Minnesota Legislature
SF 2909
4th Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/31/2023 08:51am
Current Version - 4th Engrossment
3.4 3.5
3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14
4.15 4.16 4.17 4.18 4.19
4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17
5.18
5.19
5.20
5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 6.1 6.2
6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29
6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13
7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32
8.1 8.2 8.3 8.4
8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20
8.21 8.22
8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 9.1 9.2 9.3 9.4
9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28
9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 22.34 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 23.34 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 24.35 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 25.33 25.34 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 26.34 26.35 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 29.35 30.1 30.2 30.3 30.4 30.5 30.6 30.7
30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21
30.22
30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32
37.1 37.2
37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20
37.21 37.22 37.23 37.24 37.25
37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12
39.13 39.14 39.15
39.16 39.17 39.18 39.19
39.20 39.21 39.22 39.23 39.24 39.25 39.26
39.27 39.28 39.29 39.30
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10
40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1
42.2 42.3 42.4
42.5 42.6
42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6
47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26 48.27 48.28 48.29 48.30 48.31 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25
50.26 50.27
50.28 50.29 50.30 50.31 50.32 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20
51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 52.1 52.2 52.3 52.4 52.5
52.6 52.7
52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10
54.11
54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30
54.31
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21
55.22 55.23 55.24
55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5 56.6
56.7 56.8
56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20
56.21 56.22
56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12
57.13 57.14
57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25
57.26
57.27 57.28 57.29 57.30 58.1 58.2 58.3
58.4
58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22
59.23 59.24
59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 62.1 62.2 62.3 62.4 62.5
62.6 62.7
62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28
62.29 62.30
63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14
63.15 63.16
63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8
64.9 64.10
64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10
65.11 65.12
65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2
66.3 66.4
66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12
66.13 66.14
66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23
68.24 68.25
68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19
69.20 69.21
69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31
70.1 70.2
70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11
70.12
70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24
70.25
70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 72.1 72.2 72.3 72.4 72.5
72.6 72.7 72.8
72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22
72.23
72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18
78.19
78.20 78.21 78.22
78.23
78.24 78.25
78.26 78.27 78.28 78.29 78.30 78.31 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9
79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9
80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29
80.30
81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10
81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31
82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16
83.17
83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2
84.3 84.4
84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13
84.14
84.15 84.16 84.17 84.18
84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 85.1 85.2 85.3 85.4
85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17
85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 85.32 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3 88.4
88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27
89.28 89.29 89.30 89.31 89.32 89.33 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18 90.19
90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29
91.1 91.2 91.3 91.4
91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23
92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22
93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 94.1 94.2 94.3 94.4 94.5
94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25
94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4
95.5
95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29
96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9
96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19
96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25
98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27 100.28 100.29 100.30 100.31 100.32 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2
103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2
109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12
110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18
111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23
112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12
113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20
113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 113.33 114.1 114.2 114.3
114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5
116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19
116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23
118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 119.1 119.2 119.3 119.4 119.5 119.6
119.7
119.8 119.9 119.10 119.11 119.12
119.13
119.14 119.15 119.16 119.17 119.18
119.19
119.20 119.21 119.22 119.23 119.24 119.25
119.26
119.27 119.28 119.29 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14
120.15
120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27
120.28
121.1 121.2 121.3 121.4 121.5
121.6
121.7 121.8 121.9 121.10
121.11
121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 122.1 122.2 122.3 122.4
122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30
122.31 122.32
123.1 123.2 123.3 123.4 123.5
123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31
124.1 124.2
124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18
124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10
125.11 125.12 125.13 125.14 125.15 125.16 125.17
125.18 125.19 125.20 125.21
125.22 125.23 125.24 125.25
125.26 125.27 125.28 125.29 125.30 126.1 126.2
126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20
127.21 127.22 127.23 127.24
127.25 127.26 127.27
127.28 127.29 127.30
128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20
128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 129.33 129.34 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 131.1 131.2 131.3 131.4
131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17
131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23
132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32
133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8
133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17
133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32
134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8
134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20
134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8
135.9 135.10 135.11 135.12 135.13 135.14
135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32
136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11
136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 137.1 137.2
137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17
137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9
138.10 138.11 138.12 138.13
138.14 138.15 138.16 138.17 138.18 138.19
138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30
139.1 139.2 139.3
139.4 139.5
139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 140.1 140.2 140.3 140.4
140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20
140.21 140.22 140.23 140.24 140.25 140.26 140.27
140.28 140.29 140.30
