SF 671

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 06/06/2013 02:32pm

A bill for an act
relating to criminal justice; modifying certain provisions relating to public safety,
courts, guardians and conservators, corrections, offenders, and data integration;
requiring reports; providing for penalties; appropriating money for courts,
Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
Standards, Board of Public Defense, sentencing guidelines, public safety, Peace
Officer Standards and Training (POST) Board, Private Detective Board, human
rights, and corrections; amending Minnesota Statutes 2012, sections 241.301;
243.51, subdivisions 1, 3; 245C.32, subdivision 2; 253B.24; 299A.705, by
adding a subdivision; 299A.73, subdivision 3; 299C.10, subdivisions 1, 3;
299C.11, subdivision 1; 299C.14; 299C.17; 357.021, by adding a subdivision;
363A.36, subdivisions 1, 2; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 609.3455,
by adding a subdivision; 624.713, subdivision 3, by adding a subdivision;
Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapter 244; repealing
Minnesota Statutes 2012, section 243.51, subdivision 5.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end

new text begin The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end

		new text begin 2014 new text end		new text begin 2015 new text end		new text begin Total new text end
new text begin Special Revenue new text end	new text begin $ new text end	new text begin 17,932,000 new text end	new text begin $ new text end	new text begin 16,932,000 new text end	new text begin $ new text end	new text begin 34,864,000 new text end
new text begin State Government Special Revenue new text end		new text begin 59,241,000 new text end		new text begin 63,742,000 new text end		new text begin 122,983,000 new text end
new text begin Environment new text end		new text begin 69,000 new text end		new text begin 69,000 new text end		new text begin 138,000 new text end
new text begin Trunk Highway Fund new text end		new text begin 2,266,000 new text end		new text begin 2,266,000 new text end		new text begin 4,532,000 new text end
new text begin General Fund new text end		new text begin 955,672,000 new text end		new text begin 974,870,000 new text end		new text begin 1,930,542,000 new text end
new text begin Total new text end	new text begin $ new text end	new text begin 1,035,180,000 new text end	new text begin $ new text end	new text begin 1,057,879,000 new text end	new text begin $ new text end	new text begin 2,093,059,000 new text end

Sec. 2. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2014" and "2015" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2014, or
June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
year ending June 30, 2013, are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2014 new text end		new text begin 2015 new text end

Sec. 3. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 44,548,000 new text end

new text begin $ new text end

new text begin 45,191,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end

new text begin 32,282,000 new text end

new text begin 32,925,000 new text end

new text begin (a) new text begin Contingent Account
new text end new text end

new text begin $5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end

new text begin (b) Employer Pension Fund Contribution
new text end

new text begin $22,000 each year is for a two percent
increase in the employer pension fund
contribution rate to the judge retirement
plan. These appropriations take effect only if
legislation to increase the employer pension
fund contribution rate by two percent is
enacted into law by July 1, 2013. If the
appropriations do not take effect, this
appropriation cancels to the general fund.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 12,266,000 new text end

new text begin 12,266,000 new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters
new text end

new text begin $877,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation
must be distributed under Minnesota Statutes,
section 480.242, to the qualified legal
services program described in Minnesota
Statutes, section 480.242, subdivision 2,
paragraph (a). Any unencumbered balance
remaining in the first year does not cancel
and is available in the second year.
new text end

Sec. 4. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 10,641,000 new text end

new text begin $ new text end

new text begin 11,035,000 new text end

new text begin (a) Employer Pension Fund Contribution
new text end

new text begin $55,000 the first year and $57,000 the
second year are for a two percent increase
in the employer pension fund contribution
rate to the judge retirement plan. These
appropriations take effect only if legislation
to increase the employer pension fund
contribution rate by two percent is enacted
into law by July 1, 2013. If the appropriations
do not take effect, this appropriation cancels
to the general fund.
new text end

new text begin (b) General Fund Base
new text end

new text begin The court of appeals general fund base shall
be increased by $69,000 in fiscal year 2016
and $89,000 in fiscal year 2017.
new text end

Sec. 5. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 247,459,000 new text end

new text begin $ new text end

new text begin 256,622,000 new text end

new text begin (a) Specialty Courts
new text end

new text begin $875,000 each year is to develop, expand,
and maintain specialty courts.
new text end

new text begin (b) new text begin Employer Pension Fund Contribution
new text end new text end

new text begin $778,000 the first year and $809,000 the
second year are for a two percent increase
in the employer pension fund contribution
rate to the judge retirement plan. These
appropriations take effect only if legislation
to increase the employer pension fund
contribution rate by two percent is enacted
into law by July 1, 2013. If the appropriations
do not take effect, this appropriation cancels
to the general fund.
new text end

Sec. 6. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 12,414,000 new text end

new text begin $ new text end

new text begin 12,756,000 new text end

Sec. 7. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,023,000 new text end

new text begin $ new text end

new text begin 1,035,000 new text end

new text begin (a) Additional Resources
new text end

new text begin $161,000 each year is for two law clerks,
continuing legal education costs, and
Westlaw costs.
new text end

new text begin (b) Case Management System
new text end

new text begin $25,000 each year is for the implementation
and maintenance of a modern case
management system.
new text end

Sec. 8. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 147,000 new text end

new text begin $ new text end

new text begin 84,000 new text end

new text begin Back Dues
new text end

new text begin $63,000 the first year is to pay back dues
owing to the National Conference of
Commissioners on Uniform State Laws.
new text end

Sec. 9. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 756,000 new text end

new text begin $ new text end

new text begin 456,000 new text end

new text begin (a) new text begin Deficiencies
new text end new text end

new text begin $300,000 the first year is for deficiencies
occurring in fiscal year 2013. This
appropriation is available for expenditure the
day following final enactment.
new text end

new text begin (b) Major Disciplinary Actions
new text end

new text begin $125,000 each year is for special
investigative and hearing costs for major
disciplinary actions undertaken by the
board. This appropriation does not cancel.
Any encumbered and unspent balances
remain available for these expenditures in
subsequent fiscal years.
new text end

Sec. 10. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 70,698,000 new text end

new text begin $ new text end

new text begin 73,612,000 new text end

new text begin (a) Transcripts
new text end

new text begin From this appropriation, the board shall pay
all outstanding billings as of June 30, 2013,
for transcripts.
new text end

new text begin (b) Report to the Legislature
new text end

new text begin By January 15, 2014, and by January 15,
2015, the board shall report to the chairs
and ranking minority members of the house
of representatives and senate committees
with jurisdiction over criminal justice and
judiciary finance on how this appropriation
was spent, including information on new
attorney and staff hires, salary and benefit
increases, caseload reductions, technology
improvements, and transcript costs and
billings.
new text end

Sec. 11. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 886,000 new text end

new text begin $ new text end

new text begin 586,000 new text end

new text begin Electronic Sentencing Worksheet
new text end

new text begin $300,000 the first year is for a transfer to
the Office of Enterprise Technology for an
electronic sentencing worksheet system. This
appropriation is available until expended.
Any ongoing information technology
support or costs for this application shall be
incorporated into the service-level agreement
and shall be paid to the Office of Enterprise
Technology.
new text end

