403.27.
7.1ARMER Improvements. $1,000,000 each
7.2year is for the Statewide Radio Board for
7.3costs of design, construction, maintenance
7.4of, and improvements to those elements
7.5of the statewide public safety radio and
7.6communication system that support mutual
7.7aid communications and emergency medical
7.8services or provide interim enhancement of
7.9public safety communication interoperability
7.10in those areas of the state where the statewide
7.11public safety radio and communication
7.12system is not yet implemented.
7.13ARMER Interoperability Planning.
7.14$323,000 each year is to provide funding
7.15to coordinate and plan for communication
7.16interoperability between public safety
7.17entities.
7.18ARMER State Backbone Operating Costs.
7.19$3,110,000 each year is to the commissioner
7.20of transportation for costs of maintaining and
7.21operating the first and third phases of the
7.22statewide radio system backbone. The base
7.23for this appropriation is $5,060,000 in fiscal
7.24year 2010 and $5,060,000 in fiscal year 2011
7.25to provide funding to operate one additional
7.26phase of the system.
7.27Zone Controller. $5,400,000 the first year
7.28is a onetime appropriation to upgrade zone
7.29controllers and network elements in phases
7.30one and two of the statewide radio system.
7.31Advance Project Development. $3,750,000
7.32the first year is a onetime appropriation for
7.33site acquisition and site development work
7.34for the remaining phases of the statewide
7.35radio system. This appropriation is available
8.1until June 30, 2010. This appropriation is to
8.2the commissioner of public safety for transfer
8.3to the commissioner of transportation.
8.4System Design. $1,850,000 the first year is a
8.5onetime appropriation to complete detailed
8.6design and planning of the remaining
8.7phases of the statewide radio system.
8.8The commissioner of public safety and
8.9the commissioner of transportation shall
8.10determine the scope of the study, after
8.11consulting with the Statewide Radio Board,
8.12the commissioner of administration, and the
8.13state chief information officer. The study
8.14must address the system design for the
8.15state backbone and implications for local
8.16coverage, how data can be integrated, and
8.17whether other public safety communication
8.18networks can be integrated with the state
8.19backbone. The study must estimate the
8.20full cost of completing the state backbone
8.21to specified standards, the cost of local
8.22subsystems, and the potential advantages
8.23of using a request for proposal approach
8.24to solicit private sector participation in the
8.25project. The study must include a financial
8.26analysis of whether the estimated revenue
8.27from increasing the 911 fee by up to 30
8.28cents will cover the estimated debt service
8.29of revenue bonds issued to finance the cost
8.30of completing the statewide radio system
8.31and a portion of the cost up to 50 percent
8.32for local subsystems. The study must also
8.33review the project organizational structure
8.34and governance.
9.1Radio and Communication System. The
9.2appropriations in this subdivision are from
9.3the 911 revenue bond proceeds account
9.4for the purposes indicated, to be available
9.5until the project is completed or abandoned,
9.6subject to Minnesota Statutes, section
9.716A.642.
9.8The appropriations are to the commissioner
9.9of public safety for transfer to the
9.10commissioner of transportation to construct
9.11the system backbone of the public safety
9.12radio and communication system plan under
9.13Minnesota Statutes, section 403.36.
9.14$62,000,000 of this appropriation is for
9.15the second year. $62,000,000 of this
9.16appropriation is available on or after July 1,
9.172009. $62,000,000 of this appropriation is
9.18available on or after July 1, 2010.
9.19The commissioner of public safety and the
9.20commissioner of transportation shall certify
9.21to the chairs of the house Public Safety
9.22Finance Division of the Finance Committee
9.23and the senate Public Safety Budget Division
9.24of the Finance Committee that the detailed
9.25design has been completed and that the
9.26financial analysis finds that sufficient revenue
9.27will be generated by proposed changes in the
9.28911 fee to cover all estimated debt service
9.29on revenue bonds proposed to be issued to
9.30complete the system before the appropriation
9.31is made available. The commissioner of
9.32finance shall not approve any fee increase
9.33under Minnesota Statutes, section 403.11,
9.34subdivision 1, paragraph (c), until this
9.35certification is made.
10.1Bond Sale Authorization. To provide the
10.2money appropriated in this subdivision,
10.3the commissioner of finance shall sell and
10.4issue bonds of the state in an amount up to
10.5$186,000,000 in the manner, upon the terms,
10.6and with the effect prescribed by Minnesota
10.7Statutes, section 403.275.
10.10Excess Amounts Transferred. This
10.11appropriation is from the peace officer
10.12training account in the special revenue fund.
10.13Any new receipts credited to that account in
10.14the first year in excess of $4,573,000 must be
10.15transferred and credited to the general fund.
10.16Any new receipts credited to that account in
10.17the second year in excess of $4,616,000 must
10.18be transferred and credited to the general
10.19fund.
10.20Peace Officer Training Reimbursements.
10.21$3,234,000 the first year and $3,242,000
10.22the second year are for reimbursements to
10.23local governments for peace officer training
10.24costs. Of these amounts, the board may use
10.25up to $50,000 the first year to comply with
10.26Minnesota Statutes, section 626.8444.
10.30Management Information System.
10.31$1,403,000 the first year and $55,000 the
10.32second year are for the replacement of
10.33the department's tracking and compliance
11.1databases with a management information
11.2system.
11.9The amounts that may be spent for each
11.10purpose are specified in the following
11.11subdivisions.
11.16Contracts for Beds at Rush City. If the
11.17commissioner contracts with other states,
11.18local units of government, or the federal
11.19government to rent beds in the Rush City
11.20Correctional Facility, the commissioner shall
11.21charge a per diem under the contract, to the
11.22extent possible, that is equal to or greater
11.23than the per diem cost of housing Minnesota
11.24inmates in the facility.
11.25Notwithstanding any law to the contrary, the
11.26commissioner may use per diems collected
11.27under contracts for beds at MCF-Rush City
11.28to operate the state correctional system.
11.29Offender Reentry Services. $400,000
11.30each year is for increased funding for
11.31expansion of offender reentry services in the
11.32institutions and staffing for the Department
11.33of Corrections MCORP program.
12.4ISR Agents, Challenge Incarceration
12.5Program. $600,000 the first year and
12.6$1,000,000 the second year are for intensive
12.7supervised release agents for the challenge
12.8incarceration program.
12.9ISR Agents, Conditional Release Program.
12.10$300,000 each year is for intensive supervised
12.11release agents for the conditional release
12.12program. This is a onetime appropriation.
12.13Sex Offenders, Civil Commitment and
12.14Tracking. $200,000 each year is to fund a
12.15legal representative for civil commitments
12.16and to manage and track sex offenders.
12.17Probation Supervision, CCA System.
12.18$2,800,000 each year is added to the
12.19Community Corrections Act subsidy,
12.20Minnesota Statutes, section 401.14.
12.21Probation Supervision, CPO System.
12.22$600,000 each year is added to the county
12.23probation officers reimbursement base.
12.24Probation Supervision, DOC System.
12.25$600,000 each year is for the Department of
12.26Corrections probation and supervised release
12.27unit.
12.28Sex Offender Management and Treatment.
12.29$1,000,000 each year is for adult felon and
12.30juvenile sex offender management to be
12.31distributed statewide by the Community
12.32Corrections Act formula under Minnesota
12.33Statutes, section 401.10, and to increase
13.1funding for providing treatment for sex
13.2offenders on community supervision.
13.3Sex Offender Assessments. $75,000 each
13.4year is to increase funding to reimburse
13.5counties or their designees, or courts, for
13.6sex offender assessments under Minnesota
13.7Statutes, section 609.3457.
13.8Sentencing to Service. $300,000 each
13.9year is to increase funding for sentencing
13.10to service activities such as highway litter
13.11cleanup.
13.12Short-term Offenders. $2,500,000 each
13.13year is to increase funding for the costs
13.14associated with the housing and care of
13.15short-term offenders. The commissioner may
13.16use up to 20 percent of the total amount of the
13.17appropriation for inpatient medical care for
13.18short-term offenders. All funds remaining at
13.19the end of the fiscal year not expended for
13.20inpatient medical care must be added to and
13.21distributed with the housing funds. These
13.22funds must be distributed proportionately
13.23based on the total number of days short-term
13.24offenders are placed locally, not to exceed
13.25$70 per day.
13.26The department is exempt from the state
13.27contracting process for the purposes of
13.28paying short-term offender costs relating to
13.29Minnesota Statutes, section 609.105.
13.30Offender Reentry Service. $950,000 each
13.31year is for offender job-seeking services,
13.32evidence-based research, expansion of
13.33reentry services specific to juveniles,
13.34and funding to local units of government
14.1participating in MCORP to provide reentry
14.2programming to offenders.
14.3Offender Reentry Grants. $650,000 each
14.4year is for grants to nonprofit organizations
14.5to provide reentry services to offenders being
14.6released from incarceration.
14.7Employment Services for Ex-offenders.
14.8$238,000 the first year and $237,000 the
14.9second year are for grants to a nonprofit
14.10organization to establish a pilot project to
14.11provide employment services to ex-criminal
14.12offenders living in the North Minneapolis
14.13community. The pilot project must
14.14provide the ex-offender participants with
14.15a continuum of employment services that
14.16identifies their needs; intervenes with
14.17them through case management if they
14.18are struggling; and provides them with
14.19work readiness, skill training, chemical and
14.20mental health referrals, housing support,
14.21job placement, work experience, and job
14.22retention support. The pilot project shall
14.23work with community corrections officials,
14.24faith-based organizations, and businesses to
14.25create an array of support opportunities for
14.26the participants.
14.27By January 15, 2010, the commissioner
14.28shall report to the chairs and ranking
14.29minority members of the senate and
14.30house of representatives committees and
14.31divisions having jurisdiction over criminal
14.32justice policy and funding on the activities
14.33conducted by the grant recipient and the
14.34effectiveness of the pilot project.
15.1Mentoring Grants. $500,000 each year
15.2is for mentoring grants under Minnesota
15.3Statutes, section 241.90. The grant recipient
15.4shall collaborate with the parks and
15.5recreation departments of the cities of St.
15.6Paul and Minneapolis and may reimburse the
15.7departments for the use of their facilities by
15.8the grant recipient.
15.14Collateral Sanctions Committee. $100,000
15.15the first year is for the Collateral Sanctions
15.16Committee described in article 2, section
15.1713. This money must be used for staffing,
15.18conducting research, conducting public
15.19hearings, reimbursing committee members
15.20for reasonable expenses, and for the required
15.21report.
15.22Changes to Grid for Controlled Substance
15.23Offenses. The commission shall propose
15.24changes to the sentencing guidelines
15.25grid for controlled substance offenses.
15.26The proposal must make presumptive
15.27sentences for controlled substance offenses
15.28proportional with similarly severe offenses
15.29in Minnesota and proportional with similar
15.30controlled substance offenses from the
15.31federal government and other states in the
15.32Upper Midwest, including Iowa, North
15.33Dakota, South Dakota, and Wisconsin. The
15.34commission shall include the proposed
15.35changes in its 2008 report to the legislature.
16.3 Section 1. [241.90] MENTORING GRANT FOR CHILDREN OF
16.4INCARCERATED PARENTS.
16.5 Subdivision 1. Mentoring grant. The commissioner of corrections may award a
16.6grant to a nonprofit organization that is located in the greater Twin Cities area and provides
16.7one-to-one mentoring relationships to youth enrolled between the ages of seven to 13
16.8whose parent or other significant family member is incarcerated in a county workhouse,
16.9county jail, state prison, or other type of correctional facility or is subject to correctional
16.10supervision. The intent of the grant is to provide children with adult mentors to strengthen
16.11developmental outcomes, including enhanced self-confidence and esteem; improved
16.12academic performance; and improved relationships with peers, family, and other adults
16.13that may prevent them from entering the juvenile justice system.
16.14 Subd. 2. Grant criteria. As a condition of receiving the grant, the grant recipient
16.15shall do the following:
16.16 (1) collaborate with other organizations that have a demonstrated history of
16.17providing services to youth and families in disadvantaged situations;
16.18 (2) implement procedures to ensure that 100 percent of the mentors pose no safety
16.19risk to the child and have the skills to participate in a mentoring relationship;
16.20 (3) provide enhanced training to mentors focusing on asset building and family
16.21dynamics when a parent is incarcerated; and
16.22 (4) provide an individual family plan and aftercare.
16.23 Subd. 3. Program evaluation. The grant recipient shall submit an evaluation plan
16.24to the commissioner delineating the program and student outcome goals and activities
16.25implemented to achieve the stated outcomes. The goals must be clearly stated and
16.26measurable. The grant recipient shall collect, analyze, and report on participation and
16.27outcome data that enable the department to verify that the program goals were met.
16.28EFFECTIVE DATE.This section is effective July 1, 2007.
16.29 Sec. 2. Minnesota Statutes 2006, section 297I.06, subdivision 3, is amended to read:
16.30 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
16.31be known as the fire safety account, is created in the state treasury. The account consists of
16.32the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008 and $2,268,000 in
16.33each year thereafter is transferred from the fire safety account in the special revenue fund
17.1to the general fund to offset the loss of revenue caused by the repeal of the one-half of one
17.2percent tax on fire insurance premiums.The general fund base appropriation for the fire
17.3marshal program is reduced by $2,832,000 in fiscal year 2008 and each year thereafter.
