SF 2790

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

A bill for an act
relating to corrections; authorizing deferral of judgment for certain drug
offenses; repealing the sunset on early release of nonviolent controlled substance
offenders; requiring the commissioner of corrections to develop a marketing
plan for MINNCOR industries; requiring the commissioner of corrections to
study re-entry facilities and programming; increasing funding for chemical and
mental health treatment for inmates and probationers; creating a certificate of
rehabilitation; establishing a task force to study and recommend approaches for
developing a re-entry court pilot program; establishing a controlled substance
law working group; requiring the commissioner of corrections to conduct an
internal review of parole and supervised release procedures and sanctions;
amending Minnesota Statutes 2006, sections 152.18, subdivision 1; 241.27, by
adding a subdivision; 364.03, subdivision 3; 364.09; 611A.06, subdivision 1a;
proposing coding for new law in Minnesota Statutes, chapter 364; repealing
Minnesota Statutes 2006, section 244.055, subdivision 11.

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

Section 1.

Minnesota Statutes 2006, section 152.18, subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first time drug offenders.

If
any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance,
after trial or upon a plea of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under section 152.01, subdivision
16a, the court deleted text begin may deleted text end new text begin shall new text end , without entering a judgment of guilty and with the consent of
the person, new text begin either (1) new text end defer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violation deleted text begin . The court deleted text end new text begin or (2) enter a written finding that states
substantial and compelling reasons why a deferral is inappropriate. For any other person
who is found guilty of a violation of section 152.024, subdivision 2; 152.025, subdivision
2; or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial
or upon a plea of guilty, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period not to exceed the maximum sentence provided for the
violation. If the court grants a deferral, it new text end may give the person the opportunity to attend
and participate in an appropriate program of education regarding the nature and effects of
alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
The court may, in its discretion, dismiss the proceedings against the person and discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 2.

Minnesota Statutes 2006, section 241.27, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Marketing plan. new text end

new text begin The commissioner of corrections, in conjunction with
the commissioner of employment and economic development, shall develop and maintain
a formal marketing plan to attract private sector businesses and industries to employ inmate
services through MINNCOR industries. The plan shall be reviewed and updated annually.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 3.

Minnesota Statutes 2006, section 364.03, subdivision 3, is amended to read:

Subd. 3.

Evidence of rehabilitation.

(a) A person who has been convicted of a
crime or crimes which directly relate to the public employment sought or to the occupation
for which a license is sought shall not be disqualified from the employment or occupation
if the person can show competent evidence of sufficient rehabilitation and present fitness
to perform the duties of the public employment sought or the occupation for which
the license is sought. Sufficient evidence of rehabilitation may be established by the
production of new text begin a certificate of good conduct under section 364.20 or new text end :

(1) a copy of the local, state, or federal release order; and

(2) evidence showing that at least one year has elapsed since release from any local,
state, or federal correctional institution without subsequent conviction of a crime; and
evidence showing compliance with all terms and conditions of probation or parole; or

(3) a copy of the relevant Department of Corrections discharge order or other
documents showing completion of probation or parole supervision.

(b) In addition to the documentary evidence presented, the licensing or hiring
authority shall consider any evidence presented by the applicant regarding:

(1) the nature and seriousness of the crime or crimes for which convicted;

(2) all circumstances relative to the crime or crimes, including mitigating
circumstances or social conditions surrounding the commission of the crime or crimes;

(3) the age of the person at the time the crime or crimes were committed;

(4) the length of time elapsed since the crime or crimes were committed; and

(5) all other competent evidence of rehabilitation and present fitness presented,
including, but not limited to, letters of reference by persons who have been in contact with
the applicant since the applicant's release from any local, state, or federal correctional
institution.

Sec. 4.

Minnesota Statutes 2006, section 364.09, is amended to read:

364.09 EXCEPTIONS.

(a) This chapter does not apply to the licensing process for peace officers deleted text begin ; deleted text end new text begin , new text end to law
enforcement agencies as defined in section 626.84, subdivision 1, paragraph (f) deleted text begin ; deleted text end new text begin , or new text end to fire
protection agencies deleted text begin ; deleted text end new text begin . Sections 364.01 to 364.10 do not apply new text end to eligibility for a private
detective or protective agent license; to the licensing and background study process under
chapters 245A and 245C; to eligibility for school bus driver endorsements; to eligibility
for special transportation service endorsements; to eligibility for a commercial driver
training instructor license, which is governed by section 171.35 and rules adopted under
that section; to emergency medical services personnel, or to the licensing by political
subdivisions of taxicab drivers, if the applicant for the license has been discharged from
sentence for a conviction within the ten years immediately preceding application of a
violation of any of the following:

(1) sections 609.185 to 609.21, 609.221 to 609.223, 609.342 to 609.3451, or 617.23,
subdivision 2 or 3;

(2) any provision of chapter 152 that is punishable by a maximum sentence of
15 years or more; or

(3) a violation of chapter 169 or 169A involving driving under the influence, leaving
the scene of an accident, or reckless or careless driving.