Sec. 12. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 157,851,000 new text end

new text begin $ new text end

new text begin 161,191,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2014 new text end	new text begin 2015 new text end
new text begin General new text end	new text begin 82,213,000 new text end	new text begin 82,772,000 new text end
new text begin Special Revenue new text end	new text begin 14,062,000 new text end	new text begin 13,062,000 new text end
new text begin State Government Special Revenue new text end	new text begin 59,241,000 new text end	new text begin 63,742,000 new text end
new text begin Environmental new text end	new text begin 69,000 new text end	new text begin 69,000 new text end
new text begin Trunk Highway new text end	new text begin 2,266,000 new text end	new text begin 2,266,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 2,979,000 new text end

new text begin 2,929,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,306,000 new text end	new text begin 2,256,000 new text end
new text begin Special Revenue new text end	new text begin 604,000 new text end	new text begin 604,000 new text end
new text begin Environmental new text end	new text begin 69,000 new text end	new text begin 69,000 new text end

new text begin (a) Hazmat and Chemical Assessment Teams new text end

new text begin $604,000 each year is from the fire safety
account in the special revenue fund. These
amounts must be used to fund the hazardous
materials and chemical assessment teams.
new text end

new text begin (b) School Safety new text end

new text begin $455,000 the first year and $405,000 the
second year from the general fund are to
reinstate the school safety center and to
provide for school safety. The commissioner
of public safety shall work collaboratively
with the School Climate Council and the
school climate center established under
Minnesota Statutes, sections 121A.07 and
127A.052.
new text end

new text begin By January 15, 2014, and by January 15,
2015, the commissioner of public safety
shall report to the chairs and ranking
minority members of the senate and house of
representatives committees with jurisdiction
over criminal justice and judiciary funding
on how this appropriation was spent. The
report shall specify the results achieved
by the school safety center and the level
of cooperation achieved between the
commissioner and the School Climate
Council and school climate center.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 47,588,000 new text end

new text begin 47,197,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 42,315,000 new text end	new text begin 42,924,000 new text end
new text begin Special Revenue new text end	new text begin 3,000,000 new text end	new text begin 2,000,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end	new text begin 2,266,000 new text end	new text begin 2,266,000 new text end

new text begin (a) DWI Lab Analysis; Trunk Highway Fund new text end

new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $1,941,000 each year
is from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.
new text end

new text begin (b) Criminal History System new text end

new text begin $50,000 the first year and $580,000 the
second year from the general fund and,
notwithstanding Minnesota Statutes, section
299A.705, subdivision 4, $3,000,000 the
first year and $2,000,000 the second year
from the vehicle services account in the
special revenue fund are to replace the
state criminal history system. This is a
onetime appropriation and is available until
expended. Of this amount, $2,980,000 the
first year and $2,580,000 the second year
are for a onetime transfer to the Office of
Enterprise Technology for start-up costs.
Service level agreements must document all
project-related transfers under this paragraph.
Ongoing operating and support costs for this
system shall be identified and incorporated
into future service level agreements.
new text end

new text begin The commissioner is authorized to use funds
appropriated under this paragraph for the
purposes specified in paragraph (c).
new text end

new text begin (c) Criminal Reporting System new text end

new text begin $1,360,000 the first year and $1,360,000 the
second year from the general fund are to
replace the state's crime reporting system.
This is a onetime appropriation and is
available until expended. Of these amounts,
$1,360,000 the first year and $1,360,000
the second year are for a onetime transfer
to the Office of Enterprise Technology for
start-up costs. Service level agreements
must document all project-related transfers
under this paragraph. Ongoing operating
and support costs for this system shall
be identified and incorporated into future
service level agreements.
new text end

new text begin The commissioner is authorized to use funds
appropriated under this paragraph for the
purposes specified in paragraph (b).
new text end

new text begin (d) Forensic Laboratory new text end

new text begin $125,000 the first year and $125,000 the
second year from the general fund and,
notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $125,000 the first
year and $125,000 the second year from the
trunk highway fund are to replace forensic
laboratory equipment at the Bureau of
Criminal Apprehension.
new text end

new text begin $200,000 the first year and $200,000 the
second year from the general fund and,
notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $200,000 the first
year and $200,000 the second year from the
trunk highway fund are to improve forensic
laboratory staffing at the Bureau of Criminal
Apprehension.
new text end

new text begin (e) Livescan Fingerprinting new text end

new text begin $310,000 the first year and $389,000 the
second year from the general fund are to
maintain Livescan fingerprinting machines.
This is a onetime appropriation.
new text end

new text begin (f) General Fund Base new text end

new text begin The Bureau of Criminal Apprehension's
general fund base is reduced by $1,720,000
in fiscal year 2014 and $2,329,000 in fiscal
year 2015 to reflect onetime appropriations.
new text end

new text begin (g) Report new text end

new text begin If the vehicle services special revenue account
accrues an unallocated balance in excess
of 50 percent of the previous fiscal year's
expenditures, the commissioner of public
safety shall submit a report to the chairs
and ranking minority members of the house
of representatives and senate committees
with jurisdiction over transportation and
public safety policy and finance. The report
must contain specific policy and legislative
recommendations for reducing the fund
balance and avoiding future excessive fund
balances. The report is due within three
months of the fund balance exceeding the
threshold established in this paragraph.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 9,555,000 new text end

new text begin 9,555,000 new text end

new text begin This appropriation is from the fire safety
account in the special revenue fund and is for
activities under Minnesota Statutes, section
299F.012.
new text end

new text begin Of this amount: (1) $7,187,000 each year
is for activities under Minnesota Statutes,
section 299F.012; and (2) $2,368,000 the first
year and $2,368,000 the second year are for
transfers to the general fund under Minnesota
Statutes, section 297I.06, subdivision 3.
new text end

new text begin Subd. 5. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 2,485,000 new text end

new text begin 2,485,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,582,000 new text end	new text begin 1,582,000 new text end
new text begin Special Revenue new text end	new text begin 903,000 new text end	new text begin 903,000 new text end

new text begin $653,000 each year is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.
new text end

new text begin $250,000 each year is appropriated from the
lawful gambling regulation account in the
special revenue fund.
new text end

new text begin Subd. 6. new text end new text begin Office of Justice Programs new text end

new text begin 36,106,000 new text end

new text begin 36,106,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 36,010,000 new text end	new text begin 36,010,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin (a) OJP Administration Costs new text end

new text begin Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end

new text begin (b) Crime Victim Programs new text end

new text begin $1,500,000 each year must be distributed
through an open and competitive grant
process for existing crime victim programs.
The funds must be used to meet the needs
of underserved and unserved areas and
populations.
new text end

new text begin (c) Community Offender Reentry Program new text end

new text begin $100,000 each year is for a grant to the
community offender reentry program for
assisting individuals to transition from
incarceration to the communities in and
around Duluth, including assistance in
finding housing, employment, educational
opportunities, counseling, and other
resources. This is a onetime appropriation.
new text end

new text begin (d) Youth Intervention Programs new text end

new text begin $1,000,000 each year is for youth intervention
programs under Minnesota Statutes, section
299A.73. The appropriations must be
used to create new programs statewide
in underserved areas and to help existing
programs serve unmet needs in program
communities. These appropriations are
available until expended. This amount must
be added to the department's base budget for
grants to youth intervention programs.
new text end

new text begin (e) Sexually Exploited Youth; Law
Enforcement and Prosecution Training
new text end

new text begin $350,000 each year is for a grant to Ramsey
County to be used by the Ramsey County
Attorney's Office to:
new text end

new text begin (1) develop a statewide model protocol for
law enforcement, prosecutors, and others,
who in their professional capacity encounter
sexually exploited and trafficked youth, on
identifying and intervening with sexually
exploited and trafficked youth;
new text end

new text begin (2) conduct statewide training for law
enforcement and prosecutors on the model
protocol and the Safe Harbor Law described
in Laws 2011, First Special Session chapter
1, article 4, as modified by Senate File No.
384, article 2, if enacted; and
new text end

new text begin (3) develop and disseminate to law
enforcement, prosecutors, and others, who
in their professional capacity encounter
sexually exploited and trafficked youth, on
investigative best practices to identify sex
trafficked victims and traffickers.
new text end

new text begin The Ramsey County attorney may use the
money appropriated in this paragraph to
partner with other entities to implement
clauses (1) to (3).
new text end

new text begin By January 15, 2015, the Ramsey County
Attorney's Office shall report to the chairs
and ranking minority members of the senate
and house of representatives committees and
divisions having jurisdiction over criminal
justice policy and funding on how this
appropriation was spent.
new text end

new text begin These appropriations are onetime.
new text end

new text begin (f) Returning Veterans in Crisis
new text end

new text begin $50,000 each year is for a grant to the Upper
Midwest Community Policing Institute for
use in training community safety personnel
about the use of de-escalation strategies
for handling returning veterans in crisis.
This is a onetime appropriation, and the
unencumbered balance in the first year does
not cancel but is available for the second
year. The commissioner shall consult with
the Peace Officers Standards and Training
(POST) Board regarding the design and
content of the course, and must also ensure
that the training opportunities are reasonably
distributed throughout the state.
new text end

new text begin (g) Juvenile Detention Alternative
Initiative
new text end

new text begin $50,000 each year is for a grant to the
Juvenile Detention Alternative Initiative.
This is a onetime appropriation, and funds
unexpended in the first year are available in
the second year.
new text end

new text begin Subd. 7. new text end new text begin Emergency Communication Networks new text end

new text begin 59,138,000 new text end

new text begin 63,639,000 new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin (a) Public Safety Answering Points new text end

new text begin $13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end

new text begin (b) Medical Resource Communication Centers new text end

new text begin $683,000 each year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East
and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
new text end

new text begin (c) ARMER Debt Service new text end

new text begin $23,261,000 each year is to the commissioner
of management and budget to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.
new text end

new text begin Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8; or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
new text end

new text begin (d) new text begin ARMER State Backbone Operating Costs new text end new text end

new text begin $9,250,000 the first year and $9,650,00 the
second year are to the commissioner of
transportation for costs of maintaining and
operating the first and third phases of the
statewide radio system backbone.
new text end

new text begin (e) ARMER Improvements new text end

new text begin $1,000,000 each year is to the Statewide
Radio Board for costs of design, construction,
and maintenance of, and improvements
to, those elements of the statewide public
safety radio and communication system
that support mutual aid communications
and emergency medical services or provide
interim enhancement of public safety
communication interoperability in those
areas of the state where the statewide public
safety radio and communication system is
not yet implemented.
new text end