17.4The base funding for the fire marshal program from the fire safety account in the special
17.5revenue fund shall be $2,832,000 in fiscal year 2008 and each year thereafter.
17.6EFFECTIVE DATE.This section is effective July 1, 2007.
17.7 Sec. 3. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:
17.8 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
17.9policies to effectuate the purposes of this chapter and shall do the following:
17.10 (1) exercise leadership under the direction of the governor in the development of
17.11human rights policies and programs, and make recommendations to the governor and the
17.12legislature for their consideration and implementation;
17.13 (2) establish and maintain a principal office in St. Paul, and any other necessary
17.14branch offices at any location within the state;
17.15 (3) meet and function at any place within the state;
17.16 (4) employ attorneys, clerks, and other employees and agents as the commissioner
17.17may deem necessary and prescribe their duties;
17.18 (5) to the extent permitted by federal law and regulation, utilize the records of the
17.19Department of Employment and Economic Development of the state when necessary
17.20to effectuate the purposes of this chapter;
17.21 (6) obtain upon request and utilize the services of all state governmental departments
17.22and agencies;
17.23 (7) adopt suitable rules for effectuating the purposes of this chapter;
17.24 (8) issue complaints, receive and investigate charges alleging unfair discriminatory
17.25practices, and determine whether or not probable cause exists for hearing;
17.26 (9) subpoena witnesses, administer oaths, take testimony, and require the production
17.27for examination of any books or papers relative to any matter under investigation or in
17.28question as the commissioner deems appropriate to carry out the purposes of this chapter;
17.29 (10) attempt, by means of education, conference, conciliation, and persuasion to
17.30eliminate unfair discriminatory practices as being contrary to the public policy of the state;
17.31 (11) develop and conduct programs of formal and informal education designed to
17.32eliminate discrimination and intergroup conflict by use of educational techniques and
17.33programs the commissioner deems necessary;
17.34 (12) make a written report of the activities of the commissioner to the governor
17.35each year;
18.1 (13) accept gifts, bequests, grants, or other payments public and private to help
18.2finance the activities of the department;
18.3 (14) create such local and statewide advisory committees as will in the
18.4commissioner's judgment aid in effectuating the purposes of the Department of Human
18.5Rights;
18.6 (15) develop such programs as will aid in determining the compliance throughout
18.7the state with the provisions of this chapter, and in the furtherance of such duties, conduct
18.8research and study discriminatory practices based upon race, color, creed, religion,
18.9national origin, sex, age, disability, marital status, status with regard to public assistance,
18.10familial status, sexual orientation, or other factors and develop accurate data on the nature
18.11and extent of discrimination and other matters as they may affect housing, employment,
18.12public accommodations, schools, and other areas of public life;
18.13 (16) develop and disseminate technical assistance to persons subject to the provisions
18.14of this chapter, and to agencies and officers of governmental and private agencies;
18.15 (17) provide staff services to such advisory committees as may be created in aid of
18.16the functions of the Department of Human Rights;
18.17 (18) make grants in aid to the extent that appropriations are made available for that
18.18purpose in aid of carrying out duties and responsibilities; and
18.19 (19) cooperate and consult with the commissioner of labor and industry regarding
18.20the investigation of violations of, and resolution of complaints regarding section363A.08,
18.21subdivision 7 .
18.22 In performing these duties, the commissioner shall give priority to those duties in
18.23clauses (8), (9), and (10) and to the duties in section363A.36 .
18.24 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
18.25paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
18.26account. Money in the account is appropriated to the commissioner of human rights to
18.27help finance activities of the department.
18.28EFFECTIVE DATE.This section is effective July 1, 2007.
18.29 Sec. 4. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
18.30 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
18.31customer of a wireless or wire-line switched or packet-based telecommunications service
18.32provider connected to the public switched telephone network that furnishes service capable
18.33of originating a 911 emergency telephone call is assessed a fee based upon the number
18.34of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
18.35maintenance and related improvements for trunking and central office switching equipment
19.1for 911 emergency telecommunications service, to offset administrative and staffing costs
19.2of the commissioner related to managing the 911 emergency telecommunications service
19.3program, to make distributions provided for in section403.113 , and to offset the costs,
19.4including administrative and staffing costs, incurred by the State Patrol Division of the
19.5Department of Public Safety in handling 911 emergency calls made from wireless phones.
19.6 (b) Money remaining in the 911 emergency telecommunications service account
19.7after all other obligations are paid must not cancel and is carried forward to subsequent
19.8years and may be appropriated from time to time to the commissioner to provide financial
19.9assistance to counties for the improvement of local emergency telecommunications
19.10services. The improvements may include providing access to 911 service for
19.11telecommunications service subscribers currently without access and upgrading existing
19.12911 service to include automatic number identification, local location identification,
19.13automatic location identification, and other improvements specified in revised county
19.14911 plans approved by the commissioner.
19.15 (c) The fee may not be less than eight cents nor more than 65 cents a month until
19.16June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
19.172009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
19.18not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
19.19each customer access line or other basic access service, including trunk equivalents as
19.20designated by the Public Utilities Commission for access charge purposes and including
19.21wireless telecommunications services. With the approval of the commissioner of finance,
19.22the commissioner of public safety shall establish the amount of the fee within the limits
19.23specified and inform the companies and carriers of the amount to be collected. When the
19.24revenue bonds authorized under section403.27, subdivision 1 , have been fully paid or
19.25defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
19.26no longer needed. The commissioner shall provide companies and carriers a minimum of
19.2745 days' notice of each fee change. The fee must be the same for all customers.
19.28 (d) The fee must be collected by each wireless or wire-line telecommunications
19.29service provider subject to the fee. Fees are payable to and must be submitted to the
19.30commissioner monthly before the 25th of each month following the month of collection,
19.31except that fees may be submitted quarterly if less than $250 a month is due, or annually if
19.32less than $25 a month is due. Receipts must be deposited in the state treasury and credited
19.33to a 911 emergency telecommunications service account in the special revenue fund. The
19.34money in the account may only be used for 911 telecommunications services.
19.35 (e) This subdivision does not apply to customers of interexchange carriers.
20.1 (f) The installation and recurring charges for integrating wireless 911 calls into
20.2enhanced 911 systems are eligible for payment by the commissioner if the 911 service
20.3provider is included in the statewide design plan and the charges are made pursuant to
20.4contract.
20.5 (g) Competitive local exchanges carriers holding certificates of authority from the
20.6Public Utilities Commission are eligible to receive payment for recurring 911 services.
20.7EFFECTIVE DATE.This section is effective July 1, 2007.
20.8 Sec. 5. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
20.9 Subdivision 1. Allocation of operating costs.The current costs of the board
20.10in implementing the regionwide public safety radio communication plan system and
20.11the first and second phase systems shall be allocated among and paid by the following
20.12users, all in accordance with the regionwide public safety radio system communication
20.13plan adopted by the board:
20.14(1) the state of Minnesota for its operations using the system in the metropolitan
20.15counties;
20.16(2) all local government units using the system; and
20.17(3) other eligible users of the system. (a) The ongoing costs of the commissioner
20.18not otherwise appropriated in operating the statewide public safety radio communication
20.19system shall be allocated among and paid by the following users, all in accordance with
20.20the statewide public safety radio communication system plan under section 403.36:
20.21 (1) the state of Minnesota for its operations using the system;
20.22 (2) all local government units using the system; and
20.23 (3) other eligible users of the system.
20.24 (b) Each local government and other eligible users of the system shall pay to
20.25the commissioner all sums charged under this section, at the times and in the manner
20.26determined by the commissioner. The governing body of each local government shall
20.27take all action necessary to provide the money required for these payments and to make
20.28the payments when due.
20.29EFFECTIVE DATE.This section is effective July 1, 2007.
20.30 Sec. 6. Minnesota Statutes 2006, section 609.3457, subdivision 4, is amended to read:
20.31 Subd. 4. Definition. As used in this section, "sex offense" means a violation
20.32of section 609.294; 609.322, subdivision 1; 609.324, subdivision 1;609.342 ;
609.343 ;
20.33609.344
;
609.345 ;
609.3451 ; 609.3453; 609.3455; 609.352; 609.365;
609.746, subdivision
21.11 ;
609.79 ; or
617.23 ; 617.246; or 617.247; or another offense arising out of a charge
21.2based on one or more of those sections.
21.3EFFECTIVE DATE.This section is effective July 1, 2007, and applies to crimes
21.4committed on or after that date.
21.5 Sec. 7. Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:
21.6 Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
21.7(1) to imprisonment for not more than 20 years or to payment of a fine of not more
21.8than $100,000, or both, if the property is a firearm, or the value of the property or services
21.9stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
21.10(3), (4), (15), or (16); or
21.11(2) to imprisonment for not more than ten years or to payment of a fine of not more
21.12than $20,000, or both, if the value of the property or services stolen exceeds$2,500
21.13$5,000, or if the property stolen was an article representing a trade secret, an explosive or
21.14incendiary device, or a controlled substance listed in schedule I or II pursuant to section
21.15152.02
with the exception of marijuana; or
21.16(3) to imprisonment for not more than five years or to payment of a fine of not more
21.17than $10,000, or both, if any of the following circumstances exist:
21.18(a) the value of the property or services stolen is more than$500 $1,000 but not
21.19more than$2,500 $5,000; or
21.20(b) the property stolen was a controlled substance listed in schedule III, IV, or V
21.21pursuant to section152.02 ; or
21.22(c) the value of the property or services stolen is more than$250 $500 but not more
21.23than$500 $1,000 and the person has been convicted within the preceding five years for an
21.24offense under this section, section256.98 ;
268.182 ;
609.24 ;
609.245 ;
609.53 ;
609.582,
21.25subdivision 1 , 2, or 3;
609.625 ;
609.63 ;
609.631 ; or
609.821 , or a statute from another
21.26state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
21.27and the person received a felony or gross misdemeanor sentence for the offense, or a
21.28sentence that was stayed under section609.135 if the offense to which a plea was entered
21.29would allow imposition of a felony or gross misdemeanor sentence; or
21.30(d) the value of the property or services stolen is not more than$500 $1,000, and
21.31any of the following circumstances exist:
21.32(i) the property is taken from the person of another or from a corpse, or grave or
21.33coffin containing a corpse; or
22.1(ii) the property is a record of a court or officer, or a writing, instrument or record
22.2kept, filed or deposited according to law with or in the keeping of any public officer or
22.3office; or
22.4(iii) the property is taken from a burning, abandoned, or vacant building or upon its
22.5removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
22.6or the proximity of battle; or
22.7(iv) the property consists of public funds belonging to the state or to any political
22.8subdivision or agency thereof; or
22.9(v) the property stolen is a motor vehicle; or
22.10(4) to imprisonment for not more than one year or to payment of a fine of not more
22.11than $3,000, or both, if the value of the property or services stolen is more than$250 $500
22.12but not more than$500 $1,000; or
22.13(5) in all other cases where the value of the property or services stolen is$250
22.14$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not
22.15more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
22.16clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
22.17by the defendant in violation of any one or more of the above provisions within any
22.18six-month period may be aggregated and the defendant charged accordingly in applying
22.19the provisions of this subdivision; provided that when two or more offenses are committed
22.20by the same person in two or more counties, the accused may be prosecuted in any county
22.21in which one of the offenses was committed for all of the offenses aggregated under
22.22this paragraph.
22.23EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
22.24committed on or after that date.
22.25 Sec. 8. Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:
22.26 Subd. 2a. Penalties. (a) A person who is convicted of issuing a dishonored check
22.27under subdivision 2 may be sentenced as follows:
22.28(1) to imprisonment for not more than five years or to payment of a fine of not more
22.29than $10,000, or both, if the value of the dishonored check, or checks aggregated under
22.30paragraph (b), is more than$500 $1,000;
22.31(2) to imprisonment for not more than one year or to payment of a fine of not more
22.32than $3,000, or both, if the value of the dishonored check, or checks aggregated under
22.33paragraph (b), is more than$250 $500 but not more than $500 $1,000; or
23.1(3) to imprisonment for not more than 90 days or to payment of a fine of not more
23.2than $1,000, or both, if the value of the dishonored check, or checks aggregated under
23.3paragraph (b), is not more than$250 $500.
23.4(b) In a prosecution under this subdivision, the value of dishonored checks issued
23.5by the defendant in violation of this subdivision within any six-month period may be
23.6aggregated and the defendant charged accordingly in applying this section. When two or
23.7more offenses are committed by the same person in two or more counties, the accused
23.8may be prosecuted in any county in which one of the dishonored checks was issued for all
23.9of the offenses aggregated under this paragraph.
23.10EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
23.11committed on or after that date.
