SF 1118

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:18am

A bill for an act
relating to criminal justice; requiring the Sentencing Guidelines Commission
and the Departments of Corrections and Public Safety to review its reports;
requiring Department of Corrections to annually report on felony DWI
offenders; requiring that reports to the legislature by criminal justice agencies be
submitted electronically; repealing reports on out-of-state juvenile placement;
amending Minnesota Statutes 2008, section 3.195, subdivision 1, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 244;
repealing Minnesota Statutes 2008, sections 260B.199, subdivision 2; 260B.201,
subdivision 3.

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

Section 1.

Minnesota Statutes 2008, section 3.195, subdivision 1, is amended to read:

Subdivision 1.

Distribution of reports.

(a) new text begin Except as provided in subdivision
4, new text end a report to the legislature required of a department or agency shall be made, unless
otherwise specifically required by law, by filing one copy with the secretary of the senate,
one copy with the chief clerk of the house of representatives, and six copies with the
Legislative Reference Library. The same distribution procedure shall be followed for
other reports and publications unless otherwise requested by a legislator or the Legislative
Reference Library.

(b) A public entity as defined in section 16B.122, shall not distribute a report
or publication to a member or employee of the legislature, except the secretary of the
senate, the chief clerk of the house of representatives, and the Legislative Reference
Library, unless the entity has determined that the member or employee wants the reports
or publications published by that entity or the member or employee has requested the
report or publication. This prohibition applies to both mandatory and voluntary reports
and publications. A report or publication may be summarized in an executive summary
and distributed as the entity chooses. Distribution of a report to legislative committee
or commission members during a committee or commission hearing is not prohibited
by this section.

(c) A report or publication produced by a public entity may not be sent to both the
home address and the office address of a representative or senator unless mailing to both
addresses is requested by the representative or senator.

(d) Reports, publications, periodicals, and summaries under this subdivision must
be printed in a manner consistent with section 16B.122.

Sec. 2.

Minnesota Statutes 2008, section 3.195, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Reports of criminal justice agencies; electronic versions only. new text end

new text begin (a) As
used in this subdivision, "criminal justice agency" means the Departments of Corrections,
Public Safety, and Human Rights; the Boards of Public Defense, Peace Officer Standards
and Training, Private Detective and Protective Agent Services, and Judicial Standards; the
Sentencing Guidelines and Uniform Laws Commissions; and the courts.
new text end

new text begin (b) A criminal justice agency that submits a report to the legislature under this
section shall do so by submitting an electronic version rather than a printed one.
Notwithstanding subdivision 1, paragraph (a), and section 15.18, the agency need only
submit one electronic copy to the Legislative Reference Library, the State Library, and the
Minnesota Historical Society. In addition, the agency shall submit one printed copy to
the Legislative Reference Library.
new text end

Sec. 3.

new text begin [244.085] FELONY DWI REPORT.
new text end

new text begin By January 15 of each year, the commissioner 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 on the implementation and
effects of the felony level driving while impaired offense. The report must include the
following information on felony level driving while impaired offenses involving offenders
committed to the commissioner's custody:
new text end

new text begin (1) the number of persons committed;
new text end

new text begin (2) the county of conviction;
new text end

new text begin (3) the offenders' ages and gender;
new text end

new text begin (4) the offenders' prior impaired driving histories and prior criminal histories;
new text end

new text begin (5) the number of offenders:
new text end

new text begin (i) given an executed prison sentence upon conviction and the length of the sentence;
new text end

new text begin (ii) given an executed prison sentence upon revocation of probation, the reasons
for revocation, and the length of sentence;
new text end

new text begin (iii) who successfully complete treatment in prison;
new text end

new text begin (iv) placed on intensive supervision following release from incarceration;
new text end

new text begin (v) placed in the challenge incarceration program, the number of offenders released
from prison under this program, and the number of these offenders who violate their
release conditions and the consequences imposed; and
new text end

new text begin (vi) who violate supervised release and the consequences imposed;
new text end

new text begin (6) per diem costs, including treatment costs, for offenders incarcerated under the
felony sentence provisions; and
new text end

new text begin (7) any other information the commissioner deems relevant to estimating future
costs.
new text end

Sec. 4. new text begin REVIEW OF REPORTS.
new text end

new text begin The Sentencing Guidelines Commission and the Departments of Corrections
and Public Safety shall each review its reports for consolidation and may consider
consolidating any reports with other reports to achieve administrative convenience or
fiscal savings or to reduce the burden of reporting requirements.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 260B.199, subdivision 2; and 260B.201,
subdivision 3, new text end new text begin are repealed.
new text end