SF 2084

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/28/2012 01:11pm

A bill for an act
relating to public safety; eliminating a Department of Corrections report on
performance measures and targets; authorizing the fugitive apprehension unit to
apply for search warrants; restoring the commissioner of corrections' discretion
in selecting inmates to participate in the challenge incarceration program and
requiring the commissioner to report to the legislature on how close to capacity
the program is being operated; permitting victim notification regarding offenders
by Department of Corrections to include electronic notification in addition
to written notification; amending Minnesota Statutes 2010, sections 241.016,
subdivision 1; 241.025, subdivision 2; 244.17, subdivisions 1, 2; 253B.18,
subdivision 5a; 253B.185, subdivision 10; 611A.06, subdivisions 1, 2; 626.05,
subdivision 2.

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

Section 1.

Minnesota Statutes 2010, section 241.016, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over criminal justice
funding by January 15 of each odd-numbered year. The issuance and content of the report
must include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures;

(3) department annual statistics as outlined in the departmental policies and
procedures; and

(4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion rates.

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). The recidivism analysis must: (1) assess education programs, vocational programs,
treatment programs, including mental health programs, industry, and employment; and (2)
assess statewide re-entry policies and funding, including postrelease treatment, education,
training, and supervision. In addition, when reporting recidivism for the department's
adult and juvenile facilities, the department shall report on the extent to which offenders it
has assessed as chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment programs.

deleted text begin (c) By August 31 of each odd-numbered year, the commissioner must present to the
individuals identified in paragraph (a) a report that lists and describes the performance
measures and targets the department will include in the biennial performance report. The
measures and targets must include a budget target for the next two years and a history of
the department's performance for the previous five years. At a minimum, the report must
include measures and targets for the data and information identified in paragraphs (a) and
(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
deleted text end

deleted text begin (1) average statutory per diem for adult offenders, female offenders, and juvenile
offenders;
deleted text end

deleted text begin (2) the Department of Corrections field services;
deleted text end

deleted text begin (3) staffing and salaries for both department divisions and institutions;
deleted text end

deleted text begin (4) the use of private and local institutions to house persons committed to the
commissioner;
deleted text end

deleted text begin (5) the cost of inmate health and dental care;
deleted text end

deleted text begin (6) implementation and use of corrections best practices; and
deleted text end

deleted text begin (7) the challenge incarceration program.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2010, section 241.025, subdivision 2, is amended to read:

Subd. 2.

Limitations.

The initial processing of a person arrested by the fugitive
apprehension unit for an offense within the agency's jurisdiction is the responsibility of
the fugitive apprehension unit unless otherwise directed by the law enforcement agency
with primary jurisdiction. A subsequent investigation is the responsibility of the law
enforcement agency of the jurisdiction in which a new crime is committed. deleted text begin The fugitive
apprehension unit members are not authorized to apply for a search warrant as prescribed
in section 626.05.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 244.17, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin may new text end select offenders who
meet the eligibility requirements of subdivisions 2 and 3 to participate in a challenge
incarceration program described in sections 244.171 and 244.172 for all or part of the
offender's sentence if the offender agrees to participate in the program and signs a written
contract with the commissioner agreeing to comply with the program's requirements.

new text begin (b) The commissioner shall strive to select sufficient numbers of eligible offenders
to ensure that the program operates as close to capacity as possible. The commissioner
shall include specific information on how close to capacity the program is operating in the
department's performance report described in section 241.016.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2010, section 244.17, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

(a) deleted text begin Unless a person is ineligible under subdivision 3, deleted text end The
commissioner must deleted text begin offer a bed in deleted text end new text begin limit new text end the challenge incarceration program to the
following persons:

(1) offenders who are committed to the commissioner's custody following revocation
of a stayed sentence; and

(2) offenders who are committed to the commissioner's custody, who have 48
months or less in or remaining in their term of imprisonment, and who did not receive a
dispositional departure under the Sentencing Guidelines.

(b) If there is insufficient space for an eligible person, the commissioner deleted text begin shall deleted text end new text begin may new text end
place the person's name on a waiting list and offer the person the chance to participate
when space becomes available if the person is still eligible under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2010, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime
the behavior for which forms the basis for a commitment under this section or section
253B.185; and

(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.185 that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section
or section 253B.185 shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted. In addition,
the county attorney shall make a reasonable effort to promptly notify the victim of the
resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the medical director, special review
board, or commissioner with respect to the person. To the extent possible, the notice
must be provided at least 14 days before any special review board hearing or before
a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
commissioner shall provide the judicial appeal panel with victim information in order to
comply with the provisions of this section. The judicial appeal panel shall ensure that the
data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification new text begin through
the Department of Corrections electronic victim notification system, or new text end by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. new text begin
A request for notice under this subdivision received by the commissioner of corrections
through the Department of Corrections electronic victim notification system shall be
promptly forwarded to the prosecutorial authority with jurisdiction over the offense to
which the notice relates or, following commitment, the head of the treatment facility. new text end A
county attorney who receives a request for notification under this paragraph new text begin following
commitment new text end shall promptly forward the request to the commissioner of human services.