23.12 Sec. 9. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
23.13 Subdivision 1. Criminal damage to property in the first degree. Whoever
23.14intentionally causes damage to physical property of another without the latter's consent
23.15may be sentenced to imprisonment for not more than five years or to payment of a fine of
23.16not more than $10,000, or both, if any of the following circumstances exist:
23.17(1) the damage to the property caused a reasonably foreseeable risk of bodily
23.18harm; or
23.19(2) the property damaged belongs to a common carrier and the damage impairs the
23.20service to the public rendered by the carrier; or
23.21(3) the damage reduces the value of the property by more than$500 $1,000 measured
23.22by the cost of repair and replacement; or
23.23(4) the damage reduces the value of the property by more than$250 $500 measured
23.24by the cost of repair and replacement and the defendant has been convicted within the
23.25preceding three years of an offense under this subdivision or subdivision 2.
23.26In any prosecution under clause (3), the value of any property damaged by the
23.27defendant in violation of that clause within any six-month period may be aggregated and
23.28the defendant charged accordingly in applying the provisions of this section; provided that
23.29when two or more offenses are committed by the same person in two or more counties, the
23.30accused may be prosecuted in any county in which one of the offenses was committed for
23.31all of the offenses aggregated under this paragraph.
23.32EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
23.33committed on or after that date.
24.1 Sec. 10. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
24.2 Subd. 2. Criminal damage to property in the third degree. (a) Except as
24.3otherwise provided in subdivision 1a, whoever intentionally causes damage to another
24.4person's physical property without the other person's consent may be sentenced to
24.5imprisonment for not more than one year or to payment of a fine of not more than $3,000,
24.6or both, if the damage reduces the value of the property by more than$250 $500 but not
24.7more than$500 $1,000 as measured by the cost of repair and replacement.
24.8(b) Whoever intentionally causes damage to another person's physical property
24.9without the other person's consent because of the property owner's or another's actual or
24.10perceived race, color, religion, sex, sexual orientation, disability as defined in section
24.11363A.03
, age, or national origin may be sentenced to imprisonment for not more than one
24.12year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
24.13value of the property by not more than$250 $500.
24.14(c) In any prosecution under paragraph (a), the value of property damaged by the
24.15defendant in violation of that paragraph within any six-month period may be aggregated
24.16and the defendant charged accordingly in applying this section. When two or more
24.17offenses are committed by the same person in two or more counties, the accused may
24.18be prosecuted in any county in which one of the offenses was committed for all of the
24.19offenses aggregated under this paragraph.
24.20EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
24.21committed on or after that date.
24.22 Sec. 11. [626.8444] DOMESTIC ABUSE IN-SERVICE TRAINING; MINIMUM
24.23REQUIREMENTS.
24.24 (a) The board shall analyze the issuance and enforcement of domestic abuse no
24.25contact orders between July 1, 2006, and June 30, 2007. Taking into account this analysis,
24.26the board shall determine the items that, at a minimum, must be addressed in in-service
24.27training courses that instruct peace officers in issues relating to domestic abuse. At a
24.28minimum, the courses must provide instruction in the laws relating to domestic abuse no
24.29contact orders and address how best to coordinate law enforcement resources relating
24.30to them.
24.31 (b) Beginning on January 1, 2008, the board may not approve an in-service training
24.32course relating to domestic abuse that does not comply with this section.
24.33EFFECTIVE DATE.This section is effective July 1, 2007.
25.1 Sec. 12. STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.
25.2 Subdivision 1. Study. The Criminal and Juvenile Justice Information Policy Group
25.3described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues
25.4involved with the automatic sealing of arrest records for persons who are not subsequently
25.5convicted of an offense related to the arrest and expungement of conviction records. The
25.6policy group shall use the following framework. The policy group shall assume that arrest
25.7records of individuals who are not subsequently convicted of an offense relating to the
25.8arrest should be automatically sealed. The policy group shall address issues related to
25.9implementing this concept under the framework below:
25.10 (1) arrest data not leading to a referral for prosecution shall be sealed by the arresting
25.11law enforcement agency on the expiration of 180 days from the date of the arrest. The
25.12arresting agency shall also notify all other criminal justice agencies to which it has
25.13transmitted the data that the data in their possession shall be sealed;
25.14 (2) upon a declination of charges or upon successful completion of a precharge
25.15diversion program, arrest and prosecution data shall thereafter be sealed. It shall be the
25.16responsibility of the prosecuting agency to seal the prosecution data pertaining to the
25.17action and to notify the superintendent of the Bureau of Criminal Apprehension, and the
25.18heads of all appropriate law enforcement agencies that the records related to the action
25.19shall be sealed;
25.20 (3)(i) upon a favorable resolution as defined below all criminal justice agency and
25.21court records pertaining to the action shall thereafter be sealed. A favorable resolution
25.22means the following:
25.23 (A) charges against a person were dismissed without a plea of guilt;
25.24 (B) the person was acquitted;
25.25 (C) charges against the person were dismissed pursuant to a continuance for
25.26dismissal or a stay of adjudication;
25.27 (D) charges against the person were dismissed upon successful completion of a
25.28pretrial diversion program with or without a plea of guilt; and
25.29 (E) upon the dismissal and discharge of proceedings against a person under
25.30Minnesota Statutes, section 152.18; and
25.31 (ii) it shall be the responsibility of the clerk of courts to seal the judicial records
25.32pertaining to the action, and to notify the superintendent of the Bureau of Criminal
25.33Apprehension, the Department of Corrections, the prosecuting attorney, and the heads of
25.34all appropriate law enforcement agencies that the criminal justice agency records related
25.35to the action shall be sealed;
26.1 (4) automatically sealed data shall be transmittable between criminal justice agencies
26.2and the courts. Sealed records shall be available to evaluate a prospective employee in a
26.3criminal justice agency;
26.4 (5) data relating to arrests, charges, or convictions for the following crimes shall not
26.5be automatically sealed:
26.6 (i) domestic abuse data, as defined in Minnesota Statutes, section 13.82, subdivision
26.75, and to court and prosecution data related to a domestic abuse charge;
26.8 (ii) data for crime victims as defined in Minnesota Statutes, section 13.82,
26.9subdivision 13; and
26.10 (iii) arrests or charges for crimes listed in Minnesota Statutes, section 364.09,
26.11paragraph (a), clauses (1) to (3); and
26.12 (6) the provisions of an automatic sealing statute shall not affect or repeal Minnesota
26.13Statutes, chapter 609A, or Minnesota Statutes, section 299C.11.
26.14The policy group shall review how other states address the sealing of arrest records and
26.15determine best practices in this area. The policy group may make recommendations on
26.16changes to the policy framework set out above that are deemed advisable, including
26.17compromise proposals. The policy group shall specifically address technical and
26.18institutional roadblocks, if any, to implement the framework set out above and propose
26.19solutions to these roadblocks. In addition, the policy group shall estimate the state and
26.20local fiscal costs, if any, of automatically sealing these records.
26.21 Subd. 2. Consultation. The policy group shall consult with and seek advice from
26.22the individuals associated with the background checks and expungements delivery team,
26.23the Collateral Consequences Committee, and the Council on Crime and Justice.
26.24 Subd. 3. Definition. As used in this section, "arrest records" include all records
26.25relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension,
26.26and prosecution records.
26.27 Subd. 4. Report. By January 15, 2008, the policy group shall report its findings and
26.28recommendations to the chairs and ranking minority members of the senate and house of
26.29representatives committees having jurisdiction over criminal justice policy. The report
26.30must include recommended statutory language to best implement the intent of the policy
26.31framework set out above, a summary of the practices of other states on the sealing of
26.32arrest records, and a finding on best practices in this area.
26.33EFFECTIVE DATE.This section is effective the day following final enactment.
26.34 Sec. 13. COLLATERAL SANCTIONS COMMITTEE.
27.1 Subdivision 1. Establishment; duties. The Collateral Sanctions Committee shall
27.2study issues related to collateral sanctions. Specifically, the committee shall study how
27.3collateral sanctions are addressed in other states and determine best practices on this.
27.4In addition, the committee shall study issues relating to how criminal convictions and
27.5adjudications affect an individual's employment and professional licensing opportunities
27.6in Minnesota. The committee shall consider the policy implications of providing a
27.7process to allow individuals currently prohibited from certain types of employment or
27.8professional licensing because of a criminal record to seek a waiver. The committee shall
27.9make recommendations on changes in law and policy it deems appropriate in this area.
27.10By January 15, 2008, the committee shall report its findings and recommendations to the
27.11chairs and ranking minority members of the committees having jurisdiction over criminal
27.12justice policy in the senate and house of representatives.
27.13 Subd. 2. Resources. The Sentencing Guidelines Commission shall provide technical
27.14and research assistance to the committee, with the assistance of the commissioner of
27.15public safety and the commissioner of corrections.
27.16 Subd. 3. Membership. The committee consists of the following:
27.17 (1) the executive director of the Sentencing Guidelines Commission, who shall serve
27.18as the committee's chair and convening authority;
27.19 (2) the commissioner of public safety, or designee;
27.20 (3) the commissioner of corrections, or designee;
27.21 (4) the attorney general, or designee;
27.22 (5) the state public defender, or designee;
27.23 (6) a crime victim's advocate, appointed by the commissioner of public safety;
27.24 (7) a county attorney, appointed by the Minnesota County Attorneys Association;
27.25 (8) a city attorney, appointed by the League of Minnesota Cities;
27.26 (9) a district court judge, appointed by the Judicial Council;
27.27 (10) a private criminal defense attorney, appointed by the Minnesota Association of
27.28Criminal Defense Lawyers;
27.29 (11) a probation officer, appointed by the Minnesota Association of County
27.30Probation Officers;
27.31 (12) two peace officers, one appointed by the Minnesota Sheriffs' Association and
27.32the other appointed by the Minnesota Chiefs of Police Association;
27.33 (13) two members with knowledge of housing issues, one of whom is a landlord and
27.34the other a tenant, appointed by the commissioner of public safety;
27.35 (14) a member from the employment industry, appointed by the commissioner of
27.36public safety;
28.1 (15) a member from a community crime prevention organization, appointed by the
28.2commissioner of public safety;
28.3 (16) a member from a community of color, appointed by the commissioner of
28.4public safety;
28.5 (17) a member who is an ex-criminal offender, appointed by the commissioner of
28.6public safety; and
28.7 (18) a member from an agency that provides reentry services to offenders being
28.8released from incarceration, appointed by the commissioner of public safety.
28.9 Subd. 4. Expenses; expiration. The provisions of Minnesota Statutes, section
28.1015.059, apply to the committee. The committee expires on January 15, 2008.
28.11 Subd. 5. Definition. As used in this section, "collateral sanctions" has the meaning
28.12given in Minnesota Statutes, section 609B.050, subdivision 1.
28.13EFFECTIVE DATE.This section is effective the day following final enactment.
28.14 Sec. 14. REPEALER.
28.15Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.
28.16EFFECTIVE DATE.This section is effective July 1, 2007.
28.20 The amounts shown in this section summarize direct appropriations, by fund, made
28.21in this article.
28.26 The sums shown in the columns marked "Appropriations" are appropriated to the
28.27agencies and for the purposes specified in this article. The appropriations are from the
28.28general fund, or another named fund, and are available for the fiscal years indicated
28.29for each purpose. The figures "2008" and "2009" used in this article mean that the
28.30appropriations listed under them are available for the fiscal year ending June 30, 2008, or
28.31June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
29.1year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
29.2year ending June 30, 2007, are effective the day following final enactment.
29.4 These appropriations, and any statutory appropriations from which state employee
29.5compensation is paid from any fund, include an amount sufficient to fund compensation
29.6increases of at least 3.25 percent of the 2007 compensation base for the first year,
29.7compounded at the rate of 3.25 percent for the second year. This amount must be used for
29.8that purpose and no other. As used in this paragraph, "state employee" includes Supreme
29.9Court justices and Court of Appeals and district court judges.
29.16The amounts that may be spent for each
29.17purpose are specified in the following
29.18subdivisions.
29.20Contingent account. $5,000 each year is for
29.21a contingent account for expenses necessary
29.22for the normal operation of the court for
29.23which no other reimbursement is provided.
29.24Maintain core justice operations. $467,000
29.25the first year and $932,000 the second year
29.26are to maintain core justice functions.
29.28Legal services to low-income clients in
29.29family law matters. Of this appropriation,
29.30$877,000 each year is to improve the
29.31access of low-income clients to legal
29.32representation in family law matters. This
29.33appropriation must be distributed under
29.34Minnesota Statutes, section 480.242, to
30.1the qualified legal services programs
30.2described in Minnesota Statutes, section
30.3480.242, subdivision 2, paragraph (a). Any
30.4unencumbered balance remaining in the first
30.5year does not cancel and is available in the
30.6second year.
30.8Transfer authority. Notwithstanding
30.9Minnesota Statutes, section 16A.285,
30.10the Judicial Council may transfer amounts
30.11relating to maintaining core justice operations
30.12from the Supreme Court under section 3 and
30.13the trial courts under section 5 as necessary
30.14to pay for salary increases for judges of the
30.15Court of Appeals under this section.
