SF 279

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to public safety; requiring the Criminal and Juvenile Justice Information
Policy Group to study and make recommendations to the legislature on the
automatic sealing of arrest records for persons not subsequently convicted of
the offense; expanding membership of the Collateral Sanctions Committee and
requiring it to report to the legislature; appropriating money.

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

Section 1. new text begin COLLATERAL SANCTIONS COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin The Collateral Sanctions Committee shall
study collateral sanctions of adult convictions and juvenile adjudications. The committee
shall identify the uses of collateral sanctions of convictions and adjudications and make
recommendations to the legislature regarding any proposed changes relating to collateral
sanctions.
new text end

new text begin Subd. 2. new text end

new text begin Resources. new text end

new text begin The Sentencing Guidelines Commission shall provide technical
and research assistance to the committee, with the assistance of the commissioner of
public safety and the commissioner of corrections.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The committee shall consist of:
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new text begin (1) the executive director of the Sentencing Guidelines Commission, who shall serve
as the committee's chair and convening authority;
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new text begin (2) the commissioner of public safety, or designee;
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new text begin (3) the commissioner of corrections, or designee;
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new text begin (4) the attorney general, or designee;
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new text begin (5) the state public defender, or designee;
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new text begin (6) a crime victim's advocate, appointed by the commissioner of public safety;
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new text begin (7) a county attorney, appointed by the Minnesota County Attorneys Association;
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new text begin (8) a city attorney, appointed by the League of Minnesota Cities;
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new text begin (9) a district court judge, appointed by the Judicial Council;
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new text begin (10) a private criminal defense attorney, appointed by the Minnesota Association of
Criminal Defense Lawyers;
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new text begin (11) a probation officer, appointed by the Minnesota Association of County
Probation Officers;
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new text begin (12) two peace officers, one appointed by the Minnesota Sheriffs' Association and
the other appointed by the Minnesota Chiefs of Police Association;
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new text begin (13) two members with knowledge of housing issues, one of whom is a landlord and
the other a tenant, appointed by the commissioner of public safety;
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new text begin (14) a member from the employment industry, appointed by the commissioner of
public safety;
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new text begin (15) a member from a community crime prevention organization, appointed by the
commissioner of public safety;
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new text begin (16) a member from a community of color, appointed by the commissioner of
public safety;
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new text begin (17) a member who is an ex criminal offender, appointed by the commissioner of
public safety; and
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new text begin (18) a member from an agency that provides reentry services to offenders being
released from incarceration, appointed by the commissioner of public safety.
new text end

new text begin Subd. 4. new text end

new text begin Expenses. new text end

new text begin The provisions of Minnesota Statutes, section 15.059, apply to
the committee.
new text end

new text begin Subd. 5. new text end

new text begin Definition. new text end

new text begin As used in this section, "collateral sanctions" has the meaning
given in Minnesota Statutes, section 609B.050, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2. new text begin COLLATERAL SANCTIONS COMMITTEE; STUDY AND REPORT
REQUIRED.
new text end

new text begin (a) The Collateral Sanctions Committee described in section 1, shall study how
collateral sanctions are addressed in other states and determine best practices on this.
In addition, the committee shall study issues relating to how criminal convictions and
adjudications affect an individual's employment and professional licensing opportunities
in Minnesota. The committee shall consider the policy implications of providing a process
to allow individuals currently prohibited from certain types of employment or professional
licensing because of a criminal record to seek a waiver. The committee shall make
recommendations on changes in law and policy it deems appropriate in this area.
new text end

new text begin (b) By January 15, 2008, the committee shall report its findings and recommendations
to the chairs and ranking minority members of the committees having jurisdiction over
criminal justice policy in the senate and house of representatives.
new text end

new text begin (c) The committee expires after the submission of the report required by paragraph
(b).
new text end

