Minnesota Legislature
SF 2273
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to criminal justice; appropriating money for 1.3 the courts, public defenders, public safety, 1.4 corrections, and other criminal justice agencies; 1.5 establishing, funding, modifying, and regulating 1.6 public safety, criminal justice, judiciary, law 1.7 enforcement, corrections, crime victims, and CriMNet 1.8 policies, programs, duties, activities, or practices; 1.9 requiring studies and reports; imposing criminal and 1.10 civil penalties; setting or increasing fines, 1.11 surcharges, and fees; amending Minnesota Statutes 1.12 2004, sections 14.03, subdivision 3; 152.01, 1.13 subdivision 10; 152.021, subdivisions 2a, 3; 168A.05, 1.14 subdivision 3; 171.06, by adding a subdivision; 1.15 171.20, subdivision 4; 171.26; 237.70, subdivision 7; 1.16 241.06; 241.67, subdivisions 7, 8; 243.166; 243.167; 1.17 244.04, subdivision 1; 244.05, subdivisions 2, 4, 5, 1.18 6, 7; 244.052, subdivisions 3, 4, by adding a 1.19 subdivision; 244.09, subdivision 11; 244.10, 1.20 subdivision 2a, by adding a subdivision; 244.18, 1.21 subdivision 2; 253B.08, subdivision 1; 253B.18, 1.22 subdivision 5, by adding a subdivision; 260C.171, by 1.23 adding a subdivision; 299A.38, subdivisions 2, 2a, 3; 1.24 299C.65, subdivisions 1, 2, 5, by adding a 1.25 subdivision; 340A.301, subdivision 6; 340A.302, 1.26 subdivision 3; 340A.311; 340A.404, subdivision 12; 1.27 340A.408, subdivision 4; 340A.414, subdivision 6; 1.28 340A.504, subdivisions 3, 7; 357.021, subdivisions 2, 1.29 6, 7; 357.18; 403.02, subdivisions 7, 13, 17, by 1.30 adding a subdivision; 403.025, subdivisions 3, 7; 1.31 403.05, subdivision 3; 403.07, subdivision 3; 403.08, 1.32 subdivision 10; 403.11, subdivisions 1, 3, 3a; 1.33 403.113, subdivision 1; 403.27, subdivisions 1, 3; 1.34 403.30, subdivision 1; 505.08, subdivision 2; 508.82; 1.35 508A.82; 515B.1-116; 518B.01, subdivision 22; 604.15, 1.36 subdivision 2, by adding a subdivision; 609.108, 1.37 subdivisions 1, 3, 4, 6; 609.109, subdivisions 2, 5; 1.38 609.1095, subdivision 1; 609.115, by adding a 1.39 subdivision; 609.117, subdivisions 1, 2; 609.119; 1.40 609.1351; 609.185; 609.223, by adding a subdivision; 1.41 609.2231, by adding a subdivision; 609.229, 1.42 subdivision 3; 609.321, subdivisions 1, 7, by adding 1.43 subdivisions; 609.325, by adding a subdivision; 1.44 609.341, subdivision 14, by adding a subdivision; 1.45 609.342, subdivisions 2, 3; 609.343, subdivisions 2, 1.46 3; 609.344, subdivisions 2, 3; 609.345, subdivisions 2.1 2, 3; 609.3452, subdivision 1; 609.347; 609.3471; 2.2 609.348; 609.353; 609.485, subdivisions 2, 4; 609.50, 2.3 subdivision 1; 609.527, subdivisions 1, 3, 4, 6, by 2.4 adding a subdivision; 609.531, subdivision 1; 2.5 609.5315, subdivision 1, by adding a subdivision; 2.6 609.746, subdivision 1; 609.748, subdivisions 2, 3a; 2.7 609.749, subdivision 2; 609.79, subdivision 2; 2.8 609.795, by adding a subdivision; 617.81, subdivision 2.9 4, by adding a subdivision; 617.85; 626.556, 2.10 subdivision 3; 628.26; 631.045; proposing coding for 2.11 new law in Minnesota Statutes, chapters 152; 237; 243; 2.12 244; 299A; 299C; 325F; 357; 403; 609; repealing 2.13 Minnesota Statutes 2004, sections 18C.005, 2.14 subdivisions 1a, 35a; 18C.201, subdivisions 6, 7; 2.15 18D.331, subdivision 5; 243.166, subdivisions 1, 8; 2.16 299A.68; 299C.65, subdivisions 3, 4, 6, 7, 8, 8a, 9; 2.17 386.30; 403.30, subdivision 3; 609.108, subdivision 2; 2.18 609.109, subdivision 7; 609.725. 2.19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.20 ARTICLE 1 2.21 PUBLIC SAFETY APPROPRIATIONS 2.22 Section 1. [APPROPRIATIONS.] 2.23 The sums shown in the columns marked "APPROPRIATIONS" are 2.24 added to or, if shown in parentheses, are subtracted from the 2.25 appropriations to the specified agencies in 2005 S.F. No. 1879, 2.26 article 9, if enacted. The appropriations are from the general 2.27 fund, unless another fund is named, and are available for the 2.28 fiscal year indicated for each purpose. The figures "2006" and 2.29 "2007," where used in this article, mean that the additions to 2.30 or subtractions from the appropriations listed under them are 2.31 for the fiscal year ending June 30, 2006, or June 30, 2007, 2.32 respectively. The term "first year" means the fiscal year 2.33 ending June 30, 2006, and the term "second year" means the 2.34 fiscal year ending June 30, 2007. 2.35 SUMMARY BY FUND 2.36 2006 2007 TOTAL 2.37 GENERAL $ 71,233,000 $78,853,000 $150,086,000 2.38 STATE GOVERNMENT 2.39 SPECIAL REVENUE 16,368,000 16,688,000 33,056,000 2.40 SPECIAL REVENUE 1,400,000 1,400,000 2,800,000 2.41 BOND PROCEEDS 62,500,000 -0- 62,500,000 2.42 TOTAL $151,501,000 $96,941,000 $248,442,000 2.43 APPROPRIATIONS 2.44 Available for the Year 2.45 Ending June 30 2.46 2006 2007 3.1 Sec. 2. SUPREME COURT $ 6,090,000 $ 6,041,000 3.2 [CASELOAD INCREASES.] $1,090,000 the 3.3 first year and $1,041,000 the second 3.4 year are for caseload increases. 3.5 [CIVIL LEGAL SERVICES.] $5,000,000 each 3.6 year is for legal services under 3.7 Minnesota Statutes, sections 480.24 to 3.8 480.244. 3.9 [PROHIBITION ON USE OF APPROPRIATIONS 3.10 FOR JUDICIAL SALARY INCREASES.] No 3.11 portion of these appropriations may be 3.12 used for judicial salary increases. 3.13 Sec. 3. COURT OF APPEALS 250,000 250,000 3.14 For caseload increases. 3.15 [PROHIBITION ON USE OF APPROPRIATIONS 3.16 FOR JUDICIAL SALARY INCREASES.] No 3.17 portion of these appropriations may be 3.18 used for judicial salary increases. 3.19 Sec. 4. DISTRICT COURTS 9,275,000 11,592,000 3.20 [CASELOAD INCREASES.] $6,671,000 each 3.21 year is for caseload increases. 3.22 [SEX AND METHAMPHETAMINE OFFENSES.] 3.23 $3,600,000 the first year and 3.24 $7,200,000 the second year are for the 3.25 sex and methamphetamine offense 3.26 sentencing changes made in this act. 3.27 [SPECIALTY COURTS.] $250,000 each year 3.28 is to develop or expand specialty 3.29 courts such as drug courts and mental 3.30 health courts. 3.31 By January 15, 2008, the state court 3.32 administrator shall report to the 3.33 chairs and ranking minority members of 3.34 the senate and house committees and 3.35 divisions having jurisdiction over 3.36 criminal justice policy and funding on 3.37 how this money was used. 3.38 [PROHIBITION ON USE OF APPROPRIATIONS 3.39 FOR JUDICIAL SALARY INCREASES.] No 3.40 portion of these appropriations may be 3.41 used for judicial salary increases. 3.42 Sec. 5. UNIFORM LAWS COMMISSION 5,000 5,000 3.43 For national conference dues. 3.44 Sec. 6. BOARD OF PUBLIC DEFENSE 5,495,000 9,295,000 3.45 [CASELOAD INCREASES.] $1,695,000 each 3.46 year is for caseload increases. 3.47 [SEX AND METHAMPHETAMINE OFFENSES.] 3.48 $3,800,000 the first year and 3.49 $7,600,000 the second year are for the 3.50 sex and methamphetamine offense 3.51 sentencing changes made in this act. 3.52 Sec. 7. PUBLIC SAFETY 4.1 Subdivision 1. Total 4.2 Appropriation 91,944,000 29,811,000 4.3 Summary by Fund 4.4 General 11,676,000 11,723,000 4.5 State Government 4.6 Special Revenue 16,368,000 16,688,000 4.7 Special Revenue 1,400,000 1,400,000 4.8 Bond Proceeds 62,500,000 -0- 4.9 [AGENCYWIDE ADMINISTRATIVE 4.10 CUT.] (175,000) (175,000) 4.11 This is an agencywide administrative 4.12 cut. 4.13 [APPROPRIATIONS FOR PROGRAMS.] The 4.14 amounts that may be spent from this 4.15 appropriation for each program are 4.16 specified in the following subdivisions. 4.17 Subd. 2. Criminal Apprehension 4,976,000 5,023,000 4.18 [AUTOMATED FINGERPRINT IDENTIFICATION 4.19 SYSTEM.] $1,533,000 the first year and 4.20 $2,318,000 the second year are to 4.21 replace the automated fingerprint 4.22 identification system (AFIS). 4.23 [PREDATORY OFFENDER REGISTRATION 4.24 SYSTEM.] $1,146,000 the first year and 4.25 $564,000 the second year are to upgrade 4.26 the predatory offender registration 4.27 (POR) system and to increase the 4.28 monitoring and tracking of registered 4.29 offenders who become noncompliant with 4.30 the law. 4.31 [CRIMINAL JUSTICE INFORMATION SYSTEMS 4.32 (CJIS) AUDIT TRAIL.] $374,000 the first 4.33 year and $203,000 the second year are 4.34 for the Criminal Justice Information 4.35 Systems (CJIS) audit trail. 4.36 [DNA ANALYSIS OF FELON OFFENDERS.] 4.37 $857,000 the first year and $869,000 4.38 the second year are to fund the 4.39 analyses of biological samples from 4.40 felon offenders. 4.41 [LIVESCAN.] $66,000 the first year and 4.42 $69,000 the second year are to fund the 4.43 ongoing costs of Livescan. 4.44 [TEN NEW AGENTS.] $1,000,000 each year 4.45 is for ten Bureau of Criminal 4.46 Apprehension agents to be assigned 4.47 exclusively to methamphetamine 4.48 enforcement, including the 4.49 investigation of manufacturing and 4.50 distributing methamphetamine and 4.51 related violence. These appropriations 4.52 are intended to increase the current 4.53 allocation of Bureau of Criminal 4.54 Apprehension resources dedicated to 4.55 methamphetamine enforcement. Positions 4.56 funded by these appropriations may not 5.1 supplant existing agent assignments or 5.2 positions. 5.3 Subd. 3. Fire Marshal 900,000 900,000 5.4 Subd. 4. Office of Justice 5.5 Programs 7,375,000 7,375,000 5.6 Summary by Fund 5.7 General 5,975,000 5,975,000 5.8 Special Revenue 1,400,000 1,400,000 5.9 [CRIME VICTIM ASSISTANCE GRANTS 5.10 INCREASE.] $1,270,000 each year is to 5.11 increase funding for crime victim 5.12 assistance grants for abused children, 5.13 sexual assault, battered women, and 5.14 general crime victims. 5.15 [BATTERED WOMEN'S SHELTER GRANTS.] 5.16 $2,131,000 each year is to increase 5.17 funding for battered women's shelters 5.18 under Minnesota Statutes, section 5.19 611A.32, and for safe houses. 5.20 [GANG STRIKE FORCE.] $2,374,000 each 5.21 year is for the criminal gang strike 5.22 force. 5.23 The superintendent of the Bureau of 5.24 Criminal Apprehension shall convene a 5.25 working group of stakeholders 5.26 representing the multijurisdictional 5.27 narcotics task forces in operation in 5.28 Minnesota, the Criminal Gang Oversight 5.29 Council and Strike Force, and other 5.30 individuals knowledgeable in narcotics 5.31 and gang issues. The working group 5.32 shall review the operational structure 5.33 and organization of the narcotics task 5.34 forces and Criminal Gang Oversight 5.35 Council and Strike Force, the 5.36 legislative authority and laws 5.37 governing them, and any needs related 5.38 to them. In addition, the working 5.39 group shall recommend whether a merger 5.40 of these entities is advisable. By 5.41 January 15, 2006, the superintendent 5.42 shall report the working group's 5.43 findings and recommendations to the 5.44 chairs and ranking minority members of 5.45 the senate and house committees and 5.46 divisions having jurisdiction over 5.47 criminal justice policy and funding. 5.48 If the working group recommends a 5.49 merger, the report must include 5.50 legislation to accomplish this and, at 5.51 a minimum, address: methods to ensure 5.52 that the current focus on criminal 5.53 gangs is not lost in any merger; how 5.54 money will be allocated between 5.55 narcotics and gang enforcement within 5.56 any merged entity; and data privacy 5.57 issues related to the merger. 5.58 [MINNESOTA FINANCIAL CRIMES TASK 5.59 FORCE.] $1,400,000 each year is from 5.60 the Minnesota Financial Crimes 5.61 Oversight Council account in Minnesota 6.1 Statutes, section 299A.68, subdivision 6.2 10, for the Minnesota Financial Crimes 6.3 Task Force. 6.4 [HOMELESSNESS PILOT PROJECTS.] $200,000 6.5 each year is for the homelessness pilot 6.6 projects described in article 9, 6.7 section 34. 6.8 [ADMINISTRATION COSTS.] Up to 2.5 6.9 percent of the grant funds appropriated 6.10 in this subdivision may be used to 6.11 administer the grant program. 6.12 Subd. 5. 911 Emergency 6.13 Services/ARMER 16,368,000 16,688,000 6.14 This appropriation is from the state 6.15 government special revenue fund for 911 6.16 emergency telecommunications services. 6.17 The total appropriation for this 6.18 purpose, consisting of this 6.19 appropriation plus the appropriation in 6.20 2005 S.F. No. 1879, article 9, section 6.21 9, subdivision 7, if enacted, must be 6.22 spent as provided in this subdivision. 6.23 $3,442,000 the first year and 6.24 $3,064,000 the second year are to fund 6.25 a deficiency due to prior year 6.26 obligations under Minnesota Statutes, 6.27 section 403.11, that were estimated in 6.28 the December 2004 911 fund statement to 6.29 be $6,504,700 on July 1, 2005. "Prior 6.30 year obligations" means reimbursable 6.31 costs under Minnesota Statutes, section 6.32 403.11, subdivision 1, incurred under 6.33 the terms and conditions of a contract 6.34 with the state for a fiscal year 6.35 preceding fiscal year 2004, that have 6.36 been certified in a timely manner in 6.37 accordance with Minnesota Statutes, 6.38 section 403.11, subdivision 3a, and 6.39 that are not barred by statute of 6.40 limitation or other defense. The 6.41 appropriations needed for this purpose 6.42 are estimated to be none in fiscal year 6.43 2008 and thereafter. 6.44 $13,640,000 the first year and 6.45 $13,664,000 the second year are to be 6.46 distributed as provided in Minnesota 6.47 Statutes, section 403.113, subdivision 6.48 2. This appropriation may only be used 6.49 for public safety answering points that 6.50 have implemented phase two wireless 6.51 enhanced 911 service or whose 6.52 governmental agency has made a binding 6.53 commitment to the commissioner of 6.54 public safety to implement phase two 6.55 wireless enhanced 911 service by 6.56 January 1, 2008. If revenue to the 6.57 account is insufficient to support all 6.58 appropriations from the account for a 6.59 fiscal year, this appropriation takes 6.60 priority over other appropriations, 6.61 except the open appropriation in 6.62 Minnesota Statutes, section 403.30, 6.63 subdivision 1, for debt service on 6.64 bonds previously sold. 7.1 $682,000 the first year and $683,000 7.2 the second year are for grants to the 7.3 Minnesota Emergency Medical Services 7.4 Regulatory Board for the Metro East and 7.5 Metro West Medical Resource 7.6 Communication Centers that were in 7.7 operation before January 1, 2000. 7.8 $6,138,000 the first year and 7.9 $6,149,000 the second year are to the 7.10 commissioner of finance to pay debt 7.11 service on revenue bonds issued under 7.12 Minnesota Statutes, section 403.275. 7.13 Any portion of this appropriation not 7.14 needed to pay debt service in a fiscal 7.15 year may be used by the commissioner of 7.16 public safety to pay cash for any of 7.17 the capital improvements for which bond 7.18 proceeds have been appropriated in 7.19 subdivision 6. 7.20 Subd. 6. 800 MHz Public Safety 7.21 Radio and Communication System 62,500,000 7.22 The appropriations in this subdivision 7.23 are from the 911 revenue bond proceeds 7.24 account to the commissioner of public 7.25 safety for the purposes indicated, to 7.26 be available until the project is 7.27 completed or abandoned, subject to 7.28 Minnesota Statutes, section 16A.642. 7.29 (a) Phase 2 Subsystems 8,000,000 7.30 For a grant to the Metropolitan 7.31 Emergency Services Board to pay up to 7.32 50 percent of the cost to a local 7.33 government unit of building a subsystem 7.34 as part of the second phase of the 7.35 public safety radio and communication 7.36 system plan under Minnesota Statutes, 7.37 section 403.36. 7.38 (b) Phase 3 System Backbone 45,000,000 7.39 For the Statewide Radio Board to 7.40 construct the system backbone in the 7.41 third phase of the public safety radio 7.42 and communication system plan under 7.43 Minnesota Statutes, section 403.36. 7.44 (c) Phase 3 Subsystems 9,500,000 7.45 To reimburse local units of government 7.46 for up to 50 percent of the cost of 7.47 building a subsystem of the public 7.48 safety radio and communication system 7.49 established under Minnesota Statutes, 7.50 section 403.36, in the southeast or 7.51 central district of the State Patrol. 7.52 (d) Bond Sale Authorization 7.53 To provide the money appropriated in 7.54 this subdivision, the commissioner of 7.55 finance shall sell and issue bonds of 7.56 the state in an amount up to 7.57 $62,500,000 in the manner, upon the 7.58 terms, and with the effect prescribed 7.59 by Minnesota Statutes, section 403.275. 8.1 Sec. 8. BOARD OF PEACE OFFICER 8.2 STANDARDS AND TRAINING 300,000 300,000 8.3 [OPERATION OF BOARD.] $71,000 each year 8.4 is for the board's continued operation. 8.5 [TRAINING REIMBURSEMENTS.] $89,000 each 8.6 year is for peace officer training 8.7 reimbursements to local units of 8.8 government. 8.9 [TECHNOLOGICAL UPDATES.] $140,000 each 8.10 year is for technological updates. 8.11 [NOT INCLUDED IN BASE BUDGET.] These 8.12 appropriations are not added to the 8.13 board's base budget. 8.14 Sec. 9. CORRECTIONS 8.15 Subdivision 1. Total 8.16 Appropriation 38,135,000 39,647,000 8.17 [APPROPRIATIONS FOR PROGRAMS.] The 8.18 amounts that may be spent from this 8.19 appropriation for each program are 8.20 specified in the following subdivisions. 8.21 Subd. 2. Correctional 8.22 Institutions 11,216,000 12,728,000 8.23 Notwithstanding any law to the 8.24 contrary, the commissioner may use per 8.25 diems collected under contracts for 8.26 beds at MCF-Rush City to operate the 8.27 state correctional system. 8.28 [LEVEL III OFFENDER TRACKING AND 8.29 APPREHENSION.] $70,000 each year is to 8.30 track and apprehend level III predatory 8.31 offenders. 8.32 [SEX OFFENDER TREATMENT AND 8.33 TRANSITIONAL SERVICES.] $1,500,000 each 8.34 year is for sex offender treatment and 8.35 transitional services. 8.36 [HEALTH SERVICES.] $3,720,000 each year 8.37 is for health services. 8.38 [SEX AND METHAMPHETAMINE OFFENSES.] 8.39 $351,000 the first year and $1,863,000 8.40 the second year are for the sex and 8.41 methamphetamine offense sentencing 8.42 changes made in this act. 8.43 [CHEMICAL DEPENDENCY TREATMENT.] 8.44 $4,500,000 each year is for chemical 8.45 dependency treatment programs. 8.46 [MENTAL HEALTH TREATMENT.] $2,000,000 8.47 each year is for mental health 8.48 treatment programs. 8.49 [WORKING GROUP ON INMATE LABOR.] The 8.50 commissioner of corrections and the 8.51 commissioner of the Minnesota Housing 8.52 Finance Agency shall convene a working 8.53 group to study the feasibility of using 8.54 inmate labor to build low-income 8.55 housing manufactured at MCF-Faribault. 9.1 The working group consists of: the 9.2 chief executive officer of MINNCOR 9.3 Industries; representatives from the 9.4 Builders Association of America, 9.5 Minnesota AFL-CIO, Association of 9.6 Minnesota Counties, Minnesota 9.7 Manufactured Housing Association, 9.8 Habitat for Humanity, and Minnesota 9.9 Housing Partnership, selected by those 9.10 organizations; and any other 9.11 individuals deemed appropriate by the 9.12 commissioners. 9.13 By January 15, 2006, the working group 9.14 shall report its findings and 9.15 recommendations to the chairs and 9.16 ranking minority members of the senate 9.17 and house of representatives committees 9.18 and divisions having jurisdiction over 9.19 criminal justice policy and funding and 9.20 jobs, housing, and community 9.21 development policy and funding. 9.22 Subd. 3. Community Services 27,244,000 27,244,000 9.23 [END OF CONFINEMENT REVIEWS.] $94,000 9.24 each year is for end of confinement 9.25 reviews. 9.26 [SEX OFFENDER TRACKING.] $162,000 each 9.27 year is for the acquisition of 9.28 bracelets equipped with tracking 9.29 devices designed to track and monitor 9.30 the movement and location of criminal 9.31 offenders. The commissioner shall use 9.32 the bracelets to monitor high-risk sex 9.33 offenders who are on supervised release 9.34 or probation to help ensure that the 9.35 offenders do not violate conditions of 9.36 their release or probation. 9.37 [COMMUNITY SURVEILLANCE AND 9.38 SUPERVISION.] $1,370,000 each year is 9.39 to provide housing options to maximize 9.40 community surveillance and supervision. 9.41 [INCREASE IN INTENSIVE SUPERVISED 9.42 RELEASE SERVICES.] $1,800,000 each year 9.43 is to increase intensive supervised 9.44 release services. 9.45 [SEX OFFENDER ASSESSMENT 9.46 REIMBURSEMENTS.] $350,000 each year is 9.47 to provide grants to counties for 9.48 reimbursements for sex offender 9.49 assessments as required under Minnesota 9.50 Statutes, section 609.3452, subdivision 9.51 1. 9.52 [SEX OFFENDER TREATMENT AND 9.53 POLYGRAPHS.] $1,250,000 each year is to 9.54 provide treatment for sex offenders on 9.55 community supervision and to pay for 9.56 polygraph testing. 9.57 [INCREASED SUPERVISION OF ADULT SEX 9.58 OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, 9.59 AND OTHER VIOLENT OFFENDERS.] 9.60 $19,093,000 each year is for enhanced 9.61 supervision of adult felony sex 9.62 offenders, domestic violence offenders, 10.1 and other violent offenders by 10.2 employing additional probation officers 10.3 to reduce the caseloads of probation 10.4 officers supervising these offenders on 10.5 probation or supervised release. 10.6 The commissioner shall distribute the 10.7 funds with 30 percent of the money 10.8 appropriated to non-Community 10.9 Corrections Act counties and 70 percent 10.10 appropriated to Community Corrections 10.11 Act counties. The commissioner shall 10.12 distribute the appropriation to 10.13 Community Corrections Act counties 10.14 according to the formula contained in 10.15 Minnesota Statutes, section 401.10. 10.16 Each Community Corrections Act 10.17 jurisdiction and the department's 10.18 probation and supervised release unit 10.19 shall submit to the commissioner an 10.20 analysis of need along with a plan to 10.21 meet these needs and reduce offender 10.22 caseloads. Upon approval of the plans, 10.23 the non-Community Corrections Act 10.24 portion of these funds shall be 10.25 appropriated to the department and the 10.26 distribution shall be based on 10.27 statewide need. The Community 10.28 Corrections Act funds shall be 10.29 disbursed as grants to each Community 10.30 Corrections Act jurisdiction. These 10.31 appropriations may not be used to 10.32 supplant existing state or county 10.33 probation officer positions. 10.34 [CHEMICAL DEPENDENCY TREATMENT AND 10.35 AFTERCARE GRANTS.] $2,500,000 each year 10.36 is for grants to counties to provide 10.37 community-based chemical dependency 10.38 treatment and aftercare. The 10.39 commissioner shall distribute the 10.40 appropriation to counties according to 10.41 the formula contained in Minnesota 10.42 Statutes, section 401.10. In those 10.43 counties where correctional services 10.44 are shared by the Department of 10.45 Corrections and county court services, 10.46 the commissioner shall determine the 10.47 distribution of the grants. Of this 10.48 appropriation, $500,000 each year is 10.49 for grants to counties for programs 10.50 designed to reduce underage drinking 10.51 and for treatment and supervision of 10.52 juvenile substance abuse offenders. 10.53 The commissioner shall ensure that any 10.54 part of this appropriation spent on 10.55 medical assistance-eligible individuals 10.56 earns the maximum medical assistance 10.57 match available from the federal 10.58 government. 10.59 [INTENSIVE SUPERVISION AND AFTERCARE 10.60 FOR CONTROLLED SUBSTANCES OFFENDERS.] 10.61 $625,000 each year is for intensive 10.62 supervision and aftercare services for 10.63 controlled substances offenders 10.64 released from prison under Minnesota 10.65 Statutes, section 244.055. These 10.66 appropriations are not added to the 10.67 department's base budget. By January 11.1 15, 2008, the commissioner shall report 11.2 to the chairs and ranking minority 11.3 members of the senate and house 11.4 committees and divisions having 11.5 jurisdiction over criminal justice 11.6 policy and funding on how this 11.7 appropriation was spent, including an 11.8 assessment on the offenders' transition 11.9 from prison into the community and 11.10 recidivism data. 11.11 [REPORT ON ELECTRONIC MONITORING OF SEX 11.12 OFFENDERS.] By February 15, 2006, the 11.13 commissioner of corrections shall 11.14 report to the chairs and ranking 11.15 minority members of the senate and 11.16 house committees and divisions having 11.17 jurisdiction over criminal justice 11.18 policy and funding on implementing an 11.19 electronic monitoring system for sex 11.20 offenders who are under community 11.21 supervision. The report must address 11.22 the following: 11.23 (1) the advantages and disadvantages in 11.24 implementing this, including the impact 11.25 on public safety; 11.26 (2) the types of sex offenders who 11.27 should be subject to the monitoring; 11.28 (3) the time period that offenders 11.29 should be subject to the monitoring; 11.30 (4) the financial costs associated with 11.31 the monitoring and who should be 11.32 responsible for these costs; and 11.33 (5) the technology available for the 11.34 monitoring. 11.35 Subd. 4. Operations Support (325,000) (325,000) 11.36 This is an agencywide administrative 11.37 cut. 11.38 Sec. 10. BOARD OF VETERINARY 11.39 MEDICINE 7,000 -0- 11.40 For the study on animal products that 11.41 may be used in the manufacture of 11.42 methamphetamine described in article 6, 11.43 section 16. 11.44 ARTICLE 2 11.45 SEX OFFENDERS: 11.46 MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND 11.47 REPEAT SEX OFFENSES; CONDITIONAL RELEASE; 11.48 OTHER SENTENCING CHANGES 11.49 Section 1. Minnesota Statutes 2004, section 244.04, 11.50 subdivision 1, is amended to read: 11.51 Subdivision 1. [REDUCTION OF SENTENCE; INMATES SENTENCED 11.52 FOR CRIMES COMMITTED BEFORE 1993.] Notwithstanding the 12.1 provisions of section 609.11, subdivision 6, and section 12.2 609.109, subdivision 1, the term of imprisonment of any inmate 12.3 sentenced to a presumptive fixed sentence after May 1, 1980, and 12.4 whose crime was committed before August 1, 1993, shall be 12.5 reduced in duration by one day for each two days during which 12.6 the inmate violates none of the disciplinary offense rules 12.7 promulgated by the commissioner. The reduction shall accrue to 12.8 the period of supervised release to be served by the inmate, 12.9 except that the period of supervised release for a sex offender 12.10sentenced andconditionally released by the commissioner under 12.11 section609.108, subdivision 5,609.3455 is governed by that 12.12 provision. 12.13 Except as otherwise provided in subdivision 2, if an inmate 12.14 whose crime was committed before August 1, 1993, violates a 12.15 disciplinary offense rule promulgated by the commissioner, good 12.16 time earned prior to the violation may not be taken away, but 12.17 the inmate may be required to serve an appropriate portion of 12.18 the term of imprisonment after the violation without earning 12.19 good time. 12.20 [EFFECTIVE DATE.] This section is effective August 1, 2005. 12.21 Sec. 2. Minnesota Statutes 2004, section 244.05, 12.22 subdivision 2, is amended to read: 12.23 Subd. 2. [RULES.] The commissioner of corrections shall 12.24 adopt by rule standards and procedures for the revocation of 12.25 supervised or conditional release, and shall specify the period 12.26 of revocation for each violation ofsupervisedrelease. 12.27 Procedures for the revocation ofsupervisedrelease shall 12.28 provide due process of law for the inmate. 12.29 [EFFECTIVE DATE.] This section is effective August 1, 2005, 12.30 and applies to crimes committed on or after that date. 12.31 Sec. 3. Minnesota Statutes 2004, section 244.05, 12.32 subdivision 4, is amended to read: 12.33 Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 12.34 serving a mandatory life sentence under section 609.106 must not 12.35 be given supervised release under this section. An inmate 12.36 serving a mandatory life sentence under section 609.185, clause 13.1 (1), (3), (5), or (6); or 609.109, subdivision2a3, must not be 13.2 given supervised release under this section without having 13.3 served a minimum term of 30 years. An inmate serving a 13.4 mandatory life sentence under section 609.385 must not be given 13.5 supervised release under this section without having served a 13.6 minimum term of imprisonment of 17 years. An inmate serving a 13.7 mandatory life sentence under section 609.342, subdivision 2, 13.8 paragraph (b); 609.343, subdivision 2, paragraph (b); or 13.9 609.3455 must not be given supervised release under this section 13.10 without having served the minimum term of imprisonment specified 13.11 by the court in its sentence. 13.12 [EFFECTIVE DATE.] This section is effective August 1, 2005, 13.13 and applies to crimes committed on or after that date. 13.14 Sec. 4. Minnesota Statutes 2004, section 244.05, 13.15 subdivision 5, is amended to read: 13.16 Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 13.17 commissioner of corrections may, under rules promulgated by the 13.18 commissioner, give supervised release to an inmate serving a 13.19 mandatory life sentence under section 609.185, clause (1), (3), 13.20 (5), or (6); 609.109, subdivision2a3; 609.342, subdivision 2, 13.21 paragraph (b); 609.343, subdivision 2, paragraph (b); 609.3455; 13.22 or 609.385 after the inmate has served the minimum term of 13.23 imprisonment specified in subdivision 4. 13.24 (b) The commissioner shall require the preparation of a 13.25 community investigation report and shall consider the findings 13.26 of the report when making a supervised release decision under 13.27 this subdivision. The report shall reflect the sentiment of the 13.28 various elements of the community toward the inmate, both at the 13.29 time of the offense and at the present time. The report shall 13.30 include the views of the sentencing judge, the prosecutor, any 13.31 law enforcement personnel who may have been involved in the 13.32 case, and any successors to these individuals who may have 13.33 information relevant to the supervised release decision. The 13.34 report shall also include the views of the victim and the 13.35 victim's family unless the victim or the victim's family chooses 13.36 not to participate. 14.1 (c) The commissioner shall make reasonable efforts to 14.2 notify the victim, in advance, of the time and place of the 14.3 inmate's supervised release review hearing. The victim has a 14.4 right to submit an oral or written statement at the review 14.5 hearing. The statement may summarize the harm suffered by the 14.6 victim as a result of the crime and give the victim's 14.7 recommendation on whether the inmate should be given supervised 14.8 release at this time. The commissioner must consider the 14.9 victim's statement when making the supervised release decision. 14.10 (d) When considering whether to give supervised release to 14.11 an inmate serving a life sentence under section 609.342, 14.12 subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph 14.13 (b); or 609.3455, the commissioner shall consider, at a minimum, 14.14 the following: the risk the inmate poses to the community if 14.15 released, the inmate's progress in treatment, the inmate's 14.16 behavior while incarcerated, psychological or other diagnostic 14.17 evaluations of the inmate, the inmate's criminal history, and 14.18 any other relevant conduct of the inmate while incarcerated or 14.19 before incarceration. However, the commissioner may not give 14.20 supervised release to the inmate unless: 14.21 (1) while in prison, the inmate has successfully completed 14.22 appropriate sex offender treatment; 14.23 (2) while in prison, the inmate has been assessed for 14.24 chemical dependency needs and, if appropriate, has successfully 14.25 completed chemical dependency treatment; 14.26 (3) while in prison, the inmate has been assessed for 14.27 mental health needs and, if appropriate, has successfully 14.28 completed mental health treatment; and 14.29 (4) a comprehensive individual release plan is in place for 14.30 the inmate that ensures that, after release, the inmate will 14.31 have suitable housing and receive appropriate aftercare and 14.32 community-based treatment, and includes a postprison employment 14.33 or education plan for the inmate. 14.34 (e) As used in this subdivision, "victim" means the 14.35 individual who suffered harm as a result of the inmate's crime 14.36 or, if the individual is deceased, the deceased's surviving 15.1 spouse or next of kin. 15.2 [EFFECTIVE DATE.] This section is effective August 1, 2005, 15.3 and applies to crimes committed on or after that date. 15.4 Sec. 5. Minnesota Statutes 2004, section 244.05, 15.5 subdivision 6, is amended to read: 15.6 Subd. 6. [INTENSIVE SUPERVISED RELEASE.] The commissioner 15.7 may order that an inmate be placed on intensive supervised 15.8 release for all or part of the inmate's supervised release or 15.9 parole term if the commissioner determines that the action will 15.10 further the goals described in section 244.14, subdivision 1, 15.11 clauses (2), (3), and (4). In addition, the commissioner may 15.12 order that an inmate be placed on intensive supervised release 15.13 for all of the inmate's conditional or supervised release term 15.14 if the inmate was convicted of a sex offense under sections 15.15 609.342 to 609.345 or was sentenced under the provisions of 15.16 section 609.108. The commissioner may impose appropriate 15.17 conditions of release on the inmate including but not limited to 15.18 unannounced searches of the inmate's person, vehicle, or 15.19 premises by an intensive supervision agent; compliance with 15.20 court-ordered restitution, if any; random drug testing; house 15.21 arrest; daily curfews; frequent face-to-face contacts with an 15.22 assigned intensive supervision agent; work, education, or 15.23 treatment requirements; and electronic surveillance. In 15.24 addition, any sex offender placed on intensive supervised 15.25 release may be ordered to participate in an appropriate sex 15.26 offender program as a condition of release. If the inmate 15.27 violates the conditions of the intensive supervised release, the 15.28 commissioner shall impose sanctions as provided in subdivision 3 15.29 and section609.108609.3455. 15.30 [EFFECTIVE DATE.] This section is effective August 1, 2005, 15.31 and applies to crimes committed on or after that date. 15.32 Sec. 6. Minnesota Statutes 2004, section 609.108, 15.33 subdivision 1, is amended to read: 15.34 Subdivision 1. [MANDATORY INCREASED SENTENCE.](a)A court 15.35 shall commit a person to the commissioner of corrections for a 15.36 period of time that is not less than double the presumptive 16.1 sentence under the Sentencing Guidelines and not more than the 16.2 statutory maximum, or if the statutory maximum is less than 16.3 double the presumptive sentence, for a period of time that is 16.4 equal to the statutory maximum, if: 16.5 (1) the court is imposing an executed sentence, based on a16.6Sentencing Guidelines presumptive imprisonment sentence or a16.7dispositional departure for aggravating circumstances or a16.8mandatory minimum sentence,on a person convicted of committing 16.9 or attempting to commit a violation of section 609.342, 609.343, 16.10 609.344,or609.345, oron a person convicted of committing or16.11attempting to commit any other crime listed in subdivision 3 if16.12it reasonably appears to the court that the crime was motivated16.13by the offender's sexual impulses or was part of a predatory16.14pattern of behavior that had criminal sexual conduct as its goal16.15 609.3453; 16.16 (2) thecourt findsfact finder determines that the 16.17 offender is a danger to public safety; and 16.18 (3) thecourt findsfact finder determines that the 16.19offender needs long-term treatment or supervisionoffender's 16.20 criminal sexual behavior is so engrained that the risk of 16.21 reoffending is great without intensive psychotherapeutic 16.22 intervention or other long-term treatment or supervision 16.23 extending beyond the presumptive term of imprisonment and 16.24 supervised release.The finding must be based on a professional16.25assessment by an examiner experienced in evaluating sex16.26offenders that concludes that the offender is a patterned sex16.27offender. The assessment must contain the facts upon which the16.28conclusion is based, with reference to the offense history of16.29the offender or the severity of the current offense, the social16.30history of the offender, and the results of an examination of16.31the offender's mental status unless the offender refuses to be16.32examined. The conclusion may not be based on testing alone. A16.33patterned sex offender is one whose criminal sexual behavior is16.34so engrained that the risk of reoffending is great without16.35intensive psychotherapeutic intervention or other long-term16.36controls.17.1(b) The court shall consider imposing a sentence under this17.2section whenever a person is convicted of violating section17.3609.342 or 609.343.17.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 17.5 and applies to crimes committed on or after that date. 17.6 Sec. 7. Minnesota Statutes 2004, section 609.108, 17.7 subdivision 3, is amended to read: 17.8 Subd. 3. [PREDATORY CRIME.]A predatory crime is a felony17.9violation of section 609.185, 609.19, 609.195, 609.20, 609.205,17.10609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,17.11609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,17.12or 609.582, subdivision 1.As used in this section, "predatory 17.13 crime" has the meaning given in section 609.341, subdivision 22. 17.14 [EFFECTIVE DATE.] This section is effective August 1, 2005, 17.15 and applies to crimes committed on or after that date. 17.16 Sec. 8. Minnesota Statutes 2004, section 609.108, 17.17 subdivision 4, is amended to read: 17.18 Subd. 4. [DANGER TO PUBLIC SAFETY.] Thecourt shall base17.19its findingfact finder shall base its determination that the 17.20 offender is a danger to public safety on any of the following 17.21 factors: 17.22 (1) the crime involved an aggravating factor that would 17.23 justify a durational departure from the presumptive sentence 17.24 under the Sentencing Guidelines; 17.25 (2) the offender previously committed or attempted to 17.26 commit a predatory crime or a violation of section 609.224 or 17.27 609.2242, including: 17.28 (i) an offense committed as a juvenile that would have been 17.29 a predatory crime or a violation of section 609.224 or 609.2242 17.30 if committed by an adult; or 17.31 (ii) a violation or attempted violation of a similar law of 17.32 any other state or the United States; or 17.33 (3) the offender planned or prepared for the crime prior to 17.34 its commission. 17.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 17.36 and applies to crimes committed on or after that date. 18.1 Sec. 9. Minnesota Statutes 2004, section 609.108, 18.2 subdivision 6, is amended to read: 18.3 Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing 18.4 under subdivision 1, the court shall provide that after the 18.5 offender has completed the sentence imposed, less any good time 18.6 earned by an offender whose crime was committed before August 1, 18.7 1993, the commissioner of corrections shall place the offender 18.8 on conditional release for the remainder of the statutory 18.9 maximum period, or for ten years, whichever is longer. The 18.10 terms of conditional release are governed by section 609.3455. 18.11The conditions of release may include successful completion18.12of treatment and aftercare in a program approved by the18.13commissioner, satisfaction of the release conditions specified18.14in section 244.05, subdivision 6, and any other conditions the18.15commissioner considers appropriate. Before the offender is18.16released, the commissioner shall notify the sentencing court,18.17the prosecutor in the jurisdiction where the offender was18.18sentenced, and the victim of the offender's crime, where18.19available, of the terms of the offender's conditional release.18.20If the offender fails to meet any condition of release, the18.21commissioner may revoke the offender's conditional release and18.22order that the offender serve all or a part of the remaining18.23portion of the conditional release term in prison. The18.24commissioner shall not dismiss the offender from supervision18.25before the conditional release term expires.18.26Conditional release granted under this subdivision is18.27governed by provisions relating to supervised release, except as18.28otherwise provided in this subdivision, section 244.04,18.29subdivision 1, or 244.05.18.30 [EFFECTIVE DATE.] This section is effective August 1, 2005, 18.31 and applies to crimes committed on or after that date. 18.32 Sec. 10. Minnesota Statutes 2004, section 609.341, is 18.33 amended by adding a subdivision to read: 18.34 Subd. 22. [PREDATORY CRIME.] "Predatory crime" means a 18.35 felony violation of section 609.185, 609.19, 609.195, 609.20, 18.36 609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 19.1 609.255, 609.498, 609.561, or 609.582, subdivision 1. 19.2 [EFFECTIVE DATE.] This section is effective August 1, 2005, 19.3 and applies to crimes committed on or after that date. 19.4 Sec. 11. Minnesota Statutes 2004, section 609.342, 19.5 subdivision 2, is amended to read: 19.6 Subd. 2. [PENALTY.] (a) Except as otherwise provided 19.7 in paragraph (b); section 609.109; or 609.3455, a person 19.8 convicted under subdivision 1 may be sentenced to imprisonment 19.9 for not more than 30 yearsor to a payment of a fine of not more19.10than $40,000, or both. 19.11(b)Unless a longer mandatory minimum sentence is otherwise 19.12 required by law or the Sentencing Guidelines provide for a 19.13 longer presumptive executed sentence, the court shall presume 19.14 that an executed sentence of 144 months must be imposed on an 19.15 offender convicted of violating this section. Sentencing a 19.16 person in a manner other than that described in this paragraph 19.17 is a departure from the Sentencing Guidelines. 19.18 (b) The court shall sentence a person to imprisonment for 19.19 life if the person is convicted under subdivision 1, clause (c), 19.20 (d), (e), (f), or (h), and the fact finder determines beyond a 19.21 reasonable doubt that any of the following circumstances exist: 19.22 (1) the offender tortured the complainant; 19.23 (2) the offender intentionally inflicted great bodily harm 19.24 upon the complainant; 19.25 (3) the offender intentionally mutilated the complainant; 19.26 (4) the offender exposed the complainant to extreme 19.27 inhumane conditions; 19.28 (5) the offender was armed with a dangerous weapon or any 19.29 article used or fashioned in a manner to lead the complainant to 19.30 reasonably believe it to be a dangerous weapon and used or 19.31 threatened to use the weapon or article to cause the complainant 19.32 to submit; 19.33 (6) the offense involved sexual penetration or sexual 19.34 contact with more than one victim; or 19.35 (7) the offense involved more than one perpetrator engaging 19.36 in sexual penetration or sexual contact with the complainant. 20.1 The fact finder may not consider a circumstance described 20.2 in clauses (1) to (7), if it is an element of the underlying 20.3 specified violation of subdivision 1. 20.4 When sentencing an offender under this paragraph, the court 20.5 shall specify a minimum term of imprisonment, based on the 20.6 sentencing guidelines or any applicable mandatory minimum 20.7 sentence, that must be served before the offender may be 20.8 considered for supervised release. 20.9 (c) As used in this subdivision: 20.10 (1) "extreme inhumane conditions" means situations where, 20.11 either before or after the sexual penetration, the offender 20.12 knowingly causes or permits the complainant to be placed in a 20.13 situation likely to cause the complainant severe ongoing mental, 20.14 emotional, or psychological harm, or causes the complainant's 20.15 death; 20.16 (2) "mutilation" means the intentional infliction of 20.17 physical abuse designed to cause serious permanent disfigurement 20.18 or permanent or protracted loss or impairment of the functions 20.19 of any bodily member or organ, where the offender relishes the 20.20 infliction of the abuse, evidencing debasement or perversion; 20.21 and 20.22 (3) "torture" means the intentional infliction of extreme 20.23 mental anguish, or extreme psychological or physical abuse, when 20.24 committed in an especially depraved manner. 20.25 (d) In addition to the sentence imposed under paragraph (a) 20.26 or (b), the person may also be sentenced to the payment of a 20.27 fine of not more than $40,000. 20.28 (e) Notwithstanding the statutory maximum sentence 20.29 described in paragraph (a) or (b), the person is also subject to 20.30 conditional release as provided in section 609.3455. 20.31 [EFFECTIVE DATE.] This section is effective August 1, 2005, 20.32 and applies to crimes committed on or after that date. 20.33 Sec. 12. Minnesota Statutes 2004, section 609.342, 20.34 subdivision 3, is amended to read: 20.35 Subd. 3. [STAY.] Except when imprisonment is required 20.36 under section 609.109 or 609.3455, if a person is convicted 21.1 under subdivision 1, clause (g), the court may stay imposition 21.2 or execution of the sentence if it finds that: 21.3 (a) a stay is in the best interest of the complainant or 21.4 the family unit; and 21.5 (b) a professional assessment indicates that the offender 21.6 has been accepted by and can respond to a treatment program. 21.7 If the court stays imposition or execution of sentence, it 21.8 shall include the following as conditions of probation: 21.9 (1) incarceration in a local jail or workhouse; 21.10 (2) a requirement that the offender complete a treatment 21.11 program; and 21.12 (3) a requirement that the offender have no unsupervised 21.13 contact with the complainant until the offender has successfully 21.14 completed the treatment program unless approved by the treatment 21.15 program and the supervising correctional agent. 21.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 21.17 and applies to crimes committed on or after that date. 21.18 Sec. 13. Minnesota Statutes 2004, section 609.343, 21.19 subdivision 2, is amended to read: 21.20 Subd. 2. [PENALTY.] (a) Except as otherwise provided in 21.21 section 609.109 or 609.3455, a person convicted under 21.22 subdivision 1 may be sentenced to imprisonment for not more than 21.23 25 yearsor to a payment of a fine of not more than $35,000, or21.24both. 21.25(b)Unless a longer mandatory minimum sentence is otherwise 21.26 required by law or the Sentencing Guidelines provide for a 21.27 longer presumptive executed sentence, the court shall presume 21.28 that an executed sentence of 90 months must be imposed on an 21.29 offender convicted of violating subdivision 1, clause (c), (d), 21.30 (e), (f), or (h). Sentencing a person in a manner other than 21.31 that described in this paragraph is a departure from the 21.32 Sentencing Guidelines. 21.33 (b) The court shall sentence a person to imprisonment for 21.34 life if the person is convicted under subdivision 1, clause (c), 21.35 (d), (e), (f), or (h), and the fact finder determines beyond a 21.36 reasonable doubt that any of the following circumstances exist: 22.1 (1) the offender tortured the complainant; 22.2 (2) the offender intentionally inflicted great bodily harm 22.3 upon the complainant; 22.4 (3) the offender intentionally mutilated the complainant; 22.5 (4) the offender exposed the complainant to extreme 22.6 inhumane conditions; 22.7 (5) the offender was armed with a dangerous weapon or any 22.8 article used or fashioned in a manner to lead the complainant to 22.9 reasonably believe it to be a dangerous weapon and used or 22.10 threatened to use the weapon or article to cause the complainant 22.11 to submit; 22.12 (6) the offense involved sexual penetration or sexual 22.13 contact with more than one victim; or 22.14 (7) the offense involved more than one perpetrator engaging 22.15 in sexual penetration or sexual contact with the complainant. 22.16 The fact finder may not consider a circumstance described 22.17 in clauses (1) to (7), if it is an element of the underlying 22.18 specified violation of subdivision 1. 22.19 When sentencing an offender under this paragraph, the court 22.20 shall specify a minimum term of imprisonment, based on the 22.21 sentencing guidelines or any applicable mandatory minimum 22.22 sentence, that must be served before the offender may be 22.23 considered for supervised release. 22.24 (c) As used in this subdivision: 22.25 (1) "extreme inhumane conditions" means situations where, 22.26 either before or after the sexual penetration, the offender 22.27 knowingly causes or permits the complainant to be placed in a 22.28 situation likely to cause the complainant severe ongoing mental, 22.29 emotional, or psychological harm, or causes the complainant's 22.30 death; 22.31 (2) "mutilation" means the intentional infliction of 22.32 physical abuse designed to cause serious permanent disfigurement 22.33 or permanent or protracted loss or impairment of the functions 22.34 of any bodily member or organ, where the offender relishes the 22.35 infliction of the abuse, evidencing debasement or perversion; 22.36 and 23.1 (3) "torture" means the intentional infliction of extreme 23.2 mental anguish, or extreme psychological or physical abuse, when 23.3 committed in an especially depraved manner. 23.4 (d) In addition to the sentence imposed under paragraph (a) 23.5 or (b), the person may also be sentenced to the payment of a 23.6 fine of not more than $35,000. 23.7 (e) Notwithstanding the statutory maximum sentence 23.8 described in paragraph (a) or (b), the person is also subject to 23.9 conditional release as provided in section 609.3455. 23.10 [EFFECTIVE DATE.] This section is effective August 1, 2005, 23.11 and applies to crimes committed on or after that date. 23.12 Sec. 14. Minnesota Statutes 2004, section 609.343, 23.13 subdivision 3, is amended to read: 23.14 Subd. 3. [STAY.] Except when imprisonment is required 23.15 under section 609.109 or 609.3455, if a person is convicted 23.16 under subdivision 1, clause (g), the court may stay imposition 23.17 or execution of the sentence if it finds that: 23.18 (a) a stay is in the best interest of the complainant or 23.19 the family unit; and 23.20 (b) a professional assessment indicates that the offender 23.21 has been accepted by and can respond to a treatment program. 23.22 If the court stays imposition or execution of sentence, it 23.23 shall include the following as conditions of probation: 23.24 (1) incarceration in a local jail or workhouse; 23.25 (2) a requirement that the offender complete a treatment 23.26 program; and 23.27 (3) a requirement that the offender have no unsupervised 23.28 contact with the complainant until the offender has successfully 23.29 completed the treatment program unless approved by the treatment 23.30 program and the supervising correctional agent. 23.31 [EFFECTIVE DATE.] This section is effective August 1, 2005, 23.32 and applies to crimes committed on or after that date. 23.33 Sec. 15. Minnesota Statutes 2004, section 609.344, 23.34 subdivision 2, is amended to read: 23.35 Subd. 2. [PENALTY.] Except as otherwise provided in 23.36 section 609.3455, a person convicted under subdivision 1 may be 24.1 sentenced to imprisonment for not more than 15 years or to a 24.2 payment of a fine of not more than $30,000, or 24.3 both. Notwithstanding this statutory maximum sentence, the 24.4 person is also subject to conditional release as provided in 24.5 section 609.3455. 24.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 24.7 and applies to crimes committed on or after that date. 24.8 Sec. 16. Minnesota Statutes 2004, section 609.344, 24.9 subdivision 3, is amended to read: 24.10 Subd. 3. [STAY.] Except when imprisonment is required 24.11 under section 609.109 or 609.3455, if a person is convicted 24.12 under subdivision 1, clause (f), the court may stay imposition 24.13 or execution of the sentence if it finds that: 24.14 (a) a stay is in the best interest of the complainant or 24.15 the family unit; and 24.16 (b) a professional assessment indicates that the offender 24.17 has been accepted by and can respond to a treatment program. 24.18 If the court stays imposition or execution of sentence, it 24.19 shall include the following as conditions of probation: 24.20 (1) incarceration in a local jail or workhouse; 24.21 (2) a requirement that the offender complete a treatment 24.22 program; and 24.23 (3) a requirement that the offender have no unsupervised 24.24 contact with the complainant until the offender has successfully 24.25 completed the treatment program unless approved by the treatment 24.26 program and the supervising correctional agent. 24.27 [EFFECTIVE DATE.] This section is effective August 1, 2005, 24.28 and applies to crimes committed on or after that date. 24.29 Sec. 17. Minnesota Statutes 2004, section 609.345, 24.30 subdivision 2, is amended to read: 24.31 Subd. 2. [PENALTY.] Except as otherwise provided in 24.32 section 609.3455, a person convicted under subdivision 1 may be 24.33 sentenced to imprisonment for not more than ten years or to a 24.34 payment of a fine of not more than $20,000, or 24.35 both. Notwithstanding this statutory maximum sentence, the 24.36 person is also subject to conditional release as provided in 25.1 section 609.3455. 25.2 [EFFECTIVE DATE.] This section is effective August 1, 2005, 25.3 and applies to crimes committed on or after that date. 25.4 Sec. 18. Minnesota Statutes 2004, section 609.345, 25.5 subdivision 3, is amended to read: 25.6 Subd. 3. [STAY.] Except when imprisonment is required 25.7 under section 609.109 or 609.3455, if a person is convicted 25.8 under subdivision 1, clause (f), the court may stay imposition 25.9 or execution of the sentence if it finds that: 25.10 (a) a stay is in the best interest of the complainant or 25.11 the family unit; and 25.12 (b) a professional assessment indicates that the offender 25.13 has been accepted by and can respond to a treatment program. 25.14 If the court stays imposition or execution of sentence, it 25.15 shall include the following as conditions of probation: 25.16 (1) incarceration in a local jail or workhouse; 25.17 (2) a requirement that the offender complete a treatment 25.18 program; and 25.19 (3) a requirement that the offender have no unsupervised 25.20 contact with the complainant until the offender has successfully 25.21 completed the treatment program unless approved by the treatment 25.22 program and the supervising correctional agent. 25.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 25.24 and applies to crimes committed on or after that date. 25.25 Sec. 19. [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.] 25.26 Subdivision 1. [CRIME DEFINED.] A person is guilty of 25.27 criminal sexual predatory conduct if the person commits a 25.28 predatory crime that was motivated by the offender's sexual 25.29 impulses or was part of a predatory pattern of behavior that had 25.30 criminal sexual conduct as its goal. 25.31 Subd. 2. [PENALTY.] (a) Except as provided in section 25.32 609.3455, the statutory maximum sentence for a violation of 25.33 subdivision 1 is: (1) 25 percent longer than for the underlying 25.34 predatory crime; or (2) 50 percent longer than for the 25.35 underlying predatory crime, if the violation is committed by a 25.36 person with a previous sex offense conviction, as defined in 26.1 section 609.3455, subdivision 1. 26.2 (b) In addition to the sentence imposed under paragraph 26.3 (a), the person may also be sentenced to the payment of a fine 26.4 of not more than $20,000. 26.5 (c) Notwithstanding the statutory maximum sentence 26.6 described in paragraph (a), the person is also subject to 26.7 conditional release as provided in section 609.3455. 26.8 [EFFECTIVE DATE.] This section is effective August 1, 2005, 26.9 and applies to crimes committed on or after that date. 26.10 Sec. 20. [609.3455] [DANGEROUS SEX OFFENDERS; LIFE 26.11 SENTENCES; CONDITIONAL RELEASE.] 26.12 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 26.13 the following terms have the meanings given. 26.14 (b) "Conviction" includes a conviction as an extended 26.15 jurisdiction juvenile under section 260B.130 for a violation of, 26.16 or an attempt to violate, section 609.342, 609.343, 609.344, or 26.17 609.3453. 26.18 (c) A conviction is considered a "previous sex offense 26.19 conviction" if the offender was convicted and sentenced for a 26.20 sex offense before the commission of the present offense. 