30.16Caseload increase. $1,285,000 the first
30.17year and $1,876,000 the second year are
30.18for caseload increases. This money must
30.19be used for three additional judge units, an
30.20additional staff attorney, 2.67 additional
30.21full-time equivalent law clerk positions, and
30.22for retired judges.
30.24Transfer authority. Notwithstanding
30.25Minnesota Statutes, section 16A.285, the
30.26Judicial Council may transfer amounts
30.27relating to the expansion of problem-solving
30.28courts and expanded resources for pro se
30.29litigants into the other items in this section.
30.30Guardian ad litem services. $1,260,000 the
30.31first year and $1,629,000 the second year are
30.32for guardian ad litem services.
31.1Interpreter services. $606,000 the first
31.2year and $777,000 the second year are for
31.3interpreter services.
31.4Psychological services. $1,531,000 the first
31.5year and $2,151,000 the second year are for
31.6psychological services.
31.7In forma pauperis services. $178,000 each
31.8year is for in forma pauperis services.
31.9New judge units. $1,792,000 the first year
31.10and $3,241,000 the second year are for an
31.11increase in judge units, including one trial
31.12court judge unit in the First Judicial District,
31.13one trial court judge unit in the Third Judicial
31.14District, one trial court judge unit in the
31.15Seventh Judicial District, two trial court
31.16judge units in the Ninth Judicial District,
31.17and two trial court judge units in the Tenth
31.18Judicial District. These new judge units
31.19begin on January 1, 2008. Each judge unit
31.20consists of a judge, law clerk, and court
31.21reporter.
31.22Maintain existing problem-solving courts.
31.23$1,948,000 each year is to maintain existing
31.24problem-solving courts. Of this amount,
31.25$654,000 each year is for local justice partner
31.26grants.
31.27Expansion of problem-solving courts.
31.28$648,000 the first year and $649,000
31.29the second year are to establish new
31.30problem-solving courts. Of this amount,
31.31$388,000 each year is for local justice partner
31.32grants.
31.33Expanded resources for pro se litigants.
31.34$311,000 each year is to expand resources
31.35for pro se litigants by providing a virtual
32.1self-help center on the state court Web site,
32.2public workstations in each courthouse for
32.3accessing the site, interactive software for
32.4completing forms, and telephone access to
32.5self-help staff.
32.6Maintain core justice operations.
32.7$1,471,000 the first year and $2,987,000
32.8the second year are to maintain core justice
32.9functions.
32.13Investigative and hearing costs. $125,000
32.14each year is for special investigative and
32.15hearing costs for major disciplinary actions
32.16undertaken by the board. This appropriation
32.17does not cancel. Any encumbered and
32.18unspent balances remain available for these
32.19expenditures in subsequent fiscal years.
32.21Appellate office caseload increase.
32.22$588,000 the first year and $572,000 the
32.23second year are for continuing operations
32.24of the appellate office. This money must
32.25be used for four attorney positions and
32.26one secretarial position. Of this amount,
32.27$200,000 each year is for transcript costs.
32.28Shortfall. $1,884,000 the first year and
32.29$3,803,000 the second year are to address
32.30the board's district public defense shortfall.
32.31This money must be used for past personnel
32.32cost increases, filling vacation positions,
33.1mandated increases in the employer
33.2retirement contribution, and increased costs
33.3for rent, mileage, and overhead expenses for
33.4part-time public defenders.
33.5District public defense caseload increase.
33.6$3,391,000 the first year and $3,384,000
33.7the second year are for 34 new full-time
33.8equivalent attorneys and 11 new full-time
33.9equivalent support staff positions to address
33.10caseload increases.
33.11Part-time public defenders; data entry.
33.12$531,000 the first year and $522,000 the
33.13second year are for 11 data entry clerks
33.14for multicounty districts to assist part-time
33.15public defenders with opening and closing
33.16case files and entering time and case data into
33.17the board's record-keeping system.
33.18Public defense corporations. $176,000 the
33.19first year and $223,000 the second year are
33.20for the public defense corporations.
33.21 Sec. 10. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
33.22 Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten
33.23judicial districts composed of the following named counties, respectively, in each of which
33.24districts judges shall be chosen as hereinafter specified:
33.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley;33 34 judges;
33.26and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
33.27Glencoe and one other shall be maintained at the place designated by the chief judge
33.28of the district;
33.29 2. Ramsey; 26 judges;
33.30 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
33.31Mower, and Fillmore;23 24 judges; and permanent chambers shall be maintained in
33.32Faribault, Albert Lea, Austin, Rochester, and Winona;
33.33 4. Hennepin; 60 judges;
34.1 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
34.2Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
34.3permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
34.4and Mankato;
34.5 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
34.6 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
34.7and Wadena;27 28 judges; and permanent chambers shall be maintained in Moorhead,
34.8Fergus Falls, Little Falls, and St. Cloud;
34.9 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
34.10Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
34.11chambers shall be maintained in Morris, Montevideo, and Willmar;
34.12 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
34.13Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
34.14Koochiching;22 24 judges; and permanent chambers shall be maintained in Crookston,
34.15Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
34.16 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;43
34.1745 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
34.18places designated by the chief judge of the district.
34.19EFFECTIVE DATE.This section is effective January 1, 2008.
34.20 Sec. 11. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
34.21OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
34.22 Subdivision 1. Abandonment of deposits and bail. (a) Any bail deposited with the
34.23court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
34.24court order shall be deemed abandoned and forfeited if the person entitled to refund does
34.25not file a written demand for refund with the court administrator within six months from
34.26the date when the person became entitled to the refund.
34.27 (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
34.28for cause and the court administrator shall then refund accordingly. The receipting
34.29municipality or subdivision of government shall reimburse the court administrator if the
34.30court administrator refunds the deposit upon such an order and obtains a receipt to be
34.31used as a voucher.
34.32 Subd. 2. Disposition of forfeited sums. All sums collected on any bail, bond, or
34.33recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
34.34Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
34.35support of the law library of the county. The receipt of the county treasurer to the court
35.1administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
35.2during any calendar year equal $2,500, all sums in excess of that amount shall be paid
35.3to the municipality or subdivision of government in which the violation occurred. The
35.4payments shall be made periodically but not before six months from the date of the order
35.5for forfeiture. During that six-month period, but not thereafter, any judge may set aside
35.6the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
35.7forfeited exists unless the forfeiture is not set aside within the six-month period. For the
35.8purpose of determining when the $2,500 shall have accrued to the county law library, the
35.9final forfeiture shall be deemed to occur at the end of the six-month period.
35.10EFFECTIVE DATE.This section is effective July 1, 2007.
35.11 Sec. 12. JUDGES' SALARIES.
35.12 (a) Effective July 1, 2007, and July 1, 2008, the salaries of justices of the Supreme
35.13Court, and judges of the Court of Appeals and district court are increased by five percent.
35.14 (b) Effective July 1, 2009, and July 1, 2010, the salaries of justices of the Supreme
35.15Court, and judges of the Court of Appeals and district court are increased by the average of
35.16the percentage increase in total compensation for state employees provided in negotiated
35.17collective bargaining agreements, arbitration awards, or other pay plans for fiscal year
35.182010 and fiscal year 2011 approved by the Legislative Coordinating Commission before
35.19the 2009 regular legislative session. The commissioner of employee relations shall
35.20calculate the new salaries, which shall be based on all compensation increases, including
35.21general salary adjustments, merit-based increases, and any other benefit increase provided
35.22to state employees, except insurance.
35.23 The commissioner shall calculate the new salaries, which must be expressed as
35.24percentages rounded to the nearest one-tenth of one percent, and shall report them to the
35.25governor and the chief justice of the Supreme Court.
1.3corrections initiatives, courts, public defenders, Board on Judicial Standards, and
1.4Uniform Laws Commission; creating grant programs; adding new judgeships;
1.5correcting an unintentional repeal and resuming the payment of certain bail
1.6proceeds to the municipalities and subdivisions of government in Hennepin
1.7County;amending Minnesota Statutes 2006, sections 2.722, subdivision 1;
1.8297I.06, subdivision 3; 363A.06, subdivision 1; 403.11, subdivision 1; 403.31,
1.9subdivision 1; 609.3457, subdivision 4; 609.52, subdivision 3; 609.535,
1.10subdivision 2a; 609.595, subdivisions 1, 2; proposing coding for new law in
1.11Minnesota Statutes, chapters 241; 484; 626; repealing Minnesota Statutes 2006,
1.12section 403.31, subdivision 6.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.16 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.18in this article.
| 1.28 |
Sec. 2. PUBLIC SAFETY APPROPRIATIONS. |
||||||
2.2appropriated to the agencies and for the purposes specified in this article. The
2.3appropriations are from the general fund, or another named fund, and are available for the
2.4fiscal years indicated for each purpose. The figures "2008" and "2009" used in this article
2.5mean that the appropriations listed under them are available for the fiscal year ending June
2.630, 2008, or June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second
2.7year" is fiscal year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations
2.8for the fiscal year ending June 30, 2007, are effective the day following final enactment.
2.9(b) Compensation. These appropriations, and any statutory appropriations from
2.10which state employee compensation is paid from any fund, include an amount sufficient to
2.11fund compensation increases of at least 3.25 percent of the 2007 compensation base for
2.12the first year, compounded at the rate of 3.25 percent for the second year. This amount
2.13must be used for that purpose and no other.
| 2.14 |
APPROPRIATIONS |
||||||
| 2.15 |
Available for the Year |
||||||
| 2.16 |
Ending June 30 |
||||||
| 2.17 |
2008 |
2009 |
|||||
| 2.18 |
Sec. 3. PUBLIC SAFETY |
||||||
| 2.19 |
Subdivision 1.Total Appropriation |
$ |
147,356,000 |
$ |
333,443,000 |
||
2.30purpose are specified in the following
2.31subdivisions.
| 2.32 |
Subd. 2.Emergency Management |
2,614,000 |
2,626,000 |
||||
| 2.33 |
Appropriations by Fund |
||
| 2.34 |
General |
2,545,000 |
2,555,000 |
| 2.35 |
Environmental |
69,000 |
71,000 |
| 2.36 |
Subd. 3.Criminal Apprehension |
42,625,000 |
44,481,000 |
||||
| 3.1 |
Appropriations by Fund |
||
| 3.2 |
General |
41,806,000 |
43,639,000 |
| 3.3 |
Special Revenue |
445,000 |
461,000 |
| 3.4 3.5 |
State Government Special Revenue |
7,000 |
7,000 |
| 3.6 |
Trunk Highway |
367,000 |
374,000 |
3.8Cross-Jurisdictional Criminal Activity.
3.9$93,000 each year is appropriated from the
3.10Bureau of Criminal Apprehension account in
3.11the special revenue fund for grants to local
3.12officials for the cooperative investigation of
3.13cross-jurisdictional criminal activity. Any
3.14unencumbered balance remaining in the first
3.15year does not cancel but is available for the
3.16second year.
3.17Laboratory Activities. $352,000 the first
3.18year and $368,000 the second year are
3.19appropriated from the Bureau of Criminal
3.20Apprehension account in the special revenue
3.21fund for laboratory activities.
3.22DWI Lab Analysis. Notwithstanding
3.23Minnesota Statutes, section
3.24subdivision 3
3.25$374,000 the second year are appropriated
3.26from the trunk highway fund for laboratory
3.27analysis related to driving-while-impaired
3.28cases.
3.29Forensic Scientists. $1,018,000 the first
3.30year and $1,871,000 the second year are for
3.3120 new forensic scientists in the Bureau of
3.32Criminal Apprehension Forensic Science
3.33Laboratory.
| 3.34 |
Subd. 4.Fire Marshal |
6,230,000 |
9,354,000 |
||||
4.2account in the special revenue fund.
4.3Of this amount, $3,330,000 the first year and
4.4$6,300,000 the second year are for activities
4.5under Minnesota Statutes, section 299F.012.
| 4.6 |
Subd. 5.Alcohol and Gambling Enforcement |
1,795,000 |
1,845,000 |
||||
| 4.7 |
Appropriations by Fund |
||
| 4.8 |
General |
1,645,000 |
1,692,000 |
| 4.9 |
Special Revenue |
150,000 |
153,000 |
| 4.10 |
Subd. 6.Office of Justice Programs |
38,411,000 |
38,752,000 |
||||
4.12first year and $1,900,000 the second year are
4.13for grants to the Gang and Drug Task Force.
4.14Victim Notification System. $225,000
4.15each year is for the continuation of the
4.16victim information and notification everyday
4.17(VINE) service.
4.18Squad Car Cameras. $1,000,000 the
4.19first year is for grants to enable local law
4.20enforcement agencies to make squad car
4.21camera technology upgrades or acquisitions.
4.22Of this amount, $500,000 is for a onetime
4.23grant to the city of Minneapolis.
4.24To be eligible for an acquisition grant, law
4.25enforcement agencies shall provide a 25
4.26percent match.
4.27The base budget for these grants is $500,000
4.28in fiscal year 2010 and $500,000 in fiscal
4.29year 2011.
4.30Peace Officer Overtime. $1,250,000 each
4.31year is for grants for peace officer overtime
4.32pay under Minnesota Statutes, section
4.33299A.62, subdivision 1, paragraph (b), clause
4.34(2).
