SF 2488

as introduced - 92nd Legislature (2021 - 2022) Posted on 05/04/2021 08:09am

A bill for an act
relating to public safety; providing for policy and appropriating money for
Sentencing Guidelines Commission, public safety, Peace Officers Standards and
Training Board, Private Detective Board, corrections, and ombudsperson for
corrections; establishing the Minnesota Rehabilitation and Reinvestment Act;
providing for earned incentive release and supervision abatement status; requiring
reports; appropriating money; amending Minnesota Statutes 2020, sections 241.021,
subdivision 1, by adding subdivisions; 243.52; 244.03; 244.05, subdivisions 1b,
5; 244.065; 299A.52, subdivision 2; 299A.55; 340A.504, subdivision 7; 403.11,
subdivision 1; Laws 2020, Seventh Special Session chapter 2, article 2, section 4;
proposing coding for new law in Minnesota Statutes, chapters 244; 299A; 626.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 740,000 new text end

new text begin $ new text end

new text begin 765,000 new text end

Sec. 3. new text begin PUBLIC SAFETY new text end

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

new text begin $ new text end

new text begin 234,002,000 new text end

new text begin $ new text end

new text begin 215,459,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 147,521,000 new text end	new text begin 129,631,000 new text end
new text begin Special Revenue new text end	new text begin 14,436,000 new text end	new text begin 14,502,000 new text end
new text begin State Government Special Revenue new text end	new text begin 103,000 new text end	new text begin 103,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end
new text begin Trunk Highway new text end	new text begin 3,981,000 new text end	new text begin 3,262,000 new text end
new text begin 911 Fund new text end	new text begin 67,888,000 new text end	new text begin 67,888,000 new text end

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

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

new text begin 3,000,000 new text end

new text begin 3,156,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,927,000 new text end	new text begin 3,083,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end

new text begin Supplemental Nonprofit Security Grants
new text end

new text begin $225,000 each year is for supplemental
nonprofit security grants under this paragraph.
new text end

new text begin Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end

new text begin Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end

new text begin The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. These
appropriations are onetime.
new text end

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

new text begin 82,180,000 new text end

new text begin 78,845,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 78,192,000 new text end	new text begin 75,576,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end	new text begin 3,981,000 new text end	new text begin 3,262,000 new text end

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

new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $3,981,000 in the first
year and $3,262,000 in the second year is from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end

new text begin (b) Cybersecurity
new text end

new text begin $3,455,000 in fiscal year 2022 and $3,105,000
in fiscal year 2023 is from the general fund
for staff, hardware, and software to upgrade
critical network infrastructure and support
cybersecurity compliance with standards set
by the Federal Bureau of Investigation. The
base for this is $1,550,000 in fiscal years 2024
and 2025.
new text end

new text begin (c) Rapid DNA Program
new text end

new text begin $285,000 each year is from the general fund
for the Rapid DNA Program.
new text end

new text begin (d) Criminal Information Operations
Section 24/7 Operation and Build Out
new text end

new text begin $4,037,000 in fiscal year 2022 and $2,273,000
in fiscal year 2023 is from the general fund
for staff and operating costs to address threat
reporting and response and to build out
unfinished space in the Bureau of Criminal
Apprehension headquarters building in St.
Paul.
new text end

new text begin $539,000 in fiscal year 2022 is from the
general fund for costs related to responding
to civil unrest. This is a onetime appropriation.
new text end

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

new text begin 8,752,000 new text end

new text begin 8,818,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 178,000 new text end	new text begin 178,000 new text end
new text begin Special Revenue new text end	new text begin 8,574,000 new text end	new text begin 8,640,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation from this account is $8,740,000
in fiscal year 2024 and $8,640,000 in fiscal
year 2025.
new text end

new text begin (a) Inspections
new text end

new text begin $350,000 each year is for inspection of nursing
homes and boarding care facilities.
new text end

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

new text begin $950,000 the first year and $850,000 the
second year is from the fire safety account in
the special revenue fund. These amounts must
be used to fund the hazardous materials and
chemical assessment teams. Of this amount,
$100,000 the first year is for cases for which
there is no identified responsible party. The
base appropriation is $950,000 in fiscal year
2024 and $850,000 in fiscal year 2025.
new text end

new text begin (c) Bomb Squad Reimbursements
new text end

new text begin $50,000 each year is from the general fund for
reimbursements to local governments for
bomb squad services.
new text end

new text begin (d) Emergency Response Teams
new text end

new text begin $675,000 each year is from the fire safety
account in the special revenue fund to maintain
four emergency response teams: one under the
jurisdiction of the St. Cloud Fire Department
or a similarly located fire department if
necessary; one under the jurisdiction of the
Duluth Fire Department; one under the
jurisdiction of the St. Paul Fire Department;
and one under the jurisdiction of the Moorhead
Fire Department.
new text end

new text begin Subd. 5. new text end new text begin Firefighter Training and Education Board new text end

new text begin 5,792,000 new text end

new text begin 5,792,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 5,792,000 new text end	new text begin 5,792,000 new text end

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

new text begin (a) Firefighter Training and Education new text end

new text begin $4,500,000 each year is for firefighter training
and education.
new text end

new text begin (b) Task Force 1
new text end

new text begin $975,000 each year is for the Minnesota Task
Force 1.
new text end

new text begin (c) Air Rescue
new text end

new text begin $317,000 each year is for the Minnesota Air
Rescue Team.
new text end

new text begin (d) Unappropriated Revenue new text end

new text begin Any additional unappropriated money
collected in fiscal year 2021 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end

new text begin Subd. 6. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 2,533,000 new text end

new text begin 2,554,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,463,000 new text end	new text begin 2,484,000 new text end
new text begin Special Revenue new text end	new text begin 70,000 new text end	new text begin 70,000 new text end

new text begin $70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end

new text begin Legal Costs
new text end

new text begin $93,000 in fiscal year 2022 is for legal costs
associated with Alexis Bailly Vineyard, Inc.
v. Harrington. This is a onetime appropriation.
new text end

new text begin $71,000 in fiscal year 2022 is from the general
fund for costs related to responding to civil
unrest. This is a onetime appropriation.
new text end

new text begin Subd. 7. new text end new text begin Office of Justice Programs new text end

new text begin 63,786,000 new text end

new text begin 48,406,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 63,690,000 new text end	new text begin 48,310,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin (a) Combatting Sex Trafficking Grants
new text end

new text begin $2,500,000 in the first year is to implement
new or expand existing strategies to combat
sex trafficking. This is a onetime
appropriation.
new text end

new text begin (b) Survivor Support and Prevention
Grants
new text end

new text begin $10,000,000 in the first year is to fund
emerging or unmet needs impacting victims
of crime, particularly in underserved
populations. This may include but is not
limited to support for immediate and emerging
needs for victims of crime or domestic abuse
transformative justice programs. This is a
onetime appropriation.
new text end

new text begin (c) Juvenile Justice Unit
new text end

new text begin $1,100,000 each year is to establish and
maintain a Juvenile Justice Unit to strengthen
administration of the Juvenile Justice and
Delinquency Prevention Act and to administer
grants to improve outcomes for youth and to
reduce ethnic and racial disparities in the
juvenile justice system.
new text end

new text begin (d) Missing and Murdered Indigenous
Women Implementation Office
new text end

new text begin $500,000 each year is to establish and
maintain an office dedicated to preventing and
ending the targeting of Indigenous women,
children, and two-spirit people through
coordination with Tribal nations, executive
branch agencies and commissions, and
community organizations and impacted
communities.
new text end

new text begin (e) Minnesota Heals Program
new text end

new text begin $4,200,000 each year is to establish and
maintain the Minnesota Heals program. Of
this amount, $1,400,000 each year is for a
statewide critical incident stress management
service for first responders; $1,400,000 each
year is for grants for establishing and
maintaining a community healing network;
and $1,400,000 each year is for reimbursement
for burial costs, cultural ceremonies, and
mental health and trauma healing services for
families following an officer-involved death.
new text end

new text begin (f) Innovation in Community Safety Grants
new text end

new text begin $5,000,000 in the first year and $2,000,000 in
the second year is for innovation in community
safety grants. The base appropriation is
$2,000,000 in fiscal year 2024 and $2,000,000
in fiscal year 2025.
new text end

new text begin (g) Youth Intervention Program Grants
new text end

new text begin $500,000 in the first year and $500,000 in the
second year is for youth intervention program
grants. The base appropriation is $500,000 in
fiscal year 2024 and $500,000 in fiscal year
2025.
new text end

new text begin (h) Administration Costs
new text end

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

new text begin Subd. 8. new text end new text begin Emergency Communication Networks new text end

new text begin 67,888,000 new text end

new text begin 67,888,000 new text end

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

new text begin This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs shall be
incorporated into the service level agreement
and shall be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
new text end