26.21 (d) A conviction is considered a "prior sex offense 26.22 conviction" if the offender was convicted of committing a sex 26.23 offense before the offender has been convicted of the present 26.24 offense, regardless of whether the offender was convicted for 26.25 the first offense before the commission of the present offense, 26.26 and the convictions involved separate behavioral incidents. 26.27 (e) "Sex offense" means any violation of, or attempt to 26.28 violate, section 609.342, 609.343, 609.344, 609.345, 609.3451, 26.29 609.3453, or any similar statute of the United States, this 26.30 state, or any other state. 26.31 (f) An offender has "two previous sex offense convictions" 26.32 only if the offender was convicted and sentenced for a sex 26.33 offense committed after the offender was earlier convicted and 26.34 sentenced for a sex offense and both convictions preceded the 26.35 commission of the present offense of conviction. 26.36 Subd. 2. [MANDATORY LIFE SENTENCE.] (a) Notwithstanding 27.1 the statutory maximum penalty otherwise applicable to the 27.2 offense, the court shall sentence an offender to imprisonment 27.3 for life if the offender is convicted of violating section 27.4 609.342, 609.343, 609.344, 609.345, or 609.3453 if: 27.5 (1) the offender has two previous sex offense convictions; 27.6 (2) the offender has a previous sex offense conviction and: 27.7 (i) the present offense involved an aggravating factor that 27.8 would provide grounds for an upward departure under the 27.9 sentencing guidelines other than the aggravating factor 27.10 applicable to repeat criminal sexual conduct convictions; 27.11 (ii) the offender received an upward departure from the 27.12 sentencing guidelines for the previous sex offense conviction; 27.13 or 27.14 (iii) the offender was sentenced under section 609.108 for 27.15 the previous sex offense conviction; or 27.16 (3) the offender has two prior sex offense convictions, the 27.17 prior convictions and present offense involved at least three 27.18 separate victims, and: 27.19 (i) the present offense involved an aggravating factor that 27.20 would provide grounds for an upward departure under the 27.21 sentencing guidelines other than the aggravating factor 27.22 applicable to repeat criminal sexual conduct convictions; 27.23 (ii) the offender received an upward departure from the 27.24 sentencing guidelines for one of the prior sex offense 27.25 convictions; or 27.26 (iii) the offender was sentenced under section 609.108 for 27.27 one of the prior sex offense convictions. 27.28 (b) Notwithstanding paragraph (a), a court may not sentence 27.29 an offender to imprisonment for life under that paragraph for a 27.30 violation of section 609.345, unless the offender's previous or 27.31 prior sex offense convictions that are being used as the basis 27.32 for the sentence are for violations of section 609.342, 609.343, 27.33 609.344, or 609.3453, or any similar statute of the United 27.34 States, this state, or any other state. 27.35 Subd. 3. [LIFE SENTENCES; MINIMUM TERM OF 27.36 IMPRISONMENT.] At the time of sentencing under subdivision 2, 28.1 the court shall specify a minimum term of imprisonment, based on 28.2 the sentencing guidelines or any applicable mandatory minimum 28.3 sentence, that must be served before the offender may be 28.4 considered for supervised release. 28.5 Subd. 4. [MANDATORY TEN-YEAR CONDITIONAL RELEASE TERM.] 28.6 Notwithstanding the statutory maximum sentence otherwise 28.7 applicable to the offense and unless a longer conditional 28.8 release term is required in subdivision 5, when a court commits 28.9 an offender to the custody of the commissioner of corrections 28.10 for a violation of section 609.342, 609.343, 609.344, 609.345, 28.11 or 609.3453, the court shall provide that, after the offender 28.12 has completed the sentence imposed, the commissioner shall place 28.13 the offender on conditional release for ten years, minus the 28.14 time the offender served on supervised release. 28.15 Subd. 5. [MANDATORY LIFETIME CONDITIONAL RELEASE TERM.] (a) 28.16 When a court sentences an offender under subdivision 2 or 28.17 section 609.342, subdivision 2, paragraph (b); or 609.343, 28.18 subdivision 2, paragraph (b), the court shall provide that, if 28.19 the offender is released from prison, the commissioner of 28.20 corrections shall place the offender on conditional release for 28.21 the remainder of the offender's life. 28.22 (b) Notwithstanding the statutory maximum sentence 28.23 otherwise applicable to the offense, when the court commits an 28.24 offender to the custody of the commissioner of corrections for a 28.25 violation of section 609.342, 609.343, 609.344, 609.345, or 28.26 609.3453, and the offender has a previous or prior sex offense 28.27 conviction, the court shall provide that, after the offender has 28.28 completed the sentence imposed, the commissioner shall place the 28.29 offender on conditional release for the remainder of the 28.30 offender's life. 28.31 (c) Notwithstanding paragraph (b), an offender may not be 28.32 placed on lifetime conditional release under that paragraph for 28.33 a violation of section 609.345, unless the offender's previous 28.34 or prior sex offense conviction that is being used as the basis 28.35 for the placement is for a violation of section 609.342, 28.36 609.343, 609.344, or 609.3453, or any similar statute of the 29.1 United States, this state, or any other state. 29.2 Subd. 6. [TERMS OF CONDITIONAL RELEASE; APPLICABLE TO ALL 29.3 SEX OFFENDERS.] (a) The provisions of this subdivision apply to 29.4 all sex offenders placed on conditional release. Except as 29.5 provided in this subdivision, conditional release of sex 29.6 offenders is governed by provisions relating to supervised 29.7 release. The commissioner of corrections may not dismiss an 29.8 offender on conditional release from supervision until the 29.9 offender's conditional release term expires. 29.10 (b) The conditions of release may include successful 29.11 completion of treatment and aftercare in a program approved by 29.12 the commissioner, satisfaction of the release conditions 29.13 specified in section 244.05, subdivision 6, and any other 29.14 conditions the commissioner considers appropriate. Before the 29.15 offender is released, the commissioner shall notify the 29.16 sentencing court, the prosecutor in the jurisdiction where the 29.17 offender was sentenced, and the victim of the offender's crime, 29.18 where available, of the terms of the offender's conditional 29.19 release. If the offender fails to meet any condition of 29.20 release, the commissioner may revoke the offender's conditional 29.21 release and order that the offender serve all or a part of the 29.22 remaining portion of the conditional release term in prison. 29.23 [EFFECTIVE DATE.] This section is effective August 1, 2005. 29.24 and applies to crimes committed on or after that date. 29.25 Sec. 21. [REPEALER.] 29.26 Minnesota Statutes 2004, sections 609.108, subdivision 2; 29.27 and 609.109, subdivision 7, are repealed. 29.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 29.29 and applies to crimes committed on or after that date. 29.30 ARTICLE 3 29.31 SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION; 29.32 COMMUNITY NOTIFICATION; NONSENTENCING CHANGES 29.33 Section 1. Minnesota Statutes 2004, section 243.166, is 29.34 amended to read: 29.35 243.166 [REGISTRATION OF PREDATORY OFFENDERS.] 29.36Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall30.1register under this section if:30.2(1) the person was charged with or petitioned for a felony30.3violation of or attempt to violate any of the following, and30.4convicted of or adjudicated delinquent for that offense or30.5another offense arising out of the same set of circumstances:30.6(i) murder under section 609.185, clause (2); or30.7(ii) kidnapping under section 609.25; or30.8(iii) criminal sexual conduct under section 609.342;30.9609.343; 609.344; 609.345; or 609.3451, subdivision 3; or30.10(iv) indecent exposure under section 617.23, subdivision 3;30.11or30.12(2) the person was charged with or petitioned for falsely30.13imprisoning a minor in violation of section 609.255, subdivision30.142; soliciting a minor to engage in prostitution in violation of30.15section 609.322 or 609.324; soliciting a minor to engage in30.16sexual conduct in violation of section 609.352; using a minor in30.17a sexual performance in violation of section 617.246; or30.18possessing pornographic work involving a minor in violation of30.19section 617.247, and convicted of or adjudicated delinquent for30.20that offense or another offense arising out of the same set of30.21circumstances; or30.22(3) the person was convicted of a predatory crime as30.23defined in section 609.108, and the offender was sentenced as a30.24patterned sex offender or the court found on its own motion or30.25that of the prosecutor that the crime was part of a predatory30.26pattern of behavior that had criminal sexual conduct as its30.27goal; or30.28(4) the person was convicted of or adjudicated delinquent30.29for, including pursuant to a court martial, violating a law of30.30the United States, including the Uniform Code of Military30.31Justice, similar to the offenses described in clause (1), (2),30.32or (3).30.33(b) A person also shall register under this section if:30.34(1) the person was convicted of or adjudicated delinquent30.35in another state for an offense that would be a violation of a30.36law described in paragraph (a) if committed in this state;31.1(2) the person enters the state to reside, or to work or31.2attend school; and31.3(3) ten years have not elapsed since the person was31.4released from confinement or, if the person was not confined,31.5since the person was convicted of or adjudicated delinquent for31.6the offense that triggers registration, unless the person is31.7subject to lifetime registration, in which case the person must31.8register for life regardless of when the person was released31.9from confinement, convicted, or adjudicated delinquent.31.10For purposes of this paragraph:31.11(i) "school" includes any public or private educational31.12institution, including any secondary school, trade or31.13professional institution, or institution of higher education,31.14that the person is enrolled in on a full-time or part-time31.15basis; and31.16(ii) "work" includes employment that is full time or part31.17time for a period of time exceeding 14 days or for an aggregate31.18period of time exceeding 30 days during any calendar year,31.19whether financially compensated, volunteered, or for the purpose31.20of government or educational benefit.31.21(c) A person also shall register under this section if the31.22person was committed pursuant to a court commitment order under31.23section 253B.185 or Minnesota Statutes 1992, section 526.10, or31.24a similar law of another state or the United States, regardless31.25of whether the person was convicted of any offense.31.26(d) A person also shall register under this section if:31.27(1) the person was charged with or petitioned for a felony31.28violation or attempt to violate any of the offenses listed in31.29paragraph (a), clause (1), or a similar law of another state or31.30the United States, or the person was charged with or petitioned31.31for a violation of any of the offenses listed in paragraph (a),31.32clause (2), or a similar law of another state or the United31.33States;31.34(2) the person was found not guilty by reason of mental31.35illness or mental deficiency after a trial for that offense, or31.36found guilty but mentally ill after a trial for that offense, in32.1states with a guilty but mentally ill verdict; and32.2(3) the person was committed pursuant to a court commitment32.3order under section 253B.18 or a similar law of another state or32.4the United States.32.5 Subd. 1a. [DEFINITIONS.] (a) As used in this section, 32.6 unless the context clearly indicates otherwise, the following 32.7 terms have the meanings given them. 32.8 (b) "Bureau" means the Bureau of Criminal Apprehension. 32.9 (c) "Dwelling" means the building where the person lives 32.10 under a formal or informal agreement to do so. 32.11 (d) "Incarceration" and "confinement" do not include 32.12 electronic home monitoring. 32.13 (e) "Law enforcement authority" or "authority" means, with 32.14 respect to a home rule charter or statutory city, the chief of 32.15 police, and with respect to an unincorporated area, the county 32.16 sheriff. 32.17 (f) "Motor vehicle" has the meaning given for "vehicle" in 32.18 section 169.01, subdivision 2. 32.19 (g) "Primary address" means the mailing address of the 32.20 person's dwelling. If the mailing address is different from the 32.21 actual location of the dwelling, "primary address" also includes 32.22 the physical location of the dwelling described with as much 32.23 specificity as possible. 32.24 (h) "School" includes any public or private educational 32.25 institution, including any secondary school, trade, or 32.26 professional institution, or institution of higher education, 32.27 that the person is enrolled in on a full-time basis or part-time 32.28 basis. 32.29 (i) "Secondary address" means the mailing address of any 32.30 place where the person regularly or occasionally stays overnight 32.31 when not staying at the person's primary address. If the 32.32 mailing address is different from the actual location of the 32.33 place, "secondary address" also includes the physical location 32.34 of the place described with as much specificity as possible. 32.35 (j) "Treatment facility" means a residential facility, as 32.36 defined in section 244.052, subdivision 1, and residential 33.1 chemical dependency treatment programs and halfway houses 33.2 licensed under chapter 245A, including, but not limited to, 33.3 those facilities directly or indirectly assisted by any 33.4 department or agency of the United States. 33.5 (k) "Work" includes employment that is full time or part 33.6 time for a period of time exceeding 14 days or for an aggregate 33.7 period of time exceeding 30 days during any calendar year, 33.8 whether financially compensated, volunteered, or for the purpose 33.9 of government or educational benefit. 33.10 Subd. 1b. [REGISTRATION REQUIRED.] (a) A person shall 33.11 register under this section if: 33.12 (1) the person was charged with or petitioned for a felony 33.13 violation of or attempt to violate, or aiding, abetting, or 33.14 conspiracy to commit, any of the following, and convicted of or 33.15 adjudicated delinquent for that offense or another offense 33.16 arising out of the same set of circumstances: 33.17 (i) murder under section 609.185, paragraph (a), clause 33.18 (2); 33.19 (ii) kidnapping under section 609.25; 33.20 (iii) criminal sexual conduct under section 609.342; 33.21 609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453; 33.22 or 33.23 (iv) indecent exposure under section 617.23, subdivision 3; 33.24 (2) the person was charged with or petitioned for a 33.25 violation of or attempt to violate, or aiding, abetting, or 33.26 conspiracy to commit false imprisonment in violation of section 33.27 609.255, subdivision 2; soliciting a minor to engage in 33.28 prostitution in violation of section 609.322 or 609.324; 33.29 soliciting a minor to engage in sexual conduct in violation of 33.30 section 609.352; using a minor in a sexual performance in 33.31 violation of section 617.246; or possessing pornographic work 33.32 involving a minor in violation of section 617.247, and convicted 33.33 of or adjudicated delinquent for that offense or another offense 33.34 arising out of the same set of circumstances; 33.35 (3) the person was sentenced as a patterned sex offender 33.36 under section 609.108; or 34.1 (4) the person was convicted of or adjudicated delinquent 34.2 for, including pursuant to a court martial, violating a law of 34.3 the United States, including the Uniform Code of Military 34.4 Justice, similar to the offenses described in clause (1), (2), 34.5 or (3). 34.6 (b) A person also shall register under this section if: 34.7 (1) the person was convicted of or adjudicated delinquent 34.8 in another state for an offense that would be a violation of a 34.9 law described in paragraph (a) if committed in this state; 34.10 (2) the person enters the state to reside, work, or attend 34.11 school, or enters the state and remains for 14 days or longer; 34.12 and 34.13 (3) ten years have not elapsed since the person was 34.14 released from confinement or, if the person was not confined, 34.15 since the person was convicted of or adjudicated delinquent for 34.16 the offense that triggers registration, unless the person is 34.17 subject to lifetime registration, in which case the person shall 34.18 register for life regardless of when the person was released 34.19 from confinement, convicted, or adjudicated delinquent. 34.20 A person described in this paragraph shall register with 34.21 the bureau within five days after the registration requirement 34.22 becomes applicable. 34.23 (c) A person also shall register under this section if the 34.24 person was committed pursuant to a court commitment order under 34.25 section 253B.185 or Minnesota Statutes 1992, section 526.10, or 34.26 a similar law of another state or the United States, regardless 34.27 of whether the person was convicted of any offense. 34.28 (d) A person also shall register under this section if: 34.29 (1) the person was charged with or petitioned for a felony 34.30 violation or attempt to violate any of the offenses listed in 34.31 paragraph (a), clause (1), or a similar law of another state or 34.32 the United States, or the person was charged with or petitioned 34.33 for a violation of any of the offenses listed in paragraph (a), 34.34 clause (2), or a similar law of another state or the United 34.35 States; 34.36 (2) the person was found not guilty by reason of mental 35.1 illness or mental deficiency after a trial for that offense, or 35.2 found guilty but mentally ill after a trial for that offense, in 35.3 states with a guilty but mentally ill verdict; and 35.4 (3) the person was committed pursuant to a court commitment 35.5 order under section 253B.18 or a similar law of another state or 35.6 the United States. 35.7 Subd. 2. [NOTICE.] When a person who is required to 35.8 register under subdivision11b, paragraph (a), is sentenced or 35.9 becomes subject to a juvenile court disposition order, the court 35.10 shall tell the person of the duty to register under this section 35.11 and that, if the person fails to comply with the registration 35.12 requirements, information about the offender may be made 35.13 available to the public through electronic, computerized, or 35.14 other accessible means. The court may not modify the person's 35.15 duty to register in the pronounced sentence or disposition 35.16 order. The court shall require the person to read and sign a 35.17 form stating that the duty of the person to register under this 35.18 section has been explained. The court shall forward the signed 35.19 sex offender registration form, the complaint, and sentencing 35.20 documents to the bureauof Criminal Apprehension. If a person 35.21 required to register under subdivision11b, paragraph (a), was 35.22 not notified by the court of the registration requirement at the 35.23 time of sentencing or disposition, the assigned corrections 35.24 agent shall notify the person of the requirements of this 35.25 section. When a person who is required to register under 35.26 subdivision11b, paragraph (c) or (d), is released from 35.27 commitment, the treatment facility shall notify the person of 35.28 the requirements of this section. The treatment facility shall 35.29 also obtain the registration information required under this 35.30 section and forward it to the bureauof Criminal Apprehension. 35.31 Subd. 3. [REGISTRATION PROCEDURE.] (a) Except as provided 35.32 in subdivision 3a, a person required to register under this 35.33 section shall register with the corrections agent as soon as the 35.34 agent is assigned to the person. If the person does not have an 35.35 assigned corrections agent or is unable to locate the assigned 35.36 corrections agent, the person shall register with the law 36.1 enforcementagencyauthority that has jurisdiction in the area 36.2 of the person'sresidenceprimary address. 36.3 (b) Except as provided in subdivision 3a, at least five 36.4 days before the person starts living at a new primary address, 36.5 including living in another state, the person shall give written 36.6 notice of the new primarylivingaddress to the assigned 36.7 corrections agent or to the law enforcement authority with which 36.8 the person currently is registered. If the person will be 36.9 living in a new state and that state has a registration 36.10 requirement, the person shall also give written notice of the 36.11 new address to the designated registration agency in the new 36.12 state. A person required to register under this section shall 36.13 also give written notice to the assigned corrections agent or to 36.14 the law enforcement authority that has jurisdiction in the area 36.15 of the person'sresidenceprimary address that the person is no 36.16 longer living or staying at an address, immediately after the 36.17 person is no longer living or staying at that address. The 36.18 corrections agent or law enforcement authority shall, within two 36.19 business days after receipt of this information, forward it to 36.20 the bureauof Criminal Apprehension. The bureauof Criminal36.21Apprehensionshall, if it has not already been done, notify the 36.22 law enforcement authority having primary jurisdiction in the 36.23 community where the person will live of the new address. If the 36.24 person is leaving the state, the bureauof Criminal Apprehension36.25 shall notify the registration authority in the new state of the 36.26 new address.If the person's obligation to register arose under36.27subdivision 1, paragraph (b),The person's registration 36.28 requirements under this section terminatewhenafter the person 36.29 begins living in the new state and the bureau has confirmed the 36.30 address in the other state through the annual verification 36.31 process on at least one occasion. 36.32 (c) A person required to register under subdivision11b, 36.33 paragraph (b), because the person is working or attending school 36.34 in Minnesota shall register with the law enforcement 36.35agencyauthority that has jurisdiction in the area where the 36.36 person works or attends school. In addition to other 37.1 information required by this section, the person shall provide 37.2 the address of the school or of the location where the person is 37.3 employed. A personmustshall comply with this paragraph within 37.4 five days of beginning employment or school. A person's 37.5 obligation to register under this paragraph terminates when the 37.6 person is no longer working or attending school in Minnesota. 37.7 (d) A person required to register under this section who 37.8 works or attends school outside of Minnesota shall register as a 37.9 predatory offender in the state where the person works or 37.10 attends school. The person's corrections agent, or if the 37.11 person does not have an assigned corrections agent, the law 37.12 enforcement authority that has jurisdiction in the area of the 37.13 person'sresidenceprimary address shall notify the person of 37.14 this requirement. 37.15 Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS 37.16 PRIMARY ADDRESS.] (a) If a person leaves a primary address and 37.17 does not have a new primary address, the person shall register 37.18 with the law enforcement authority that has jurisdiction in the 37.19 area where the person is staying within 24 hours of the time the 37.20 person no longer has a primary address. 37.21 (b) A person who lacks a primary address shall register 37.22 with the law enforcement authority that has jurisdiction in the 37.23 area where the person is staying within 24 hours after entering 37.24 the jurisdiction. Each time a person who lacks a primary 37.25 address moves to a new jurisdiction without acquiring a new 37.26 primary address, the person shall register with the law 37.27 enforcement authority that has jurisdiction in the area where 37.28 the person is staying within 24 hours after entering the 37.29 jurisdiction. 37.30 (c) Upon registering under this subdivision, the person 37.31 shall provide the law enforcement authority with all of the 37.32 information the individual is required to provide under 37.33 subdivision 4a. However, instead of reporting the person's 37.34 primary address, the person shall describe the location of where 37.35 the person is staying with as much specificity as possible. 37.36 (d) Except as otherwise provided in paragraph (e), if a 38.1 person continues to lack a primary address, the person shall 38.2 report in person on a weekly basis to the law enforcement 38.3 authority with jurisdiction in the area where the person is 38.4 staying. This weekly report shall occur between the hours of 38.5 9:00 a.m. and 5:00 p.m. The person is not required to provide 38.6 the registration information required under subdivision 4a each 38.7 time the offender reports to an authority, but the person shall 38.8 inform the authority of changes to any information provided 38.9 under subdivision 4a or this subdivision and shall otherwise 38.10 comply with this subdivision. 38.11 (e) If the law enforcement authority determines that it is 38.12 impractical, due to the person's unique circumstances, to 38.13 require a person lacking a primary address to report weekly and 38.14 in person as required under paragraph (d), the authority may 38.15 authorize the person to follow an alternative reporting 38.16 procedure. The authority shall consult with the person's 38.17 corrections agent, if the person has one, in establishing the 38.18 specific criteria of this alternative procedure, subject to the 38.19 following requirements: 38.20 (1) The authority shall document, in the person's 38.21 registration record, the specific reasons why the weekly 38.22 in-person reporting process is impractical for the person to 38.23 follow. 38.24 (2) The authority shall explain how the alternative 38.25 reporting procedure furthers the public safety objectives of 38.26 this section. 38.27 (3) The authority shall require the person lacking a 38.28 primary address to report in person at least monthly to the 38.29 authority or the person's corrections agent and shall specify 38.30 the location where the person shall report. If the authority 38.31 determines it would be more practical and would further public 38.32 safety for the person to report to another law enforcement 38.33 authority with jurisdiction where the person is staying, it may, 38.34 after consulting with the other law enforcement authority, 38.35 include this requirement in the person's alternative reporting 38.36 process. 39.1 (4) The authority shall require the person to comply with 39.2 the weekly, in-person reporting process required under paragraph 39.3 (d), if the person moves to a new area where this process would 39.4 be practical. 39.5 (5) The authority shall require the person to report any 39.6 changes to the registration information provided under 39.7 subdivision 4a and to comply with the periodic registration 39.8 requirements specified under paragraph (f). 39.9 (6) The authority shall require the person to comply with 39.10 the requirements of subdivision 3, paragraphs (b) and (c), if 39.11 the person moves to a primary address. 39.12 (f) If a person continues to lack a primary address and 39.13 continues to report to the same law enforcement authority, the 39.14 person shall provide the authority with all of the information 39.15 the individual is required to provide under subdivision 4a and 39.16 this subdivision at least annually, unless the person is 39.17 required to register under subdivision 1b, paragraph (c), 39.18 following commitment pursuant to a court commitment under 39.19 section 253B.185 or a similar law of another state or the United 39.20 States. If the person is required to register under subdivision 39.21 1b, paragraph (c), the person shall provide the law enforcement 39.22 authority with all of the information the individual is required 39.23 to report under subdivision 4a and this subdivision at least 39.24 once every three months. 39.25 (g) A law enforcement authority receiving information under 39.26 this subdivision shall forward registration information and 39.27 changes to that information to the bureau within two business 39.28 days of receipt of the information. 39.29 (h) For purposes of this subdivision, a person who fails to 39.30 report a primary address will be deemed to be a person who lacks 39.31 a primary address, and the person shall comply with the 39.32 requirements for a person who lacks a primary address. 39.33 Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration 39.34 provided to the corrections agent or law enforcement authority, 39.35 must consist of a statement in writing signed by the person, 39.36 giving information required by the bureauof Criminal40.1Apprehension, a fingerprint card, and photograph of the person 40.2 taken at the time of the person's release from incarceration or, 40.3 if the person was not incarcerated, at the time the person 40.4 initially registered under this section. The registration 40.5 information also must include a written consent form signed by 40.6 the person allowing a treatment facility or residential housing 40.7 unit or shelter to release information to a law enforcement 40.8 officer about the person's admission to, or residence in, a 40.9 treatment facility or residential housing unit or shelter. 40.10 Registration information on adults and juveniles may be 40.11 maintained together notwithstanding section 260B.171, 40.12 subdivision 3. 40.13 (b) For persons required to register under subdivision140.14 1b, paragraph (c), following commitment pursuant to a court 40.15 commitment under section 253B.185 or a similar law of another 40.16 state or the United States, in addition to other information 40.17 required by this section, the registration provided to the 40.18 corrections agent or law enforcement authority must include the 40.19 person's offense history and documentation of treatment received 40.20 during the person's commitment. This documentationshall beis 40.21 limited to a statement of how far the person progressed in 40.22 treatment during commitment. 40.23 (c) Within three days of receipt, the corrections agent or 40.24 law enforcement authority shall forward the registration 40.25 information to the bureauof Criminal Apprehension. The bureau 40.26 shall ascertain whether the person has registered with the law 40.27 enforcement authoritywhere the person residesin the area of 40.28 the person's primary address, if any, or if the person lacks a 40.29 primary address, where the person is staying, as required by 40.30 subdivision 3a. If the person has not registered with the law 40.31 enforcement authority, the bureau shall send one copy to that 40.32 authority. 40.33 (d) The corrections agent or law enforcement authority may 40.34 require that a person required to register under this section 40.35 appear before the agent or authority to be photographed. The 40.36 agent or authority shall require a person required to register 41.1 under this section who is classified as a risk level III 41.2 offender under section 244.052 to appear before the agent or 41.3 authority at least every six months to be photographed. The 41.4 agent or authority shall forward the photograph to the bureauof41.5Criminal Apprehension. 41.6 (e) During the period a person is required to register 41.7 under this section, the followingshallprovisions apply: 41.8 (1) Except for persons registering under subdivision 3a, 41.9 the bureauof Criminal Apprehensionshall mail a verification 41.10 form to thelast reported address of theperson'sresidencelast 41.11 reported primary address. This verification formshallmust 41.12 provide notice to the offender that, if the offender does not 41.13 return the verification form as required, information about the 41.14 offender may be made available to the public through electronic, 41.15 computerized, or other accessible means. For persons who are 41.16 registered under subdivision 3a, the bureau shall mail an annual 41.17 verification form to the law enforcement authority where the 41.18 offender most recently reported. The authority shall provide 41.19 the verification form to the person at the next weekly meeting 41.20 and ensure that the person completes and signs the form and 41.21 returns it to the bureau. 41.22 (2) The person shall mail the signed verification form back 41.23 to the bureauof Criminal Apprehensionwithin ten days after 41.24 receipt of the form, stating on the form the current and last 41.25 address of the person's residence and the other information 41.26 required under subdivision 4a. 41.27 (3) In addition to the requirements listed in this section, 41.28 a person who, under section 244.052, is assigned to risk level 41.29 II or risk level III, and who is no longer under correctional 41.30 supervision, shall have an annual in-person contact with the law 41.31 enforcement authority in the area of the person's primary 41.32 address or, if the person has no primary address, where the 41.33 person is staying. During the month of the person's birth date, 41.34 the person shall report to the authority to verify the accuracy 41.35 of the registration information and to be photographed. Within 41.36 three days of this contact, the authority shall enter 42.1 information as required by the bureau into the predatory 42.2 offender registration database and submit an updated photograph 42.3 of the person to the bureau's predatory offender registration 42.4 unit. The authority may waive the photograph requirement for a 42.5 person assigned to risk level III who has recently been 42.6 photographed under paragraph (d). 42.7 (4) If the person fails to mail the completed and signed 42.8 verification form to the bureauof Criminal Apprehensionwithin 42.9 ten days after receipt of the form, or if the person fails to 42.10 report to the law enforcement authority during the month of the 42.11 person's birth date, the personshall beis in violation of this 42.12 section. 42.13 For persons required to register under subdivision11b, 42.14 paragraph (c), following commitment pursuant to a court 42.15 commitment under section 253B.185 or a similar law of another 42.16 state or the United States, the bureau shall comply with clause 42.17 (1) at least four times each year. For persons who under 42.18 section 244.052 are assigned to risk level III and who are no 42.19 longer under correctional supervision, the bureau shall comply 42.20 with clause (1) at least two times each year. For all other 42.21 persons required to register under this section, the bureau 42.22 shall comply with clause (1) each year within 30 days of the 42.23 anniversary date of the person's initial registration. 42.24 (f) When sending out a verification form, the bureauof42.25Criminal Apprehension mustshall determine whether the person to 42.26 whom the verification form is being sent has signed a written 42.27 consent form as provided for in paragraph (a). If the person 42.28 has not signed such a consent form, the bureauof Criminal42.29Apprehension mustshall send a written consent form to the 42.30 person along with the verification form. A person who receives 42.31 this written consent formmustshall sign and return it to the 42.32 bureauof Criminal Apprehensionat the same time as the 42.33 verification form. 42.34(g) For the purposes of this subdivision, "treatment42.35facility" means a residential facility, as defined in section42.36244.052, subdivision 1, and residential chemical dependency43.1treatment programs and halfway houses licensed under chapter43.2245A, including, but not limited to, those facilities directly43.3or indirectly assisted by any department or agency of the United43.4States.43.5 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a)As43.6used in this section:43.7(1) "motor vehicle" has the meaning given "vehicle" in43.8section 169.01, subdivision 2;43.9(2) "primary residence" means any place where the person43.10resides longer than 14 days or that is deemed a primary43.11residence by a person's corrections agent, if one is assigned to43.12the person; and43.13(3) "secondary residence" means any place where the person43.14regularly stays overnight when not staying at the person's43.15primary residence, and includes, but is not limited to:43.16(i) the person's parent's home if the person is a student43.17and stays at the home at times when the person is not staying at43.18school, including during the summer; and43.19(ii) the home of someone with whom the person has a minor43.20child in common where the child's custody is shared.43.21(b)A person required to register under this section shall 43.22 provide to the corrections agent or law enforcement authority 43.23 the following information: 43.24 (1) theaddress of theperson's primaryresidenceaddress; 43.25 (2)the addresses ofall of the person's secondary 43.26residencesaddresses in Minnesota, including all addresses used 43.27 for residential or recreational purposes; 43.28 (3) the addresses of all Minnesota property owned, leased, 43.29 or rented by the person; 43.30 (4) the addresses of all locations where the person is 43.31 employed; 43.32 (5) the addresses of allresidencesschools where the 43.33 personresides while attending schoolis enrolled; and 43.34 (6) the year, model, make, license plate number, and color 43.35 of all motor vehicles owned or regularly driven by the person. 43.36(c)(b) The person shall report to the agent or authority 44.1 the information required to be provided under paragraph(b)(a), 44.2 clauses (2) to (6), within five days of the date the clause 44.3 becomes applicable. If because of a change in circumstances any 44.4 information reported under paragraph(b)(a), clauses (1) to 44.5 (6), no longer applies, the person shall immediately inform the 44.6 agent or authority that the information is no longer valid. If 44.7 the person leaves a primary address and does not have a new 44.8 primary address, the person shall register as provided in 44.9 subdivision 3a. 44.10 Subd. 5. [CRIMINAL PENALTY.] (a) A person required to 44.11 register under this section who knowingly violates any of its 44.12 provisions or intentionally provides false information to a 44.13 corrections agent, law enforcement authority, or the bureauof44.14Criminal Apprehensionis guilty of a felony and may be sentenced 44.15 to imprisonment for not more than five years or to payment of a 44.16 fine of not more than $10,000, or both. 44.17 (b) Except as provided in paragraph (c), a person convicted 44.18 of violating paragraph (a) shall be committed to the custody of 44.19 the commissioner of corrections for not less than a year and a 44.20 day, nor more than five years. 44.21 (c) A person convicted of violating paragraph (a), who has 44.22 previously been convicted of or adjudicated delinquent for 44.23 violating this section or a similar law of another state or the 44.24 United States, shall be committed to the custody of the 44.25 commissioner of corrections for not less than two years, nor 44.26 more than five years. 44.27 (d) Prior to the time of sentencing, the prosecutor may 44.28 file a motion to have the person sentenced without regard to the 44.29 mandatory minimum sentence established by this subdivision. The 44.30 motionshallmust be accompanied by a statement on the record of 44.31 the reasons for it. When presented with the motion, or on its 44.32 own motion, the court may sentence the person without regard to 44.33 the mandatory minimum sentence if the court finds substantial 44.34 and compelling reasons to do so. Sentencing a person in the 44.35 manner described in this paragraph is a departure from the 44.36 Sentencing Guidelines. 45.1 (e) A person convicted and sentenced as required by this 45.2 subdivision is not eligible for probation, parole, discharge, 45.3 work release, or supervised release, until that person has 45.4 served the full term of imprisonment as provided by law, 45.5 notwithstanding the provisions of sections 241.26, 242.19, 45.6 243.05, 244.04, 609.12, and 609.135. 45.7 Subd. 5a. [TEN-YEAR CONDITIONAL RELEASE FOR VIOLATIONS 45.8 COMMITTED BY LEVEL III OFFENDERS.] Notwithstanding the statutory 45.9 maximum sentence otherwise applicable to the offense or any 45.10 provision of the sentencing guidelines, when a court commits a 45.11 person to the custody of the commissioner of corrections for 45.12 violating subdivision 5 and, at the time of the violation, the 45.13 person was assigned to risk level III under section 244.052, the 45.14 court shall provide that after the person has completed the 45.15 sentence imposed, the commissioner shall place the person on 45.16 conditional release for ten years. The terms of conditional 45.17 release are governed by section 609.3455, subdivision 6. 45.18 Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the 45.19 provisions of section 609.165, subdivision 1, and except as 45.20 provided in paragraphs (b), (c), and (d), a person required to 45.21 register under this section shall continue to comply with this 45.22 section until ten years have elapsed since the person initially 45.23 registered in connection with the offense, or until the 45.24 probation, supervised release, or conditional release period 45.25 expires, whichever occurs later. For a person required to 45.26 register under this section who is committed under section 45.27 253B.18 or 253B.185, the ten-year registration period does not 45.28 include the period of commitment. 45.29 (b) If a person required to register under this section 45.30 fails to register following a change inresidencethe person's 45.31 primary or secondary address, employment, school, or motor 45.32 vehicle information; fails to report any property the person 45.33 owns, leases, or rents; or fails to return the annual 45.34 verification form within ten days, the commissioner of public 45.35 safety may require the person to continue to register for an 45.36 additional period of five years. This five-year period is added 46.1 to the end of the offender's registration period. 46.2 (c) If a person required to register under this section is 46.3 subsequently incarcerated following a conviction for a new 46.4 offense or following a revocation of probation, supervised 46.5 release, or conditional release forthatany offense, or a46.6conviction for any new offense, the person shall continue to 46.7 register until ten years have elapsed since the person was last 46.8 released from incarceration or until the person's probation, 46.9 supervised release, or conditional release period expires, 46.10 whichever occurs later. 46.11 (d) A person shall continue to comply with this section for 46.12 the life of that person: 46.13 (1) if the person is convicted of or adjudicated delinquent 46.14 for any offense for which registration is required under 46.15 subdivision11b, or any offense from another state or any 46.16 federal offense similar to the offenses described in subdivision 46.1711b, and the person has a prior conviction or adjudication for 46.18 an offense for which registration was or would have been 46.19 required under subdivision11b, or an offense from another 46.20 state or a federal offense similar to an offense described in 46.21 subdivision11b; 46.22 (2) if the person is required to register based upon a 46.23 conviction or delinquency adjudication for an offense under 46.24 section 609.185, clause (2), or a similar statute from another 46.25 state or the United States; 46.26 (3) if the person is required to register based upon a 46.27 conviction for an offense under section 609.342, subdivision 1, 46.28 paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 46.29 1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, 46.30 subdivision 1, paragraph (a), (c), or (g); or 609.345, 46.31 subdivision 1, paragraph (a), (c), or (g); or a statute from 46.32 another state or the United States similar to the offenses 46.33 described in this clause; or 46.34 (4) if the person is required to register under subdivision 46.3511b, paragraph (c), following commitment pursuant to a court 46.36 commitment under section 253B.185 or a similar law of another 47.1 state or the United States. 47.2 Subd. 7. [USE OF INFORMATION.] Except as otherwise 47.3 provided in subdivision 7a or sections 244.052 and 299C.093, the 47.4 information provided under this section is private data on 47.5 individuals under section 13.02, subdivision 12. The 47.6 information may be used only for law enforcement purposes. 47.7 Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 47.8 ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureauof47.9Criminal Apprehensionmay make information available to the 47.10 public about offenders who are 16 years of age or older and who 47.11 are out of compliance with this section for 30 days or longer 47.12 for failure to provide theaddress of theoffenders' primary or 47.13 secondaryresidencesaddresses. This information may be made 47.14 available to the public through electronic, computerized, or 47.15 other accessible means. The amount and type of information made 47.16 availableshall beis limited to the information necessary for 47.17 the public to assist law enforcement in locating the offender. 47.18 (b) An offender who comes into compliance with this section 47.19 after the bureauof Criminal Apprehensiondiscloses information 47.20 about the offender to the public may send a written request to 47.21 the bureau requesting the bureau to treat information about the 47.22 offender as private data, consistent with subdivision 7. The 47.23 bureau shall review the request and promptly take reasonable 47.24 action to treat the data as private, if the offender has 47.25 complied with the requirement that the offender providethe47.26addresses ofthe offender's primary and secondary 47.27residencesaddresses, or promptly notify the offender that the 47.28 information will continue to be treated as public information 47.29 and the reasons for the bureau's decision. 47.30 (c) If an offender believes the information made public 47.31 about the offender is inaccurate or incomplete, the offender may 47.32 challenge the data under section 13.04, subdivision 4. 47.33 (d) The bureauof Criminal Apprehensionis immune from any 47.34 civil or criminal liability that might otherwise arise, based on 47.35 the accuracy or completeness of any information made public 47.36 under this subdivision, if the bureau acts in good faith. 48.1Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this48.2section, a law enforcement authority means, with respect to a48.3home rule charter or statutory city, the chief of police, and48.4with respect to an unincorporated area, the sheriff of the48.5county.48.6 Subd. 9. [OFFENDERS FROM OTHER STATES.] When the state 48.7 accepts an offender from another state under a reciprocal 48.8 agreement under the interstate compact authorized by section 48.9 243.16 or 243.1605, or under any authorized interstate 48.10 agreement, the acceptance is conditional on the offender 48.11 agreeing to register under this section when the offender is 48.12 living in Minnesota. 48.13 Subd. 10. [VENUE; AGGREGATION.] (a) A violation of this 48.14 section may be prosecuted in any jurisdiction where an offense 48.15 takes place. However, the prosecutorial agency in the 48.16 jurisdiction where the person last registered a primary address 48.17 is initially responsible to review the case for prosecution. 48.18 (b) When a person commits two or more offenses in two or 48.19 more counties, the accused may be prosecuted for all of the 48.20 offenses in any county in which one of the offenses was 48.21 committed. 48.22 Subd. 11. [CERTIFIED COPIES AS EVIDENCE.] Certified copies 48.23 of predatory offender registration records are admissible as 48.24 substantive evidence when necessary to prove the commission of a 48.25 violation of this section. 48.26 [EFFECTIVE DATE.] This section is effective August 1, 2005, 48.27 and applies to persons subject to predatory offender 48.28 registration on or after that date. 48.29 Sec. 2. Minnesota Statutes 2004, section 243.167, is 48.30 amended to read: 48.31 243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER 48.32 REGISTRATION LAW FOR OTHER OFFENSES.] 48.33 Subdivision 1. [DEFINITION.] As used in this section, 48.34 "crime against the person" means a violation of any of the 48.35 following or a similar law of another state or of the United 48.36 States: section 609.165; 609.185; 609.19; 609.195; 609.20; 49.1 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, 49.2 subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235; 49.3 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 49.4 2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, 49.5 subdivision 2; or any felony-level violation of section 609.229; 49.6 609.377; 609.749; or 624.713. 49.7 Subd. 2. [WHEN REQUIRED.] (a) In addition to the 49.8 requirements of section 243.166, a person also shall register 49.9 under section 243.166 if: 49.10 (1) the person is convicted of a crime against the person; 49.11 and 49.12 (2) the person was previously convicted of or adjudicated 49.13 delinquent for an offense listed in section 243.166,subdivision49.141, paragraph (a),but was not required to register for the 49.15 offense because the registration requirements of that section 49.16 did not apply to the person at the time the offense was 49.17 committed or at the time the person was released from 49.18 imprisonment. 49.19 (b) A person who was previously required to registerunder49.20section 243.166in any state and who has completed the 49.21 registration requirements of thatsectionstate shall again 49.22 register under section 243.166 if the person commits a crime 49.23 against the person. 49.24 [EFFECTIVE DATE.] This section is effective August 1, 2005, 49.25 and applies to crimes committed on or after that date. 49.26 Sec. 3. [243.95] [REPORT ON COMMUNITY CORRECTIONAL 49.27 SUPERVISION.] 49.28 By January 15 of each year, the commissioner of corrections 49.29 shall report to the chairs of the senate and house committees 49.30 having jurisdiction over criminal justice policy on the number, 49.31 geographic location, and aggregate and average caseloads for 49.32 each caseload type of risk level II and risk level III sex 49.33 offender residing in the state for the preceding calendar year. 49.34 In addition, the commissioner shall provide this information for 49.35 all other types of offenders. The commissioner shall compile 49.36 and include in the report comparative historical data for the 50.1 five calendar years preceding the year included in the report. 50.2 Sec. 4. Minnesota Statutes 2004, section 244.052, 50.3 subdivision 3, is amended to read: 50.4 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 50.5 commissioner of corrections shall establish and administer 50.6 end-of-confinement review committees at each state correctional 50.7 facility and at each state treatment facility where predatory 50.8 offenders are confined. The committees shall assess on a 50.9 case-by-case basis the public risk posed by predatory offenders 50.10 who are about to be released from confinement. 50.11 (b) Each committee shall be a standing committee and shall 50.12 consist of the following members appointed by the commissioner: 50.13 (1) the chief executive officer or head of the correctional 50.14 or treatment facility where the offender is currently confined, 50.15 or that person's designee; 50.16 (2) a law enforcement officer; 50.17 (3) a treatment professional who is trained in the 50.18 assessment of sex offenders; 50.19 (4) a caseworker experienced in supervising sex offenders; 50.20 and 50.21 (5) a victim's services professional. 50.22 Members of the committee, other than the facility's chief 50.23 executive officer or head, shall be appointed by the 50.24 commissioner to two-year terms. The chief executive officer or 50.25 head of the facility or designee shall act as chair of the 50.26 committee and shall use the facility's staff, as needed, to 50.27 administer the committee, obtain necessary information from 50.28 outside sources, and prepare risk assessment reports on 50.29 offenders. 50.30 (c) The committee shall have access to the following data 50.31 on a predatory offender only for the purposes of its assessment 50.32 and to defend the committee's risk assessment determination upon 50.33 administrative review under this section: 50.34 (1) private medical data under section 13.384 or 144.335, 50.35 or welfare data under section 13.46 that relate to medical 50.36 treatment of the offender; 51.1 (2) private and confidential court services data under 51.2 section 13.84; 51.3 (3) private and confidential corrections data under section 51.4 13.85; and 51.5 (4) private criminal history data under section 13.87. 51.6 Data collected and maintained by the committee under this 51.7 paragraph may not be disclosed outside the committee, except as 51.8 provided under section 13.05, subdivision 3 or 4. The predatory 51.9 offender has access to data on the offender collected and 51.10 maintained by the committee, unless the data are confidential 51.11 data received under this paragraph. 51.12 (d)(i) Except as otherwise provided in item (ii), at least 51.13 90 days before a predatory offender is to be released from 51.14 confinement, the commissioner of corrections shall convene the 51.15 appropriate end-of-confinement review committee for the purpose 51.16 of assessing the risk presented by the offender and determining 51.17 the risk level to which the offender shall be assigned under 51.18 paragraph (e). The offender and the law enforcement agency that 51.19 was responsible for the charge resulting in confinement shall be 51.20 notified of the time and place of the committee's meeting. The 51.21 offender has a right to be present and be heard at the meeting. 51.22 The law enforcement agency may provide material in writing that 51.23 is relevant to the offender's risk level to the chair of the 51.24 committee. The committee shall use the risk factors described 51.25 in paragraph (g) and the risk assessment scale developed under 51.26 subdivision 2 to determine the offender's risk assessment score 51.27 and risk level. Offenders scheduled for release from 51.28 confinement shall be assessed by the committee established at 51.29 the facility from which the offender is to be released. 51.30 (ii) If an offender is received for confinement in a 51.31 facility with less than 90 days remaining in the offender's term 51.32 of confinement, the offender's risk shall be assessed at the 51.33 first regularly scheduled end of confinement review committee 51.34 that convenes after the appropriate documentation for the risk 51.35 assessment is assembled by the committee. The commissioner 51.36 shall make reasonable efforts to ensure that offender's risk is 52.1 assessed and a risk level is assigned or reassigned at least 30 52.2 days before the offender's release date. 52.3 (e) The committee shall assign to risk level I a predatory 52.4 offender whose risk assessment score indicates a low risk of 52.5 reoffense. The committee shall assign to risk level II an 52.6 offender whose risk assessment score indicates a moderate risk 52.7 of reoffense. The committee shall assign to risk level III an 52.8 offender whose risk assessment score indicates a high risk of 52.9 reoffense. 52.10 (f) Before the predatory offender is released from 52.11 confinement, the committee shall prepare a risk assessment 52.12 report which specifies the risk level to which the offender has 52.13 been assigned and the reasons underlying the committee's risk 52.14 assessment decision. The committee shall give the report to the 52.15 offender and to the law enforcement agency at least 60 days 52.16 before an offender is released from confinement. If the risk 52.17 assessment is performed under the circumstances described in 52.18 paragraph (d), item (ii), the report shall be given to the 52.19 offender and the law enforcement agency as soon as it is 52.20 available. The committee also shall inform the offender of the 52.21 availability of review under subdivision 6. 