140.31
141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13
141.14 141.15 141.16
141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25
141.26 141.27 141.28
142.1 142.2 142.3 142.4
142.5
142.6 142.7 142.8 142.9
142.10
142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23
142.24
142.25 142.26 142.27 142.28 142.29 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16
146.17
146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30
146.31
147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8
147.9
147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26
148.27 148.28
148.29 148.30 148.31 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23
149.24 149.25
149.26 149.27 149.28 149.29
150.1 150.2 150.3 150.4 150.5
150.6 150.7
150.8 150.9 150.10 150.11 150.12 150.13
150.14
150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30
151.31
151.32 151.33 151.34 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13
152.14
152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12
154.13
154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 155.1 155.2 155.3 155.4 155.5
155.6
155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14
155.15
155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 156.33 157.1 157.2 157.3
157.4 157.5
157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22
158.23 158.24 158.25
158.26 158.27 158.28 158.29 158.30
158.31
159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8
159.9
159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19
159.20
159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 162.31 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 163.34 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5
165.6 165.7 165.8 165.9
165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20
166.21 166.22 166.23
166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29 167.30 167.31 167.32 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13
170.14 170.15 170.16
170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27
171.28
172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24
173.25
173.26 173.27 173.28 173.29 173.30 173.31 173.32
174.1
174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9
174.10
174.11 174.12 174.13 174.14
174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27
174.28 174.29
175.1 175.2
175.3 175.4 175.5 175.6
175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26
175.27 175.28 175.29 175.30 176.1 176.2 176.3
176.4
176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16
176.17
176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12
178.13
178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24
179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19
180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13
182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28
182.29 182.30 182.31 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28
184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12
186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 187.1 187.2
187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14
187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 188.1 188.2 188.3 188.4 188.5
188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23
188.24 188.25 188.26 188.27 188.28 188.29 188.30 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10
189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23
189.24 189.25 189.26 189.27 189.28 189.29 189.30 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8
190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20
190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9
191.10
191.11 191.12 191.13
191.14
191.15 191.16
191.17 191.18
191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 192.1 192.2 192.3 192.4
192.5
192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15
192.16
192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31
193.32
194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21
194.22
194.23 194.24 194.25 194.26 194.27 194.28 194.29
195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8
195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31
196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14
196.15
196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 197.1 197.2 197.3 197.4 197.5 197.6 197.7
197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23
197.24 197.25 197.26 197.27 197.28 197.29 197.30 198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15
198.16
198.17 198.18
198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 199.32 199.33 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15
200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 201.1 201.2 201.3 201.4 201.5
201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15
201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 202.1 202.2 202.3 202.4
202.5 202.6 202.7 202.8 202.9 202.10 202.11
202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 203.1 203.2 203.3 203.4 203.5 203.6
203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17
203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8
204.9
204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 205.1 205.2 205.3 205.4
205.5 205.6 205.7 205.8 205.9 205.10 205.11
205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24
205.25 205.26 205.27 205.28 205.29 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29
207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24
207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 207.33 207.34 208.1 208.2 208.3 208.4
208.5 208.6
208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19
208.20 208.21
208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24
209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33
210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 210.35 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8
211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8
213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 213.31 213.32 213.33 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31
215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22
215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31
216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13
216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23
216.24 216.25 216.26 216.27 216.28 216.29 216.30 216.31 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26
217.27 217.28 217.29 217.30 217.31 217.32 217.33 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25
218.26 218.27 218.28 218.29 218.30 218.31 218.32 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8 219.9 219.10 219.11 219.12 219.13 219.14 219.15 219.16 219.17 219.18
219.19 219.20 219.21 219.22 219.23 219.24
219.25 219.26 219.27 219.28 219.29 219.30 219.31 219.32 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25
220.26 220.27 220.28 220.29 220.30 220.31 221.1 221.2
221.3 221.4 221.5 221.6 221.7
221.8 221.9 221.10 221.11 221.12 221.13
221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24
221.25 221.26 221.27
221.28 221.29
222.1 222.2
222.3 222.4 222.5 222.6 222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 222.33 222.34
223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19 223.20 223.21 223.22 223.23 223.24 223.25 223.26 223.27 223.28 223.29 223.30 223.31 223.32 223.33 224.1 224.2 224.3 224.4 224.5 224.6
224.7
224.8 224.9 224.10 224.11 224.12 224.13 224.14
224.15 224.16 224.17 224.18 224.19 224.20 224.21 224.22 224.23 224.24
224.25 224.26 224.27 224.28 224.29 224.30 224.31 225.1 225.2 225.3 225.4
225.5 225.6 225.7 225.8 225.9 225.10
225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19 225.20 225.21 225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17 226.18 226.19 226.20 226.21 226.22 226.23 226.24 226.25 226.26 226.27 226.28 226.29 226.30 227.1 227.2 227.3
227.4
227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18
227.19 227.20 227.21 227.22 227.23 227.24 227.25 227.26 227.27 227.28 227.29 227.30
228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9
228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20 228.21 228.22 228.23 228.24 228.25 228.26 228.27 228.28 228.29 228.30 228.31 228.32 228.33 229.1 229.2 229.3 229.4 229.5 229.6 229.7 229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20
229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32
230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9 230.10 230.11 230.12 230.13 230.14 230.15
230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28
232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13
232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25
232.26 232.27 232.28 232.29 232.30 232.31 232.32 232.33