5.1The commissioner shall award these grants
5.2as provided in Minnesota Statutes, section
5.3299A.62. However, the commissioner shall
5.4prioritize by awarding grants to assist law
5.5enforcement agencies with the greatest needs
5.6in terms of personnel demands and crime
5.7rates. This is a onetime appropriation.
5.8Youth Intervention Programs. $500,000
5.9each year is for youth intervention programs
5.10under Minnesota Statutes, section 299A.73.
5.11The commissioner shall use this money to
5.12make grants to help existing programs serve
5.13unmet needs in their communities and to
5.14fund new programs in underserved areas of
5.15the state.
5.16Crime Victim Support Grant. $175,000
5.17each year is for a grant to a nonprofit
5.18organization dedicated to providing
5.19immediate and long-term emotional support
5.20and practical help for the families and friends
5.21of individuals who have died by homicide,
5.22suicide, or accident.
5.23Sexual Violence. $192,000 the first year
5.24and $195,000 the second year are to increase
5.25funding for crime victim services grants to
5.26victims of sexual violence.
5.27Domestic Violence. $193,000 the first year
5.28and $195,000 the second year are to increase
5.29funding for crime victim services grants for
5.30victims of domestic violence.
5.31Administration Costs. Up to 2.5 percent
5.32of the grant funds appropriated in this
5.33subdivision may be used to administer the
5.34grant program.
| 5.35 |
Subd. 7.911 Emergency Services/ARMER |
55,681,000 |
50,385,000 |
||||
6.2government special revenue fund for 911
6.3emergency telecommunications services.
6.4Public Safety Answering Points.
6.5$13,664,000 each year is to be distributed
6.6as provided in Minnesota Statutes, section
6.7403.113, subdivision 2.
6.8Medical Resource Communication
6.9Centers. $683,000 each year is for grants
6.10to the Minnesota Emergency Medical
6.11Services Regulatory Board for the Metro
6.12East and Metro West Medical Resource
6.13Communication Centers that were in
6.14operation before January 1, 2000.
6.15ARMER Debt Service. $6,149,000 the
6.16first year and $11,853,000 the second year
6.17are to the commissioner of finance to pay
6.18debt service on revenue bonds issued under
6.19Minnesota Statutes, section 403.275.
6.20Any portion of this appropriation not needed
6.21to pay debt service in a fiscal year may be
6.22used by the commissioner of public safety to
6.23pay cash for any of the capital improvements
6.24for which bond proceeds were appropriated
6.25by Laws 2005, chapter 136, article 1, section
6.269, subdivision 8; or in subdivision 8.
6.27The base for this appropriation is $17,557,000
6.28in fiscal year 2010 and $23,261,000 in fiscal
6.29year 2011.
6.30Metropolitan Council Debt Service.
6.31$1,410,000 each year is to the commissioner
6.32of finance for payment to the Metropolitan
6.33Council for debt service on bonds issued
6.34under Minnesota Statutes, section 403.27.
7.1ARMER Improvements. $1,000,000 each
7.2year is for the Statewide Radio Board for
7.3costs of design, construction, maintenance
7.4of, and improvements to those elements
7.5of the statewide public safety radio and
7.6communication system that support mutual
7.7aid communications and emergency medical
7.8services or provide interim enhancement of
7.9public safety communication interoperability
7.10in those areas of the state where the statewide
7.11public safety radio and communication
7.12system is not yet implemented.
7.13ARMER Interoperability Planning.
7.14$323,000 each year is to provide funding
7.15to coordinate and plan for communication
7.16interoperability between public safety
7.17entities.
7.18ARMER State Backbone Operating Costs.
7.19$3,110,000 each year is to the commissioner
7.20of transportation for costs of maintaining and
7.21operating the first and third phases of the
7.22statewide radio system backbone. The base
7.23for this appropriation is $5,060,000 in fiscal
7.24year 2010 and $5,060,000 in fiscal year 2011
7.25to provide funding to operate one additional
7.26phase of the system.
7.27Zone Controller. $5,400,000 the first year
7.28is a onetime appropriation to upgrade zone
7.29controllers and network elements in phases
7.30one and two of the statewide radio system.
7.31Advance Project Development. $3,750,000
7.32the first year is a onetime appropriation for
7.33site acquisition and site development work
7.34for the remaining phases of the statewide
7.35radio system. This appropriation is available
8.1until June 30, 2010. This appropriation is to
8.2the commissioner of public safety for transfer
8.3to the commissioner of transportation.
8.4System Design. $1,850,000 the first year is a
8.5onetime appropriation to complete detailed
8.6design and planning of the remaining
8.7phases of the statewide radio system.
8.8The commissioner of public safety and
8.9the commissioner of transportation shall
8.10determine the scope of the study, after
8.11consulting with the Statewide Radio Board,
8.12the commissioner of administration, and the
8.13state chief information officer. The study
8.14must address the system design for the
8.15state backbone and implications for local
8.16coverage, how data can be integrated, and
8.17whether other public safety communication
8.18networks can be integrated with the state
8.19backbone. The study must estimate the
8.20full cost of completing the state backbone
8.21to specified standards, the cost of local
8.22subsystems, and the potential advantages
8.23of using a request for proposal approach
8.24to solicit private sector participation in the
8.25project. The study must include a financial
8.26analysis of whether the estimated revenue
8.27from increasing the 911 fee by up to 30
8.28cents will cover the estimated debt service
8.29of revenue bonds issued to finance the cost
8.30of completing the statewide radio system
8.31and a portion of the cost up to 50 percent
8.32for local subsystems. The study must also
8.33review the project organizational structure
8.34and governance.
| 8.35 |
Subd. 8.ARMER Public Safety |
186,000,000 |
|||||
9.2appropriations in this subdivision are from
9.3the 911 revenue bond proceeds account
9.4for the purposes indicated, to be available
9.5until the project is completed or abandoned,
9.6subject to Minnesota Statutes, section
9.716A.642.
9.8The appropriations are to the commissioner
9.9of public safety for transfer to the
9.10commissioner of transportation to construct
9.11the system backbone of the public safety
9.12radio and communication system plan under
9.13Minnesota Statutes, section 403.36.
9.14$62,000,000 of this appropriation is for
9.15the second year. $62,000,000 of this
9.16appropriation is available on or after July 1,
9.172009. $62,000,000 of this appropriation is
9.18available on or after July 1, 2010.
9.19The commissioner of public safety and the
9.20commissioner of transportation shall certify
9.21to the chairs of the house Public Safety
9.22Finance Division of the Finance Committee
9.23and the senate Public Safety Budget Division
9.24of the Finance Committee that the detailed
9.25design has been completed and that the
9.26financial analysis finds that sufficient revenue
9.27will be generated by proposed changes in the
9.28911 fee to cover all estimated debt service
9.29on revenue bonds proposed to be issued to
9.30complete the system before the appropriation
9.31is made available. The commissioner of
9.32finance shall not approve any fee increase
9.33under Minnesota Statutes, section 403.11,
9.34subdivision 1, paragraph (c), until this
9.35certification is made.
10.1Bond Sale Authorization. To provide the
10.2money appropriated in this subdivision,
10.3the commissioner of finance shall sell and
10.4issue bonds of the state in an amount up to
10.5$186,000,000 in the manner, upon the terms,
10.6and with the effect prescribed by Minnesota
10.7Statutes, section 403.275.
| 10.8 10.9 |
Sec. 4. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
4,573,000 |
$ |
4,616,000 |
||
10.11appropriation is from the peace officer
10.12training account in the special revenue fund.
10.13Any new receipts credited to that account in
10.14the first year in excess of $4,573,000 must be
10.15transferred and credited to the general fund.
10.16Any new receipts credited to that account in
10.17the second year in excess of $4,616,000 must
10.18be transferred and credited to the general
10.19fund.
10.20Peace Officer Training Reimbursements.
10.21$3,234,000 the first year and $3,242,000
10.22the second year are for reimbursements to
10.23local governments for peace officer training
10.24costs. Of these amounts, the board may use
10.25up to $50,000 the first year to comply with
10.26Minnesota Statutes, section 626.8444.
| 10.27 10.28 |
Sec. 5. BOARD OF PRIVATE DETECTIVES AND PROTECTIVE AGENT SERVICES |
$ |
129,000 |
$ |
133,000 |
||
| 10.29 |
Sec. 6. HUMAN RIGHTS |
$ |
4,993,000 |
$ |
3,749,000 |
||
10.31$1,403,000 the first year and $55,000 the
10.32second year are for the replacement of
10.33the department's tracking and compliance
11.1databases with a management information
11.2system.
| 11.3 |
Sec. 7. DEPARTMENT OF CORRECTIONS |
||||||
| 11.4 |
Subdivision 1.Total Appropriation |
$ |
457,472,000 |
$ |
471,680,000 |
||
| 11.5 |
Appropriations by Fund |
||
| 11.6 |
2008 |
2009 |
|
| 11.7 |
General |
456,582,000 |
470,790,000 |
| 11.8 |
Special Revenue |
890,000 |
890,000 |
11.10purpose are specified in the following
11.11subdivisions.
| 11.12 |
Subd. 2.Correctional Institutions |
321,881,000 |
334,406,000 |
||||
| 11.13 |
Appropriations by Fund |
||
| 11.14 |
General |
321,301,000 |
333,826,000 |
| 11.15 |
Special Revenue |
580,000 |
580,000 |
11.17commissioner contracts with other states,
11.18local units of government, or the federal
11.19government to rent beds in the Rush City
11.20Correctional Facility, the commissioner shall
11.21charge a per diem under the contract, to the
11.22extent possible, that is equal to or greater
11.23than the per diem cost of housing Minnesota
11.24inmates in the facility.
11.25Notwithstanding any law to the contrary, the
11.26commissioner may use per diems collected
11.27under contracts for beds at MCF-Rush City
11.28to operate the state correctional system.
11.29Offender Reentry Services. $400,000
11.30each year is for increased funding for
11.31expansion of offender reentry services in the
11.32institutions and staffing for the Department
11.33of Corrections MCORP program.
| 11.34 |
Subd. 3.Community Services |
118,046,000 |
119,287,000 |
||||
| 12.1 |
Appropriations by Fund |
||
| 12.2 |
General |
117,946,000 |
119,187,000 |
| 12.3 |
Special Revenue |
100,000 |
100,000 |
12.5Program. $600,000 the first year and
12.6$1,000,000 the second year are for intensive
12.7supervised release agents for the challenge
12.8incarceration program.
12.9ISR Agents, Conditional Release Program.
12.10$300,000 each year is for intensive supervised
12.11release agents for the conditional release
12.12program. This is a onetime appropriation.
12.13Sex Offenders, Civil Commitment and
12.14Tracking. $200,000 each year is to fund a
12.15legal representative for civil commitments
12.16and to manage and track sex offenders.
12.17Probation Supervision, CCA System.
12.18$2,800,000 each year is added to the
12.19Community Corrections Act subsidy,
12.20Minnesota Statutes, section 401.14.
12.21Probation Supervision, CPO System.
12.22$600,000 each year is added to the county
12.23probation officers reimbursement base.
12.24Probation Supervision, DOC System.
12.25$600,000 each year is for the Department of
12.26Corrections probation and supervised release
12.27unit.
12.28Sex Offender Management and Treatment.
12.29$1,000,000 each year is for adult felon and
12.30juvenile sex offender management to be
12.31distributed statewide by the Community
12.32Corrections Act formula under Minnesota
12.33Statutes, section 401.10, and to increase
13.1funding for providing treatment for sex
13.2offenders on community supervision.
13.3Sex Offender Assessments. $75,000 each
13.4year is to increase funding to reimburse
13.5counties or their designees, or courts, for
13.6sex offender assessments under Minnesota
13.7Statutes, section 609.3457.
13.8Sentencing to Service. $300,000 each
13.9year is to increase funding for sentencing
13.10to service activities such as highway litter
13.11cleanup.
13.12Short-term Offenders. $2,500,000 each
13.13year is to increase funding for the costs
13.14associated with the housing and care of
13.15short-term offenders. The commissioner may
13.16use up to 20 percent of the total amount of the
13.17appropriation for inpatient medical care for
13.18short-term offenders. All funds remaining at
13.19the end of the fiscal year not expended for
13.20inpatient medical care must be added to and
13.21distributed with the housing funds. These
13.22funds must be distributed proportionately
13.23based on the total number of days short-term
13.24offenders are placed locally, not to exceed
13.25$70 per day.
13.26The department is exempt from the state
13.27contracting process for the purposes of
13.28paying short-term offender costs relating to
13.29Minnesota Statutes, section 609.105.
13.30Offender Reentry Service. $950,000 each
13.31year is for offender job-seeking services,
13.32evidence-based research, expansion of
13.33reentry services specific to juveniles,
13.34and funding to local units of government
14.1participating in MCORP to provide reentry
14.2programming to offenders.
14.3Offender Reentry Grants. $650,000 each
14.4year is for grants to nonprofit organizations
14.5to provide reentry services to offenders being
14.6released from incarceration.