Sec. 13. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin $ new text end

new text begin 3,870,000 new text end

new text begin $ new text end

new text begin 3,870,000 new text end

new text begin (a) Excess Amounts Transferred
new text end

new text begin This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,870,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,870,000 must
be transferred and credited to the general
fund.
new text end

new text begin (b) Peace Officer Training
Reimbursements
new text end

new text begin $2,734,000 each year is for reimbursements
to local governments for peace officer
training costs.
new text end

new text begin (c) Training; Sexually Exploited and
Trafficked Youth
new text end

new text begin Of the appropriation in paragraph (b),
$100,000 the first year is for reimbursements
to local governments for peace officer
training costs on sexually exploited and
trafficked youth, including effectively
identifying sex trafficked victims and
traffickers, investigation techniques, and
assisting sexually exploited youth.
new text end

new text begin Reimbursement shall be provided on a flat
fee basis of $100 per diem per officer.
new text end

Sec. 14. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 120,000 new text end

new text begin $ new text end

new text begin 120,000 new text end

Sec. 15. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 3,297,000 new text end

new text begin $ new text end

new text begin 3,297,000 new text end

new text begin Increased Compliance
new text end

new text begin $129,000 each year is for two additional
contract compliance officers.
new text end

Sec. 16. new text begin DEPARTMENT OF CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 481,470,000 new text end

new text begin $ new text end

new text begin 487,304,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Correctional Institutions new text end

new text begin 345,048,000 new text end

new text begin 350,087,000 new text end

new text begin (a) Program Base
new text end

new text begin The general fund base for correctional
institutions shall be $352,372,000 in fiscal
year 2016 and $354,982,000 in fiscal year
2017.
new text end

new text begin (b) Medical Release Planners
new text end

new text begin $68,000 the first year and $136,000 the
second year are for two medical release
planners.
new text end

new text begin (c) MINNCOR
new text end

new text begin Notwithstanding Minnesota Statutes, section
241.27, the commissioner of management
and budget shall transfer $1,300,000 each
year from the Minnesota correctional
industries revolving fund to the general fund.
This is a onetime transfer.
new text end

new text begin (d) Treatment Beds
new text end

new text begin $1,500,000 each year is to fund additional
sex offender and chemical dependency
treatment beds and shall not be used for any
other purpose. The commissioner shall report
to the legislature on how this appropriation
was spent.
new text end

new text begin Subd. 3. new text end new text begin Community Services new text end

new text begin 114,178,000 new text end

new text begin 114,704,000 new text end

new text begin (a) Probation Supervision, CCA System
new text end

new text begin $1,025,000 the first year and $1,025,000 the
second year are added to the Community
Corrections Act subsidy, as described in
Minnesota Statutes, section 401.14.
new text end

new text begin (b) Probation Supervision, CPO System
new text end

new text begin $200,000 each year is for county probation
officers reimbursement, as described
in Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin Subd. 4. new text end new text begin Operations Support new text end

new text begin 22,244,000 new text end

new text begin 22,513,000 new text end

ARTICLE 2

GUARDIANS AND CONSERVATORS

Section 1.

Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:

Subd. 2.

Use.

(a) The commissioner may also use these systems and records to
obtain and provide criminal history data from the Bureau of Criminal Apprehension,
criminal history data held by the commissioner, and data about substantiated maltreatment
under section 626.556 or 626.557, for other purposes, provided that:

(1) the background study is specifically authorized in statute; or

(2) the request is made with the informed consent of the subject of the study as
provided in section 13.05, subdivision 4.

(b) An individual making a request under paragraph (a), clause (2), must agree in
writing not to disclose the data to any other individual without the consent of the subject
of the data.

(c) The commissioner may recover the cost of obtaining and providing background
study data by charging the individual or entity requesting the study a fee of no more
than $20 per study. The fees collected under this paragraph are appropriated to the
commissioner for the purpose of conducting background studies.

new text begin (d) The commissioner shall recover the cost of obtaining background study data
required under section 524.5-118 through a fee of $50 per study for an individual who
has not lived outside Minnesota for the past ten years, and a fee of $100 for an individual
who has resided outside of Minnesota for any period during the ten years preceding the
background study. The commissioner shall recover, from the individual, any additional
fees charged by other states' licensing agencies that are associated with these data requests.
Fees under subdivision 3 also apply when criminal history data from the National Criminal
Records Repository is required.
new text end

Sec. 2.

Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:

Subdivision 1.

When required; exception.

(a) The court shall require a background
study under this section:

(1) before the appointment of a guardian or conservator, unless a background study
has been done on the person under this section within the previous deleted text begin five deleted text end new text begin two new text end years; and

(2) once every deleted text begin five deleted text end new text begin two new text end years after the appointment, if the person continues to serve
as a guardian or conservator.

(b) The background study must include new text begin :
new text end

new text begin (1) new text end criminal history data from the Bureau of Criminal Apprehension, other criminal
history data held by the commissioner of human services, and data regarding whether the
person has been a perpetrator of substantiated maltreatment of a vulnerable adult deleted text begin and a
deleted text end new text begin or new text end minor deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (c) The court shall request a search of the deleted text end new text begin (2) criminal history data from the new text end National
Criminal Records Repository if the proposed guardian or conservator has not resided in
Minnesota for the previous deleted text begin five deleted text end new text begin ten new text end years or if the Bureau of Criminal Apprehension
information received from the commissioner of human services under subdivision 2,
paragraph (b), indicates that the subject is a multistate offender or that the individual's
multistate offender status is undetermined deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) state licensing agency data if a search of the database or databases of the agencies
listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
professional license directly related to the responsibilities of a professional fiduciary from
an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end If the guardian or conservator is not an individual, the background study must
be done on all individuals currently employed by the proposed guardian or conservator
who will be responsible for exercising powers and duties under the guardianship or
conservatorship.

deleted text begin (e) deleted text end new text begin (d) new text end If the court determines that it would be in the best interests of the ward or
protected person to appoint a guardian or conservator before the background study can
be completed, the court may make the appointment pending the results of the study new text begin ,
however, the background study must then be completed as soon as reasonably possible
after appointment, no later than 30 days after appointment new text end .

deleted text begin (f) deleted text end new text begin (e) new text end The fee for conducting a background study for appointment of a professional
guardian or conservator must be paid by the guardian or conservator. In other cases,
the fee must be paid as follows:

(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
of section 524.5-502, paragraph (a);

(2) if there is an estate of the ward or protected person, the fee must be paid from
the estate; or

(3) in the case of a guardianship or conservatorship of the person that is not
proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
conservator or by the court.

deleted text begin (g) deleted text end new text begin (f) new text end The requirements of this subdivision do not apply if the guardian or
conservator is:

(1) a state agency or county;

(2) a parent or guardian of a proposed ward or protected person who has a
developmental disability, if the parent or guardian has raised the proposed ward or
protected person in the family home until the time the petition is filed, unless counsel
appointed for the proposed ward or protected person under section 524.5-205, paragraph
(d); 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph (b),
recommends a background study; or

(3) a bank with trust powers, bank and trust company, or trust company, organized
under the laws of any state or of the United States and which is regulated by the
commissioner of commerce or a federal regulator.

Sec. 3.