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

new text begin $27,328,000 in the first year and $28,011,000
in the second year shall be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2. The base appropriation
is $28,011,000 in fiscal year 2024 and
$28,011,000 in fiscal year 2025.
new text end

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

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

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

new text begin $9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end

new text begin (d) ARMER Improvements
new text end

new text begin $1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end

Sec. 4. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

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

new text begin $ new text end

new text begin 12,046,000 new text end

new text begin $ new text end

new text begin 11,946,000 new text end

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

new text begin Subd. 2. new text end new text begin Peace Officer Training Reimbursements new text end

new text begin $2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end

new text begin Subd. 3. new text end new text begin Peace Officer Training Assistance new text end

new text begin $6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund."
new text end

new text begin Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualifications, including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provided; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
new text end

new text begin The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
new text end

new text begin A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
new text end

Sec. 5. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 282,000 new text end

new text begin $ new text end

new text begin 288,000 new text end

Sec. 6. new text begin CORRECTIONS new text end

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

new text begin $ new text end

new text begin 631,537,000 new text end

new text begin $ new text end

new text begin 639,094,000 new text end

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

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

new text begin 461,254,000 new text end

new text begin 469,086,000 new text end

new text begin $200,000 in each fiscal year is to implement
the healthy start act that shall create a release
program for pregnant women and new mothers
who are committed to the commissioner of
corrections, providing alternatives to
incarceration and improving parenting skills.
new text end

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

new text begin 139,672,000 new text end

new text begin 138,999,000 new text end

new text begin (a) Oversight
new text end

new text begin $992,000 in fiscal year 2022 and $492,000 in
fiscal year 2023 are to expand and improve
oversight of jails and other state and local
correctional facilities, including the addition
of four full-time corrections detention facilities
inspectors and funds for county sheriffs who
inspect municipal lockups.
new text end

new text begin (b) Juvenile Justice
new text end

new text begin $1,660,000 in fiscal year 2022 and $660,000
in fiscal year 2023 are appropriated from the
general fund to the commissioner of
corrections to develop and implement a
juvenile justice data repository and modernize
the current juvenile management system
including but not limited to technology and
staffing costs. $285,000 is added to the base
in each of fiscal years 2024 and 2025.
new text end

new text begin (c) Community Corrections Act
new text end

new text begin $1,220,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14. This is a onetime increase for the
biennium and requires the submission of a
report to the legislature no later than December
15, 2021, with recommendations from a
working group established to study
supervision services and funding across the
state and develop recommendations. The base
for this appropriation increase is $0 in fiscal
year 2024 and $0 in fiscal year 2025.
new text end

new text begin The commissioner of corrections shall convene
a working group to study and report to the
legislature on the attributes and requirements
of an effective supervision system. The report
shall describe how the state and counties can
achieve an effective supervision system
together, balancing local control with state
support and collaboration. The report shall
include: a proposal for sustainable funding of
the state's community supervision delivery
systems; a plan for the potential of future
Tribal government supervision of probationers
and supervised releasees; a definition of core
or base-level supervision standards in
accordance with the state's obligation to fund
or provide supervision services which are
geographically equitable and reflect the
principles of modern correctional practice; a
recommended funding model and the
associated costs as compared to the state's
current investment in those services;
alternative funding and delivery models and
the alternative models' associated costs when
compared with the state's current investment
in those services; and mechanisms to ensure
balanced application of increases in the cost
of community supervision services.
new text end

new text begin The working group shall at a minimum include
the following members: the commissioner of
corrections or the commissioner's designee
and four other representatives from the
Department of Corrections, five directors of
the Minnesota Association of Community
Corrections Act Counties, five directors of the
Minnesota Association of County Probation
Offices, three county commissioner
representatives from the Association of
Minnesota Counties with one from each
delivery system, three representatives of the
Minnesota Indian Affairs Council Tribal
government members, and two district court
judge representatives designated by the State
Court Administrator. The working group may
include other members and the use of a
third-party organization to provide process
facilitation, statewide stakeholder engagement,
data analysis, programming and supervision
assessments, and technical assistance through
implementation of the adopted report
recommendations.
new text end

new text begin The report shall be submitted to the chairs and
ranking minority members of the House Public
Safety Committee and the Senate Judiciary
and Finance Committee no later than
December 15, 2021.
new text end

new text begin (d) County Probation Officer
Reimbursement
new text end

new text begin $101,000 each year is for county probation
officers reimbursement, as described in
Minnesota Statutes, section 244.19,
subdivision 6. This is a onetime increase for
the biennium and requires the submission of
a report to the legislature no later than
December 15, 2021, with recommendations
from a working group established to study
supervision services and funding across the
state and develop recommendations. The base
for this appropriations increase is $0 in fiscal
year 2024 and $0 in fiscal year 2025.
new text end

new text begin (e) Probation Supervision Services
new text end

new text begin $1,170,000 each year is for probation
supervision services provided by the
Department of Corrections in Meeker, Mille
Lacs, and Renville Counties as described in
Minnesota Statutes, section 244.19,
subdivision 1. The commissioner of
corrections shall bill Meeker, Mille Lacs, and
Renville Counties for the total cost of and
expenses incurred for probation services on
behalf of each county, as described in
Minnesota Statutes, section 244.19,
subdivision 5, and all such reimbursements
shall be deposited in the general fund.
new text end

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

new text begin 30,611,000 new text end

new text begin 31,009,000 new text end

new text begin $1,566,000 in fiscal year 2022 and $1,621,000
in fiscal year 2023 are to increase support for
ongoing technology needs.
new text end

new text begin $40,000 in each fiscal year is to establish the
Indeterminate Sentence Release Board (ISRB)
to review eligible cases and make decisions
for persons serving indeterminate sentences
under the authority of the commissioner of
corrections. The ISRB shall consist of five
members including four persons appointed by
the governor from two recommendations of
each of the majority and minority leaders of
the house of representatives and the senate,
and the commissioner of corrections who shall
serve as chair.
new text end

Sec. 7. new text begin OMBUDSPERSON FOR CORRECTIONS new text end

new text begin $ new text end

new text begin 659,000 new text end

new text begin $ new text end

new text begin 663,000 new text end

Sec. 8. new text begin DISASTER CONTINGENCY ACCOUNT new text end

new text begin $25,000,000 in fiscal year 2022 is appropriated
to the commissioner of public safety from the
general fund for transfer to the disaster
assistance contingency account established
under Minnesota Statutes, section 12.221,
subdivision 6. This is a onetime appropriation.
new text end

Sec. 9. new text begin APPROPRIATION CANCELLATION.
new text end

new text begin (a) The commissioner of public safety must
cancel to the general fund $213,000 from the
fiscal year 2021 general fund appropriations
for Office of Justice Programs on the day
following final enactment.
new text end

new text begin (b) The commissioner of public safety must
cancel to the general fund $132,000 from the
fiscal year 2021 general fund appropriations
for Alcohol and Gambling Enforcement on
the day following final enactment.
new text end

ARTICLE 2

PUBLIC SAFETY

Section 1.

Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:

Subd. 2.

Expense recovery.

The commissioner shall assess the responsible person for
the regional hazardous materials response team costs of response. The commissioner may
bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional
court costs. new text begin Any funds received by the commissioner under this subdivision are appropriated
to the commissioner to pay for costs for which the funds were received. Any remaining
funds at the end of the biennium shall be transferred to the Fire Safety Account.
new text end

Sec. 2.

Minnesota Statutes 2020, section 299A.55, is amended to read:

299A.55 RAILROAD AND PIPELINE SAFETY; OIL AND OTHER HAZARDOUS
MATERIALS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) "Applicable rail carrier" means a railroad company that is subject to an assessment
under section 219.015, subdivision 2.

(c) "Hazardous substance" has the meaning given in section 115B.02, subdivision 8.

(d) "Oil" has the meaning given in section 115E.01, subdivision 8.

(e) "Pipeline company" means any individual, partnership, association, or public or
private corporation who owns and operates pipeline facilities and is required to show specific
preparedness under section 115E.03, subdivision 2.

Subd. 2.

Railroad and pipeline safety account.

(a) A railroad and pipeline safety
account is created in the special revenue fund. The account consists of funds collected under
subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.

deleted text begin (b) $104,000 is annually appropriated from the railroad and pipeline safety account to
the commissioner of the Pollution Control Agency for environmental protection activities
related to railroad discharge preparedness under chapter 115E.
deleted text end

deleted text begin (c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
the railroad and pipeline safety account to the commissioner of transportation for improving
safety at railroad grade crossings.
deleted text end

deleted text begin (d) Following the appropriation in paragraphs (b) and (c), the remaining money in the
account is deleted text end new text begin (b) Funds are new text end annually appropriated to the commissioner of public safety for the
purposes specified in subdivision 3.

Subd. 3.

Allocation of funds.

(a) Subject to funding appropriated for this subdivision,
the commissioner shall provide funds for training and response preparedness related to (1)
derailments, discharge incidents, or spills involving trains carrying oil or other hazardous
substances, and (2) pipeline discharge incidents or spills involving oil or other hazardous
substances.