(e) The rights under this subdivision are in addition to rights available to a victim
under chapter 611A. This provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
253B.185, subdivision 10.

Sec. 6.

Minnesota Statutes 2010, section 253B.185, subdivision 10, is amended to read:

Subd. 10.

Victim notification of petition and release; right to submit statement.

(a) As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
includes criminal sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
sexually motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime,
the behavior for which forms the basis for a commitment under this section or section
253B.18; and

(3) "convicted" and "conviction" have the meanings given in section 609.02,
subdivision 5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
and findings in commitment cases under this section or section 253B.18, that an act or
acts constituting a crime occurred.

(b) A county attorney who files a petition to commit a person under this section shall
make a reasonable effort to provide prompt notice of filing the petition to any victim of a
crime for which the person was convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the resolution of the petition.

(c) Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person
committed under this section from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the person was
convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the head of the treatment facility or
designee, or special review board, with respect to the person. To the extent possible, the
notice must be provided at least 14 days before any special review board hearing or before
a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
commissioner shall provide the judicial appeal panel with victim information in order to
comply with the provisions of this section. The judicial appeal panel shall ensure that the
data on victims remains private as provided for in section 611A.06, subdivision 4.

(d) This subdivision applies only to victims who have requested notification new text begin through
the Department of Corrections electronic victim notification system, or new text end by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred or
where the civil commitment was filed or, following commitment, the head of the treatment
facility. new text begin A request for notice under this subdivision received by the commissioner of
corrections through the Department of Corrections electronic victim notification system
shall be promptly forwarded to the prosecutorial authority with jurisdiction over the
offense to which the notice relates or, following commitment, the head of the treatment
facility. new text end A county attorney who receives a request for notification under this paragraph new text begin
following commitment new text end shall promptly forward the request to the commissioner of human
services.

(e) Rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person"
or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18,
subdivision 4a, 4b, or 5.

Sec. 7.

Minnesota Statutes 2010, section 611A.06, subdivision 1, is amended to read:

Subdivision 1.

Notice of release required.

The commissioner of corrections or
other custodial authority shall make a good faith effort to notify the victim that the
offender is to be released from imprisonment or incarceration, including release on
extended furlough and for work release; released from a juvenile correctional facility;
released from a facility in which the offender was confined due to incompetency, mental
illness, or mental deficiency, or commitment under section 253B.18 or 253B.185; or if
the offender's custody status is reduced, if the victim has mailed to the commissioner of
corrections or to the head of the facility in which the offender is confined a written request
for this notice new text begin , or the victim has made a request for this notice to the commissioner of
corrections through the Department of Corrections electronic victim notification system new text end .
The good faith effort to notify the victim must occur prior to the offender's release or when
the offender's custody status is reduced. For a victim of a felony crime against the person
for which the offender was sentenced to imprisonment for more than 18 months, the good
faith effort to notify the victim must occur 60 days before the offender's release.

Sec. 8.

Minnesota Statutes 2010, section 611A.06, subdivision 2, is amended to read:

Subd. 2.

Contents of notice.

The notice given to a victim of a crime against a
person must include the conditions governing the offender's release, and either the identity
of the corrections agent who will be supervising the offender's release or a means to
identify the court services agency that will be supervising the offender's release. The
commissioner or other custodial authority complies with this section upon mailing the
notice of impending release to the victim at the address which the victim has most recently
provided to the commissioner or authority in writing new text begin , or by providing electronic notice to
the victim who requested this notice through the Department of Corrections electronic
victim notification system new text end .

Sec. 9.

Minnesota Statutes 2010, section 626.05, subdivision 2, is amended to read:

Subd. 2.

Peace officer.

The term "peace officer," as used in sections 626.04 to
626.17, means a person who is licensed as a peace officer in accordance with section
626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer,
conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
Metropolitan Transit police officer, new text begin Minnesota Department of Corrections Fugitive
Apprehension Unit member, new text end or State Patrol trooper as authorized by section 299D.03.