Minnesota Statutes 2012, section 524.5-118, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Procedure; state licensing agency data. new text end

new text begin (a) The court shall request the
commissioner of human services to provide the court within 25 working days of receipt of
the request with licensing agency data for licenses directly related to the responsibilities of
a professional fiduciary from the following agencies in Minnesota:
new text end

new text begin (1) Lawyers Responsibility Board;
new text end

new text begin (2) State Board of Accountancy;
new text end

new text begin (3) Board of Social Work;
new text end

new text begin (4) Board of Psychology;
new text end

new text begin (5) Board of Nursing;
new text end

new text begin (6) Board of Medical Practice;
new text end

new text begin (7) Department of Education;
new text end

new text begin (8) Department of Commerce;
new text end

new text begin (9) Board of Chiropractic Examiners;
new text end

new text begin (10) Board of Dentistry;
new text end

new text begin (11) Board of Marriage and Family Therapy;
new text end

new text begin (12) Department of Human Services; and
new text end

new text begin (13) Peace Officer Standards and Training (POST) Board.
new text end

new text begin (b) The commissioner shall enter into agreements with these agencies to provide for
electronic access to the relevant licensing data by the commissioner.
new text end

new text begin (c) The commissioner shall provide to the court the electronically available data
maintained in the agency's database, including whether the proposed guardian or
conservator is or has been licensed by the agency, and if the licensing agency database
indicates a disciplinary action or a sanction against the individual's license, including a
condition, suspension, revocation, or cancellation.
new text end

new text begin (d) If the proposed guardian or conservator has resided in a state other than
Minnesota in the previous ten years, licensing agency data under this section shall also
include the licensing agency data from any other state where the proposed guardian or
conservator reported to have resided during the previous ten years. If the proposed
guardian or conservator has or has had a professional license in another state that is
directly related to the responsibilities of a professional fiduciary from one of the agencies
listed under paragraph (a), state licensing agency data shall also include data from the
relevant licensing agency of that state.
new text end

new text begin (e) The commissioner is not required to repeat a search for Minnesota or out-of-state
licensing data on an individual if the commissioner has provided this information to the
court within the prior two years.
new text end

new text begin (f) If an individual has continuously resided in Minnesota since a previous
background study under this section was completed, the commissioner is not required to
repeat a search for records in another state.
new text end

Sec. 4.

Minnesota Statutes 2012, section 524.5-303, is amended to read:

524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.

(a) An individual or a person interested in the individual's welfare may petition for
a determination of incapacity, in whole or in part, and for the appointment of a limited
or unlimited guardian for the individual.

(b) The petition must set forth the petitioner's name, residence, current address if
different, relationship to the respondent, and interest in the appointment and, to the extent
known, state or contain the following with respect to the respondent and the relief requested:

(1) the respondent's name, age, principal residence, current street address, and, if
different, the address of the dwelling in which it is proposed that the respondent will
reside if the appointment is made;

(2) the name and address of the respondent's:

(i) spouse, or if the respondent has none, an adult with whom the respondent has
resided for more than six months before the filing of the petition; and

(ii) adult children or, if the respondent has none, the respondent's parents and adult
brothers and sisters, or if the respondent has none, at least one of the adults nearest in
kinship to the respondent who can be found;

(3) the name of the administrative head and address of the institution where the
respondent is a patient, resident, or client of any hospital, nursing home, home care
agency, or other institution;

(4) the name and address of any legal representative for the respondent;

(5) the name, address, and telephone number of any person nominated as guardian
by the respondent in any manner permitted by law, including a health care agent nominated
in a health care directive;

(6) the name, address, and telephone number of any proposed guardian and the
reason why the proposed guardian should be selected;

(7) the name and address of any health care agent or proxy appointed pursuant to
a health care directive as defined in section 145C.01, a living will under chapter 145B,
or other similar document executed in another state and enforceable under the laws of
this state;

(8) the reason why guardianship is necessary, including a brief description of the
nature and extent of the respondent's alleged incapacity;

(9) if an unlimited guardianship is requested, the reason why limited guardianship
is inappropriate and, if a limited guardianship is requested, the powers to be granted to
the limited guardian; and

(10) a general statement of the respondent's property with an estimate of its value,
including any insurance or pension, and the source and amount of any other anticipated
income or receipts.

(c) The petition must also set forth the following information regarding the proposed
guardian new text begin or any employee of the guardian responsible for exercising powers and duties
under the guardianship new text end :

(1) whether the proposed guardian has ever been removed for cause from serving as
a guardian or conservator and, if so, the case number and court location; deleted text begin and
deleted text end

(2) if the proposed guardian is a professional guardian new text begin or conservator new text end , a summary of
the proposed guardian's educational background and relevant work and other experience deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) whether the proposed guardian has ever applied for or held, at any time, any
professional license from an agency listed under section 524.5-118, subdivision 2a, and if
so, the name of the licensing agency, and as applicable, the license number and status;
whether the license is active or has been denied, conditioned, suspended, revoked, or
canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
of the license;
new text end

new text begin (4) whether the proposed guardian has ever been found civilly liable in an action
that involved fraud, misrepresentation, material omission, misappropriation, theft, or
conversion, and if so, the case number and court location;
new text end

new text begin (5) whether the proposed guardian has ever filed for or received protection under the
bankruptcy laws, and if so, the case number and court location;
new text end

new text begin (6) whether the proposed guardian has any outstanding civil monetary judgments
against the proposed guardian, and if so, the case number, court location, and outstanding
amount owed;
new text end

new text begin (7) whether an order for protection or harassment restraining order has ever been
issued against the proposed guardian, and if so, the case number and court location; and
new text end

new text begin (8) whether the proposed guardian has ever been convicted of a crime other than a
petty misdemeanor or traffic offense, and if so, the case number and the crime of which
the guardian was convicted.
new text end

Sec. 5.

Minnesota Statutes 2012, section 524.5-316, is amended to read:

524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
ORDERS.

(a) A guardian shall report to the court in writing on the condition of the ward at least
annually and whenever ordered by the court. A copy of the report must be provided to the
ward and to interested persons of record with the court. A report must state or contain:

(1) the current mental, physical, and social condition of the ward;

(2) the living arrangements for all addresses of the ward during the reporting period;

(3) any restrictions placed on the ward's right to communication and visitation with
persons of the ward's choice and the factual bases for those restrictions;

(4) the medical, educational, vocational, and other services provided to the ward and
the guardian's opinion as to the adequacy of the ward's care;

(5) a recommendation as to the need for continued guardianship and any
recommended changes in the scope of the guardianship;

(6) an address and telephone number where the guardian can be contacted; new text begin and
new text end

deleted text begin (7) whether the guardian has ever been removed for cause from serving as a guardian
or conservator and, if so, the case number and court location;
deleted text end

deleted text begin (8) any changes occurring that would affect the accuracy of information contained
in the most recent criminal background study of the guardian conducted under section
524.5-118; and
deleted text end

deleted text begin (9) deleted text end new text begin (7) new text end if applicable, the amount of reimbursement for services rendered to the ward
that the guardian received during the previous year that were not reimbursed by county
contract.

new text begin (b) A guardian shall report to the court in writing within 30 days of the occurrence of
any of the events listed in this paragraph. The guardian must report any of the occurrences
in this paragraph and follow the same reporting requirements in this paragraph for
any employee of the guardian responsible for exercising powers and duties under the
guardianship. A copy of the report must be provided to the ward and to interested persons
of record with the court. A guardian shall report when:
new text end

new text begin (1) the guardian is removed for cause from serving as a guardian or conservator, and
if so, the case number and court location;
new text end

new text begin (2) the guardian has a professional license from an agency listed under section
524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
if so, the licensing agency and license number, and the basis for denial, condition,
suspension, revocation, or cancellation of the license;
new text end

new text begin (3) the guardian is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
case number and court location;
new text end

new text begin (4) the guardian files for or receives protection under the bankruptcy laws, and
if so, the case number and court location;
new text end

new text begin (5) a civil monetary judgment is entered against the guardian, and if so, the case
number, court location, and outstanding amount owed;
new text end

new text begin (6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
offense, and if so, the case number and court location; or
new text end

new text begin (7) an order for protection or harassment restraining order is issued against the
guardian, and if so, the case number and court location.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end A ward or interested person of record with the court may submit to the court a
written statement disputing statements or conclusions regarding the condition of the ward
new text begin or addressing any disciplinary or legal action new text end that deleted text begin are deleted text end new text begin is new text end contained in the deleted text begin report deleted text end new text begin guardian's
reports new text end and may petition the court for an order that is in the best interests of the ward or
for other appropriate relief.

deleted text begin (c) deleted text end new text begin (d) new text end An interested person may notify the court in writing that the interested person
does not wish to receive copies of reports required under this section.

deleted text begin (d) deleted text end new text begin (e) new text end The court may appoint a visitor to review a report, interview the ward or
guardian, and make any other investigation the court directs.

deleted text begin (e) deleted text end new text begin (f) new text end The court shall establish a system for monitoring guardianships, including the
filing and review of annual reports. If an annual report is not filed within 60 days of the
required date, the court shall issue an order to show cause.

new text begin (g) If a guardian fails to comply with this section, the court may decline to appoint that
person as a guardian or conservator, or may remove a person as guardian or conservator.
new text end

Sec. 6.