(b) The commissioner shall allocate available funds as follows:

deleted text begin (1) $100,000 annually for emergency response teams; and
deleted text end

deleted text begin (2) the remaining amount to the Board of Firefighter Training and Education under
section 299N.02 and the Division of Homeland Security and Emergency Management.
deleted text end

new text begin (1) $225,000 for existing full-time equivalent and on-call funding at the Department of
Public Safety, State Fire Marshal Division;
new text end

new text begin (2) $122,000 for program operating expenses;
new text end

new text begin (3) $128,000 transferred to the Minnesota Pollution Control Agency for program
operating expenses;
new text end

new text begin (4) $125,000 for Minnesota Board of Firefighter Training and Education training
programs for fire departments;
new text end

new text begin (5) $200,000 to facilitate and support trainings and exercises for State Emergency
Response Teams;
new text end

new text begin (6) $200,000 to support local planning;
new text end

new text begin (7) $200,000 to replace state hazmat response team equipment;
new text end

new text begin (8) $700,000 for capital equipment and vehicle replacement; and
new text end

new text begin (9) $600,000 transferred to the Department of Transportation for statewide rail crossing
improvements.
new text end

(c) Prior to making allocations under paragraph (b), the commissioner shall consult with
the Fire Service Advisory Committee under section 299F.012, subdivision 2.

(d) The commissioner and the entities identified in paragraph (b), clause (2), shall
prioritize uses of funds based on:

(1) firefighter training needs;

(2) community risk from discharge incidents or spills;

(3) geographic balance; and

(4) recommendations of the Fire Service Advisory Committee.

(e) The following are permissible uses of funds provided under this subdivision:

(1) training costs, which may include, but are not limited to, training curriculum, trainers,
trainee overtime salary, other personnel overtime salary, and tuition;

(2) costs of gear and equipment related to hazardous materials readiness, response, and
management, which may include, but are not limited to, original purchase, maintenance,
and replacement;

(3) supplies related to the uses under clauses (1) and (2); and

(4) emergency preparedness planning and coordination.

(f) Notwithstanding paragraph (b), clause (2), from funds in the railroad and pipeline
safety account provided for the purposes under this subdivision, the commissioner may
retain a balance in the account for budgeting in subsequent fiscal years.

Subd. 4.

Assessments.

(a) The commissioner of public safety shall annually assess
$2,500,000 to railroad and pipeline companies based on the formula specified in paragraph
(b). The commissioner shall deposit funds collected under this subdivision in the railroad
and pipeline safety account under subdivision 2.

(b) The assessment for each railroad is 50 percent of the total annual assessment amount,
divided in equal proportion between applicable rail carriers based on route miles operated
in Minnesota. The assessment for each pipeline company is 50 percent of the total annual
assessment amount, divided in equal proportion between companies based on the yearly
aggregate gallons of oil and hazardous substance transported by pipeline in Minnesota.

deleted text begin (c) The assessments under this subdivision expire July 1, 2017.
deleted text end

Sec. 3.

new text begin [299A.85] MISSING AND MURDERED INDIGENOUS WOMEN
IMPLEMENTATION OFFICE.
new text end

new text begin The commissioner of public safety shall establish and maintain an office dedicated to
preventing and ending the targeting of Indigenous women, children, and two-spirited people
with the Minnesota Office of Justice Programs. The office shall work with Tribal nations;
community organizations; criminal justice partners; federal, state, and local units of
government; and impacted communities to review, develop, enact, and evaluate strategies
to change law, policy, practice, and education that perpetuates the targeting of Indigenous
communities.
new text end

Sec. 4.

new text begin [299A.86] MINNESOTA HEALS.
new text end

new text begin (a) The Minnesota Heals Initiative is established in the Department of Public Safety to
provide:
new text end

new text begin (1) grants to community healing networks;
new text end

new text begin (2) resources for families after an officer-involved death; and
new text end

new text begin (3) a statewide critical incident stress management service.
new text end

new text begin (b) The commissioner of public safety shall establish and maintain a Statewide Critical
Incident Stress Management Service Office for first responders. The office shall manage a
mental health and wellness program for first responders including but not limited to regular
trainings and education videos, self-assessment tools, and professional guidance and
coaching. The office shall establish response teams across the state; provide support and
technical assistance in establishing mutual aid requests; and develop and implement new
trainings, services, online resources, and meetings. The office shall also maintain a referral
program.
new text end

new text begin (c) The Office of Justice Programs shall administer a grant program to fund community
healing networks to sustain trauma-informed responses to promote healing after critical
events and natural disasters. Grants are for culturally, trauma-informed training and for
coordinating a statewide response network of trainers and responders in collaboration with
local or Tribal governments, or both governments in impacted areas.
new text end

new text begin The Office of Justice Programs shall establish and maintain a fund to reimburse costs
related to funeral and burial expenses, cultural healing ceremonies, and mental health and
trauma healing services for family members impacted by officer-involved deaths.
new text end

Sec. 5.

new text begin [299A.87] INNOVATION IN COMMUNITY SAFETY GRANTS.
new text end

new text begin The Office of Justice Programs may administer and award innovation in community
safety grants. Local units of government, state agencies, Tribal governments, and community
organizations may receive grants to implement transformative strategies to prevent and
reduce officer-involved deadly force encounters. Grants shall be used for but are not limited
to:
new text end

new text begin (1) community-based mental health and social service centers;
new text end

new text begin (2) establishing alternative responses to 911 calls; and
new text end

new text begin (3) additional training on reducing use of force.
new text end

Sec. 6.

Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:

Subd. 7.

Sales after 1:00 a.m.; permit fee.

(a) No licensee may sell intoxicating liquor
or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner. Application for the permit must be
on a form the commissioner prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's
gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:

(1) up to $100,000 in gross receipts, $300;

(2) over $100,000 but not over $500,000 in gross receipts, $750; and

(3) over $500,000 in gross receipts, $1,000.

For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.

(b) The commissioner shall deposit all permit fees received under this subdivision in
the alcohol enforcement account in the deleted text begin special revenue deleted text end new text begin general new text end fund.

(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish
to the commissioner the information necessary to administer and enforce this subdivision.

Sec. 7.

Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee; account.

(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.

(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications services.

(c) The fee may not be deleted text begin less than eight cents nor more than 65 cents a month until June
30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nor deleted text end more than 95 cents a month on or after July 1, 2010, for each customer access
line or other basic access service, including trunk equivalents as designated by the Public
Utilities Commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the limits specified
and inform the companies and carriers of the amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer
needed. The commissioner shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all customers, except that the fee
imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).

(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.

(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.

Sec. 8.

new text begin [626.888] POLICE MISCONDUCT; PATTERNS AND TRENDS.
new text end

new text begin (a) For purposes of identifying potential patterns and trends in police misconduct and
determining training needs, the board shall adopt rules:
new text end

new text begin (1) creating detailed classifications of peace officer complaints and discipline by conduct
type and severity for both formal signed and informal complaints;
new text end

new text begin (2) establishing definitions for the following terms, including but not limited to formal
complaint, informal complaint, discipline action, coaching, and retraining;
new text end

new text begin (3) directing annual reporting by each chief law enforcement officer of the number and
types of complaints:
new text end

new text begin (i) received by the law enforcement agency, including but not limited to complaints
involving chief law enforcement officers;
new text end

new text begin (ii) initiated by action of the agency and resulting in investigation;
new text end

new text begin (iii) resulting in formal discipline, including but not limited to verbal and written
reprimand, suspension, or demotion, excluding termination;
new text end

new text begin (iv) resulting in termination;
new text end

new text begin (v) that are formal and result in coaching or retraining; and
new text end

new text begin (vi) for each officer in the agency's employ, and whether the complaint and investigation
resulted in final discipline.
new text end

new text begin (b) The reporting of data under paragraph (a), clause (3), must not include the name of
any peace officer or any other identifier of an individual peace officer licensee.
new text end

Sec. 9.

Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended to
read:

Sec. 4. TRANSFER; ALCOHOL ENFORCEMENT ACCOUNT.

deleted text begin (a) deleted text end By July 15, 2021, the commissioner of public safety must certify to the commissioner
of management and budget the amount of permit fees waived under section 3, clause (2),
during the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund to the
alcohol enforcement account in the special revenue fund established under Minnesota
Statutes, section 299A.706.

deleted text begin (b) By January 15, 2022, the commissioner of public safety must certify to the
commissioner of management and budget the amount of permit fees waived under section
3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the
commissioner of management and budget must transfer the certified amount from the general
fund to the alcohol enforcement account in the special revenue fund established under
Minnesota Statutes, section 299A.706.
deleted text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

CORRECTIONS

Section 1.