52.22 (g) As used in this subdivision, "risk factors" includes, 52.23 but is not limited to, the following factors: 52.24 (1) the seriousness of the offense should the offender 52.25 reoffend. This factor includes consideration of the following: 52.26 (i) the degree of likely force or harm; 52.27 (ii) the degree of likely physical contact; and 52.28 (iii) the age of the likely victim; 52.29 (2) the offender's prior offense history. This factor 52.30 includes consideration of the following: 52.31 (i) the relationship of prior victims to the offender; 52.32 (ii) the number of prior offenses or victims; 52.33 (iii) the duration of the offender's prior offense history; 52.34 (iv) the length of time since the offender's last prior 52.35 offense while the offender was at risk to commit offenses; and 52.36 (v) the offender's prior history of other antisocial acts; 53.1 (3) the offender's characteristics. This factor includes 53.2 consideration of the following: 53.3 (i) the offender's response to prior treatment efforts; and 53.4 (ii) the offender's history of substance abuse; 53.5 (4) the availability of community supports to the offender. 53.6 This factor includes consideration of the following: 53.7 (i) the availability and likelihood that the offender will 53.8 be involved in therapeutic treatment; 53.9 (ii) the availability of residential supports to the 53.10 offender, such as a stable and supervised living arrangement in 53.11 an appropriate location; 53.12 (iii) the offender's familial and social relationships, 53.13 including the nature and length of these relationships and the 53.14 level of support that the offender may receive from these 53.15 persons; and 53.16 (iv) the offender's lack of education or employment 53.17 stability; 53.18 (5) whether the offender has indicated or credible evidence 53.19 in the record indicates that the offender will reoffend if 53.20 released into the community; and 53.21 (6) whether the offender demonstrates a physical condition 53.22 that minimizes the risk of reoffense, including but not limited 53.23 to, advanced age or a debilitating illness or physical condition. 53.24 (h) Upon the request of the law enforcement agency or the 53.25 offender's corrections agent, the commissioner may reconvene the 53.26 end-of-confinement review committee for the purpose of 53.27 reassessing the risk level to which an offender has been 53.28 assigned under paragraph (e). In a request for a reassessment, 53.29 the law enforcement agency which was responsible for the charge 53.30 resulting in confinement or agent shall list the facts and 53.31 circumstances arising after the initial assignment or facts and 53.32 circumstances known to law enforcement or the agent but not 53.33 considered by the committee under paragraph (e) which support 53.34 the request for a reassessment. The request for reassessment by 53.35 the law enforcement agency must occur within 30 days of receipt 53.36 of the report indicating the offender's risk level assignment. 54.1 The offender's corrections agent, in consultation with the chief 54.2 law enforcement officer in the area where the offender resides 54.3 or intends to reside, may request a review of a risk level at 54.4 any time if substantial evidence exists that the offender's risk 54.5 level should be reviewed by an end-of-confinement review 54.6 committee. This evidence includes, but is not limited to, 54.7 evidence of treatment failures or completions, evidence of 54.8 exceptional crime-free community adjustment or lack of 54.9 appropriate adjustment, evidence of substantial community need 54.10 to know more about the offender or mitigating circumstances that 54.11 would narrow the proposed scope of notification, or other 54.12 practical situations articulated and based in evidence of the 54.13 offender's behavior while under supervision. Upon review of the 54.14 request, the end-of-confinement review committee may reassign an 54.15 offender to a different risk level. If the offender is 54.16 reassigned to a higher risk level, the offender has the right to 54.17 seek review of the committee's determination under subdivision 6. 54.18 (i) An offender may request the end-of-confinement review 54.19 committee to reassess the offender's assigned risk level after 54.20 three years have elapsed since the committee's initial risk 54.21 assessment and may renew the request once every two years 54.22 following subsequent denials. In a request for reassessment, 54.23 the offender shall list the facts and circumstances which 54.24 demonstrate that the offender no longer poses the same degree of 54.25 risk to the community. In order for a request for a risk level 54.26 reduction to be granted, the offender must demonstrate full 54.27 compliance with supervised release conditions, completion of 54.28 required post-release treatment programming, and full compliance 54.29 with all registration requirements as detailed in section 54.30 243.166. The offender must also not have been convicted of any 54.31 felony, gross misdemeanor, or misdemeanor offenses subsequent to 54.32 the assignment of the original risk level. The committee shall 54.33 follow the process outlined in paragraphs (a) to (c) in the 54.34 reassessment. An offender who is incarcerated may not request a 54.35 reassessment under this paragraph. 54.36 (j) Offenders returned to prison as release violators shall 55.1 not have a right to a subsequent risk reassessment by the 55.2 end-of-confinement review committee unless substantial evidence 55.3 indicates that the offender's risk to the public has increased. 55.4 (k) The commissioner shall establish an end-of-confinement 55.5 review committee to assign a risk level to offenders who: 55.6 (1) are released fromaany federal correctional facility 55.7in Minnesotaor from any state correctional facility of another 55.8 state, and who intend to reside in Minnesota, and to offenders; 55.9 or 55.10 (2) are accepted from another state under a reciprocal 55.11 agreement for parole supervision under the interstate compact 55.12 authorized by section 243.16 or 243.1605. 55.13 The committee shall make reasonable efforts to conform to the 55.14 same timelines as applied to Minnesota cases. Offenders 55.15 accepted from another state under a reciprocal agreement for 55.16 probation supervision are not assigned a risk level, but are 55.17 considered downward dispositional departures. The probation or 55.18 court services officer and law enforcement officer shall manage 55.19 such cases in accordance with section 244.10, subdivision 2a. 55.20 The policies and procedures of the committee for federal 55.21 offenders and interstate compact cases must be in accordance 55.22 with all requirements as set forth in this section, unless 55.23 restrictions caused by the nature of federal or interstate 55.24 transfers prevents such conformance. 55.25 (l) If the committee assigns a predatory offender to risk 55.26 level III, the committee shall determine whether residency 55.27 restrictions shall be included in the conditions of the 55.28 offender's release based on the offender's pattern of offending 55.29 behavior. 55.30 [EFFECTIVE DATE.] This section is effective August 1, 2005, 55.31 and applies to offenders entering the state, released from 55.32 confinement, subject to community notification, or sentenced on 55.33 or after that date. 55.34 Sec. 5. Minnesota Statutes 2004, section 244.052, is 55.35 amended by adding a subdivision to read: 55.36 Subd. 3a. [OUT-OF-STATE OFFENDERS; NOTIFICATION 56.1 AUTHORIZED.] (a) This subdivision applies to offenders who move 56.2 or have moved to Minnesota from other states and who: 56.3 (1) at the time of the move are subject to a community 56.4 notification statute similar to this section in the state from 56.5 which the offender is moving; and 56.6 (2) are not assigned a risk level under subdivision 3, 56.7 paragraph (k). 56.8 (b) The law enforcement agency in the area where an 56.9 offender described in paragraph (a) resides, expects to reside, 56.10 or is regularly found, may disclose information regarding the 56.11 offender consistent with subdivision 4, paragraph (a). The 56.12 extent of the notification must be consistent with the 56.13 notification made about the offender in the state from which the 56.14 offender is moving or has moved. However, the extent of the 56.15 notification may not exceed that of a risk level II offender 56.16 under subdivision 4, paragraph (b), unless the requirements of 56.17 paragraph (c) have been met. Except as otherwise provided in 56.18 this subdivision and unless clearly inapplicable, the provisions 56.19 of subdivision 4 apply to notifications made under this 56.20 paragraph. 56.21 (c) If the notification made concerning the offender in the 56.22 state from which the offender is moving or has moved is broader 56.23 than that authorized for a risk level II offender under 56.24 subdivision 4, paragraph (b), and the agency wants to make a 56.25 broader disclosure, the agency may request the 56.26 end-of-confinement review committee at the nearest state 56.27 correctional or treatment facility to assign a risk level to the 56.28 offender. The agency shall provide to the committee all 56.29 information concerning the offender's criminal history, the risk 56.30 the offender poses to the community, and other relevant 56.31 information. In addition, the committee shall attempt to obtain 56.32 other information relevant to determining which risk level to 56.33 assign the offender. Except as provided in this subdivision and 56.34 unless clearly inapplicable, the provisions of subdivision 3 56.35 govern the risk assessment under this paragraph. If the 56.36 committee assigns the offender to risk level III, the agency may 57.1 disclose information in a manner consistent with a risk level 57.2 III offender under subdivision 4, paragraph (b). 57.3 [EFFECTIVE DATE.] This section is effective August 1, 2005, 57.4 and applies to offenders entering the state, released from 57.5 confinement, subject to community notification, or sentenced on 57.6 or after that date. 57.7 Sec. 6. Minnesota Statutes 2004, section 244.052, 57.8 subdivision 4, is amended to read: 57.9 Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 57.10 INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 57.11 area where the predatory offender resides, expects to reside, is 57.12 employed, or is regularly found, shall disclose to the public 57.13 any information regarding the offender contained in the report 57.14 forwarded to the agency under subdivision 3, paragraph (f), that 57.15 is relevant and necessary to protect the public and to 57.16 counteract the offender's dangerousness, consistent with the 57.17 guidelines in paragraph (b). The extent of the information 57.18 disclosed and the community to whom disclosure is made must 57.19 relate to the level of danger posed by the offender, to the 57.20 offender's pattern of offending behavior, and to the need of 57.21 community members for information to enhance their individual 57.22 and collective safety. 57.23 (b) The law enforcement agency shall employ the following 57.24 guidelines in determining the scope of disclosure made under 57.25 this subdivision: 57.26 (1) if the offender is assigned to risk level I, the agency 57.27 may maintain information regarding the offender within the 57.28 agency and may disclose it to other law enforcement agencies. 57.29 Additionally, the agency may disclose the information to any 57.30 victims of or witnesses to the offense committed by the 57.31 offender. The agency shall disclose the information to victims 57.32 of the offense committed by the offender who have requested 57.33 disclosure and to adult members of the offender's immediate 57.34 household; 57.35 (2) if the offender is assigned to risk level II, the 57.36 agency also may disclose the information to agencies and groups 58.1 that the offender is likely to encounter for the purpose of 58.2 securing those institutions and protecting individuals in their 58.3 care while they are on or near the premises of the institution. 58.4 These agencies and groups include the staff members of public 58.5 and private educational institutions, day care establishments, 58.6 and establishments and organizations that primarily serve 58.7 individuals likely to be victimized by the offender. The agency 58.8 also may disclose the information to individuals the agency 58.9 believes are likely to be victimized by the offender. The 58.10 agency's belief shall be based on the offender's pattern of 58.11 offending or victim preference as documented in the information 58.12 provided by the department of corrections or human services; 58.13 (3) if the offender is assigned to risk level III, the 58.14 agency shall disclose the information to the persons and 58.15 entities described in clauses (1) and (2) and to other members 58.16 of the community whom the offender is likely to encounter, 58.17 unless the law enforcement agency determines that public safety 58.18 would be compromised by the disclosure or that a more limited 58.19 disclosure is necessary to protect the identity of the victim. 58.20 Notwithstanding the assignment of a predatory offender to 58.21 risk level II or III, a law enforcement agency may not make the 58.22 disclosures permitted or required by clause (2) or (3), if: the 58.23 offender is placed or resides in a residential facility. 58.24 However, if an offender is placed or resides in a residential 58.25 facility, the offender and the head of the facility shall 58.26 designate the offender's likely residence upon release from the 58.27 facility and the head of the facility shall notify the 58.28 commissioner of corrections or the commissioner of human 58.29 services of the offender's likely residence at least 14 days 58.30 before the offender's scheduled release date. The commissioner 58.31 shall give this information to the law enforcement agency having 58.32 jurisdiction over the offender's likely residence. The head of 58.33 the residential facility also shall notify the commissioner of 58.34 corrections or human services within 48 hours after finalizing 58.35 the offender's approved relocation plan to a permanent 58.36 residence. Within five days after receiving this notification, 59.1 the appropriate commissioner shall give to the appropriate law 59.2 enforcement agency all relevant information the commissioner has 59.3 concerning the offender, including information on the risk 59.4 factors in the offender's history and the risk level to which 59.5 the offender was assigned. After receiving this information, 59.6 the law enforcement agency shall make the disclosures permitted 59.7 or required by clause (2) or (3), as appropriate. 59.8 (c) As used in paragraph (b), clauses (2) and (3), "likely 59.9 to encounter" means that: 59.10 (1) the organizations or community members are in a 59.11 location or in close proximity to a location where the offender 59.12 lives or is employed, or which the offender visits or is likely 59.13 to visit on a regular basis, other than the location of the 59.14 offender's outpatient treatment program; and 59.15 (2) the types of interaction which ordinarily occur at that 59.16 location and other circumstances indicate that contact with the 59.17 offender is reasonably certain. 59.18 (d) A law enforcement agency or official who discloses 59.19 information under this subdivision shall make a good faith 59.20 effort to make the notification within 14 days of receipt of a 59.21 confirmed address from the Department of Corrections indicating 59.22 that the offender will be, or has been, released from 59.23 confinement, or accepted for supervision, or has moved to a new 59.24 address and will reside at the address indicated. If a change 59.25 occurs in the release plan, this notification provision does not 59.26 require an extension of the release date. 59.27 (e) A law enforcement agency or official who discloses 59.28 information under this subdivision shall not disclose the 59.29 identity or any identifying characteristics of the victims of or 59.30 witnesses to the offender's offenses. 59.31 (f) A law enforcement agency shall continue to disclose 59.32 information on an offender as required by this subdivision for 59.33 as long as the offender is required to register under section 59.34 243.166. This requirement on a law enforcement agency to 59.35 continue to disclose information also applies to an offender who 59.36 lacks a primary address and is registering under section 60.1 243.166, subdivision 3a. 60.2 (g) A law enforcement agency that is disclosing information 60.3 on an offender assigned to risk level III to the public under 60.4 this subdivision shall inform the commissioner of corrections 60.5 what information is being disclosed and forward this information 60.6 to the commissioner within two days of the agency's 60.7 determination. The commissioner shall post this information on 60.8 the Internet as required in subdivision 4b. 60.9 (h) A city council may adopt a policy that addresses when 60.10 information disclosed under this subdivision must be presented 60.11 in languages in addition to English. The policy may address 60.12 when information must be presented orally, in writing, or both 60.13 in additional languages by the law enforcement agency disclosing 60.14 the information. The policy may provide for different 60.15 approaches based on the prevalence of non-English languages in 60.16 different neighborhoods. 60.17 [EFFECTIVE DATE.] This section is effective August 1, 2005, 60.18 and applies to offenders entering the state, released from 60.19 confinement, subject to community notification, or sentenced on 60.20 or after that date. 60.21 Sec. 7. Minnesota Statutes 2004, section 244.10, 60.22 subdivision 2a, is amended to read: 60.23 Subd. 2a. [NOTICE OF INFORMATION REGARDING PREDATORY 60.24 OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 60.25 person is convicted of an offense and the presumptive sentence 60.26 under the Sentencing Guidelines is commitment to the custody of 60.27 the commissioner of corrections, if the court grants a 60.28 dispositional departure and stays imposition or execution of 60.29 sentence, the probation or court services officer who is 60.30 assigned to supervise the offender shall provide in writing to 60.31 the following the fact that the offender is on probation and the 60.32 terms and conditions of probation: 60.33 (1) a victim of and any witnesses to the offense committed 60.34 by the offender, if the victim or the witness has requested 60.35 notice; and 60.36 (2) the chief law enforcement officer in the area where the 61.1 offender resides or intends to reside. 61.2 The law enforcement officer, in consultation with the 61.3 offender's probation officer, may provide all or part of this 61.4 information to any of the following agencies or groups the 61.5 offender is likely to encounter: public and private educational 61.6 institutions, day care establishments, and establishments or 61.7 organizations that primarily serve individuals likely to be 61.8 victimized by the offender. The law enforcement officer, in 61.9 consultation with the offender's probation officer, also may 61.10 disclose the information to individuals the officer believes are 61.11 likely to be victimized by the offender. The officer's belief 61.12 shall be based on the offender's pattern of offending or victim 61.13 preference as documented in the information provided by the 61.14 Department of Corrections or Department of Human Services. 61.15 The probation officer is not required under this 61.16 subdivision to provide any notice while the offender is placed 61.17 or resides in a residential facility that is licensed under 61.18 section 245A.02, subdivision 14, or 241.021, if the facility 61.19 staff is trained in the supervision of sex offenders. 61.20 (b) Paragraph (a) applies only to offenders required to 61.21 register under section 243.166, as a result of the conviction. 61.22 (c) The notice authorized by paragraph (a) shall be limited 61.23 to data classified as public under section 13.84, subdivision 6, 61.24 unless the offender provides informed consent to authorize the 61.25 release of nonpublic data or unless a court order authorizes the 61.26 release of nonpublic data. 61.27 (d) Nothing in this subdivision shall be interpreted to 61.28 impose a duty on any person to use any information regarding an 61.29 offender about whom notification is made under this subdivision. 61.30 [EFFECTIVE DATE.] This section is effective August 1, 2005, 61.31 and applies to offenders entering the state, released from 61.32 confinement, subject to community notification, or sentenced on 61.33 or after that date. 61.34 Sec. 8. Minnesota Statutes 2004, section 253B.18, 61.35 subdivision 5, is amended to read: 61.36 Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] 62.1 (a) A petition for an order of transfer, discharge, provisional 62.2 discharge, or revocation of provisional discharge shall be filed 62.3 with the commissioner and may be filed by the patient or by the 62.4 head of the treatment facility. A patient may not petition the 62.5 special review board for six months following commitment under 62.6 subdivision 3 or following the final disposition of any previous 62.7 petition and subsequent appeal by the patient. The medical 62.8 director may petition at any time. 62.9 (b) Fourteen days prior to the hearing, the committing 62.10 court, the county attorney of the county of commitment, the 62.11 designated agency, interested person, the petitioner, and the 62.12 petitioner's counsel shall be given written notice by the 62.13 commissioner of the time and place of the hearing before the 62.14 special review board. Only those entitled to statutory notice 62.15 of the hearing or those administratively required to attend may 62.16 be present at the hearing. The patient may designate interested 62.17 persons to receive notice by providing the names and addresses 62.18 to the commissioner at least 21 days before the hearing. The 62.19 board shall provide the commissioner with written findings of 62.20 fact and recommendations within 21 days of the hearing. The 62.21 commissioner shall issue an order no later than 14 days after 62.22 receiving the recommendation of the special review board. A 62.23 copy of the order shall be sent by certified mail to every 62.24 person entitled to statutory notice of the hearing within five 62.25 days after it is signed. No order by the commissioner shall be 62.26 effective sooner than 30 days after the order is signed, unless 62.27 the county attorney, the patient, and the commissioner agree 62.28 that it may become effective sooner. 62.29 (c) The special review board shall hold a hearing on each 62.30 petition prior to making its recommendation to the 62.31 commissioner. The special review board proceedings are not 62.32 contested cases as defined in chapter 14. Any person or agency 62.33 receiving notice that submits documentary evidence to the 62.34 special review board prior to the hearing shall also provide 62.35 copies to the patient, the patient's counsel, the county 62.36 attorney of the county of commitment, the case manager, and the 63.1 commissioner. 63.2 (d) Prior to the final decision by the commissioner, the 63.3 special review board may be reconvened to consider events or 63.4 circumstances that occurred subsequent to the hearing. 63.5 (e) In making their recommendations and order, the special 63.6 review board and commissioner must consider any statements 63.7 received from victims under subdivision 5a. 63.8 [EFFECTIVE DATE.] This section is effective August 1, 2005. 63.9 Sec. 9. Minnesota Statutes 2004, section 253B.18, is 63.10 amended by adding a subdivision to read: 63.11 Subd. 5a. [VICTIM NOTIFICATION OF PETITION AND RELEASE; 63.12 RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision: 63.13 (1) "crime" has the meaning given to "violent crime" in 63.14 section 609.1095, and includes criminal sexual conduct in the 63.15 fifth degree and offenses within the definition of "crime 63.16 against the person" in section 253B.02, subdivision 4a, and also 63.17 includes offenses listed in section 253B.02, subdivision 7a, 63.18 paragraph (b), regardless of whether they are sexually 63.19 motivated; 63.20 (2) "victim" means a person who has incurred loss or harm 63.21 as a result of a crime the behavior for which forms the basis 63.22 for a commitment under this section or section 253B.185; and 63.23 (3) "convicted" and "conviction" have the meanings given in 63.24 section 609.02, subdivision 5, and also include juvenile court 63.25 adjudications, findings under Minnesota Rules of Criminal 63.26 Procedure, Rule 20.02, that the elements of a crime have been 63.27 proved, and findings in commitment cases under this section or 63.28 section 253B.185 that an act or acts constituting a crime 63.29 occurred. 63.30 (b) A county attorney who files a petition to commit a 63.31 person under this section or section 253B.185 shall make a 63.32 reasonable effort to provide prompt notice of filing the 63.33 petition to any victim of a crime for which the person was 63.34 convicted. In addition, the county attorney shall make a 63.35 reasonable effort to promptly notify the victim of the 63.36 resolution of the petition. 64.1 (c) Before provisionally discharging, discharging, granting 64.2 pass-eligible status, approving a pass plan, or otherwise 64.3 permanently or temporarily releasing a person committed under 64.4 this section or section 253B.185 from a treatment facility, the 64.5 head of the treatment facility shall make a reasonable effort to 64.6 notify any victim of a crime for which the person was convicted 64.7 that the person may be discharged or released and that the 64.8 victim has a right to submit a written statement regarding 64.9 decisions of the medical director, special review board, or 64.10 commissioner with respect to the person. To the extent 64.11 possible, the notice must be provided at least 14 days before 64.12 any special review board hearing or before a determination on a 64.13 pass plan. 64.14 (d) This subdivision applies only to victims who have 64.15 requested notification by contacting, in writing, the county 64.16 attorney in the county where the conviction for the crime 64.17 occurred. A county attorney who receives a request for 64.18 notification under this paragraph shall promptly forward the 64.19 request to the commissioner of human services. 64.20 (e) The rights under this subdivision are in addition to 64.21 rights available to a victim under chapter 611A. This provision 64.22 does not give a victim all the rights of a "notified person" or 64.23 a person "entitled to statutory notice" under subdivision 4a, 64.24 4b, or 5. 64.25 [EFFECTIVE DATE.] This section is effective August 1, 2005. 64.26 Sec. 10. [609.3456] [USE OF POLYGRAPHS FOR SEX OFFENDERS 64.27 ON PROBATION OR CONDITIONAL RELEASE.] 64.28 (a) A court may order as an intermediate sanction under 64.29 section 609.135 and the commissioner of corrections may order as 64.30 a condition of release under section 244.05 or 609.3455 that an 64.31 offender under supervision for a sex offense submit to 64.32 polygraphic examinations to ensure compliance with the terms of 64.33 probation or conditions of release. 64.34 (b) The court or commissioner may order the offender to pay 64.35 all or a portion of the costs of the examinations. The fee may 64.36 be waived if the offender is indigent or if payment would result 65.1 in an economic hardship to the offender's immediate family. 65.2 [EFFECTIVE DATE.] This section is effective the day 65.3 following final enactment. 65.4 Sec. 11. [PROTOCOL ON USE OF POLYGRAPHS.] 65.5 By September 1, 2005, the chief justice of the Supreme 65.6 Court, in consultation with the Conference of Chief Judges, is 65.7 requested to develop a protocol for the use of polygraphic 65.8 examinations for sex offenders placed on probation under 65.9 Minnesota Statutes, section 609.3456. This protocol shall be 65.10 distributed to judges across the state. 65.11 [EFFECTIVE DATE.] This section is effective the day 65.12 following final enactment. 65.13 Sec. 12. [SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON 65.14 AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.] 65.15 Subdivision 1. [ESTABLISHMENT.] The Supreme Court is 65.16 requested to study the following related to the civil commitment 65.17 of sexually dangerous persons and sexual psychopathic 65.18 personalities under Minnesota Statutes, section 253B.185: 65.19 (1) the development and use of a statewide panel of defense 65.20 attorneys to represent those persons after a commitment petition 65.21 is filed; and 65.22 (2) the development and use of a statewide panel of judges 65.23 to hear these petitions. 65.24 Subd. 2. [REPORT.] The Supreme Court shall report its 65.25 findings and recommendations to the chairs and ranking minority 65.26 members of the house of representatives and senate committees 65.27 and divisions having jurisdiction over criminal justice and 65.28 civil law policy and funding by February 1, 2006. 65.29 [EFFECTIVE DATE.] This section is effective the day 65.30 following final enactment. 65.31 Sec. 13. [REPORT ON SEX OFFENDERS BEING RELEASED FROM 65.32 PRISON.] 65.33 By January 15, 2006, the commissioner of corrections shall 65.34 report to the chairs and ranking minority members of the senate 65.35 and house committees and divisions having jurisdiction over 65.36 criminal justice policy and funding on the release of sex 66.1 offenders from prison. The report must include information on 66.2 the number of offenders that the commissioner estimates will be 66.3 released each year for the next five years, recommendations on 66.4 how best to supervise these offenders, and recommendations on 66.5 how best to fund this supervision. 66.6 Sec. 14. [REVISOR INSTRUCTION.] 66.7 The revisor of statutes shall change all references to 66.8 section 243.166, subdivision 1, in Minnesota Statutes to section 66.9 243.166. In addition, the revisor shall make other technical 66.10 changes necessitated by this article. 66.11 [EFFECTIVE DATE.] This section is effective August 1, 2005. 66.12 Sec. 15. [REPEALER.] 66.13 Minnesota Statutes 2004, section 243.166, subdivisions 1 66.14 and 8, are repealed. 66.15 [EFFECTIVE DATE.] This section is effective August 1, 2005. 66.16 ARTICLE 4 66.17 LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES 66.18 Section 1. Minnesota Statutes 2004, section 241.06, is 66.19 amended to read: 66.20 241.06 [RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.] 66.21 Subdivision 1. [GENERAL.] The commissioner of corrections 66.22 shall keep in the commissioner's office, accessible only by the 66.23 commissioner's consent or on the order of a judge or court of 66.24 record, a record showing the residence, sex, age, nativity, 66.25 occupation, civil condition, and date of entrance or commitment 66.26 of every person, inmate, or convict in the facilities under the 66.27 commissioner's exclusive control, the date of discharge and 66.28 whether such discharge was final, the condition of such person 66.29 when the person left the facility, and the date and cause of all 66.30 deaths. The records shall state every transfer from one 66.31 facility to another, naming each. This information shall be 66.32 furnished to the commissioner of corrections by each facility, 66.33 with such other obtainable facts as the commissioner may from 66.34 time to time require. The chief executive officer of each such 66.35 facility, within ten days after the commitment or entrance 66.36 thereto of a person, inmate, or convict, shall cause a true copy 67.1 of the entrance record to be forwarded to the commissioner of 67.2 corrections. When a person, inmate, or convict leaves, is 67.3 discharged or transferred, or dies in any facility, the chief 67.4 executive officer, or other person in charge shall inform the 67.5 commissioner of corrections within ten days thereafter on forms 67.6 furnished by the commissioner. 67.7 The commissioner of corrections may authorize the chief 67.8 executive officer of any facility under the commissioner's 67.9 control to release to probation officers, local social services 67.10 agencies or other specifically designated interested persons or 67.11 agencies any information regarding any person, inmate, or 67.12 convict thereat, if, in the opinion of the commissioner, it will 67.13 be for the benefit of the person, inmate, or convict. 67.14 Subd. 2. [SEX OFFENDER INFORMATION PROVIDED TO SUPERVISING 67.15 CORRECTIONS AGENCY.] When an offender who is required to 67.16 register as a predatory offender under section 243.166 is being 67.17 released from prison, the commissioner shall provide to the 67.18 corrections agency that will supervise the offender, the 67.19 offender's prison records relating to psychological assessments, 67.20 medical and mental health issues, and treatment. 67.21 [EFFECTIVE DATE.] This section is effective August 1, 2005. 67.22 Sec. 2. Minnesota Statutes 2004, section 241.67, 67.23 subdivision 7, is amended to read: 67.24 Subd. 7. [FUNDING PRIORITY; PROGRAM EFFECTIVENESS.] (a) 67.25 Unless otherwise directed by the terms of a particular 67.26 appropriations provision, the commissioner shall give priority 67.27 to the funding of juvenile sex offender programs over the 67.28 funding of adult sex offender programs. 67.29 (b) Every county or private sex offender programthat seeks67.30new or continued state funding or reimbursementshall provide 67.31 the commissioner with any information relating to the program's 67.32 effectiveness that the commissioner considers necessary. The 67.33 commissioner shall deny state funding or reimbursement to any 67.34 county or private program that fails to provide this information 67.35 or that appears to be an ineffective program. 67.36 [EFFECTIVE DATE.] This section is effective August 1, 2005. 68.1 Sec. 3. Minnesota Statutes 2004, section 241.67, 68.2 subdivision 8, is amended to read: 68.3 Subd. 8. [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 68.4PROJECT.] (a) For the purposes of thisprojectsubdivision, a 68.5 sex offender is an adult who has been convicted, or a juvenile 68.6 who has been adjudicated, for a sex offense or a sex-related 68.7 offense which would require registration under section 243.166. 68.8 (b) The commissioner shalldevelop a long-term project to68.9accomplish the following: 68.10 (1)providecollect follow-up information on each sex 68.11 offender for a period of three years following the offender's 68.12 completion of or termination from treatment for the purpose of 68.13 providing periodic reports to the legislature; 68.14 (2) provide treatment programs in several geographical 68.15 areas in the state; 68.16 (3) provide the necessary data to form the basis to 68.17 recommend a fiscally sound plan to provide a coordinated 68.18 statewide system of effective sex offender treatment 68.19 programming; and 68.20 (4) provide an opportunity to local and regional 68.21 governments, agencies, and programs to establish models of sex 68.22 offender programs that are suited to the needs of that region. 68.23 (c) The commissioner shall establish an advisory task force 68.24 consisting of county probation officers from Community 68.25 Corrections Act counties and other counties, court services 68.26 providers, and other interested officials. The commissioner 68.27 shall consult with the task forceconcerning the establishment68.28and operation of the projecton how best to implement the 68.29 requirements of this subdivision. 68.30 [EFFECTIVE DATE.] This section is effective August 1, 2005. 68.31 Sec. 4. Minnesota Statutes 2004, section 243.166, is 68.32 amended by adding a subdivision to read: 68.33 Subd. 4b. [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) As 68.34 used in this subdivision, "health care facility" means a 68.35 hospital or other entity licensed under sections 144.50 to 68.36 144.58, a nursing home licensed to serve adults under section 69.1 144A.02, or a group residential housing facility or an 69.2 intermediate care facility for the mentally retarded licensed 69.3 under chapter 245A. 69.4 (b) Upon admittance to a health care facility, a person 69.5 required to register under this section shall disclose to: 69.6 (1) the health care facility employee processing the 69.7 admission the person's status as a registered predatory offender 69.8 under this section; and 69.9 (2) the person's corrections agent, or if the person does 69.10 not have an assigned corrections agent, the law enforcement 69.11 authority with whom the person is currently required to 69.12 register, that inpatient admission has occurred. 69.13 (c) A law enforcement authority or corrections agent who 69.14 receives notice under paragraph (b) or who knows that a person 69.15 required to register under this section has been admitted and is 69.16 receiving health care at a health care facility shall notify the 69.17 administrator of the facility. 69.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 69.19 and applies to persons who are subject to predatory offender 69.20 registration on or after that date. 69.21 Sec. 5. [244.056] [SEX OFFENDER SEEKING HOUSING IN 69.22 JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.] 69.23 If a corrections agency supervising an offender who is 69.24 required to register as a predatory offender under section 69.25 243.166 and who is classified by the department as a public risk 69.26 monitoring case has knowledge that the offender is seeking 69.27 housing arrangements in a location under the jurisdiction of 69.28 another corrections agency, the agency shall notify the other 69.29 agency of this and initiate a supervision transfer request. 69.30 [EFFECTIVE DATE.] This section is effective August 1, 2005. 69.31 Sec. 6. [244.057] [PLACEMENT OF SEX OFFENDER IN HOUSEHOLD 69.32 WITH CHILDREN.] 69.33 A corrections agency supervising an offender required to 69.34 register as a predatory offender under section 243.166 shall 69.35 notify the appropriate child protection agency before 69.36 authorizing the offender to live in a household where children 70.1 are residing. 70.2 [EFFECTIVE DATE.] This section is effective August 1, 2005. 70.3 Sec. 7. Minnesota Statutes 2004, section 609.3452, 70.4 subdivision 1, is amended to read: 70.5 Subdivision 1. [ASSESSMENT REQUIRED.] When a person is 70.6 convicted of a sex offense, the court shall order an independent 70.7 professional assessment of the offender's need for sex offender 70.8 treatment to be completed before sentencing. The court may 70.9 waive the assessment if: (1) the Sentencing Guidelines provide 70.10 a presumptive prison sentence for the offender, or (2) an 70.11 adequate assessment was conducted prior to the conviction. An 70.12 assessor providing an assessment for the court must be 70.13 experienced in the evaluation and treatment of sex offenders. 70.14 [EFFECTIVE DATE.] This section is effective August 1, 2005. 70.15 Sec. 8. Minnesota Statutes 2004, section 626.556, 70.16 subdivision 3, is amended to read: 70.17 Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who 70.18 knows or has reason to believe a child is being neglected or 70.19 physically or sexually abused, as defined in subdivision 2, or 70.20 has been neglected or physically or sexually abused within the 70.21 preceding three years, shall immediately report the information 70.22 to the local welfare agency, agency responsible for assessing or 70.23 investigating the report, police department, or the county 70.24 sheriff if the person is: 70.25 (1) a professional or professional's delegate who is 70.26 engaged in the practice of the healing arts, social services, 70.27 hospital administration, psychological or psychiatric treatment, 70.28 child care, education, correctional supervision, or law 70.29 enforcement; or 70.30 (2) employed as a member of the clergy and received the 70.31 information while engaged in ministerial duties, provided that a 70.32 member of the clergy is not required by this subdivision to 70.33 report information that is otherwise privileged under section 70.34 595.02, subdivision 1, paragraph (c). 70.35 The police department or the county sheriff, upon receiving 70.36 a report, shall immediately notify the local welfare agency or 71.1 agency responsible for assessing or investigating the report, 71.2 orally and in writing. The local welfare agency, or agency 71.3 responsible for assessing or investigating the report, upon 71.4 receiving a report, shall immediately notify the local police 71.5 department or the county sheriff orally and in writing. The 71.6 county sheriff and the head of every local welfare agency, 71.7 agency responsible for assessing or investigating reports, and 71.8 police department shall each designate a person within their 71.9 agency, department, or office who is responsible for ensuring 71.10 that the notification duties of this paragraph and paragraph (b) 71.11 are carried out. Nothing in this subdivision shall be construed 71.12 to require more than one report from any institution, facility, 71.13 school, or agency. 71.14 (b) Any person may voluntarily report to the local welfare 71.15 agency, agency responsible for assessing or investigating the 71.16 report, police department, or the county sheriff if the person 71.17 knows, has reason to believe, or suspects a child is being or 71.18 has been neglected or subjected to physical or sexual abuse. 71.19 The police department or the county sheriff, upon receiving a 71.20 report, shall immediately notify the local welfare agency or 71.21 agency responsible for assessing or investigating the report, 71.22 orally and in writing. The local welfare agency or agency 71.23 responsible for assessing or investigating the report, upon 71.24 receiving a report, shall immediately notify the local police 71.25 department or the county sheriff orally and in writing. 71.26 (c) A person mandated to report physical or sexual child 71.27 abuse or neglect occurring within a licensed facility shall 71.28 report the information to the agency responsible for licensing 71.29 the facility under sections 144.50 to 144.58; 241.021; 245A.01 71.30 to 245A.16; or chapter 245B; or a nonlicensed personal care 71.31 provider organization as defined in sections 256B.04, 71.32 subdivision 16; and 256B.0625, subdivision 19. A health or 71.33 corrections agency receiving a report may request the local 71.34 welfare agency to provide assistance pursuant to subdivisions 71.35 10, 10a, and 10b. A board or other entity whose licensees 71.36 perform work within a school facility, upon receiving a 72.1 complaint of alleged maltreatment, shall provide information 72.2 about the circumstances of the alleged maltreatment to the 72.3 commissioner of education. Section 13.03, subdivision 4, 72.4 applies to data received by the commissioner of education from a 72.5 licensing entity. 72.6 (d) Any person mandated to report shall receive a summary 72.7 of the disposition of any report made by that reporter, 72.8 including whether the case has been opened for child protection 72.9 or other services, or if a referral has been made to a community 72.10 organization, unless release would be detrimental to the best 72.11 interests of the child. Any person who is not mandated to 72.12 report shall, upon request to the local welfare agency, receive 72.13 a concise summary of the disposition of any report made by that 72.14 reporter, unless release would be detrimental to the best 72.15 interests of the child. 72.16 (e) For purposes of this subdivision, "immediately" means 72.17 as soon as possible but in no event longer than 24 hours. 72.18 [EFFECTIVE DATE.] This section is effective August 1, 2005. 72.19 Sec. 9. [WORKING GROUP ON SEX OFFENDER MANAGEMENT.] 72.20 Subdivision 1. [WORKING GROUP ESTABLISHED.] The 72.21 commissioner of corrections shall convene a working group of 72.22 individuals knowledgeable in the supervision and treatment of 72.23 sex offenders. The group must include individuals from both 72.24 inside and outside of the Department of Corrections. The 72.25 commissioner shall ensure broad representation in the group, 72.26 including representatives from all three probation systems and 72.27 from diverse parts of the state. The working group shall study 72.28 and make recommendations on the issues listed in this section. 72.29 To the degree feasible, the group shall consider how these 72.30 issues are addressed in other states. 72.31 Subd. 2. [ISSUES TO BE STUDIED.] The working group shall 72.32 review and make recommendations on: 72.33 (1) statewide standards regarding the minimum frequency of 72.34 in-person contacts between sex offenders and their correctional 72.35 agents, including, but not limited to, home visits; 72.36 (2) a model set of special conditions of sex offender 73.1 supervision that can be used by courts and corrections agencies 73.2 throughout Minnesota; 73.3 (3) statewide standards regarding the documentation by 73.4 correctional agents of their supervision activities; 73.5 (4) standards to provide corrections agencies with guidance 73.6 regarding sex offender assessment practices; 73.7 (5) policies that encourage sentencing conditions and 73.8 prison release plans to clearly distinguish between sex offender 73.9 treatment programs and other types of programs and services and 73.10 to clearly specify which type of program the offender is 73.11 required to complete; 73.12 (6) ways to improve the Department of Corrections' prison 73.13 release planning practices for sex offenders, including sex 73.14 offenders with chemical dependency needs or mental health needs; 73.15 (7) methods and timetables for periodic external reviews of 73.16 sex offender supervision practices; 73.17 (8) statewide standards for the use of polygraphs by 73.18 corrections agencies and sex offender treatment programs; 73.19 (9) statewide standards specifying basic program elements 73.20 for community-based sex offender treatment programs, including, 73.21 but not limited to, staff qualifications, case planning, use of 73.22 polygraphs, and progress reports prepared for supervising 73.23 agencies; 73.24 (10) a statewide protocol on the sharing of sex offender 73.25 information between corrections agencies and child protection 73.26 agencies in situations where offenders are placed in households 73.27 where children reside; 73.28 (11) best practices for supervising sex offenders such as 73.29 intensive supervised release, specialized caseloads, and other 73.30 innovative methods, ideal caseload sizes for supervising agents, 73.31 and methods to implement this in a manner that does not 73.32 negatively impact the supervision of other types of offenders; 73.33 and 73.34 (12) any other issues related to sex offender treatment and 73.35 management that the working group deems appropriate. 73.36 Subd. 3. [REVIEW OF NEW LAWS.] The working group shall 74.1 also review the provisions of any laws enacted in 2005 relating 74.2 to sex offender supervision and treatment. The group shall make 74.3 recommendations on whether any changes to these provisions 74.4 should be considered by the legislature. 74.5 Subd. 4. [REPORT.] By February 15, 2006, the working group 74.6 shall report its recommendations to the chairs and ranking 74.7 minority members of the senate and house committees having 74.8 jurisdiction over criminal justice policy. 74.9 Subd. 5. [POLICIES REQUIRED.] After considering the 74.10 recommendations of the working group, the commissioner of 74.11 corrections shall implement policies and standards relating to 74.12 the issues described in subdivision 2 over which the 74.13 commissioner has jurisdiction. 74.14 [EFFECTIVE DATE.] This section is effective the day 74.15 following final enactment. 74.16 Sec. 10. [PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS; 74.17 REPORT.] 74.18 By February 15, 2006, the commissioner of corrections shall 74.19 report to the chairs and ranking minority members of the senate 74.20 and house committees having jurisdiction over criminal justice 74.21 policy on prison-based sex offender treatment programs. The 74.22 report must: 74.23 (1) examine options for increasing the number of inmates 74.24 participating in these programs; 74.25 (2) examine the adequacy of funding for these programs; 74.26 (3) examine options for treating inmates who have limited 74.27 periods of time remaining in their terms of imprisonment; 74.28 (4) examine the merits and limitations of extending an 74.29 inmate's term of imprisonment for refusing to participate in 74.30 treatment; and 74.31 (5) examine any other related issues deemed relevant by the 74.32 commissioner. 74.33 ARTICLE 5 74.34 SEX OFFENDERS: 74.35 TECHNICAL AND CONFORMING CHANGES 74.36 Section 1. Minnesota Statutes 2004, section 14.03, 75.1 subdivision 3, is amended to read: 75.2 Subd. 3. [RULEMAKING PROCEDURES.] (a) The definition of a 75.3 rule in section 14.02, subdivision 4, does not include: 75.4 (1) rules concerning only the internal management of the 75.5 agency or other agencies that do not directly affect the rights 75.6 of or procedures available to the public; 75.7 (2) an application deadline on a form; and the remainder of 75.8 a form and instructions for use of the form to the extent that 75.9 they do not impose substantive requirements other than 75.10 requirements contained in statute or rule; 75.11 (3) the curriculum adopted by an agency to implement a 75.12 statute or rule permitting or mandating minimum educational 75.13 requirements for persons regulated by an agency, provided the 75.14 topic areas to be covered by the minimum educational 75.15 requirements are specified in statute or rule; 75.16 (4) procedures for sharing data among government agencies, 75.17 provided these procedures are consistent with chapter 13 and 75.18 other law governing data practices. 75.19 (b) The definition of a rule in section 14.02, subdivision 75.20 4, does not include: 75.21 (1) rules of the commissioner of corrections relating to 75.22 the release, placement, term, and supervision of inmates serving 75.23 a supervised release or conditional release term, the internal 75.24 management of institutions under the commissioner's control, and 75.25 rules adopted under section 609.105 governing the inmates of 75.26 those institutions; 75.27 (2) rules relating to weight limitations on the use of 75.28 highways when the substance of the rules is indicated to the 75.29 public by means of signs; 75.30 (3) opinions of the attorney general; 75.31 (4) the data element dictionary and the annual data 75.32 acquisition calendar of the Department of Education to the 75.33 extent provided by section 125B.07; 75.34 (5) the occupational safety and health standards provided 75.35 in section 182.655; 75.36 (6) revenue notices and tax information bulletins of the 76.1 commissioner of revenue; 76.2 (7) uniform conveyancing forms adopted by the commissioner 76.3 of commerce under section 507.09; or 76.4 (8) the interpretive guidelines developed by the 76.5 commissioner of human services to the extent provided in chapter 76.6 245A. 76.7 [EFFECTIVE DATE.] This section is effective August 1, 2005, 76.8 and applies to crimes committed on or after that date. 76.9 Sec. 2. Minnesota Statutes 2004, section 244.05, 76.10 subdivision 7, is amended to read: 76.11 Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] 76.12 (a) Before the commissioner releases from prison any inmate 76.13 convicted undersectionssection 609.342to, 609.343, 609.344, 76.14 609.345, or 609.3453, or sentenced as a patterned offender under 76.15 section 609.108, and determined by the commissioner to be in a 76.16 high risk category, the commissioner shall make a preliminary 76.17 determination whether, in the commissioner's opinion, a petition 76.18 under section 253B.185 may be appropriate. 76.19 (b) In making this decision, the commissioner shall have 76.20 access to the following data only for the purposes of the 76.21 assessment and referral decision: 76.22 (1) private medical data under section 13.384 or 144.335, 76.23 or welfare data under section 13.46 that relate to medical 76.24 treatment of the offender; 76.25 (2) private and confidential court services data under 76.26 section 13.84; 76.27 (3) private and confidential corrections data under section 76.28 13.85; and 76.29 (4) private criminal history data under section 13.87. 76.30 (c) If the commissioner determines that a petition may be 76.31 appropriate, the commissioner shall forward this determination, 76.32 along with a summary of the reasons for the determination, to 76.33 the county attorney in the county where the inmate was convicted 76.34 no later than 12 months before the inmate's release date. If 76.35 the inmate is received for incarceration with fewer than 12 76.36 months remaining in the inmate's term of imprisonment, or if the 77.1 commissioner receives additional information less than 12 months 77.2 before release which makes the inmate's case appropriate for 77.3 referral, the commissioner shall forward the determination as 77.4 soon as is practicable. Upon receiving the commissioner's 77.5 preliminary determination, the county attorney shall proceed in 77.6 the manner provided in section 253B.185. The commissioner shall 77.7 release to the county attorney all requested documentation 77.8 maintained by the department. 77.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 77.10 and applies to crimes committed on or after that date. 77.11 Sec. 3. Minnesota Statutes 2004, section 244.052, 77.12 subdivision 3, is amended to read: 77.13 Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 77.14 commissioner of corrections shall establish and administer 77.15 end-of-confinement review committees at each state correctional 77.16 facility and at each state treatment facility where predatory 77.17 offenders are confined. The committees shall assess on a 77.18 case-by-case basis the public risk posed by predatory offenders 77.19 who are about to be released from confinement. 77.20 (b) Each committee shall be a standing committee and shall 77.21 consist of the following members appointed by the commissioner: 77.22 (1) the chief executive officer or head of the correctional 77.23 or treatment facility where the offender is currently confined, 77.24 or that person's designee; 77.25 (2) a law enforcement officer; 77.26 (3) a treatment professional who is trained in the 77.27 assessment of sex offenders; 77.28 (4) a caseworker experienced in supervising sex offenders; 77.29 and 77.30 (5) a victim's services professional. 77.31 Members of the committee, other than the facility's chief 77.32 executive officer or head, shall be appointed by the 77.33 commissioner to two-year terms. The chief executive officer or 77.34 head of the facility or designee shall act as chair of the 77.35 committee and shall use the facility's staff, as needed, to 77.36 administer the committee, obtain necessary information from 78.1 outside sources, and prepare risk assessment reports on 78.2 offenders. 78.3 (c) The committee shall have access to the following data 78.4 on a predatory offender only for the purposes of its assessment 78.5 and to defend the committee's risk assessment determination upon 78.6 administrative review under this section: 78.7 (1) private medical data under section 13.384 or 144.335, 78.8 or welfare data under section 13.46 that relate to medical 78.9 treatment of the offender; 78.10 (2) private and confidential court services data under 78.11 section 13.84; 78.12 (3) private and confidential corrections data under section 78.13 13.85; and 78.14 (4) private criminal history data under section 13.87. 78.15 Data collected and maintained by the committee under this 78.16 paragraph may not be disclosed outside the committee, except as 78.17 provided under section 13.05, subdivision 3 or 4. The predatory 78.18 offender has access to data on the offender collected and 78.19 maintained by the committee, unless the data are confidential 78.20 data received under this paragraph. 78.21 (d)(i) Except as otherwise provided initemitems (ii), 78.22 (iii), and (iv), at least 90 days before a predatory offender is 78.23 to be released from confinement, the commissioner of corrections 78.24 shall convene the appropriate end-of-confinement review 78.25 committee for the purpose of assessing the risk presented by the 78.26 offender and determining the risk level to which the offender 78.27 shall be assigned under paragraph (e). The offender and the law 78.28 enforcement agency that was responsible for the charge resulting 78.29 in confinement shall be notified of the time and place of the 78.30 committee's meeting. The offender has a right to be present and 78.31 be heard at the meeting. The law enforcement agency may provide 78.32 material in writing that is relevant to the offender's risk 78.33 level to the chair of the committee. The committee shall use 78.34 the risk factors described in paragraph (g) and the risk 78.35 assessment scale developed under subdivision 2 to determine the 78.36 offender's risk assessment score and risk level. Offenders 79.1 scheduled for release from confinement shall be assessed by the 79.2 committee established at the facility from which the offender is 79.3 to be released. 