233.1
233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24
234.25 234.26 234.27 234.28 234.29 234.30 234.31 235.1 235.2 235.3 235.4 235.5 235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29
236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23
236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14
237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 238.1 238.2 238.3
238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11
238.12 238.13 238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 242.31 242.32 242.33 242.34 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17 244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18 245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14 247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25 247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 247.34 248.1 248.2 248.3 248.4 248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28 248.29 248.30 248.31 248.32 248.33 249.1 249.2 249.3 249.4 249.5 249.6 249.7 249.8 249.9 249.10 249.11 249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19 249.20 249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 249.31 249.32 250.1 250.2 250.3 250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 250.30 250.31 250.32 250.33 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11 251.12 251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27 251.28 251.29 252.1 252.2 252.3 252.4 252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18 252.19 252.20 252.21 252.22 252.23 252.24 252.25 252.26 252.27 252.28 252.29 252.30 252.31 252.32 252.33 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20 253.21 253.22 253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14 254.15 254.16 254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 254.30 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20 255.21 255.22 255.23 255.24 255.25
255.26 255.27 255.28 255.29 255.30 255.31 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17
256.18
256.19 256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14 257.15 257.16 257.17 257.18
257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31
258.1 258.2 258.3 258.4 258.5 258.6 258.7 258.8 258.9 258.10 258.11 258.12
258.13
258.14 258.15 258.16 258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 258.30 258.31 258.32 258.33 258.34 259.1 259.2 259.3 259.4 259.5 259.6 259.7 259.8 259.9 259.10
259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 259.29 259.30 259.31 259.32 259.33 259.34 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17
260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 260.28 260.29 260.30 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12
261.13 261.14 261.15 261.16 261.17 261.18
261.19
261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 261.29 261.30 261.31 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12
263.13
263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 263.30
263.31
264.1 264.2
264.3 264.4
264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 264.30
265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24
265.25 265.26 265.27
265.28 265.29 265.30 265.31 265.32 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 266.28 266.29 266.30 266.31 266.32 266.33 267.1 267.2 267.3 267.4 267.5
267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 267.28 267.29 267.30 267.31 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12
268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12
269.13 269.14 269.15 269.16 269.17 269.18 269.19
269.20 269.21 269.22 269.23 269.24 269.25
269.26 269.27 269.28 269.29 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21
270.22 270.23 270.24 270.25 270.26 270.27 270.28 270.29 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9
271.10 271.11 271.12 271.13
271.14 271.15 271.16 271.17 271.18 271.19
271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19
272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 273.32
274.1 274.2
274.3 274.4
274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 274.31 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 275.30 275.31 275.32 275.33 276.1 276.2 276.3 276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 276.29 276.30 276.31 276.32 276.33 276.34 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 278.1 278.2 278.3 278.4 278.5
278.6 278.7
278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 278.27 278.28 278.29 278.30 278.31 278.32 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26 279.27 279.28 279.29 279.30 279.31 279.32 279.33 279.34 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 280.30 280.31 280.32 280.33 280.34 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 281.28 281.29 281.30 281.31 281.32 281.33 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 282.29 282.30 282.31 282.32 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11 283.12 283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 283.30 283.31 284.1 284.2 284.3 284.4 284.5
284.6 284.7
284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 285.33 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22 286.23 286.24 286.25 286.26 286.27 286.28 286.29 286.30 286.31 287.1 287.2 287.3 287.4 287.5 287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13 287.14 287.15 287.16 287.17 287.18 287.19 287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28 287.29 287.30 287.31 288.1 288.2 288.3 288.4 288.5 288.6 288.7 288.8 288.9 288.10 288.11 288.12 288.13 288.14 288.15 288.16 288.17 288.18 288.19 288.20
288.21 288.22
288.23 288.24
288.25 288.26 288.27 288.28 288.29 288.30 288.31 289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10 289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19 289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28 289.29 289.30 289.31 289.32 289.33 289.34 290.1 290.2 290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13 290.14 290.15 290.16 290.17 290.18 290.19 290.20 290.21 290.22 290.23 290.24 290.25 290.26 290.27 290.28 290.29 290.30 290.31 290.32 291.1 291.2 291.3 291.4 291.5 291.6 291.7 291.8 291.9 291.10 291.11 291.12 291.13 291.14 291.15 291.16 291.17 291.18 291.19 291.20 291.21 291.22 291.23 291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31
292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8 292.9 292.10 292.11 292.12 292.13 292.14 292.15 292.16 292.17 292.18 292.19 292.20 292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28 292.29 292.30 293.1 293.2 293.3 293.4 293.5 293.6 293.7 293.8 293.9 293.10 293.11 293.12 293.13 293.14 293.15 293.16 293.17 293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 293.31 293.32 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23
294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 294.32 294.33 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 295.33 295.34 295.35 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15 296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11 297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21
297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 298.1 298.2 298.3 298.4 298.5 298.6 298.7
298.8 298.9 298.10 298.11 298.12 298.13 298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 299.1 299.2 299.3 299.4 299.5 299.6 299.7
299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16 299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 299.34 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 300.34 301.1 301.2
301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13
301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25
301.26 301.27 301.28 301.29 301.30 301.31 301.32 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17
302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25
302.26 302.27 302.28
302.29 302.30 302.31
303.1 303.2
303.3 303.4 303.5 303.6 303.7 303.8 303.9 303.10
303.11
303.12 303.13 303.14 303.15 303.16 303.17 303.18 303.19 303.20 303.21 303.22 303.23
303.24
303.25 303.26 303.27 303.28 303.29 303.30 303.31 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30
305.1
305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16
305.17 305.18 305.19 305.20 305.21 305.22
305.23 305.24
305.25 305.26 305.27 305.28 305.29 305.30 305.31 306.1 306.2 306.3 306.4 306.5 306.6 306.7
306.8 306.9
306.10 306.11 306.12 306.13 306.14
306.15 306.16
306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10
307.11 307.12
307.13 307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 308.1 308.2 308.3 308.4 308.5 308.6
308.7 308.8
308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10
309.11 309.12