This chapter also shall not apply to eligibility for juvenile corrections employment, where
the offense involved child physical or sexual abuse or criminal sexual conduct.

(b) deleted text begin This chapter does deleted text end new text begin Sections 364.01 to 364.10 do new text end not apply to a school district or
to eligibility for a license issued or renewed by the Board of Teaching or the commissioner
of education.

(c) Nothing in this section precludes the Minnesota Police and Peace Officers
Training Board or the state fire marshal from recommending policies set forth in this
chapter to the attorney general for adoption in the attorney general's discretion to apply to
law enforcement or fire protection agencies.

(d) deleted text begin This chapter does deleted text end new text begin Sections 364.01 to 364.10 do new text end not apply to a license to practice
medicine that has been denied or revoked by the Board of Medical Practice pursuant to
section 147.091, subdivision 1a.

Sec. 5.

new text begin [364.20] CERTIFICATE OF GOOD CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Petition; filing fee. new text end

new text begin A person who has been convicted or adjudicated
delinquent for a crime may petition a court for a certificate of good conduct as provided
in this section. A petition may seek a certificate for a single crime or multiple crimes.
When filing the petition, the person shall pay a filing fee in the amount required under
section 357.021, subdivision 2, clause (1), unless the court allows the petitioner to proceed
in forma pauperis under section 563.01.
new text end

new text begin Subd. 2. new text end

new text begin Contents of petition. new text end

new text begin (a) A petition for a certificate of good conduct must
be signed under oath by the petitioner and state the following:
new text end

new text begin (1) the petitioner's full name and all other legal names or aliases by which the
petitioner has been known at any time;
new text end

new text begin (2) the petitioner's date of birth;
new text end

new text begin (3) all of the petitioner's addresses from the date of the offense in connection with
which a certificate is sought, to the date of the petition;
new text end

new text begin (4) why the certificate is sought and why it should be granted;
new text end

new text begin (5) the details of the offense for which the certificate is sought, including the date
and jurisdiction of the offense; either the names of any victims or that there were no
identifiable victims; whether there is a current order for protection, restraining order, or
other no contact order prohibiting the petitioner from contacting the victims or whether
there has ever been a prior order for protection or restraining order prohibiting the
petitioner from contacting the victims; the court file number; and the date of conviction;
new text end

new text begin (6) what steps the petitioner has taken since the time of the offense toward personal
rehabilitation, including treatment, work, or other personal history that demonstrates
rehabilitation;
new text end

new text begin (7) the petitioner's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which the certificate is sought;
new text end

new text begin (8) the petitioner's criminal charges record indicating all prior and pending criminal
charges against the petitioner in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal or stayed for adjudication, or have been the
subject of pretrial diversion; and
new text end

new text begin (9) all prior requests by the petitioner, whether for the present offense or for any
other offenses, in this state or any other state or federal court, for pardon, return of arrest
records, expungement or sealing of a criminal record, or certificate of good conduct or
similar certificate, whether granted or not, and all stays of adjudication or imposition of
sentence involving the petitioner.
new text end

new text begin (b) If there is a current order for protection, restraining order, or other no contact
order prohibiting the petitioner from contacting the victims or there has ever been a prior
order for protection or restraining order prohibiting the petitioner from contacting the
victims, the petitioner shall attach a copy of the order to the petition.
new text end

new text begin Subd. 3. new text end

new text begin Service of petition and proposed order. new text end

new text begin (a) The petitioner shall serve by
mail the petition for a certificate of good conduct and a proposed certificate order on the
prosecutorial office that had jurisdiction over the offense for which the certificate is sought.
new text end

new text begin (b) The prosecutorial office that had jurisdiction over the offense for which the
certificate is sought shall serve by mail the petition for the certificate and the proposed
certificate order on any victims of the offense for which the certificate is sought who have
requested notice pursuant to section 611A.06. Service under this paragraph does not
constitute a violation of an existing order for protection, restraining order, or other no
contact order.
new text end