Sec. 3. new text begin STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The Criminal and Juvenile Justice Information Policy Group
described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues
involved with the automatic sealing of arrest records for persons who are not subsequently
convicted of an offense related to the arrest. The policy group shall use the following
framework. The policy group shall assume that arrest records of individuals who are not
subsequently convicted of an offense relating to the arrest should be automatically sealed.
The policy group shall address issues related to implementing this concept under the
framework below:
new text end

new text begin (1) arrest data not leading to a referral for prosecution shall be sealed by the arresting
law enforcement agency on the expiration of 180 days from the date of the arrest. The
arresting agency shall also notify all other criminal justice agencies to which it has
transmitted the data that the data in their possession shall be sealed;
new text end

new text begin (2) upon a declination of charges or upon successful completion of a precharge
diversion program, arrest and prosecution data shall thereafter be sealed. It shall be the
responsibility of the prosecuting agency to seal the prosecution data pertaining to the
action and to notify the superintendent of the Bureau of Criminal Apprehension, and the
heads of all appropriate law enforcement agencies that the records related to the action
shall be sealed;
new text end

new text begin (3) (i) upon a favorable resolution as defined below all criminal justice agency and
court records pertaining to the action shall thereafter be sealed. A favorable resolution
means the following:
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new text begin (A) charges against a person were dismissed without a plea of guilt;
new text end

new text begin (B) the person was acquitted;
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new text begin (C) charges against the person were dismissed pursuant to a continuance for
dismissal or a stay of adjudication;
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new text begin (D) charges against the person were dismissed upon successful completion of a
pretrial diversion program with or without a plea of guilt; and
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new text begin (E) upon the dismissal and discharge of proceedings against a person under
Minnesota Statutes, section 152.18; and
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new text begin (ii) it shall be the responsibility of the clerk of courts to seal the judicial records
pertaining to the action, and to notify the superintendent of the Bureau of Criminal
Apprehension, the Department of Corrections, the prosecuting attorney, and the heads of
all appropriate law enforcement agencies that the criminal justice agency records related
to the action shall be sealed;
new text end

new text begin (4) automatically sealed data shall be transmittable between and among criminal
justice agencies and the courts. Sealed records shall be available to evaluate a prospective
employee in a criminal justice agency;
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new text begin (5) data relating to arrests, charges, or convictions for the following crimes shall not
be automatically sealed:
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new text begin (i) domestic abuse data, as defined in Minnesota Statutes, section 13.82, subdivision
5, and to court and prosecution data related to a domestic abuse charge;
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new text begin (ii) data for crime victims as defined in Minnesota Statutes, section 13.82,
subdivision 13; and
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new text begin (iii) arrests or charges for crimes listed in Minnesota Statutes, section 364.09,
paragraph (a), clauses (1) to (3); and
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new text begin (6) the provisions of an automatic sealing statute shall not affect or repeal Minnesota
Statutes, chapter 609A, or Minnesota Statutes, section 299C.11. The policy group shall
review how other states address the sealing of arrest records and determine best practices
in this area. The policy group may make recommendations on changes to the policy
framework set out above that are deemed advisable, including compromise proposals.
The policy group shall specifically address technical and institutional roadblocks, if any,
to implement the framework set out above and propose solutions to these roadblocks.
In addition, the policy group shall estimate the state and local fiscal costs, if any, of
automatically sealing these records.
new text end

new text begin Subd. 2. new text end

new text begin Consultation. new text end

new text begin The policy group shall consult with and seek advice from
the individuals associated with the background checks and expungements delivery team,
the Collateral Consequences Committee, and the Council on Crime and Justice.
new text end

new text begin Subd. 3. new text end

new text begin Definition. new text end

new text begin As used in this section, "arrest records" include all records
relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension,
and prosecution records.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15, 2008, the policy group shall report its findings and
recommendations to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice policy. The report
must include recommended statutory language to best implement the intent of the policy
framework set out above, a summary of the practices of other states on the sealing of
arrest records, and a finding on best practices in this area.
new text end

Sec. 4. new text begin APPROPRIATIONS.
new text end

new text begin (a) $....... is appropriated to the commissioner of public safety from the general
fund for the fiscal year ending June 30, 2008, to assist the Criminal and Juvenile Justice
Information Policy Group in conducting the study described in section 3.
new text end

new text begin (b) $....... for the fiscal year ending June 30, 2008, and $....... for the fiscal year
ending June 30, 2009, are appropriated from the general fund to the Sentencing Guidelines
Commission for the Collateral Sanctions Committee described in section 1. This money
is to be used for staffing, conducting research, conducting public hearings, reimbursing
committee members for reasonable expenses, and for the report described in section 2.
new text end