79.4 (ii) If an offender is received for confinement in a 79.5 facility with less than 90 days remaining in the offender's term 79.6 of confinement, the offender's risk shall be assessed at the 79.7 first regularly scheduled end of confinement review committee 79.8 that convenes after the appropriate documentation for the risk 79.9 assessment is assembled by the committee. The commissioner 79.10 shall make reasonable efforts to ensure that offender's risk is 79.11 assessed and a risk level is assigned or reassigned at least 30 79.12 days before the offender's release date. 79.13 (iii) If the offender is subject to a mandatory life 79.14 sentence under section 609.342, subdivision 2, paragraph (b), or 79.15 609.3455, the commissioner of corrections shall convene the 79.16 appropriate end-of-confinement review committee at least nine 79.17 months before the offender's minimum term of imprisonment has 79.18 been served. If the offender is received for confinement in a 79.19 facility with less than nine months remaining before the 79.20 offender's minimum term of imprisonment has been served, the 79.21 committee shall conform its procedures to those outlined in item 79.22 (ii) to the extent practicable. 79.23 (iv) If the offender is granted supervised release, the 79.24 commissioner of corrections shall notify the appropriate 79.25 end-of-confinement review committee that it needs to review the 79.26 offender's previously determined risk level at its next 79.27 regularly scheduled meeting. The commissioner shall make 79.28 reasonable efforts to ensure that the offender's earlier risk 79.29 level determination is reviewed and the risk level is confirmed 79.30 or reassigned at least 60 days before the offender's release 79.31 date. The committee shall give the report to the offender and 79.32 to the law enforcement agency at least 60 days before an 79.33 offender is released from confinement. 79.34 (e) The committee shall assign to risk level I a predatory 79.35 offender whose risk assessment score indicates a low risk of 79.36 reoffense. The committee shall assign to risk level II an 80.1 offender whose risk assessment score indicates a moderate risk 80.2 of reoffense. The committee shall assign to risk level III an 80.3 offender whose risk assessment score indicates a high risk of 80.4 reoffense. 80.5 (f) Before the predatory offender is released from 80.6 confinement, the committee shall prepare a risk assessment 80.7 report which specifies the risk level to which the offender has 80.8 been assigned and the reasons underlying the committee's risk 80.9 assessment decision. Except for an offender subject to a 80.10 mandatory life sentence under section 609.342, subdivision 2, 80.11 paragraph (b), or 609.3455, who has not been granted supervised 80.12 release, the committee shall give the report to the offender and 80.13 to the law enforcement agency at least 60 days before an 80.14 offender is released from confinement. If the offender is 80.15 subject to a mandatory life sentence and has not yet served the 80.16 entire minimum term of imprisonment, the committee shall give 80.17 the report to the offender and to the commissioner at least six 80.18 months before the offender is first eligible for release. If 80.19 the risk assessment is performed under the circumstances 80.20 described in paragraph (d), item (ii), the report shall be given 80.21 to the offender and the law enforcement agency as soon as it is 80.22 available. The committee also shall inform the offender of the 80.23 availability of review under subdivision 6. 80.24 (g) As used in this subdivision, "risk factors" includes, 80.25 but is not limited to, the following factors: 80.26 (1) the seriousness of the offense should the offender 80.27 reoffend. This factor includes consideration of the following: 80.28 (i) the degree of likely force or harm; 80.29 (ii) the degree of likely physical contact; and 80.30 (iii) the age of the likely victim; 80.31 (2) the offender's prior offense history. This factor 80.32 includes consideration of the following: 80.33 (i) the relationship of prior victims to the offender; 80.34 (ii) the number of prior offenses or victims; 80.35 (iii) the duration of the offender's prior offense history; 80.36 (iv) the length of time since the offender's last prior 81.1 offense while the offender was at risk to commit offenses; and 81.2 (v) the offender's prior history of other antisocial acts; 81.3 (3) the offender's characteristics. This factor includes 81.4 consideration of the following: 81.5 (i) the offender's response to prior treatment efforts; and 81.6 (ii) the offender's history of substance abuse; 81.7 (4) the availability of community supports to the offender. 81.8 This factor includes consideration of the following: 81.9 (i) the availability and likelihood that the offender will 81.10 be involved in therapeutic treatment; 81.11 (ii) the availability of residential supports to the 81.12 offender, such as a stable and supervised living arrangement in 81.13 an appropriate location; 81.14 (iii) the offender's familial and social relationships, 81.15 including the nature and length of these relationships and the 81.16 level of support that the offender may receive from these 81.17 persons; and 81.18 (iv) the offender's lack of education or employment 81.19 stability; 81.20 (5) whether the offender has indicated or credible evidence 81.21 in the record indicates that the offender will reoffend if 81.22 released into the community; and 81.23 (6) whether the offender demonstrates a physical condition 81.24 that minimizes the risk of reoffense, including but not limited 81.25 to, advanced age or a debilitating illness or physical condition. 81.26 (h) Upon the request of the law enforcement agency or the 81.27 offender's corrections agent, the commissioner may reconvene the 81.28 end-of-confinement review committee for the purpose of 81.29 reassessing the risk level to which an offender has been 81.30 assigned under paragraph (e). In a request for a reassessment, 81.31 the law enforcement agency which was responsible for the charge 81.32 resulting in confinement or agent shall list the facts and 81.33 circumstances arising after the initial assignment or facts and 81.34 circumstances known to law enforcement or the agent but not 81.35 considered by the committee under paragraph (e) which support 81.36 the request for a reassessment. The request for reassessment by 82.1 the law enforcement agency must occur within 30 days of receipt 82.2 of the report indicating the offender's risk level assignment. 82.3 The offender's corrections agent, in consultation with the chief 82.4 law enforcement officer in the area where the offender resides 82.5 or intends to reside, may request a review of a risk level at 82.6 any time if substantial evidence exists that the offender's risk 82.7 level should be reviewed by an end-of-confinement review 82.8 committee. This evidence includes, but is not limited to, 82.9 evidence of treatment failures or completions, evidence of 82.10 exceptional crime-free community adjustment or lack of 82.11 appropriate adjustment, evidence of substantial community need 82.12 to know more about the offender or mitigating circumstances that 82.13 would narrow the proposed scope of notification, or other 82.14 practical situations articulated and based in evidence of the 82.15 offender's behavior while under supervision. Upon review of the 82.16 request, the end-of-confinement review committee may reassign an 82.17 offender to a different risk level. If the offender is 82.18 reassigned to a higher risk level, the offender has the right to 82.19 seek review of the committee's determination under subdivision 6. 82.20 (i) An offender may request the end-of-confinement review 82.21 committee to reassess the offender's assigned risk level after 82.22 three years have elapsed since the committee's initial risk 82.23 assessment and may renew the request once every two years 82.24 following subsequent denials. In a request for reassessment, 82.25 the offender shall list the facts and circumstances which 82.26 demonstrate that the offender no longer poses the same degree of 82.27 risk to the community. In order for a request for a risk level 82.28 reduction to be granted, the offender must demonstrate full 82.29 compliance with supervised release conditions, completion of 82.30 required post-release treatment programming, and full compliance 82.31 with all registration requirements as detailed in section 82.32 243.166. The offender must also not have been convicted of any 82.33 felony, gross misdemeanor, or misdemeanor offenses subsequent to 82.34 the assignment of the original risk level. The committee shall 82.35 follow the process outlined in paragraphs (a) to (c) in the 82.36 reassessment. An offender who is incarcerated may not request a 83.1 reassessment under this paragraph. 83.2 (j) Offenders returned to prison as release violators shall 83.3 not have a right to a subsequent risk reassessment by the 83.4 end-of-confinement review committee unless substantial evidence 83.5 indicates that the offender's risk to the public has increased. 83.6 (k) The commissioner shall establish an end-of-confinement 83.7 review committee to assign a risk level to offenders who are 83.8 released from a federal correctional facility in Minnesota or 83.9 another state and who intend to reside in Minnesota, and to 83.10 offenders accepted from another state under a reciprocal 83.11 agreement for parole supervision under the interstate compact 83.12 authorized by section 243.16. The committee shall make 83.13 reasonable efforts to conform to the same timelines as applied 83.14 to Minnesota cases. Offenders accepted from another state under 83.15 a reciprocal agreement for probation supervision are not 83.16 assigned a risk level, but are considered downward dispositional 83.17 departures. The probation or court services officer and law 83.18 enforcement officer shall manage such cases in accordance with 83.19 section 244.10, subdivision 2a. The policies and procedures of 83.20 the committee for federal offenders and interstate compact cases 83.21 must be in accordance with all requirements as set forth in this 83.22 section, unless restrictions caused by the nature of federal or 83.23 interstate transfers prevents such conformance. 83.24 (l) If the committee assigns a predatory offender to risk 83.25 level III, the committee shall determine whether residency 83.26 restrictions shall be included in the conditions of the 83.27 offender's release based on the offender's pattern of offending 83.28 behavior. 83.29 [EFFECTIVE DATE.] This section is effective August 1, 2005, 83.30 and applies to crimes committed on or after that date. 83.31 Sec. 4. Minnesota Statutes 2004, section 609.109, 83.32 subdivision 2, is amended to read: 83.33 Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] Except as 83.34 provided in subdivision 3 or 4, if a person is convicted under 83.35 sections 609.342 to609.345609.3453, within 15 years of a 83.36 previous sex offense conviction, the court shall commit the 84.1 defendant to the commissioner of corrections for not less than 84.2 three years, nor more than the maximum sentence provided by law 84.3 for the offense for which convicted, notwithstanding the 84.4 provisions of sections 242.19, 243.05, 609.11, 609.12, and 84.5 609.135. The court may stay the execution of the sentence 84.6 imposed under this subdivision only if it finds that a 84.7 professional assessment indicates the offender is accepted by 84.8 and can respond to treatment at a long-term inpatient program 84.9 exclusively treating sex offenders and approved by the 84.10 commissioner of corrections. If the court stays the execution 84.11 of a sentence, it shall include the following as conditions of 84.12 probation: 84.13 (1) incarceration in a local jail or workhouse; and 84.14 (2) a requirement that the offender successfully complete 84.15 the treatment program and aftercare as directed by the court. 84.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 84.17 and applies to crimes committed on or after that date. 84.18 Sec. 5. Minnesota Statutes 2004, section 609.109, 84.19 subdivision 5, is amended to read: 84.20 Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the 84.21 purposes of this section, a conviction is considered a previous 84.22 sex offense conviction if the person was convicted of a sex 84.23 offense before the commission of the present offense of 84.24 conviction. A person has two previous sex offense convictions 84.25 only if the person was convicted and sentenced for a sex offense 84.26 committed after the person was earlier convicted and sentenced 84.27 for a sex offense, both convictions preceded the commission of 84.28 the present offense of conviction, and 15 years have not elapsed 84.29 since the person was discharged from the sentence imposed for 84.30 the second conviction. A "sex offense" is a violation of 84.31 sections 609.342 to609.345609.3453 or any similar statute of 84.32 the United States, this state, or any other state. 84.33 [EFFECTIVE DATE.] This section is effective August 1, 2005, 84.34 and applies to crimes committed on or after that date. 84.35 Sec. 6. Minnesota Statutes 2004, section 609.115, is 84.36 amended by adding a subdivision to read: 85.1 Subd. 2a. [INDETERMINATE AND MANDATORY LIFE SENTENCES; 85.2 SENTENCING WORKSHEET.] If the defendant has been convicted of a 85.3 felony crime for which any type of indeterminate sentence or 85.4 mandatory life sentence is provided by law, the court shall 85.5 cause a sentencing worksheet as provided in subdivision 1, 85.6 paragraph (e), to be completed and forwarded to the Minnesota 85.7 Sentencing Guidelines Commission. 85.8 Sec. 7. Minnesota Statutes 2004, section 609.117, 85.9 subdivision 1, is amended to read: 85.10 Subdivision 1. [UPON SENTENCING.] The court shall order an 85.11 offender to provide a biological specimen for the purpose of DNA 85.12 analysis as defined in section 299C.155 when: 85.13 (1) the court sentences a person charged with violating or 85.14 attempting to violate any of the following, and the person is 85.15 convicted of that offense or of any offense arising out of the 85.16 same set of circumstances: 85.17 (i) murder under section 609.185, 609.19, or 609.195; 85.18 (ii) manslaughter under section 609.20 or 609.205; 85.19 (iii) assault under section 609.221, 609.222, or 609.223; 85.20 (iv) robbery under section 609.24 or aggravated robbery 85.21 under section 609.245; 85.22 (v) kidnapping under section 609.25; 85.23 (vi) false imprisonment under section 609.255; 85.24 (vii) criminal sexual conduct under section 609.342, 85.25 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 85.26 609.3453; 85.27 (viii) incest under section 609.365; 85.28 (ix) burglary under section 609.582, subdivision 1; or 85.29 (x) indecent exposure under section 617.23, subdivision 3; 85.30 (2) the court sentences a person as a patterned sex 85.31 offender under section 609.108; or 85.32 (3) the juvenile court adjudicates a person a delinquent 85.33 child who is the subject of a delinquency petition for violating 85.34 or attempting to violate any of the following, and the 85.35 delinquency adjudication is based on a violation of one of those 85.36 sections or of any offense arising out of the same set of 86.1 circumstances: 86.2 (i) murder under section 609.185, 609.19, or 609.195; 86.3 (ii) manslaughter under section 609.20 or 609.205; 86.4 (iii) assault under section 609.221, 609.222, or 609.223; 86.5 (iv) robbery under section 609.24 or aggravated robbery 86.6 under section 609.245; 86.7 (v) kidnapping under section 609.25; 86.8 (vi) false imprisonment under section 609.255; 86.9 (vii) criminal sexual conduct under section 609.342, 86.10 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 86.11 609.3453; 86.12 (viii) incest under section 609.365; 86.13 (ix) burglary under section 609.582, subdivision 1; or 86.14 (x) indecent exposure under section 617.23, subdivision 3. 86.15 The biological specimen or the results of the analysis shall be 86.16 maintained by the Bureau of Criminal Apprehension as provided in 86.17 section 299C.155. 86.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 86.19 and applies to crimes committed on or after that date. 86.20 Sec. 8. Minnesota Statutes 2004, section 609.117, 86.21 subdivision 2, is amended to read: 86.22 Subd. 2. [BEFORE RELEASE.] The commissioner of corrections 86.23 or local corrections authority shall order a person to provide a 86.24 biological specimen for the purpose of DNA analysis before 86.25 completion of the person's term of imprisonment when the person 86.26 has not provided a biological specimen for the purpose of DNA 86.27 analysis and the person: 86.28 (1) is currently serving a term of imprisonment for or has 86.29 a past conviction for violating or attempting to violate any of 86.30 the following or a similar law of another state or the United 86.31 States or initially charged with violating one of the following 86.32 sections or a similar law of another state or the United States 86.33 and convicted of another offense arising out of the same set of 86.34 circumstances: 86.35 (i) murder under section 609.185, 609.19, or 609.195; 86.36 (ii) manslaughter under section 609.20 or 609.205; 87.1 (iii) assault under section 609.221, 609.222, or 609.223; 87.2 (iv) robbery under section 609.24 or aggravated robbery 87.3 under section 609.245; 87.4 (v) kidnapping under section 609.25; 87.5 (vi) false imprisonment under section 609.255; 87.6 (vii) criminal sexual conduct under section 609.342, 87.7 609.343, 609.344, 609.345,or609.3451, subdivision 3, or 87.8 609.3453; 87.9 (viii) incest under section 609.365; 87.10 (ix) burglary under section 609.582, subdivision 1; or 87.11 (x) indecent exposure under section 617.23, subdivision 3; 87.12 or 87.13 (2) was sentenced as a patterned sex offender under section 87.14 609.108, and committed to the custody of the commissioner of 87.15 corrections; or 87.16 (3) is serving a term of imprisonment in this state under a 87.17 reciprocal agreement although convicted in another state of an 87.18 offense described in this subdivision or a similar law of the 87.19 United States or any other state. The commissioner of 87.20 corrections or local corrections authority shall forward the 87.21 sample to the Bureau of Criminal Apprehension. 87.22 [EFFECTIVE DATE.] This section is effective August 1, 2005, 87.23 and applies to crimes committed on or after that date. 87.24 Sec. 9. Minnesota Statutes 2004, section 609.1351, is 87.25 amended to read: 87.26 609.1351 [PETITION FOR CIVIL COMMITMENT.] 87.27 When a court sentences a person under section 609.108, 87.28 609.342, 609.343, 609.344,or609.345, or 609.3453, the court 87.29 shall make a preliminary determination whether in the court's 87.30 opinion a petition under section 253B.185 may be appropriate and 87.31 include the determination as part of the sentencing order. If 87.32 the court determines that a petition may be appropriate, the 87.33 court shall forward its preliminary determination along with 87.34 supporting documentation to the county attorney. 87.35 [EFFECTIVE DATE.] This section is effective August 1, 2005, 87.36 and applies to crimes committed on or after that date. 88.1 Sec. 10. Minnesota Statutes 2004, section 609.347, is 88.2 amended to read: 88.3 609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.] 88.4 Subdivision 1. In a prosecution under sections 609.109or, 88.5 609.342 to 609.3451, or 609.3453, the testimony of a victim need 88.6 not be corroborated. 88.7 Subd. 2. In a prosecution under sections 609.109or, 88.8 609.342 to 609.3451, or 609.3453, there is no need to show that 88.9 the victim resisted the accused. 88.10 Subd. 3. In a prosecution under sections 609.109, 609.342 88.11 to 609.3451, 609.3453, or 609.365, evidence of the victim's 88.12 previous sexual conduct shall not be admitted nor shall any 88.13 reference to such conduct be made in the presence of the jury, 88.14 except by court order under the procedure provided in 88.15 subdivision 4. The evidence can be admitted only if the 88.16 probative value of the evidence is not substantially outweighed 88.17 by its inflammatory or prejudicial nature and only in the 88.18 circumstances set out in paragraphs (a) and (b). For the 88.19 evidence to be admissible under paragraph (a), subsection (i), 88.20 the judge must find by a preponderance of the evidence that the 88.21 facts set out in the accused's offer of proof are true. For the 88.22 evidence to be admissible under paragraph (a), subsection (ii) 88.23 or paragraph (b), the judge must find that the evidence is 88.24 sufficient to support a finding that the facts set out in the 88.25 accused's offer of proof are true, as provided under Rule 901 of 88.26 the Rules of Evidence. 88.27 (a) When consent of the victim is a defense in the case, 88.28 the following evidence is admissible: 88.29 (i) evidence of the victim's previous sexual conduct 88.30 tending to establish a common scheme or plan of similar sexual 88.31 conduct under circumstances similar to the case at issue. In 88.32 order to find a common scheme or plan, the judge must find that 88.33 the victim made prior allegations of sexual assault which were 88.34 fabricated; and 88.35 (ii) evidence of the victim's previous sexual conduct with 88.36 the accused. 89.1 (b) When the prosecution's case includes evidence of semen, 89.2 pregnancy, or disease at the time of the incident or, in the 89.3 case of pregnancy, between the time of the incident and trial, 89.4 evidence of specific instances of the victim's previous sexual 89.5 conduct is admissible solely to show the source of the semen, 89.6 pregnancy, or disease. 89.7 Subd. 4. The accused may not offer evidence described in 89.8 subdivision 3 except pursuant to the following procedure: 89.9 (a) A motion shall be made by the accused at least three 89.10 business days prior to trial, unless later for good cause shown, 89.11 setting out with particularity the offer of proof of the 89.12 evidence that the accused intends to offer, relative to the 89.13 previous sexual conduct of the victim; 89.14 (b) If the court deems the offer of proof sufficient, the 89.15 court shall order a hearing out of the presence of the jury, if 89.16 any, and in such hearing shall allow the accused to make a full 89.17 presentation of the offer of proof; 89.18 (c) At the conclusion of the hearing, if the court finds 89.19 that the evidence proposed to be offered by the accused 89.20 regarding the previous sexual conduct of the victim is 89.21 admissible under subdivision 3 and that its probative value is 89.22 not substantially outweighed by its inflammatory or prejudicial 89.23 nature, the court shall make an order stating the extent to 89.24 which evidence is admissible. The accused may then offer 89.25 evidence pursuant to the order of the court; 89.26 (d) If new information is discovered after the date of the 89.27 hearing or during the course of trial, which may make evidence 89.28 described in subdivision 3 admissible, the accused may make an 89.29 offer of proof pursuant to clause (a) and the court shall order 89.30 an in camera hearing to determine whether the proposed evidence 89.31 is admissible by the standards herein. 89.32 Subd. 5. In a prosecution under sections 609.109or, 89.33 609.342 to 609.3451, or 609.3453, the court shall not instruct 89.34 the jury to the effect that: 89.35 (a) It may be inferred that a victim who has previously 89.36 consented to sexual intercourse with persons other than the 90.1 accused would be therefore more likely to consent to sexual 90.2 intercourse again; or 90.3 (b) The victim's previous or subsequent sexual conduct in 90.4 and of itself may be considered in determining the credibility 90.5 of the victim; or 90.6 (c) Criminal sexual conduct is a crime easily charged by a 90.7 victim but very difficult to disprove by an accused because of 90.8 the heinous nature of the crime; or 90.9 (d) The jury should scrutinize the testimony of the victim 90.10 any more closely than it should scrutinize the testimony of any 90.11 witness in any felony prosecution. 90.12 Subd. 6. (a) In a prosecution under sections 609.109or, 90.13 609.342 to 609.3451, or 609.3453, involving a psychotherapist 90.14 and patient, evidence of the patient's personal or medical 90.15 history is not admissible except when: 90.16 (1) the accused requests a hearing at least three business 90.17 days prior to trial and makes an offer of proof of the relevancy 90.18 of the history; and 90.19 (2) the court finds that the history is relevant and that 90.20 the probative value of the history outweighs its prejudicial 90.21 value. 90.22 (b) The court shall allow the admission only of specific 90.23 information or examples of conduct of the victim that are 90.24 determined by the court to be relevant. The court's order shall 90.25 detail the information or conduct that is admissible and no 90.26 other evidence of the history may be introduced. 90.27 (c) Violation of the terms of the order is grounds for 90.28 mistrial but does not prevent the retrial of the accused. 90.29 Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 412 of the 90.30 Rules of Evidence is superseded to the extent of its conflict 90.31 with this section. 90.32 [EFFECTIVE DATE.] This section is effective August 1, 2005, 90.33 and applies to crimes committed on or after that date. 90.34 Sec. 11. Minnesota Statutes 2004, section 609.3471, is 90.35 amended to read: 90.36 609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY 91.1 CONFIDENTIAL.] 91.2 Notwithstanding any provision of law to the contrary, no 91.3 data contained in records or reports relating to petitions, 91.4 complaints, or indictments issued pursuant to section 609.342;, 91.5 609.343;, 609.344; or, 609.345, or 609.3453, which 91.6 specifically identifies a victim who is a minor shall be 91.7 accessible to the public, except by order of the court. Nothing 91.8 in this section authorizes denial of access to any other data 91.9 contained in the records or reports, including the identity of 91.10 the defendant. 91.11 [EFFECTIVE DATE.] This section is effective August 1, 2005, 91.12 and applies to crimes committed on or after that date. 91.13 Sec. 12. Minnesota Statutes 2004, section 609.348, is 91.14 amended to read: 91.15 609.348 [MEDICAL PURPOSES; EXCLUSION.] 91.16 Sections 609.109and, 609.342 to 609.3451, and 609.3453 do 91.17 not apply to sexual penetration or sexual contact when done for 91.18 a bona fide medical purpose. 91.19 [EFFECTIVE DATE.] This section is effective August 1, 2005, 91.20 and applies to crimes committed on or after that date. 91.21 Sec. 13. Minnesota Statutes 2004, section 609.353, is 91.22 amended to read: 91.23 609.353 [JURISDICTION.] 91.24 A violation or attempted violation of section 609.342, 91.25 609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be 91.26 prosecuted in any jurisdiction in which the violation originates 91.27 or terminates. 91.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 91.29 and applies to crimes committed on or after that date. 91.30 Sec. 14. Minnesota Statutes 2004, section 631.045, is 91.31 amended to read: 91.32 631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.] 91.33 At the trial of a complaint or indictment for a violation 91.34 of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246, 91.35 subdivision 2, when a minor under 18 years of age is the person 91.36 upon, with, or against whom the crime is alleged to have been 92.1 committed, the judge may exclude the public from the courtroom 92.2 during the victim's testimony or during all or part of the 92.3 remainder of the trial upon a showing that closure is necessary 92.4 to protect a witness or ensure fairness in the trial. The judge 92.5 shall give the prosecutor, defendant and members of the public 92.6 the opportunity to object to the closure before a closure order. 92.7 The judge shall specify the reasons for closure in an order 92.8 closing all or part of the trial. Upon closure the judge shall 92.9 only admit persons who have a direct interest in the case. 92.10 [EFFECTIVE DATE.] This section is effective August 1, 2005, 92.11 and applies to crimes committed on or after that date. 92.12 Sec. 15. [REVISOR INSTRUCTION.] 92.13 (a) The revisor of statutes shall renumber Minnesota 92.14 Statutes, section 609.3452, as Minnesota Statutes, section 92.15 609.3457, and correct cross-references. In addition, the 92.16 revisor shall delete the reference in Minnesota Statutes, 92.17 section 13.871, subdivision 3, paragraph (d), to Minnesota 92.18 Statutes, section 609.3452, and insert a reference to Minnesota 92.19 Statutes, section 609.3457. The revisor shall include a 92.20 notation in Minnesota Statutes to inform readers of the statutes 92.21 of the renumbering of Minnesota Statutes, section 609.3457. 92.22 (b) In addition to the specific changes described in 92.23 paragraph (a), the revisor of statutes shall make other 92.24 technical changes necessitated by this act. 92.25 ARTICLE 6 92.26 CONTROLLED SUBSTANCES PROVISIONS 92.27 Section 1. Minnesota Statutes 2004, section 152.01, 92.28 subdivision 10, is amended to read: 92.29 Subd. 10. [NARCOTIC DRUG.] "Narcotic drug" means any of 92.30 the following, whether produced directly or indirectly by 92.31 extraction from substances of vegetable origin, or independently 92.32 by means of chemical synthesis, or by a combination of 92.33 extraction and chemical synthesis: 92.34 (1) opium, coca leaves,andopiates, and methamphetamine; 92.35 (2) a compound, manufacture, salt, derivative, or 92.36 preparation of opium, coca leaves,oropiates, or 93.1 methamphetamine; 93.2 (3) a substance, and any compound, manufacture, salt, 93.3 derivative, or preparation thereof, which is chemically 93.4 identical with any of the substances referred to in clauses (1) 93.5 and (2), except that the words "narcotic drug" as used in this 93.6 chapter shall not include decocainized coca leaves or extracts 93.7 of coca leaves, which extracts do not contain cocaine or 93.8 ecgonine. 93.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 93.10 and applies to crimes committed on or after that date. 93.11 Sec. 2. Minnesota Statutes 2004, section 152.021, 93.12 subdivision 2a, is amended to read: 93.13 Subd. 2a. [METHAMPHETAMINE MANUFACTURECRIMESCRIME; 93.14 POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE 93.15 METHAMPHETAMINE CRIME.] (a) Notwithstanding subdivision 1, 93.16 sections 152.022, subdivision 1, 152.023, subdivision 1, and 93.17 152.024, subdivision 1, a person is guilty of controlled 93.18 substance crime in the first degree if the person manufactures 93.19 any amount of methamphetamine. 93.20 (b)Notwithstanding paragraph (a) and section 609.17,A 93.21 person is guilty ofattempted manufacture of methamphetaminea 93.22 crime if the person possesses any chemical reagents or 93.23 precursors with the intent to manufacture methamphetamine. As 93.24 used in this section, "chemical reagents or precursors"refers93.25to one or moreincludes any of the following substances, or any 93.26 similar substances that can be used to manufacture 93.27 methamphetamine, ortheirthe salts, isomers, and salts of 93.28 isomers of a listed or similar substance: 93.29 (1) ephedrine; 93.30 (2) pseudoephedrine; 93.31 (3) phenyl-2-propanone; 93.32 (4) phenylacetone; 93.33 (5) anhydrous ammonia, as defined in section 18C.005,93.34subdivision 1a; 93.35 (6) organic solvents; 93.36 (7) hydrochloric acid; 94.1 (8) lithium metal; 94.2 (9) sodium metal; 94.3 (10) ether; 94.4 (11) sulfuric acid; 94.5 (12) red phosphorus; 94.6 (13) iodine; 94.7 (14) sodium hydroxide; 94.8 (15) benzaldehyde; 94.9 (16) benzyl methyl ketone; 94.10 (17) benzyl cyanide; 94.11 (18) nitroethane; 94.12 (19) methylamine; 94.13 (20) phenylacetic acid; 94.14 (21) hydriodic acid; or 94.15 (22) hydriotic acid. 94.16 [EFFECTIVE DATE.] This section is effective August 1, 2005, 94.17 and applies to crimes committed on or after that date. 94.18 Sec. 3. Minnesota Statutes 2004, section 152.021, 94.19 subdivision 3, is amended to read: 94.20 Subd. 3. [PENALTY.] (a) A person convicted under 94.21 subdivisions 1 to 2a, paragraph (a), may be sentenced to 94.22 imprisonment for not more than 30 years or to payment of a fine 94.23 of not more than $1,000,000, or both; a person convicted under 94.24 subdivision 2a, paragraph (b), may be sentenced to imprisonment 94.25 for not more thanthreeten years or to payment of a fine of not 94.26 more than$5,000$20,000, or both. 94.27 (b) If the conviction is a subsequent controlled substance 94.28 conviction, a person convicted under subdivisions 1 to 2a, 94.29 paragraph (a), shall be committed to the commissioner of 94.30 corrections for not less than four years nor more than 40 years 94.31 and, in addition, may be sentenced to payment of a fine of not 94.32 more than $1,000,000; a person convicted under subdivision 2a, 94.33 paragraph (b), may be sentenced to imprisonment for not more 94.34 thanfour15 years or to payment of a fine of not more than 94.35$5,000$30,000, or both. 94.36 (c) In a prosecution under subdivision 1 involving sales by 95.1 the same person in two or more counties within a 90-day period, 95.2 the person may be prosecuted for all of the sales in any county 95.3 in which one of the sales occurred. 95.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 95.5 and applies to crimes committed on or after that date. 95.6 Sec. 4. [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES; 95.7 RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.] 95.8 Subdivision 1. [RESTITUTION.] (a) As used in this 95.9 subdivision: 95.10 (1) "clandestine lab site" means any structure or 95.11 conveyance or outdoor location occupied or affected by 95.12 conditions or chemicals typically associated with the 95.13 manufacturing of methamphetamine; 95.14 (2) "emergency response" includes, but is not limited to, 95.15 removing and collecting evidence, securing the site, removal, 95.16 remediation, and hazardous chemical assessment or inspection of 95.17 the site where the relevant offense or offenses took place, 95.18 regardless of whether these actions are performed by the public 95.19 entities themselves or by private contractors paid by the public 95.20 entities, or the property owner; 95.21 (3) "remediation" means proper cleanup, treatment, or 95.22 containment of hazardous substances or methamphetamine at or in 95.23 a clandestine lab site, and may include demolition or disposal 95.24 of structures or other property when an assessment so indicates; 95.25 and 95.26 (4) "removal" means the removal from the clandestine lab 95.27 site of precursor or waste chemicals, chemical containers, or 95.28 equipment associated with the manufacture, packaging, or storage 95.29 of illegal drugs. 95.30 (b) A court may require a person convicted of manufacturing 95.31 or attempting to manufacture a controlled substance or of an 95.32 illegal activity involving a precursor substance, where the 95.33 response to the crime involved an emergency response, to pay 95.34 restitution to all public entities that participated in the 95.35 response. The restitution ordered may cover the reasonable 95.36 costs of their participation in the response. 96.1 (c) In addition to the restitution authorized in paragraph 96.2 (b), a court may require a person convicted of manufacturing or 96.3 attempting to manufacture a controlled substance or of illegal 96.4 activity involving a precursor substance to pay restitution to a 96.5 property owner who incurred removal or remediation costs because 96.6 of the crime. 96.7 Subd. 2. [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB 96.8 SITE.] (a) As used in this subdivision: 96.9 (1) "clandestine lab site" has the meaning given in 96.10 subdivision 1, paragraph (a); 96.11 (2) "property" means publicly or privately owned real 96.12 property including buildings and other structures, motor 96.13 vehicles as defined in section 609.487, subdivision 2a, public 96.14 waters, and public rights-of-way; 96.15 (3) "remediation" has the meaning given in subdivision 1, 96.16 paragraph (a); and 96.17 (4) "removal" has the meaning given in subdivision 1, 96.18 paragraph (a). 96.19 (b) A peace officer who arrests a person at a clandestine 96.20 lab site shall notify the appropriate county or local health 96.21 department, state duty officer, and child protection services of 96.22 the arrest and the location of the site. 96.23 (c) A county or local health department or sheriff shall 96.24 order that any property or portion of a property that has been 96.25 found to be a clandestine lab site and contaminated by 96.26 substances, chemicals, or items of any kind used in the 96.27 manufacture of methamphetamine or any part of the manufacturing 96.28 process, or the by-products or degradates of manufacturing 96.29 methamphetamine be prohibited from being occupied or used until 96.30 it has been assessed and remediated as provided in the 96.31 Department of Health's clandestine drug labs general cleanup 96.32 guidelines. The remediation shall be accomplished by a 96.33 contractor who will make the verification required under 96.34 paragraph (e). 96.35 (d) Unless clearly inapplicable, the procedures specified 96.36 in chapter 145A and any related rules adopted under that chapter 97.1 addressing the enforcement of public health laws, the removal 97.2 and abatement of public health nuisances, and the remedies 97.3 available to property owners or occupants apply to this 97.4 subdivision. 97.5 (e) Upon the proper removal and remediation of any property 97.6 used as a clandestine lab site, the contractor shall verify to 97.7 the applicable authority that issued the order under paragraph 97.8 (c) that the work was completed according to the Department of 97.9 Health's clandestine drug labs general cleanup guidelines and 97.10 best practices and that levels of contamination have been 97.11 reduced to levels set forth in the guidelines. The contractor 97.12 shall provide the verification to the property owner and the 97.13 applicable authority within five days from the completion of the 97.14 remediation. Following this, the applicable authority shall 97.15 vacate its order. 97.16 (f) If a contractor issues a verification and the property 97.17 was not remediated according to the Department of Health's 97.18 clandestine drug labs general cleanup guidelines or the levels 97.19 of contamination were not reduced to levels set forth in the 97.20 guidelines, the contractor is liable to the property owner for 97.21 the additional costs relating to the proper remediation of the 97.22 property according to the guidelines and reducing the levels of 97.23 contamination to levels set in the guidelines and for reasonable 97.24 attorney fees for collection of costs by the property owner. An 97.25 action under this paragraph must be commenced within six years 97.26 from the date on which the verification was issued by the 97.27 contractor. 97.28 (g) If the applicable authority determines under paragraph 97.29 (c) that a motor vehicle has been contaminated by substances, 97.30 chemicals, or items of any kind used in the manufacture of 97.31 methamphetamine or any part of the manufacturing process, or the 97.32 by-products or degradates of manufacturing methamphetamine and 97.33 if the authority is able to obtain the certificate of title for 97.34 the motor vehicle, the authority shall notify the registrar of 97.35 motor vehicles of this fact and in addition, forward the 97.36 certificate of title to the registrar. The authority shall also 98.1 notify the registrar when it vacates its order under paragraph 98.2 (e). 98.3 (h) The applicable authority issuing an order under 98.4 paragraph (c) shall record with the county recorder or registrar 98.5 of titles of the county where the clandestine lab is located an 98.6 affidavit containing the name of the owner, a legal description 98.7 of the property where the clandestine lab was located, and a map 98.8 drawn from available information showing the boundary of the 98.9 property and the location of the contaminated area on the 98.10 property that is prohibited from being occupied or used that 98.11 discloses to any potential transferee: 98.12 (1) that the property, or a portion of the property, was 98.13 the site of a clandestine lab; 98.14 (2) the location, condition, and circumstances of the 98.15 clandestine lab, to the full extent known or reasonably 98.16 ascertainable; and 98.17 (3) that the use of the property or some portion of it may 98.18 be restricted as provided by paragraph (c). 98.19 If an inaccurate drawing or description is filed, the authority, 98.20 on request of the owner or another interested person, shall file 98.21 a supplemental affidavit with a corrected drawing or description. 98.22 If the authority vacates its order under paragraph (e), the 98.23 authority shall record an affidavit that contains the recording 98.24 information of the affidavit and states that the order is 98.25 vacated. Upon filing the affidavit vacating the order, the 98.26 affidavit and the affidavit filed under this paragraph, together 98.27 with the information set forth in the affidavits, cease to 98.28 constitute either actual or constructive notice. 98.29 (i) If proper removal and remediation has occurred on the 98.30 property, an interested party may record an affidavit indicating 98.31 that this has occurred. Upon filing the affidavit described in 98.32 this paragraph, the affidavit and the affidavit filed under 98.33 paragraph (h), together with the information set forth in the 98.34 affidavits, cease to constitute either actual or constructive 98.35 notice. Failure to record an affidavit under this section does 98.36 not affect or prevent any transfer of ownership of the property. 99.1 (j) The county recorder or registrar of titles must record 99.2 all affidavits presented under paragraph (h) or (i) in a manner 99.3 that assures their disclosure in the ordinary course of a title 99.4 search of the subject property. 99.5 (k) The commissioner of health shall post on the Internet 99.6 contact information for each local community health services 99.7 administrator. 99.8 (l) Each local community health services administrator 99.9 shall maintain information related to property within the 99.10 administrator's jurisdiction that is currently or was previously 99.11 subject to an order issued under paragraph (c). The information 99.12 maintained must include the name of the owner, the location of 99.13 the property, the extent of the contamination, the status of the 99.14 removal and remediation work on the property, and whether the 99.15 order has been vacated. The administrator shall make this 99.16 information available to the public either upon request or by 99.17 other means. 99.18 (m) Before signing an agreement to sell or transfer real 99.19 property, the seller or transferor must disclose in writing to 99.20 the buyer or transferee if, to the seller's or transferor's 99.21 knowledge, methamphetamine production has occurred on the 99.22 property. If methamphetamine production has occurred on the 99.23 property, the disclosure shall include a statement to the buyer 99.24 or transferee informing the buyer or transferee: 99.25 (1) whether an order has been issued on the property as 99.26 described in paragraph (c); 99.27 (2) whether any orders issued against the property under 99.28 paragraph (c) have been vacated under paragraph (i); or 99.29 (3) if there was no order issued against the property and 99.30 the seller or transferor is aware that methamphetamine 99.31 production has occurred on the property, the status of removal 99.32 and remediation on the property. 99.33 (n) Unless the buyer or transferee and seller or transferor 99.34 agree to the contrary in writing before the closing of the sale, 99.35 a seller or transferor who fails to disclose, to the best of 99.36 their knowledge, at the time of sale any of the facts required, 100.1 and who knew or had reason to know of methamphetamine production 100.2 on the property, is liable to the buyer or transferee for: 100.3 (1) costs relating to remediation of the property according 100.4 to the Department of Health's clandestine drug labs general 100.5 cleanup guidelines and best practices so that contamination is 100.6 reduced to levels set forth in the guidelines; and 100.7 (2) reasonable attorney fees for collection of costs from 100.8 the seller or transferor. 100.9 An action under this paragraph must be commenced within six 100.10 years after the date on which the buyer or transferee closed the 100.11 purchase or transfer of the real property where the 100.12 methamphetamine production occurred. 100.13 [EFFECTIVE DATE.] This section is effective January 1, 100.14 2006, and applies to crimes committed on or after that date. 100.15 Sec. 5. [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT; 100.16 CRIMINAL PENALTIES; CIVIL LIABILITY.] 100.17 Subdivision 1. [DEFINITIONS.] As used in this section, 100.18 "tamper" means action taken by a person not authorized to take 100.19 that action by law or by the owner or authorized custodian of an 100.20 anhydrous ammonia container or of equipment where anhydrous 100.21 ammonia is used, stored, distributed, or transported. 100.22 Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not: 100.23 (1) steal or unlawfully take or carry away any amount of 100.24 anhydrous ammonia; 100.25 (2) purchase, possess, transfer, or distribute any amount 100.26 of anhydrous ammonia, knowing, or having reason to know, that it 100.27 will be used to unlawfully manufacture a controlled substance; 100.28 (3) place, have placed, or possess anhydrous ammonia in a 100.29 container that is not designed, constructed, maintained, and 100.30 authorized to contain or transport anhydrous ammonia; 100.31 (4) transport anhydrous ammonia in a container that is not 100.32 designed, constructed, maintained, and authorized to transport 100.33 anhydrous ammonia; 100.34 (5) use, deliver, receive, sell, or transport a container 100.35 designed and constructed to contain anhydrous ammonia without 100.36 the express consent of the owner or authorized custodian of the 101.1 container; or 101.2 (6) tamper with any equipment or facility used to contain, 101.3 store, or transport anhydrous ammonia. 101.4 (b) For the purposes of this subdivision, containers 101.5 designed and constructed for the storage and transport of 101.6 anhydrous ammonia are described in rules adopted under section 101.7 18C.121, subdivision 1, or in Code of Federal Regulations, title 101.8 49. 101.9 Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in 101.10 paragraph (b), a person tampering with anhydrous ammonia 101.11 containers or equipment under subdivision 2 shall have no cause 101.12 of action for damages arising out of the tampering against: 101.13 (1) the owner or lawful custodian of the container or 101.14 equipment; 101.15 (2) a person responsible for the installation or 101.16 maintenance of the container or equipment; or 101.17 (3) a person lawfully selling or offering for sale the 101.18 anhydrous ammonia. 101.19 (b) Paragraph (a) does not apply to a cause of action 101.20 against a person who unlawfully obtained the anhydrous ammonia 101.21 or anhydrous ammonia container or who possesses the anhydrous 101.22 ammonia or anhydrous ammonia container for any unlawful purpose. 101.23 Subd. 4. [CRIMINAL PENALTY.] A person who knowingly 101.24 violates subdivision 2 is guilty of a felony and may be 101.25 sentenced to imprisonment for not more than five years or to 101.26 payment of a fine of not more than $50,000, or both. 101.27 [EFFECTIVE DATE.] This section is effective August 1, 2005, 101.28 and applies to crimes committed on or after that date. 101.29 Sec. 6. [152.137] [METHAMPHETAMINE-RELATED CRIMES 101.30 INVOLVING CHILDREN AND VULNERABLE ADULTS.] 101.31 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 101.32 the following terms have the meanings given. 101.33 (b) "Chemical substance" means a substance intended to be 101.34 used as a precursor in the manufacture of methamphetamine or any 101.35 other chemical intended to be used in the manufacture of 101.36 methamphetamine. 102.1 (c) "Child" means any person under the age of 18 years. 102.2 (d) "Methamphetamine paraphernalia" means all equipment, 102.3 products, and materials of any kind that are used, intended for 102.4 use, or designed for use in manufacturing, injecting, ingesting, 102.5 inhaling, or otherwise introducing methamphetamine into the 102.6 human body. 102.7 (e) "Methamphetamine waste products" means substances, 102.8 chemicals, or items of any kind used in the manufacture of 102.9 methamphetamine or any part of the manufacturing process, or the 102.10 by-products or degradates of manufacturing methamphetamine. 102.11 (f) "Vulnerable adult" has the meaning given in section 102.12 609.232, subdivision 11. 102.13 Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly 102.14 engage in any of the following activities in the presence of a 102.15 child or vulnerable adult; in the residence of a child or a 102.16 vulnerable adult; in a building, structure, conveyance, or 102.17 outdoor location where a child or vulnerable adult might 102.18 reasonably be expected to be present; in a room offered to the 102.19 public for overnight accommodation; or in any multiple unit 102.20 residential building: 102.21 (1) manufacturing or attempting to manufacture 102.22 methamphetamine; 102.23 (2) storing any chemical substance; 102.24 (3) storing any methamphetamine waste products; or 102.25 (4) storing any methamphetamine paraphernalia. 102.26 (b) No person may knowingly cause or permit a child or 102.27 vulnerable adult to inhale, be exposed to, have contact with, or 102.28 ingest methamphetamine, a chemical substance, or methamphetamine 102.29 paraphernalia. 102.30 Subd. 3. [CRIMINAL PENALTY.] A person who violates 102.31 subdivision 2 is guilty of a felony and may be sentenced to 102.32 imprisonment for not more than five years or to payment of a 102.33 fine of not more than $10,000, or both. 102.34 Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections 102.35 609.035 and 609.04, a prosecution for or conviction under this 102.36 section is not a bar to conviction of or punishment for any 103.1 other crime committed by the defendant as part of the same 103.2 conduct. 103.3 Subd. 5. [PROTECTIVE CUSTODY.] A peace officer may take 103.4 any child present in an area where any of the activities 103.5 described in subdivision 2, paragraph (a), clauses (1) to (4), 103.6 are taking place into protective custody in accordance with 103.7 section 260C.175, subdivision 1, paragraph (b), clause (2). A 103.8 child taken into protective custody under this subdivision shall 103.9 be provided health screening to assess potential health concerns 103.10 related to methamphetamine as provided in section 260C.188. A 103.11 child not taken into protective custody under this subdivision 103.12 but who is known to have been exposed to methamphetamine shall 103.13 be offered health screening for potential health concerns 103.14 related to methamphetamine as provided in section 260C.188. 103.15 Subd. 6. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a) 103.16 A peace officer shall make a report of suspected maltreatment of 103.17 a vulnerable adult if the vulnerable adult is present in an area 103.18 where any of the activities described in subdivision 2, 103.19 paragraph (a), clauses (1) to (4), are taking place, and the 103.20 peace officer has reason to believe the vulnerable adult 103.21 inhaled, was exposed to, had contact with, or ingested 103.22 methamphetamine, a chemical substance, or methamphetamine 103.23 paraphernalia. The peace officer shall immediately report to 103.24 the county common entry point as described in section 626.557, 103.25 subdivision 9b. 103.26 (b) As required in section 626.557, subdivision 9b, law 103.27 enforcement is the primary agency to conduct investigations of 103.28 any incident when there is reason to believe a crime has been 103.29 committed. Law enforcement shall initiate a response 103.30 immediately. If the common entry point notified a county agency 103.31 for adult protective services, law enforcement shall cooperate 103.32 with that county agency when both agencies are involved and 103.33 shall exchange data to the extent authorized in section 626.557, 103.34 subdivision 12b, paragraph (g). County adult protection shall 103.35 initiate a response immediately. 103.36 (c) The county social services agency shall immediately 104.1 respond as required in section 626.557, subdivision 10, upon 104.2 receipt of a report from the common entry point staff. 104.3 [EFFECTIVE DATE.] This section is effective August 1, 2005, 104.4 and applies to crimes committed on or after that date. 104.5 Sec. 7. [152.139] [DISPOSING OF METHAMPHETAMINE WASTE 104.6 PRODUCTS; CRIME.] 104.7 Subdivision 1. [DEFINITIONS.] As used in this section: 104.8 (1) "chemical substance" means a substance intended to be 104.9 used as a precursor in the manufacture of methamphetamine or any 104.10 other chemical intended to be used in the manufacture of 104.11 methamphetamine; and 104.12 (2) "methamphetamine waste product" means a substance, 104.13 chemical, or item of any kind used in the manufacture or 104.14 attempted manufacture of methamphetamine or any part of the 104.15 manufacturing process, or the by-product or degradate of 104.16 manufacturing or attempting to manufacture methamphetamine. 104.17 Subd. 2. [CRIMES DESCRIBED; PENALTIES.] (a) Except as 104.18 provided in paragraph (b), a person who knowingly disposes of or 104.19 abandons any methamphetamine waste product or chemical substance 104.20 is guilty of a felony and may be sentenced to imprisonment for 104.21 not more than five years or to payment of a fine of not more 104.22 than $50,000, or both. 104.23 (b) A person who knowingly disposes of or abandons any 104.24 methamphetamine waste product or chemical substance in a manner 104.25 that places another person in imminent danger of death, great 104.26 bodily harm, or substantial bodily harm, is guilty of a felony 104.27 and may be sentenced to imprisonment for not more than ten years 104.28 or to payment of a fine of not more than $100,000, or both. 104.29 Subd. 3. [EXCEPTION.] This section does not apply to: 104.30 (1) a peace officer acting in the course of the officer's 104.31 employment; or 104.32 (2) a person who lawfully disposes of any product or 104.33 substance in a manner approved by the Pollution Control Agency. 104.34 [EFFECTIVE DATE.] This section is effective August 1, 2005, 104.35 and applies to crimes committed on or after that date. 104.36 Sec. 8. Minnesota Statutes 2004, section 168A.05, 105.1 subdivision 3, is amended to read: 105.2 Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of 105.3 title issued by the department shall contain: 105.4 (1) the date issued; 105.5 (2) the first, middle, and last names, the dates of birth, 105.6 and addresses of all owners who are natural persons, the full 105.7 names and addresses of all other owners; 105.8 (3) the names and addresses of any secured parties in the 105.9 order of priority as shown on the application, or if the 105.10 application is based on a certificate of title, as shown on the 105.11 certificate, or as otherwise determined by the department; 105.12 (4) any liens filed pursuant to a court order or by a 105.13 public agency responsible for child support enforcement against 105.14 the owner; 105.15 (5) the title number assigned to the vehicle; 105.16 (6) a description of the vehicle including, so far as the 105.17 following data exists, its make, model, year, identifying 105.18 number, type of body, whether new or used, and if a new vehicle, 105.19 the date of the first sale of the vehicle for use; 105.20 (7) with respect to motor vehicles subject to the 105.21 provisions of section 325E.15, the true cumulative mileage 105.22 registered on the odometer or that the actual mileage is unknown 105.23 if the odometer reading is known by the owner to be different 105.24 from the true mileage; 105.25 (8) with respect to vehicles subject to sections 325F.6641 105.26 and 325F.6642, the appropriate term "flood damaged," "rebuilt," 105.27 "prior salvage," or "reconstructed";and105.28 (9) with respect to a vehicle contaminated by 105.29 methamphetamine production, if the registrar has received the 105.30 certificate of title and notice described in section 152.0275, 105.31 subdivision 2, paragraph (g), the term "hazardous waste 105.32 contaminated vehicle"; and 105.33 (10) any other data the department prescribes. 