SF 2851

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/20/2020 01:47pm

A bill for an act
relating to public safety; providing for senate confirmation of certain members of
the Minnesota Sentencing Guidelines Commission; requiring the Minnesota
Sentencing Guidelines Commission to adopt rules; amending Minnesota Statutes
2018, section 244.09, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2018, section 244.09, subdivision 2, is amended to read:

Subd. 2.

Members.

The Sentencing Guidelines Commission shall consist of the
following:

(1) the chief justice of the supreme court or a designee;

(2) one judge of the court of appeals, appointed by the chief justice of the supreme court;

(3) one district court judge appointed by the chief justice of the supreme court;

(4) one public defender appointed by the governor upon recommendation of the state
public defender;

(5) one county attorney appointed by the governor upon recommendation of the board
of directors of the Minnesota County Attorneys Association;

(6) the commissioner of corrections or a designee;

(7) one peace officer as defined in section 626.84 appointed by the governor;

(8) one probation officer or parole officer appointed by the governor; and

(9) three public members appointed by the governor, one of whom shall be a victim of
a crime defined as a felony.

When an appointing authority selects individuals for membership on the commission,
the authority shall make reasonable efforts to appoint qualified members of protected groups,
as defined in section 43A.02, subdivision 33.

One of the members shall be designated by the governor as chair of the commission.

new text begin The appointments of members described in clauses (2), (3), (4), (5), (7), (8), and (9),
are to be made with the advice and consent of the senate. Section 15.066 applies to these
appointments.
new text end

Sec. 2.

Minnesota Statutes 2018, section 244.09, subdivision 3, is amended to read:

Subd. 3.

Appointment terms.

Each appointed member shall be appointed for four years
and shall continue to serve during that time as long as the member occupies the position
deleted text begin which deleted text end new text begin that new text end made the member eligible for the appointment. Each member shall continue in
office until a successor is duly appointed new text begin and, if applicable, confirmed by the senate new text end .
Members shall be eligible for reappointment, and appointment may be made to fill an
unexpired term. deleted text begin The term of any member appointed or reappointed by the governor before
the first Monday in January 1991 expires on that date. deleted text end The term of any member appointed
or reappointed by the governor deleted text begin after the first Monday in January 1991 deleted text end is coterminous with
the governor. The members of the commission shall elect any additional officers necessary
for the efficient discharge of their duties.

Sec. 3. new text begin SENTENCING GUIDELINES COMMISSION REQUIRED TO ADOPT
RULES.
new text end

new text begin (a) The Minnesota Sentencing Guidelines Commission shall adopt further rules regulating
how the commission's hearings are to be conducted. These rules must ensure that proper
notice of at least seven days is provided to commission members and the public regarding
the time and place for a meeting. This notice must include any proposed amendments or
modifications to the guidelines to be discussed and a detailed agenda that distinguishes
between informational items, discussion items, and action items. The rules must prohibit
items not included as action items from being acted on at that hearing. Further, the rules
must prohibit a vote on any proposal to amend or modify the guidelines during the same
meeting that it was first presented. In addition, the rules must prohibit the final adoption of
a proposed modification to the guidelines that was forwarded for a public hearing and that
was amended in any substantive way at or following the public hearing, unless another
public hearing is held on the revised language.
new text end

new text begin (b) Upon adoption of the rules required in paragraph (a), the commission shall report a
summary of them to the chairs and ranking minority members of the legislative committees
with jurisdiction over criminal justice policy.
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