14.7Employment Services for Ex-offenders.
14.8$238,000 the first year and $237,000 the
14.9second year are for grants to a nonprofit
14.10organization to establish a pilot project to
14.11provide employment services to ex-criminal
14.12offenders living in the North Minneapolis
14.13community. The pilot project must
14.14provide the ex-offender participants with
14.15a continuum of employment services that
14.16identifies their needs; intervenes with
14.17them through case management if they
14.18are struggling; and provides them with
14.19work readiness, skill training, chemical and
14.20mental health referrals, housing support,
14.21job placement, work experience, and job
14.22retention support. The pilot project shall
14.23work with community corrections officials,
14.24faith-based organizations, and businesses to
14.25create an array of support opportunities for
14.26the participants.
14.27By January 15, 2010, the commissioner
14.28shall report to the chairs and ranking
14.29minority members of the senate and
14.30house of representatives committees and
14.31divisions having jurisdiction over criminal
14.32justice policy and funding on the activities
14.33conducted by the grant recipient and the
14.34effectiveness of the pilot project.
15.1Mentoring Grants. $500,000 each year
15.2is for mentoring grants under Minnesota
15.3Statutes, section 241.90. The grant recipient
15.4shall collaborate with the parks and
15.5recreation departments of the cities of St.
15.6Paul and Minneapolis and may reimburse the
15.7departments for the use of their facilities by
15.8the grant recipient.
| 15.9 |
Subd. 4.Operations Support |
17,545,000 |
17,987,000 |
||||
| 15.10 |
Appropriations by Fund |
||
| 15.11 |
General |
17,335,000 |
17,777,000 |
| 15.12 |
Special Revenue |
210,000 |
210,000 |
| 15.13 |
Sec. 8. SENTENCING GUIDELINES |
$ |
705,000 |
$ |
611,000 |
||
15.15the first year is for the Collateral Sanctions
15.16Committee described in article 2, section
15.1713. This money must be used for staffing,
15.18conducting research, conducting public
15.19hearings, reimbursing committee members
15.20for reasonable expenses, and for the required
15.21report.
15.22Changes to Grid for Controlled Substance
15.23Offenses. The commission shall propose
15.24changes to the sentencing guidelines
15.25grid for controlled substance offenses.
15.26The proposal must make presumptive
15.27sentences for controlled substance offenses
15.28proportional with similarly severe offenses
15.29in Minnesota and proportional with similar
15.30controlled substance offenses from the
15.31federal government and other states in the
15.32Upper Midwest, including Iowa, North
15.33Dakota, South Dakota, and Wisconsin. The
15.34commission shall include the proposed
15.35changes in its 2008 report to the legislature.
16.3 Section 1. [241.90] MENTORING GRANT FOR CHILDREN OF
16.4INCARCERATED PARENTS.
16.5 Subdivision 1. Mentoring grant. The commissioner of corrections may award a
16.6grant to a nonprofit organization that is located in the greater Twin Cities area and provides
16.7one-to-one mentoring relationships to youth enrolled between the ages of seven to 13
16.8whose parent or other significant family member is incarcerated in a county workhouse,
16.9county jail, state prison, or other type of correctional facility or is subject to correctional
16.10supervision. The intent of the grant is to provide children with adult mentors to strengthen
16.11developmental outcomes, including enhanced self-confidence and esteem; improved
16.12academic performance; and improved relationships with peers, family, and other adults
16.13that may prevent them from entering the juvenile justice system.
16.14 Subd. 2. Grant criteria. As a condition of receiving the grant, the grant recipient
16.15shall do the following:
16.16 (1) collaborate with other organizations that have a demonstrated history of
16.17providing services to youth and families in disadvantaged situations;
16.18 (2) implement procedures to ensure that 100 percent of the mentors pose no safety
16.19risk to the child and have the skills to participate in a mentoring relationship;
16.20 (3) provide enhanced training to mentors focusing on asset building and family
16.21dynamics when a parent is incarcerated; and
16.22 (4) provide an individual family plan and aftercare.
16.23 Subd. 3. Program evaluation. The grant recipient shall submit an evaluation plan
16.24to the commissioner delineating the program and student outcome goals and activities
16.25implemented to achieve the stated outcomes. The goals must be clearly stated and
16.26measurable. The grant recipient shall collect, analyze, and report on participation and
16.27outcome data that enable the department to verify that the program goals were met.
16.28EFFECTIVE DATE.This section is effective July 1, 2007.
16.29 Sec. 2. Minnesota Statutes 2006, section 297I.06, subdivision 3, is amended to read:
16.30 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
16.31be known as the fire safety account, is created in the state treasury. The account consists of
16.32the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008 and $2,268,000 in
16.33each year thereafter is transferred from the fire safety account in the special revenue fund
17.1to the general fund to offset the loss of revenue caused by the repeal of the one-half of one
17.2percent tax on fire insurance premiums.
17.3
17.4
17.5
17.6EFFECTIVE DATE.This section is effective July 1, 2007.
17.7 Sec. 3. Minnesota Statutes 2006, section 363A.06, subdivision 1, is amended to read:
17.8 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
17.9policies to effectuate the purposes of this chapter and shall do the following:
17.10 (1) exercise leadership under the direction of the governor in the development of
17.11human rights policies and programs, and make recommendations to the governor and the
17.12legislature for their consideration and implementation;
17.13 (2) establish and maintain a principal office in St. Paul, and any other necessary
17.14branch offices at any location within the state;
17.15 (3) meet and function at any place within the state;
17.16 (4) employ attorneys, clerks, and other employees and agents as the commissioner
17.17may deem necessary and prescribe their duties;
17.18 (5) to the extent permitted by federal law and regulation, utilize the records of the
17.19Department of Employment and Economic Development of the state when necessary
17.20to effectuate the purposes of this chapter;
17.21 (6) obtain upon request and utilize the services of all state governmental departments
17.22and agencies;
17.23 (7) adopt suitable rules for effectuating the purposes of this chapter;
17.24 (8) issue complaints, receive and investigate charges alleging unfair discriminatory
17.25practices, and determine whether or not probable cause exists for hearing;
17.26 (9) subpoena witnesses, administer oaths, take testimony, and require the production
17.27for examination of any books or papers relative to any matter under investigation or in
17.28question as the commissioner deems appropriate to carry out the purposes of this chapter;
17.29 (10) attempt, by means of education, conference, conciliation, and persuasion to
17.30eliminate unfair discriminatory practices as being contrary to the public policy of the state;
17.31 (11) develop and conduct programs of formal and informal education designed to
17.32eliminate discrimination and intergroup conflict by use of educational techniques and
17.33programs the commissioner deems necessary;
17.34 (12) make a written report of the activities of the commissioner to the governor
17.35each year;
18.1 (13) accept gifts, bequests, grants, or other payments public and private to help
18.2finance the activities of the department;
18.3 (14) create such local and statewide advisory committees as will in the
18.4commissioner's judgment aid in effectuating the purposes of the Department of Human
18.5Rights;
18.6 (15) develop such programs as will aid in determining the compliance throughout
18.7the state with the provisions of this chapter, and in the furtherance of such duties, conduct
18.8research and study discriminatory practices based upon race, color, creed, religion,
18.9national origin, sex, age, disability, marital status, status with regard to public assistance,
18.10familial status, sexual orientation, or other factors and develop accurate data on the nature
18.11and extent of discrimination and other matters as they may affect housing, employment,
18.12public accommodations, schools, and other areas of public life;
18.13 (16) develop and disseminate technical assistance to persons subject to the provisions
18.14of this chapter, and to agencies and officers of governmental and private agencies;
18.15 (17) provide staff services to such advisory committees as may be created in aid of
18.16the functions of the Department of Human Rights;
18.17 (18) make grants in aid to the extent that appropriations are made available for that
18.18purpose in aid of carrying out duties and responsibilities; and
18.19 (19) cooperate and consult with the commissioner of labor and industry regarding
18.20the investigation of violations of, and resolution of complaints regarding section
18.21subdivision 7
18.22 In performing these duties, the commissioner shall give priority to those duties in
18.23clauses (8), (9), and (10) and to the duties in section
18.24 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
18.25paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
18.26account. Money in the account is appropriated to the commissioner of human rights to
18.27help finance activities of the department.
18.28EFFECTIVE DATE.This section is effective July 1, 2007.
18.29 Sec. 4. Minnesota Statutes 2006, section 403.11, subdivision 1, is amended to read:
18.30 Subdivision 1. Emergency telecommunications service fee; account. (a) Each
18.31customer of a wireless or wire-line switched or packet-based telecommunications service
18.32provider connected to the public switched telephone network that furnishes service capable
18.33of originating a 911 emergency telephone call is assessed a fee based upon the number
18.34of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
18.35maintenance and related improvements for trunking and central office switching equipment
19.1for 911 emergency telecommunications service, to offset administrative and staffing costs
19.2of the commissioner related to managing the 911 emergency telecommunications service
19.3program, to make distributions provided for in section
19.4including administrative and staffing costs, incurred by the State Patrol Division of the
19.5Department of Public Safety in handling 911 emergency calls made from wireless phones.
19.6 (b) Money remaining in the 911 emergency telecommunications service account
19.7after all other obligations are paid must not cancel and is carried forward to subsequent
19.8years and may be appropriated from time to time to the commissioner to provide financial
19.9assistance to counties for the improvement of local emergency telecommunications
19.10services. The improvements may include providing access to 911 service for
19.11telecommunications service subscribers currently without access and upgrading existing
19.12911 service to include automatic number identification, local location identification,
19.13automatic location identification, and other improvements specified in revised county
19.14911 plans approved by the commissioner.
19.15 (c) The fee may not be less than eight cents nor more than 65 cents a month until
19.16June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
19.172009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
19.18not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
19.19each customer access line or other basic access service, including trunk equivalents as
19.20designated by the Public Utilities Commission for access charge purposes and including
19.21wireless telecommunications services. With the approval of the commissioner of finance,
19.22the commissioner of public safety shall establish the amount of the fee within the limits
19.23specified and inform the companies and carriers of the amount to be collected. When the
19.24revenue bonds authorized under section
19.25defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
19.26no longer needed. The commissioner shall provide companies and carriers a minimum of
19.2745 days' notice of each fee change. The fee must be the same for all customers.
19.28 (d) The fee must be collected by each wireless or wire-line telecommunications
19.29service provider subject to the fee. Fees are payable to and must be submitted to the
19.30commissioner monthly before the 25th of each month following the month of collection,
19.31except that fees may be submitted quarterly if less than $250 a month is due, or annually if
19.32less than $25 a month is due. Receipts must be deposited in the state treasury and credited
19.33to a 911 emergency telecommunications service account in the special revenue fund. The
19.34money in the account may only be used for 911 telecommunications services.
19.35 (e) This subdivision does not apply to customers of interexchange carriers.
20.1 (f) The installation and recurring charges for integrating wireless 911 calls into
20.2enhanced 911 systems are eligible for payment by the commissioner if the 911 service
20.3provider is included in the statewide design plan and the charges are made pursuant to
20.4contract.
20.5 (g) Competitive local exchanges carriers holding certificates of authority from the
20.6Public Utilities Commission are eligible to receive payment for recurring 911 services.
20.7EFFECTIVE DATE.This section is effective July 1, 2007.
20.8 Sec. 5. Minnesota Statutes 2006, section 403.31, subdivision 1, is amended to read:
20.9 Subdivision 1. Allocation of operating costs.
20.10
20.11
20.12
20.13
20.14
20.15
20.16
20.17
20.18not otherwise appropriated in operating the statewide public safety radio communication
20.19system shall be allocated among and paid by the following users, all in accordance with
20.20the statewide public safety radio communication system plan under section 403.36:
20.21 (1) the state of Minnesota for its operations using the system;
20.22 (2) all local government units using the system; and
20.23 (3) other eligible users of the system.
20.24 (b) Each local government and other eligible users of the system shall pay to
20.25the commissioner all sums charged under this section, at the times and in the manner
20.26determined by the commissioner. The governing body of each local government shall
20.27take all action necessary to provide the money required for these payments and to make
20.28the payments when due.
20.29EFFECTIVE DATE.This section is effective July 1, 2007.
20.30 Sec. 6. Minnesota Statutes 2006, section 609.3457, subdivision 4, is amended to read:
20.31 Subd. 4. Definition. As used in this section, "sex offense" means a violation
20.32of section 609.294; 609.322, subdivision 1; 609.324, subdivision 1;
21.11
21.2based on one or more of those sections.
21.3EFFECTIVE DATE.This section is effective July 1, 2007, and applies to crimes
21.4committed on or after that date.