105.34 [EFFECTIVE DATE.] This section is effective August 1, 2005. 105.35 Sec. 9. [244.055] [CONDITIONAL RELEASE OF NONVIOLENT 105.36 CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.] 106.1 Subdivision 1. [CONDITIONAL RELEASE AUTHORITY.] The 106.2 commissioner of corrections has the authority to release 106.3 offenders committed to the commissioner's custody who meet the 106.4 requirements of this section and of any rules adopted by the 106.5 commissioner. 106.6 Subd. 2. [CONDITIONAL RELEASE OF CERTAIN NONVIOLENT 106.7 CONTROLLED SUBSTANCE OFFENDERS.] An offender who has been 106.8 committed to the commissioner's custody may petition the 106.9 commissioner for conditional release from prison before the 106.10 offender's scheduled supervised release date or target release 106.11 date if: 106.12 (1) the offender is serving a sentence for violating 106.13 section 152.021, 152.022, 152.023, 152.024, or 152.025; 106.14 (2) the offender committed the crime as a result of a 106.15 controlled substance addiction, and not primarily for profit; 106.16 (3) the offender has served at least 36 months or one-half 106.17 of the offender's term of imprisonment, whichever is less; 106.18 (4) the offender successfully completed a chemical 106.19 dependency treatment program while in prison; and 106.20 (5) the offender has not previously been conditionally 106.21 released under this section. 106.22 Subd. 3. [OFFER OF CHEMICAL DEPENDENCY TREATMENT.] The 106.23 commissioner shall offer all offenders meeting the criteria 106.24 described in subdivision 2, clauses (1) and (2), the opportunity 106.25 to begin a suitable chemical dependency treatment program within 106.26 120 days after the offender's term of imprisonment begins. 106.27 Subd. 4. [RELEASE PROCEDURES.] The commissioner may not 106.28 grant conditional release to an offender under this section 106.29 unless the commissioner determines that the offender's release 106.30 will not pose a danger to the public or an individual. In 106.31 making this determination, the commissioner shall follow the 106.32 procedures contained in section 244.05, subdivision 5, and the 106.33 rules adopted by the commissioner under that subdivision. The 106.34 commissioner shall also consider the offender's custody 106.35 classification and level of risk of violence and the 106.36 availability of appropriate community supervision for the 107.1 offender. Conditional release granted under this section 107.2 continues until the offender's sentence expires, unless release 107.3 is rescinded under subdivision 5. 107.4 Subd. 5. [CONDITIONAL RELEASE.] The conditions of release 107.5 granted under this section are governed by the statutes and 107.6 rules governing supervised release under this chapter, except 107.7 that release may be rescinded without hearing by the 107.8 commissioner if the commissioner determines that continuation of 107.9 the conditional release poses a danger to the public or to an 107.10 individual. If the commissioner rescinds an offender's 107.11 conditional release, the offender shall be returned to prison 107.12 and shall serve the remaining portion of the offender's sentence. 107.13 Subd. 6. [OFFENDERS SERVING OTHER SENTENCES.] An offender 107.14 who is serving both a sentence for an offense described in 107.15 subdivision 2 and an offense not described in subdivision 2, is 107.16 not eligible for release under this section unless the offender 107.17 has completed the offender's full term of imprisonment for the 107.18 other offense. 107.19 [EFFECTIVE DATE.] This section is effective July 1, 2005, 107.20 and applies to persons in prison on or after that date. 107.21 Sec. 10. Minnesota Statutes 2004, section 260C.171, is 107.22 amended by adding a subdivision to read: 107.23 Subd. 6. [NOTICE TO SCHOOL.] (a) As used in this 107.24 subdivision, the following terms have the meanings given. 107.25 "Chemical substance," "methamphetamine paraphernalia," and 107.26 "methamphetamine waste products" have the meanings given in 107.27 section 152.137, subdivision 1. "School" means a charter school 107.28 or a school as defined in section 120A.22, subdivision 4, except 107.29 a home school. 107.30 (b) If a child has been taken into protective custody after 107.31 being found in an area where methamphetamine was being 107.32 manufactured or attempted to be manufactured or where any 107.33 chemical substances, methamphetamine paraphernalia, or 107.34 methamphetamine waste products were stored, and the child is 107.35 enrolled in school, the officer who took the child into custody 107.36 shall notify the chief administrative officer of the child's 108.1 school of this fact. 108.2 [EFFECTIVE DATE.] This section is effective August 1, 2005, 108.3 and applies to acts occurring on or after that date. 108.4 Sec. 11. [299C.90] [CITIZEN REPORTS OF METHAMPHETAMINE 108.5 VIOLATIONS.] 108.6 The superintendent of the Bureau of Criminal Apprehension 108.7 shall maintain and publicize a toll-free telephone number to 108.8 enable citizens to report information about potential 108.9 methamphetamine violations, including, but not limited to, 108.10 illicit methamphetamine laboratories. The agency shall take 108.11 appropriate steps after receiving a citizen report after 108.12 considering the nature and trustworthiness of the information 108.13 reported, including, but not limited to, contacting the 108.14 appropriate law enforcement agency. 108.15 [EFFECTIVE DATE.] This section is effective July 1, 2005. 108.16 Sec. 12. Minnesota Statutes 2004, section 609.1095, 108.17 subdivision 1, is amended to read: 108.18 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 108.19 the following terms have the meanings given. 108.20 (b) "Conviction" means any of the following accepted and 108.21 recorded by the court: a plea of guilty, a verdict of guilty by 108.22 a jury, or a finding of guilty by the court. The term includes 108.23 a conviction by any court in Minnesota or another jurisdiction. 108.24 (c) "Prior conviction" means a conviction that occurred 108.25 before the offender committed the next felony resulting in a 108.26 conviction and before the offense for which the offender is 108.27 being sentenced under this section. 108.28 (d) "Violent crime" means a violation of or an attempt or 108.29 conspiracy to violate any of the following laws of this state or 108.30 any similar laws of the United States or any other state: 108.31sectionsections 152.137; 609.165; 609.185; 609.19; 609.195; 108.32 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228; 108.33 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 108.34 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 108.35 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 108.36 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 109.1 1e; 609.687; and 609.855, subdivision 5; any provision of 109.2 sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is 109.3 punishable by a felony penalty; or any provision of chapter 152 109.4 that is punishable by a maximum sentence of 15 years or more. 109.5 [EFFECTIVE DATE.] This section is effective August 1, 2005, 109.6 and applies to crimes committed on or after that date. 109.7 Sec. 13. Minnesota Statutes 2004, section 617.81, is 109.8 amended by adding a subdivision to read: 109.9 Subd. 2b. [EXCEPTION; NUISANCES INVOLVING METHAMPHETAMINE 109.10 MANUFACTURE.] Notwithstanding subdivision 2, for purposes of 109.11 sections 617.80 to 617.87, a public nuisance exists upon proof 109.12 of one or more behavioral incidents involving the manufacturing 109.13 or attempted manufacture of methamphetamine in the previous 12 109.14 months within the building. The requirement of two or more 109.15 behavioral incidents in subdivision 2, paragraph (b), does not 109.16 apply to incidents involving the manufacturing or attempted 109.17 manufacture of methamphetamine. 109.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 109.19 and applies to acts committed on or after that date. 109.20 Sec. 14. Minnesota Statutes 2004, section 617.81, 109.21 subdivision 4, is amended to read: 109.22 Subd. 4. [NOTICE.] (a) If a prosecuting attorney has 109.23 reason to believe that a nuisance is maintained or permitted in 109.24 the jurisdiction the prosecuting attorney serves, and intends to 109.25 seek abatement of the nuisance, the prosecuting attorney shall 109.26 provide the written notice described in paragraph (b), by 109.27 personal service or certified mail, return receipt requested, to 109.28 the owner and all interested parties known to the prosecuting 109.29 attorney. 109.30 (b) The written notice must: 109.31 (1) state that a nuisance as defined in subdivision 2 is 109.32 maintained or permitted in the building and must specify the 109.33 kind or kinds of nuisance being maintained or permitted; 109.34 (2) summarize the evidence that a nuisance is maintained or 109.35 permitted in the building, including the date or dates on which 109.36 nuisance-related activity or activities are alleged to have 110.1 occurred; 110.2 (3) inform the recipient that failure to abate the conduct 110.3 constituting the nuisance or to otherwise resolve the matter 110.4 with the prosecuting attorney within 30 days of service of the 110.5 notice may result in the filing of a complaint for relief in 110.6 district court that could, among other remedies, result in 110.7 enjoining the use of the building for any purpose for one year 110.8 or, in the case of a tenant, could result in cancellation of the 110.9 lease; and 110.10 (4) inform the owner of the options available under section 110.11 617.85. 110.12 [EFFECTIVE DATE.] This section is effective August 1, 2005, 110.13 and applies to acts committed on or after that date. 110.14 Sec. 15. Minnesota Statutes 2004, section 617.85, is 110.15 amended to read: 110.16 617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 110.17 Where notice is provided under section 617.81, subdivision 110.18 4, that an abatement of a nuisance is sought and the 110.19 circumstances that are the basis for the requested abatement 110.20 involved the acts of a commercial or residential tenant or 110.21 lessee of part or all of a building, the owner of the building 110.22 that is subject to the abatement proceeding may file before the 110.23 court that has jurisdiction over the abatement proceeding a 110.24 motion to cancel the lease or otherwise secure restitution of 110.25 the premises from the tenant or lessee who has maintained or 110.26 conducted the nuisance. The owner may assign to the prosecuting 110.27 attorney the right to file this motion. In addition to the 110.28 grounds provided in chapter 566, the maintaining or conducting 110.29 of a nuisance as defined in section 617.81, subdivision 2, by a 110.30 tenant or lessee, is an additional ground authorized by law for 110.31 seeking the cancellation of a lease or the restitution of the 110.32 premises. Service of motion brought under this section must be 110.33 served in a manner that is sufficient under the Rules of Civil 110.34 Procedure and chapter 566. 110.35 It is no defense to a motion under this section by the 110.36 owner or the prosecuting attorney that the lease or other 111.1 agreement controlling the tenancy or leasehold does not provide 111.2 for eviction or cancellation of the lease upon the ground 111.3 provided in this section. 111.4 Upon a finding by the court that the tenant or lessee has 111.5 maintained or conducted a nuisance in any portion of the 111.6 building, the court shall order cancellation of the lease or 111.7 tenancy and grant restitution of the premises to the owner. The 111.8 court must not order abatement of the premises if the court: 111.9 (a) cancels a lease or tenancy and grants restitution of 111.10 that portion of the premises to the owner; and 111.11 (b) further finds that the act or acts constituting the 111.12 nuisance as defined in section 617.81, subdivision 2, were 111.13 committed by the tenant or lessee whose lease or tenancy has 111.14 been canceled pursuant to this section and the tenant or lessee 111.15 was not committing the act or acts in conjunction with or under 111.16 the control of the owner. 111.17 [EFFECTIVE DATE.] This section is effective August 1, 2005, 111.18 and applies to acts committed on or after that date. 111.19 Sec. 16. [BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR 111.20 ANIMAL PRODUCTS.] 111.21 The Board of Veterinary Medicine shall study and issue a 111.22 report on animal products that may be used in the manufacture of 111.23 methamphetamine. The report must include proposals for 111.24 restricting access to such products only to legitimate users, 111.25 specifically addressing the manufacturing, wholesaling, 111.26 distributing, and retailing of precursor veterinary products. 111.27 The board shall report its findings to the chairs and ranking 111.28 minority members of the senate and house committees having 111.29 jurisdiction over criminal justice and veterinary policy by 111.30 February 1, 2006. 111.31 [EFFECTIVE DATE.] This section is effective the day 111.32 following final enactment. 111.33 Sec. 17. [REVISOR'S INSTRUCTION.] 111.34 The revisor of statutes shall recodify the provisions of 111.35 Minnesota Statutes, section 152.021, subdivision 2a, paragraph 111.36 (b), and subdivision 3, as amended by this article, that relate 112.1 to the possession of chemical reagents or precursors with the 112.2 intent to manufacture methamphetamine and the penalties for 112.3 doing this into a new section of law codified as Minnesota 112.4 Statutes, section 152.0262. The revisor shall make any 112.5 necessary technical changes, including, but not limited to, 112.6 changes to statutory cross-references, to Minnesota Statutes, 112.7 section 152.021, and any other statutory sections to accomplish 112.8 this. 112.9 Sec. 18. [REPEALER.] 112.10 Minnesota Statutes 2004, sections 18C.005, subdivisions 1a 112.11 and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision 112.12 5, are repealed. 112.13 [EFFECTIVE DATE.] This section is effective August 1, 2005, 112.14 and applies to crimes committed on or after that date. 112.15 ARTICLE 7 112.16 GENERAL CRIME PROVISIONS 112.17 Section 1. Minnesota Statutes 2004, section 244.10, is 112.18 amended by adding a subdivision to read: 112.19 Subd. 4. [PROOF OF AGGRAVATING FACTORS.] The court shall 112.20 allow a prosecutor seeking to prove the existence of an 112.21 aggravating factor justifying an upward departure under the 112.22 Sentencing Guidelines the opportunity to prove this to the fact 112.23 finder. The prosecutor shall provide reasonable notice to the 112.24 defendant and the court of the prosecutor's intent to seek an 112.25 upward departure and the aggravating factor on which the 112.26 prosecutor intends to rely. Upon reasonable notice, the court 112.27 shall allow the prosecutor the opportunity to prove the 112.28 aggravating factor either in a unitary or bifurcated trial. 112.29 [EFFECTIVE DATE.] This section is effective the day 112.30 following final enactment and applies to sentencing departures 112.31 sought on or after that date. 112.32 Sec. 2. [325F.696] [DEFINITIONS.] 112.33 Subdivision 1. [SCOPE.] For the purposes of sections 112.34 325F.696 to 325F.699, the terms in this section have the 112.35 meanings given them. 112.36 Subd. 2. [COMMERCIAL ELECTRONIC MAIL MESSAGE.] "Commercial 113.1 electronic mail message" means any electronic mail message, the 113.2 primary purpose of which is the commercial advertisement or 113.3 promotion of a commercial product or service, including content 113.4 on an Internet Web site operated for a commercial purpose, but 113.5 does not include a transactional or relationship message. The 113.6 inclusion of a reference to a commercial entity or a link to the 113.7 Web site of a commercial entity does not, by itself, cause that 113.8 message to be treated as a commercial electronic mail message 113.9 for the purpose of this section if the contents or circumstances 113.10 of the message indicate a primary purpose other than commercial 113.11 advertisement or promotion of a commercial product or service. 113.12 Subd. 3. [COMPUTER.] "Computer" means an electronic device 113.13 that performs logical, arithmetic, and memory functions by the 113.14 manipulation of electronic or magnetic impulses. Computer 113.15 includes, but is not limited to, all input, output, processing, 113.16 storage, computer program, or communication facilities that are 113.17 connected or related in a computer system or network to an 113.18 electronic device of that nature. 113.19 Subd. 4. [COMPUTER NETWORK.] "Computer network" means a 113.20 set of related and remotely connected computers and 113.21 communication facilities that includes more than one computer 113.22 system that has the capability to transmit among the connected 113.23 computers and communication facilities through the use of 113.24 computer facilities. 113.25 Subd. 5. [COMPUTER SYSTEM.] "Computer system" means a 113.26 computer and related devices, whether connected or unconnected, 113.27 including, but not limited to, data input, output, and storage 113.28 devices, data communication links, and computer programs and 113.29 data that make the system capable of performing specified 113.30 special purpose data processing tasks. 113.31 Subd. 6. [DOMAIN NAME.] "Domain name" means any 113.32 alphanumeric designation that is registered with or assigned by 113.33 any domain name registrar, domain name registry, or other domain 113.34 name registration authority as part of an electronic address on 113.35 the Internet. 113.36 Subd. 7. [ELECTRONIC MAIL.] "Electronic mail" means an 114.1 electronic message that is transmitted between two or more 114.2 telecommunications devices or electronic devices capable of 114.3 receiving electronic messages, whether or not the message is 114.4 converted to hard copy format after receipt, and whether or not 114.5 the message is viewed upon the transmission or stored for later 114.6 retrieval. "Electronic mail" includes electronic messages that 114.7 are transmitted through a local, regional, or global computer 114.8 network. 114.9 Subd. 8. [ORIGINATING ADDRESS.] "Originating address" 114.10 means the string of characters used to specify the source of any 114.11 electronic mail message. 114.12 Subd. 9. [RECEIVING ADDRESS.] "Receiving address" means 114.13 the string of characters used to specify a recipient with each 114.14 receiving address creating a unique and separate recipient. 114.15 Subd. 10. [ELECTRONIC MAIL MESSAGE.] "Electronic mail 114.16 message" means each electronic mail message addressed to a 114.17 discrete addressee. 114.18 Subd. 11. [ELECTRONIC MAIL SERVICE PROVIDER.] "Electronic 114.19 mail service provider" means any person, including an Internet 114.20 service provider, that is an intermediary in sending and 114.21 receiving electronic mail and that provides to the public 114.22 electronic mail accounts or online user accounts from which 114.23 electronic mail may be sent. 114.24 Subd. 12. [HEADER INFORMATION.] "Header information" means 114.25 the source, destination, and routing information attached to an 114.26 electronic mail message, including the originating domain name, 114.27 originating address, and technical information that 114.28 authenticates the sender of an electronic mail message for 114.29 computer network security or computer network management 114.30 purposes. 114.31 Subd. 13. [INITIATE THE TRANSMISSION; 114.32 INITIATED.] "Initiate the transmission" or "initiated" means to 114.33 originate or transmit a commercial electronic mail message or to 114.34 procure the origination or transmission of that message, 114.35 regardless of whether the message reaches its intended 114.36 recipients, but does not include actions that constitute routine 115.1 conveyance of the message. 115.2 Subd. 14. [INTERNET.] "Internet" means collectively the 115.3 myriad of computer and telecommunications facilities, including 115.4 equipment and operating software, which comprise the 115.5 interconnected worldwide network of networks that employ the 115.6 Transmission Control Protocol/Internet Protocol, or any 115.7 predecessor or successor protocols to this protocol, to 115.8 communication information of all kinds by wire or radio. 115.9 Subd. 15. [INTERNET PROTOCOL ADDRESS.] "Internet protocol 115.10 address" means the string of numbers by which locations on the 115.11 Internet are identified by routers or other computers connected 115.12 to the Internet. 115.13 Subd. 16. [MATERIALLY FALSIFY.] "Materially falsify" means 115.14 to alter or conceal in a manner that would impair the ability of 115.15 a recipient of an electronic mail message, an electronic mail 115.16 service provider processing an electronic mail message on behalf 115.17 of a recipient, a person alleging a violation of section 115.18 325F.697, or a law enforcement agency to identify, locate, or 115.19 respond to the person that initiated the electronic mail message 115.20 or to investigate an alleged violation of this section. 115.21 Subd. 17. [MULTIPLE.] "Multiple" means more than ten 115.22 commercial electronic mail messages during a 24-hour period, 115.23 more than 100 commercial electronic mail messages during a 115.24 30-day period, or more than 1,000 commercial electronic mail 115.25 messages during a one-year period. 115.26 Subd. 18. [RECIPIENT.] "Recipient" means a person who 115.27 receives a commercial electronic mail message at any one of the 115.28 following receiving addresses: 115.29 (1) a receiving address furnished by an electronic mail 115.30 service provider that bills for furnishing and maintaining that 115.31 receiving address to a mailing address within this state; 115.32 (2) a receiving address ordinarily accessed from a computer 115.33 located within this state or by a person domiciled within this 115.34 state; or 115.35 (3) any other receiving address with respect to which this 115.36 section can be imposed consistent with the United States 116.1 Constitution. 116.2 Subd. 19. [ROUTINE CONVEYANCE.] "Routine conveyance" means 116.3 the transmission, routing, relaying, handling, or storing, 116.4 through an automated technical process, of an electronic mail 116.5 message for which another person has identified the recipients 116.6 or provided the recipient addresses. 116.7 Subd. 20. [TRANSACTIONAL OR RELATIONSHIP 116.8 MESSAGE.] "Transactional or relationship message" means an 116.9 electronic mail message the primary purpose of which is to do 116.10 any of the following: 116.11 (1) facilitate, complete, or confirm a commercial 116.12 transaction that the recipient has previously agreed to enter 116.13 into with the sender; 116.14 (2) provide warranty information, product recall 116.15 information, or safety or security information with respect to a 116.16 commercial product or service used or purchased by the 116.17 recipient; 116.18 (3) provide notification concerning a change in the terms 116.19 or features of; a change in the recipient's standing or status 116.20 with respect to; or, at regular periodic intervals, account 116.21 balance information or other type of account statement with 116.22 respect to a subscription, membership, account, loan, or 116.23 comparable ongoing commercial relationship involving the ongoing 116.24 purchase or use by the recipient of products or services offered 116.25 by the sender; 116.26 (4) provide information directly related to an employment 116.27 relationship or related benefit plan in which the recipient is 116.28 currently involved, participating, or enrolled; or 116.29 (5) deliver goods or services, including product updates or 116.30 upgrades, that the recipient is entitled to receive under the 116.31 terms of a transaction that the recipient has previously agreed 116.32 to enter into with the sender. 116.33 [EFFECTIVE DATE.] This section is effective August 1, 2005, 116.34 and applies to crimes committed on or after that date. 116.35 Sec. 3. [325F.697] [FALSE, MISLEADING, OR DECEPTIVE 116.36 COMMERCIAL ELECTRONIC MAIL MESSAGES PROHIBITED.] 117.1 No person, with regard to commercial electronic mail 117.2 messages sent from or to a computer in this state, shall do any 117.3 of the following: 117.4 (1) knowingly use a computer to relay or retransmit 117.5 multiple commercial electronic mail messages, with the intent to 117.6 deceive or mislead recipients or any electronic mail service 117.7 provider, as to the origin of those messages; 117.8 (2) knowingly and materially falsify header information in 117.9 multiple commercial electronic mail messages and purposely 117.10 initiate the transmission of those messages; 117.11 (3) knowingly register, using information that materially 117.12 falsifies the identity of the actual registrant, for five or 117.13 more electronic mail accounts or online user accounts or two or 117.14 more domain names and purposely initiate the transmission of 117.15 multiple commercial electronic mail messages from one, or any 117.16 combination, of those accounts or domain names; or 117.17 (4) knowingly falsely represent the right to use five or 117.18 more Internet protocol addresses and purposely initiate the 117.19 transmission of multiple commercial electronic mail messages 117.20 from those addresses. 117.21 [EFFECTIVE DATE.] This section is effective August 1, 2005, 117.22 and applies to crimes committed on or after that date. 117.23 Sec. 4. [325F.698] [ILLEGAL TRANSMISSION OF MULTIPLE 117.24 MESSAGES; CRIMINAL PENALTIES.] 117.25 (a) Whoever violates section 325F.697 is guilty of 117.26 illegally transmitting multiple commercial electronic mail 117.27 messages. Except as otherwise provided in paragraph (b) or 117.28 section 325F.699, subdivision 3, illegally transmitting multiple 117.29 commercial electronic mail messages is a misdemeanor. 117.30 (b) Illegally transmitting multiple commercial electronic 117.31 mail messages is a gross misdemeanor if any of the following 117.32 apply: 117.33 (1) regarding a violation of section 325F.697, clause (3), 117.34 the offender, using information that materially falsifies the 117.35 identity of the actual registrant, knowingly registers for 20 or 117.36 more electronic mail accounts or online user accounts or ten or 118.1 more domain names, and purposely initiates, or conspires to 118.2 initiate, the transmission of multiple commercial electronic 118.3 mail messages from the accounts or domain names; 118.4 (2) regarding any violation of section 325F.697, the volume 118.5 of commercial electronic mail messages the offender transmitted 118.6 in committing the violation exceeds 250 during any 24-hour 118.7 period, 2,500 during any 30-day period, or 25,000 during any 118.8 one-year period; 118.9 (3) regarding any violation of section 325F.697, during any 118.10 one-year period the aggregate loss to the victim or victims of 118.11 the violation is $500 or more, or during any one-year period the 118.12 aggregate value of the property or services obtained by any 118.13 offender as a result of the violation is $500 or more; 118.14 (4) regarding any violation of section 325F.697, the 118.15 offender committed the violation with three or more other 118.16 persons with respect to whom the offender was the organizer or 118.17 leader of the activity that resulted in the violation; 118.18 (5) regarding any violation of section 325F.697, the 118.19 offender knowingly assisted in the violation through the 118.20 provision or selection of electronic mail addresses to which the 118.21 commercial electronic mail message was transmitted, if that 118.22 offender knew that the electronic mail addresses of the 118.23 recipients were obtained using an automated means from an 118.24 Internet Web site or proprietary online service operated by 118.25 another person, and that Web site or online service included, at 118.26 the time the electronic mail addresses were obtained, a notice 118.27 stating that the operator of that Web site or online service 118.28 will not transfer addresses maintained by that Web site or 118.29 online service to any other party for the purposes of initiating 118.30 the transmission of, or enabling others to initiate the 118.31 transmission of, electronic mail messages; or 118.32 (6) regarding any violation of section 325F.697, the 118.33 offender knowingly assisted in the violation through the 118.34 provision or selection of electronic mail addresses of the 118.35 recipients obtained using an automated means that generates 118.36 possible electronic mail addresses by combining names, letters, 119.1 or numbers into numerous permutations. 119.2 [EFFECTIVE DATE.] This section is effective August 1, 2005, 119.3 and applies to crimes committed on or after that date. 119.4 Sec. 5. [325F.699] [UNAUTHORIZED ACCESS TO A COMPUTER; 119.5 CRIMINAL PENALTIES.] 119.6 Subdivision 1. [PROHIBITION.] No person, with regard to 119.7 commercial electronic mail messages sent from or to a computer 119.8 in this state, shall knowingly access a computer without 119.9 authorization and purposely initiate the transmission of 119.10 multiple commercial electronic mail messages from or through the 119.11 computer. 119.12 Subd. 2. [GROSS MISDEMEANOR.] Except as otherwise provided 119.13 in subdivision 3, whoever violates subdivision 1 is guilty of 119.14 unauthorized access of a computer, a gross misdemeanor. 119.15 Subd. 3. [FELONY.] Illegally transmitting multiple 119.16 commercial electronic mail messages and unauthorized access of a 119.17 computer in violation of this section are felonies if the 119.18 offender previously has been convicted of a violation of this 119.19 section, or a violation of a law of another state or the United 119.20 States regarding the transmission of electronic mail messages or 119.21 unauthorized access to a computer, or if the offender committed 119.22 the violation of this section in the furtherance of a felony. 119.23 [EFFECTIVE DATE.] This section is effective August 1, 2005, 119.24 and applies to crimes committed on or after that date. 119.25 Sec. 6. Minnesota Statutes 2004, section 518B.01, 119.26 subdivision 22, is amended to read: 119.27 Subd. 22. [VIOLATION OF ADOMESTIC ABUSE NO CONTACT 119.28 ORDER.] (a) A domestic abuse no contact order is an order issued 119.29 by a court against a defendant in a criminal proceeding for: 119.30 (1) domestic abuse; 119.31 (2) harassment or stalking charged under section 609.749 119.32 and committed against a family or household member; 119.33 (3) violation of an order for protection charged under 119.34 subdivision 14; or 119.35 (4) violation of a prior domestic abuse no contact order 119.36 charged under this subdivision. 120.1 It includes pretrial orders before final disposition of the case 120.2 and probationary orders after sentencing. 120.3 (b) A person who knows of the existence of a domestic abuse 120.4 no contact order issued against the person and violates the 120.5 order is guilty of a misdemeanor. 120.6 (c) A peace officer shall arrest without a warrant and take 120.7 into custody a person whom the peace officer has probable cause 120.8 to believe has violated a domestic abuse no contact order, even 120.9 if the violation of the order did not take place in the presence 120.10 of the peace officer, if the existence of the order can be 120.11 verified by the officer. The person shall be held in custody 120.12 for at least 36 hours, excluding the day of arrest, Sundays, and 120.13 holidays, unless the person is released earlier by a judge or 120.14 judicial officer. A peace officer acting in good faith and 120.15 exercising due care in making an arrest pursuant to this 120.16 paragraph is immune from civil liability that might result from 120.17 the officer's actions. 120.18 [EFFECTIVE DATE.] This section is effective August 1, 2005. 120.19 Sec. 7. Minnesota Statutes 2004, section 609.119, is 120.20 amended to read: 120.21 609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 120.22 DNA TESTING.] 120.23 (a)From July 1, 2003, to June 30, 2005,The court shall 120.24 order an offender to provide a biological specimen for the 120.25 purpose offutureDNA analysis as described in section 299C.155 120.26 when: 120.27 (1) the court sentences a person charged with committing or 120.28 attempting to commit a felony offense not described in section 120.29 609.117, subdivision 1, and the person is convicted of that 120.30 offense or of any felony offense arising out of the same set of 120.31 circumstances; or 120.32 (2) the juvenile court adjudicates a person a delinquent 120.33 child who is petitioned for committing or attempting to commit a 120.34 felony offense not described in section 609.117, subdivision 1, 120.35 and is adjudicated delinquent for that offense or any 120.36 felony-level offense arising out of the same set of 121.1 circumstances. 121.2 The biological specimen shall be maintained by the Bureau of 121.3 Criminal Apprehension as provided in section 299C.155. 121.4 (b)From July 1, 2003, to June 30, 2005,The commissioner 121.5 of corrections or local corrections authority shall order a 121.6 person to provide a biological specimen for the purpose of 121.7futureDNA analysis as described in section 299C.155 before 121.8 completion of the person's term of imprisonment when the person 121.9 has not provided a biological specimen for the purpose of DNA 121.10 analysis, and the person: 121.11 (1) was initially charged with committing or attempting to 121.12 commit a felony offense not described in section 609.117, 121.13 subdivision 1, and was convicted of that offense or of any 121.14 felony offense arising out of the same set of circumstances; or 121.15 (2) is serving a term of imprisonment in this state under a 121.16 reciprocal agreement although convicted in another state of 121.17 committing or attempting to commit a felony offense not 121.18 described in section 609.117, subdivision 1, or of any felony 121.19 offense arising out of the same set of circumstances if the 121.20 person was initially charged with committing or attempting to 121.21 commit a felony offense not described in section 609.117, 121.22 subdivision 1. 121.23 The commissioner of corrections or local corrections authority 121.24 shall forward the sample to the Bureau of Criminal Apprehension. 121.25 (c)From July 1, 2003, to June 30, 2005,When the state 121.26 accepts an offender from another state under the interstate 121.27 compact authorized by section 243.16 or 243.1605, the acceptance 121.28 is conditional on the offender providing a biological specimen 121.29 for the purposes offutureDNA analysis as described in section 121.30 299C.155, if the offender was initially charged with committing 121.31 or attempting to commit a felony offense not described in 121.32 section 609.117, subdivision 1, and was convicted of that 121.33 offense or of any felony offense arising out of the same set of 121.34 circumstances. The specimen must be provided under supervision 121.35 of staff from the Department of Corrections or a Community 121.36 Corrections Act county within 15 business days after the 122.1 offender reports to the supervising agent. The cost of 122.2 obtaining the biological specimen is the responsibility of the 122.3 agency providing supervision. 122.4 [EFFECTIVE DATE.] This section is effective July 1, 2005. 122.5 Sec. 8. Minnesota Statutes 2004, section 609.185, is 122.6 amended to read: 122.7 609.185 [MURDER IN THE FIRST DEGREE.] 122.8 (a) Whoever does any of the following is guilty of murder 122.9 in the first degree and shall be sentenced to imprisonment for 122.10 life: 122.11 (1) causes the death of a human being with premeditation 122.12 and with intent to effect the death of the person or of another; 122.13 (2) causes the death of a human being while committing or 122.14 attempting to commit criminal sexual conduct in the first or 122.15 second degree with force or violence, either upon or affecting 122.16 the person or another; 122.17 (3) causes the death of a human being with intent to effect 122.18 the death of the person or another, while committing or 122.19 attempting to commit burglary, aggravated robbery, kidnapping, 122.20 arson in the first or second degree, a drive-by shooting, 122.21 tampering with a witness in the first degree, escape from 122.22 custody, or any felony violation of chapter 152 involving the 122.23 unlawful sale of a controlled substance; 122.24 (4) causes the death of a peace officer or a guard employed 122.25 at a Minnesota state or local correctional facility, with intent 122.26 to effect the death of that person or another, while the peace 122.27 officer or guard is engaged in the performance of official 122.28 duties; 122.29 (5) causes the death of a minor while committing child 122.30 abuse, when the perpetrator has engaged in a past pattern of 122.31 child abuse uponthea child and the death occurs under 122.32 circumstances manifesting an extreme indifference to human life; 122.33 (6) causes the death of a human being while committing 122.34 domestic abuse, when the perpetrator has engaged in a past 122.35 pattern of domestic abuse upon the victim or upon another family 122.36 or household member and the death occurs under circumstances 123.1 manifesting an extreme indifference to human life; or 123.2 (7) causes the death of a human being while committing, 123.3 conspiring to commit, or attempting to commit a felony crime to 123.4 further terrorism and the death occurs under circumstances 123.5 manifesting an extreme indifference to human life. 123.6 (b) For purposes of paragraph (a), clause (5), "child abuse" 123.7 means an act committed against a minor victim that constitutes a 123.8 violation of the following laws of this state or any similar 123.9 laws of the United States or any other state: section 609.221; 123.10 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 123.11 609.345; 609.377; 609.378; or 609.713. 123.12 (c) For purposes of paragraph (a), clause (6), "domestic 123.13 abuse" means an act that: 123.14 (1) constitutes a violation of section 609.221, 609.222, 123.15 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 123.16 609.713, or any similar laws of the United States or any other 123.17 state; and 123.18 (2) is committed against the victim who is a family or 123.19 household member as defined in section 518B.01, subdivision 2, 123.20 paragraph (b). 123.21 (d) For purposes of paragraph (a), clause (7), "further 123.22 terrorism" has the meaning given in section 609.714, subdivision 123.23 1. 123.24 [EFFECTIVE DATE.] This section is effective the day 123.25 following final enactment and applies to crimes committed on or 123.26 after that date. 123.27 Sec. 9. Minnesota Statutes 2004, section 609.223, is 123.28 amended by adding a subdivision to read: 123.29 Subd. 4. [ASSAULT BY STRANGULATION OR ASPHYXIATION.] (a) 123.30 As used in this subdivision, "strangulation" means intentionally 123.31 impeding normal breathing or circulation of the blood by 123.32 applying pressure on the throat or neck or by blocking the nose 123.33 or mouth of another person. 123.34 (b) Unless a greater penalty is provided elsewhere, whoever 123.35 assaults another by strangulation or asphyxiation is guilty of a 123.36 felony and may be sentenced to imprisonment for not more than 124.1 five years or to payment of a fine of not more than $10,000, or 124.2 both. 124.3 [EFFECTIVE DATE.] This section is effective August 1, 2005, 124.4 and applies to crimes committed on or after that date. 124.5 Sec. 10. Minnesota Statutes 2004, section 609.2231, is 124.6 amended by adding a subdivision to read: 124.7 Subd. 3a. [SECURE TREATMENT FACILITY PERSONNEL.] (a) As 124.8 used in this subdivision, "secure treatment facility" has the 124.9 meaning given in section 253B.02, subdivision 18a. 124.10 (b) Whoever, while committed under section 253B.185 or 124.11 Minnesota Statutes 1992, section 526.10, commits either of the 124.12 following acts against an employee or other individual who 124.13 provides care or treatment at a secure treatment facility while 124.14 the person is engaged in the performance of a duty imposed by 124.15 law, policy, or rule is guilty of a felony and may be sentenced 124.16 to imprisonment for not more than two years or to payment of a 124.17 fine of not more than $4,000, or both: 124.18 (1) assaults the person and inflicts demonstrable bodily 124.19 harm; or 124.20 (2) intentionally throws or otherwise transfers bodily 124.21 fluids or feces at or onto the person. 124.22 (c) The court shall commit a person convicted of violating 124.23 paragraph (b) to the custody of the commissioner of corrections 124.24 for not less than a year and a day. The court may not, on its 124.25 own motion or the prosecutor's motion, sentence a person without 124.26 regard to this paragraph. A person convicted and sentenced as 124.27 required by this paragraph is not eligible for probation, 124.28 parole, discharge, work release, or supervised release, until 124.29 that person has served the full term of imprisonment as provided 124.30 by law, notwithstanding the provisions of sections 241.26, 124.31 242.19, 243.05, 244.04, 609.12, and 609.135. 124.32 (d) Notwithstanding the statutory maximum sentence provided 124.33 in paragraph (b), when a court sentences a person to the custody 124.34 of the commissioner of corrections for a violation of paragraph 124.35 (b), the court shall provide that after the person has completed 124.36 the sentence imposed, the commissioner shall place the person on 125.1 conditional release for five years. The terms of conditional 125.2 release are governed by sections 244.05 and 609.109. 125.3 [EFFECTIVE DATE.] This section is effective August 1, 2005, 125.4 and applies to crimes committed on or after that date. 125.5 Sec. 11. Minnesota Statutes 2004, section 609.229, 125.6 subdivision 3, is amended to read: 125.7 Subd. 3. [PENALTY.] (a) If the crime committed in 125.8 violation of subdivision 2 is a felony, the statutory maximum 125.9 for the crime is five years longer than the statutory maximum 125.10 for the underlying crime. If the crime committed in violation 125.11 of subdivision 2 is a felony, and the victim of the crime is a 125.12 child under the age of 18 years, the statutory maximum for the 125.13 crime is ten years longer than the statutory maximum for the 125.14 underlying crime. 125.15 (b) If the crime committed in violation of subdivision 2 is 125.16 a misdemeanor, the person is guilty of a gross misdemeanor. 125.17 (c) If the crime committed in violation of subdivision 2 is 125.18 a gross misdemeanor, the person is guilty of a felony and may be 125.19 sentenced to imprisonment for not more than three years or to 125.20 payment of a fine of not more than $15,000, or both. 125.21 [EFFECTIVE DATE.] This section is effective August 1, 2005, 125.22 and applies to crimes committed on or after that date. 125.23 Sec. 12. [609.281] [DEFINITIONS.] 125.24 Subdivision 1. [GENERALLY.] As used in sections 609.281 to 125.25 609.284, the following terms have the meanings given. 125.26 Subd. 2. [BLACKMAIL.] "Blackmail" means a threat to expose 125.27 any fact or alleged fact tending to cause shame or to subject 125.28 any person to hatred, contempt, or ridicule. 125.29 Subd. 3. [DEBT BONDAGE.] "Debt bondage" means the status 125.30 or condition of a debtor arising from a pledge by the debtor of 125.31 the debtor's personal services or those of a person under the 125.32 debtor's control as a security for debt, if the value of those 125.33 services as reasonably assessed is not applied toward the 125.34 liquidation of the debt or the length and nature of those 125.35 services are not respectively limited and defined. 125.36 Subd. 4. [FORCED LABOR OR SERVICES.] "Forced labor or 126.1 services" means labor or services that are performed or provided 126.2 by another person and are obtained or maintained through an 126.3 actor's: 126.4 (1) threat, either implicit or explicit, scheme, plan, or 126.5 pattern, or other action intended to cause a person to believe 126.6 that, if the person did not perform or provide the labor or 126.7 services, that person or another person would suffer bodily harm 126.8 or physical restraint; 126.9 (2) physically restraining or threatening to physically 126.10 restrain a person; 126.11 (3) abuse or threatened abuse of the legal process; 126.12 (4) knowingly destroying, concealing, removing, 126.13 confiscating, or possessing any actual or purported passport or 126.14 other immigration document, or any other actual or purported 126.15 government identification document, of another person; or 126.16 (5) use of blackmail. 126.17 Subd. 5. [LABOR TRAFFICKING.] "Labor trafficking" means 126.18 the recruitment, transportation, transfer, harboring, 126.19 enticement, provision, obtaining, or receipt of a person by any 126.20 means, whether a United States citizen or foreign national, for 126.21 the purpose of: 126.22 (1) debt bondage or forced labor or services; 126.23 (2) slavery or practices similar to slavery; or 126.24 (3) the removal of organs through the use of coercion or 126.25 intimidation. 126.26 Subd. 6. [LABOR TRAFFICKING VICTIM.] "Labor trafficking 126.27 victim" means a person subjected to the practices in subdivision 126.28 5. 126.29 [EFFECTIVE DATE.] This section is effective August 1, 2005, 126.30 and applies to crimes committed on or after that date. 126.31 Sec. 13. [609.282] [LABOR TRAFFICKING.] 126.32 Whoever knowingly engages in the labor trafficking of 126.33 another is guilty of a crime and may be sentenced to 126.34 imprisonment for not more than 15 years or to payment of a fine 126.35 of not more than $30,000, or both. In a prosecution under this 126.36 section the consent or age of the victim is not a defense. 127.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 127.2 and applies to crimes committed on or after that date. 127.3 Sec. 14. [609.283] [UNLAWFUL CONDUCT WITH RESPECT TO 127.4 DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.] 127.5 Unless the person's conduct constitutes a violation of 127.6 section 609.282, a person who knowingly destroys, conceals, 127.7 removes, confiscates, or possesses any actual or purported 127.8 passport or other immigration document, or any other actual or 127.9 purported government identification document, of another person: 127.10 (1) in the course of a violation of section 609.282 or 127.11 609.322; 127.12 (2) with intent to violate section 609.282 or 609.322; or 127.13 (3) to prevent or restrict or to attempt to prevent or 127.14 restrict, without lawful authority, a person's liberty to move 127.15 or travel, in order to maintain the labor or services of that 127.16 person, when the person is or has been a victim of a violation 127.17 of section 609.282 or 609.322; 127.18 is guilty of a crime and may be sentenced to imprisonment for 127.19 not more than five years or to payment of a fine of not more 127.20 than $10,000, or both. In a prosecution under this section the 127.21 consent or age of the victim is not a defense. 127.22 [EFFECTIVE DATE.] This section is effective August 1, 2005, 127.23 and applies to crimes committed on or after that date. 127.24 Sec. 15. [609.284] [LABOR OR SEX TRAFFICKING CRIMES; 127.25 DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.] 127.26 Subdivision 1. [CONSENT OR AGE OF VICTIM NOT A 127.27 DEFENSE.] In an action under this section the consent or age of 127.28 the victim is not a defense. 127.29 Subd. 2. [CIVIL LIABILITY.] A labor trafficking victim may 127.30 bring a cause of action against a person who violates section 127.31 609.282 or 609.283. The court may award damages, including 127.32 punitive damages, reasonable attorney fees, and other litigation 127.33 costs reasonably incurred by the victim. This remedy is in 127.34 addition to potential criminal liability. 127.35 Subd. 3. [CORPORATE LIABILITY.] If a corporation or other 127.36 business enterprise is convicted of violating section 609.282, 128.1 609.283, or 609.322, in addition to the criminal penalties 128.2 described in those sections and other remedies provided 128.3 elsewhere in law, the court may, when appropriate: 128.4 (1) order its dissolution or reorganization; 128.5 (2) order the suspension or revocation of any license, 128.6 permit, or prior approval granted to it by a state agency; or 128.7 (3) order the surrender of its charter if it is organized 128.8 under Minnesota law or the revocation of its certificate to 128.9 conduct business in Minnesota if it is not organized under 128.10 Minnesota law. 128.11 [EFFECTIVE DATE.] This section is effective August 1, 2005, 128.12 and applies to crimes committed on or after that date. 128.13 Sec. 16. Minnesota Statutes 2004, section 609.321, 128.14 subdivision 1, is amended to read: 128.15 Subdivision 1. [SCOPE.] For the purposes of sections 128.16 609.321 to609.324609.325, the following terms have the 128.17 meanings given. 128.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 128.19 and applies to crimes committed on or after that date. 128.20 Sec. 17. Minnesota Statutes 2004, section 609.321, 128.21 subdivision 7, is amended to read: 128.22 Subd. 7. [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.] 128.23 "Promotes the prostitution of an individual" means any of the 128.24 following wherein the person knowingly: 128.25 (1) solicits or procures patrons for a prostitute; or 128.26 (2) provides, leases or otherwise permits premises or 128.27 facilities owned or controlled by the person to aid the 128.28 prostitution of an individual; or 128.29 (3) owns, manages, supervises, controls, keeps or operates, 128.30 either alone or with others, a place of prostitution to aid the 128.31 prostitution of an individual; or 128.32 (4) owns, manages, supervises, controls, operates, 128.33 institutes, aids or facilitates, either alone or with others, a 128.34 business of prostitution to aid the prostitution of an 128.35 individual; or 128.36 (5) admits a patron to a place of prostitution to aid the 129.1 prostitution of an individual;or129.2 (6) transports an individual from one point within this 129.3 state to another point either within or without this state, or 129.4 brings an individual into this state to aid the prostitution of 129.5 the individual; or 129.6 (7) engages in the sex trafficking of an individual. 129.7 [EFFECTIVE DATE.] This section is effective August 1, 2005, 129.8 and applies to crimes committed on or after that date. 129.9 Sec. 18. Minnesota Statutes 2004, section 609.321, is 129.10 amended by adding a subdivision to read: 129.11 Subd. 7a. [SEX TRAFFICKING.] "Sex trafficking" means 129.12 receiving, recruiting, enticing, harboring, providing, or 129.13 obtaining by any means an individual to aid in the prostitution 129.14 of the individual. 129.15 [EFFECTIVE DATE.] This section is effective August 1, 2005, 129.16 and applies to crimes committed on or after that date. 129.17 Sec. 19. Minnesota Statutes 2004, section 609.321, is 129.18 amended by adding a subdivision to read: 129.19 Subd. 7b. [SEX TRAFFICKING VICTIM.] "Sex trafficking 129.20 victim" means a person subjected to the practices in subdivision 129.21 7a. 129.22 [EFFECTIVE DATE.] This section is effective August 1, 2005, 129.23 and applies to crimes committed on or after that date. 129.24 Sec. 20. [609.3243] [LOITERING WITH INTENT TO PARTICIPATE 129.25 IN PROSTITUTION.] 129.26 A person who loiters in a public place with intent to 129.27 participate in prostitution is guilty of a misdemeanor. 129.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 129.29 and applies to crimes committed on or after that date. 129.30 Sec. 21. Minnesota Statutes 2004, section 609.325, is 129.31 amended by adding a subdivision to read: 129.32 Subd. 4. [AFFIRMATIVE DEFENSE.] It is an affirmative 129.33 defense to a charge under section 609.324 if the defendant 129.34 proves by a preponderance of the evidence that the defendant is 129.35 a labor trafficking victim, as defined in section 609.281, or a 129.36 sex trafficking victim, as defined in section 609.321, and that 130.1 the defendant committed the act only under compulsion by another 130.2 who by explicit or implicit threats created a reasonable 130.3 apprehension in the mind of the defendant that if the defendant 130.4 did not commit the act, the person would inflict bodily harm 130.5 upon the defendant. 130.6 [EFFECTIVE DATE.] This section is effective August 1, 2005, 130.7 and applies to crimes committed on or after that date. 130.8 Sec. 22. Minnesota Statutes 2004, section 609.341, 130.9 subdivision 14, is amended to read: 130.10 Subd. 14. [COERCION.] "Coercion" means the use by the 130.11 actor of words or circumstances that cause the complainant 130.12 reasonably to fear that the actor will inflict bodily harm upon,130.13or hold in confinement,the complainant or another, orforcethe 130.14 use by the actor of confinement, or superior size or strength, 130.15 against the complainant that causes the complainant to submit to 130.16 sexual penetration or contact, butagainst the complainant's 130.17 will. Proof of coercion does not require proof of a specific 130.18 act or threat. 130.19 [EFFECTIVE DATE.] This section is effective August 1, 2005, 130.20 and applies to crimes committed on or after that date. 130.21 Sec. 23. Minnesota Statutes 2004, section 609.485, 130.22 subdivision 2, is amended to read: 130.23 Subd. 2. [ACTS PROHIBITED.] Whoever does any of the 130.24 following may be sentenced as provided in subdivision 4: 130.25 (1) escapes while held pursuant to a lawful arrest, in 130.26 lawful custody on a charge or conviction of a crime, or while 130.27 held in lawful custody on an allegation or adjudication of a 130.28 delinquent act; 130.29 (2) transfers to another, who is in lawful custody on a 130.30 charge or conviction of a crime, or introduces into an 130.31 institution in which the latter is confined, anything usable in 130.32 making such escape, with intent that it shall be so used; 130.33 (3) having another in lawful custody on a charge or 130.34 conviction of a crime, intentionally permits the other to 130.35 escape; 130.36 (4) escapes while in a facility designated under section 131.1 253B.18, subdivision 1, pursuant to a court commitment order 131.2 after a finding of not guilty by reason of mental illness or 131.3 mental deficiency of a crime against the person, as defined in 131.4 section 253B.02, subdivision 4a. Notwithstanding section 131.5 609.17, no person may be charged with or convicted of an attempt 131.6 to commit a violation of this clause;or131.7 (5) escapes while in a facility designated under section 131.8 253B.18, subdivision 1, pursuant to a court commitment order 131.9 under section 253B.185 or Minnesota Statutes 1992, section 131.10 526.10; or 131.11 (6) knowingly absconds or fails to return to custody 131.12 following the revocation of provisional discharge under section 131.13 253B.18 of a person committed under section 253B.185 or 131.14 Minnesota Statutes 1992, section 526.10. 