Minnesota Statutes 2012, section 524.5-403, is amended to read:

524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
ORDER.

(a) The following may petition for the appointment of a conservator or for any
other appropriate protective order:

(1) the person to be protected;

(2) an individual interested in the estate, affairs, or welfare of the person to be
protected; or

(3) a person who would be adversely affected by lack of effective management of
the property and business affairs of the person to be protected.

(b) The petition must set forth the petitioner's name, residence, current address
if different, relationship to the respondent, and interest in the appointment or other
protective order, and, to the extent known, state or contain the following with respect to
the respondent and the relief requested:

(1) the respondent's name, age, principal residence, current street address, and, if
different, the address of the dwelling where it is proposed that the respondent will reside if
the appointment is made;

(2) if the petition alleges impairment in the respondent's ability to receive and
evaluate information, a brief description of the nature and extent of the respondent's
alleged impairment;

(3) if the petition alleges that the respondent is missing, detained, or unable to
return to the United States, a statement of the relevant circumstances, including the time
and nature of the disappearance or detention and a description of any search or inquiry
concerning the respondent's whereabouts;

(4) the name and address of the respondent's:

(i) spouse, or if the respondent has none, an adult with whom the respondent has
resided for more than six months before the filing of the petition; and

(ii) adult children or, if the respondent has none, the respondent's parents and adult
brothers and sisters or, if the respondent has none, at least one of the adults nearest in
kinship to the respondent who can be found;

(5) the name of the administrative head and address of the institution where the
respondent is a patient, resident, or client of any hospital, nursing home, home care
agency, or other institution;

(6) the name and address of any legal representative for the respondent;

(7) the name and address of any health care agent or proxy appointed pursuant to
a health care directive as defined in section 145C.01, a living will under chapter 145B,
or other similar document executed in another state and enforceable under the laws of
this state;

(8) a general statement of the respondent's property with an estimate of its value,
including any insurance or pension, and the source and amount of other anticipated
income or receipts; and

(9) the reason why a conservatorship or other protective order is in the best interest
of the respondent.

(c) If a conservatorship is requested, the petition must also set forth to the extent
known:

(1) the name, address, and telephone number of any proposed conservator and the
reason why the proposed conservator should be selected;

(2) the name, address, and telephone number of any person nominated as conservator
by the respondent if the respondent has attained 14 years of age; and

(3) the type of conservatorship requested and, if an unlimited conservatorship,
the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
the property to be placed under the conservator's control and any limitation on the
conservator's powers and duties.

(d) The petition must also set forth the following information regarding the proposed
conservator new text begin or any employee of the conservator responsible for exercising powers and
duties under the conservatorship new text end :

(1) whether the proposed conservator has ever been removed for cause from serving
as a guardian or conservator and, if so, the case number and court location; deleted text begin and
deleted text end

(2) if the proposed conservator is a professional new text begin guardian or new text end conservator, a summary
of the proposed conservator's educational background and relevant work and other
experience deleted text begin . deleted text end new text begin ;
new text end

new text begin (3) whether the proposed conservator has ever applied for or held, at any time, any
professional license from an agency listed under section 524.5-118, subdivision 2a, and if
so, the name of the licensing agency, and as applicable, the license number and status;
whether the license is active or has been denied, conditioned, suspended, revoked, or
canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
of the license;
new text end

new text begin (4) whether the proposed conservator has ever been found civilly liable in an action
that involved fraud, misrepresentation, material omission, misappropriation, theft, or
conversion, and if so, the case number and court location;
new text end

new text begin (5) whether the proposed conservator has ever filed for or received protection under
the bankruptcy laws, and if so, the case number and court location;
new text end

new text begin (6) whether the proposed conservator has any outstanding civil monetary judgments
against the proposed conservator, and if so, the case number, court location, and
outstanding amount owed;
new text end

new text begin (7) whether an order for protection or harassment restraining order has ever been
issued against the proposed conservator, and if so, the case number and court location; and
new text end

new text begin (8) whether the proposed conservator has ever been convicted of a crime other than
a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
the conservator was convicted.
new text end

Sec. 7.

Minnesota Statutes 2012, section 524.5-420, is amended to read:

524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
COURT ORDERS.

(a) A conservator shall report to the court for administration of the estate annually
unless the court otherwise directs, upon resignation or removal, upon termination of the
conservatorship, and at other times as the court directs. An order, after notice and hearing,
allowing an intermediate report of a conservator adjudicates liabilities concerning the
matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
a final report adjudicates all previously unsettled liabilities relating to the conservatorship.

(b) A report must state or contain a listing of the assets of the estate under the
conservator's control and a listing of the receipts, disbursements, and distributions during
the reporting period.

(c) The report must also state deleted text begin :
deleted text end

deleted text begin (1) deleted text end an address and telephone number where the conservator can be contacted deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (2) whether the conservator has ever been removed for cause from serving as a
guardian or conservator and, if so, the case number and court locations; and
deleted text end

deleted text begin (3) any changes occurring that would affect the accuracy of information contained in
the most recent criminal background study of the conservator conducted under section
524.5-118.
deleted text end

new text begin (d) A conservator shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this paragraph. The conservator must report any of the
occurrences in this paragraph and follow the same reporting requirements in this paragraph
for any employee of the conservator responsible for exercising powers and duties under
the conservatorship. A copy of the report must be provided to the protected person and to
interested persons of record with the court. A conservator shall report when:
new text end

new text begin (1) the conservator is removed for cause from serving as a guardian or conservator,
and if so, the case number and court location;
new text end

new text begin (2) the conservator has a professional license from an agency listed under section
524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
if so, the licensing agency and license number, and the basis for denial, condition,
suspension, revocation, or cancellation of the license;
new text end

new text begin (3) the conservator is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
case number and court location;
new text end

new text begin (4) the conservator files for or receives protection under the bankruptcy laws, and
if so, the case number and court location;
new text end

new text begin (5) a civil monetary judgment is entered against the conservator, and if so, the case
number, court location, and outstanding amount owed;
new text end

new text begin (6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
offense, and if so, the case number and court location; or
new text end

new text begin (7) an order for protection or harassment restraining order is issued against the
conservator, and if so, the case number and court location.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A protected person or an interested person of record with the court may
submit to the court a written statement disputing account statements regarding the
administration of the estate new text begin or addressing any disciplinary or legal action new text end that deleted text begin are deleted text end new text begin is
new text end contained in the deleted text begin report deleted text end new text begin reports new text end and may petition the court for any order that is in the best
interests of the protected person and the estate or for other appropriate relief.

deleted text begin (e) deleted text end new text begin (f) new text end An interested person may notify the court in writing that the interested person
does not wish to receive copies of reports required under this section.

deleted text begin (f) deleted text end new text begin (g) new text end The court may appoint a visitor to review a report or plan, interview the
protected person or conservator, and make any other investigation the court directs. In
connection with a report, the court may order a conservator to submit the assets of the
estate to an appropriate examination to be made in a manner the court directs.

deleted text begin (g) deleted text end new text begin (h) new text end The court shall establish a system for monitoring of conservatorships,
including the filing and review of conservators' reports and plans. If an annual report is
not filed within 60 days of the required date, the court shall issue an order to show cause.

new text begin (i) If a conservator fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.
new text end

ARTICLE 3

JUDICIARY AND PUBLIC SAFETY

Section 1.

Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:

Subdivision 1.

Contracting with other states and federal government.