21.5 Sec. 7. Minnesota Statutes 2006, section 609.52, subdivision 3, is amended to read:
21.6 Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
21.7(1) to imprisonment for not more than 20 years or to payment of a fine of not more
21.8than $100,000, or both, if the property is a firearm, or the value of the property or services
21.9stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
21.10(3), (4), (15), or (16); or
21.11(2) to imprisonment for not more than ten years or to payment of a fine of not more
21.12than $20,000, or both, if the value of the property or services stolen exceeds
21.13$5,000, or if the property stolen was an article representing a trade secret, an explosive or
21.14incendiary device, or a controlled substance listed in schedule I or II pursuant to section
21.16(3) to imprisonment for not more than five years or to payment of a fine of not more
21.17than $10,000, or both, if any of the following circumstances exist:
21.18(a) the value of the property or services stolen is more than
21.19more than
21.20(b) the property stolen was a controlled substance listed in schedule III, IV, or V
21.21pursuant to section
21.22(c) the value of the property or services stolen is more than
21.23than
21.24offense under this section, section
21.25subdivision 1
21.26state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
21.27and the person received a felony or gross misdemeanor sentence for the offense, or a
21.28sentence that was stayed under section
21.29would allow imposition of a felony or gross misdemeanor sentence; or
21.30(d) the value of the property or services stolen is not more than
21.31any of the following circumstances exist:
21.32(i) the property is taken from the person of another or from a corpse, or grave or
21.33coffin containing a corpse; or
22.1(ii) the property is a record of a court or officer, or a writing, instrument or record
22.2kept, filed or deposited according to law with or in the keeping of any public officer or
22.3office; or
22.4(iii) the property is taken from a burning, abandoned, or vacant building or upon its
22.5removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
22.6or the proximity of battle; or
22.7(iv) the property consists of public funds belonging to the state or to any political
22.8subdivision or agency thereof; or
22.9(v) the property stolen is a motor vehicle; or
22.10(4) to imprisonment for not more than one year or to payment of a fine of not more
22.11than $3,000, or both, if the value of the property or services stolen is more than
22.12but not more than
22.13(5) in all other cases where the value of the property or services stolen is
22.14$500 or less, to imprisonment for not more than 90 days or to payment of a fine of not
22.15more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
22.16clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
22.17by the defendant in violation of any one or more of the above provisions within any
22.18six-month period may be aggregated and the defendant charged accordingly in applying
22.19the provisions of this subdivision; provided that when two or more offenses are committed
22.20by the same person in two or more counties, the accused may be prosecuted in any county
22.21in which one of the offenses was committed for all of the offenses aggregated under
22.22this paragraph.
22.23EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
22.24committed on or after that date.
22.25 Sec. 8. Minnesota Statutes 2006, section 609.535, subdivision 2a, is amended to read:
22.26 Subd. 2a. Penalties. (a) A person who is convicted of issuing a dishonored check
22.27under subdivision 2 may be sentenced as follows:
22.28(1) to imprisonment for not more than five years or to payment of a fine of not more
22.29than $10,000, or both, if the value of the dishonored check, or checks aggregated under
22.30paragraph (b), is more than
22.31(2) to imprisonment for not more than one year or to payment of a fine of not more
22.32than $3,000, or both, if the value of the dishonored check, or checks aggregated under
22.33paragraph (b), is more than
23.1(3) to imprisonment for not more than 90 days or to payment of a fine of not more
23.2than $1,000, or both, if the value of the dishonored check, or checks aggregated under
23.3paragraph (b), is not more than
23.4(b) In a prosecution under this subdivision, the value of dishonored checks issued
23.5by the defendant in violation of this subdivision within any six-month period may be
23.6aggregated and the defendant charged accordingly in applying this section. When two or
23.7more offenses are committed by the same person in two or more counties, the accused
23.8may be prosecuted in any county in which one of the dishonored checks was issued for all
23.9of the offenses aggregated under this paragraph.
23.10EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
23.11committed on or after that date.
23.12 Sec. 9. Minnesota Statutes 2006, section 609.595, subdivision 1, is amended to read:
23.13 Subdivision 1. Criminal damage to property in the first degree. Whoever
23.14intentionally causes damage to physical property of another without the latter's consent
23.15may be sentenced to imprisonment for not more than five years or to payment of a fine of
23.16not more than $10,000, or both, if any of the following circumstances exist:
23.17(1) the damage to the property caused a reasonably foreseeable risk of bodily
23.18harm; or
23.19(2) the property damaged belongs to a common carrier and the damage impairs the
23.20service to the public rendered by the carrier; or
23.21(3) the damage reduces the value of the property by more than
23.22by the cost of repair and replacement; or
23.23(4) the damage reduces the value of the property by more than
23.24by the cost of repair and replacement and the defendant has been convicted within the
23.25preceding three years of an offense under this subdivision or subdivision 2.
23.26In any prosecution under clause (3), the value of any property damaged by the
23.27defendant in violation of that clause within any six-month period may be aggregated and
23.28the defendant charged accordingly in applying the provisions of this section; provided that
23.29when two or more offenses are committed by the same person in two or more counties, the
23.30accused may be prosecuted in any county in which one of the offenses was committed for
23.31all of the offenses aggregated under this paragraph.
23.32EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
23.33committed on or after that date.
24.1 Sec. 10. Minnesota Statutes 2006, section 609.595, subdivision 2, is amended to read:
24.2 Subd. 2. Criminal damage to property in the third degree. (a) Except as
24.3otherwise provided in subdivision 1a, whoever intentionally causes damage to another
24.4person's physical property without the other person's consent may be sentenced to
24.5imprisonment for not more than one year or to payment of a fine of not more than $3,000,
24.6or both, if the damage reduces the value of the property by more than
24.7more than
24.8(b) Whoever intentionally causes damage to another person's physical property
24.9without the other person's consent because of the property owner's or another's actual or
24.10perceived race, color, religion, sex, sexual orientation, disability as defined in section
24.12year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
24.13value of the property by not more than
24.14(c) In any prosecution under paragraph (a), the value of property damaged by the
24.15defendant in violation of that paragraph within any six-month period may be aggregated
24.16and the defendant charged accordingly in applying this section. When two or more
24.17offenses are committed by the same person in two or more counties, the accused may
24.18be prosecuted in any county in which one of the offenses was committed for all of the
24.19offenses aggregated under this paragraph.
24.20EFFECTIVE DATE.This section is effective August 1, 2007, and applies to crimes
24.21committed on or after that date.
24.22 Sec. 11. [626.8444] DOMESTIC ABUSE IN-SERVICE TRAINING; MINIMUM
24.23REQUIREMENTS.
24.24 (a) The board shall analyze the issuance and enforcement of domestic abuse no
24.25contact orders between July 1, 2006, and June 30, 2007. Taking into account this analysis,
24.26the board shall determine the items that, at a minimum, must be addressed in in-service
24.27training courses that instruct peace officers in issues relating to domestic abuse. At a
24.28minimum, the courses must provide instruction in the laws relating to domestic abuse no
24.29contact orders and address how best to coordinate law enforcement resources relating
24.30to them.
24.31 (b) Beginning on January 1, 2008, the board may not approve an in-service training
24.32course relating to domestic abuse that does not comply with this section.
24.33EFFECTIVE DATE.This section is effective July 1, 2007.
25.1 Sec. 12. STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.
25.2 Subdivision 1. Study. The Criminal and Juvenile Justice Information Policy Group
25.3described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues
25.4involved with the automatic sealing of arrest records for persons who are not subsequently
25.5convicted of an offense related to the arrest and expungement of conviction records. The
25.6policy group shall use the following framework. The policy group shall assume that arrest
25.7records of individuals who are not subsequently convicted of an offense relating to the
25.8arrest should be automatically sealed. The policy group shall address issues related to
25.9implementing this concept under the framework below:
25.10 (1) arrest data not leading to a referral for prosecution shall be sealed by the arresting
25.11law enforcement agency on the expiration of 180 days from the date of the arrest. The
25.12arresting agency shall also notify all other criminal justice agencies to which it has
25.13transmitted the data that the data in their possession shall be sealed;
25.14 (2) upon a declination of charges or upon successful completion of a precharge
25.15diversion program, arrest and prosecution data shall thereafter be sealed. It shall be the
25.16responsibility of the prosecuting agency to seal the prosecution data pertaining to the
25.17action and to notify the superintendent of the Bureau of Criminal Apprehension, and the
25.18heads of all appropriate law enforcement agencies that the records related to the action
25.19shall be sealed;
25.20 (3)(i) upon a favorable resolution as defined below all criminal justice agency and
25.21court records pertaining to the action shall thereafter be sealed. A favorable resolution
25.22means the following:
25.23 (A) charges against a person were dismissed without a plea of guilt;
25.24 (B) the person was acquitted;
25.25 (C) charges against the person were dismissed pursuant to a continuance for
25.26dismissal or a stay of adjudication;
25.27 (D) charges against the person were dismissed upon successful completion of a
25.28pretrial diversion program with or without a plea of guilt; and
25.29 (E) upon the dismissal and discharge of proceedings against a person under
25.30Minnesota Statutes, section 152.18; and
25.31 (ii) it shall be the responsibility of the clerk of courts to seal the judicial records
25.32pertaining to the action, and to notify the superintendent of the Bureau of Criminal
25.33Apprehension, the Department of Corrections, the prosecuting attorney, and the heads of
25.34all appropriate law enforcement agencies that the criminal justice agency records related
25.35to the action shall be sealed;
26.1 (4) automatically sealed data shall be transmittable between criminal justice agencies
26.2and the courts. Sealed records shall be available to evaluate a prospective employee in a
26.3criminal justice agency;
26.4 (5) data relating to arrests, charges, or convictions for the following crimes shall not
26.5be automatically sealed:
26.6 (i) domestic abuse data, as defined in Minnesota Statutes, section 13.82, subdivision
26.75, and to court and prosecution data related to a domestic abuse charge;
26.8 (ii) data for crime victims as defined in Minnesota Statutes, section 13.82,
26.9subdivision 13; and
26.10 (iii) arrests or charges for crimes listed in Minnesota Statutes, section 364.09,
26.11paragraph (a), clauses (1) to (3); and
26.12 (6) the provisions of an automatic sealing statute shall not affect or repeal Minnesota
26.13Statutes, chapter 609A, or Minnesota Statutes, section 299C.11.
26.14The policy group shall review how other states address the sealing of arrest records and
26.15determine best practices in this area. The policy group may make recommendations on
26.16changes to the policy framework set out above that are deemed advisable, including
26.17compromise proposals. The policy group shall specifically address technical and
26.18institutional roadblocks, if any, to implement the framework set out above and propose
26.19solutions to these roadblocks. In addition, the policy group shall estimate the state and
26.20local fiscal costs, if any, of automatically sealing these records.
26.21 Subd. 2. Consultation. The policy group shall consult with and seek advice from
26.22the individuals associated with the background checks and expungements delivery team,
26.23the Collateral Consequences Committee, and the Council on Crime and Justice.
26.24 Subd. 3. Definition. As used in this section, "arrest records" include all records
26.25relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension,
26.26and prosecution records.
26.27 Subd. 4. Report. By January 15, 2008, the policy group shall report its findings and
26.28recommendations to the chairs and ranking minority members of the senate and house of
26.29representatives committees having jurisdiction over criminal justice policy. The report
26.30must include recommended statutory language to best implement the intent of the policy
26.31framework set out above, a summary of the practices of other states on the sealing of
26.32arrest records, and a finding on best practices in this area.
26.33EFFECTIVE DATE.This section is effective the day following final enactment.
26.34 Sec. 13. COLLATERAL SANCTIONS COMMITTEE.
27.1 Subdivision 1. Establishment; duties. The Collateral Sanctions Committee shall
27.2study issues related to collateral sanctions. Specifically, the committee shall study how
27.3collateral sanctions are addressed in other states and determine best practices on this.
27.4In addition, the committee shall study issues relating to how criminal convictions and
27.5adjudications affect an individual's employment and professional licensing opportunities
27.6in Minnesota. The committee shall consider the policy implications of providing a
27.7process to allow individuals currently prohibited from certain types of employment or
27.8professional licensing because of a criminal record to seek a waiver. The committee shall
27.9make recommendations on changes in law and policy it deems appropriate in this area.
27.10By January 15, 2008, the committee shall report its findings and recommendations to the
27.11chairs and ranking minority members of the committees having jurisdiction over criminal
27.12justice policy in the senate and house of representatives.
27.13 Subd. 2. Resources. The Sentencing Guidelines Commission shall provide technical
27.14and research assistance to the committee, with the assistance of the commissioner of
27.15public safety and the commissioner of corrections.
27.16 Subd. 3. Membership. The committee consists of the following:
27.17 (1) the executive director of the Sentencing Guidelines Commission, who shall serve
27.18as the committee's chair and convening authority;
27.19 (2) the commissioner of public safety, or designee;
27.20 (3) the commissioner of corrections, or designee;
27.21 (4) the attorney general, or designee;
27.22 (5) the state public defender, or designee;
27.23 (6) a crime victim's advocate, appointed by the commissioner of public safety;
27.24 (7) a county attorney, appointed by the Minnesota County Attorneys Association;
27.25 (8) a city attorney, appointed by the League of Minnesota Cities;
27.26 (9) a district court judge, appointed by the Judicial Council;
27.27 (10) a private criminal defense attorney, appointed by the Minnesota Association of
27.28Criminal Defense Lawyers;
27.29 (11) a probation officer, appointed by the Minnesota Association of County
27.30Probation Officers;
27.31 (12) two peace officers, one appointed by the Minnesota Sheriffs' Association and
27.32the other appointed by the Minnesota Chiefs of Police Association;
27.33 (13) two members with knowledge of housing issues, one of whom is a landlord and
27.34the other a tenant, appointed by the commissioner of public safety;
27.35 (14) a member from the employment industry, appointed by the commissioner of
27.36public safety;
28.1 (15) a member from a community crime prevention organization, appointed by the
28.2commissioner of public safety;
28.3 (16) a member from a community of color, appointed by the commissioner of
28.4public safety;
28.5 (17) a member who is an ex-criminal offender, appointed by the commissioner of
28.6public safety; and
28.7 (18) a member from an agency that provides reentry services to offenders being
28.8released from incarceration, appointed by the commissioner of public safety.