309.13 309.14 309.15 309.16 309.17 309.18 309.19 309.20 309.21 309.22 309.23 309.24 309.25 309.26 309.27 309.28 309.29 309.30 310.1 310.2 310.3 310.4 310.5 310.6
310.7 310.8
310.9 310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23 310.24 310.25 310.26 310.27 310.28 310.29 310.30 310.31 311.1 311.2 311.3
311.4 311.5
311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19 311.20
311.21 311.22
311.23 311.24 311.25 311.26 311.27 311.28
311.29 311.30
312.1 312.2 312.3 312.4 312.5
312.6
312.7 312.8 312.9 312.10 312.11 312.12 312.13 312.14 312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24
312.25 312.26
312.27
313.1 313.2
313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16 315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18 316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9 318.10 318.11 318.12 318.13 318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25 320.26 320.27 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12 321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26 321.27 321.28 321.29 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19 322.20 322.21 322.22 322.23 322.24 322.25 322.26 322.27 322.28 322.29 323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15 323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19 324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18 326.19 326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 328.1 328.2 328.3 328.4 328.5 328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30 329.1 329.2 329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23
329.24
329.25 329.26 329.27 329.28 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 331.1 331.2 331.3 331.4 331.5 331.6 331.7 331.8 331.9 331.10 331.11 331.12 331.13 331.14 331.15 331.16 331.17 331.18 331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18
333.19
333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23 336.24 336.25 336.26 336.27 336.28 337.1 337.2 337.3 337.4 337.5
337.6
337.7 337.8 337.9 337.10 337.11 337.12 337.13 337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22 337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 338.1 338.2 338.3 338.4 338.5 338.6 338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18 338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 338.31 338.32 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 339.33 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13
340.14
340.15 340.16
340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 340.32 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 341.32 341.33 341.34 342.1 342.2 342.3 342.4 342.5 342.6 342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32 342.33 342.34 343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18
343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 343.30 343.31 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11 344.12 344.13 344.14 344.15 344.16 344.17 344.18 344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27
344.28 344.29 344.30 344.31 344.32 345.1 345.2 345.3 345.4 345.5 345.6 345.7 345.8 345.9 345.10 345.11 345.12 345.13 345.14 345.15 345.16 345.17 345.18 345.19 345.20 345.21 345.22 345.23 345.24 345.25 345.26 345.27 345.28 345.29 345.30 345.31 345.32 346.1 346.2 346.3 346.4 346.5 346.6 346.7 346.8 346.9 346.10 346.11 346.12 346.13 346.14 346.15 346.16 346.17 346.18 346.19 346.20 346.21 346.22 346.23 346.24 346.25 346.26 346.27 346.28 346.29 346.30 346.31 347.1 347.2 347.3 347.4 347.5 347.6 347.7 347.8 347.9 347.10 347.11 347.12 347.13 347.14 347.15 347.16 347.17 347.18 347.19 347.20 347.21 347.22 347.23 347.24 347.25 347.26 347.27 347.28 347.29 347.30 347.31 347.32
348.1
348.2 348.3 348.4 348.5 348.6 348.7 348.8 348.9 348.10 348.11 348.12 348.13 348.14 348.15 348.16 348.17 348.18 348.19 348.20 348.21 348.22 348.23 348.24 348.25 348.26 348.27 348.28 348.29 348.30 348.31 349.1 349.2 349.3 349.4 349.5 349.6 349.7 349.8 349.9 349.10 349.11 349.12 349.13 349.14 349.15 349.16 349.17 349.18 349.19 349.20 349.21 349.22 349.23 349.24 349.25 349.26 349.27 349.28 349.29 349.30 349.31 349.32 349.33 350.1 350.2 350.3 350.4 350.5 350.6 350.7 350.8 350.9 350.10 350.11 350.12 350.13 350.14 350.15 350.16 350.17 350.18 350.19 350.20 350.21 350.22 350.23 350.24 350.25 350.26 350.27 350.28 350.29 350.30 350.31 350.32 351.1 351.2 351.3 351.4 351.5 351.6 351.7 351.8 351.9 351.10 351.11 351.12 351.13 351.14 351.15 351.16 351.17 351.18 351.19 351.20 351.21 351.22 351.23 351.24 351.25 351.26 351.27 351.28 351.29 351.30 351.31 351.32 351.33 352.1 352.2 352.3 352.4 352.5 352.6 352.7 352.8 352.9 352.10 352.11 352.12 352.13 352.14 352.15 352.16 352.17 352.18 352.19 352.20 352.21 352.22 352.23 352.24 352.25 352.26 352.27 352.28 352.29 352.30 352.31 352.32 353.1 353.2 353.3 353.4 353.5 353.6 353.7 353.8 353.9 353.10 353.11 353.12 353.13 353.14 353.15 353.16 353.17 353.18 353.19 353.20 353.21 353.22 353.23 353.24 353.25 353.26 353.27 353.28 353.29 353.30 353.31 353.32 353.33 354.1 354.2 354.3 354.4 354.5 354.6 354.7 354.8 354.9 354.10 354.11 354.12 354.13 354.14 354.15 354.16 354.17 354.18 354.19 354.20 354.21 354.22 354.23 354.24 354.25 354.26 354.27 354.28 354.29 354.30 354.31 354.32 354.33 354.34 355.1 355.2 355.3 355.4 355.5 355.6 355.7 355.8 355.9 355.10 355.11 355.12 355.13 355.14 355.15 355.16 355.17 355.18 355.19 355.20 355.21 355.22 355.23 355.24 355.25 355.26 355.27 355.28 355.29 355.30 355.31 355.32 355.33 355.34
356.1 356.2 356.3 356.4 356.5 356.6 356.7 356.8 356.9 356.10 356.11 356.12 356.13 356.14 356.15 356.16 356.17 356.18 356.19 356.20 356.21 356.22 356.23 356.24 356.25 356.26 356.27 356.28 356.29 356.30 356.31 356.32 356.33 357.1 357.2 357.3 357.4 357.5 357.6 357.7 357.8 357.9 357.10 357.11 357.12 357.13 357.14 357.15 357.16 357.17 357.18 357.19 357.20 357.21 357.22 357.23 357.24 357.25 357.26 357.27 357.28 357.29 357.30 357.31 357.32 358.1 358.2 358.3
358.4 358.5 358.6 358.7 358.8 358.9 358.10 358.11 358.12 358.13 358.14 358.15 358.16 358.17 358.18 358.19 358.20 358.21 358.22 358.23 358.24 358.25 358.26 358.27 358.28 358.29 358.30 358.31 359.1 359.2 359.3 359.4 359.5 359.6 359.7 359.8 359.9 359.10 359.11 359.12 359.13 359.14 359.15 359.16 359.17 359.18 359.19 359.20 359.21 359.22 359.23 359.24 359.25 359.26 359.27 359.28 359.29 359.30
359.31 359.32
360.1 360.2 360.3 360.4 360.5 360.6 360.7 360.8 360.9 360.10 360.11 360.12 360.13 360.14 360.15 360.16 360.17 360.18 360.19 360.20 360.21 360.22 360.23 360.24 360.25 360.26 360.27 360.28 360.29 360.30 360.31 360.32
361.1 361.2 361.3 361.4 361.5 361.6 361.7 361.8 361.9 361.10 361.11 361.12 361.13 361.14 361.15 361.16 361.17 361.18 361.19 361.20 361.21 361.22 361.23 361.24 361.25 361.26 361.27 361.28 361.29 361.30 361.31 362.1 362.2 362.3 362.4 362.5 362.6 362.7 362.8 362.9 362.10 362.11 362.12 362.13 362.14 362.15 362.16 362.17 362.18 362.19 362.20 362.21 362.22 362.23 362.24 362.25 362.26 362.27 362.28 362.29
363.1 363.2 363.3 363.4 363.5 363.6 363.7 363.8 363.9
363.10 363.11 363.12 363.13 363.14 363.15 363.16 363.17 363.18 363.19 363.20 363.21 363.22 363.23 363.24 363.25 363.26 363.27 363.28 363.29 363.30 363.31 363.32 364.1 364.2 364.3 364.4 364.5 364.6 364.7 364.8 364.9 364.10 364.11 364.12 364.13 364.14 364.15 364.16 364.17 364.18 364.19
364.20 364.21 364.22 364.23 364.24 364.25 364.26 364.27 364.28 364.29 364.30
365.1 365.2 365.3 365.4 365.5 365.6 365.7 365.8 365.9 365.10 365.11 365.12 365.13 365.14 365.15 365.16 365.17 365.18 365.19 365.20 365.21 365.22
365.23 365.24 365.25 365.26 365.27 365.28 365.29 365.30 365.31
366.1 366.2 366.3 366.4 366.5 366.6 366.7 366.8 366.9 366.10 366.11 366.12 366.13 366.14 366.15 366.16 366.17 366.18 366.19 366.20 366.21 366.22 366.23 366.24 366.25 366.26 366.27 366.28 366.29 366.30 366.31 367.1 367.2 367.3 367.4 367.5
367.6 367.7 367.8 367.9 367.10 367.11 367.12 367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23 367.24 367.25 367.26 367.27 367.28 367.29 367.30 367.31 368.1 368.2 368.3 368.4 368.5 368.6 368.7 368.8 368.9 368.10 368.11 368.12 368.13 368.14 368.15 368.16 368.17 368.18 368.19 368.20 368.21 368.22
368.23 368.24 368.25 368.26 368.27 368.28 368.29 368.30 368.31 369.1 369.2 369.3 369.4 369.5 369.6 369.7 369.8 369.9 369.10 369.11 369.12 369.13 369.14 369.15 369.16 369.17 369.18 369.19 369.20 369.21 369.22 369.23 369.24 369.25 369.26 369.27 369.28 369.29 369.30 369.31 369.32 369.33 370.1 370.2 370.3 370.4 370.5 370.6 370.7 370.8 370.9 370.10 370.11 370.12 370.13 370.14 370.15 370.16 370.17 370.18 370.19 370.20 370.21 370.22 370.23 370.24 370.25 370.26 370.27 370.28 370.29 370.30 370.31 370.32 371.1 371.2 371.3 371.4 371.5 371.6 371.7 371.8 371.9 371.10 371.11 371.12