The
commissioner of corrections is hereby authorized to contract with agencies and bureaus of
the United States and with the proper officials of other states or a county of this state for
the custody, care, subsistence, education, treatment and training of persons convicted of
criminal offenses constituting felonies in the courts of this state, the United States, or other
states of the United States. deleted text begin Such deleted text end new text begin The new text end contracts shall provide for reimbursing the state of
Minnesota for all costs or other expenses involved, and, to the extent possible, require
payment to the Department of Corrections of a per diem amount that is substantially equal
to or greater than the per diem for the cost of housing Minnesota inmates at the same
facility. This per diem cost shall be based on the assumption that the facility is at or
near capacity. new text begin Funds received under the contracts shall be deposited in the state treasury
and are appropriated to the commissioner of corrections for correctional purposes. new text end Any
prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
to the terms and conditions of the prisoner's original sentence as if the prisoner were
serving the same within the confines of the state in which the conviction and sentence was
had or in the custody of the United States. Nothing herein shall deprive deleted text begin such deleted text end new text begin the new text end inmate of
the right to parole or the rights to legal process in the courts of this state.

Sec. 2.

Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:

Subd. 3.

Temporary detention.

The commissioner of corrections is authorized to
contract with agencies and bureaus of the United States and with the appropriate officials
of any other state or county of this state for the temporary detention of any person in
custody pursuant to any process issued under the authority of the United States, other
states of the United States, or the district courts of this state. The contract shall provide for
reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
extent possible, require payment to the Department of Corrections of a per diem amount
that is substantially equal to or greater than the per diem for the cost of housing Minnesota
inmates at the same facility. This per diem cost shall be based on the assumption that the
facility is at or near capacity. new text begin Funds received under the contracts shall be deposited in the
state treasury and are appropriated to the commissioner of corrections for correctional
purposes.
new text end

Sec. 3.

new text begin [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Conditional release authority. new text end

new text begin The commissioner of corrections has
the authority to release offenders committed to the commissioner's custody who meet the
requirements of this section and of any rules adopted by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Conditional release of certain nonviolent controlled substance
offenders. new text end

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

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

new text begin (2) the offender committed the crime as a result of a controlled substance addiction;
new text end

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

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

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

new text begin (6) the offender has not within the past ten years been convicted or adjudicated
delinquent for a violent crime as defined in section 609.1095 other than the current
conviction for the controlled substance offense.
new text end

new text begin Subd. 3. new text end

new text begin Offer of chemical dependency treatment. new text end

new text begin The commissioner shall offer
all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
(6), the opportunity to begin a suitable chemical dependency treatment program of the
type described in this section within 160 days after the offender's term of imprisonment
begins or as soon after 160 days as possible.
new text end

new text begin Subd. 4. new text end

new text begin Chemical dependency treatment program components. new text end

new text begin (a) The
chemical dependency treatment program described in subdivisions 2 and 3 must:
new text end

new text begin (1) contain a highly structured daily schedule for the offender;
new text end

new text begin (2) contain individualized educational programs designed to improve the basic
educational skills of the offender and to provide vocational training, if appropriate;
new text end

new text begin (3) contain programs designed to promote the offender's self-worth and the offender's
acceptance of responsibility for the consequences of the offender's own decisions;
new text end

new text begin (4) be licensed by the Department of Human Services and designed to serve the
inmate population; and
new text end

new text begin (5) require that each offender submit to a chemical use assessment and that the
offender receive the appropriate level of treatment as indicated by the assessment.
new text end

new text begin (b) The commissioner shall expel from the chemical dependency treatment program
any offender who:
new text end

new text begin (1) commits a material violation of or repeatedly fails to follow the rules of the
program;
new text end

new text begin (2) commits any criminal offense while in the program; or
new text end

new text begin (3) presents any risk to other inmates based on the offender's behavior or attitude.
new text end

new text begin Subd. 5. new text end

new text begin Additional requirements. new text end

new text begin To be eligible for release under this section,
an offender shall sign a written contract with the commissioner agreeing to comply with
the requirements of this section and the conditions imposed by the commissioner. In
addition to other items, the contract must specifically refer to the term of imprisonment
extension in subdivision 6. In addition, the offender shall agree to submit to random drug
and alcohol tests and electronic or home monitoring as determined by the commissioner or
the offender's supervising agent. The commissioner may impose additional requirements
on the offender that are necessary to carry out the goals of this section.
new text end

new text begin Subd. 6. new text end

new text begin Extension of term of imprisonment for offenders who fail in treatment.
new text end

new text begin When an offender fails to successfully complete the chemical dependency treatment
program under this section, the commissioner shall add the time that the offender was
participating in the program to the offender's term of imprisonment. However, the
offender's term of imprisonment may not be extended beyond the offender's executed
sentence.
new text end

new text begin Subd. 7. new text end

new text begin Release procedures. new text end

new text begin The commissioner may deny conditional release to
an offender under this section if the commissioner determines that the offender's release
may reasonably pose a danger to the public or an individual. In making this determination,
the commissioner shall follow the procedures in section 244.05, subdivision 5, and the
rules adopted by the commissioner under that subdivision. The commissioner shall
consider whether the offender was involved in criminal gang activity during the offender's
prison term. The commissioner shall also consider the offender's custody classification
and level of risk of violence and the availability of appropriate community supervision for
the offender. Conditional release granted under this section continues until the offender's
sentence expires, unless release is rescinded under subdivision 8. The commissioner
may not grant conditional release unless a release plan is in place for the offender that
addresses, at a minimum, plans for aftercare, community-based chemical dependency
treatment, gaining employment, and securing housing.
new text end

new text begin Subd. 8. new text end

new text begin Conditional release. new text end

new text begin The conditions of release granted under this
section are governed by the statutes and rules governing supervised release under this
chapter, except that release may be rescinded without hearing by the commissioner if the
commissioner determines that continuation of the conditional release poses a danger to
the public or to an individual. If the commissioner rescinds an offender's conditional
release, the offender shall be returned to prison and shall serve the remaining portion of
the offender's sentence.
new text end

new text begin Subd. 9. new text end

new text begin Offenders serving other sentences. new text end

new text begin An offender who is serving
both a sentence for an offense described in subdivision 2 and an offense not described
in subdivision 2 is not eligible for release under this section unless the offender has
completed the offender's full term of imprisonment for the other offense.
new text end

new text begin Subd. 10. new text end

new text begin Notice. new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to persons
in prison on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2012, section 299A.705, is amended by adding a
subdivision to read:

new text begin Subd. 4. new text end

new text begin Prohibited expenditures. new text end

new text begin The commissioner is prohibited from expending
money from driver and vehicle services accounts created in the special revenue fund for
any purpose that is not specifically authorized in this section or in the chapters specified
in this section.
new text end

Sec. 5.

Minnesota Statutes 2012, section 299A.73, subdivision 3, is amended to read:

Subd. 3.

Grant allocation formula.

Up to deleted text begin one deleted text end new text begin five new text end percent of the appropriations
to the grants-in-aid to the youth intervention program may be used for a grant to
the Minnesota Youth Intervention Programs Association for expenses in providing
deleted text begin collaborative deleted text end new text begin collaboration, program development, professional development new text end training
deleted text begin and deleted text end new text begin , new text end technical assistance deleted text begin to deleted text end new text begin , tracking, and analyzing and reporting outcome data for the
new text end community-based grantees of the program. new text begin The Minnesota Youth Intervention Programs
Association is not required to meet the match obligation under subdivision 2.
new text end

Sec. 6.

