SF 2375

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data practices; providing for access to 
  1.3             data of political subdivisions for purposes of child 
  1.4             support and paternity actions; authorizing the sharing 
  1.5             of certain court services data; amending Minnesota 
  1.6             Statutes 1998, sections 13.84, subdivisions 5 and 6; 
  1.7             and 609.115, subdivision 5; Minnesota Statutes 1999 
  1.8             Supplement, section 256.978, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 13.84, 
  1.11  subdivision 5, is amended to read:  
  1.12     Subd. 5.  [DISCLOSURE.] Private or confidential court 
  1.13  services data shall not be disclosed except:  
  1.14     (a) Pursuant to section 13.05; 
  1.15     (b) Pursuant to a statute specifically authorizing 
  1.16  disclosure of court services data; 
  1.17     (c) With the written permission of the source of 
  1.18  confidential data; 
  1.19     (d) To the court services department, parole or probation 
  1.20  authority or state or local correctional agency or facility 
  1.21  having statutorily granted supervision over the individual 
  1.22  subject of the data; 
  1.23     (e) Pursuant to subdivision 5a; or 
  1.24     (f) Pursuant to a valid court order. 
  1.25     Sec. 2.  Minnesota Statutes 1998, section 13.84, 
  1.26  subdivision 6, is amended to read: 
  1.27     Subd. 6.  [PUBLIC DATA.] The following court services data 
  2.1   on adult individuals is public:  
  2.2      (a) name, age, date of birth, sex, occupation and the fact 
  2.3   that an individual is a parolee, probationer or participant in a 
  2.4   diversion program, and if so, at what location; 
  2.5      (b) the offense for which the individual was placed under 
  2.6   supervision; 
  2.7      (c) the dates supervision began and ended and the duration 
  2.8   of supervision; 
  2.9      (d) court services data which was public in a court or 
  2.10  other agency which originated the data; 
  2.11     (e) arrest and detention orders, orders for parole or 
  2.12  probation revocation and the reasons for revocation; 
  2.13     (f) the conditions of parole, probation or participation 
  2.14  and the extent to which those conditions have been or are being 
  2.15  met; 
  2.16     (g) identities of agencies, units within agencies and 
  2.17  individuals providing supervision; and 
  2.18     (h) the legal basis for any change in supervision and the 
  2.19  date, time and locations associated with the change. 
  2.20     Sec. 3.  Minnesota Statutes 1999 Supplement, section 
  2.21  256.978, subdivision 1, is amended to read: 
  2.22     Subdivision 1.  [REQUEST FOR INFORMATION.] (a) The public 
  2.23  authority responsible for child support in this state or any 
  2.24  other state, in order to locate a person or to obtain 
  2.25  information necessary to establish paternity and child support 
  2.26  or to modify or enforce child support or distribute collections, 
  2.27  may request information reasonably necessary to the inquiry from 
  2.28  the records of (1) all departments, boards, bureaus, or other 
  2.29  agencies of this state agencies or political subdivisions of 
  2.30  this state, as defined in section 13.02, which shall, 
  2.31  notwithstanding the provisions of section 268.19 or any other 
  2.32  law to the contrary, provide the information necessary for this 
  2.33  purpose; and (2) employers, utility companies, insurance 
  2.34  companies, financial institutions, credit grantors, and labor 
  2.35  associations doing business in this state.  They shall provide a 
  2.36  response upon written or electronic request within 30 days of 
  3.1   service of the request made by the public authority.  
  3.2   Information requested and used or transmitted by the 
  3.3   commissioner according to the authority conferred by this 
  3.4   section may be made available to other agencies, statewide 
  3.5   systems, and political subdivisions of this state, and agencies 
  3.6   of other states, interstate information networks, federal 
  3.7   agencies, and other entities as required by federal regulation 
  3.8   or law for the administration of the child support enforcement 
  3.9   program.  
  3.10     (b) For purposes of this section, "state" includes the 
  3.11  District of Columbia, Puerto Rico, the United States Virgin 
  3.12  Islands, and any territory or insular possession subject to the 
  3.13  jurisdiction of the United States. 
  3.14     Sec. 4.  Minnesota Statutes 1998, section 609.115, 
  3.15  subdivision 5, is amended to read: 
  3.16     Subd. 5.  [REPORT TO COMMISSIONER OR LOCAL CORRECTIONAL 
  3.17  AGENCY.] If the defendant is sentenced to the commissioner of 
  3.18  corrections, a copy of any report made pursuant to this section 
  3.19  and not made by the commissioner shall accompany the 
  3.20  commitment.  If the defendant is sentenced to a local 
  3.21  correctional agency or facility, a copy of the report must be 
  3.22  provided to that agency or facility.