131.15 For purposes of clause (1), "escapes while held in lawful 131.16 custody" includes absconding from electronic monitoring or 131.17 absconding after removing an electronic monitoring device from 131.18 the person's body. 131.19 [EFFECTIVE DATE.] This section is effective August 1, 2005, 131.20 and applies to crimes committed on or after that date. 131.21 Sec. 24. Minnesota Statutes 2004, section 609.485, 131.22 subdivision 4, is amended to read: 131.23 Subd. 4. [SENTENCE.] (a) Except as otherwise provided in 131.24 subdivision 3a, whoever violates this section may be sentenced 131.25 as follows: 131.26 (1) if the person who escapes is in lawful custody for a 131.27 felony, to imprisonment for not more than five years or to 131.28 payment of a fine of not more than $10,000, or both; 131.29 (2) if the person who escapes is in lawful custody after a 131.30 finding of not guilty by reason of mental illness or mental 131.31 deficiency of a crime against the person, as defined in section 131.32 253B.02, subdivision 4a, or pursuant to a court commitment order 131.33 under section 253B.185 or Minnesota Statutes 1992, section 131.34 526.10, or violates subdivision 2, clause (6), to imprisonment 131.35 for not more than one year and one day or to payment of a fine 131.36 of not more than $3,000, or both; or 132.1 (3) if the person who escapes is in lawful custody for a 132.2 gross misdemeanor or misdemeanor, or if the person who escapes 132.3 is in lawful custody on an allegation or adjudication of a 132.4 delinquent act, to imprisonment for not more than one year or to 132.5 payment of a fine of not more than $3,000, or both. 132.6 (b) If the escape was a violation of subdivision 2, clause 132.7 (1), (2), or (3), and was effected by violence or threat of 132.8 violence against a person, the sentence may be increased to not 132.9 more than twice those permitted in paragraph (a), clauses (1) 132.10 and (3). 132.11 (c) Unless a concurrent term is specified by the court, a 132.12 sentence under this section shall be consecutive to any sentence 132.13 previously imposed or which may be imposed for any crime or 132.14 offense for which the person was in custody when the person 132.15 escaped. 132.16 (d) Notwithstanding paragraph (c), if a person who was 132.17 committed to the commissioner of corrections under section 132.18 260B.198 escapes from the custody of the commissioner while 18 132.19 years of age, the person's sentence under this section shall 132.20 commence on the person's 19th birthday or on the person's date 132.21 of discharge by the commissioner of corrections, whichever 132.22 occurs first. However, if the person described in this clause 132.23 is convicted under this section after becoming 19 years old and 132.24 after having been discharged by the commissioner, the person's 132.25 sentence shall commence upon imposition by the sentencing court. 132.26 (e) Notwithstanding paragraph (c), if a person who is in 132.27 lawful custody on an allegation or adjudication of a delinquent 132.28 act while 18 years of age escapes from a local juvenile 132.29 correctional facility, the person's sentence under this section 132.30 begins on the person's 19th birthday or on the person's date of 132.31 discharge from the jurisdiction of the juvenile court, whichever 132.32 occurs first. However, if the person described in this 132.33 paragraph is convicted after becoming 19 years old and after 132.34 discharge from the jurisdiction of the juvenile court, the 132.35 person's sentence begins upon imposition by the sentencing court. 132.36 (f) Notwithstanding paragraph (a), any person who escapes 133.1 or absconds from electronic monitoring or removes an electric 133.2 monitoring device from the person's body is guilty of a crime 133.3 and shall be sentenced to imprisonment for not more than one 133.4 year or to a payment of a fine of not more than $3,000, or 133.5 both. A person in lawful custody for a violation of section 133.6 609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221, 133.7 609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345, 133.8 or 609.3451 who escapes or absconds from electronic monitoring 133.9 or removes an electronic monitoring device while under sentence 133.10 may be sentenced to imprisonment for not more than five years or 133.11 to a payment of a fine of not more than $10,000, or both. 133.12 [EFFECTIVE DATE.] This section is effective August 1, 2005, 133.13 and applies to crimes committed on or after that date. 133.14 Sec. 25. Minnesota Statutes 2004, section 609.50, 133.15 subdivision 1, is amended to read: 133.16 Subdivision 1. [CRIME.] Whoever intentionally does any of 133.17 the following may be sentenced as provided in subdivision 2: 133.18 (1) obstructs, hinders, or prevents the lawful execution of 133.19 any legal process, civil or criminal, or apprehension of another 133.20 on a charge or conviction of a criminal offense; 133.21 (2) obstructs, resists, or interferes with a peace officer 133.22 while the officer is engaged in the performance of official 133.23 duties; 133.24 (3) interferes with or obstructsthe prevention or133.25extinguishing of a fire, or disobeys the lawful order ofa 133.26 firefighterpresent at the firewhile the firefighter is engaged 133.27 in the performance of official duties;or133.28 (4) interferes with or obstructs a member of an ambulance 133.29 service personnel crew, as defined in section 144E.001, 133.30 subdivision 3a, who is providing, or attempting to provide, 133.31 emergency care; or 133.32 (5) by force or threat of force endeavors to obstruct any 133.33 employee of the Department of Revenue while the employee is 133.34 lawfully engaged in the performance of official duties for the 133.35 purpose of deterring or interfering with the performance of 133.36 those duties. 134.1 [EFFECTIVE DATE.] This section is effective August 1, 2005, 134.2 and applies to crimes committed on or after that date. 134.3 Sec. 26. Minnesota Statutes 2004, section 609.527, 134.4 subdivision 1, is amended to read: 134.5 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 134.6 the following terms have the meanings given them in this 134.7 subdivision. 134.8 (b) "Direct victim" means any person or entity described in 134.9 section 611A.01, paragraph (b), whose identity has been 134.10 transferred, used, or possessed in violation of this section. 134.11 (c) "False pretense" means any false, fictitious, 134.12 misleading, or fraudulent information or pretense or pretext 134.13 depicting or including or deceptively similar to the name, logo, 134.14 Web site address, e-mail address, postal address, telephone 134.15 number, or any other identifying information of a for-profit or 134.16 not-for-profit business or organization or of a government 134.17 agency, to which the user has no legitimate claim of right. 134.18 (d) "Identity" means any name, number, or data transmission 134.19 that may be used, alone or in conjunction with any other 134.20 information, to identify a specific individual or entity, 134.21 including any of the following: 134.22 (1) a name, Social Security number, date of birth, official 134.23 government-issued driver's license or identification number, 134.24 government passport number, or employer or taxpayer 134.25 identification number; 134.26 (2) unique electronic identification number, address, 134.27 account number, or routing code; or 134.28 (3) telecommunication identification information or access 134.29 device. 134.30(d)(e) "Indirect victim" means any person or entity 134.31 described in section 611A.01, paragraph (b), other than a direct 134.32 victim. 134.33(e)(f) "Loss" means value obtained, as defined in section 134.34 609.52, subdivision 1, clause (3), and expenses incurred by a 134.35 direct or indirect victim as a result of a violation of this 134.36 section. 135.1(f)(g) "Unlawful activity" means: 135.2 (1) any felony violation of the laws of this state or any 135.3 felony violation of a similar law of another state or the United 135.4 States; and 135.5 (2) any nonfelony violation of the laws of this state 135.6 involving theft, theft by swindle, forgery, fraud, or giving 135.7 false information to a public official, or any nonfelony 135.8 violation of a similar law of another state or the United States. 135.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 135.10 and applies to crimes committed on or after that date. 135.11 Sec. 27. Minnesota Statutes 2004, section 609.527, 135.12 subdivision 3, is amended to read: 135.13 Subd. 3. [PENALTIES.] A person who violates subdivision 2 135.14 may be sentenced as follows: 135.15 (1) if the offense involves a single direct victim and the 135.16 total, combined loss to the direct victim and any indirect 135.17 victims is $250 or less, the person may be sentenced as provided 135.18 in section 609.52, subdivision 3, clause (5); 135.19 (2) if the offense involves a single direct victim and the 135.20 total, combined loss to the direct victim and any indirect 135.21 victims is more than $250 but not more than $500, the person may 135.22 be sentenced as provided in section 609.52, subdivision 3, 135.23 clause (4); 135.24 (3) if the offense involves two or three direct victims or 135.25 the total, combined loss to the direct and indirect victims is 135.26 more than $500 but not more than $2,500, the person may be 135.27 sentenced as provided in section 609.52, subdivision 3, clause 135.28 (3); 135.29 (4) if the offense involves more than three but not more 135.30 than seven direct victims, or if the total combined loss to the 135.31 direct and indirect victims is more than $2,500, the person may 135.32 be sentenced as provided in section 609.52, subdivision 3, 135.33 clause (2); and 135.34 (5) if the offense involves eight or more direct victims,; 135.35 or if the total, combined loss to the direct and indirect 135.36 victims is more than $35,000,; or if the offense is related to 136.1 possession or distribution of pornographic work in violation of 136.2 section 617.246 or 617.247; the person may be sentenced as 136.3 provided in section 609.52, subdivision 3, clause (1). 136.4 [EFFECTIVE DATE.] This section is effective August 1, 2005, 136.5 and applies to crimes committed on or after that date. 136.6 Sec. 28. Minnesota Statutes 2004, section 609.527, 136.7 subdivision 4, is amended to read: 136.8 Subd. 4. [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A 136.9 direct or indirect victim of an identity theft crime shall be 136.10 considered a victim for all purposes, including any rights that 136.11 accrue under chapter 611A and rights to court-ordered 136.12 restitution. 136.13 (b) Upon the written request of a direct victim or the 136.14 prosecutor setting forth with specificity the facts and 136.15 circumstances of the offense in a proposed order, the court 136.16 shall provide to the victim, without cost, a certified copy of 136.17 the complaint filed in the matter, the judgment of conviction, 136.18 and an order setting forth the facts and circumstances of the 136.19 offense. 136.20 [EFFECTIVE DATE.] This section is effective August 1, 2005, 136.21 and applies to crimes committed on or after that date. 136.22 Sec. 29. Minnesota Statutes 2004, section 609.527, is 136.23 amended by adding a subdivision to read: 136.24 Subd. 5a. [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO 136.25 OBTAIN IDENTITY.] (a) A person who, with intent to obtain the 136.26 identity of another, uses a false pretense in an e-mail to 136.27 another person or in a Web page, electronic communication, 136.28 advertisement, or any other communication on the Internet, is 136.29 guilty of a crime. 136.30 (b) Whoever commits such offense may be sentenced to 136.31 imprisonment for not more than five years or to payment of a 136.32 fine of not more than $10,000, or both. 136.33 (c) In a prosecution under this subdivision, it is not a 136.34 defense that: 136.35 (1) the person committing the offense did not obtain the 136.36 identity of another; 137.1 (2) the person committing the offense did not use the 137.2 identity; or 137.3 (3) the offense did not result in financial loss or any 137.4 other loss to any person. 137.5 [EFFECTIVE DATE.] This section is effective August 1, 2005, 137.6 and applies to crimes committed on or after that date. 137.7 Sec. 30. Minnesota Statutes 2004, section 609.527, 137.8 subdivision 6, is amended to read: 137.9 Subd. 6. [VENUE.] Notwithstanding anything to the contrary 137.10 in section 627.01, an offense committed under subdivision 2 or 137.11 5a may be prosecuted in: 137.12 (1) the county where the offense occurred;or137.13 (2) the county of residence or place of business of the 137.14 direct victim or indirect victim; or 137.15 (3) in the case of a violation of subdivision 5a, the 137.16 county or place of residence of the person whose identity was 137.17 obtained or sought. 137.18 [EFFECTIVE DATE.] This section is effective August 1, 2005, 137.19 and applies to crimes committed on or after that date. 137.20 Sec. 31. Minnesota Statutes 2004, section 609.531, 137.21 subdivision 1, is amended to read: 137.22 Subdivision 1. [DEFINITIONS.] For the purpose of sections 137.23 609.531 to 609.5318, the following terms have the meanings given 137.24 them. 137.25 (a) "Conveyance device" means a device used for 137.26 transportation and includes, but is not limited to, a motor 137.27 vehicle, trailer, snowmobile, airplane, and vessel and any 137.28 equipment attached to it. The term "conveyance device" does not 137.29 include property which is, in fact, itself stolen or taken in 137.30 violation of the law. 137.31 (b) "Weapon used" means a dangerous weapon as defined under 137.32 section 609.02, subdivision 6, that the actor used or had in 137.33 possession in furtherance of a crime. 137.34 (c) "Property" means property as defined in section 609.52, 137.35 subdivision 1, clause (1). 137.36 (d) "Contraband" means property which is illegal to possess 138.1 under Minnesota law. 138.2 (e) "Appropriate agency" means the Bureau of Criminal 138.3 Apprehension, the Minnesota Division of Driver and Vehicle 138.4 Services, the Minnesota State Patrol, a county sheriff's 138.5 department, the Suburban Hennepin Regional Park District park 138.6 rangers, the Department of Natural Resources Division of 138.7 Enforcement, the University of Minnesota Police Department, or a 138.8 city or airport police department. 138.9 (f) "Designated offense" includes: 138.10 (1) for weapons used: any violation of this chapter, 138.11 chapter 152, or chapter 624; 138.12 (2) for driver's license or identification card 138.13 transactions: any violation of section 171.22; and 138.14 (3) for all other purposes: a felony violation of, or a 138.15 felony-level attempt or conspiracy to violate, section 325E.17; 138.16 325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222; 138.17 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282; 138.18 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 138.19 609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision 138.20 1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, 138.21 clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466; 138.22 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 138.23 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 138.24 609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 138.25 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 138.26 609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or 138.27 felony violation of section 609.891 or 624.7181; or any 138.28 violation of section 609.324. 138.29 (g) "Controlled substance" has the meaning given in section 138.30 152.01, subdivision 4. 138.31 [EFFECTIVE DATE.] This section is effective August 1, 2005, 138.32 and applies to crimes committed on or after that date. 138.33 Sec. 32. Minnesota Statutes 2004, section 609.5315, 138.34 subdivision 1, is amended to read: 138.35 Subdivision 1. [DISPOSITION.] (a) Subject to paragraph 138.36 (b), if the court finds under section 609.5313, 609.5314, or 139.1 609.5318 that the property is subject to forfeiture, it shall 139.2 order the appropriate agency to do one of the following: 139.3 (1) unless a different disposition is provided under clause 139.4 (3) or (4), either destroy firearms, ammunition, and firearm 139.5 accessories that the agency decides not to use for law 139.6 enforcement purposes under clause (8), or sell them to federally 139.7 licensed firearms dealers, as defined in section 624.7161, 139.8 subdivision 1, and distribute the proceeds under subdivision 139.9 5 or 5b; 139.10 (2) sell property that is not required to be destroyed by 139.11 law and is not harmful to the public and distribute the proceeds 139.12 under subdivision 5 or 5b; 139.13 (3) sell antique firearms, as defined in section 624.712, 139.14 subdivision 3, to the public and distribute the proceeds under 139.15 subdivision 5 or 5b; 139.16 (4) destroy or use for law enforcement purposes 139.17 semiautomatic military-style assault weapons, as defined in 139.18 section 624.712, subdivision 7; 139.19 (5) take custody of the property and remove it for 139.20 disposition in accordance with law; 139.21 (6) forward the property to the federal drug enforcement 139.22 administration; 139.23 (7) disburse money as provided under subdivision 5 or 5b; 139.24 or 139.25 (8) keep property other than money for official use by the 139.26 agency and the prosecuting agency. 139.27 (b) Notwithstanding paragraph (a), the Hennepin or Ramsey 139.28 county sheriff may not sell firearms, ammunition, or firearms 139.29 accessories if the policy is disapproved by the applicable 139.30 county board. 139.31 [EFFECTIVE DATE.] This section is effective August 1, 2005, 139.32 and applies to crimes committed on or after that date. 139.33 Sec. 33. Minnesota Statutes 2004, section 609.5315, is 139.34 amended by adding a subdivision to read: 139.35 Subd. 5b. [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 139.36 TRAFFICKING OF PERSONS; REPORT REQUIRED.] (a) For forfeitures 140.1 resulting from violations of section 609.282, 609.283, or 140.2 609.322, the money or proceeds from the sale of forfeited 140.3 property, after payment of seizure, storage, forfeiture, and 140.4 sale expenses, and satisfaction of valid liens against the 140.5 property, must be distributed as follows: 140.6 (1) 40 percent of the proceeds must be forwarded to the 140.7 appropriate agency for deposit as a supplement to the agency's 140.8 operating fund or similar fund for use in law enforcement; 140.9 (2) 20 percent of the proceeds must be forwarded to the 140.10 county attorney or other prosecuting agency that handled the 140.11 forfeiture for deposit as a supplement to its operating fund or 140.12 similar fund for prosecutorial purposes; and 140.13 (3) the remaining 40 percent of the proceeds must be 140.14 forwarded to the commissioner of public safety and are 140.15 appropriated to the commissioner for distribution to crime 140.16 victims services organizations that provide services to victims 140.17 of trafficking offenses. 140.18 (b) By February 15 of each year, the commissioner of public 140.19 safety shall report to the chairs and ranking minority members 140.20 of the senate and house committees or divisions having 140.21 jurisdiction over criminal justice funding on the money 140.22 collected under paragraph (a), clause (3). The report must 140.23 indicate the following relating to the preceding calendar year: 140.24 (1) the amount of money appropriated to the commissioner; 140.25 (2) how the money was distributed by the commissioner; and 140.26 (3) what the organizations that received the money did with 140.27 it. 140.28 [EFFECTIVE DATE.] This section is effective August 1, 2005, 140.29 and applies to crimes committed on or after that date. 140.30 Sec. 34. Minnesota Statutes 2004, section 609.746, 140.31 subdivision 1, is amended to read: 140.32 Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION 140.33 DEVICE.] (a) A person is guilty of a gross misdemeanor who: 140.34 (1) enters upon another's property; 140.35 (2) surreptitiously gazes, stares, or peeps in the window 140.36 or any other aperture of a house or place of dwelling of 141.1 another; and 141.2 (3) does so with intent to intrude upon or interfere with 141.3 the privacy of a member of the household. 141.4 (b) A person is guilty of a gross misdemeanor who: 141.5 (1) enters upon another's property; 141.6 (2) surreptitiously installs or uses any device for 141.7 observing, photographing, recording, amplifying, or broadcasting 141.8 sounds or events through the window or any other aperture of a 141.9 house or place of dwelling of another; and 141.10 (3) does so with intent to intrude upon or interfere with 141.11 the privacy of a member of the household. 141.12 (c) A person is guilty of a gross misdemeanor who: 141.13 (1) surreptitiously gazes, stares, or peeps in the window 141.14 or other aperture of a sleeping room in a hotel, as defined in 141.15 section 327.70, subdivision 3, a tanning booth, or other place 141.16 where a reasonable person would have an expectation of privacy 141.17 and has exposed or is likely to expose their intimate parts, as 141.18 defined in section 609.341, subdivision 5, or the clothing 141.19 covering the immediate area of the intimate parts; and 141.20 (2) does so with intent to intrude upon or interfere with 141.21 the privacy of the occupant. 141.22 (d) A person is guilty of a gross misdemeanor who: 141.23 (1) surreptitiously installs or uses any device for 141.24 observing, photographing, recording, amplifying, or broadcasting 141.25 sounds or events through the window or other aperture of a 141.26 sleeping room in a hotel, as defined in section 327.70, 141.27 subdivision 3, a tanning booth, or other place where a 141.28 reasonable person would have an expectation of privacy and has 141.29 exposed or is likely to expose their intimate parts, as defined 141.30 in section 609.341, subdivision 5, or the clothing covering the 141.31 immediate area of the intimate parts; and 141.32 (2) does so with intent to intrude upon or interfere with 141.33 the privacy of the occupant. 141.34 (e) A person is guilty of agross misdemeanorfelony and 141.35 may be sentenced to imprisonment for not more than two years or 141.36 to payment of a fine of not more than $5,000, or both, if the 142.1 person: 142.2 (1) violates this subdivision after a previous conviction 142.3 under this subdivision or section 609.749; or 142.4 (2) violates this subdivision against a minor under the age 142.5 of1618, knowing or having reason to know that the minor is 142.6 present. 142.7 (f) Paragraphs (b) and (d) do not apply to law enforcement 142.8 officers or corrections investigators, or to those acting under 142.9 their direction, while engaged in the performance of their 142.10 lawful duties. Paragraphs (c) and (d) do not apply to conduct 142.11 in: (1) a medical facility; or (2) a commercial establishment 142.12 if the owner of the establishment has posted conspicuous signs 142.13 warning that the premises are under surveillance by the owner or 142.14 the owner's employees. 142.15 [EFFECTIVE DATE.] This section is effective August 1, 2005, 142.16 and applies to crimes committed on or after that date. 142.17 Sec. 35. Minnesota Statutes 2004, section 609.748, 142.18 subdivision 2, is amended to read: 142.19 Subd. 2. [RESTRAINING ORDER; JURISDICTION.] A person who 142.20 is a victim of harassment may seek a restraining order from the 142.21 district court in the manner provided in this section. The 142.22 parentor, guardian, or stepparent of a minor who is a victim of 142.23 harassment may seek a restraining order from the district court 142.24 on behalf of the minor. 142.25 [EFFECTIVE DATE.] This section is effective August 1, 2005. 142.26 Sec. 36. Minnesota Statutes 2004, section 609.748, 142.27 subdivision 3a, is amended to read: 142.28 Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees 142.29 for a restraining order under this section are waived for the 142.30 petitioner if the petition alleges acts that would constitute a 142.31 violation of section 609.749, subdivision 2 or 3, or sections 142.32 609.342 to 609.3451. The court administrator and the sheriff of 142.33 any county in this state shall perform their duties relating to 142.34 service of process without charge to the petitioner. The court 142.35 shall direct payment of the reasonable costs of service of 142.36 process if served by a private process server when the sheriff 143.1 is unavailable or if service is made by publication. The court 143.2 may direct a respondent to pay to the court administrator the 143.3 petitioner's filing fees and reasonable costs of service of 143.4 process if the court determines that the respondent has the 143.5 ability to pay the petitioner's fees and costs. 143.6 [EFFECTIVE DATE.] This section is effective July 1, 2005. 143.7 Sec. 37. Minnesota Statutes 2004, section 609.749, 143.8 subdivision 2, is amended to read: 143.9 Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person 143.10 who harasses another by committing any of the following acts is 143.11 guilty of a gross misdemeanor: 143.12 (1) directly or indirectly manifests a purpose or intent to 143.13 injure the person, property, or rights of another by the 143.14 commission of an unlawful act; 143.15 (2) stalks, follows, monitors, or pursues another, whether 143.16 in person or through technological or other means; 143.17 (3) returns to the property of another if the actor is 143.18 without claim of right to the property or consent of one with 143.19 authority to consent; 143.20 (4) repeatedly makes telephone calls, or induces a victim 143.21 to make telephone calls to the actor, whether or not 143.22 conversation ensues; 143.23 (5) makes or causes the telephone of another repeatedly or 143.24 continuously to ring; 143.25 (6) repeatedly mails or delivers or causes the delivery by 143.26 any means, including electronically, of letters, telegrams, 143.27 messages, packages, or other objects; or 143.28 (7) knowingly makes false allegations against a peace 143.29 officer concerning the officer's performance of official duties 143.30 with intent to influence or tamper with the officer's 143.31 performance of official duties. 143.32 (b) The conduct described in paragraph (a), clauses (4) and 143.33 (5), may be prosecuted at the place where any call is either 143.34 made or received or, additionally in the case of wireless or 143.35 electronic communication, where the actor or victim resides. 143.36 The conduct described in paragraph (a), clause (2), may be 144.1 prosecuted where the actor or victim resides. The conduct 144.2 described in paragraph (a), clause (6), may be prosecuted where 144.3 any letter, telegram, message, package, or other object is 144.4 either sent or received or, additionally in the case of wireless 144.5 or electronic communication, where the actor or victim resides. 144.6 (c) A peace officer may not make a warrantless, custodial 144.7 arrest of any person for a violation of paragraph (a), clause 144.8 (7). 144.9 [EFFECTIVE DATE.] This section is effective August 1, 2005, 144.10 and applies to crimes committed on or after that date. 144.11 Sec. 38. Minnesota Statutes 2004, section 609.79, 144.12 subdivision 2, is amended to read: 144.13 Subd. 2. [VENUE.] The offense may be prosecuted either at 144.14 the place where the call is made or where it is received or, 144.15 additionally in the case of wireless or electronic 144.16 communication, where the sender or receiver resides. 144.17 [EFFECTIVE DATE.] This section is effective August 1, 2005, 144.18 and applies to crimes committed on or after that date. 144.19 Sec. 39. Minnesota Statutes 2004, section 609.795, is 144.20 amended by adding a subdivision to read: 144.21 Subd. 3. [VENUE.] The offense may be prosecuted either at 144.22 the place where the letter, telegram, or package is sent or 144.23 received or, alternatively in the case of wireless electronic 144.24 communication, where the sender or receiver resides. 144.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 144.26 and applies to crimes committed on or after that date. 144.27 Sec. 40. Minnesota Statutes 2004, section 628.26, is 144.28 amended to read: 144.29 628.26 [LIMITATIONS.] 144.30 (a) Indictments or complaints for any crime resulting in 144.31 the death of the victim may be found or made at any time after 144.32 the death of the person killed. 144.33 (b) Indictments or complaints for a violation of section 144.34 609.25 may be found or made at any time after the commission of 144.35 the offense. 144.36 (c) Indictments or complaints for violation of section 145.1 609.282 may be found or made at any time after the commission of 145.2 the offense if the victim was under the age of 18 at the time of 145.3 the offense. 145.4 (d) Indictments or complaints for violation of section 145.5 609.282 where the victim was 18 years of age or older at the 145.6 time of the offense, or 609.42, subdivision 1, clause (1) or 145.7 (2), shall be found or made and filed in the proper court within 145.8 six years after the commission of the offense. 145.9(d)(e) Indictments or complaints for violation of sections 145.10 609.342 to 609.345 if the victim was under the age of 18 years 145.11 at the time the offense was committed, shall be found or made 145.12 and filed in the proper court within nine years after the 145.13 commission of the offense or, if the victim failed to report the 145.14 offense within this limitation period, within three years after 145.15 the offense was reported to law enforcement authorities. 145.16(e)(f) Notwithstanding the limitations in paragraph 145.17(d)(e), indictments or complaints for violation of sections 145.18 609.342 to 609.344 may be found or made and filed in the proper 145.19 court at any time after commission of the offense, if physical 145.20 evidence is collected and preserved that is capable of being 145.21 tested for its DNA characteristics. If this evidence is not 145.22 collected and preserved and the victim was 18 years old or older 145.23 at the time of the offense, the prosecution must be commenced 145.24 within nine years after the commission of the offense. 145.25(f)(g) Indictments or complaints for violation of sections 145.26 609.466 and 609.52, subdivision 2, clause (3), item (iii), shall 145.27 be found or made and filed in the proper court within six years 145.28 after the commission of the offense. 145.29(g)(h) Indictments or complaints for violation of section 145.30 609.52, subdivision 2, clause (3), items (i) and (ii), (4), 145.31 (15), or (16), 609.631, or 609.821, where the value of the 145.32 property or services stolen is more than $35,000, shall be found 145.33 or made and filed in the proper court within five years after 145.34 the commission of the offense. 145.35(h)(i) Except for violations relating to false material 145.36 statements, representations or omissions, indictments or 146.1 complaints for violations of section 609.671 shall be found or 146.2 made and filed in the proper court within five years after the 146.3 commission of the offense. 146.4(i)(j) Indictments or complaints for violation of sections 146.5 609.561 to 609.563, shall be found or made and filed in the 146.6 proper court within five years after the commission of the 146.7 offense. 146.8(j)(k) In all other cases, indictments or complaints shall 146.9 be found or made and filed in the proper court within three 146.10 years after the commission of the offense. 146.11(k)(l) The limitations periods contained in this section 146.12 shall exclude any period of time during which the defendant was 146.13 not an inhabitant of or usually resident within this state. 146.14(l)(m) The limitations periods contained in this section 146.15 for an offense shall not include any period during which the 146.16 alleged offender participated under a written agreement in a 146.17 pretrial diversion program relating to that offense. 146.18(m)(n) The limitations periods contained in this section 146.19 shall not include any period of time during which physical 146.20 evidence relating to the offense was undergoing DNA analysis, as 146.21 defined in section 299C.155, unless the defendant demonstrates 146.22 that the prosecuting or law enforcement agency purposefully 146.23 delayed the DNA analysis process in order to gain an unfair 146.24 advantage. 146.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 146.26 and applies to crimes committed on or after that date. 146.27 Sec. 41. [CERTAIN MINNESOTA SENTENCING GUIDELINES 146.28 COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.] 146.29 The following modifications proposed by the Minnesota 146.30 Sentencing Guidelines Commission in its January 2005 report to 146.31 the legislature are adopted and take effect on August 1, 2005: 146.32 (1) those described as "I. Modifications Related to 146.33 Blakely Decision" on pages 11 to 18 of the report; and 146.34 (2) those described as "II. Other Adopted Modifications" 146.35 on page 19 of the report. 146.36 The modifications described as "III. Adopted Modifications 147.1 Related to Sex Offenses" on pages 20 to 42 of the report are 147.2 rejected and do not go into effect. 147.3 [EFFECTIVE DATE.] This section is effective the day 147.4 following final enactment. 147.5 Sec. 42. [REPEALER.] 147.6 Minnesota Statutes 2004, section 609.725, is repealed. 147.7 [EFFECTIVE DATE.] This section is effective August 1, 2005, 147.8 and applies to crimes committed on or after that date. 147.9 ARTICLE 8 147.10 911 EMERGENCY TELECOMMUNICATIONS SERVICES 147.11 Section 1. [237.491] [COMBINED PER NUMBER FEE.] 147.12 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 147.13 subdivision apply to this section. 147.14 (b) "911 emergency and public safety communications program" 147.15 means the program governed by chapter 403. 147.16 (c) "Minnesota telephone number" means a ten-digit 147.17 telephone number being used to connect to the public switched 147.18 telephone network and starting with area code 218, 320, 507, 147.19 612, 651, 763, or 952, or any subsequent area code assigned to 147.20 this state. 147.21 (d) "Service provider" means a provider doing business in 147.22 this state who provides real time, two-way voice service with a 147.23 Minnesota telephone number. 147.24 (e) "Telecommunications access Minnesota program" means the 147.25 program governed by sections 237.50 to 237.55. 147.26 (f) "Telephone assistance program" means the program 147.27 governed by sections 237.69 to 237.711. 147.28 Subd. 2. [PER NUMBER FEE.] (a) By January 15, 2006, the 147.29 commissioner of commerce shall report to the legislature and to 147.30 the senate Committee on Jobs, Energy, and Community Development 147.31 and the house Committee on Regulated Industries, recommendations 147.32 for the amount of and method for assessing a fee that would 147.33 apply to each service provider based upon the number of 147.34 Minnesota telephone numbers in use by current customers of the 147.35 service provider. The fee would be set at a level calculated to 147.36 generate only the amount of revenue necessary to fund: 148.1 (1) the telephone assistance program and the 148.2 telecommunications access Minnesota program at the levels 148.3 established by the commission under sections 237.52, subdivision 148.4 2, and 237.70; and 148.5 (2) the 911 emergency and public safety communications 148.6 program at the levels appropriated by law to the commissioner of 148.7 public safety and the commissioner of finance for purposes of 148.8 sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each 148.9 fiscal year. 148.10 (b) The recommendations must include any changes to 148.11 Minnesota Statutes necessary to establish the procedures whereby 148.12 each service provider, to the extent allowed under federal law, 148.13 would collect and remit the fee proceeds to the commissioner of 148.14 revenue. The commissioner of revenue would allocate the fee 148.15 proceeds to the three funding areas in paragraph (a) and credit 148.16 the allocations to the appropriate accounts. 148.17 (c) The recommendations must be designed to allow the 148.18 combined per telephone number fee to be collected beginning July 148.19 1, 2006. The per access line fee used to collect revenues to 148.20 support the TAP, TAM, and 911 programs remains in effect until 148.21 the statutory changes necessary to implement the per telephone 148.22 number fee have been enacted into law and taken effect. 148.23 (d) As part of the process of developing the 148.24 recommendations and preparing the report to the legislature 148.25 required under paragraph (a), the commissioner of commerce must, 148.26 at a minimum, consult regularly with the Departments of Public 148.27 Safety, Finance, and Administration, the Public Utilities 148.28 Commission, service providers, the chairs and ranking minority 148.29 members of the senate and house committees, subcommittees, and 148.30 divisions having jurisdiction over telecommunications and public 148.31 safety, and other affected parties. 148.32 Sec. 2. Minnesota Statutes 2004, section 237.70, 148.33 subdivision 7, is amended to read: 148.34 Subd. 7. [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION, 148.35 COMPLAINT INVESTIGATION.] The telephone assistance plan must be 148.36 administered jointly by the commission, the Department of 149.1 Commerce, and the local service providers in accordance with the 149.2 following guidelines: 149.3 (a) The commission and the Department of Commerce shall 149.4 develop an application form that must be completed by the 149.5 subscriber for the purpose of certifying eligibility for 149.6 telephone assistance plan credits to the local service 149.7 provider. The application must contain the applicant's Social 149.8 Security number. Applicants who refuse to provide a Social 149.9 Security number will be denied telephone assistance plan 149.10 credits. The application form must also include a statement 149.11 that the applicant household is currently eligible for one of 149.12 the programs that confers eligibility for the federal Lifeline 149.13 Program. The application must be signed by the applicant, 149.14 certifying, under penalty of perjury, that the information 149.15 provided by the applicant is true. 149.16 (b) Each local service provider shall annually mail a 149.17 notice of the availability of the telephone assistance plan to 149.18 each residential subscriber in a regular billing and shall mail 149.19 the application form to customers when requested. 149.20 The notice must state the following: 149.21 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 149.22 BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE 149.23 PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE 149.24 CONTACT ......... 149.25 (c) An application may be made by the subscriber, the 149.26 subscriber's spouse, or a person authorized by the subscriber to 149.27 act on the subscriber's behalf. On completing the application 149.28 certifying that the statutory criteria for eligibility are 149.29 satisfied, the applicant must return the application to the 149.30 subscriber's local service provider. On receiving a completed 149.31 application from an applicant, the subscriber's local service 149.32 provider shall provide telephone assistance plan credits against 149.33 monthly charges in the earliest possible month following receipt 149.34 of the application. The applicant must receive telephone 149.35 assistance plan credits until the earliest possible month 149.36 following the service provider's receipt of information that the 150.1 applicant is ineligible. 150.2 If the telephone assistance plan credit is not itemized on the 150.3 subscriber's monthly charges bill for local telephone service, 150.4 the local service provider must notify the subscriber of the 150.5 approval for the telephone assistance plan credit. 150.6 (d) The commission shall serve as the coordinator of the 150.7 telephone assistance plan and be reimbursed for its 150.8 administrative expenses from the surcharge revenue pool. As the 150.9 coordinator, the commission shall: 150.10 (1) establish a uniform statewide surcharge in accordance 150.11 with subdivision 6; 150.12 (2) establish a uniform statewide level of telephone 150.13 assistance plan credit that each local service provider shall 150.14 extend to each eligible household in its service area; 150.15 (3) require each local service provider to account to the 150.16 commission on a periodic basis for surcharge revenues collected 150.17 by the provider, expenses incurred by the provider, not to 150.18 include expenses of collecting surcharges, and credits extended 150.19 by the provider under the telephone assistance plan; 150.20 (4) require each local service provider to remit surcharge 150.21 revenues to the Department ofAdministrationPublic Safety for 150.22 deposit in the fund; and 150.23 (5) remit to each local service provider from the surcharge 150.24 revenue pool the amount necessary to compensate the provider for 150.25 expenses, not including expenses of collecting the surcharges, 150.26 and telephone assistance plan credits. When it appears that the 150.27 revenue generated by the maximum surcharge permitted under 150.28 subdivision 6 will be inadequate to fund any particular 150.29 established level of telephone assistance plan credits, the 150.30 commission shall reduce the credits to a level that can be 150.31 adequately funded by the maximum surcharge. Similarly, the 150.32 commission may increase the level of the telephone assistance 150.33 plan credit that is available or reduce the surcharge to a level 150.34 and for a period of time that will prevent an unreasonable 150.35 overcollection of surcharge revenues. 150.36 (e) Each local service provider shall maintain adequate 151.1 records of surcharge revenues, expenses, and credits related to 151.2 the telephone assistance plan and shall, as part of its annual 151.3 report or separately, provide the commission and the Department 151.4 of Commerce with a financial report of its experience under the 151.5 telephone assistance plan for the previous year. That report 151.6 must also be adequate to satisfy the reporting requirements of 151.7 the federal matching plan. 151.8 (f) The Department of Commerce shall investigate complaints 151.9 against local service providers with regard to the telephone 151.10 assistance plan and shall report the results of its 151.11 investigation to the commission. 151.12 Sec. 3. Minnesota Statutes 2004, section 403.02, 151.13 subdivision 7, is amended to read: 151.14 Subd. 7. [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic 151.15 location identification" means the process of electronically 151.16 identifying and displayingon a special viewing screenthe name 151.17 of the subscriber and the location, where available, of the 151.18 calling telephone number to a person answering a 911 emergency 151.19 call. 151.20 Sec. 4. Minnesota Statutes 2004, section 403.02, 151.21 subdivision 13, is amended to read: 151.22 Subd. 13. [ENHANCED 911 SERVICE.] "Enhanced 911 service" 151.23 means the use ofselective routing,automatic location 151.24 identification,or local location identification as part of 151.25 local 911 service provided by an enhanced 911 system consisting 151.26 of a common 911 network and database and customer data and 151.27 network components connecting to the common 911 network and 151.28 database. 151.29 Sec. 5. Minnesota Statutes 2004, section 403.02, 151.30 subdivision 17, is amended to read: 151.31 Subd. 17. [911 SERVICE.] "911 service" means a 151.32 telecommunications service that automatically connects a person 151.33 dialing the digits 911 to an established public safety answering 151.34 point. 911 service includes: 151.35 (1)equipment for connecting and outswitching 911 calls151.36within a telephone central office, trunking facilities from the152.1central office to a public safety answering pointcustomer data 152.2 and network components connecting to the common 911 network and 152.3 database; 152.4 (2) common 911 network and database equipment, as 152.5 appropriate, for automatically selectively routing 911 callsin152.6situations where one telephone central office serves more than152.7oneto the public safety answering point serving the caller's 152.8 jurisdiction; and 152.9 (3) provision of automatic location identification if the 152.10 public safety answering point has the capability of providing 152.11 that service. 152.12 Sec. 6. Minnesota Statutes 2004, section 403.02, is 152.13 amended by adding a subdivision to read: 152.14 Subd. 17a. [911 EMERGENCY TELECOMMUNICATIONS SERVICE 152.15 PROVIDER.] "911 emergency telecommunications service provider" 152.16 means a telecommunications service provider or other entity, 152.17 determined by the commissioner to be capable of providing 152.18 effective and efficient components of the 911 system, that 152.19 provides all or portions of the network and database for 152.20 automatically selectively routing 911 calls to the public safety 152.21 answering point serving the caller's jurisdiction. 152.22 Sec. 7. Minnesota Statutes 2004, section 403.025, 152.23 subdivision 3, is amended to read: 152.24 Subd. 3. [WIRE-LINECONNECTED TELECOMMUNICATIONS SERVICE 152.25 PROVIDER REQUIREMENTS.] Every owner and operator of a 152.26 wire-line or wireless circuit switched or packet-based 152.27 telecommunications system connected to the public switched 152.28 telephone network shall design and maintain the system to dial 152.29 the 911 number without charge to the caller. 152.30 Sec. 8. Minnesota Statutes 2004, section 403.025, 152.31 subdivision 7, is amended to read: 152.32 Subd. 7. [CONTRACTUAL REQUIREMENTS.] (a) The state, 152.33 together with the county or other governmental agencies 152.34 operating public safety answering points, shall contract with 152.35 the appropriate wire-line telecommunications service 152.36 providers or other entities determined by the commissioner to be 153.1 capable of providing effective and efficient components of the 153.2 911 system for the operation, maintenance, enhancement, and 153.3 expansion of the 911 system. 153.4 (b) The state shall contract with the appropriate wireless 153.5 telecommunications service providers for maintaining, enhancing, 153.6 and expanding the 911 system. 153.7 (c) The contract language or subsequent amendments to the 153.8 contract must include a description of the services to be 153.9 furnishedby wireless and wire-line telecommunications service153.10providersto the county or other governmental agencies operating 153.11 public safety answering points, as well as compensation based on153.12the effective tariff or price list approved by the Public153.13Utilities Commission. The contract language or subsequent 153.14 amendments must include the terms of compensation based on the 153.15 effective tariff or price list filed with the Public Utilities 153.16 Commission or the prices agreed to by the parties. 153.17 (d) The contract language or subsequent amendments to 153.18 contracts between the parties must contain a provision for 153.19 resolving disputes. 153.20 Sec. 9. Minnesota Statutes 2004, section 403.05, 153.21 subdivision 3, is amended to read: 153.22 Subd. 3. [AGREEMENTS FOR SERVICE.] Each county and any 153.23 other governmental agency shall contract with the state and 153.24 wire-line telecommunications service providers or other entities 153.25 determined by the commissioner to be capable of providing 153.26 effective and efficient components of the 911 system for the 153.27 recurring and nonrecurring costs associated with operating and 153.28 maintaining 911 emergency communications systems. 153.29 Sec. 10. Minnesota Statutes 2004, section 403.07, 153.30 subdivision 3, is amended to read: 153.31 Subd. 3. [DATABASE.] In 911 systems that have been 153.32 approved by the commissioner for a local location identification 153.33 database, each wire-line telecommunications service provider 153.34 shall provide current customer names, service addresses, and 153.35 telephone numbers to each public safety answering point within 153.36 the 911 system and shall update the information according to a 154.1 schedule prescribed by the county 911 plan. Information 154.2 provided under this subdivision must be provided in accordance 154.3 with the transactional record disclosure requirements of the 154.4 federalElectronicCommunicationsPrivacyAct of19861932, 154.5 United States Code, title1847, section2703222, 154.6 subsection(c), paragraph (1), subparagraph (B)(iv)(g). 154.7 Sec. 11. Minnesota Statutes 2004, section 403.08, 154.8 subdivision 10, is amended to read: 154.9 Subd. 10. [PLAN INTEGRATION.] Counties shall incorporate 154.10 the statewide design when modifying county 911 plans to provide 154.11 for integrating wireless 911 service into existing county 911 154.12 systems. The commissioner shall contract with the involved 154.13 wireless service providers and 911 emergency telecommunications 154.14 service providers to integrate cellular and other wireless 154.15 services into existing 911 systems where feasible. 154.16 Sec. 12. Minnesota Statutes 2004, section 403.11, 154.17 subdivision 1, is amended to read: 154.18 Subdivision 1. [EMERGENCY TELECOMMUNICATIONS SERVICE FEE; 154.19 ACCOUNT.] (a) Each customer of a wireless or wire-line switched 154.20 or packet-based telecommunications service provider connected to 154.21 the public switched telephone network that furnishes service 154.22 capable of originating a 911 emergency telephone call is 154.23 assessed a fee based upon the number of wired or wireless 154.24 telephone lines, or their equivalent, to cover the costs of 154.25 ongoing maintenance and related improvements for trunking and 154.26 central office switching equipment for 911 emergency 154.27 telecommunications service, plus administrative and staffing 154.28 costs of the commissioner related to managing the 911 emergency 154.29 telecommunications service program. Recurring charges by a 154.30 wire-line telecommunications service provider for updating the 154.31 information required by section 403.07, subdivision 3, must be 154.32 paid by the commissioner if the wire-line telecommunications 154.33 service provider is included in an approved 911 plan and the 154.34 charges are made pursuant totariff, price list, orcontract. 154.35 The fee assessed under this section must also be used for the 154.36 purpose of offsetting the costs, including administrative and 155.1 staffing costs, incurred by the State Patrol Division of the 155.2 Department of Public Safety in handling 911 emergency calls made 155.3 from wireless phones. 155.4 (b) Money remaining in the 911 emergency telecommunications 155.5 service account after all other obligations are paid must not 155.6 cancel and is carried forward to subsequent years and may be 155.7 appropriated from time to time to the commissioner to provide 155.8 financial assistance to counties for the improvement of local 155.9 emergency telecommunications services. The improvements may 155.10 include providing access to 911 service for telecommunications 155.11 service subscribers currently without access and upgrading 155.12 existing 911 service to include automatic number identification, 155.13 local location identification, automatic location 155.14 identification, and other improvements specified in revised 155.15 county 911 plans approved by the commissioner. 155.16 (c) The fee may not be less than eight cents nor more than 155.174065 cents a month for each customer access line or other basic 155.18 access service, including trunk equivalents as designated by the 155.19 Public Utilities Commission for access charge purposes and 155.20 including wireless telecommunications services. With the 155.21 approval of the commissioner of finance, the commissioner of 155.22 public safety shall establish the amount of the fee within the 155.23 limits specified and inform the companies and carriers of the 155.24 amount to be collected. When the revenue bonds authorized under 155.25 section 403.27, subdivision 1, have been fully paid or defeased, 155.26 the commissioner shall reduce the fee to reflect that debt 155.27 service on the bonds is no longer needed. The commissioner 155.28 shall provide companies and carriers a minimum of 45 days' 155.29 notice of each fee change. The fee must be the same for all 155.30 customers. 155.31 (d) The fee must be collected by each wireless or wire-line 155.32 telecommunications service provider subject to the fee. Fees 155.33 are payable to and must be submitted to the commissioner monthly 155.34 before the 25th of each month following the month of collection, 155.35 except that fees may be submitted quarterly if less than $250 a 155.36 month is due, or annually if less than $25 a month is due. 156.1 Receipts must be deposited in the state treasury and credited to 156.2 a 911 emergency telecommunications service account in the 156.3 special revenue fund. The money in the account may only be used 156.4 for 911 telecommunications services. 156.5 (e) This subdivision does not apply to customers of 156.6 interexchange carriers. 156.7 (f) The installation and recurring charges for integrating 156.8 wireless 911 calls into enhanced 911 systems must be paid by the 156.9 commissioner if the 911 service provider is included in the 156.10 statewide design plan and the charges are made pursuant to 156.11tariff, price list, orcontract. 156.12 (g) Notwithstanding any provision of this chapter to the 156.13 contrary, the commissioner need not contract for or agree to pay 156.14 for any services that a wire-line or wireless telecommunication 156.15 service provider is required by federal law or federal 156.16 regulation to provide. 156.17 Sec. 13. Minnesota Statutes 2004, section 403.11, 156.18 subdivision 3, is amended to read: 156.19 Subd. 3. [METHOD OF PAYMENT.] (a) Any wireless or 156.20 wire-line telecommunications service provider incurring 156.21 reimbursable costs under subdivision 1 shall submit an invoice 156.22 itemizing rate elements by county or service area to the 156.23 commissioner for 911 services furnished undertariff, price156.24list, orcontract. Any wireless or wire-line telecommunications 156.25 service provider is eligible to receive payment for 911 services 156.26 rendered according to the terms and conditions specified in the 156.27 contract. Competitive local exchange carriers holding 156.28 certificates of authority from the Public Utilities Commission 156.29 are eligible to receive payment for recurring 911 services 156.30 provided after July 1, 2001. The commissioner shall pay the 156.31 invoice within 30 days following receipt of the invoice unless 156.32 the commissioner notifies the service provider that the 156.33 commissioner disputes the invoice. 156.34 (b) The commissioner shall estimate the amount required to 156.35 reimburse 911 emergency telecommunications service providers and 156.36 wireless and wire-line telecommunications service providers for 157.1 the state's obligations under subdivision 1 and the governor 157.2 shall include the estimated amount in the biennial budget 157.3 request. 157.4 Sec. 14. Minnesota Statutes 2004, section 403.11, 157.5 subdivision 3a, is amended to read: 157.6 Subd. 3a. [TIMELY CERTIFICATION.] A certification must be 157.7 submitted to the commissioner no later thantwo yearsone year 157.8 after commencing a new or additional eligible 911 service.Any157.9wireless or wire-line telecommunications service provider157.10incurring reimbursable costs under this section at any time157.11before January 1, 2003, may certify those costs for payment to157.12the commissioner according to this section for a period of 90157.13days after January 1, 2003. During this period, the157.14commissioner shall reimburse any wireless or wire-line157.15telecommunications service provider for approved, certified157.16costs without regard to any contrary provision of this157.17subdivisionEach applicable contract must provide that, if 157.18 certified expenses under the contract deviate from estimates in 157.19 the contract by more than ten percent, the commissioner may 157.20 reduce the level of service without incurring any termination 157.21 fees. 157.22 Sec. 15. Minnesota Statutes 2004, section 403.113, 157.23 subdivision 1, is amended to read: 157.24 Subdivision 1. [FEE.] (a) Each customer receiving service 157.25 from a wireless or wire-line switched or packet-based 157.26 telecommunications service provider connected to the public 157.27 telephone network that furnishes service capable of originating 157.28 a 911 emergency telephone call is assessed a fee to fund 157.29 implementation, operation, maintenance, enhancement, and 157.30 expansion of enhanced 911 service, including acquisition of 157.31 necessary equipment and the costs of the commissioner to 157.32 administer the program. The actual fee assessed under section 157.33 403.11 and the enhanced 911 service fee must be collected as one 157.34 amount and may not exceed the amount specified in section 157.35 403.11, subdivision 1, paragraph (c). 157.36 (b) The enhanced 911 service fee must be collected and 158.1 deposited in the same manner as the fee in section 403.11 and 158.2 used solely for the purposes of paragraph (a) and subdivision 3. 