371.13 371.14 371.15 371.16 371.17 371.18 371.19 371.20 371.21 371.22 371.23 371.24 371.25 371.26 371.27 371.28 371.29 371.30 371.31 371.32 371.33 372.1 372.2 372.3 372.4 372.5 372.6 372.7 372.8 372.9 372.10 372.11 372.12 372.13 372.14 372.15 372.16 372.17 372.18 372.19 372.20 372.21 372.22 372.23 372.24 372.25 372.26 372.27 372.28
372.29 372.30 372.31 372.32 373.1 373.2 373.3
373.4 373.5 373.6 373.7 373.8 373.9 373.10 373.11 373.12 373.13 373.14 373.15 373.16 373.17 373.18 373.19 373.20 373.21 373.22 373.23 373.24 373.25 373.26 373.27 373.28 373.29 373.30 373.31 373.32 374.1 374.2 374.3 374.4 374.5
374.6 374.7 374.8 374.9 374.10 374.11 374.12 374.13 374.14
374.15 374.16 374.17 374.18 374.19 374.20 374.21 374.22 374.23 374.24 374.25 374.26 374.27 374.28 374.29 374.30 374.31 375.1 375.2 375.3 375.4 375.5 375.6 375.7 375.8 375.9 375.10 375.11 375.12 375.13 375.14 375.15 375.16 375.17 375.18 375.19 375.20 375.21 375.22 375.23 375.24 375.25 375.26 375.27 375.28 375.29 375.30 375.31 375.32 376.1 376.2 376.3 376.4 376.5 376.6 376.7 376.8 376.9 376.10 376.11 376.12 376.13 376.14 376.15 376.16 376.17 376.18 376.19 376.20 376.21 376.22 376.23 376.24 376.25 376.26 376.27 376.28 376.29 376.30 376.31 376.32 377.1 377.2 377.3 377.4 377.5 377.6 377.7
377.8 377.9
377.10 377.11 377.12 377.13 377.14 377.15 377.16 377.17 377.18 377.19 377.20 377.21 377.22 377.23 377.24 377.25 377.26 377.27 377.28 377.29 377.30 378.1 378.2 378.3 378.4 378.5 378.6 378.7 378.8 378.9 378.10 378.11 378.12 378.13 378.14 378.15 378.16 378.17
378.18 378.19 378.20 378.21 378.22 378.23 378.24 378.25 378.26 378.27 378.28 378.29 378.30 378.31 378.32 378.33 379.1 379.2 379.3
379.4 379.5
379.6 379.7 379.8 379.9 379.10 379.11 379.12 379.13 379.14 379.15 379.16 379.17 379.18 379.19 379.20 379.21 379.22 379.23 379.24 379.25 379.26 379.27 379.28 379.29 379.30 379.31 379.32 380.1 380.2 380.3 380.4 380.5 380.6 380.7 380.8 380.9 380.10 380.11 380.12 380.13 380.14 380.15 380.16 380.17 380.18 380.19 380.20 380.21 380.22 380.23 380.24 380.25 380.26 380.27 380.28 380.29 380.30 380.31 380.32 380.33 380.34 381.1 381.2 381.3 381.4 381.5 381.6 381.7 381.8 381.9 381.10 381.11 381.12 381.13 381.14 381.15 381.16 381.17 381.18 381.19 381.20 381.21 381.22 381.23 381.24 381.25 381.26 381.27 381.28 381.29 381.30 381.31 381.32 382.1 382.2 382.3 382.4 382.5 382.6 382.7 382.8 382.9 382.10 382.11 382.12 382.13 382.14 382.15 382.16 382.17 382.18 382.19 382.20 382.21 382.22 382.23 382.24 382.25 382.26 382.27 382.28 382.29 382.30 382.31 382.32 382.33 383.1 383.2 383.3 383.4 383.5 383.6 383.7 383.8 383.9
383.10
383.11 383.12 383.13 383.14 383.15 383.16 383.17 383.18 383.19 383.20 383.21 383.22 383.23 383.24 383.25 383.26 383.27 383.28 383.29 383.30 384.1 384.2 384.3 384.4 384.5 384.6 384.7 384.8 384.9 384.10 384.11 384.12
384.13 384.14
384.15 384.16 384.17 384.18 384.19 384.20 384.21 384.22 384.23 384.24 384.25 384.26 384.27 384.28 384.29 384.30 384.31 384.32 384.33 385.1 385.2 385.3
385.4 385.5 385.6 385.7 385.8 385.9 385.10 385.11 385.12 385.13 385.14 385.15 385.16 385.17 385.18 385.19 385.20 385.21 385.22 385.23 385.24 385.25 385.26
385.27 385.28 385.29 385.30 385.31 385.32 386.1 386.2 386.3 386.4 386.5 386.6 386.7 386.8 386.9 386.10 386.11 386.12 386.13 386.14 386.15 386.16 386.17 386.18 386.19 386.20 386.21 386.22 386.23
386.24 386.25 386.26 386.27 386.28 386.29 386.30 386.31 386.32 387.1 387.2 387.3 387.4 387.5 387.6 387.7 387.8 387.9 387.10 387.11 387.12 387.13 387.14
387.15 387.16 387.17 387.18 387.19 387.20 387.21 387.22 387.23 387.24 387.25 387.26 387.27 387.28 387.29 387.30 387.31 388.1 388.2 388.3 388.4 388.5 388.6 388.7 388.8 388.9 388.10 388.11 388.12 388.13 388.14 388.15 388.16 388.17 388.18 388.19 388.20 388.21 388.22 388.23 388.24 388.25 388.26 388.27 388.28 388.29 388.30 388.31 388.32 389.1 389.2 389.3 389.4 389.5 389.6 389.7 389.8 389.9 389.10 389.11 389.12 389.13 389.14 389.15 389.16 389.17 389.18 389.19 389.20 389.21 389.22 389.23 389.24 389.25 389.26 389.27 389.28 389.29 389.30 389.31 389.32 390.1 390.2 390.3 390.4 390.5 390.6 390.7 390.8 390.9 390.10 390.11 390.12 390.13 390.14 390.15 390.16 390.17 390.18 390.19 390.20 390.21 390.22 390.23 390.24 390.25 390.26 390.27 390.28 390.29 390.30 391.1 391.2 391.3 391.4 391.5 391.6 391.7 391.8 391.9 391.10 391.11 391.12 391.13 391.14 391.15
391.16 391.17 391.18 391.19 391.20 391.21 391.22 391.23 391.24 391.25 391.26 391.27 391.28
391.29
392.1 392.2 392.3 392.4 392.5 392.6 392.7 392.8 392.9 392.10 392.11 392.12 392.13 392.14 392.15 392.16 392.17 392.18 392.19 392.20 392.21 392.22 392.23 392.24 392.25 392.26
392.27 392.28
392.29 392.30 392.31 392.32 392.33 392.34 393.1 393.2 393.3 393.4 393.5 393.6 393.7 393.8 393.9 393.10 393.11 393.12 393.13 393.14 393.15 393.16 393.17 393.18 393.19 393.20 393.21 393.22 393.23 393.24 393.25 393.26 393.27 393.28 393.29 393.30 393.31 394.1 394.2 394.3
394.4 394.5
394.6 394.7 394.8 394.9
394.10 394.11 394.12
394.13
394.14 394.15
394.16 394.17 394.18 394.19 394.20 394.21 394.22 394.23 394.24 394.25 394.26 394.27 395.1 395.2 395.3 395.4 395.5 395.6 395.7 395.8 395.9 395.10 395.11 395.12 395.13 395.14 395.15 395.16 395.17 395.18 395.19 395.20 395.21 395.22 395.23 395.24 395.25 395.26 395.27 395.28 395.29 395.30 395.31 396.1 396.2 396.3 396.4 396.5 396.6 396.7 396.8 396.9 396.10 396.11 396.12 396.13 396.14 396.15 396.16 396.17 396.18 396.19 396.20 396.21 396.22 396.23 396.24 396.25 396.26 396.27 396.28 396.29 396.30
397.1 397.2 397.3 397.4 397.5 397.6 397.7 397.8 397.9 397.10 397.11 397.12 397.13 397.14 397.15 397.16 397.17 397.18 397.19
397.20 397.21 397.22 397.23 397.24 397.25 397.26 397.27 397.28 397.29 397.30 397.31 397.32 397.33 398.1 398.2 398.3 398.4 398.5 398.6 398.7 398.8
398.9 398.10 398.11 398.12 398.13 398.14 398.15
398.16 398.17 398.18 398.19 398.20 398.21 398.22 398.23 398.24 398.25 398.26 398.27 398.28 398.29 398.30 398.31 398.32 399.1 399.2 399.3 399.4 399.5 399.6 399.7 399.8
399.9 399.10 399.11 399.12 399.13 399.14 399.15 399.16 399.17 399.18 399.19 399.20 399.21 399.22 399.23 399.24 399.25 399.26 399.27 399.28 399.29 399.30 399.31 400.1 400.2 400.3 400.4 400.5 400.6 400.7 400.8 400.9 400.10 400.11 400.12 400.13 400.14 400.15 400.16 400.17 400.18 400.19 400.20 400.21 400.22 400.23 400.24 400.25 400.26 400.27 400.28 400.29 400.30 400.31 401.1 401.2 401.3 401.4 401.5 401.6 401.7 401.8 401.9 401.10 401.11 401.12 401.13 401.14 401.15 401.16 401.17 401.18 401.19 401.20 401.21 401.22 401.23 401.24 401.25 401.26 401.27 401.28 401.29 402.1 402.2 402.3 402.4 402.5 402.6 402.7 402.8 402.9 402.10 402.11 402.12 402.13 402.14 402.15 402.16 402.17 402.18 402.19 402.20 402.21 402.22 402.23 402.24 402.25 402.26 402.27 402.28 402.29 402.30 402.31 402.32 403.1 403.2 403.3 403.4 403.5 403.6 403.7
403.8 403.9 403.10 403.11 403.12 403.13 403.14 403.15
403.16 403.17 403.18 403.19 403.20 403.21 403.22 403.23 403.24 403.25 403.26 403.27 403.28 403.29
404.1 404.2 404.3 404.4 404.5
404.6 404.7 404.8 404.9 404.10 404.11 404.12 404.13 404.14 404.15 404.16 404.17 404.18 404.19 404.20 404.21 404.22 404.23
404.24 404.25 404.26 404.27 404.28 404.29 404.30 404.31
405.1 405.2 405.3 405.4 405.5 405.6 405.7 405.8 405.9 405.10 405.11
405.12 405.13 405.14 405.15 405.16 405.17
405.18 405.19 405.20 405.21 405.22 405.23 405.24 405.25 405.26 405.27 405.28 405.29 405.30 405.31 405.32 406.1 406.2 406.3 406.4 406.5 406.6 406.7 406.8 406.9 406.10
406.11 406.12 406.13
406.14 406.15 406.16 406.17 406.18 406.19 406.20 406.21 406.22 406.23 406.24 406.25 406.26 406.27 406.28 406.29 406.30 406.31 406.32 407.1 407.2 407.3 407.4 407.5 407.6 407.7 407.8 407.9 407.10 407.11 407.12 407.13
407.14 407.15 407.16 407.17 407.18 407.19 407.20 407.21 407.22 407.23 407.24 407.25 407.26 407.27 407.28 407.29 407.30 407.31 407.32 407.33 407.34 408.1 408.2 408.3 408.4 408.5 408.6 408.7 408.8 408.9 408.10
408.11 408.12 408.13 408.14 408.15 408.16 408.17 408.18 408.19 408.20 408.21 408.22 408.23 408.24 408.25 408.26 408.27 408.28 408.29 408.30 408.31 408.32 408.33 409.1 409.2
409.3 409.4 409.5 409.6 409.7 409.8 409.9 409.10 409.11 409.12 409.13 409.14 409.15 409.16 409.17 409.18 409.19 409.20 409.21 409.22 409.23 409.24 409.25 409.26 409.27 409.28 409.29 409.30
409.31 409.32 410.1 410.2 410.3 410.4 410.5 410.6 410.7 410.8 410.9 410.10 410.11 410.12 410.13 410.14 410.15 410.16 410.17 410.18 410.19 410.20 410.21 410.22 410.23
410.24 410.25 410.26 410.27 410.28 410.29 410.30
411.1 411.2 411.3 411.4 411.5 411.6 411.7 411.8 411.9 411.10
411.11 411.12 411.13 411.14 411.15 411.16 411.17 411.18 411.19 411.20 411.21 411.22 411.23 411.24 411.25 411.26 411.27 411.28 411.29 411.30 411.31
412.1 412.2 412.3 412.4 412.5 412.6 412.7 412.8 412.9 412.10 412.11 412.12 412.13 412.14 412.15 412.16 412.17