Minnesota Statutes 2012, section 357.021, is amended by adding a subdivision
to read:

new text begin Subd. 2b. new text end

new text begin Court technology fund. new text end

new text begin (a) In addition to any other filing fee under this
chapter, the court administrator shall collect a $2 technology fee on filings made under
subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
to the commissioner of management and budget for deposit in the court technology
account in the special revenue fund.
new text end

new text begin (b) A court technology account is established as a special account in the state
treasury and funds deposited in the account are appropriated to the Supreme Court for
distribution of technology funds as provided in paragraph (d). Technology funds may
be used for the following purposes: acquisition, development, support, maintenance,
and upgrades to computer systems, equipment and devices, network systems, electronic
records, filings and payment systems, interactive video teleconferencing, and online
services, to be used by the state courts and their justice partners.
new text end

new text begin (c) The Judicial Council may establish a board consisting of members from the
judicial branch, prosecutors, public defenders, corrections, and civil legal services to
distribute funds collected under paragraph (a). The Judicial Council may adopt policies
and procedures for the operation of the board, including but not limited to policies
and procedures governing membership terms, removal of members, and the filling of
membership vacancies.
new text end

new text begin (d) Applications for the expenditure of technology funds shall be accepted from the
judicial branch, county and city attorney offices, the Board of Public Defense, qualified
legal services programs as defined under section 480.24, corrections agencies, and
part-time public defender offices. The applications shall be reviewed by the Judicial
Council and, if established, the board. In accordance with any recommendations from
the board, the Judicial Council shall distribute the funds available for this expenditure to
selected recipients.
new text end

new text begin (e) By January 15, 2015, and by January 15, 2017, the Judicial Council shall submit
a report to the chairs and ranking minority members of the house of representatives and
senate committees with jurisdiction over judiciary finance providing an accounting on
the amounts collected and expended in the previous biennium, including a list of fund
recipients, the amounts awarded to each recipient, and the technology purpose funded.
new text end

new text begin (f) This subdivision expires June 30, 2018.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013, and applies to filings
made on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(a) For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of deleted text begin two
deleted text end new text begin four new text end years. A municipality as defined in section 466.01, subdivision 1, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.

(b) This paragraph applies to a contract for goods or services in excess of $100,000
to be entered into between a department or agency of the state and a business that is
not subject to paragraph (a), but that has more than 40 full-time employees on a single
working day during the previous 12 months in the state where the business has its primary
place of business. A department or agency of the state may not execute a contract or
agreement with a business covered by this paragraph unless the business has a certificate
of compliance issued by the commissioner under paragraph (a) or the business certifies
that it is in compliance with federal affirmative action requirements.

(c) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.

Sec. 8.

Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect
a deleted text begin $75 deleted text end new text begin $150 new text end fee for each certificate of compliance issued by the commissioner or the
commissioner's designated agent. The proceeds of the fee must be deposited in a
human rights fee special revenue account. Money in the account is appropriated to the
commissioner to fund the cost of issuing certificates and investigating grievances.

Sec. 9.

Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:

Subd. 7.

Compensation; travel expenses.

new text begin (a) new text end The salary of a judge of the Court of
Appeals shall be as provided by section 15A.082. new text begin Except as provided in paragraph (b),
new text end travel expenses shall be paid by the state in the same manner and amount as provided for
judges of the district court in section 484.54.

new text begin (b) For any judge of the Court of Appeals whose permanent place of residence
is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
expenses during the judge's term of service on the Court of Appeals:
new text end

new text begin (1) housing expenses in an amount prescribed by judicial council policy, but not
less than $1,000 per month; and
new text end

new text begin (2) mileage for travel from the judge's permanent place of residence to and from
the judge's permanent chambers charged at the current United States Internal Revenue
Service reimbursement rate.
new text end

new text begin Reimbursable expenses under this paragraph shall be paid by the state in the same manner
as provided for judges of the district court in section 484.54, subdivision 3.
new text end

new text begin (c) Paragraph (b) expires June 30, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014.
new text end

Sec. 10.

Minnesota Statutes 2012, section 609.3455, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Presumptive executed sentence for repeat sex offenders. new text end

new text begin Except as
provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
commit the defendant to the commissioner of corrections for not less than three years, nor
more than the maximum sentence provided by law for the offense for which convicted,
notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
stay the execution of the sentence imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by and can respond to treatment
at a long-term inpatient program exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution of a sentence, it shall include
the following as conditions of probation:
new text end

new text begin (1) incarceration in a local jail or workhouse; and
new text end

new text begin (2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3,
is amended to read:

Subd. 3. Civil Legal Services

11,016,000

11,016,000

deleted text begin (a) deleted text end Legal Services to Low-Income
Clients in Family Law Matters. Of this
appropriation, $877,000 each year is to
improve the access of low-income clients to
legal representation in family law matters.
This appropriation must be distributed
under Minnesota Statutes, section 480.242,
to the qualified legal services programs
described in Minnesota Statutes, section
480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.

deleted text begin (b) Case Priorities. For legal services
funded by state funds, priority must be
given to clients with civil matters within the
jurisdiction of the state courts or agencies.
deleted text end

Sec. 12. new text begin JUDICIAL SALARY INCREASE.
new text end

new text begin (a) The salaries of Supreme Court justices, Court of Appeals judges, and district court
judges are increased by three percent on July 1, 2013, and by three percent on July 1, 2014.
new text end

new text begin (b) In addition to the increases specified in paragraph (a), the salaries of Supreme
Court justices, Court of Appeals judges, and district court judges are increased by one
percent on July 1, 2013, if legislation to increase pension fund contribution rates by judges
by one percent has been enacted into law by July 1, 2013. If the salary increases described
in this paragraph do not take effect, the amount necessary to fund this portion of the salary
increase is canceled to the general fund from the appropriations in article 1, sections 3 to 5.
new text end

Sec. 13. new text begin INTERAGENCY AGREEMENT.
new text end

new text begin The commissioner of corrections shall execute an interagency agreement with the
commissioner of human services to pay the medical assistance cost attributable to medical
assistance eligibility for inmates of public institutions admitted to hospitals on an inpatient
basis. The amount that must be paid by the Department of Corrections shall include all
state medical assistance costs, including administrative costs, attributable to inmates under
state and county jurisdiction admitted to hospitals on an inpatient basis.
new text end

Sec. 14. new text begin JUVENILE JUSTICE SYSTEM REPORT.
new text end

new text begin (a) The following shall appoint representatives to discuss issues specified in
paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI)
and others designated by NAMI: the commissioners of human services, corrections,
and education; a district court judge designated by the Supreme Court; the Minnesota
County Attorneys Association; the state public defender; the Indian Affairs Council;
the Minnesota County Probation Officers Association; and the Minnesota Association
of Community Corrections Act Counties.
new text end

new text begin (b) The issues to be discussed are:
new text end

new text begin (1) shared statewide outcome goals for children in the juvenile justice system and
their families, such as academic success, successful transitions to adulthood, and lower
recidivism rates;
new text end

new text begin (2) the continuum of service necessary to ensure quality care that meets the complex
needs of children in the juvenile justice system and their families;
new text end

new text begin (3) strategies for early identification of and response to needs related to juvenile
justice outcomes, including in the areas of trauma, mental and physical health, chemical
dependency, traumatic brain injury, developmental disabilities, education, family needs,
housing, employment, and any other areas identified by the work group;
new text end

new text begin (4) changes needed to ensure coordinated delivery of quality services to
meet the individual needs of each child in the system, particularly in the areas of
information-sharing, service shortages, and cost pressures;
new text end

new text begin (5) changes needed to ensure coordination between delinquency and CHIPS cases,
schools, the children's mental health system, and any other relevant entities for children
involved in multiple systems;
new text end

new text begin (6) changes to any rules and statutes that create barriers to achieving the shared
outcomes agreed upon by the work group;
new text end

new text begin (7) an implementation plan to achieve integrated service delivery across systems and
across the public, private, and nonprofit sectors;
new text end

new text begin (8) an implementation plan to accomplish the shared outcomes agreed upon by
the work group; and
new text end

new text begin (9) financing mechanisms that include all possible revenue sources to maximize
federal, state, and local funding and promote cost efficiencies and sustainability.
new text end

new text begin (c) The National Alliance on Mental Illness shall report to the legislature on
results of discussions under this section by February 15, 2014, after consulting with the
commissioners of human services, corrections, and education.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 243.51, subdivision 5, new text end new text begin is repealed.
new text end

ARTICLE 4

DATA INTEGRATION PROJECT

Section 1.

Minnesota Statutes 2012, section 241.301, is amended to read:

241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
FROM OTHER STATES.

The commissioner of corrections shall establish procedures so that whenever this
state receives an inmate, parolee, or probationer from another state under sections 241.28
to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
are obtained and forwarded deleted text begin to the Bureau of Criminal Apprehension. deleted text end new text begin by electronic entry
into a Bureau of Criminal Apprehension-managed searchable database within 24 hours
of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic
format for entry into the searchable database within three business days of receipt if the
data is not entered by the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2012, section 253B.24, is amended to read:

253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
BACKGROUND CHECK SYSTEM.