Minnesota Statutes 2020, section 241.021, subdivision 1, is amended to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons deleted text begin detained or deleted text end confined new text begin or incarcerated new text end therein according
to law except to the extent that they are inspected or licensed by other state regulating
agencies. The commissioner shall promulgate pursuant to chapter 14, rules establishing
minimum standards for these facilities with respect to their management, operation, physical
condition, and the security, safety, health, treatment, and discipline of persons deleted text begin detained or deleted text end
confined new text begin or incarcerated new text end therein. deleted text begin Commencing September 1, 1980, deleted text end new text begin These minimum standards
shall include but are not limited to specific guidance pertaining to:
new text end

new text begin (1) mental health, including but not limited to assessment following admission, medication
administration, and requirements for discharge planning;
new text end

new text begin (2) self-auditing of compliance with minimum standards;
new text end

new text begin (3) information sharing with medical personnel and when medical assessment must be
facilitated;
new text end

new text begin (4) a code of conduct policy for facility staff and annual training;
new text end

new text begin (5) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and
new text end

new text begin (6) dissemination of a rights statement made available to persons confined or incarcerated
in licensed correctional facilities.
new text end

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless deleted text begin licensed by deleted text end new text begin it possesses a current license from new text end the commissioner of corrections.
Private adult correctional facilities shall have the authority of section 624.714, subdivision
13, if the Department of Corrections licenses the facility with deleted text begin such deleted text end new text begin the new text end authority and the
facility meets requirements of section 243.52.

The commissioner shall review the correctional facilities described in this subdivision
at least once every deleted text begin biennium deleted text end new text begin two years new text end , except as otherwise provided deleted text begin herein deleted text end , to determine
compliance with the minimum standards established deleted text begin pursuant deleted text end new text begin according new text end to this subdivision new text begin
or other law related to minimum standards and conditions of confinement new text end .

The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the interests and well-being of the persons
deleted text begin detained or deleted text end confined deleted text begin therein deleted text end new text begin or incarcerated in the facility new text end are protected. The commissioner
may grant licensure up to two years. new text begin Unless otherwise specified by statute, all licenses issued
under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the
license.
new text end

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons deleted text begin detained or deleted text end confined new text begin or incarcerated new text end in these facilities. The commissioner may
require the officers in charge of these facilities to furnish all information and statistics the
commissioner deems necessary, at a time and place designated by the commissioner.

new text begin All facility administrators of correctional facilities defined under subdivision 1f are
required to report all deaths of individuals who died while committed to the custody of the
facility, regardless of whether the death occurred at the facility or after removal from the
facility for medical care stemming from an incident or need for medical care at the
correctional facility, within 24 hours of receiving knowledge of the death, including any
demographic information as required by the commissioner.
new text end

new text begin All facility administrators of correctional facilities defined under subdivision 1f are
required to report all other emergency or unusual occurrences as defined by rule, including
uses of force by facility staff that result in substantial bodily harm, to the commissioner of
corrections within ten days from the occurrence, including any demographic information
as required by the commissioner. The commissioner of corrections shall consult with the
Minnesota Sheriffs' Association to define "use of force" that results in substantial bodily
harm for reporting purposes.
new text end

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. new text begin The commissioner shall post each
inspection report publicly within 30 days of completing the inspection. new text end The education
program offered in a correctional facility for the deleted text begin detention or deleted text end confinement new text begin or incarceration
new text end of juvenile offenders must be approved by the commissioner of education before the
commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies which regulate, inspect, or
license the same aspects of similar types of correctional facilities, although at different
correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to comply with operating
standards the commissioner establishes as a condition precedent for counties to receive that
funding.

deleted text begin (e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner shall
promptly notify the chief executive officer and the governing board of the facility of the
deficiencies and order that they be remedied within a reasonable period of time. The
commissioner may by written order restrict the use of any facility which does not substantially
conform to minimum standards to prohibit the detention of any person therein for more than
72 hours at one time. When, after due notice and hearing, the commissioner finds that any
facility described in this subdivision, except county jails and lockups as provided in sections
641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making
deleted text end deleted text begin satisfactory progress toward substantial compliance therewith, the commissioner may issue
an order revoking the license of that facility. After revocation of its license, that facility
shall not be used until its license is renewed. When the commissioner is satisfied that
satisfactory progress towards substantial compliance with minimum standard is being made,
the commissioner may, at the request of the appropriate officials of the affected facility
supported by a written schedule for compliance, grant an extension of time for a period not
to exceed one year.
deleted text end

deleted text begin (f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted, or
adjudicated to be guilty or delinquent.
deleted text end

Sec. 2.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Correction order; conditional license. new text end

new text begin (a) When the commissioner finds that
any facility described in subdivision 1, except foster care facilities for delinquent children
and youth as provided in subdivision 2, does not substantially conform to the minimum
standards established by the commissioner and is not making satisfactory progress toward
substantial conformance and the nonconformance does not present an imminent risk of
life-threatening harm or serious physical injury to the persons confined or incarcerated in
the facility, the commissioner shall promptly notify the facility administrator and the
governing board of the facility of the deficiencies and may issue a correction order or a
conditional license order that they be remedied within a reasonable and specified period of
time.
new text end

new text begin The conditional license order may restrict the use of any facility which does not
substantially conform to minimum standards, including imposition of conditions limiting
operation of the facility or parts of the facility, reducing facility capacity, limiting intake,
limiting length of detention for individuals, or imposing detention limitations based on the
needs of the individuals being confined or incarcerated therein.
new text end

new text begin The correction order or conditional license order must clearly state the following:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or law;
new text end

new text begin (2) the findings that constitute a violation of minimum standards;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) time allowed to correct each violation; and
new text end

new text begin (5) if a license is made conditional, the length and terms of the conditional license, any
conditions limiting operation of the facility, and the reasons for making the license
conditional.
new text end

new text begin (b) The facility administrator may request review of the findings noted in the conditional
license order after satisfactory progress toward substantial compliance with minimum
standards has been made, supported by evidence of correction, and, if appropriate, may
include a written schedule for compliance. The commissioner shall review the evidence of
correction and the progress made toward substantial compliance with minimum standards
within a reasonable period of time, not to exceed ten business days. When the commissioner
has assurance that satisfactory progress toward substantial compliance with minimum
standards is being made, the commissioner shall lift any conditions limiting operation of
the facility or parts of the facility or remove the conditional license order.
new text end

new text begin (c) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 1b prior to issuing a correction order or conditional license order.
new text end

Sec. 3.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin License revocation order. new text end

new text begin (a) When, after due notice to the facility
administrator of the commissioner's intent to issue a revocation order, the commissioner
finds that any facility described in this subdivision, except county jails and lockups subject
to active condemnation proceedings or orders as provided in sections 641.26, 642.10, and
642.11, does not conform to minimum standards, or is not making satisfactory progress
toward substantial compliance with minimum standards, the commissioner may issue an
order revoking the license of that facility.
new text end

new text begin The notice of intent to issue a revocation order shall include:
new text end

new text begin (1) the citation to minimum standards that have been violated;
new text end

new text begin (2) the nature and severity of each violation;
new text end

new text begin (3) whether the violation is recurring or nonrecurring;
new text end

new text begin (4) the effect of the violation on persons confined or incarcerated by the correctional
facility;
new text end

new text begin (5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional
facility;
new text end

new text begin (6) relevant facts, conditions, and circumstances concerning the operation of the licensed
facility, including at a minimum:
new text end

new text begin (i) specific facility deficiencies that endanger the health or safety of persons confined
or incarcerated in the correctional facility;
new text end

new text begin (ii) substantiated complaints relating to the correctional facility; or
new text end

new text begin (iii) any other evidence that the correctional facility is not in compliance with minimum
standards.
new text end

new text begin (b) The facility administrator must submit a written response within 60 days of receipt
of the notice of intent to issue a revocation order with any information related to errors in
the notice, ability to conform to minimum standards within a set period of time including
but not limited to a written schedule for compliance, and any other information the facility
administrator deems relevant for consideration in revocation. The written response must
also include a written plan indicating how the correctional facility will ensure the transfer
of confined or incarcerated individuals and records if the correctional facility closes. Plans
must specify arrangements the correctional facility will make to transfer confined or
incarcerated individuals to another licensed correctional facility for continuation of detention.
new text end

new text begin (c) When revoking a license, the commissioner shall consider the nature, chronicity, or
severity of the violation of law or rule and the effect of the violation on the health, safety,
or rights of persons confined or incarcerated in the correctional facility.
new text end

new text begin (d) If the facility administrator does not respond within 60 days to the notice of intent
to issue a revocation order or if the commissioner does not have assurance that satisfactory
progress toward substantial compliance with minimum standards will be made, the
commissioner shall issue a revocation order. The revocation order must be sent to the facility
administrator and the governing board of the facility, clearly stating:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or law;
new text end

new text begin (2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of those violations;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) any prior correction or conditional license orders issued to correct violations; and
new text end

new text begin (5) the date at which the license revocation shall take place.
new text end

new text begin A revocation order may authorize use until a certain date, not to exceed the duration of the
current license, unless a new license is issued by the commissioner for purposes of
effectuating a facility closure and continued operation does not present an imminent risk
of life-threatening harm or is not likely to result in serious physical injury to the persons
confined or incarcerated in the facility.
new text end

new text begin (e) After revocation of the facility's licensure, that facility shall not be used until the
license is renewed. When the commissioner is satisfied that satisfactory progress toward
substantial compliance with minimum standards is being made, the commissioner may, at
the request of the appropriate officials of the affected facility supported by a written schedule
for compliance, reinstate the license for a period not to exceed one year.
new text end