412.18 412.19 412.20 412.21 412.22 412.23 412.24 412.25 412.26 412.27 412.28 412.29 412.30 412.31 412.32 412.33 413.1 413.2 413.3 413.4 413.5 413.6 413.7 413.8 413.9 413.10 413.11 413.12 413.13 413.14 413.15 413.16 413.17 413.18 413.19 413.20 413.21 413.22 413.23 413.24 413.25 413.26 413.27 413.28 413.29 413.30 413.31 413.32 413.33 414.1 414.2 414.3 414.4 414.5 414.6 414.7 414.8 414.9 414.10 414.11 414.12 414.13 414.14 414.15 414.16 414.17 414.18 414.19
414.20
414.21 414.22 414.23 414.24 414.25 414.26 414.27 414.28 414.29 414.30 414.31 414.32 414.33 415.1 415.2 415.3 415.4 415.5 415.6 415.7 415.8 415.9 415.10 415.11 415.12 415.13 415.14 415.15 415.16 415.17 415.18 415.19 415.20 415.21
415.22 415.23 415.24 415.25 415.26 415.27 415.28 415.29 415.30 415.31 415.32 416.1 416.2 416.3 416.4 416.5 416.6 416.7 416.8 416.9 416.10 416.11
416.12 416.13 416.14 416.15 416.16 416.17 416.18
416.19 416.20 416.21 416.22 416.23 416.24 416.25 416.26 416.27 416.28 416.29 416.30 416.31 417.1 417.2 417.3 417.4 417.5 417.6 417.7
417.8 417.9 417.10 417.11 417.12 417.13 417.14 417.15 417.16 417.17 417.18 417.19
417.20 417.21
417.22 417.23 417.24 417.25 417.26 417.27
418.1 418.2 418.3 418.4 418.5 418.6 418.7 418.8 418.9 418.10 418.11 418.12 418.13 418.14 418.15 418.16 418.17 418.18 418.19 418.20 418.21 418.22 418.23 418.24 418.25 418.26 418.27 418.28 418.29 418.30 418.31 418.32 419.1 419.2 419.3 419.4 419.5 419.6 419.7 419.8 419.9 419.10 419.11 419.12 419.13 419.14 419.15 419.16 419.17 419.18 419.19 419.20 419.21 419.22 419.23 419.24 419.25 419.26 419.27 419.28 419.29 419.30 419.31 419.32 419.33 419.34 420.1 420.2 420.3 420.4
420.5 420.6 420.7 420.8 420.9
420.10 420.11 420.12 420.13 420.14 420.15 420.16 420.17 420.18 420.19 420.20 420.21 420.22 420.23 420.24 420.25 420.26 420.27 420.28
420.29 420.30 420.31 421.1 421.2
421.3 421.4 421.5 421.6 421.7 421.8
421.9 421.10 421.11 421.12 421.13 421.14
421.15
421.16 421.17 421.18 421.19 421.20 421.21 421.22 421.23 421.24 421.25 421.26 421.27 421.28 421.29 421.30 422.1 422.2 422.3 422.4 422.5 422.6 422.7 422.8 422.9 422.10 422.11 422.12 422.13 422.14
422.15 422.16 422.17 422.18 422.19 422.20 422.21 422.22 422.23 422.24 422.25 422.26 422.27 422.28 422.29 422.30 422.31 422.32 422.33 423.1 423.2 423.3 423.4 423.5 423.6 423.7 423.8 423.9 423.10 423.11 423.12 423.13 423.14 423.15 423.16 423.17 423.18 423.19 423.20 423.21 423.22 423.23 423.24 423.25 423.26
423.27 423.28 423.29 423.30 423.31 423.32 424.1 424.2 424.3 424.4 424.5 424.6 424.7 424.8 424.9 424.10 424.11 424.12 424.13 424.14 424.15 424.16 424.17 424.18 424.19 424.20 424.21
424.22 424.23 424.24 424.25 424.26 424.27 424.28 424.29 424.30 424.31 424.32 424.33 425.1 425.2 425.3 425.4 425.5 425.6 425.7 425.8 425.9 425.10 425.11 425.12 425.13 425.14 425.15 425.16 425.17 425.18 425.19 425.20 425.21 425.22 425.23 425.24 425.25 425.26 425.27 425.28 425.29 425.30 425.31 425.32 425.33 426.1 426.2 426.3 426.4 426.5 426.6 426.7 426.8 426.9 426.10
426.11 426.12 426.13 426.14 426.15 426.16 426.17
426.18 426.19 426.20 426.21 426.22 426.23 426.24 426.25
426.26 426.27 426.28 426.29 426.30 426.31 426.32 427.1 427.2 427.3 427.4 427.5 427.6 427.7 427.8 427.9 427.10 427.11
427.12 427.13 427.14 427.15 427.16 427.17 427.18 427.19 427.20 427.21 427.22 427.23 427.24 427.25 427.26 427.27 427.28 427.29 427.30 427.31 427.32 428.1 428.2 428.3 428.4 428.5 428.6 428.7 428.8
428.9 428.10 428.11 428.12 428.13 428.14 428.15 428.16 428.17 428.18 428.19 428.20 428.21 428.22 428.23 428.24 428.25 428.26 428.27 428.28 428.29 428.30 428.31 428.32 429.1 429.2 429.3 429.4 429.5 429.6
429.7 429.8 429.9 429.10 429.11 429.12 429.13
429.14 429.15
429.16 429.17 429.18 429.19 429.20 429.21 429.22 429.23 429.24 429.25 429.26 429.27 429.28 429.29 429.30 429.31 429.32 429.33 430.1 430.2 430.3 430.4 430.5 430.6 430.7 430.8
430.9 430.10
430.11 430.12 430.13 430.14 430.15 430.16 430.17 430.18
430.19 430.20
430.21 430.22 430.23 430.24 430.25 430.26 430.27 430.28 430.29 430.30 430.31 431.1 431.2 431.3 431.4 431.5 431.6
431.7
431.8 431.9 431.10 431.11 431.12 431.13 431.14 431.15 431.16 431.17 431.18 431.19 431.20 431.21 431.22 431.23 431.24 431.25 431.26 431.27 431.28 431.29 431.30 431.31 431.32 431.33 432.1 432.2 432.3
432.4 432.5 432.6 432.7 432.8 432.9 432.10
432.11 432.12 432.13 432.14 432.15 432.16 432.17 432.18 432.19 432.20 432.21 432.22 432.23 432.24 432.25 432.26 432.27 432.28 432.29 432.30 432.31 432.32 433.1 433.2 433.3
433.4 433.5 433.6 433.7 433.8 433.9 433.10 433.11 433.12 433.13 433.14 433.15 433.16 433.17 433.18 433.19 433.20 433.21 433.22 433.23 433.24 433.25 433.26 433.27 433.28 433.29
434.1 434.2 434.3 434.4 434.5 434.6 434.7 434.8 434.9 434.10 434.11 434.12 434.13 434.14 434.15 434.16 434.17 434.18 434.19 434.20 434.21 434.22 434.23 434.24 434.25 434.26 434.27 434.28 434.29 434.30 434.31 434.32 434.33 434.34 434.35
435.1
435.2 435.3 435.4 435.5 435.6 435.7 435.8 435.9 435.10 435.11 435.12 435.13 435.14 435.15 435.16 435.17 435.18 435.19 435.20 435.21 435.22 435.23 435.24 435.25
435.26 435.27 435.28
435.29 436.1
436.2 436.3 436.4 436.5 436.6 436.7 436.8 436.9 436.10 436.11 436.12 436.13 436.14 436.15 436.16 436.17 436.18 436.19 436.20 436.21 436.22 436.23 436.24 436.25 436.26 436.27 436.28 436.29 436.30 436.31 436.32 437.1 437.2 437.3 437.4 437.5 437.6
437.7 437.8 437.9 437.10 437.11 437.12 437.13 437.14 437.15 437.16 437.17
437.18 437.19 437.20 437.21 437.22 437.23 437.24 437.25 437.26 437.27 437.28 437.29 437.30 437.31 438.1 438.2 438.3 438.4 438.5 438.6 438.7 438.8
438.9 438.10 438.11 438.12 438.13 438.14
438.15 438.16 438.17 438.18 438.19 438.20 438.21 438.22 438.23 438.24
438.25 438.26 438.27 438.28 438.29 438.30
439.1 439.2 439.3 439.4 439.5 439.6 439.7 439.8 439.9
439.10 439.11 439.12 439.13 439.14 439.15 439.16 439.17 439.18 439.19 439.20 439.21 439.22 439.23 439.24 439.25 439.26 439.27 439.28 439.29 439.30 439.31 440.1 440.2 440.3 440.4 440.5 440.6 440.7 440.8 440.9 440.10 440.11 440.12 440.13 440.14 440.15 440.16 440.17 440.18 440.19 440.20 440.21 440.22 440.23 440.24 440.25 440.26 440.27 440.28 440.29 440.30 440.31 441.1 441.2
441.3 441.4 441.5 441.6 441.7 441.8 441.9 441.10 441.11
441.12 441.13 441.14 441.15 441.16 441.17 441.18 441.19 441.20 441.21 441.22 441.23 441.24
441.25 441.26 441.27 441.28 441.29 441.30 442.1 442.2 442.3 442.4 442.5
442.6 442.7 442.8 442.9 442.10 442.11 442.12 442.13 442.14 442.15
442.16 442.17 442.18 442.19 442.20 442.21 442.22 442.23 442.24 442.25 442.26 442.27 442.28 442.29 442.30 442.31 442.32 443.1 443.2 443.3 443.4 443.5 443.6 443.7 443.8 443.9 443.10 443.11 443.12 443.13 443.14 443.15 443.16 443.17 443.18 443.19 443.20 443.21
443.22 443.23 443.24 443.25 443.26 443.27 443.28 443.29 443.30 443.31 443.32 443.33 444.1 444.2 444.3 444.4 444.5 444.6 444.7 444.8 444.9 444.10 444.11 444.12 444.13 444.14 444.15 444.16 444.17 444.18 444.19 444.20 444.21
444.22 444.23 444.24 444.25
444.26 444.27 444.28 444.29 444.30 444.31 444.32 445.1 445.2 445.3 445.4 445.5 445.6 445.7 445.8 445.9 445.10 445.11 445.12 445.13 445.14 445.15 445.16 445.17 445.18 445.19 445.20
445.21 445.22 445.23 445.24 445.25 445.26 445.27 445.28 445.29 445.30 445.31 445.32 445.33 446.1 446.2 446.3 446.4 446.5 446.6 446.7 446.8 446.9 446.10 446.11 446.12 446.13 446.14 446.15 446.16
446.17 446.18 446.19 446.20 446.21 446.22 446.23 446.24 446.25 446.26 446.27 446.28 446.29 446.30 446.31 446.32 446.33 446.34 447.1 447.2 447.3 447.4 447.5 447.6
447.7 447.8 447.9 447.10 447.11 447.12 447.13 447.14 447.15 447.16 447.17 447.18
447.19 447.20 447.21 447.22 447.23 447.24 447.25 447.26 447.27 447.28 447.29 447.30 447.31 448.1 448.2 448.3 448.4 448.5 448.6 448.7 448.8 448.9 448.10 448.11
448.12 448.13 448.14 448.15 448.16 448.17 448.18 448.19 448.20 448.21 448.22 448.23 448.24 448.25 448.26 448.27 448.28 448.29 448.30 448.31 449.1 449.2 449.3 449.4 449.5 449.6 449.7 449.8 449.9 449.10 449.11 449.12 449.13 449.14 449.15 449.16 449.17
449.18 449.19
449.20 449.21 449.22 449.23 449.24 449.25 449.26 449.27 449.28 449.29 449.30 449.31 449.32 450.1 450.2 450.3 450.4
450.5 450.6 450.7 450.8 450.9 450.10 450.11 450.12 450.13 450.14 450.15 450.16
450.17 450.18 450.19 450.20 450.21 450.22
450.23 450.24 450.25 450.26 450.27 450.28
450.29 450.30 450.31 451.1 451.2 451.3 451.4
451.5 451.6 451.7 451.8 451.9 451.10 451.11 451.12 451.13 451.14 451.15 451.16 451.17 451.18 451.19 451.20 451.21 451.22 451.23 451.24
451.25 451.26 451.27 451.28 451.29 451.30
452.1 452.2 452.3 452.4 452.5 452.6 452.7 452.8 452.9 452.10 452.11 452.12 452.13
452.14 452.15 452.16 452.17 452.18 452.19 452.20 452.21 452.22 452.23 452.24 452.25 452.26 452.27 452.28 452.29 452.30
453.1 453.2 453.3