new text begin (c) The prosecutorial office's notice to victims of the offense under this subdivision
must specifically inform the victims of the victims' right to be present and to submit an
oral or written statement at the hearing described in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin A hearing on the petition must be held no sooner than 60 days
after service of the petition. If the petition is filed in the judicial district where the offender
was sentenced, the sentencing judge should preside over the hearing when possible.
Parties to the action may call witnesses to establish or refute the petitioner's eligibility for
the certificate. A victim of the offense for which a certificate is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing any conduct
of the offender that has occurred after the offender's sentencing that is relevant to the issue
of whether the offender has been rehabilitated, including the effect of this conduct upon
the victim. The judge shall consider the victim's statement when making a decision.
new text end

new text begin Subd. 5. new text end

new text begin Eligibility. new text end

new text begin A person is eligible for a certificate of good conduct under this
section if the following conditions are met:
new text end

new text begin (1) the person has been successfully discharged from the sentence imposed for the
offense for which the certificate is sought and is not under correctional supervision for
any other offense;
new text end

new text begin (2) the person is not currently required to register as a predatory offender under
section 243.166;
new text end

new text begin (3) the person has been law abiding for the following period immediately preceding
the filing of the petition: (i) for a person convicted of a crime against the person or who
was required to register as a predatory offender, five years; or (ii) for all other persons,
three years;
new text end

new text begin (4) the person demonstrates rehabilitation, which may be shown, among other
ways, by evidence of the person's good character, employment, volunteer activities, or
participation in vocational, educational, treatment, or rehabilitation programs;
new text end

new text begin (5) the person has paid or the court determines the person is making a good faith
and consistent effort to pay court-ordered fines, restitution, and other costs related to the
crime for which the certificate is sought;
new text end

new text begin (6) for petitions for certificates for crimes where an element of the offense involved
alcohol or a controlled substance, that the person is not abusing alcohol or using a
controlled substance;
new text end

new text begin (7) the issuance of the certificate is consistent with the public interest; and
new text end

new text begin (8) any other factor deemed relevant by the court, including, but not limited to, the
severity of the conduct that constituted the offense for which the certificate is sought.
new text end

new text begin Subd. 6. new text end

new text begin Issuance of certificate. new text end

new text begin A judge shall issue a certificate of good conduct
to a petitioner if the petitioner establishes by a preponderance of the evidence that the
petitioner meets the eligibility requirements specified in subdivision 5, clauses (1) to (7),
and any other factor required by the court under subdivision 5, clause (8).
new text end

new text begin Subd. 7. new text end

new text begin Record with Bureau of Criminal Apprehension. new text end

new text begin After ruling on a
petition under this section, the court shall notify the Bureau of Criminal Apprehension of
the court's ruling. The bureau shall record the court's ruling on the petitioner's criminal
record.
new text end

new text begin Subd. 8. new text end

new text begin Effect of certificate. new text end

new text begin (a) A certificate of good conduct issued under this
section creates a presumption of rehabilitation in favor of the person to whom it was
issued and relieves the person of any state-imposed collateral sanction, as defined in
section 609B.050, relating to eligibility for housing, employment, or professional or
occupational licensing arising from a crime for which the certificate was issued.
new text end

new text begin (b) A certificate of good conduct has no effect on collateral sanctions that are
unrelated to housing, employment, or licensing.
new text end

new text begin (c) Consistent with paragraph (a) and other applicable law, a housing or licensing
authority or employer may, but is not required to, take into account a conviction that is
the subject of a certificate of good conduct when making a housing, licensing, or hiring
decision.
new text end

new text begin (d) A housing or licensing authority or employer is not civilly or criminally liable for
relying on a certificate of good conduct when offering housing, employment, or licensing
to a person. This paragraph does not relieve a person from any other legal duty in making
a housing, employment, or licensing decision not related to the conduct that is the subject
of the certificate of good conduct.
new text end

new text begin (e) Evidence relating to a conviction for which a certificate of good conduct has been
issued is inadmissible in a civil action against a housing or licensing authority or employer
for negligence or other fault in renting, leasing, licensing, or hiring if the authority or
employer relied on the certificate when making the underlying decision.
new text end

new text begin (f) The existence of a certificate of good conduct is admissible as evidence of
reasonable care by a person who relied on it when making a housing, licensing, or hiring
decision related to the subject of the certificate.
new text end

new text begin Subd. 9. new text end

new text begin Revocation. new text end

new text begin A certificate of good conduct is revoked by operation of law
if the subject of the certificate is subsequently convicted or adjudicated delinquent for
a new crime.
new text end

new text begin Subd. 10. new text end

new text begin Limited effect. new text end

new text begin A certificate of good conduct has only the effect given
in this section. A certificate does not act as a pardon or expungement. The certificate
does not relieve the person to whom it was issued of any collateral sanctions or legal
disabilities related to predatory offender registration, eligibility to possess firearms, or
driver's license sanctions.
new text end

new text begin Subd. 11. new text end

new text begin Crime for misuse. new text end

new text begin Unless a greater penalty is specified elsewhere in
statute, a person who knowingly uses or attempts to use a revoked certificate of good
conduct or who fraudulently alters or forges a certificate of good conduct is guilty of a
misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 6.