When a court:

(1) commits a person under this chapter as being mentally ill, developmentally
disabled, mentally ill and dangerous, or chemically dependent;

(2) determines in a criminal case that a person is incompetent to stand trial or not
guilty by reason of mental illness; or

(3) restores a person's ability to possess a firearm under section 609.165, subdivision
1d, or 624.713, subdivision 4,

the court shall ensure that this information is new text begin electronically new text end transmitted deleted text begin as soon as
practicable deleted text end new text begin within three business days new text end to the National Instant Criminal Background
Check System.

Sec. 3.

Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:

Subdivision 1.

Required fingerprinting.

(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of
the following:

(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;

(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;

(3) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;

(6) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for any offense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be linked to an arrest record,
and whose fingerprints are necessary to reduce the number of suspense files, or to comply
with the mandates of section 299C.111, relating to the reduction of the number of suspense
files. This duty to obtain fingerprints for the offenses in suspense at the request of the
bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
while making court appearances, while in custody, or while on any form of probation,
diversion, or supervised release.

(b) Unless the superintendent of the bureau requires a shorter period, within 24
hours new text begin of taking the fingerprints and data, new text end the fingerprint records and other identification
data specified under paragraph (a) must be deleted text begin forwarded to the bureau on such forms and in
such deleted text end new text begin electronically entered into a bureau-managed searchable database in a new text end manner as
may be prescribed by the superintendent.

(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.

(d) Finger and thumb prints must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the
taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
this time period may be extended upon a showing that additional time in custody is
essential for the successful taking of prints.

(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
or 629.75 (domestic abuse no contact order).

Sec. 4.

Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:

Subd. 3.

Bureau duty.

The bureau must deleted text begin enter deleted text end new text begin convert into an electronic format for
entry new text end in the criminal records system deleted text begin finger and thumb prints deleted text end new text begin fingerprints, thumbprints,
and other identification data new text end within deleted text begin five working days deleted text end new text begin three business days new text end after they are
received under this section new text begin if the fingerprints, thumbprints, and other identification data
were not electronically entered by a criminal justice agency new text end .

Sec. 5.

Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:

Subdivision 1.

Identification data other than DNA.

(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which must be taken under the
provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have been convicted of a felony,
gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
their arrest. When the bureau learns that an individual who is the subject of a background
check has used, or is using, identifying information, including, but not limited to, name
and date of birth, other than those listed on the criminal history, the bureau deleted text begin may add deleted text end new text begin shall
convert into an electronic format, if necessary, and enter into a bureau-managed searchable
database new text end the new identifying information deleted text begin to the criminal history deleted text end when supported by
fingerprints new text begin within three business days of learning the information if the information is
not entered by a law enforcement agency new text end .

(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:

(1) all charges were dismissed prior to a determination of probable cause; or

(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.

Where these conditions are met, the bureau or agency shall, upon demand, return to
the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.

(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.

Sec. 6.

Minnesota Statutes 2012, section 299C.14, is amended to read:

299C.14 INFORMATION ON RELEASED PRISONER.

It shall be the duty of the officials having charge of the penal institutions of the state
or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive physical mark identification
data, other identification data, modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal institutions, together with the period
of their service and the time, terms, and conditions of their discharge. This duty to furnish
information includes, but is not limited to, requests for fingerprints as the superintendent of
the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
history files, to reduce the number of suspense files, or to comply with the mandates
of section 299C.111 relating to the reduction of the number of suspense files where a
disposition record is received that cannot be linked to an arrest record. new text begin The officials shall
electronically enter the information in a bureau-managed searchable database within 24
hours of a prisoner's date of release or discharge. The bureau shall convert the information
into an electronic format and enter it into the searchable database within three business
days of the date of receipt, if the information is not entered by the officials.
new text end

Sec. 7.

Minnesota Statutes 2012, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall deleted text begin have power to deleted text end require the court administrator deleted text begin of any
county deleted text end new text begin of every court which sentences a defendant for a felony, gross misdemeanor, or
targeted misdemeanor new text end to deleted text begin file with the department, at such time as the superintendent may
designate, deleted text end new text begin electronically transmit within 24 hours of the disposition of the case new text end a report,
deleted text begin upon such deleted text end new text begin in a new text end form deleted text begin as deleted text end new text begin prescribed by new text end the superintendent deleted text begin may prescribe, furnishing such
deleted text end new text begin providing new text end information deleted text begin as the deleted text end new text begin required by the new text end superintendent deleted text begin may require deleted text end with regard to
the prosecution and disposition of criminal cases. A copy of the report shall be kept on
file in the office of the court administrator.

Sec. 8.

Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:

Subd. 3.

Notice.

(a) When a person is convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing, a crime of violence as
defined in section 624.712, subdivision 5, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol or semiautomatic military-style assault
weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
this prohibition. The failure of the court to provide this information to a defendant does
not affect the applicability of the pistol or semiautomatic military-style assault weapon
possession prohibition or the felony penalty to that defendant.

(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing a pistol or semiautomatic military-style assault weapon
until the person has completed the diversion program and the charge of committing a
crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
prohibition; and (3) if the defendant violates this condition of participation in the diversion
program, the charge of committing a crime of violence may be prosecuted. The failure of
the court to provide this information to a defendant does not affect the applicability of the
pistol or semiautomatic military-style assault weapon possession prohibition or the gross
misdemeanor penalty to that defendant.

new text begin (c) A court shall notify a person subject to subdivision 1, clause (3), of the
prohibitions described in that clause and those described in United States Code, title 18,
sections 922(d)(4) and 922(g)(4).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 9.

Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Provision of firearms background check information. new text end

new text begin (a) When a
court places a person, including a person under the jurisdiction of the juvenile court, who
is charged with committing a crime of violence into a pretrial diversion program before
disposition, the court must ensure that information regarding the person's placement in
that program and the ordered expiration date of that placement is transmitted as soon as
practicable to the National Instant Criminal Background Check System. When a person
successfully completes or discontinues the program, the prosecuting attorney must also
report that fact within 24 hours of receipt to the National Instant Criminal Background
Check System.
new text end

new text begin (b) The court must report the conviction and duration of the firearms disqualification
imposed as soon as practicable to the National Instant Criminal Background Check
System when a person is convicted of a gross misdemeanor that disqualifies the person
from possessing firearms under the following sections:
new text end

new text begin (1) 518B.01, subdivision 14;
new text end

new text begin (2) 609.224, subdivision 3;
new text end

new text begin (3) 609.2242, subdivision 3;
new text end

new text begin (4) 609.749, subdivision 8;
new text end

new text begin (5) 624.713, subdivision 1, clause (11); or
new text end

new text begin (6) 629.715, subdivision 2.
new text end

new text begin (c) If the court reports a firearms disqualification based on a charge of violating an
offense listed in paragraph (b), the court must provide notice of the disposition of the charge
to the National Instant Criminal Background Check System within three business days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2013.
new text end

Sec. 10. new text begin PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
new text end

new text begin (a) By July 1, 2014, a court shall electronically enter into the National Instant
Criminal Background Check System information on all persons civilly committed during
the period from January 1, 1994, to September 28, 2010, that has not already been
entered in the system. The information provided under this paragraph must include civil
commitment orders and orders restoring firearms eligibility under Minnesota Statutes,
section 624.713, subdivision 4.
new text end

new text begin (b) By September 1, 2013, courts and law enforcement agencies shall electronically
enter into a Bureau of Criminal Apprehension-managed database information on all
persons convicted in a Minnesota court of a felony during the years 2008 to 2012 that
has not already been entered in a searchable database. The bureau shall convert into an
electronic format and enter into the searchable database, within three business days of
receipt of the data, all data received from a court or law enforcement agency that is not
entered by the court or agency into a bureau-managed searchable database.
new text end

new text begin (c) The governor or commissioner of public safety may extend the time for entering
information of prior civil commitments and felony convictions under paragraphs (a) and
(b) for a period not to exceed 60 days for good cause shown.
new text end

Sec. 11. new text begin CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
GROUP.
new text end

new text begin The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
and ranking minority members of the house of representatives and senate committees
having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
search capabilities of the Bureau of Criminal Apprehension-managed databases and
recommend how the search capabilities of the databases may be improved with, among
other proposals, an increase in the number of identification data for each person included
in the databases. The group shall also report on the progress made on reducing the number
of bureau suspense files and recommendations to facilitate the reduction of these files. The
group, in consultation with the revisor of statutes, shall review existing law relating to the
timely transmittal and entry of data and propose legislation for the 2014 legislative session
that clarifies, conforms, implements, and resolves any conflicts with this act.
new text end