453.4 453.5 453.6 453.7 453.8 453.9 453.10 453.11 453.12 453.13 453.14 453.15 453.16 453.17 453.18 453.19 453.20 453.21 453.22 453.23 453.24 453.25 453.26 453.27 453.28 453.29 453.30 453.31 453.32 453.33 454.1 454.2 454.3 454.4
454.5 454.6 454.7 454.8 454.9 454.10 454.11 454.12
454.13 454.14 454.15 454.16
454.17 454.18 454.19 454.20 454.21 454.22 454.23 454.24 454.25 454.26 454.27 454.28 454.29 454.30 455.1 455.2 455.3 455.4 455.5 455.6 455.7 455.8 455.9 455.10 455.11 455.12 455.13 455.14 455.15 455.16 455.17 455.18 455.19 455.20 455.21 455.22 455.23 455.24 455.25 455.26 455.27 455.28 455.29 455.30 455.31 455.32 456.1 456.2 456.3 456.4 456.5 456.6 456.7 456.8 456.9 456.10 456.11 456.12 456.13 456.14 456.15 456.16 456.17 456.18 456.19 456.20 456.21 456.22 456.23 456.24 456.25 456.26
456.27 456.28 456.29 456.30 456.31 457.1 457.2 457.3 457.4 457.5 457.6 457.7 457.8 457.9 457.10 457.11 457.12 457.13 457.14 457.15
457.16 457.17 457.18 457.19 457.20 457.21
457.22 457.23 457.24 457.25 457.26 457.27 457.28 457.29 457.30 457.31 457.32 458.1 458.2 458.3
458.4 458.5 458.6 458.7 458.8 458.9 458.10 458.11 458.12 458.13 458.14 458.15 458.16 458.17 458.18 458.19 458.20 458.21 458.22 458.23 458.24 458.25 458.26 458.27 458.28 458.29 458.30 458.31 459.1 459.2 459.3 459.4 459.5 459.6 459.7 459.8 459.9 459.10 459.11 459.12 459.13 459.14
459.15
459.16 459.17 459.18 459.19 459.20 459.21 459.22 459.23
459.24
459.25 459.26 459.27 459.28 459.29 459.30
460.1 460.2
460.3 460.4 460.5 460.6 460.7 460.8 460.9 460.10 460.11 460.12 460.13 460.14 460.15 460.16
460.17 460.18 460.19 460.20 460.21 460.22 460.23 460.24 460.25 460.26 460.27 460.28 460.29 460.30 460.31 460.32 461.1 461.2 461.3 461.4 461.5 461.6 461.7 461.8 461.9 461.10 461.11 461.12 461.13 461.14 461.15 461.16 461.17 461.18 461.19 461.20 461.21 461.22 461.23 461.24 461.25 461.26 461.27 461.28 461.29 461.30 461.31 461.32 462.1 462.2 462.3 462.4 462.5 462.6 462.7 462.8 462.9 462.10 462.11 462.12 462.13 462.14 462.15 462.16 462.17 462.18 462.19 462.20 462.21 462.22 462.23 462.24 462.25 462.26 462.27 462.28 462.29 462.30 462.31 463.1 463.2 463.3 463.4 463.5 463.6 463.7 463.8 463.9 463.10 463.11 463.12 463.13 463.14 463.15 463.16 463.17 463.18 463.19 463.20 463.21 463.22 463.23 463.24 463.25 463.26 463.27 463.28 463.29 463.30 463.31 463.32 464.1 464.2 464.3 464.4 464.5 464.6 464.7 464.8 464.9 464.10 464.11 464.12 464.13 464.14 464.15 464.16 464.17 464.18 464.19 464.20 464.21 464.22 464.23 464.24 464.25 464.26 464.27 464.28 464.29 465.1
465.2 465.3 465.4 465.5 465.6 465.7 465.8 465.9 465.10 465.11 465.12 465.13 465.14 465.15 465.16 465.17 465.18 465.19 465.20 465.21 465.22 465.23 465.24 465.25 465.26 465.27 465.28 465.29 465.30 466.1 466.2 466.3 466.4 466.5 466.6
466.7 466.8 466.9 466.10 466.11 466.12 466.13 466.14 466.15
466.16 466.17 466.18 466.19 466.20 466.21 466.22 466.23 466.24 466.25 466.26 466.27 466.28 466.29 466.30
467.1 467.2 467.3 467.4 467.5 467.6 467.7 467.8 467.9 467.10 467.11 467.12 467.13 467.14 467.15 467.16 467.17 467.18 467.19 467.20 467.21 467.22 467.23 467.24 467.25 467.26 467.27 467.28 467.29 467.30 467.31 467.32
468.1 468.2 468.3 468.4 468.5 468.6 468.7 468.8 468.9 468.10 468.11
468.12 468.13 468.14 468.15 468.16 468.17 468.18 468.19 468.20
468.21 468.22 468.23 468.24 468.25 468.26 468.27 468.28 468.29 468.30 468.31 468.32 469.1 469.2 469.3 469.4 469.5 469.6 469.7 469.8 469.9 469.10
469.11
469.12 469.13 469.14 469.15
469.16 469.17 469.18 469.19 469.20 469.21 469.22 469.23 469.24 469.25 469.26 469.27 469.28 469.29 469.30 470.1 470.2 470.3 470.4 470.5 470.6 470.7
470.8 470.9 470.10 470.11 470.12 470.13 470.14 470.15 470.16 470.17 470.18 470.19 470.20 470.21 470.22 470.23 470.24 470.25 470.26 470.27 470.28 470.29 470.30 470.31 470.32 471.1 471.2 471.3 471.4 471.5 471.6 471.7 471.8 471.9 471.10
471.11 471.12 471.13 471.14 471.15 471.16 471.17 471.18 471.19 471.20 471.21 471.22 471.23 471.24 471.25 471.26 471.27 471.28 471.29 471.30 472.1
472.2 472.3 472.4 472.5 472.6 472.7 472.8 472.9 472.10 472.11 472.12 472.13
472.14 472.15 472.16 472.17 472.18
472.19 472.20 472.21 472.22
472.23 472.24 472.25 472.26 472.27 472.28 472.29
473.1 473.2 473.3 473.4 473.5 473.6 473.7
473.8 473.9 473.10 473.11 473.12 473.13 473.14 473.15 473.16 473.17 473.18
473.19
473.20 473.21 473.22 473.23 473.24 473.25 473.26
473.27 473.28 473.29 474.1 474.2 474.3 474.4 474.5 474.6 474.7 474.8 474.9 474.10 474.11 474.12 474.13 474.14 474.15 474.16 474.17 474.18 474.19 474.20 474.21 474.22 474.23 474.24 474.25 474.26 474.27 474.28 474.29 474.30 475.1 475.2 475.3 475.4 475.5 475.6 475.7 475.8 475.9 475.10 475.11 475.12 475.13 475.14 475.15 475.16 475.17 475.18 475.19 475.20 475.21 475.22 475.23 475.24 475.25 475.26 475.27
475.28 475.29 475.30
475.31 475.32 475.33 476.1
476.2 476.3 476.4 476.5 476.6 476.7 476.8 476.9 476.10 476.11 476.12 476.13 476.14 476.15
476.16 476.17 476.18 476.19 476.20 476.21 476.22 476.23 476.24 476.25 476.26 476.27 476.28 476.29 476.30 476.31 476.32 476.33 477.1 477.2 477.3 477.4 477.5 477.6 477.7 477.8 477.9 477.10 477.11 477.12 477.13 477.14 477.15 477.16 477.17
477.18 477.19 477.20 477.21 477.22 477.23 477.24 477.25 477.26 477.27 477.28 477.29 477.30 477.31 477.32 478.1 478.2 478.3 478.4 478.5 478.6 478.7 478.8 478.9 478.10 478.11 478.12 478.13 478.14 478.15 478.16 478.17 478.18 478.19 478.20 478.21 478.22 478.23 478.24 478.25 478.26 478.27 478.28 478.29 478.30 478.31 478.32 479.1 479.2 479.3 479.4 479.5 479.6 479.7 479.8 479.9 479.10 479.11 479.12 479.13 479.14 479.15 479.16 479.17 479.18 479.19 479.20 479.21 479.22 479.23 479.24 479.25 479.26 479.27 479.28 479.29 479.30 479.31 479.32 480.1 480.2 480.3 480.4 480.5 480.6 480.7 480.8 480.9 480.10 480.11 480.12 480.13 480.14 480.15 480.16 480.17 480.18 480.19 480.20 480.21 480.22 480.23 480.24 480.25 480.26 480.27 480.28 480.29 480.30 480.31 480.32 481.1 481.2 481.3
481.4 481.5 481.6 481.7 481.8 481.9 481.10 481.11 481.12 481.13 481.14 481.15 481.16 481.17 481.18 481.19 481.20 481.21 481.22 481.23 481.24 481.25 481.26 481.27 481.28 481.29 481.30 481.31 482.1 482.2 482.3 482.4 482.5 482.6
482.7 482.8 482.9 482.10 482.11 482.12 482.13 482.14 482.15 482.16 482.17 482.18 482.19 482.20 482.21 482.22 482.23 482.24 482.25 482.26 482.27 482.28 482.29 482.30 482.31 482.32 483.1 483.2
483.3 483.4 483.5 483.6 483.7 483.8 483.9 483.10 483.11 483.12 483.13 483.14 483.15 483.16 483.17 483.18 483.19 483.20 483.21 483.22 483.23 483.24 483.25 483.26
483.27 483.28 483.29 483.30 483.31
484.1 484.2 484.3 484.4 484.5 484.6 484.7 484.8 484.9 484.10 484.11
484.12 484.13 484.14 484.15 484.16 484.17 484.18 484.19 484.20
484.21 484.22 484.23
484.24 484.25 484.26 484.27 484.28 484.29 484.30 485.1 485.2 485.3 485.4
485.5 485.6 485.7 485.8 485.9 485.10 485.11 485.12 485.13
485.14 485.15
485.16 485.17 485.18 485.19
485.20 485.21 485.22 485.23 485.24 485.25 485.26
485.27 485.28 485.29 486.1 486.2 486.3 486.4 486.5 486.6 486.7 486.8 486.9 486.10 486.11 486.12 486.13 486.14
486.15 486.16 486.17 486.18 486.19 486.20
486.21 486.22
486.23 486.24
486.25 486.26 486.27 486.28 486.29 486.30 487.1 487.2 487.3 487.4 487.5 487.6 487.7 487.8 487.9 487.10 487.11 487.12 487.13 487.14 487.15 487.16
487.17 487.18 487.19 487.20 487.21 487.22 487.23 487.24 487.25 487.26 487.27 487.28 487.29 487.30 487.31 487.32 487.33 487.34 487.35 488.1 488.2 488.3 488.4 488.5 488.6 488.7 488.8 488.9 488.10 488.11 488.12 488.13 488.14 488.15 488.16 488.17 488.18 488.19 488.20 488.21 488.22 488.23 488.24 488.25 488.26 488.27
488.28 488.29 488.30 488.31 488.32 488.33 488.34 488.35 489.1 489.2 489.3 489.4 489.5 489.6 489.7 489.8 489.9 489.10 489.11 489.12 489.13 489.14 489.15 489.16 489.17 489.18 489.19 489.20 489.21 489.22 489.23 489.24 489.25 489.26 489.27 489.28 489.29 489.30 489.31 490.1 490.2 490.3 490.4 490.5 490.6 490.7 490.8 490.9 490.10 490.11 490.12 490.13 490.14 490.15 490.16 490.17 490.18 490.19 490.20 490.21 490.22 490.23 490.24 490.25 490.26 490.27 490.28 490.29 490.30 490.31 491.1 491.2 491.3 491.4 491.5 491.6 491.7
491.8 491.9 491.10 491.11 491.12 491.13 491.14 491.15 491.16 491.17 491.18 491.19 491.20 491.21 491.22 491.23 491.24 491.25 491.26 491.27 491.28 491.29 491.30 491.31 492.1 492.2 492.3 492.4 492.5
492.6 492.7 492.8 492.9 492.10 492.11 492.12 492.13 492.14 492.15 492.16 492.17 492.18 492.19 492.20 492.21 492.22 492.23 492.24 492.25 492.26 492.27 492.28 492.29 492.30 492.31 492.32 492.33 492.34 492.35 493.1 493.2 493.3 493.4 493.5 493.6 493.7 493.8 493.9 493.10 493.11 493.12 493.13 493.14 493.15 493.16 493.17 493.18 493.19 493.20 493.21 493.22 493.23 493.24