Minnesota Statutes 2006, section 611A.06, subdivision 1a, is amended to read:

Subd. 1a.

Notice of expungement new text begin or certificate of good conduct new text end required.

The
prosecuting authority with jurisdiction over an offense for which expungement new text begin or a
certificate of good conduct under section 364.20 new text end is being sought shall make a good faith
effort to notify a victim that the expungement new text begin or a certificate new text end is being sought if: (1) the
victim has mailed to the prosecuting authority with jurisdiction over an offense for which
expungement new text begin or a certificate new text end is being sought a written request for this notice, or (2) the
victim has indicated on a request for notice of deleted text begin expungement deleted text end new text begin release new text end submitted under
subdivision 1 a desire to be notified in the event the offender seeks an expungement new text begin or a
certificate new text end for the offense.

A copy of any written request for a notice of expungement new text begin or a certificate new text end request
received by the commissioner of corrections or other custodial authority shall be
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates. The prosecutorial authority complies with this section upon mailing a copy
of an expungement new text begin or a certificate new text end petition relating to the notice to the address which the
victim has most recently provided in writing.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 7. new text begin GUIDELINES FOR REVOCATION OF PAROLE AND SUPERVISED
RELEASE; DEPARTMENT OF CORRECTIONS INTERNAL REVIEW; REPORT
TO LEGISLATURE.
new text end

new text begin The commissioner of corrections shall perform an internal review of the
department's guidelines for revocation of parole and supervised release. At a minimum,
the commissioner shall assess: (1) the appropriateness and proportionality of the sanctions
set forth in the guidelines; (2) the use of intermediate sanctions and the potential for
expanding the use and number of intermediate sanctions; and (3) the option of capping the
number of days that an offender may be re-incarcerated for a parole or supervised release
violation. By December 1, 2008, the commissioner shall report the results of the internal
review to the chairs and ranking minority members of the senate and house committees
and divisions having jurisdiction over criminal justice policy and funding.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 8. new text begin WORKING GROUP ON CONTROLLED SUBSTANCE LAWS;
REPORT TO LEGISLATURE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership; staff. new text end

new text begin (a) The working group on the
state's controlled substance laws shall include:
new text end

new text begin (1) two representatives of the Minnesota County Attorneys Association;
new text end

new text begin (2) two representatives of the Board of Public Defense;
new text end

new text begin (3) three representatives of state law enforcement associations, including one
sheriff, one chief of police, and one member of the Minnesota Police and Peace Officers
Association;
new text end

new text begin (4) two representatives of the Judicial Council;
new text end

new text begin (5) one representative from community corrections or probation;
new text end

new text begin (6) one expert in the fields of drug treatment and controlled substance laws;
new text end

new text begin (7) two individuals who are not affiliated with any of the associations in clauses (1)
to (6) and who have relevant experience related to sentencing policy or the criminal justice
field, one of whom shall be appointed by the speaker of the house of representatives and
one of whom shall be appointed by the Subcommittee on Committees of the Committee
on Rules and Administration of the senate; and
new text end

new text begin (8) four community members that reside in areas adversely affected by controlled
substance crimes and violent crimes, two of whom shall be appointed by the speaker of
the house of representatives and two of whom shall be appointed by the Subcommittee
on Committees of the Committee on Rules and Administration of the senate. One of the
community members appointed by the senate must be a member of a community crime
prevention organization.
new text end

new text begin (b) Before making the appointments required under paragraph (a), the legislative
appointing authorities must consider the recommendations of the chairs and ranking
minority members of the committees and divisions in their respective legislative body
with jurisdiction over criminal justice and policy funding.
new text end

new text begin (c) The appointments under paragraph (a) must be completed by July 1, 2008.
Staff support for the working group shall be provided by the Department of Corrections
and the Sentencing Guidelines Commission. The commissioner of corrections or the
commissioner's designee shall convene the first meeting of the working group. The
working group shall elect its chair from its membership at the first meeting.
new text end

new text begin Subd. 2. new text end

new text begin Subject matter. new text end

new text begin (a) The working group must review, assess, and make
specific recommendations, including any necessary draft legislation regarding the
following alternatives for modification of Minnesota's controlled substance laws:
new text end