Sec. 4.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1c. new text end

new text begin Temporary license suspension. new text end

new text begin The commissioner shall act immediately to
temporarily suspend a license issued under this chapter if:
new text end

new text begin (1) the correctional facility's failure to comply with applicable minimum standards or
the conditions in the correctional facility pose an imminent risk of life-threatening harm or
serious physical injury to persons confined or incarcerated in the facility, staff, law
enforcement, visitors, or the public; and
new text end

new text begin (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
promptly corrected through a different type of order under this section; and
new text end

new text begin (ii) the correctional facility cannot or has not corrected the violation giving rise to the
imminent risk of life-threatening harm or serious physical injury; or
new text end

new text begin (2) while the correctional facility continues to operate pending due notice and opportunity
for written response to the commissioner's notice of intent to issue an order of revocation,
the commissioner identifies one or more subsequent violations of minimum standards which
may adversely affect the health or safety of persons confined or incarcerated in the facility,
staff, law enforcement, visitors, or the public.
new text end

new text begin A notice stating the reasons for the immediate suspension informing the facility
administrator must be delivered by personal service to the correctional facility administrator
and the governing board of the facility.
new text end

Sec. 5.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Reconsideration of orders; appeals. new text end

new text begin (a) If the facility administrator believes
the correction order, conditional license order, or revocation order is in error, the facility
administrator may ask the Department of Corrections to reconsider the parts of the order or
action that are alleged to be in error. The request for reconsideration must:
new text end

new text begin (1) be made in writing;
new text end

new text begin (2) be postmarked and sent to the commissioner no later than 30 calendar days after
receipt of the correction order, conditional license order, or revocation order;
new text end

new text begin (3) specify the parts of the order that are alleged to be in error;
new text end

new text begin (4) explain why the correction order, conditional license order, or revocation order is in
error; and
new text end

new text begin (5) include documentation to support the allegation of error.
new text end

new text begin The commissioner shall issue a disposition within 60 days of receipt of the facility
administrator's response to correction, conditional license, or revocation order violations.
A request for reconsideration does not stay any provisions or requirements of the order.
new text end

new text begin (b) The facility administrator may request reconsideration of an order immediately
suspending a license. The request for reconsideration of an order immediately suspending
a license must be made in writing and sent by certified mail, personal service, or other means
expressly stated in the commissioner's order. If mailed, the request for reconsideration must
be postmarked and sent to the commissioner no later than five business days after the facility
administrator receives notice that the license has been immediately suspended. If a request
is made by personal service, it must be received by the commissioner no later than five
business days after the facility administrator received the order. The request for
reconsideration must:
new text end

new text begin (1) specify the parts of the order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin A facility administrator and any controlling board or individual shall discontinue operation
of the correctional facility upon receipt of the commissioner's order to immediately suspend
the license.
new text end

new text begin (c) Within five business days of receipt of the facility administrator's timely request for
reconsideration of a temporary immediate suspension, the commissioner shall review the
request for reconsideration. The scope of the review shall be limited solely to the issue of
whether the temporary immediate suspension should remain in effect pending the written
response to commissioner's notice of intent to issue a revocation order.
new text end

new text begin The commissioner's disposition of a request for reconsideration of correction, conditional
license, temporary immediate suspension, or revocation order is final and subject to appeal.
The facility administrator must request reconsideration as required by this section of any
correction, conditional license, temporary immediate suspension, or revocation order prior
to appeal.
new text end

new text begin No later than 60 days after the postmark date of the mailed notice of the commissioner's
decision, the facility administrator may appeal the decision by filing a writ of certiorari with
the court of appeals under section 606.01 and Minnesota Rules of Civil Appellate Procedure,
Rule 115. Failure by the facility administrator to appeal to the court of appeals no later than
the 60-day period precludes the person from later raising, in any subsequent administrative
hearing or court proceeding, those substantive and procedural issues that reasonably should
have been raised upon a timely appeal.
new text end

Sec. 6.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1e. new text end

new text begin Report. new text end

new text begin By February 15, 2022, and by February 15 each year thereafter, the
commissioner of corrections shall report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over public
safety and judiciary on the status of the implementation of the provisions in this section
over the prior year, particularly the health and safety of individuals confined or incarcerated
in a state correctional facility and a facility licensed by the commissioner. This report shall
include but not be limited to data regarding:
new text end

new text begin (1) the number of confined or incarcerated persons who died while committed to the
custody of the facility, regardless of whether the death occurred at the facility or after
removal from the facility for medical care stemming from an incident or need for medical
care at the correctional facility, including aggregated demographic information and the
correctional facilities' most recent inspection reports and any corrective orders or conditional
licenses issued;
new text end

new text begin (2) the aggregated results of the death reviews by facility as required by subdivision 8,
including any implemented policy changes;
new text end

new text begin (3) the number of uses of force by facility staff on persons confined or incarcerated in
the correctional facility, including but not limited to whether those uses of force were
determined to be justified by the facility, for which the commissioner of corrections shall
consult with the Minnesota Sheriffs' Association to develop criteria for reporting and define
reportable uses of force;
new text end

new text begin (4) the number of persons committed to the commissioner of corrections' authority that
the commissioner is housing in facilities licensed under subdivision 1f, including but not
limited to:
new text end

new text begin (i) aggregated demographic data of those individuals;
new text end

new text begin (ii) length of time spent housed in a licensed correctional facility; and
new text end

new text begin (iii) any contracts the Department of Corrections has with correctional facilities to provide
housing; and
new text end

new text begin (5) summary data from state correctional facilities regarding complaints involving alleged
on-duty staff misconduct, including but not limited to the:
new text end

new text begin (i) total number of misconduct complaints and investigations;
new text end

new text begin (ii) total number of complaints by each category of misconduct, as defined by the
commissioner of corrections;
new text end

new text begin (iii) number of allegations dismissed as unfounded;
new text end

new text begin (iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and
new text end

new text begin (v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.
new text end

Sec. 7.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1f. new text end

new text begin Definition. new text end

new text begin As used in this section, "correctional facility" means any facility,
including a group home, having a residential component, the primary purpose of which is
to serve persons placed therein by a court, court services department, parole authority, or
other correctional agency having dispositional power over persons charged with, convicted,
or adjudicated guilty or delinquent.
new text end

Sec. 8.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Intake release of information. new text end

new text begin All correctional facilities that confine or
incarcerate adults are required at intake to provide every person an authorization form to
release information related to their health condition and when that information should be
shared. This release form shall allow the individual to select if they want to require the
correctional facility to make attempts to contact the designated person to facilitate the sharing
of health condition information upon incapacitation or if the individual becomes unable to
communicate or direct the sharing of this information, so long as contact information was
provided and the incapacitated person or individual who is unable to communicate or direct
the sharing of this information is not subject to a court order prohibiting contact with the
designated person.
new text end

Sec. 9.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Death review teams. new text end

new text begin In the event a correctional facility as defined in subdivision
1f receives information of the death of an individual while committed to the custody of the
facility, regardless of whether the death occurred at the facility or after removal from the
facility for medical care stemming from an incident or need for medical care at the
correctional facility, the administrator of the facility, minimally including a medical expert
of the facility's choosing who did not provide medical services to the individual, and, if
appropriate, a mental health expert, shall review the circumstances of the death and assess
for preventable mortality and morbidity, including recommendations for policy or procedure
change, within 90 days of death. The investigating law enforcement agency may provide
documentation, participate in, or provide documentation and participate in the review in
instances where criminal charges were not brought. A preliminary autopsy report must be
provided as part of the review and any subsequent autopsy findings as available. The facility
administrator shall provide notice to the commissioner of corrections via the Department
of Corrections detention information system that the correctional facility has conducted a
review and identify any recommendations for changes in policy, procedure, or training that
will be implemented. Any report or other documentation created for purposes of a facility
death review is confidential as defined in section 13.02, subdivision 3. Nothing in this
section relieves the facility administrator from complying with the notice of death to the
commissioner as required by subdivision 1, paragraph (a).
new text end

Sec. 10.