158.3 (c) The commissioner, in consultation with counties and 911 158.4 system users, shall determine the amount of the enhanced 911 158.5 service fee.The fee must include at least ten cents per month158.6to be distributed under subdivision 2.The commissioner shall 158.7 inform wireless and wire-line telecommunications service 158.8 providers that provide service capable of originating a 911 158.9 emergency telephone call of the total amount of the 911 service 158.10 fees in the same manner as provided in section 403.11. 158.11 Sec. 16. Minnesota Statutes 2004, section 403.27, 158.12 subdivision 1, is amended to read: 158.13 Subdivision 1. [AUTHORIZATION.](a)After consulting with 158.14 the commissioner of finance, the council, if requested by a vote 158.15 of at least two-thirds of all of the members of the Metropolitan 158.16 Radio Board, may, by resolution, authorize the issuance of its 158.17 revenue bonds for any of the following purposes to: 158.18 (1) provide funds for regionwide mutual aid and emergency 158.19 medical services communications; 158.20 (2) provide funds for the elements of the first phase of 158.21 the regionwide public safety radio communication system that the 158.22 board determines are of regionwide benefit and support mutual 158.23 aid and emergency medical services communication including, but 158.24 not limited to, costs of master controllers of the backbone; 158.25 (3) provide money for the second phase of the public safety 158.26 radio communication system; 158.27 (4) to the extent money is available after meeting the 158.28 needs described in clauses (1) to (3), provide money to 158.29 reimburse local units of government for amounts expended for 158.30 capital improvements to the first phase system previously paid 158.31 for by the local government units; or 158.32 (5) refund bonds issued under this section. 158.33(b) After consulting with the commissioner of finance, the158.34council, if requested by a vote of at least two-thirds of all of158.35the members of the Statewide Radio Board, may, by resolution,158.36authorize the issuance of its revenue bonds to provide money for159.1the third phase of the public safety radio communication system.159.2 Sec. 17. Minnesota Statutes 2004, section 403.27, 159.3 subdivision 3, is amended to read: 159.4 Subd. 3. [LIMITATIONS.] (a) The principal amount of the 159.5 bonds issued pursuant to subdivision 1, exclusive of any 159.6 original issue discount, shall not exceed the amount of 159.7 $10,000,000 plus the amount the council determines necessary to 159.8 pay the costs of issuance, fund reserves, debt service, and pay 159.9 for any bond insurance or other credit enhancement. 159.10 (b) In addition to the amount authorized under paragraph 159.11 (a), the council may issue bonds under subdivision 1 in a 159.12 principal amount of $3,306,300, plus the amount the council 159.13 determines necessary to pay the cost of issuance, fund reserves, 159.14 debt service, and any bond insurance or other credit 159.15 enhancement. The proceeds of bonds issued under this paragraph 159.16 may not be used to finance portable or subscriber radio sets. 159.17(c) In addition to the amount authorized under paragraphs159.18(a) and (b), the council may issue bonds under subdivision 1 in159.19a principal amount of $18,000,000, plus the amount the council159.20determines necessary to pay the costs of issuance, fund159.21reserves, debt service, and any bond insurance or other credit159.22enhancement. The proceeds of bonds issued under this paragraph159.23must be used to pay up to 50 percent of the cost to a local159.24government unit of building a subsystem and may not be used to159.25finance portable or subscriber radio sets. The bond proceeds159.26may be used to make improvements to an existing 800 MHz radio159.27system that will interoperate with the regionwide public safety159.28radio communication system, provided that the improvements159.29conform to the board's plan and technical standards. The159.30council must time the sale and issuance of the bonds so that the159.31debt service on the bonds can be covered by the additional159.32revenue that will become available in the fiscal year ending159.33June 30, 2005, generated under section 403.11 and appropriated159.34under section 403.30.159.35(d) In addition to the amount authorized under paragraphs159.36(a) to (c), the council may issue bonds under subdivision 1 in a160.1principal amount of up to $27,000,000, plus the amount the160.2council determines necessary to pay the costs of issuance, fund160.3reserves, debt service, and any bond insurance or other credit160.4enhancement. The proceeds of bonds issued under this paragraph160.5are appropriated to the commissioner of public safety for phase160.6three of the public safety radio communication system. In160.7anticipation of the receipt by the commissioner of public safety160.8of the bond proceeds, the Metropolitan Radio Board may advance160.9money from its operating appropriation to the commissioner of160.10public safety to pay for design and preliminary engineering for160.11phase three. The commissioner of public safety must return160.12these amounts to the Metropolitan Radio Board when the bond160.13proceeds are received.160.14 Sec. 18. [403.275] [STATE 911 REVENUE BONDS.] 160.15 Subdivision 1. [BONDING AUTHORITY.] (a) The commissioner 160.16 of finance, if requested by a vote of at least two-thirds of all 160.17 the members of the Statewide Radio Board, shall sell and issue 160.18 state revenue bonds for the following purposes: 160.19 (1) to pay the costs of the statewide public safety radio 160.20 communication system that the board determines are of regional 160.21 or statewide benefit and support mutual aid and emergency 160.22 medical services communication, including, but not limited to, 160.23 costs of master controllers of the backbone; 160.24 (2) to pay the costs of issuance, debt service, and bond 160.25 insurance or other credit enhancements, and to fund reserves; 160.26 and 160.27 (3) to refund bonds issued under this section. 160.28 (b) The amount of bonds that may be issued for the purposes 160.29 of clause (1) will be set from time to time by law; the amount 160.30 of bonds that may be issued for the purposes of clauses (2) and 160.31 (3) is not limited. 160.32 (c) The bond proceeds may be used to to pay up to 50 160.33 percent of the cost to a local government unit of building a 160.34 subsystem. The bond proceeds may be used to make improvements 160.35 to an existing 800 MHz radio system that will interoperate with 160.36 the regionwide public safety radio communication system, 161.1 provided that the improvements conform to the board's plan and 161.2 technical standards. The bond proceeds may not be used to pay 161.3 for portable or subscriber radio sets. 161.4 Subd. 2. [PROCEDURE.] (a) The commissioner may sell and 161.5 issue the bonds on the terms and conditions the commissioner 161.6 determines to be in the best interests of the state. The bonds 161.7 may be sold at public or private sale. The commissioner may 161.8 enter any agreements or pledges the commissioner determines 161.9 necessary or useful to sell the bonds that are not inconsistent 161.10 with sections 403.21 to 403.40. Sections 16A.672 to 16A.675 161.11 apply to the bonds. The proceeds of the bonds issued under this 161.12 section must be credited to a special 911 revenue bond proceeds 161.13 account in the state treasury. 161.14 (b) Before the proceeds are received in the 911 revenue 161.15 bond proceeds account, the commissioner of finance may transfer 161.16 to the account from the 911 emergency telecommunications service 161.17 account amounts not exceeding the expected proceeds from the 161.18 next bond sale. The commissioner of finance shall return these 161.19 amounts to the 911 emergency telecommunications service account 161.20 by transferring proceeds when received. The amounts of these 161.21 transfers are appropriated from the 911 emergency 161.22 telecommunications service account and from the 911 revenue bond 161.23 proceeds account. 161.24 Subd. 3. [REVENUE SOURCES.] The debt service on the bonds 161.25 is payable only from the following sources: 161.26 (1) revenue credited to the 911 emergency 161.27 telecommunications service account from the fee imposed and 161.28 collected under section 237.491 or 403.11, subdivision 1, or 161.29 from any other source; and 161.30 (2) other revenues pledged to the payment of the bonds. 161.31 Subd. 4. [REFUNDING BONDS.] The commissioner may issue 161.32 bonds to refund outstanding bonds issued under subdivision 1, 161.33 including the payment of any redemption premiums on the bonds 161.34 and any interest accrued or to accrue to the first redemption 161.35 date after delivery of the refunding bonds. The proceeds of the 161.36 refunding bonds may, in the discretion of the commissioner, be 162.1 applied to the purchases or payment at maturity of the bonds to 162.2 be refunded, or the redemption of the outstanding bonds on the 162.3 first redemption date after delivery of the refunding bonds and 162.4 may, until so used, be placed in escrow to be applied to the 162.5 purchase, retirement, or redemption. Refunding bonds issued 162.6 under this subdivision must be issued and secured in the manner 162.7 provided by the commissioner. 162.8 Subd. 5. [NOT A GENERAL OR MORAL OBLIGATION.] Bonds issued 162.9 under this section are not public debt, and the full faith, 162.10 credit, and taxing powers of the state are not pledged for their 162.11 payment. The bonds may not be paid, directly in whole or in 162.12 part from a tax of statewide application on any class of 162.13 property, income, transaction, or privilege. Payment of the 162.14 bonds is limited to the revenues explicitly authorized to be 162.15 pledged under this section. The state neither makes nor has a 162.16 moral obligation to pay the bonds if the pledged revenues and 162.17 other legal security for them is insufficient. 162.18 Subd. 6. [TRUSTEE.] The commissioner may contract with and 162.19 appoint a trustee for bond holders. The trustee has the powers 162.20 and authority vested in it by the commissioner under the bond 162.21 and trust indentures. 162.22 Subd. 7. [PLEDGES.] Any pledge made by the commissioner is 162.23 valid and binding from the time the pledge is made. The money 162.24 or property pledged and later received by the commissioner is 162.25 immediately subject to the lien of the pledge without any 162.26 physical delivery of the property or money or further act, and 162.27 the lien of any pledge is valid and binding as against all 162.28 parties having claims of any kind in tort, contract, or 162.29 otherwise against the commissioner, whether or not those parties 162.30 have notice of the lien or pledge. Neither the order nor any 162.31 other instrument by which a pledge is created need be recorded. 162.32 Subd. 8. [BONDS; PURCHASE AND CANCELLATION.] The 162.33 commissioner, subject to agreements with bondholders that may 162.34 then exist, may, out of any money available for the purpose, 162.35 purchase bonds of the commissioner at a price not exceeding (1) 162.36 if the bonds are then redeemable, the redemption price then 163.1 applicable plus accrued interest to the next interest payment 163.2 date thereon, or (2) if the bonds are not redeemable, the 163.3 redemption price applicable on the first date after the purchase 163.4 upon which the bonds become subject to redemption plus accrued 163.5 interest to that date. 163.6 Subd. 9. [STATE PLEDGE AGAINST IMPAIRMENT OF CONTRACTS.] 163.7 The state pledges and agrees with the holders of any bonds that 163.8 the state will not limit or alter the rights vested in the 163.9 commissioner to fulfill the terms of any agreements made with 163.10 the bondholders, or in any way impair the rights and remedies of 163.11 the holders until the bonds, together with interest on them, 163.12 with interest on any unpaid installments of interest, and all 163.13 costs and expenses in connection with any action or proceeding 163.14 by or on behalf of the bondholders, are fully met and 163.15 discharged. The commissioner may include this pledge and 163.16 agreement of the state in any agreement with the holders of 163.17 bonds issued under this section. 163.18 Sec. 19. Minnesota Statutes 2004, section 403.30, 163.19 subdivision 1, is amended to read: 163.20 Subdivision 1. [STANDING APPROPRIATION; COSTS COVERED.] 163.21For each fiscal year beginning with the fiscal year commencing163.22July 1, 1997,The amount necessary to paythe followingdebt 163.23 service costs and reserves for bonds issued by the Metropolitan 163.24 Council under section 403.27 or by the commissioner of finance 163.25 under section 403.275 is appropriatedto the commissioner of163.26public safetyfrom the 911 emergency telecommunications service 163.27 account established under section 403.11:163.28(1) debt service costs and reserves for bonds issued163.29pursuant to section 403.27;163.30(2) repayment of the right-of-way acquisition loans;163.31(3) costs of design, construction, maintenance of, and163.32improvements to those elements of the first, second, and third163.33phases that support mutual aid communications and emergency163.34medical services;163.35(4) recurring charges for leased sites and equipment for163.36those elements of the first, second, and third phases that164.1support mutual aid and emergency medical communication services;164.2or164.3(5) aid to local units of government for sites and164.4equipment in support of mutual aid and emergency medical164.5communications servicesto the commissioner of finance. The 164.6 commissioner of finance shall transmit the necessary amounts to 164.7 the Metropolitan Council as requested by the council. 164.8 This appropriation shall be used to pay annual debt service 164.9 costs and reserves for bonds issued pursuant to section 164.10 403.27 or 403.275 prior to use of fee money to pay other 164.11 costseligible under this subdivision. In no event shall the164.12appropriation for each fiscal year exceed an amount equal to164.13four cents a month for each customer access line or other basic164.14access service, including trunk equivalents as designated by the164.15Public Utilities Commission for access charge purposes and164.16including cellular and other nonwire access services, in the164.17fiscal year. Beginning July 1, 2004, this amount will increase164.18to 13 cents a monthor to support other appropriations. 164.19 Sec. 20. [REPEALER.] 164.20 Minnesota Statutes 2004, section 403.30, subdivision 3, is 164.21 repealed. 164.22 Sec. 21. [EFFECTIVE DATE.] 164.23 Sections 1 to 20 are effective the day following final 164.24 enactment and apply to contracts entered into on or after that 164.25 date. 164.26 ARTICLE 9 164.27 MISCELLANEOUS PROVISIONS 164.28 Section 1. Minnesota Statutes 2004, section 171.06, is 164.29 amended by adding a subdivision to read: 164.30 Subd. 2c. [$1 SURCHARGE.] In addition to the fees required 164.31 in subdivision 2, the commissioner shall collect a $1 surcharge 164.32 on every license or identification card issued under this 164.33 section. The proceeds of the surcharge must be deposited in the 164.34 state treasury and credited to the Minnesota Financial Crimes 164.35 Oversight Council account created in section 299A.681, 164.36 subdivision 10. 165.1 [EFFECTIVE DATE.] This section is effective July 1, 2005. 165.2 Sec. 2. Minnesota Statutes 2004, section 171.20, 165.3 subdivision 4, is amended to read: 165.4 Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is 165.5 reinstated, (1) a person whose driver's license has been 165.6 suspended under section 171.16,subdivisionsubdivisions 2 and 165.7 3; 171.18, except subdivision 1, clause (10); or 171.182, or who 165.8 has been disqualified from holding a commercial driver's license 165.9 under section 171.165, and (2) a person whose driver's license 165.10 has been suspended under section 171.186 and who is not exempt 165.11 from such a fee, must pay a fee of $20. 165.12 (b) Before the license is reinstated, a person whose 165.13 license has been suspended under sections 169.791 to 169.798 165.14 must pay a $20 reinstatement fee. 165.15 (c) When fees are collected by a licensing agent appointed 165.16 under section 171.061, a handling charge is imposed in the 165.17 amount specified under section 171.061, subdivision 4. The 165.18 reinstatement fee and surcharge must be deposited in an approved 165.19 state depository as directed under section 171.061, subdivision 165.20 4. 165.21 (d) Reinstatement fees collected under paragraph (a) for 165.22 suspensions under sections 171.16, subdivision 3, and 171.18, 165.23 subdivision 1, clause (10), shall be deposited in the special 165.24 revenue fund and are appropriated to the Peace Officer Standards 165.25 and Training Board for peace officer training reimbursement to 165.26 local units of government. 165.27 (e) A suspension may be rescinded without fee for good 165.28 cause. 165.29 [EFFECTIVE DATE.] This section is effective July 1, 2005. 165.30 Sec. 3. Minnesota Statutes 2004, section 171.26, is 165.31 amended to read: 165.32 171.26 [MONEY CREDITED TO FUNDS.] 165.33 All money received under this chapter must be paid into the 165.34 state treasury and credited to the trunk highway fund, except as 165.35 provided in sections 171.06, subdivision 2a; 171.07, subdivision 165.36 11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4, 166.1 paragraph (d); and 171.29, subdivision 2, paragraph (b). 166.2 [EFFECTIVE DATE.] This section is effective July 1, 2005. 166.3 Sec. 4. Minnesota Statutes 2004, section 244.09, 166.4 subdivision 11, is amended to read: 166.5 Subd. 11. [MODIFICATION.] The commission shall meet as 166.6 necessary for the purpose of modifying and improving the 166.7 guidelines. Any modification which amends the Sentencing 166.8 Guidelines grid, including severity levels and criminal history 166.9 scores, or which would result in the reduction of any sentence 166.10 or in the early release of any inmate, with the exception of a 166.11 modification mandated or authorized by the legislature or 166.12 relating to a crime created or amended by the legislature in the 166.13 preceding session, shall be submitted to the legislature by 166.14 January115 of any year in which the commission wishes to make 166.15 the change and shall be effective on August 1 of that year, 166.16 unless the legislature by law provides otherwise. All other 166.17 modifications shall take effect according to the procedural 166.18 rules of the commission. On or before January115 of each 166.19 year, the commission shall submit a written report to the 166.20 committees of the senate and the house of representatives with 166.21 jurisdiction over criminal justice policy that identifies and 166.22 explains all modifications made during the preceding 12 months 166.23 and all proposed modifications that are being submitted to the 166.24 legislature that year. 166.25 [EFFECTIVE DATE.] This section is effective August 1, 2005, 166.26 and applies to reports submitted on or after that date. 166.27 Sec. 5. Minnesota Statutes 2004, section 244.18, 166.28 subdivision 2, is amended to read: 166.29 Subd. 2. [LOCAL CORRECTIONAL FEES.] A local correctional 166.30 agency may establish a schedule of local correctional fees to 166.31 charge personsconvicted of a crime andunder the supervision 166.32 and control of the local correctional agency to defray costs 166.33 associated with correctional services. The local correctional 166.34 fees on the schedule must be reasonably related to defendants' 166.35 abilities to pay and the actual cost of correctional services. 166.36 [EFFECTIVE DATE.] This section is effective July 1, 2005. 167.1 Sec. 6. Minnesota Statutes 2004, section 253B.08, 167.2 subdivision 1, is amended to read: 167.3 Subdivision 1. [TIME FOR COMMITMENT HEARING.] The hearing 167.4 on the commitment petition shall be held within 14 days from the 167.5 date of the filing of the petition, except that the hearing on a 167.6 commitment petition pursuant to section 253B.185 shall be held 167.7 within 90 days from the date of the filing of the petition. For 167.8 good cause shown, the court may extend the time of hearing up to 167.9 an additional 30 days. The proceeding shall be dismissed if the 167.10 proposed patient has not had a hearing on a commitment petition 167.11 within the allowed time. The proposed patient, or the head of 167.12 the treatment facility in which the person is held, may demand 167.13 in writing at any time that the hearing be held immediately. 167.14 Unless the hearing is held within five days of the date of the 167.15 demand, exclusive of Saturdays, Sundays and legal holidays, the 167.16 petition shall be automatically discharged if the patient is 167.17 being held in a treatment facility pursuant to court order. For 167.18 good cause shown, the court may extend the time of hearing on 167.19 the demand for an additional ten days. 167.20 [EFFECTIVE DATE.] This section is effective July 1, 2005. 167.21 Sec. 7. Minnesota Statutes 2004, section 299A.38, 167.22 subdivision 2, is amended to read: 167.23 Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers 167.24 and heads of local law enforcement agencies who buy vests for 167.25 the use of peace officer employees may apply to the commissioner 167.26 for reimbursement of funds spent to buy vests. On approving an 167.27 application for reimbursement, the commissioner shall pay the 167.28 applicant an amount equal to the lesser of one-half of the 167.29 vest's purchase price or$300$600, as adjusted according to 167.30 subdivision 2a. The political subdivision that employs the 167.31 peace officer shall pay at least the lesser of one-half of the 167.32 vest's purchase price or$300$600, as adjusted according to 167.33 subdivision 2a. The political subdivision may not deduct or pay 167.34 its share of the vest's cost from any clothing, maintenance, or 167.35 similar allowance otherwise provided to the peace officer by the 167.36 law enforcement agency. 168.1 [EFFECTIVE DATE.] This section is effective the day 168.2 following final enactment. 168.3 Sec. 8. Minnesota Statutes 2004, section 299A.38, 168.4 subdivision 2a, is amended to read: 168.5 Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October 168.6 1,19972006, the commissioner of public safety shall adjust 168.7 the$300$600 reimbursement amounts specified in subdivision 2, 168.8 and in each subsequent year, on October 1, the commissioner 168.9 shall adjust the reimbursement amount applicable immediately 168.10 preceding that October 1 date. The adjusted rate must reflect 168.11 the annual percentage change in the Consumer Price Index for all 168.12 urban consumers, published by the federal Bureau of Labor 168.13 Statistics, occurring in the one-year period ending on the 168.14 preceding June 1. 168.15 [EFFECTIVE DATE.] This section is effective the day 168.16 following final enactment. 168.17 Sec. 9. Minnesota Statutes 2004, section 299A.38, 168.18 subdivision 3, is amended to read: 168.19 Subd. 3. [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 168.20 either meet or exceed the requirements of standard 0101.03 of 168.21 the National Institute of Justice or that meet or exceed the 168.22 requirements of that standard, except wet armor conditioning, 168.23 are eligible for reimbursement. 168.24 (b) Eligibility for reimbursement is limited to vests 168.25 bought after December 31, 1986, by or for peace officers (1) who 168.26 did not own a vest meeting the requirements of paragraph (a) 168.27 before the purchase, or (2) who owned a vest that was at least 168.28sixfive years old. 168.29 [EFFECTIVE DATE.] This section is effective the day 168.30 following final enactment. 168.31 Sec. 10. [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT 168.32 COUNCIL AND TASK FORCE.] 168.33 Subdivision 1. [OVERSIGHT COUNCIL.] The Minnesota 168.34 Financial Crimes Oversight Council shall provide guidance 168.35 related to the investigation and prosecution of identity theft 168.36 and financial crime. 169.1 Subd. 2. [MEMBERSHIP.] The oversight council consists of 169.2 the following individuals, or their designees: 169.3 (1) the commissioner of public safety; 169.4 (2) the attorney general; 169.5 (3) two chiefs of police, selected by the Minnesota Chiefs 169.6 of Police Association from police departments that participate 169.7 in the Minnesota Financial Crimes Task Force; 169.8 (4) two sheriffs, selected by the Minnesota Sheriffs 169.9 Association from sheriff departments that participate in the 169.10 task force; 169.11 (5) the United States attorney for the district of 169.12 Minnesota; 169.13 (6) a county attorney, selected by the Minnesota County 169.14 Attorneys Association; 169.15 (7) a representative from the United States Postal 169.16 Inspector's Office, selected by the oversight council; 169.17 (8) a representative from a not-for-profit retail merchants 169.18 industry, selected by the oversight council; 169.19 (9) a representative from a not-for-profit banking and 169.20 credit union industry, selected by the oversight council; 169.21 (10) a representative from a not-for-profit association 169.22 representing senior citizens, selected by the oversight council; 169.23 (11) the statewide commander of the task force; and 169.24 (12) two additional members selected by the oversight 169.25 council. 169.26 The oversight council may adopt procedures to govern its conduct 169.27 and shall select a chair from among its members. 169.28 Subd. 3. [DUTIES.] The oversight council shall develop an 169.29 overall strategy to ameliorate the harm caused to the public by 169.30 identity theft and financial crime within Minnesota. The 169.31 strategy may include the development of protocols and procedures 169.32 to investigate financial crimes and a structure for best 169.33 addressing these issues in a multijurisdictional manner. 169.34 Additionally, the oversight council shall: 169.35 (1) establish a multijurisdictional statewide Minnesota 169.36 Financial Crimes Task Force to investigate major financial 170.1 crimes; 170.2 (2) select a statewide commander of the task force who 170.3 serves at the pleasure of the oversight council; 170.4 (3) assist the Department of Public Safety in developing an 170.5 objective grant review application process that is free from 170.6 conflicts of interest; 170.7 (4) make funding recommendations to the commissioner of 170.8 public safety on grants to support efforts to combat identity 170.9 theft and financial crime; 170.10 (5) assist law enforcement agencies and victims in 170.11 developing a process to collect and share information to improve 170.12 the investigation and prosecution of identity theft and 170.13 financial crime; 170.14 (6) develop and approve an operational budget for the 170.15 office of the statewide commander and the oversight council; and 170.16 (7) enter into any contracts necessary to establish and 170.17 maintain a relationship with retailers, financial institutions, 170.18 and other businesses to deal effectively with identity theft and 170.19 financial crime. 170.20 The task force described in clause (1) may consist of members 170.21 from local law enforcement agencies, federal law enforcement 170.22 agencies, state and federal prosecutors' offices, and 170.23 representatives from elderly victims, retail, financial 170.24 institutions, and not-for-profit organizations. 170.25 Subd. 4. [STATEWIDE COMMANDER.] (a) The Minnesota 170.26 Financial Crimes Task Force commander under Minnesota Statutes 170.27 2004, section 299A.68, shall oversee the transition of that task 170.28 force into the task force described in subdivision 3 and remain 170.29 in place as its commander until July 1, 2008. On that date, the 170.30 commissioner of public safety shall appoint as statewide 170.31 commander the individual selected by the oversight council under 170.32 subdivision 3. The commander serves in the unclassified service. 170.33 (b) The commander shall: 170.34 (1) coordinate and monitor all multijurisdictional identity 170.35 theft and financial crime enforcement activities; 170.36 (2) facilitate local efforts and ensure statewide 171.1 coordination with efforts to combat identity theft and financial 171.2 crime; 171.3 (3) facilitate training for law enforcement and other 171.4 personnel; 171.5 (4) monitor compliance with investigative protocols; 171.6 (5) implement an outcome evaluation and data quality 171.7 control process; 171.8 (6) be responsible for the selection and for cause removal 171.9 of assigned task force investigators who are designated 171.10 participants under a memorandum of understanding or who receive 171.11 grant funding; 171.12 (7) provide supervision of assigned task force 171.13 investigators; 171.14 (8) submit a task force operational budget to the oversight 171.15 council for approval; and 171.16 (9) submit quarterly task force activity reports to the 171.17 oversight council. 171.18 Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All 171.19 law enforcement officers selected to participate in the task 171.20 force must be licensed peace officers as defined in section 171.21 626.84, subdivision 1, or qualified federal law enforcement 171.22 officers as defined in section 626.8453. Participating officers 171.23 remain employees of the same entity that employed them before 171.24 joining any multijurisdictional entity established under this 171.25 section. Participating officers are not employees of the state. 171.26 Subd. 6. [JURISDICTION AND POWERS.] Law enforcement 171.27 officers participating in any multijurisdictional entity 171.28 established under this section have statewide jurisdiction to 171.29 conduct criminal investigations and have the same powers of 171.30 arrest as those possessed by a sheriff. The task force shall 171.31 retain from its predecessor the assigned originating reporting 171.32 number for case reporting purposes. 171.33 Subd. 7. [GRANTS AUTHORIZED.] The commissioner of public 171.34 safety, upon recommendation of the oversight council, shall make 171.35 grants to state and local units of government to combat identity 171.36 theft and financial crime. The commander, as funding permits, 172.1 may prepare a budget to establish four regional districts and 172.2 funding grant allocations programs outside the counties of 172.3 Hennepin, Ramsey, Anoka, Washington, and Dakota. The budget 172.4 must be reviewed and approved by the oversight council and 172.5 recommended to the commissioner to support these efforts. 172.6 Subd. 8. [VICTIMS ASSISTANCE PROGRAM.] (a) The oversight 172.7 council may establish a victims' assistance program to assist 172.8 victims of economic crimes and provide prevention and awareness 172.9 programs. The oversight council may retain the services of 172.10 not-for-profit organizations to assist in the development and 172.11 delivery systems in aiding victims of financial crime. The 172.12 program may not provide any financial assistance to victims, but 172.13 may assist victims in obtaining police assistance and advise 172.14 victims in how to protect personal accounts and identities. 172.15 Services may include a victim toll-free telephone number, fax 172.16 number, Web site, Monday through Friday telephone service, 172.17 e-mail response, and interfaces to other helpful Web sites. 172.18 Victims' information compiled are governed under chapter 13. 172.19 (b) The oversight council may post or communicate through 172.20 public service announcements in newspapers, radio, television, 172.21 cable access, billboards, Internet, Web sites, and other normal 172.22 advertising channels, a financial reward of up to $2,000 for 172.23 tips leading to the apprehension and successful prosecution of 172.24 individuals committing economic crime. All rewards must meet 172.25 the oversight council's standards. The release of funds must be 172.26 made to an individual whose information leads to the 172.27 apprehension and prosecution of offenders committing economic or 172.28 financial crimes against citizens or businesses in Minnesota. 172.29 All rewards paid to an individual must be reported to the 172.30 Department of Revenue along with the individual's Social 172.31 Security number. 172.32 Subd. 9. [OVERSIGHT COUNCIL AND TASK FORCE IS PERMANENT.] 172.33 Notwithstanding section 15.059, this section does not expire. 172.34 Subd. 10. [FUNDING.] (a) The Minnesota Financial Crimes 172.35 Oversight Council account is created in the special revenue fund. 172.36 Money received for the purposes of the council under section 173.1 171.06, subdivision 2c, this subdivision, or from any other 173.2 source must be credited to the account. 173.3 (b) The oversight council may accept lawful grants and 173.4 in-kind contributions from any federal, state, or local source 173.5 or legal business or individual not funded by this section for 173.6 general operation support, including personnel costs. These 173.7 grants or in-kind contributions are not to be directed toward 173.8 the case of a particular victim or business. The oversight 173.9 council's fiscal agent shall handle all funds approved by the 173.10 oversight council, including in-kind contributions. 173.11 Subd. 11. [FORFEITURE.] Property seized by the task force 173.12 is subject to forfeiture pursuant to sections 609.531, 609.5312, 173.13 609.5313, and 609.5315 if ownership cannot be established. The 173.14 council shall receive the proceeds from the sale of all property 173.15 properly seized and forfeited. 173.16 Subd. 12. [TRANSFER EQUIPMENT FROM CURRENT TASK 173.17 FORCE.] All equipment possessed by the task force described in 173.18 Minnesota Statutes 2004, section 299A.68, is transferred to the 173.19 oversight council for use by the task force described in this 173.20 section. 173.21 [EFFECTIVE DATE.] This section is effective July 1, 2005. 173.22 Sec. 11. Minnesota Statutes 2004, section 299C.65, 173.23 subdivision 1, is amended to read: 173.24 Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The Criminal and 173.25 Juvenile Justice Information Policy Group consists of the 173.26 commissioner of corrections, the commissioner of public safety, 173.27 the commissioner of administration, the commissioner of finance, 173.28andfour members of the judicial branch appointed by the chief 173.29 justice of the Supreme Court, and the chair and first vice chair 173.30 of the Criminal and Juvenile Justice Information Task Force. 173.31 The policy group may appoint additional, nonvoting members as 173.32 necessary from time to time. 173.33 (b) The commissioner of public safety is designated as the 173.34 chair of the policy group. The commissioner and the policy 173.35 group have overall responsibility for the successful completion 173.36 of statewide criminal justice information system integration 174.1 (CriMNet). The policy group may hirea program manageran 174.2 executive director to manage the CriMNet projects and to be 174.3 responsible for the day-to-day operations of CriMNet. The 174.4 executive director shall serve at the pleasure of the policy 174.5 group in unclassified service. The policy group must ensure 174.6 that generally accepted project management techniques are 174.7 utilized for each CriMNet project, including: 174.8 (1) clear sponsorship; 174.9 (2) scope management; 174.10 (3) project planning, control, and execution; 174.11 (4) continuous risk assessment and mitigation; 174.12 (5) cost management; 174.13 (6) quality management reviews; 174.14 (7) communications management;and174.15 (8) proven methodology; and 174.16 (9) education and training. 174.17 (c) Products and services for CriMNet project management, 174.18 system design, implementation, and application hosting must be 174.19 acquired using an appropriate procurement process, which 174.20 includes: 174.21 (1) a determination of required products and services; 174.22 (2) a request for proposal development and identification 174.23 of potential sources; 174.24 (3) competitive bid solicitation, evaluation, and 174.25 selection; and 174.26 (4) contract administration and close-out. 174.27 (d) The policy group shall study and make recommendations 174.28 to the governor, the Supreme Court, and the legislature on: 174.29 (1) a framework for integrated criminal justice information 174.30 systems, including the development and maintenance of a 174.31 community data model for state, county, and local criminal 174.32 justice information; 174.33 (2) the responsibilities of each entity within the criminal 174.34 and juvenile justice systems concerning the collection, 174.35 maintenance, dissemination, and sharing of criminal justice 174.36 information with one another; 175.1 (3) actions necessary to ensure that information maintained 175.2 in the criminal justice information systems is accurate and 175.3 up-to-date; 175.4 (4) the development of an information system containing 175.5 criminal justice information on gross misdemeanor-level and 175.6 felony-level juvenile offenders that is part of the integrated 175.7 criminal justice information system framework; 175.8 (5) the development of an information system containing 175.9 criminal justice information on misdemeanor arrests, 175.10 prosecutions, and convictions that is part of the integrated 175.11 criminal justice information system framework; 175.12 (6) comprehensive training programs and requirements for 175.13 all individuals in criminal justice agencies to ensure the 175.14 quality and accuracy of information in those systems; 175.15 (7) continuing education requirements for individuals in 175.16 criminal justice agencies who are responsible for the 175.17 collection, maintenance, dissemination, and sharing of criminal 175.18 justice data; 175.19 (8) a periodic audit process to ensure the quality and 175.20 accuracy of information contained in the criminal justice 175.21 information systems; 175.22 (9) the equipment, training, and funding needs of the state 175.23 and local agencies that participate in the criminal justice 175.24 information systems; 175.25 (10) the impact of integrated criminal justice information 175.26 systems on individual privacy rights; 175.27 (11) the impact of proposed legislation on the criminal 175.28 justice system, including any fiscal impact, need for training, 175.29 changes in information systems, and changes in processes; 175.30 (12) the collection of data on race and ethnicity in 175.31 criminal justice information systems; 175.32 (13) the development of a tracking system for domestic 175.33 abuse orders for protection; 175.34 (14) processes for expungement, correction of inaccurate 175.35 records, destruction of records, and other matters relating to 175.36 the privacy interests of individuals; and 176.1 (15) the development of a database for extended 176.2 jurisdiction juvenile records and whether the records should be 176.3 public or private and how long they should be retained. 176.4 [EFFECTIVE DATE.] This section is effective July 1, 2005. 176.5 Sec. 12. Minnesota Statutes 2004, section 299C.65, 176.6 subdivision 2, is amended to read: 176.7 Subd. 2. [REPORT,TASK FORCE.](a) The policy group shall176.8file an annual report with the governor, Supreme Court, and176.9chairs and ranking minority members of the senate and house176.10committees and divisions with jurisdiction over criminal justice176.11funding and policy by December 1 of each year.176.12(b) The report must make recommendations concerning any176.13legislative changes or appropriations that are needed to ensure176.14that the criminal justice information systems operate accurately176.15and efficiently. To assist them in developing their176.16recommendations,The policy group shall appoint a task force 176.17consistingto assist them in their duties. The task force shall 176.18 monitor, review, and report to the policy group on 176.19 CriMNet-related projects and provide oversight to ongoing 176.20 operations as directed by the policy group. The task force 176.21 shall consist ofits members or their designees andthe 176.22 followingadditionalmembers: 176.23 (1)the director of the Office of Strategic and Long-Range176.24Planning;176.25(2)two sheriffs recommended by the Minnesota Sheriffs 176.26 Association; 176.27(3)(2) two police chiefs recommended by the Minnesota 176.28 Chiefs of Police Association; 176.29(4)(3) two county attorneys recommended by the Minnesota 176.30 County Attorneys Association; 176.31(5)(4) two city attorneys recommended by the Minnesota 176.32 League of Cities; 176.33(6)(5) two public defenders appointed by the Board of 176.34 Public Defense; 176.35(7)(6) two district judges appointed by the Conference of 176.36 Chief Judges, one of whom is currently assigned to the juvenile 177.1 court; 177.2(8)(7) two community corrections administrators 177.3 recommended by the Minnesota Association of Counties, one of 177.4 whom represents a community corrections act county; 177.5(9)(8) two probation officers; 177.6(10)(9) four public members, one of whom has been a victim 177.7 of crime, and two who are representatives of the private 177.8 business community who have expertise in integrated information 177.9 systems; 177.10(11)(10) two court administrators; 177.11(12)(11) one member of the house of representatives 177.12 appointed by the speaker of the house; 177.13(13)(12) one member of the senate appointed by the 177.14 majority leader; 177.15(14)(13) the attorney general or a designee; 177.16(15) the commissioner of administration or a designee;177.17(16)(14) an individual recommended by the Minnesota League 177.18 of Cities;and177.19(17)(15) an individual recommended by the Minnesota 177.20 Association of Counties; 177.21 (16) the director of the Sentencing Guidelines Commission; 177.22 (17) one member appointed by the commissioner of public 177.23 safety; 177.24 (18) one member appointed by the commissioner of 177.25 corrections; 177.26 (19) one member appointed by the commissioner of 177.27 administration; and 177.28 (20) one member appointed by the chief justice of the 177.29 Supreme Court. 177.30 In making these appointments, the appointing authority shall 177.31 select members with expertise in integrated data systems or best 177.32 practices. 177.33(c)The commissioner of public safety may appoint 177.34 additional, nonvoting members to the task force as necessary 177.35 from time to time. 177.36 [EFFECTIVE DATE.] This section is effective July 1, 2005. 178.1 Sec. 13. Minnesota Statutes 2004, section 299C.65, is 178.2 amended by adding a subdivision to read: 178.3 Subd. 3a. [REPORT.] The policy group, with the assistance 178.4 of the task force, shall file an annual report with the 178.5 governor, Supreme Court, and chairs and ranking minority members 178.6 of the senate and house committees and divisions with 178.7 jurisdiction over criminal justice funding and policy by January 178.8 15 of each year. The report must provide the following: 178.9 (1) status and review of current integration efforts and 178.10 projects; 178.11 (2) recommendations concerning any legislative changes or 178.12 appropriations that are needed to ensure that the criminal 178.13 justice information systems operate accurately and efficiently; 178.14 and 178.15 (3) summary of the activities of the policy group and task 178.16 force. 178.17 [EFFECTIVE DATE.] This section is effective July 1, 2005. 178.18 Sec. 14. Minnesota Statutes 2004, section 299C.65, 178.19 subdivision 5, is amended to read: 178.20 Subd. 5. [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The 178.21 Criminal and Juvenile Justice Information Policy Group shall 178.22 review the funding requests for criminal justice information 178.23 systems from state, county, and municipal government agencies. 178.24 The policy group shall review the requests for compatibility to 178.25 statewide criminal justice information system standards. The 178.26 review shall be forwarded to the chairs and ranking minority 178.27 members of the house and senate committees and divisions with 178.28 jurisdiction over criminal justice funding and policy. 178.29 (b) Thepolicy group shall also review funding requests for178.30criminal justice information systems grants to be made by the178.31commissioner of public safety as provided in this section.178.32Within the limits of available appropriations, the commissioner178.33of public safety shall make grants for projects that have been178.34approved by the policy group.CriMNet program office, in 178.35 consultation with the Criminal and Juvenile Justice Information 178.36 Task Force and with the approval of the policy group, shall 179.1 create the requirements for any grant request and determine the 179.2 integration priorities for the grant period. The CriMNet 179.3 program office shall also review the requests submitted for 179.4 compatibility to statewide criminal justice information systems 179.5 standards. 179.6 (c)If a funding request is for development of a179.7comprehensive criminal justice information integration plan, the179.8policy group shall ensure that the request contains the179.9components specified in subdivision 6. If a funding request is179.10for implementation of a plan or other criminal justice179.11information systems project, the policy group shall ensure that:179.12(1) the government agency has adopted a comprehensive plan179.13that complies with subdivision 6;179.14(2) the request contains the components specified in179.15subdivision 7; and179.16(3) the request demonstrates that it is consistent with the179.17government agency's comprehensive plan.The task force shall 179.18 review funding requests for criminal justice information systems 179.19 grants and make recommendations to the policy group. The policy 179.20 group shall review the recommendations of the task force and 179.21 shall make a final recommendation for criminal justice 179.22 information systems grants to be made by the commissioner of 179.23 public safety. Within the limits of available state 179.24 appropriations and federal grants, the commissioner of public 179.25 safety shall make grants for projects that have been recommended 179.26 by the policy group. 179.27 (d) The policy group may approve grants only if the 179.28 applicant provides an appropriate share of matching funds as 179.29 determined by the policy group to help pay up to one-half of the 179.30 costs of the grant request. The matching requirement must be 179.31 constant for all counties. The policy group shall adopt 179.32 policies concerning the use of in-kind resources to satisfy the 179.33 match requirement and the sources from which matching funds may 179.34 be obtained. Local operational or technology staffing costs may 179.35 be considered as meeting this match requirement. Each grant 179.36 recipient shall certify to the policy group that it has not 180.1 reduced funds from local, county, federal, or other sources 180.2 which, in the absence of the grant, would have been made 180.3 available to the grant recipient to improve or integrate 180.4 criminal justice technology. 180.5 (e) All grant recipients shall submit to the CriMNet 180.6 program office all requested documentation including grant 180.7 status, financial reports, and a final report evaluating how the 180.8 grant funds improved the agency's criminal justice integration 180.9 priorities. The CriMNet program office shall establish the 180.10 recipient's reporting dates at the time funds are awarded. 180.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 180.12 Sec. 15. Minnesota Statutes 2004, section 340A.301, 180.13 subdivision 6, is amended to read: 180.14 Subd. 6. [FEES.] The annual fees for licenses under this 180.15 section are as follows: 180.16 (a) Manufacturers (except as provided 180.17 in clauses (b) and (c))$15,000$30,000 180.18 Duplicates $ 3,000 180.19 (b) Manufacturers of wines of not more 180.20 than 25 percent alcohol by volume $ 500 180.21 (c) Brewers other than those described 180.22 in clauses (d) and (i) $2,5004,000 180.23 (d) Brewers who also hold one or more 180.24 retail on-sale licenses and who 180.25 manufacture fewer than 3,500 barrels 180.26 of malt liquor in a year, at any one 180.27 licensed premises, using only wort produced 180.28 in Minnesota, the entire 180.29 production of which is solely 180.30 for consumption on tap on the 180.31 licensed premises or for off-sale 180.32 from that licensed premises. 180.33 A brewer licensed 180.34 under this clause must obtain a separate 180.35 license for each licensed premises where 180.36 the brewer brews malt liquor. A brewer 181.1 licensed under this clause may not be 181.2 licensed as an importer under this chapter $ 500 181.3 (e) Wholesalers (except as provided in 181.4 clauses (f), (g), and (h)) $15,000 181.5 Duplicates $ 3,000 181.6 (f) Wholesalers of wines of not more 181.7 than 25 percent alcohol by volume $2,0003,750 181.8 (g) Wholesalers of intoxicating 181.9 malt liquor $6001,000 181.10 Duplicates $ 25 181.11 (h) Wholesalers of 3.2 percent 181.12 malt liquor $ 10 181.13 (i) Brewers who manufacture fewer than 181.14 2,000 barrels of malt liquor in a year $ 150 181.15 If a business licensed under this section is destroyed, or 181.16 damaged to the extent that it cannot be carried on, or if it 181.17 ceases because of the death or illness of the licensee, the 181.18 commissioner may refund the license fee for the balance of the 181.19 license period to the licensee or to the licensee's estate. 181.20 [EFFECTIVE DATE.] This section is effective July 1, 2005. 181.21 Sec. 16. Minnesota Statutes 2004, section 340A.302, 181.22 subdivision 3, is amended to read: 181.23 Subd. 3. [FEES.] Annual fees for licenses under this 181.24 section, which must accompany the application, are as follows: 181.25 Importers of distilled spirits, wine, 181.26 or ethyl alcohol $420 181.27 Importers of malt liquor$800181.28 $1,600 181.29 If an application is denied, $100 of the fee shall be 181.30 retained by the commissioner to cover costs of investigation. 181.31 [EFFECTIVE DATE.] This section is effective July 1, 2005. 181.32 Sec. 17. Minnesota Statutes 2004, section 340A.311, is 181.33 amended to read: 181.34 340A.311 [BRAND REGISTRATION.] 181.35 (a) A brand of intoxicating liquor or 3.2 percent malt 181.36 liquor may not be manufactured, imported into, or sold in the 182.1 state unless the brand label has been registered with and 182.2 approved by the commissioner. A brand registration must be 182.3 renewed every three years in order to remain in effect. The fee 182.4 for an initial brand registration is$30$40. The fee for brand 182.5 registration renewal is$20$30. The brand label of a brand of 182.6 intoxicating liquor or 3.2 percent malt liquor for which the 182.7 brand registration has expired, is conclusively deemed abandoned 182.8 by the manufacturer or importer. 182.9 (b) In this section "brand" and "brand label" include 182.10 trademarks and designs used in connection with labels. 182.11 (c) The label of any brand of wine or intoxicating or 182.12 nonintoxicating malt beverage may be registered only by the 182.13 brand owner or authorized agent. No such brand may be imported 182.14 into the state for sale without the consent of the brand owner 182.15 or authorized agent. This section does not limit the provisions 182.16 of section 340A.307. 182.17 (d) The commissioner shall refuse to register a malt liquor 182.18 brand label, and shall revoke the registration of a malt liquor 182.19 brand label already registered, if the brand label states or 182.20 implies in a false or misleading manner a connection with an 182.21 actual living or dead American Indian leader. This paragraph 182.22 does not apply to a brand label registered for the first time in 182.23 Minnesota before January 1, 1992. 182.24 [EFFECTIVE DATE.] This section is effective July 1, 2005. 182.25 Sec. 18. Minnesota Statutes 2004, section 340A.404, 182.26 subdivision 12, is amended to read: 182.27 Subd. 12. [CATERER'S PERMIT.] The commissioner may issue a 182.28 caterer's permit to a restaurant that holds an on-sale 182.29 intoxicating liquor license issued by any municipality. The 182.30 holder of a caterer's permit may sell intoxicating liquor as an 182.31 incidental part of a food service that serves prepared meals at 182.32 a place other than the premises for which the holder's on-sale 182.33 intoxicating liquor license is issued. 182.34 (a) A caterer's permit is auxiliary to the primary on-sale 182.35 license held by the licensee. 182.36 (b) The restrictions and regulations which apply to the 183.1 sale of intoxicating liquor on the licensed premises also apply 183.2 to the sale under the authority of a caterer's permit, and any 183.3 act that is prohibited on the licensed premises is also 183.4 prohibited when the licensee is operating other than on the 183.5 licensed premises under a caterer's permit. 183.6 (c) Any act, which if done on the licensed premises would 183.7 be grounds for cancellation or suspension of the on-sale 183.8 licensee, is grounds for cancellation of both the on-sale 183.9 license and the caterer's permit if done when the permittee is 183.10 operating away from the licensed premises under the authority of 183.11 the caterer's permit. 183.12 (d) The permittee shall notify prior to any catered event: 183.13 (1) the police chief of the city where the event will take 183.14 place, if the event will take place within the corporate limits 183.15 of a city; or 183.16 (2) the county sheriff of the county where the event will 183.17 take place, if the event will be outside the corporate limits of 183.18 any city. 183.19 (e) If the primary license ceases to be valid for any 183.20 reason, the caterer's permit ceases to be valid. 183.21 (f) Permits issued under this subdivision are subject to 183.22 all laws and ordinances governing the sale of intoxicating 183.23 liquor except those laws and ordinances which by their nature 183.24 are not applicable. 183.25 (g) The annual state fee for a caterer's permit 183.26 is$200$300. 183.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 183.28 Sec. 19. Minnesota Statutes 2004, section 340A.408, 183.29 subdivision 4, is amended to read: 183.30 Subd. 4. [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI 183.31 RIVER TOUR BOATS; COMMON CARRIERS.] (a) The annual license fee 183.32 for licensing of Lake Superior, St. Croix River, and Mississippi 183.33 River tour boats under section 340A.404, subdivision 8, shall be 183.34$1,000$1,500. The commissioner shall transmit one-half of this 183.35 fee to the governing body of the city that is the home port of 183.36 the tour boat or to the county in which the home port is located 184.1 if the home port is outside a city. 184.2 (b) The annual license fee for common carriers licensed 184.3 under section 340A.407 is: 184.4 (1) $50 for 3.2 percent malt liquor, and $20 for a 184.5 duplicate license; and 184.6 (2)$200$250 for intoxicating liquor, and$20$30 for a 184.7 duplicate license. 184.8 [EFFECTIVE DATE.] This section is effective July 1, 2005. 184.9 Sec. 20. Minnesota Statutes 2004, section 340A.414, 184.10 subdivision 6, is amended to read: 184.11 Subd. 6. [PERMIT FEES.] The annual fee for issuance of a 184.12 permit under this section is$150$250. The governing body of a 184.13 city or county where the establishment is located may impose an 184.14 additional fee of not more than $300. 184.15 [EFFECTIVE DATE.] This section is effective July 1, 2005. 184.16 Sec. 21. Minnesota Statutes 2004, section 340A.504, 184.17 subdivision 3, is amended to read: 184.18 Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a) 184.19 A restaurant, club, bowling center, or hotel with a seating 184.20 capacity for at least 30 persons and which holds an on-sale 184.21 intoxicating liquor license may sell intoxicating liquor for 184.22 consumption on the premises in conjunction with the sale of food 184.23 between the hours of 12:00 noon on Sundays and 2:00 a.m. on 184.24 Mondays. 184.25 (b) The governing body of a municipality may after one 184.26 public hearing by ordinance permit a restaurant, hotel, bowling 184.27 center, or club to sell alcoholic beverages for consumption on 184.28 the premises in conjunction with the sale of food between the 184.29 hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays, 184.30 provided that the licensee is in conformance with the Minnesota 184.31 Clean Air Act. 184.32 (c) An establishment serving intoxicating liquor on Sundays 184.33 must obtain a Sunday license. The license must be issued by the 184.34 governing body of the municipality for a period of one year, and 184.35 the fee for the license may not exceed $200. 