new text begin (1) revising the threshold amounts for Minnesota's controlled substance crimes;
new text end

new text begin (2) establishing a separate sentencing guidelines grid for drug offenses;
new text end

new text begin (3) establishing additional aggravating factors so as to target certain particularly
dangerous offenders; and
new text end

new text begin (4) revising the criminal history point calculations for repeat drug offenders.
new text end

new text begin (b) As part of its review of the various possible reforms, the working group may
also study and consider:
new text end

new text begin (1) the significance, if any, of current rates of departure from presumptive guideline
sentences for controlled substance crimes;
new text end

new text begin (2) the significance, if any, of current rates of departure from presumptive guideline
sentences for controlled substance crimes for identifiable categories of offenders;
new text end

new text begin (3) the impact that recent United States Supreme Court criminal sentencing decisions
have on implementing further reform;
new text end

new text begin (4) the barriers to comparing Minnesota's sentencing data with data from other states;
new text end

new text begin (5) strategies for reducing probation and supervised release violations among drug
offenders;
new text end

new text begin (6) strategies for increasing the efficacy of programs that are now available to treat
drug offenders;
new text end

new text begin (7) the likely impact of any recommended change in policy upon victims of
drug-related crimes and the neighborhoods in which these crimes occur;
new text end

new text begin (8) the likely impact of any recommended change in policy upon the efficacy of law
enforcement, prosecution, public defender, or court personnel; or
new text end

new text begin (9) any other sentencing-related matter that the working group sees fit to consider.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The working group shall report its findings
and recommendations to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over criminal justice
policy and funding by January 15, 2009. The working group expires upon the submission
of the report required by this subdivision.
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. 9. new text begin RE-ENTRY FACILITIES STUDY; REPORT TO LEGISLATURE.
new text end

new text begin The commissioner of corrections shall study and make recommendations regarding
the need for and feasibility of establishing re-entry facilities designed to assist in the
reintegration of offenders released from incarceration. The commissioner shall specifically
study and make recommendations regarding: (1) whether there are existing state facilities
that can serve as re-entry facilities; (2) the cost of developing and operating re-entry
facilities; (3) what programming re-entry facilities should provide; (4) which offenders
should spend time in re-entry facilities and the amount of time offenders should spend in
the facilities; and (5) any other issues the commissioner deems appropriate. On or before
February 1, 2009, the commissioner shall submit a report containing the study's findings
and recommendations to the chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice funding and policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 10. new text begin RE-ENTRY COURT TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Judicial Council shall establish a task force to
study and recommend approaches and strategies for developing a re-entry court pilot
program. The purpose of the re-entry court is to aid the reintegration of offenders into
the community and reduce recidivism by:
new text end

new text begin (1) improving tracking and supervision of offenders upon release;
new text end

new text begin (2) preparing communities to address public safety concerns; and
new text end

new text begin (3) providing services necessary to assist offenders in reconnecting with their
families and communities.
new text end

new text begin Subd. 2. new text end

new text begin Membership; organization. new text end

new text begin (a) Except as otherwise provided in this
subdivision, the appointments to the task force shall be made by the Judicial Council. The
task force shall consist of the following members:
new text end

new text begin (1) a representative from the Supreme Court;
new text end

new text begin (2) two district court judges;
new text end

new text begin (3) a court administrator;
new text end

new text begin (4) a county attorney selected by the Minnesota County Attorneys Association;
new text end

new text begin (5) a public defender selected by the Board of Public Defense;
new text end

new text begin (6) a law enforcement representative;
new text end

new text begin (7) a representative from community corrections;
new text end

new text begin (8) the commissioner of corrections or a designee;
new text end

new text begin (9) the commissioner of human services or a designee;
new text end

new text begin (10) representatives from community organizations that specialize in mental health
counseling, substance abuse treatment, family counseling, employment and vocational
assistance, and housing assistance; and
new text end

new text begin (11) any other persons designated by the Judicial Council.
new text end

new text begin (b) The appointments required under paragraph (a) must be completed by July 1,
2008. Staff designated by the Judicial Council shall convene the first meeting of the task
force within 30 days after the appointments under paragraph (a) have been completed.
The task force shall select a chair at its first meeting.
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin By January 15, 2009, the task force shall report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction
over criminal justice policy and funding on its findings and recommendations regarding
a re-entry court pilot program, including anticipated costs and any necessary draft
legislation. As part of its study and report, the task force shall assess the re-entry court's
ability to issue certificates of relief to offenders to exempt them from specific collateral
consequences.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required
under subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2008.
new text end

Sec. 11. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, section 244.055, subdivision 11, new text end new text begin is repealed.
new text end