Minnesota Statutes 2020, section 243.52, is amended to read:

243.52 DISCIPLINE; PREVENTION OF ESCAPE new text begin ; DUTY TO REPORT new text end .

new text begin Subdivision 1. new text end

new text begin Discipline and prevention of escape new text end

If any deleted text begin inmate of deleted text end new text begin person confined
or incarcerated in new text end any adult correctional facility either under the control of the commissioner
of corrections or licensed by the commissioner of corrections under section 241.021 assaults
any correctional officer or any other person deleted text begin or inmate deleted text end , the assaulted person may use force
in defense of the assault new text begin , except as limited in this section new text end . If any deleted text begin inmate deleted text end new text begin confined or
incarcerated person new text end attempts to damage the buildings or appurtenances, resists the lawful
authority of any correctional officer, refuses to obey the correctional officer's reasonable
demands, or attempts to escape, the correctional officer may enforce obedience and discipline
or prevent escape by the use of force. If any deleted text begin inmate deleted text end new text begin confined or incarcerated person new text end resisting
lawful authority is wounded or killed by the use of force by the correctional officer or
assistants, that conduct is authorized under this section.

new text begin Subd. 2. new text end

new text begin Use of force. new text end

new text begin (a) Unless the use of deadly force is justified in this section, a
correctional officer may not use any of the following restraints:
new text end

new text begin (1) a choke hold;
new text end

new text begin (2) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end

new text begin (3) securing a person in any way that results in transporting the person face down in a
vehicle, except as directed by a medical professional.
new text end

new text begin (b) For the purposes of this subdivision, the following terms have the meanings given
them:
new text end

new text begin (1) "choke hold" has the meaning given in section 609.06, subdivision 3, paragraph (b);
and
new text end

deleted text begin As used in this section, deleted text end new text begin (2) new text end "use of force" means conduct deleted text begin which is deleted text end defined by sections
609.06 to 609.066.

new text begin (c) Use of deadly force is justified only if an objectively reasonable correctional officer
would believe, based on the totality of the circumstances known to the officer at the time
and without the benefit of hindsight, that deadly force is necessary:
new text end

new text begin (1) to protect the correctional officer or another from death or great bodily harm, provided
that the threat:
new text end

new text begin (i) can be articulated with specificity by the correctional officer;
new text end

new text begin (ii) is reasonably likely to occur absent action by the correctional officer; and
new text end

new text begin (iii) must be addressed through the use of deadly force without unreasonable delay; or
new text end

new text begin (2) to effect the capture, or prevent the escape, of a person whom the correctional officer
knows or has reasonable grounds to believe has committed or attempted to commit a felony
and the officer reasonably believes that the person will cause death or great bodily harm to
another person under the threat criteria in clause (1), unless immediately apprehended.
new text end

new text begin Subd. 3. new text end

new text begin Duty to report. new text end

new text begin (a) Regardless of tenure or rank, staff who observe another
employee engage in neglect or use force that exceeds the degree of force permitted by law
must report the incident in writing within 24 hours to the administrator of the correctional
facility that employs the reporting staff member.
new text end

new text begin (b) A staff member who fails to report neglect or excessive use of force within 24 hours
is subject to disciplinary action or sanction by the correctional facility that employs them.
Staff members shall suffer no reprisal for reporting another staff member engaged in
excessive use of force or neglect.
new text end

new text begin (c) For the purposes of this subdivision, neglect means:
new text end

new text begin (1) the knowing failure or omission to supply a person confined or incarcerated in the
facility with care or services, including but not limited to food, clothing, health care, or
supervision that is reasonable and necessary to obtain or maintain the person's physical or
mental health or safety; or
new text end

new text begin (2) the absence or likelihood of absence of care or services, including but not limited to
food, clothing, health care, or supervision necessary to maintain the physical and mental
health of the person that a reasonable person would deem essential for health, safety, or
comfort.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective March 1, 2021.
new text end

Sec. 11.

new text begin [244.049] INDETERMINATE SENTENCE RELEASE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The Indeterminate Sentence Release
Board is established to review eligible cases and make release decisions for inmates serving
indeterminate sentences under the authority of the commissioner.
new text end

new text begin (b) The board shall consist of five members as follows:
new text end

new text begin (1) four persons appointed by the governor from two recommendations of each of the
majority leaders and minority leaders of the house of representatives and the senate; and
new text end

new text begin (2) the commissioner of corrections who shall serve as chair.
new text end

new text begin (c) The members appointed from the legislative recommendations must meet the
following qualifications at a minimum:
new text end

new text begin (1) a bachelor's degree in criminology, corrections, or a related social science, or a law
degree;
new text end

new text begin (2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end

new text begin (3) demonstrated knowledge of victim issues and correctional processes.
new text end

new text begin Subd. 2. new text end

new text begin Terms; compensation. new text end

new text begin (a) Members of the board shall serve four-year staggered
terms except that the terms of the initial members of the board must be as follows:
new text end

new text begin (1) two members must be appointed for terms that expire January 1, 2024; and
new text end

new text begin (2) two members must be appointed for terms that expire January 1, 2026.
new text end

new text begin (b) A member is eligible for reappointment.
new text end

new text begin (c) Vacancies on the board shall be filled in the same manner as the initial appointments
under subdivision 1.
new text end

new text begin (d) Member compensation and removal of members on the board shall be as provided
in section 15.0575.
new text end

new text begin Subd. 3. new text end

new text begin Quorum; administrative duties. new text end

new text begin (a) The majority of members constitutes a
quorum.
new text end

new text begin (b) The commissioner of corrections shall provide the board with personnel, supplies,
equipment, office space, and other administrative services necessary and incident to the
discharge of the functions of the board.
new text end

new text begin Subd. 4. new text end

new text begin Limitation. new text end

new text begin Nothing in this section supersedes the commissioner's authority
to revoke an inmate's release for a violation of the inmate's terms of release or impairs the
power of the Board of Pardons to grant a pardon or commutation in any case.
new text end

new text begin Subd. 5. new text end

new text begin Report. new text end

new text begin On or before February 15 each year, the board shall submit to the
legislative committees with jurisdiction over criminal justice policy a written report detailing
the number of inmates reviewed and identifying persons granted release in the preceding
year. The report shall also include the board's recommendations for policy modifications
that influence the board's duties.
new text end

Sec. 12.

Minnesota Statutes 2020, section 244.05, subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The deleted text begin commissioner of corrections deleted text end new text begin board new text end
may, under rules deleted text begin promulgated deleted text end new text begin adopted new text end by the commissioner new text begin and upon majority vote of the
board members new text end , give supervised release to an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455, subdivision 3 or 4;
609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3, after the inmate has
served the minimum term of imprisonment specified in subdivision 4.

(b) The deleted text begin commissioner deleted text end new text begin board new text end shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release decision
under this subdivision. The report shall reflect the sentiment of the various elements of the
community toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law enforcement
personnel who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also
include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.

(c) The commissioner shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right
to submit an oral or written statement at the review hearing. The statement may summarize
the harm suffered by the victim as a result of the crime and give the victim's recommendation
on whether the inmate should be given supervised release at this time. The deleted text begin commissioner deleted text end new text begin
board new text end must consider the victim's statement when making the supervised release decision.

(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the deleted text begin commissioner deleted text end new text begin board new text end shall consider,
at a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological or
other diagnostic evaluations of the inmate, the inmate's criminal history, and any other
relevant conduct of the inmate while incarcerated or before incarceration. The deleted text begin commissioner deleted text end new text begin
board new text end may not give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) a comprehensive individual release plan is in place for the inmate that ensures that,
after release, the inmate will have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) As used in this subdivision deleted text begin , deleted text end new text begin :
new text end

new text begin (1) "board" means the Indeterminate Sentence Release Board under section 244.049;
and
new text end

new text begin (2) new text end "victim" means the individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving spouse or next of kin.

Sec. 13.

Minnesota Statutes 2020, section 244.065, is amended to read:

244.065 PRIVATE EMPLOYMENT OF new text begin INMATES OR SPECIALIZED
PROGRAMMING FOR PREGNANT new text end INMATES OF STATE CORRECTIONAL
INSTITUTIONS IN COMMUNITY.

new text begin Subdivision 1. new text end

new text begin Work. new text end

When consistent with the public interest and the public safety,
the commissioner of corrections may conditionally release an inmate to work at paid
employment, seek employment, or participate in a vocational training or educational program,
as provided in section 241.26, if the inmate has served at least one half of the term of
imprisonment.

new text begin Subd. 2. new text end

new text begin Pregnancy. new text end

new text begin (a) In the furtherance of public interest and community safety, the
commissioner of corrections may conditionally release:
new text end

new text begin (1) for up to one year, an inmate who is postpartum and gave birth within eight months
of the date of commitment; and
new text end

new text begin (2) for the duration of the pregnancy and up to one year postpartum, an inmate who is
pregnant.
new text end

new text begin (b) The commissioner may conditionally release an inmate under paragraph (a) to
community-based programming for the purpose of participation in prenatal or postnatal
care programming and to promote mother-child bonding in addition to other programming
requirements as established by the commissioner, including evidence-based parenting skills
programming; working at paid employment; seeking employment; or participating in
vocational training, an educational program, or chemical dependency or mental health
treatment services.
new text end

new text begin (c) The commissioner shall develop policy and criteria to implement this subdivision
according to public safety and generally accepted correctional practice.
new text end

new text begin (d) By April 1 of each year, the commissioner shall report to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over corrections on the number of inmates released and the duration of the release under
this subdivision for the prior calendar year.
new text end

ARTICLE 4

MINNESOTA REHABILITATION AND REINVESTMENT ACT

Section 1.