184.36 (d) A city may issue a Sunday intoxicating liquor license 185.1 only if authorized to do so by the voters of the city voting on 185.2 the question at a general or special election. A county may 185.3 issue a Sunday intoxicating liquor license in a town only if 185.4 authorized to do so by the voters of the town as provided in 185.5 paragraph (e). A county may issue a Sunday intoxicating liquor 185.6 license in unorganized territory only if authorized to do so by 185.7 the voters of the election precinct that contains the licensed 185.8 premises, voting on the question at a general or special 185.9 election. 185.10 (e) An election conducted in a town on the question of the 185.11 issuance by the county of Sunday sales licenses to 185.12 establishments located in the town must be held on the day of 185.13 the annual election of town officers. 185.14 (f) Voter approval is not required for licenses issued by 185.15 the Metropolitan Airports Commission or common carrier licenses 185.16 issued by the commissioner. Common carriers serving 185.17 intoxicating liquor on Sunday must obtain a Sunday license from 185.18 the commissioner at an annual fee of$50$75, plus$20$30 for 185.19 each duplicate. 185.20 [EFFECTIVE DATE.] This section is effective July 1, 2005. 185.21 Sec. 22. Minnesota Statutes 2004, section 340A.504, 185.22 subdivision 7, is amended to read: 185.23 Subd. 7. [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No 185.24 licensee may sell intoxicating liquor or 3.2 percent malt liquor 185.25 on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the 185.26 licensee has obtained a permit from the commissioner. 185.27 Application for the permit must be on a form the commissioner 185.28 prescribes. Permits are effective for one year from date of 185.29 issuance. For retailers of intoxicating liquor, the fee for the 185.30 permit is based on the licensee's gross receipts from on-sales 185.31 of alcoholic beverages in the 12 months prior to the month in 185.32 which the permit is issued, and is at the following rates: 185.33 (1) up to $100,000 in gross receipts,$200$300; 185.34 (2) over $100,000 but not over $500,000 in gross receipts, 185.35$500$750; and 185.36 (3) over $500,000 in gross receipts,$600$1,000. 186.1 For a licensed retailer of intoxicating liquor who did not sell 186.2 intoxicating liquor at on-sale for a full 12 months prior to the 186.3 month in which the permit is issued, the fee is $200. For a 186.4 retailer of 3.2 percent malt liquor, the fee is $200. 186.5 (b) The commissioner shall deposit all permit fees received 186.6 under this subdivision in the alcohol enforcement account in the 186.7 special revenue fund. 186.8 (c) Notwithstanding any law to the contrary, the 186.9 commissioner of revenue may furnish to the commissioner the 186.10 information necessary to administer and enforce this subdivision. 186.11 [EFFECTIVE DATE.] This section is effective July 1, 2005. 186.12 Sec. 23. Minnesota Statutes 2004, section 357.021, 186.13 subdivision 2, is amended to read: 186.14 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 186.15 collected by the court administrator shall be as follows: 186.16 (1) In every civil action or proceeding in said court, 186.17 including any case arising under the tax laws of the state that 186.18 could be transferred or appealed to the Tax Court, the 186.19 plaintiff, petitioner, or other moving party shall pay, when the 186.20 first paper is filed for that party in said action, a fee of 186.21$235$240. 186.22 The defendant or other adverse or intervening party, or any 186.23 one or more of several defendants or other adverse or 186.24 intervening parties appearing separately from the others, shall 186.25 pay, when the first paper is filed for that party in said 186.26 action, a fee of $235. 186.27 The party requesting a trial by jury shall pay $75. 186.28 The fees above stated shall be the full trial fee 186.29 chargeable to said parties irrespective of whether trial be to 186.30 the court alone, to the court and jury, or disposed of without 186.31 trial, and shall include the entry of judgment in the action, 186.32 but does not include copies or certified copies of any papers so 186.33 filed or proceedings under chapter 103E, except the provisions 186.34 therein as to appeals. 186.35 (2) Certified copy of any instrument from a civil or 186.36 criminal proceeding, $10, and $5 for an uncertified copy. 187.1 (3) Issuing a subpoena, $12 for each name. 187.2 (4) Filing a motion or response to a motion in civil, 187.3 family, excluding child support, and guardianship cases, $55. 187.4 (5) Issuing an execution and filing the return thereof; 187.5 issuing a writ of attachment, injunction, habeas corpus, 187.6 mandamus, quo warranto, certiorari, or other writs not 187.7 specifically mentioned, $40. 187.8 (6) Issuing a transcript of judgment, or for filing and 187.9 docketing a transcript of judgment from another court, $30. 187.10 (7) Filing and entering a satisfaction of judgment, partial 187.11 satisfaction, or assignment of judgment, $5. 187.12 (8) Certificate as to existence or nonexistence of 187.13 judgments docketed, $5 for each name certified to. 187.14 (9) Filing and indexing trade name; or recording basic 187.15 science certificate; or recording certificate of physicians, 187.16 osteopaths, chiropractors, veterinarians, or optometrists, $5. 187.17 (10) For the filing of each partial, final, or annual 187.18 account in all trusteeships, $40. 187.19 (11) For the deposit of a will, $20. 187.20 (12) For recording notary commission, $100, of which, 187.21 notwithstanding subdivision 1a, paragraph (b), $80 must be 187.22 forwarded to the commissioner of finance to be deposited in the 187.23 state treasury and credited to the general fund. 187.24 (13) Filing a motion or response to a motion for 187.25 modification of child support, a fee fixed by rule or order of 187.26 the Supreme Court. 187.27 (14) All other services required by law for which no fee is 187.28 provided, such fee as compares favorably with those herein 187.29 provided, or such as may be fixed by rule or order of the court. 187.30 (15) In addition to any other filing fees under this 187.31 chapter, a surcharge in the amount of $75 must be assessed in 187.32 accordance with section 259.52, subdivision 14, for each 187.33 adoption petition filed in district court to fund the fathers' 187.34 adoption registry under section 259.52. 187.35 The fees in clauses (3) and (5) need not be paid by a 187.36 public authority or the party the public authority represents. 188.1 [EFFECTIVE DATE.] This section is effective July 1, 2005. 188.2 Sec. 24. Minnesota Statutes 2004, section 357.021, 188.3 subdivision 6, is amended to read: 188.4 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 188.5 (a) The court shall impose and the court administrator shall 188.6 collect a$60$71 surcharge on every person convicted of any 188.7 felony, gross misdemeanor, misdemeanor, or petty misdemeanor 188.8 offense, other than a violation of a law or ordinance relating 188.9 to vehicle parking, for which there shall be a $3 surcharge. In 188.10 the Second Judicial District, the court shall impose, and the 188.11 court administrator shall collect, an additional $1 surcharge on 188.12 every person convicted of any felony, gross misdemeanor, or 188.13 petty misdemeanor offense, other than a violation of a law or 188.14 ordinance relating to vehicle parking, if the Ramsey County 188.15 Board of Commissioners authorizes the $1 surcharge. The 188.16 surcharge shall be imposed whether or not the person is 188.17 sentenced to imprisonment or the sentence is stayed. 188.18 (b) If the court fails to impose a surcharge as required by 188.19 this subdivision, the court administrator shall show the 188.20 imposition of the surcharge, collect the surcharge and correct 188.21 the record. 188.22 (c) The court may not waive payment of the surcharge 188.23 required under this subdivision. Upon a showing of indigency or 188.24 undue hardship upon the convicted person or the convicted 188.25 person's immediate family, the sentencing court may authorize 188.26 payment of the surcharge in installments. 188.27 (d) The court administrator or other entity collecting a 188.28 surcharge shall forward it to the commissioner of finance. 188.29 (e) If the convicted person is sentenced to imprisonment 188.30 and has not paid the surcharge before the term of imprisonment 188.31 begins, the chief executive officer of the correctional facility 188.32 in which the convicted person is incarcerated shall collect the 188.33 surcharge from any earnings the inmate accrues from work 188.34 performed in the facility or while on conditional release. The 188.35 chief executive officer shall forward the amount collected to 188.36 the commissioner of finance. 189.1 [EFFECTIVE DATE.] This section is effective July 1, 2005. 189.2 Sec. 25. Minnesota Statutes 2004, section 357.021, 189.3 subdivision 7, is amended to read: 189.4 Subd. 7. [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF 189.5 FINANCE.] (a) Except as provided in paragraphs (b), (c), and 189.6 (d), the commissioner of finance shall disburse surcharges 189.7 received under subdivision 6 and section 97A.065, subdivision 2, 189.8 as follows: 189.9 (1) one percent shall be credited to the game and fish fund 189.10 to provide peace officer training for employees of the 189.11 Department of Natural Resources who are licensed under sections 189.12 626.84 to 626.863, and who possess peace officer authority for 189.13 the purpose of enforcing game and fish laws; 189.14 (2) 39 percent shall be credited to the peace officers 189.15 training account in the special revenue fund; and 189.16 (3) 60 percent shall be credited to the general fund. 189.17 (b) The commissioner of finance shall credit $3 of each 189.18 surcharge received under subdivision 6 and section 97A.065, 189.19 subdivision 2, to the general fund. 189.20 (c) In addition to any amounts credited under paragraph 189.21 (a), the commissioner of finance shall credit$32$43 of each 189.22 surcharge received under subdivision 6 and section 97A.065, 189.23 subdivision 2, and the $3 parking surcharge, to the general fund. 189.24 (d) If the Ramsey County Board of Commissioners authorizes 189.25 imposition of the additional $1 surcharge provided for in 189.26 subdivision 6, paragraph (a), the court administrator in the 189.27 Second Judicial District shall withhold $1 from each surcharge 189.28 collected under subdivision 6. The court administrator must use 189.29 the withheld funds solely to fund the petty misdemeanor 189.30 diversion program administered by the Ramsey County Violations 189.31 Bureau. The court administrator must transfer any unencumbered 189.32 portion of the funds received under this subdivision to the 189.33 commissioner of finance for distribution according to paragraphs 189.34 (a) to (c). 189.35 [EFFECTIVE DATE.] This section is effective July 1, 2005. 189.36 Sec. 26. Minnesota Statutes 2004, section 357.18, is 190.1 amended to read: 190.2 357.18 [COUNTY RECORDER.] 190.3 Subdivision 1. [COUNTY RECORDER FEES.] The fees to be 190.4 charged by the county recorder shall beas followsand not 190.5 exceed the following: 190.6 (1) for indexing and recording any deed or other instrument 190.7$1 for each page of an instrument, with a minimum fee of $15a 190.8 fee of $46; $10.50 shall be paid to the state treasury and 190.9 credited to the general fund; $10 shall be deposited in the 190.10 technology fund pursuant to subdivision 3; and $25.50 to the 190.11 county general fund; 190.12 (2) for documents containing multiple assignments, partial 190.13 releases or satisfactions$10 for each document number or book190.14and page citeda fee of $40; if the document cites more than 190.15 four recorded instruments, an additional fee of $10 for each 190.16 additional instrument cited over the first four citations; 190.17 (3) for certified copies of any records or papers,$1 for190.18each page of an instrument with a minimum fee of $5$10; 190.19 (4) for a noncertified copy of any instrument or writing on 190.20 file or recorded in the office of the county recorder, or any 190.21 specified page or part of it, an amount as determined by the 190.22 county board for each page or fraction of a page specified. If 190.23 computer or microfilm printers are used to reproduce the 190.24 instrument or writing, a like amount per image; 190.25 (5) for an abstract of title, the fees shall be determined 190.26 by resolution of the county board duly adopted upon the 190.27 recommendation of the county recorder, and the fees shall not 190.28 exceed$5$10 for every entry,$50$100 for abstract 190.29 certificate, $1 per page for each exhibit included within an 190.30 abstract as a part of an abstract entry, and$2$5 per name for 190.31 each required name search certification; 190.32(5)(6) for a copy of an official plat filed pursuant to 190.33 section 505.08, the fee shall be$9.50$10 and an additional50190.34cents$5 shall be charged for the certification of each plat; 190.35(6)(7) for filing an amended floor plan in accordance with 190.36 chapter 515, an amended condominium plat in accordance with 191.1 chapter 515A, or a common interest community plat or amendment 191.2 complying with section 515B.2-110, subsection (c), the fee shall 191.3 be 50 cents per apartment or unit with a minimum fee of$30$50; 191.4(7)(8) for a copy of a floor plan filed pursuant to 191.5 chapter 515, a copy of a condominium plat filed in accordance 191.6 with chapter 515A, or a copy of a common interest community plat 191.7 complying with section 515B.2-110, subsection (c), the fee shall 191.8 be $1 for each page of the floor plan, condominium plat or 191.9 common interest community plat with a minimum fee of $10; 191.10 (9) for recording any plat, a fee of $56, of which $10.50 191.11 must be paid to the state treasury and credited to the general 191.12 fund, $10 must be deposited in the technology fund pursuant to 191.13 subdivision 3, and $35.50 must be deposited in the county 191.14 general fund; and 191.15 (10) for a noncertified copy of any document submitted for 191.16 recording, if the original document is accompanied by a copy or 191.17 duplicate original, $2. Upon receipt of the copy or duplicate 191.18 original and payment of the fee, a county recorder shall return 191.19 it marked "copy" or "duplicate," showing the recording date and, 191.20 if available, the document number assigned to the original. 191.21 Subd. 1a. [ABSTRACTING SERVICE FEES.] Fees fixed by or 191.22 established pursuant to subdivision 1 shall be the maximum fee 191.23 charged in all counties where the county recorder performs 191.24 abstracting services and shall be charged by persons authorized 191.25 to perform abstracting services in county buildings pursuant to 191.26 section 386.18. 191.27 Subd. 2. [FEES FOR RECORDING INSTRUMENTS IN COUNTY 191.28 RECORDER OFFICE.] Notwithstanding the provisions of anygeneral191.29orspecial law to the contrary, thefees prescribed by this191.30section shall govern the filing or recording of all instruments191.31in the office of the county recorderestablished fees pursuant 191.32 to subdivision 1 shall be the fee charged in all counties for 191.33 the specified service, other than Uniform Commercial Code 191.34 documents, and documents filed or recorded pursuant to sections 191.35 270.69, subdivision 2, paragraph (c), 272.481 to 272.488, 191.36 277.20, and 386.77. 192.1Subd. 3. [SURCHARGE.] In addition to the fees imposed in192.2subdivision 1, a $4.50 surcharge shall be collected: on each192.3fee charged under subdivision 1, clauses (1) and (6), and for192.4each abstract certificate under subdivision 1, clause (4).192.5Fifty cents of each surcharge shall be retained by the county to192.6cover its administrative costs and $4 shall be paid to the state192.7treasury and credited to the general fund.192.8 Subd. 4. [EQUIPMENTTECHNOLOGY FUND.]$1 of eachThe $10 192.9 fee collected under subdivision 1, clause (1), shall be 192.10 deposited inan equipmenta technology fundtofor obtaining, 192.11 maintaining, and updating current technology and equipment to 192.12 provide services from the record system. The fund shall be 192.13 disbursed at the county recorder's discretion to provide modern 192.14 information services from the records system. The fund is a 192.15 supplemental fund and shall not be construed to diminish the 192.16 duty of the county governing body to furnish funding for 192.17 expenses and personnel necessary in the performance of the 192.18 duties of the office pursuant to section 386.015, subdivision 6, 192.19 paragraph (a), clause (2), and to comply with the requirements 192.20 of section 357.182. 192.21 Subd. 5. [VARIANCE FROM STANDARDS.] A documentthat does192.22notshould conform to the standards in section 507.093, 192.23 paragraph (a),shall not be recorded except upon payment of an192.24additional fee of $10 per documentbut should not be rejected 192.25 unless the document is not legible or cannot be archived. This 192.26 subdivision applies only to documents dated after July 31, 1997, 192.27 and does not apply to Minnesota uniform conveyancing 192.28 blankscontained in the book of formson file in the office of 192.29 the commissioner of commerce provided for under section 507.09, 192.30 certified copies, or any other form provided for under Minnesota 192.31 Statutes. 192.32 Subd. 6. [REGISTRAR OF TITLES' FEES.] The fees to be 192.33 charged by the registrar of titles are in sections 508.82 and 192.34 508A.82. 192.35 Sec. 27. [357.182] [COUNTY FEES AND RECORDING STANDARDS 192.36 FOR THE RECORDING OF REAL ESTATE DOCUMENTS.] 193.1 Subdivision 1. [APPLICATION.] Unless otherwise specified 193.2 in this section and notwithstanding any other law to the 193.3 contrary, effective August 1, 2005, this section applies to each 193.4 county in Minnesota. Documents presented for recording within 193.5 60 days after the effective date of this section and that are 193.6 acknowledged, sworn to before a notary, or certified before the 193.7 effective date of this section must not be rejected for failure 193.8 to include the new filing fee. 193.9 Subd. 2. [FEE RESTRICTIONS.] Notwithstanding any local law 193.10 or ordinance to the contrary, no county may charge or collect 193.11 any fee, special or otherwise, or however described, other than 193.12 a fee denominated or prescribed by state law, for any service, 193.13 task, or step performed by any county officer or employee in 193.14 connection with the receipt, recording, and return of any 193.15 recordable instrument by the county recorder or registrar of 193.16 titles, whether received by mail, in person, or by electronic 193.17 delivery, including, but not limited to, opening mail; handling, 193.18 transferring, or transporting the instrument; certifying no 193.19 delinquent property taxes; payment of state deed tax, mortgage 193.20 registry tax, or conservation fee; recording of approved plats, 193.21 subdivision splits, or combinations; or any other prerequisites 193.22 to recording, and returning the instrument by regular mail or in 193.23 person to the person identified in the instrument for that 193.24 purpose. 193.25 Subd. 3. [RECORDING REQUIREMENTS.] Each county recorder 193.26 and registrar of titles shall, within 15 business days after any 193.27 instrument in recordable form accompanied by payment of 193.28 applicable fees by customary means is delivered to the county 193.29 for recording or is otherwise received by the county recorder or 193.30 registrar of titles for that purpose, record and index the 193.31 instrument in the manner provided by law and return it by 193.32 regular mail or in person to the person identified in the 193.33 instrument for that purpose, if the instrument does not require 193.34 certification of no-delinquent taxes, payment of state deed tax, 193.35 mortgage registry tax, or conservation fee. Each county must 193.36 establish a policy for the timely handling of instruments that 194.1 require certification of no-delinquent taxes, payment of state 194.2 deed tax, mortgage registry tax, or conservation fee and that 194.3 policy may allow up to an additional five business days at the 194.4 request of the office or offices responsible to complete the 194.5 payment and certification process. 194.6 For calendar years 2009 and 2010, the maximum time allowed 194.7 for completion of the recording process for documents presented 194.8 in recordable form will be 15 business days. 194.9 For calendar year 2011 and thereafter, the maximum time 194.10 allowed for completion of the recording process for documents 194.11 presented in recordable form will be ten business days. 194.12 Instruments recorded electronically must be returned no 194.13 later than five business days after receipt by the county in a 194.14 recordable format. 194.15 Subd. 4. [COMPLIANCE WITH RECORDING REQUIREMENTS.] For 194.16 calendar year 2007, a county is in compliance with the recording 194.17 requirements prescribed by subdivision 3 if at least 60 percent 194.18 of all recordable instruments described in subdivision 3 and 194.19 received by the county in that year are recorded and returned 194.20 within the time limits prescribed in subdivision 3. In calendar 194.21 year 2008, at least 70 percent of all recordable instruments 194.22 must be recorded and returned in compliance with the recording 194.23 requirements; for calendar year 2009, at least 80 percent of all 194.24 recordable instruments must be recorded and returned in 194.25 compliance with the recording requirements; and for calendar 194.26 year 2010 and later years, at least 90 percent of all recordable 194.27 instruments must be recorded and returned in compliance with the 194.28 recording requirements. 194.29 Subd. 5. [TEMPORARY SUSPENSION OF COMPLIANCE WITH 194.30 RECORDING REQUIREMENTS.] Compliance with the requirements of 194.31 subdivision 4 may be suspended for up to six months when a 194.32 county undertakes material enhancements to its systems for 194.33 receipt, handling, paying of deed and mortgage tax and 194.34 conservation fees, recording, indexing, certification, and 194.35 return of instruments. The six-month suspension may be extended 194.36 for up to an additional six months if a county board finds by 195.1 resolution that the additional time is necessary because of the 195.2 difficulties of implementing the enhancement. 195.3 Subd. 6. [CERTIFICATION OF COMPLIANCE WITH RECORDING 195.4 REQUIREMENTS.] Effective beginning in 2007 for the 2008 county 195.5 budget and in each year thereafter, the county recorder and 195.6 registrar of titles for each county shall file with the county 195.7 commissioners, as part of their budget request, a report that 195.8 establishes the status for the previous year of their compliance 195.9 with the requirements established in subdivision 3. If the 195.10 office has not achieved compliance with the recording 195.11 requirements, the report must include an explanation of the 195.12 failure to comply, recommendations by the recorder or registrar 195.13 to cure the noncompliance and to prevent a reoccurrence, and a 195.14 proposal identifying actions, deadlines, and funding necessary 195.15 to bring the county into compliance. 195.16 Subd. 7. [RESTRICTION ON USE OF RECORDING 195.17 FEES.] Notwithstanding any law to the contrary, for county 195.18 budgets adopted after January 1, 2006, each county shall 195.19 segregate the additional unallocated fee authorized by sections 195.20 357.18, 508.82, and 508A.82 from the application of the 195.21 provisions of chapters 386, 507, 508, and 508A, in an 195.22 appropriate account. This money is available as authorized by 195.23 the Board of County Commissioners for supporting enhancements to 195.24 the recording process, including electronic recording, to fund 195.25 compliance efforts specified in subdivision 5 and for use in 195.26 undertaking data integration and aggregation projects. Money 195.27 remains in the account until expended for any of the authorized 195.28 purposes set forth in this subdivision. This money must not be 195.29 used to supplant the normal operating expenses for the office of 195.30 county recorder or registrar of titles. 195.31 Sec. 28. Minnesota Statutes 2004, section 505.08, 195.32 subdivision 2, is amended to read: 195.33 Subd. 2. [PUBLIC CERTIFIED COPIES.] The copies of the 195.34 official plat or of the exact reproducible copy shall be 195.35 compared and certified to by the county recorder in the manner 195.36 in which certified copies of records are issued in the 196.1 recorder's office, and the copy thereof shall be bound in a 196.2 proper volume for the use of the general public and anyone shall 196.3 have access to and may inspect such certified copy at their 196.4 pleasure. When the plat includes both registered and 196.5 nonregistered land two copies thereof shall be so certified and 196.6 bound, one for such general public use in each of the offices of 196.7 the county recorder and registrar of titles; provided, however, 196.8 that only one such copy so certified and bound shall be provided 196.9 for general public use in those counties wherein the office 196.10 quarters of the county recorder and registrar of titles are one 196.11 and the same. When the copy, or any part thereof, shall become 196.12 unintelligible from use or wear or otherwise, at the request of 196.13 the county recorder it shall be the duty of the county surveyor 196.14 to make a reproduction copy of the official plat, or the exact 196.15 transparent reproducible copy under the direct supervision of 196.16 the county recorder, who shall compare the copy, certify that it 196.17 is a correct copy thereof, by proper certificate as above set 196.18 forth, and it shall be bound in the volume, and under the page, 196.19 and in the place of the discarded copy. In counties not having 196.20 a county surveyor the county recorder shall employ a licensed 196.21 land surveyor to make such reproduction copy, at the expense of 196.22 the county. The county recorder shall receive as a fee for 196.23 filing these plats, as aforesaid described,50 cents per lot,196.24but shall receive not less than $30 for any plat filed in the196.25recorder's officepursuant to section 357.18, subdivision 1. 196.26 Reproductions from the exact transparent reproducible copy shall 196.27 be available to any person upon request and the cost of such 196.28 reproductions shall be paid by the person making such request. 196.29 If a copy of the official plat is requested the county recorder 196.30 shall prepare it and duly certify that it is a copy of the 196.31 official plat and the cost of such copy shall be paid by the 196.32 person making such request. 196.33 Sec. 29. Minnesota Statutes 2004, section 508.82, is 196.34 amended to read: 196.35 508.82 [REGISTRAR'SREGISTRAR OF TITLES' FEES.] 196.36 Subdivision 1. [STANDARD DOCUMENTS.] The fees to bepaid197.1tocharged by the registrar of titles shall beas followsand 197.2 not exceed the following: 197.3 (1) of the fees provided herein,five percent$1.50 of the 197.4 fees collected under clauses (3),(5), (11), (13),(4), (10), 197.5 (12), (14), (16), and (17),for filing or memorializing shall be 197.6 paid to thecommissioner of financestate treasury pursuant to 197.7 section 508.75 and credited to the general fund;plus a $4.50197.8surcharge shall be charged and collected in addition to the197.9total fees charged for each transaction under clauses (2), (3),197.10(5), (11), (13), (14), (16), and (17), with 50 cents of this197.11surcharge to be retained by the county to cover its197.12administrative costs, and $4 to be paid to the state treasury197.13and credited to the general fund;197.14 (2) for registering a first certificate of title, including 197.15 issuing a copy of it,$30$46. Pursuant to clause (1), 197.16 distribution of this fee is as follows: 197.17 (i) $10.50 shall be paid to the state treasury and credited 197.18 to the general fund; 197.19 (ii) $10 shall be deposited in the technology fund pursuant 197.20 to section 357.18, subdivision 3; and 197.21 (iii) $25.50 shall be deposited in the county general fund; 197.22 (3) for registering each instrument transferring the fee 197.23 simple title for which a new certificate of title is issued and 197.24 for the registration of the new certificate of title, including 197.25 a copy of it,$30$46. Pursuant to clause (1), distribution of 197.26 this fee is as follows: 197.27 (i) $12 shall be paid to the state treasury and credited to 197.28 the general fund; 197.29 (ii) $10 shall be deposited in the technology fund pursuant 197.30 to section 357.18, subdivision 3; and 197.31 (iii) $24 shall be deposited in the county general fund; 197.32 (4)for issuance of a CECT pursuant to section 508.351,197.33$15;197.34(5)for the entry of each memorial on a 197.35 certificate,$15$46. For multiple certificate entries, $20 197.36 thereafter. Pursuant to clause (1), distribution of this fee is 198.1 as follows: 198.2 (i) $12 shall be paid to the state treasury and credited to 198.3 the general fund; 198.4 (ii) $10 shall be deposited in the technology fund pursuant 198.5 to section 357.18, subdivision 3; 198.6 (iii) $24 shall be deposited in the county general fund; 198.7 and 198.8 (iv) $20 shall be deposited in the county general fund for 198.9 each multiple entry used; 198.10(6)(5) for issuing each residue certificate,$20$40; 198.11(7)(6) for exchange certificates,$10$20 for each 198.12 certificate canceled and$10$20 for each new certificate 198.13 issued; 198.14(8)(7) for each certificate showing condition of the 198.15 register,$10$50; 198.16(9)(8) for any certified copy of any instrument or writing 198.17 on file or recorded in theregistrar'sregistrar of titles' 198.18 office,the same fees allowed by law to county recorders for198.19like services$10; 198.20(10)(9) for a noncertified copy of any certificate of 198.21 title, other than the copies issued under clauses (2) and (3), 198.22 any instrument or writing on file or recorded in the office of 198.23 the registrar of titles, or any specified page or part of it, an 198.24 amount as determined by the county board for each page or 198.25 fraction of a page specified. If computer or microfilm printers 198.26 are used to reproduce the instrument or writing, a like amount 198.27 per image; 198.28 (10) for a noncertified copy of any document submitted for 198.29 recording, if the original document is accompanied by a copy or 198.30 duplicate original, $2. Upon receipt of the copy or duplicate 198.31 original and payment of the fee, a registrar of titles shall 198.32 return it marked "copy" or "duplicate," showing the recording 198.33 date and, if available, the document number assigned to the 198.34 original; 198.35 (11) for filing two copies of any plat in the office of the 198.36 registrar,$30$56. Pursuant to clause (1), distribution of 199.1 this fee is as follows: 199.2 (i) $12 shall be paid to the state treasury and credited to 199.3 the general fund; 199.4 (ii) $10 shall be deposited in the technology fund pursuant 199.5 to section 357.18, subdivision 3; and 199.6 (iii) $34 shall be deposited in the county general fund; 199.7 (12) for any other service under this chapter, such fee as 199.8 the court shall determine; 199.9 (13) for filing an amendment to a declaration in 199.10 accordance with chapter 515,$10$46 for each certificate upon 199.11 which the document is registered and$30for multiple 199.12 certificate entries, $20 thereafter; $56 for an amended floor 199.13 plan filed in accordance with chapter 515;. Pursuant to clause 199.14 (1), distribution of this fee is as follows: 199.15 (i) $12 shall be paid to the state treasury and credited to 199.16 the general fund; 199.17 (ii) $10 shall be deposited in the technology fund pursuant 199.18 to section 357.18, subdivision 3; 199.19 (iii) $24 shall be deposited in the county general fund for 199.20 amendment to a declaration; 199.21 (iv) $20 shall be deposited in the county general fund for 199.22 each multiple entry used; and 199.23 (v) $34 shall be deposited in the county general fund for 199.24 an amended floor plan; 199.25 (14) for issuance of a CECT pursuant to section 508.351, 199.26 $40; 199.27(14)(15) for filing an amendment to a common interest 199.28 community declaration and plat or amendment complying with 199.29 section 515B.2-110, subsection (c),$10$46 for each certificate 199.30 upon which the document is registered and$30for multiple 199.31 certificate entries, $20 thereafter and $56 for the filing of 199.32 the condominium or common interest community plat or amendment. 199.33 Pursuant to clause (1), distribution of this fee is as follows: 199.34 (i) $12 shall be paid to the state treasury and credited to 199.35 the general fund; 199.36 (ii) $10 shall be deposited in the technology fund pursuant 200.1 to section 357.18, subdivision 3; 200.2 (iii) $24 shall be deposited in the county general fund for 200.3 the filing of an amendment complying with section 515B.2-110, 200.4 subsection (c); 200.5 (iv) $20 shall be deposited in the county general fund for 200.6 each multiple entry used; and 200.7 (v) $34 shall be deposited in the county general fund for 200.8 the filing of a condominium or CIC plat or amendment; 200.9(15)(16) for a copy of a condominium floor plan filed in 200.10 accordance with chapter 515, or a copy of a common interest 200.11 community plat complying with section 515B.2-110, subsection 200.12 (c), the fee shall be $1 for each page of the floor plan or 200.13 common interest community plat with a minimum fee of $10; 200.14(16)(17) for the filing of a certified copy of a plat of 200.15 the survey pursuant to section 508.23 or 508.671,$10$46. 200.16 Pursuant to clause (1), distribution of this fee is as follows: 200.17 (i) $12 shall be paid to the state treasury and credited to 200.18 the general fund; 200.19 (ii) $10 shall be deposited in the technology fund pursuant 200.20 to section 357.18, subdivision 3; and 200.21 (iii) $24 shall be deposited in the county general fund; 200.22(17)(18) for filing a registered land survey in triplicate 200.23 in accordance with section 508.47, subdivision 4,$30$56. 200.24 Pursuant to clause (1), distribution of this fee is as follows: 200.25 (i) $12 shall be paid to the state treasury and credited to 200.26 the general fund; 200.27 (ii) $10 shall be deposited in the technology fund pursuant 200.28 to section 357.18, subdivision 3; and 200.29 (iii) $34 shall be deposited in the county general fund; 200.30 and 200.31(18)(19) for furnishing a certified copy of a registered 200.32 land survey in accordance with section 508.47, subdivision 200.33 4,$10$15. 200.34 Subd. 1a. [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR 200.35 OF TITLES' OFFICE.] Notwithstanding the provisions of any 200.36 general or special law to the contrary, and pursuant to section 201.1 357.182, the established fees pursuant to subdivision 1 shall be 201.2 the fee charged in all counties for the specified service, other 201.3 than Uniform Commercial Code documents and documents filed or 201.4 recorded pursuant to sections 270.69, subdivision 2, paragraph 201.5 (c); 272.481 to 272.488; 277.20; and 386.77. 201.6 Subd. 2. [VARIANCE FROM STANDARDS.] A documentthat does201.7notshould conform to the standards in section 507.093, 201.8 paragraph (a),shall not be filed except upon payment of an201.9additional fee of $10 per documentbut should not be rejected 201.10 unless the document is not legible or cannot be archived. This 201.11 subdivision applies only to documents dated after July 31, 1997, 201.12 and does not apply to Minnesota uniform conveyancing 201.13 blankscontained in the book of formson file in the office of 201.14 the commissioner of commerce provided for under section 507.09, 201.15 certified copies, or any other form provided for under Minnesota 201.16 Statutes. 201.17 Sec. 30. Minnesota Statutes 2004, section 508A.82, is 201.18 amended to read: 201.19 508A.82 [REGISTRAR'SREGISTRAR OF TITLES' FEES.] 201.20 Subdivision 1. [STANDARD DOCUMENTS.] The fees to bepaid201.21tocharged by the registrar of titles shall beas followsand 201.22 not exceed the following: 201.23 (1) of the fees provided herein,five percent$1.50 of the 201.24 fees collected under clauses (3), (5), (11), (13),(14)(15), 201.25 and(17),(18) for filing or memorializing shall be paid to the 201.26commissioner of financestate treasury pursuant to section 201.27 508.75 and credited to the general fund;plus a $4.50 surcharge201.28shall be charged and collected in addition to the total fees201.29charged for each transaction under clauses (2), (3), (5), (11),201.30(13), (14), and (17), with 50 cents of this surcharge to be201.31retained by the county to cover its administrative costs, and $4201.32to be paid to the state treasury and credited to the general201.33fund;201.34 (2) for registering a first CPT, including issuing a copy 201.35 of it,$30;$46. Pursuant to clause (1), distribution of the 201.36 fee is as follows: 202.1 (i) $10.50 shall be paid to the state treasury and credited 202.2 to the general fund; 202.3 (ii) $10 shall be deposited in the technology fund pursuant 202.4 to section 357.18, subdivision 3; and 202.5 (iii) $25.50 shall be deposited in the county general fund; 202.6 (3) for registering each instrument transferring the fee 202.7 simple title for which a new CPT is issued and for the 202.8 registration of the new CPT, including a copy of it,$30;$46. 202.9 Pursuant to clause (1), distribution of the fee is as follows: 202.10 (i) $12 shall be paid to the state treasury and credited to 202.11 the general fund; 202.12 (ii) $10 shall be deposited in the technology fund pursuant 202.13 to section 357.18, subdivision 3; and 202.14 (iii) $24 shall be deposited in the county general fund; 202.15 (4) for issuance of a CECT pursuant to section 508A.351, 202.16 $15; 202.17 (5) for the entry of each memorial on a CPT,$15;$46; for 202.18 multiple certificate entries, $20 thereafter. Pursuant to 202.19 clause (1), distribution of the fee is as follows: 202.20 (i) $12 shall be paid to the state treasury and credited to 202.21 the general fund; 202.22 (ii) $10 shall be deposited in the technology fund pursuant 202.23 to section 357.18, subdivision 3; 202.24 (iii) $24 shall be deposited in the county general fund; 202.25 and 202.26 (iv) $20 shall be deposited in the county general fund for 202.27 each multiple entry used; 202.28 (6) for issuing each residue CPT,$20$40; 202.29 (7) for exchange CPTs or combined certificates of title, 202.30$10$20 for each CPT and certificate of title canceled and 202.31$10$20 for each new CPT or combined certificate of title 202.32 issued; 202.33 (8) for each CPT showing condition of the 202.34 register,$10$50; 202.35 (9) for any certified copy of any instrument or writing on 202.36 file or recorded in theregistrar'sregistrar of titles' office, 203.1the same fees allowed by law to county recorders for like203.2services$10; 203.3 (10) for a noncertified copy of any CPT, other than the 203.4 copies issued under clauses (2) and (3), any instrument or 203.5 writing on file or recorded in the office of the registrar of 203.6 titles, or any specified page or part of it, an amount as 203.7 determined by the county board for each page or fraction of a 203.8 page specified. If computer or microfilm printers are used to 203.9 reproduce the instrument or writing, a like amount per image; 203.10 (11) for a noncertified copy of any document submitted for 203.11 recording, if the original document is accompanied by a copy or 203.12 duplicate original, $2. Upon receipt of the copy or duplicate 203.13 original and payment of the fee, a registrar of titles shall 203.14 return it marked "copy" or "duplicate," showing the recording 203.15 date and, if available, the document number assigned to the 203.16 original; 203.17 (12) for filing two copies of any plat in the office of the 203.18 registrar,$30;$56. Pursuant to clause (1), distribution of 203.19 the fee is as follows: 203.20 (i) $12 shall be paid to the state treasury and credited to 203.21 the general fund; 203.22 (ii) $10 shall be deposited in the technology fund pursuant 203.23 to section 357.18, subdivision 3; and 203.24 (iii) $34 shall be deposited in the county general fund; 203.25(12)(13) for any other service under sections 508A.01 to 203.26 508A.85, the fee the court shall determine; 203.27(13)(14) for filing an amendment to a declaration in 203.28 accordance with chapter 515,$10$46 for each certificate upon 203.29 which the document is registered and$30for multiple 203.30 certificate entries, $20 thereafter; $56 for an amended floor 203.31 plan filed in accordance with chapter 515;. Pursuant to clause 203.32 (1), distribution of the fee is as follows: 203.33 (i) $12 shall be paid to the state treasury and credited to 203.34 the general fund; 203.35 (ii) $10 shall be deposited in the technology fund pursuant 203.36 to section 357.18, subdivision 3; 204.1 (iii) $24 shall be deposited in the county general fund for 204.2 amendment to a declaration; 204.3 (iv) $20 shall be deposited in the county general fund for 204.4 each multiple entry used; and 204.5 (v) $34 shall be deposited in the county general fund for 204.6 an amended floor plan; 204.7(14)(15) for issuance of a CECT pursuant to section 204.8 508.351, $40; 204.9 (16) for filing an amendment to a common interest community 204.10 declaration and plat or amendment complying with section 204.11 515B.2-110, subsection (c), and issuing a CECT if 204.12 required,$10$46 for each certificate upon which the document 204.13 is registered and$30for multiple certificate entries, $20 204.14 thereafter; $56 for the filing of the condominium or common 204.15 interest community plat or amendment;. Pursuant to clause (1), 204.16 distribution of the fee is as follows: 204.17 (i) $12 shall be paid to the state treasury and credited to 204.18 the general fund; 204.19 (ii) $10 shall be deposited in the technology fund pursuant 204.20 to section 357.18, subdivision 3; 204.21 (iii) $24 shall be deposited in the county general fund for 204.22 the filing of an amendment complying with section 515B.2-110, 204.23 subsection (c); 204.24 (iv) $20 shall be deposited in the county general fund for 204.25 each multiple entry used; and 204.26 (v) $34 shall be deposited in the county general fund for 204.27 the filing of a condominium or CIC plat or amendment; 204.28(15)(17) for a copy of a condominium floor plan filed in 204.29 accordance with chapter 515, or a copy of a common interest 204.30 community plat complying with section 515B.2-110, subsection 204.31 (c), the fee shall be $1 for each page of the floor plan, or 204.32 common interest community plat with a minimum fee of $10; 204.33(16)(18) in counties in which the compensation of the 204.34 examiner of titles is paid in the same manner as the 204.35 compensation of other county employees, for each parcel of land 204.36 contained in the application for a CPT, as the number of parcels 205.1 is determined by the examiner, a fee which is reasonable and 205.2 which reflects the actual cost to the county, established by the 205.3 board of county commissioners of the county in which the land is 205.4 located; 205.5(17)(19) for filing a registered land survey in triplicate 205.6 in accordance with section 508A.47, subdivision 4,$30; and$56. 205.7 Pursuant to clause (1), distribution of the fee is as follows: 205.8 (i) $12 shall be paid to the state treasury and credited to 205.9 the general fund; 205.10 (ii) $10 shall be deposited in the technology fund pursuant 205.11 to section 357.18, subdivision 3; and 205.12 (iii) $34 shall be deposited in the county general fund; 205.13 and 205.14(18)(20) for furnishing a certified copy of a registered 205.15 land survey in accordance with section 508A.47, subdivision 205.16 4,$10$15. 205.17 Subd. 1a. [FEES TO RECORD INSTRUMENTS WITH REGISTRAR OF 205.18 TITLES.] Notwithstanding any special law to the contrary, and 205.19 pursuant to section 357.182, the established fees pursuant to 205.20 subdivision 1 shall be the fee charged in all counties for the 205.21 specified service, other than Uniform Commercial Code documents, 205.22 and documents filed or recorded pursuant to sections 270.69, 205.23 subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and 205.24 386.77. 205.25 Subd. 2. [VARIANCE FROM STANDARDS.] A documentthat does205.26notshould conform to the standards in section 507.093, 205.27 paragraph (a),shall not be filed except upon payment of an205.28additional fee of $10 per documentbut should not be rejected 205.29 unless the document is not legible or cannot be archived. This 205.30 subdivision applies only to documents dated after July 31, 1997, 205.31 and does not apply to Minnesota uniform conveyancing 205.32 blankscontained in the book of formson file in the office of 205.33 the commissioner of commerce provided for under section 507.09, 205.34 certified copies, or any other form provided for under Minnesota 205.35 Statutes. 205.36 Sec. 31. Minnesota Statutes 2004, section 515B.1-116, is 206.1 amended to read: 206.2 515B.1-116 [RECORDING.] 206.3 (a) A declaration, bylaws, any amendment to a declaration 206.4 or bylaws, and any other instrument affecting a common interest 206.5 community shall be entitled to be recorded. In those counties 206.6 which have a tract index, the county recorder shall enter the 206.7 declaration in the tract index for each unit affected. The 206.8 registrar of titles shall file the declaration in accordance 206.9 with section 508.351 or 508A.351. 206.10 (b) The recording officer shall upon request promptly 206.11 assign a number (CIC number) to a common interest community to 206.12 be formed or to a common interest community resulting from the 206.13 merger of two or more common interest communities. 206.14 (c) Documents recorded pursuant to this chapter shall in 206.15 the case of registered land be filed, and references to the 206.16 recording of documents shall mean filed in the case of 206.17 registered land. 206.18 (d) Subject to any specific requirements of this chapter, 206.19 if a recorded document relating to a common interest community 206.20 purports to require a certain vote or signatures approving any 206.21 restatement or amendment of the document by a certain number or 206.22 percentage of unit owners or secured parties, and if the 206.23 amendment or restatement is to be recorded pursuant to this 206.24 chapter, an affidavit of the president or secretary of the 206.25 association stating that the required vote or signatures have 206.26 been obtained shall be attached to the document to be recorded 206.27 and shall constitute prima facie evidence of the representations 206.28 contained therein. 206.29 (e) If a common interest community is located on registered 206.30 land, the recording fee for any document affecting two or more 206.31 units shall bethe then-current fee for registering the document206.32on the certificates of title for the first ten affected206.33certificates and one-third of the then-current fee for each206.34additional affected certificate$40 for the first ten affected 206.35 certificates and $10 for each additional affected certificate. 206.36 This provision shall not apply to recording fees for deeds of 207.1 conveyance, with the exception of deeds given pursuant to 207.2 sections 515B.2-119 and 515B.3-112. 207.3 (f) Except as permitted under this subsection, a recording 207.4 officer shall not file or record a declaration creating a new 207.5 common interest community, unless the county treasurer has 207.6 certified that the property taxes payable in the current year 207.7 for the real estate included in the proposed common interest 207.8 community have been paid. This certification is in addition to 207.9 the certification for delinquent taxes required by section 207.10 272.12. In the case of preexisting common interest communities, 207.11 the recording officer shall accept, file, and record the 207.12 following instruments, without requiring a certification as to 207.13 the current or delinquent taxes on any of the units in the 207.14 common interest community: (i) a declaration subjecting the 207.15 common interest community to this chapter; (ii) a declaration 207.16 changing the form of a common interest community pursuant to 207.17 section 515B.2-123; or (iii) an amendment to or restatement of 207.18 the declaration, bylaws, or CIC plat. In order for an 207.19 instrument to be accepted and recorded under the preceding 207.20 sentence, the instrument must not create or change unit or 207.21 common area boundaries. 207.22 Sec. 32. Minnesota Statutes 2004, section 604.15, 207.23 subdivision 2, is amended to read: 207.24 Subd. 2. [ACTS CONSTITUTING.] (a) The owner of a vehicle 207.25 that receives motor fuel that was not paid for is liable to the 207.26 retailer for the price of the motor fuel received and a service 207.27 charge ofup to $20, or the actual costs of collection not to207.28exceed$30. This charge may be imposed immediately upon the 207.29 mailing of the notice under subdivision 3, if notice of the 207.30 service charge was conspicuously displayed on the premises from 207.31 which the motor fuel was received. The notice must include a 207.32 statement that additional civil penalties will be imposed if 207.33 payment is not received within 30 days. Only one service charge 207.34 may be imposed under this paragraph for each incident. If a law 207.35 enforcement agency obtains payment for the motor fuel on behalf 207.36 of the retailer, the service charge may be retained by the law 208.1 enforcement agency for its expenses. 208.2 (b) If the price of the motor fuel received is not paid 208.3 within 30 days after the retailer has mailed notice under 208.4 subdivision 3, the owner is liable to the retailer for the price 208.5 of the motor fuel received, the service charge as provided in 208.6 paragraph (a), plus a civil penalty not to exceed $100 or the 208.7 price of the motor fuel, whichever is greater. In determining 208.8 the amount of the penalty, the court shall consider the amount 208.9 of the fuel taken and the reason for the nonpayment. The 208.10 retailer shall also be entitled to: 208.11 (1) interest at the legal rate for judgments under section 208.12 549.09 from the date of nonpayment; and 208.13 (2) reasonable attorney fees, but not to exceed $500. 208.14 The civil penalty may not be imposed until 30 days after 208.15 the mailing of the notice under subdivision 3. 208.16 [EFFECTIVE DATE.] This section is effective July 1, 2005, 208.17 and applies to acts committed on or after that date. 208.18 Sec. 33. Minnesota Statutes 2004, section 604.15, is 208.19 amended by adding a subdivision to read: 208.20 Subd. 5. [NOT A BAR TO CRIMINAL LIABILITY.] Civil 208.21 liability under this section does not preclude criminal 208.22 liability under applicable law. 208.23 [EFFECTIVE DATE.] This section is effective the day 208.24 following final enactment. 208.25 Sec. 34. [HOMELESSNESS PILOT PROJECTS; GRANTS.] 208.26 Subdivision 1. [GRANTS.] The commissioner of public 208.27 safety, in consultation with the director of ending long-term 208.28 homelessness, the Ending Long-Term Homelessness Advisory 208.29 Council, and the Department of Human Services Office of Economic 208.30 Opportunity, shall award grants for homeless outreach and to 208.31 provide a bridge to stable housing and services. The 208.32 commissioner shall award grants to qualified applicants in 208.33 Hennepin County, Ramsey County, and one county outside the 208.34 seven-county metropolitan area. An entity outside the 208.35 seven-county metropolitan area receiving a grant under this 208.36 section shall provide a 25 percent match. An entity within the 209.1 seven-county metropolitan area receiving a grant under this 209.2 section shall provide a 50 percent match. Grants must be used 209.3 for homelessness pilot projects of a two-year duration that 209.4 reduce recidivism and promote stronger communities through 209.5 street and shelter outreach to connect people experiencing 209.6 homelessness to housing and services. 209.7 Subd. 2. [APPLICATIONS.] An applicant for a grant under 209.8 subdivision 1 must establish that: 209.9 (1) the applicant is experienced in homeless outreach 209.10 services and will have staff qualified to work with people with 209.11 serious mental illness, chemical dependency, and other factors 209.12 contributing to homelessness; 209.13 (2) the applicant employs outreach staff who are trained 209.14 and qualified to work with racially and culturally diverse 209.15 populations; 209.16 (3) outreach services will be targeted to, but not limited 209.17 to, people experiencing long-term homelessness, and people who 209.18 have had repeated interactions with law enforcement; 209.19 (4) outreach services will provide intervention strategies 209.20 linking people to housing and services as an alternative to 209.21 arrest; 209.22 (5) the applicant has a plan to connect people experiencing 209.23 homelessness to services for which they may be eligible such as 209.24 supplemental security income, veterans benefits, health care, 209.25 housing assistance, and long-term support programs for those 209.26 with serious mental illness; 209.27 (6) the applicant's project will promote community 209.28 collaboration with local law enforcement, local and county 209.29 governments, social services providers, mental health crisis 209.30 providers, and other community organizations to address 209.31 homelessness; 209.32 (7) the applicant has a plan to leverage resources from the 209.33 entities listed in clause (6) and other private sources to 209.34 accomplish the goal of moving people into housing and services; 209.35 and 209.36 (8) the applicant has a plan for evaluation of the 210.1 applicant's pilot project that is designed to measure the 210.2 program's effectiveness in connecting people experiencing 210.3 homelessness to housing and services and reducing the use of 210.4 public safety and corrections resources. 210.5 Subd. 3. [ANNUAL REPORT.] Grant recipients shall report to 210.6 the commissioner by June 30, 2006, and June 30, 2007, on the 210.7 services provided, expenditures of grant money, and an 210.8 evaluation of the program's success in: (1) connecting 210.9 individuals experiencing homelessness to housing and services; 210.10 and (2) reducing the use of public safety and corrections 210.11 resources. The commissioner shall submit reports to the chairs 210.12 and ranking minority members of the house of representatives and 210.13 senate committees having jurisdiction over public safety and 210.14 health and human services by November 1, 2006, and November 1, 210.15 2007. The commissioner's reports must explain how the grant 210.16 proceeds were used and evaluate the effectiveness of the pilot 210.17 projects funded by the grants. 210.18 [EFFECTIVE DATE.] This section is effective July 1, 2005. 210.19 Sec. 35. [SPECIAL REVENUE SPENDING AUTHORIZATION FROM 210.20 CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.] 210.21 Remaining balances in the special revenue fund from 210.22 spending authorized by Laws 2001, First Special Session chapter 210.23 8, article 7, section 14, subdivision 1, for which spending 210.24 authorization ended June 30, 2003, under Laws 2001, First 210.25 Special Session chapter 8, article 7, section 14, subdivision 3, 210.26 are transferred to the general fund. 210.27 [EFFECTIVE DATE.] This section is effective July 1, 2005. 210.28 Sec. 36. [MCF-FARIBAULT DEDICATION OF SPACE.] 210.29 While planning, designing, and constructing new facilities 210.30 on the campus of the Minnesota Correctional Facility in 210.31 Faribault, the commissioner of corrections shall designate a 210.32 space on the campus sufficient in size to build one additional 210.33 prison building. This space must be preserved and designated 210.34 for the benefit of Rice County for the future construction of a 210.35 county correctional facility. 210.36 [EFFECTIVE DATE.] This section is effective the day 211.1 following final enactment and expires on July 1, 2015. 211.2 Sec. 37. [REPEALER.] 211.3 (a) Minnesota Statutes 2004, sections 299A.68; and 299C.65, 211.4 subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed. 211.5 (b) Minnesota Statutes 2004, section 386.30, is repealed. 211.6 [EFFECTIVE DATE.] This section is effective July 1, 2005.