28.9 Subd. 4. Expenses; expiration. The provisions of Minnesota Statutes, section
28.1015.059, apply to the committee. The committee expires on January 15, 2008.
28.11 Subd. 5. Definition. As used in this section, "collateral sanctions" has the meaning
28.12given in Minnesota Statutes, section 609B.050, subdivision 1.
28.13EFFECTIVE DATE.This section is effective the day following final enactment.
28.14 Sec. 14. REPEALER.
28.15Minnesota Statutes 2006, section 403.31, subdivision 6, is repealed.
28.16EFFECTIVE DATE.This section is effective July 1, 2007.
| 28.19 |
Section 1. SUMMARY OF APPROPRIATIONS |
||||||
28.21in this article.
| 28.22 |
2008 |
2009 |
Total |
||||
| 28.23 |
General |
$ |
372,821,000 |
$ |
389,073,000 |
$ |
761,894,000 |
| 28.24 |
Sec. 2. JUDICIARY APPROPRIATIONS. |
||||||
| 28.25 |
(a) General |
||||||
28.27agencies and for the purposes specified in this article. The appropriations are from the
28.28general fund, or another named fund, and are available for the fiscal years indicated
28.29for each purpose. The figures "2008" and "2009" used in this article mean that the
28.30appropriations listed under them are available for the fiscal year ending June 30, 2008, or
28.31June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal
29.1year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal
29.2year ending June 30, 2007, are effective the day following final enactment.
| 29.3 |
(b) Compensation |
||||||
29.5compensation is paid from any fund, include an amount sufficient to fund compensation
29.6increases of at least 3.25 percent of the 2007 compensation base for the first year,
29.7compounded at the rate of 3.25 percent for the second year. This amount must be used for
29.8that purpose and no other. As used in this paragraph, "state employee" includes Supreme
29.9Court justices and Court of Appeals and district court judges.
| 29.10 |
APPROPRIATIONS |
||||||
| 29.11 |
Available for the Year |
||||||
| 29.12 |
Ending June 30 |
||||||
| 29.13 |
2008 |
2009 |
|||||
| 29.14 |
Sec. 3. SUPREME COURT |
||||||
| 29.15 |
Subdivision 1.Total Appropriation |
$ |
44,494,000 |
$ |
45,584,000 |
||
29.17purpose are specified in the following
29.18subdivisions.
| 29.19 |
Subd. 2.Supreme Court operations |
30,924,000 |
32,014,000 |
||||
29.21a contingent account for expenses necessary
29.22for the normal operation of the court for
29.23which no other reimbursement is provided.
29.24Maintain core justice operations. $467,000
29.25the first year and $932,000 the second year
29.26are to maintain core justice functions.
| 29.27 |
Subd. 3.Civil legal services |
13,570,000 |
13,570,000 |
||||
29.29family law matters. Of this appropriation,
29.30$877,000 each year is to improve the
29.31access of low-income clients to legal
29.32representation in family law matters. This
29.33appropriation must be distributed under
29.34Minnesota Statutes, section 480.242, to
30.1the qualified legal services programs
30.2described in Minnesota Statutes, section
30.3480.242, subdivision 2, paragraph (a). Any
30.4unencumbered balance remaining in the first
30.5year does not cancel and is available in the
30.6second year.
| 30.7 |
Sec. 4. COURT OF APPEALS |
$ |
9,706,000 |
$ |
10,537,000 |
||
30.9Minnesota Statutes, section 16A.285,
30.10the Judicial Council may transfer amounts
30.11relating to maintaining core justice operations
30.12from the Supreme Court under section 3 and
30.13the trial courts under section 5 as necessary
30.14to pay for salary increases for judges of the
30.15Court of Appeals under this section.
30.16Caseload increase. $1,285,000 the first
30.17year and $1,876,000 the second year are
30.18for caseload increases. This money must
30.19be used for three additional judge units, an
30.20additional staff attorney, 2.67 additional
30.21full-time equivalent law clerk positions, and
30.22for retired judges.
| 30.23 |
Sec. 5. TRIAL COURTS |
$ |
247,499,000 |
$ |
258,368,000 |
||
30.25Minnesota Statutes, section 16A.285, the
30.26Judicial Council may transfer amounts
30.27relating to the expansion of problem-solving
30.28courts and expanded resources for pro se
30.29litigants into the other items in this section.
30.30Guardian ad litem services. $1,260,000 the
30.31first year and $1,629,000 the second year are
30.32for guardian ad litem services.
31.1Interpreter services. $606,000 the first
31.2year and $777,000 the second year are for
31.3interpreter services.
31.4Psychological services. $1,531,000 the first
31.5year and $2,151,000 the second year are for
31.6psychological services.
31.7In forma pauperis services. $178,000 each
31.8year is for in forma pauperis services.
31.9New judge units. $1,792,000 the first year
31.10and $3,241,000 the second year are for an
31.11increase in judge units, including one trial
31.12court judge unit in the First Judicial District,
31.13one trial court judge unit in the Third Judicial
31.14District, one trial court judge unit in the
31.15Seventh Judicial District, two trial court
31.16judge units in the Ninth Judicial District,
31.17and two trial court judge units in the Tenth
31.18Judicial District. These new judge units
31.19begin on January 1, 2008. Each judge unit
31.20consists of a judge, law clerk, and court
31.21reporter.
31.22Maintain existing problem-solving courts.
31.23$1,948,000 each year is to maintain existing
31.24problem-solving courts. Of this amount,
31.25$654,000 each year is for local justice partner
31.26grants.
31.27Expansion of problem-solving courts.
31.28$648,000 the first year and $649,000
31.29the second year are to establish new
31.30problem-solving courts. Of this amount,
31.31$388,000 each year is for local justice partner
31.32grants.
31.33Expanded resources for pro se litigants.
31.34$311,000 each year is to expand resources
31.35for pro se litigants by providing a virtual
32.1self-help center on the state court Web site,
32.2public workstations in each courthouse for
32.3accessing the site, interactive software for
32.4completing forms, and telephone access to
32.5self-help staff.
32.6Maintain core justice operations.
32.7$1,471,000 the first year and $2,987,000
32.8the second year are to maintain core justice
32.9functions.
| 32.10 |
Sec. 6. TAX COURT |
$ |
796,000 |
$ |
828,000 |
||
| 32.11 |
Sec. 7. UNIFORM LAWS COMMISSION |
$ |
58,000 |
$ |
52,000 |
||
| 32.12 |
Sec. 8. BOARD ON JUDICIAL STANDARDS |
$ |
451,000 |
$ |
461,000 |
||
32.14each year is for special investigative and
32.15hearing costs for major disciplinary actions
32.16undertaken by the board. This appropriation
32.17does not cancel. Any encumbered and
32.18unspent balances remain available for these
32.19expenditures in subsequent fiscal years.
| 32.20 |
Sec. 9. BOARD OF PUBLIC DEFENSE |
$ |
69,817,000 |
$ |
73,243,000 |
||
32.22$588,000 the first year and $572,000 the
32.23second year are for continuing operations
32.24of the appellate office. This money must
32.25be used for four attorney positions and
32.26one secretarial position. Of this amount,
32.27$200,000 each year is for transcript costs.
32.28Shortfall. $1,884,000 the first year and
32.29$3,803,000 the second year are to address
32.30the board's district public defense shortfall.
32.31This money must be used for past personnel
32.32cost increases, filling vacation positions,
33.1mandated increases in the employer
33.2retirement contribution, and increased costs
33.3for rent, mileage, and overhead expenses for
33.4part-time public defenders.
33.5District public defense caseload increase.
33.6$3,391,000 the first year and $3,384,000
33.7the second year are for 34 new full-time
33.8equivalent attorneys and 11 new full-time
33.9equivalent support staff positions to address
33.10caseload increases.
33.11Part-time public defenders; data entry.
33.12$531,000 the first year and $522,000 the
33.13second year are for 11 data entry clerks
33.14for multicounty districts to assist part-time
33.15public defenders with opening and closing
33.16case files and entering time and case data into
33.17the board's record-keeping system.
33.18Public defense corporations. $176,000 the
33.19first year and $223,000 the second year are
33.20for the public defense corporations.
33.21 Sec. 10. Minnesota Statutes 2006, section 2.722, subdivision 1, is amended to read:
33.22 Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten
33.23judicial districts composed of the following named counties, respectively, in each of which
33.24districts judges shall be chosen as hereinafter specified:
33.25 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley;
33.26and four permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and
33.27Glencoe and one other shall be maintained at the place designated by the chief judge
33.28of the district;
33.29 2. Ramsey; 26 judges;
33.30 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn,
33.31Mower, and Fillmore;
33.32Faribault, Albert Lea, Austin, Rochester, and Winona;
33.33 4. Hennepin; 60 judges;
34.1 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
34.2Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and
34.3permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm,
34.4and Mankato;
34.5 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
34.6 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker,
34.7and Wadena;
34.8Fergus Falls, Little Falls, and St. Cloud;
34.9 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine,
34.10Big Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent
34.11chambers shall be maintained in Morris, Montevideo, and Willmar;
34.12 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington,
34.13Aitkin, Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
34.14Koochiching;
34.15Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
34.16 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington;
34.1745 judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other
34.18places designated by the chief judge of the district.
34.19EFFECTIVE DATE.This section is effective January 1, 2008.
34.20 Sec. 11. [484.843] ABANDONMENT OF NONFELONY BAIL; DISPOSITION
34.21OF FORFEITED SUMS; FOURTH JUDICIAL DISTRICT.
34.22 Subdivision 1. Abandonment of deposits and bail. (a) Any bail deposited with the
34.23court administrator of the Fourth Judicial District on a nonfelony case and not forfeited by
34.24court order shall be deemed abandoned and forfeited if the person entitled to refund does
34.25not file a written demand for refund with the court administrator within six months from
34.26the date when the person became entitled to the refund.
34.27 (b) Any judge may order any sums so forfeited under paragraph (a) to be reinstated
34.28for cause and the court administrator shall then refund accordingly. The receipting
34.29municipality or subdivision of government shall reimburse the court administrator if the
34.30court administrator refunds the deposit upon such an order and obtains a receipt to be
34.31used as a voucher.
34.32 Subd. 2. Disposition of forfeited sums. All sums collected on any bail, bond, or
34.33recognizance forfeited by court order or under subdivision 1, paragraph (a), for the Fourth
34.34Judicial District on a nonfelony case shall be paid to Hennepin County to be applied to the
34.35support of the law library of the county. The receipt of the county treasurer to the court
35.1administrator shall be a sufficient voucher. When the sums so forfeited, minus refunds,
35.2during any calendar year equal $2,500, all sums in excess of that amount shall be paid
35.3to the municipality or subdivision of government in which the violation occurred. The
35.4payments shall be made periodically but not before six months from the date of the order
35.5for forfeiture. During that six-month period, but not thereafter, any judge may set aside
35.6the forfeiture order upon proper showing of cause. No obligation to pay sums so ordered
35.7forfeited exists unless the forfeiture is not set aside within the six-month period. For the
35.8purpose of determining when the $2,500 shall have accrued to the county law library, the
35.9final forfeiture shall be deemed to occur at the end of the six-month period.
35.10EFFECTIVE DATE.This section is effective July 1, 2007.
35.11 Sec. 12. JUDGES' SALARIES.
35.12 (a) Effective July 1, 2007, and July 1, 2008, the salaries of justices of the Supreme
35.13Court, and judges of the Court of Appeals and district court are increased by five percent.
35.14 (b) Effective July 1, 2009, and July 1, 2010, the salaries of justices of the Supreme
35.15Court, and judges of the Court of Appeals and district court are increased by the average of
35.16the percentage increase in total compensation for state employees provided in negotiated
35.17collective bargaining agreements, arbitration awards, or other pay plans for fiscal year
35.182010 and fiscal year 2011 approved by the Legislative Coordinating Commission before
35.19the 2009 regular legislative session. The commissioner of employee relations shall
35.20calculate the new salaries, which shall be based on all compensation increases, including
35.21general salary adjustments, merit-based increases, and any other benefit increase provided
35.22to state employees, except insurance.
35.23 The commissioner shall calculate the new salaries, which must be expressed as
35.24percentages rounded to the nearest one-tenth of one percent, and shall report them to the
35.25governor and the chief justice of the Supreme Court.