Minnesota Statutes 2020, section 244.03, is amended to read:

244.03 REHABILITATIVE PROGRAMS.

The commissioner shall deleted text begin provide appropriate mental health programs and vocational and
educational programs with employment-related goals for inmates. The selection, design
and implementation of programs under this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds appropriated for such
programs deleted text end new text begin develop, implement, and provide appropriate substance abuse treatment programs;
sexual offender treatment programming; medical and mental health services; and vocational,
employment and career, educational, and other rehabilitative programs for persons committed
to the authority of the commissioner new text end .

new text begin While evidence-based programs shall be prioritized, the selection, design, and
implementation of programs under this section shall be the sole responsibility of the
commissioner, acting within the limitations imposed by the funds appropriated for the
programs under this section.
new text end

No action challenging the level of expenditures for programs authorized under this
section, nor any action challenging the selection, design or implementation of these programs,
including employee assignments, may be maintained by an deleted text begin inmate deleted text end new text begin incarcerated person new text end in
any court in this state.

The commissioner may impose disciplinary sanctions upon any deleted text begin inmate deleted text end new text begin incarcerated
person new text end who refuses to participate in rehabilitative programs.

Sec. 2.

new text begin [244.031] REHABILITATIVE NEED ASSESSMENT AND
INDIVIDUALIZED PROGRAM PLAN REQUIRED.
new text end

new text begin (a) The commissioner shall develop a comprehensive need assessment process for each
person who is serving a fixed term of imprisonment in a state correctional facility on or
after August 1, 2021, and has 365 days or more remaining until the person's scheduled
supervised release date.
new text end

new text begin (b) Upon completion of the assessment process, the commissioner shall ensure the
development of an individualized program plan, along with identified goals for every person
committed to the authority of the Department of Corrections. The individualized program
plan shall be holistic in nature in that it identifies intended outcomes for addressing the
incarcerated person's needs and risk factors, the individual's identified strengths, and available
and needed community supports, including victim safety considerations as required in
section 244.0552, if applicable.
new text end

new text begin (c) When an individual is committed to the custody of the commissioner for a crime
resulting in harm against a person or persons, the commissioner shall provide opportunity
for input during the assessment and program plan process. Victim input may include a
summary of victim concerns relative to release, concerns related to victim safety during the
committed person's term of imprisonment, and requests for imposition of victim safety
protocols as additional conditions of imprisonment or supervised release.
new text end

new text begin (d) The commissioner shall consider victim input statements in program planning and
establishing conditions governing confinement or release.
new text end

new text begin (e) For an individual with less than 365 days remaining until the individual's supervised
release date, the commissioner, in consultation with the incarcerated individual, shall develop
a transition and release plan.
new text end

Sec. 3.

new text begin [244.032] EARNED INCENTIVE RELEASE.
new text end

new text begin (a) For the purposes of this section, "earned incentive release" means release credit that
is earned and subtracted from the term of imprisonment for completion of objectives
established by an incarcerated person's individualized program plan.
new text end

new text begin (b) To encourage and support rehabilitation when consistent with public interest and
public safety, the commissioner of corrections, in consultation with the Minnesota County
Attorney's Association, Minnesota Board of Public Defense, Minnesota Association of
Community Corrections Act Counties, Minnesota Indian Women's Sexual Assault Coalition,
Violence Free Minnesota, Minnesota Coalition Against Sexual Assault, Minnesota Alliance
on Crime, the Minnesota Sheriff's Association, Minnesota Chiefs of Police Association,
and the Minnesota Police and Peace Officers Association, shall establish policy providing
for earned incentive release credit and forfeiture of the credit as part of the term of
imprisonment. The policy shall:
new text end

new text begin (1) provide circumstances upon which an incarcerated person may earn incentive release
credits, including participation in rehabilitative programming as required under section
244.031; and
new text end

new text begin (2) address those circumstances where (i) the capacity to provide treatment programming
in the correctional facility is diminished but the services are available to the community,
and (ii) the conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner and
considered for earned incentive release credit.
new text end

new text begin (c) The commissioner shall also develop a policy establishing a process for assessing
and addressing any systemic and programmatic gender and racial disparities that may be
identified in the award of earned incentive release credits.
new text end

Sec. 4.

new text begin [244.033] APPLICATION OF EARNED INCENTIVE RELEASE CREDIT.
new text end

new text begin (a) Earned incentive release credits shall be subtracted from the term of imprisonment
but shall not be added the person's supervised release term. The maximum amount of earned
incentive release credit that can be earned and subtracted from the term of imprisonment is
17 percent of the term of imprisonment, but in no case shall the credit reduce the term of
imprisonment to less than one-half of the incarcerated person's executed sentence.
new text end

new text begin (b) The earned incentive release program is separate and distinct from other legislatively
authorized release programs, including the challenge incarceration program, work release,
conditional medical release, or Conditional Release of Nonviolent Controlled Substance
Offenders program, which may have unique statutory requirements and obligations.
new text end

Sec. 5.

new text begin [244.034] CERTAIN OFFENSES INELIGIBLE FOR EARNED INCENTIVE
RELEASE CREDIT.
new text end

new text begin (a) A person committed to the commissioner for any of the following offenses shall be
ineligible for earned incentive release credit under sections 244.031 to 244.033:
new text end

new text begin (1) section 609.185, first degree murder, or 609.19, murder in the second degree;
new text end

new text begin (2) section 609.195, murder in the third degree, or 609.221, assault in the first degree;
new text end

new text begin (3) section 609.342, first degree criminal sexual conduct, 609.343, second degree criminal
sexual conduct, or 609.344, third degree criminal sexual conduct, if the offense was
committed with force or violence;
new text end

new text begin (4) section 609.3455, subdivision 5, dangerous sex offenders, where the court shall
specify a minimum term of imprisonment, based on the sentencing guidelines or any
applicable mandatory minimum sentence, that must be served before the offender may be
considered for supervised release;
new text end

new text begin (5) section 609.229, subdivision 4, paragraph (b), crimes committed for the benefit of
a gang where any person convicted and sentenced as required by section 609.229, subdivision
4, paragraph (a), is not eligible for probation, parole, discharge, work release, or supervised
release until that person has served the full term of imprisonment as provided by law;
new text end

new text begin (6) section 152.026 where a person with a mandatory minimum sentence imposed for
a first or second degree controlled substance crime is not eligible for probation, parole,
discharge, or supervised release until that person has served the full term of imprisonment
as provided by law;
new text end

new text begin (7) a person who was convicted in any other jurisdiction of a crime and the person's
supervision was transferred to this state;
new text end

new text begin (8) section 243.166, subdivision 5, paragraph (e), predatory offender registration;
new text end

new text begin (9) section 609.11, subdivision 6, use of firearm or dangerous weapon during the
commission of certain offenses;
new text end

new text begin (10) section 609.221, subdivision 2, paragraph (b), use of deadly force against a peace
officer, prosecutor, judge, or correctional employee;
new text end

new text begin (11) section 609.2231, subdivision 3a, paragraph (d), assault against secure treatment
personnel; and
new text end

new text begin (12) a person subject to a conditional release term under section 609.3455, subdivisions
6 and 7, whether on the present offense or previous offense for which a term of conditional
release remains.
new text end

new text begin (b) Persons serving life sentences, persons given indeterminate sentences for crimes
committed on or before April 30, 1980, or persons subject to good time under section 244.04,
or similar laws are ineligible for earned incentive release credit.
new text end

Sec. 6.

Minnesota Statutes 2020, section 244.05, subdivision 1b, is amended to read:

Subd. 1b.

Supervised release; offenders who commit crimes on or after August 1,
1993.

(a) Except as provided in subdivisions 4 and 5, every inmate sentenced to prison for
a felony offense committed on or after August 1, 1993, shall serve a supervised release term
upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any disciplinary rule
adopted by the commissioner or refusal to participate in a rehabilitative program required
under section 244.03. The amount of time the inmate serves on supervised release shall be
equal in length to the amount of time remaining in the inmate's executed sentence after the
inmate has served the term of imprisonment new text begin reduced by any earned incentive release credit
new text end and any disciplinary confinement period imposed by the commissioner.

(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive deleted text begin segregation deleted text end new text begin restrictive housing new text end
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.

Sec. 7.

new text begin [244.0551] EARNED COMPLIANCE CREDIT AND SUPERVISION
ABATEMENT STATUS.
new text end

new text begin (a) For the purposes of this section, the following terms have the meanings given them:
new text end

new text begin (1) "supervision abatement status" means an end to active correctional supervision of a
supervised individual without effect on the legal expiration date of the executed sentence
less any earned incentive release credit; and
new text end

new text begin (2) "earned compliance credit" means a one-month reduction from the period of active
supervision of the supervised release term for every two months that a supervised individual
exhibits compliance with the conditions and goals of the individual's supervision plan.
new text end

new text begin (b) The commissioner of corrections shall adopt policy providing for earned compliance
credit and forfeiture of the credit. The commissioner shall adjust the period of an individual's
supervised release term for earned compliance credits accrued under a program created
under this section. Once a combination of time served, earned incentive credit, along with
a term of supervision and earned compliance credits equal the supervised release term, the
commissioner shall place the individual on supervision abatement status.
new text end

new text begin (c) A person whose period of active supervision has been completely reduced as a result
of earned compliance credits shall remain on supervision abatement status until the expiration
of the executed sentence, less any earned incentive release credit. If an individual is on
supervision abatement status and is charged with a new presumptive commit felony-level
crime against a person, the commissioner may return the individual to active supervision
and impose any additional sanctions, up to and including revocation from supervised release
and return to the custody of the commissioner.
new text end

new text begin (d) A person who is placed on supervision abatement status under this section may not
be required to regularly report to a supervised release agent or pay a supervision fee but
must continue to obey all laws, report any new criminal charges, and abide by section
243.1605 before seeking written authorization to relocate to another state.
new text end

new text begin (e) This section does not apply to persons serving life sentences, persons given
indeterminate sentences for crimes committed on or before April 30, 1980, or persons subject
to good time under section 244.04, or similar laws.
new text end

Sec. 8.

new text begin [244.0552] VICTIM INPUT.
new text end

new text begin When an individual is committed to the custody of the commissioner for a crime of
violence and is eligible for earned incentive release credit under section 244.032, the
commissioner shall make reasonable efforts to notify the victim of the committed person's
eligibility for earned incentive release. Victim input may include a summary of victim
concerns relative to earned incentive release eligibility, concerns related to victim safety
during the committed person's term of imprisonment, and requests for imposition of victim
safety protocols as additional conditions of imprisonment or supervised release.
new text end

new text begin The commissioner shall consider victim input statements in establishing requirements
governing conditions of release. The commissioner shall provide the name and telephone
number of the local victim agency serving the jurisdiction of release to any victim providing
input on earned incentive release.
new text end

Sec. 9.

new text begin [244.0553] VICTIM NOTIFICATION.
new text end

new text begin Nothing in sections 244.031 to 244.033 or 244.0551 to 244.0554 limits any victim
notification obligations of the commissioner of corrections required by statute related to a
change in custody status, committing offense, end of confinement review, or notification
registration.
new text end

Sec. 10.

new text begin [244.0554] INTERSTATE COMPACT.
new text end

new text begin As may be allowed by compact requirements established in section 243.1605, a person
subject to supervision on a Minnesota sentence in another state under the Interstate Compact
for Adult Offender Supervision may be eligible for supervision abatement status pursuant
to this chapter only if they meet eligibility criteria as established in this section and certified
by a supervising entity in another state.
new text end

Sec. 11.

new text begin [244.0555] REALLOCATION OF EARNED INCENTIVE RELEASE
SAVINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Commissioner" means the commissioner of corrections.
new text end

new text begin (c) "Offender daily cost" means the actual nonsalary expenditures, including
encumbrances as of July 31 following the end of the fiscal year, from the Department of
Corrections expense budgets for case management, food preparation, food provisions,
offender personal support including clothing, linen and other personal supplies, transportation,
dental care, nursing services, and professional technical contracted health care services.
new text end

new text begin (d) "Incarcerated days saved" means the number of days of an incarcerated person's
original sentence minus the number of actual days served, excluding days not served due
to death or as a result of time earned in the Challenge Incarceration Program under sections
244.17 to 244.173.
new text end

new text begin (e) "Earned incentive release per day cost savings" means the calculation of the total
actual expenses identified in paragraph (c) divided by the average daily population, divided
by 365 days, which reflects the daily cost per person.
new text end

new text begin (f) "Earned incentive release savings" means the calculation of the offender daily cost
multiplied by the number of incarcerated days saved for the period of one fiscal year.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of reallocation revenue account. new text end

new text begin The reallocation of earned
incentive release savings account is established in the special revenue fund in the state
treasury. Funds in the account are appropriated to the commissioner and shall be expended
in accordance with the allocation established in subdivision 5, once the requirements of
subdivision 3 are met. Funds in the account are available until expended.
new text end

new text begin Subd. 3. new text end

new text begin Certification of earned incentive release savings. new text end

new text begin On or before the final
closeout date of each fiscal year, the commissioner shall certify to Minnesota Management
and Budget the earned incentive release savings from the previous fiscal year. The
commissioner shall provide the detailed calculation substantiating the savings amount,
including accounting system-generated data where possible, supporting the offender daily
cost and the incarcerated days saved.
new text end

new text begin Subd. 4. new text end

new text begin Savings to be transferred to the reallocation revenue account. new text end

new text begin After the
certification in subdivision 3 is completed, the commissioner shall transfer funds from the
appropriation from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 5. Transfers shall occur before the final closeout each year.
new text end

new text begin Subd. 5. new text end

new text begin Distribution of reallocation funds. new text end

new text begin The commissioner shall distribute funds
as follows:
new text end

new text begin (1) 25 percent shall be transferred to the Office of Justice Programs in the Department
of Public Safety for crime victim services;
new text end

new text begin (2) 25 percent shall be transferred to the Community Corrections Act subsidy
appropriation and to the Department of Corrections for supervised release and intensive
supervision services, based upon a three-year average of the release jurisdiction of supervised
releasees and intensive supervised releasees across the state;
new text end

new text begin (3) 25 percent shall be transferred to the Department of Corrections for grants to develop
and invest in community-based services that support the identified needs of correctionally
involved individuals or individuals at risk of criminal justice system involvement, and for
sustaining the operation of evidence-based programming in state and local correctional
facilities; and
new text end

new text begin (4) 25 percent shall be transferred to the general fund.
new text end

Sec. 12.

new text begin [244.0556] REPORTING REQUIRED.
new text end

new text begin (a) Beginning January 15, 2022, and by January 15 each year thereafter for a period of
ten years, the commissioner of corrections shall provide a report to the chairs and ranking
minority members of the house of representatives and senate committees and divisions with
jurisdiction over public safety and judiciary on the status of the requirements in this section
for the previous fiscal year. The report shall also be provided to the; sitting president of the
Minnesota Association of Community Corrections Act Counties and the executive directors
of the Minnesota Sentencing Guidelines Commission, the Minnesota Indian Women's Sexual
Assault Coalition, the Minnesota Alliance on Crime, Violence Free Minnesota, the Minnesota
Coalition Against Sexual Assault, and the Minnesota County Attorney Association. The
report shall include but not be limited to:
new text end

new text begin (1) a qualitative description of program development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and ensure that
the program does not create or exacerbate gender, racial, and ethnic disparities; the number,
reason, and background of those in the prison population deemed ineligible for participation
in the program; and proposed mechanisms for projecting future program savings and
reallocation of savings;
new text end

new text begin (2) the number of persons granted earned incentive release, the total number of days of
incentive release earned, a summary of committing offenses for those individuals who
earned incentive release, the most recent calculated per diem, and the demographic data for
all persons eligible for earned incentive release and the reasons and demographic data of
those eligible individuals for whom earned incentive release was unearned or denied;
new text end

new text begin (3) the number of persons who earned supervision abatement status, the total number
of days of supervision abatement earned, the committing offenses for those individuals
granted supervision abatement status, the number of revocations for reoffense while on
supervision abatement status, and the demographic data for all persons eligible for, considered
for, granted, or denied supervision abatement status and the reasons supervision abatement
status was unearned or denied; and
new text end

new text begin (4) the number of victims who submitted input, the number of referrals to local
victim-serving agencies, and a summary of the kinds of victim services requested.
new text end

new text begin (b) The commissioner shall solicit feedback on victim-related operational concerns as
it relates to the application earned incentive release and supervision abatement status options
from the Minnesota Indian Women's Sexual Assault Coalition, Minnesota Alliance on
Crime, Minnesota Coalition Against Sexual Assault, and Violence Free Minnesota. A
summary of the feedback from these organizations shall be included in the annual report
under paragraph (a).
new text end

new text begin (c) The commissioner shall direct the Department of Corrections' research unit to perform
regular evaluation of the earned incentive release program and publish findings on the
Department of Corrections' website and in the annual report under paragraph (a).
new text end

Sec. 13. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 12 are effective August 1, 2021, and apply to persons sentenced to a fixed
executed sentence or to persons serving a fixed term of imprisonment in a state correctional
facility on or after that date.
new text end