493.25 493.26 493.27 493.28 493.29 493.30 493.31 493.32 493.33 494.1 494.2 494.3 494.4 494.5 494.6 494.7 494.8 494.9 494.10 494.11 494.12 494.13 494.14 494.15 494.16 494.17 494.18 494.19 494.20 494.21 494.22 494.23 494.24 494.25 494.26 494.27 494.28 494.29 494.30 494.31 494.32 494.33 494.34 495.1 495.2 495.3 495.4 495.5 495.6 495.7 495.8 495.9 495.10
495.11 495.12 495.13 495.14 495.15 495.16 495.17 495.18 495.19 495.20 495.21 495.22 495.23 495.24 495.25 495.26 495.27 495.28 495.29 495.30 495.31 495.32 495.33 495.34 495.35 496.1 496.2 496.3 496.4 496.5 496.6 496.7 496.8 496.9 496.10 496.11 496.12 496.13 496.14 496.15 496.16 496.17 496.18 496.19 496.20 496.21 496.22 496.23 496.24 496.25 496.26 496.27 496.28 496.29 496.30 496.31 496.32 496.33 496.34 497.1 497.2 497.3 497.4 497.5 497.6 497.7 497.8 497.9 497.10 497.11 497.12 497.13 497.14 497.15 497.16 497.17 497.18 497.19 497.20 497.21 497.22 497.23 497.24 497.25 497.26 497.27 497.28 497.29 497.30 497.31 497.32 497.33 497.34 498.1 498.2 498.3 498.4 498.5 498.6 498.7 498.8 498.9 498.10 498.11 498.12 498.13 498.14 498.15 498.16 498.17 498.18 498.19 498.20 498.21 498.22 498.23 498.24 498.25 498.26 498.27 498.28 498.29 498.30
499.1 499.2 499.3 499.4 499.5 499.6 499.7 499.8 499.9 499.10 499.11 499.12 499.13 499.14 499.15 499.16 499.17 499.18 499.19 499.20 499.21 499.22 499.23 499.24 499.25 499.26 499.27 499.28 499.29 499.30 499.31 499.32 499.33 499.34 499.35 499.36 500.1 500.2 500.3 500.4 500.5 500.6 500.7 500.8 500.9 500.10
500.11 500.12 500.13 500.14 500.15 500.16 500.17 500.18 500.19 500.20 500.21 500.22 500.23 500.24 500.25 500.26 500.27 500.28 500.29 500.30 500.31 500.32
501.1 501.2 501.3 501.4 501.5 501.6 501.7 501.8 501.9 501.10 501.11 501.12 501.13 501.14 501.15 501.16 501.17 501.18
501.19 501.20 501.21 501.22 501.23 501.24 501.25 501.26 501.27 501.28 501.29 501.30 501.31 501.32 501.33 501.34 502.1 502.2 502.3 502.4 502.5 502.6 502.7 502.8 502.9 502.10 502.11 502.12 502.13 502.14 502.15 502.16 502.17 502.18 502.19 502.20 502.21 502.22 502.23 502.24 502.25 502.26 502.27 502.28 502.29 502.30 502.31 502.32 503.1 503.2
503.3 503.4 503.5 503.6 503.7 503.8 503.9 503.10 503.11 503.12 503.13 503.14 503.15 503.16 503.17 503.18 503.19 503.20 503.21 503.22 503.23 503.24 503.25 503.26 503.27 503.28 503.29 503.30
504.1 504.2 504.3 504.4 504.5 504.6 504.7 504.8 504.9 504.10 504.11 504.12 504.13 504.14 504.15 504.16 504.17 504.18 504.19 504.20 504.21 504.22 504.23 504.24 504.25 504.26 504.27 504.28 504.29 504.30 505.1 505.2 505.3 505.4 505.5 505.6 505.7 505.8 505.9 505.10 505.11 505.12
505.13 505.14 505.15 505.16 505.17 505.18 505.19 505.20 505.21 505.22 505.23 505.24 505.25 505.26 505.27 505.28 505.29 505.30 505.31 506.1 506.2 506.3
506.4 506.5 506.6 506.7 506.8 506.9 506.10 506.11 506.12 506.13 506.14 506.15 506.16
506.17 506.18 506.19 506.20 506.21 506.22 506.23 506.24 506.25 506.26 506.27 506.28 506.29 506.30 506.31 507.1 507.2 507.3 507.4
507.5 507.6 507.7 507.8 507.9 507.10 507.11 507.12 507.13 507.14 507.15 507.16 507.17 507.18 507.19 507.20 507.21
507.22 507.23 507.24 507.25 507.26 507.27 507.28 507.29 507.30 507.31 507.32 508.1 508.2 508.3 508.4 508.5 508.6 508.7 508.8 508.9 508.10 508.11 508.12 508.13 508.14 508.15 508.16 508.17 508.18 508.19 508.20 508.21 508.22 508.23 508.24 508.25 508.26 508.27 508.28 508.29 508.30 508.31 508.32
509.1 509.2 509.3 509.4 509.5 509.6 509.7 509.8 509.9 509.10 509.11 509.12 509.13
509.14 509.15 509.16 509.17 509.18 509.19 509.20 509.21
509.22 509.23 509.24 509.25 509.26 509.27 509.28 509.29 509.30 510.1 510.2 510.3 510.4 510.5 510.6 510.7 510.8 510.9 510.10 510.11 510.12 510.13 510.14 510.15 510.16 510.17 510.18 510.19 510.20 510.21 510.22 510.23 510.24 510.25 510.26 510.27 510.28 510.29 510.30 510.31 511.1 511.2 511.3 511.4 511.5 511.6 511.7 511.8 511.9
511.10 511.11 511.12 511.13 511.14 511.15 511.16 511.17 511.18 511.19 511.20 511.21 511.22 511.23 511.24 511.25
511.26 511.27 511.28 511.29 511.30 511.31 511.32 512.1 512.2 512.3 512.4 512.5 512.6 512.7 512.8 512.9 512.10 512.11 512.12 512.13 512.14 512.15 512.16 512.17 512.18 512.19 512.20 512.21 512.22 512.23 512.24 512.25 512.26 512.27 512.28 512.29 512.30 512.31 512.32 512.33 513.1 513.2
513.3 513.4 513.5 513.6 513.7 513.8 513.9 513.10 513.11 513.12 513.13 513.14 513.15 513.16 513.17 513.18 513.19 513.20 513.21 513.22 513.23 513.24 513.25 513.26 513.27 513.28 513.29 513.30 513.31 513.32 513.33 514.1 514.2 514.3
514.4 514.5 514.6 514.7 514.8 514.9 514.10 514.11 514.12 514.13 514.14 514.15 514.16 514.17 514.18 514.19 514.20 514.21 514.22 514.23 514.24 514.25 514.26 514.27 514.28 514.29 514.30 514.31 514.32 515.1 515.2
515.3 515.4 515.5 515.6 515.7 515.8 515.9 515.10 515.11 515.12 515.13 515.14 515.15 515.16 515.17 515.18 515.19 515.20 515.21 515.22 515.23 515.24 515.25 515.26 515.27 515.28 515.29 515.30 515.31 515.32 516.1 516.2 516.3 516.4 516.5 516.6 516.7 516.8 516.9 516.10 516.11 516.12 516.13 516.14
516.15 516.16 516.17 516.18 516.19 516.20 516.21 516.22 516.23 516.24 516.25 516.26 516.27 516.28
517.1 517.2 517.3 517.4 517.5 517.6 517.7
517.8 517.9 517.10 517.11 517.12 517.13 517.14 517.15 517.16 517.17 517.18 517.19 517.20 517.21 517.22 517.23 517.24 517.25 517.26 517.27 517.28 517.29 517.30 517.31 517.32 517.33 517.34 518.1 518.2 518.3 518.4
518.5 518.6 518.7 518.8 518.9 518.10 518.11 518.12
518.13 518.14 518.15 518.16 518.17 518.18 518.19 518.20 518.21 518.22 518.23 518.24 518.25 518.26 518.27 518.28 518.29 518.30 518.31 518.32 518.33 518.34 519.1 519.2
519.3 519.4 519.5 519.6 519.7 519.8 519.9 519.10 519.11 519.12 519.13 519.14 519.15 519.16 519.17 519.18 519.19 519.20 519.21
519.22 519.23 519.24 519.25 519.26 519.27 519.28 519.29 519.30 519.31 519.32 520.1 520.2
520.3 520.4
A bill for an act
relating to state government; providing law for judiciary, public safety, crime,
sentencing, evidence, courts, law enforcement, firearms, controlled substances,
corrections, clemency, expungement, rehabilitation and reinvestment, civil law,
community supervision, supervised release, and human rights; providing for
rulemaking; providing for reports; providing for criminal and civil penalties;
appropriating money for judiciary, Guardian ad Litem Board, Uniform Laws
Commission, Board on Judicial Standards, human rights, sentencing guidelines,
public safety, fire marshal, Office of Justice programs, emergency communication,
Peace Officer Standards and Training Board, Private Detective Board, corrections,
Ombudsperson for Corrections, Board of Public Defense, juvenile justice, and law
enforcement education and training; amending Minnesota Statutes 2022, sections
13.072, subdivision 1; 13.32, subdivisions 3, 5; 13.643, subdivision 6; 13.72,
subdivision 19, by adding a subdivision; 13.825, subdivisions 2, 3; 13.871,
subdivisions 8, 14; 13A.02, subdivisions 1, 2; 15.0597, subdivisions 1, 4, 5, 6;
51A.14; 82B.195, subdivision 3; 121A.28; 144.6586, subdivision 2; 145.4712;
145A.061, subdivision 3; 146A.08, subdivision 1; 151.01, by adding a subdivision;
151.40, subdivisions 1, 2; 152.01, subdivisions 12a, 18, by adding a subdivision;
152.02, subdivisions 2, 3, 5, 6; 152.021, subdivisions 1, 2; 152.022, subdivisions
1, 2; 152.023, subdivision 2; 152.025, subdivision 2; 152.093; 152.18, subdivision
1; 152.205; 168B.07, subdivision 3, by adding subdivisions; 169A.276, subdivision
1; 169A.40, subdivision 3; 169A.41, subdivisions 1, 2; 169A.44; 169A.60,
subdivision 2; 169A.63, subdivision 8; 171.306, by adding a subdivision; 181.981,
subdivision 1; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021, subdivisions
1d, 2a, 2b, by adding a subdivision; 241.025, subdivisions 1, 2, 3; 241.90; 242.18;
243.05, subdivision 1; 243.1606; 243.166, subdivision 1b; 243.58; 244.03; 244.05,
subdivisions 1b, 3, 4, 5, 6, 8, by adding subdivisions; 244.0513, subdivisions 2,
4; 244.09, subdivisions 2, 3, by adding a subdivision; 244.101, subdivision 1;
244.17, subdivision 3; 244.171, subdivision 4; 244.172, subdivision 1; 244.18;
244.19; 244.195; 244.197; 244.198; 244.199; 244.1995; 244.20; 244.21; 244.24;
245C.08, subdivisions 1, 2; 245C.15, subdivisions 1, 2, 4a; 245C.24, subdivision
3; 245I.12, subdivision 1; 253B.02, subdivision 4e; 253D.02, subdivision 8;
256I.04, subdivision 2g; 259.11; 259.13, subdivisions 1, 5; 260.515; 260B.171,
subdivision 3; 260B.176, by adding a subdivision; 297I.06, subdivision 1;
299A.296; 299A.38; 299A.41, subdivisions 3, 4, by adding a subdivision; 299A.48;
299A.49; 299A.50; 299A.51; 299A.52; 299A.642, subdivision 15; 299A.73, by
adding a subdivision; 299A.783, subdivision 1; 299A.85, subdivision 6; 299C.063;
299C.10, subdivision 1; 299C.105, subdivision 1; 299C.106, subdivision 3;
299C.11, subdivisions 1, 3; 299C.111; 299C.17; 299C.46, subdivision 1; 299C.53,
subdivision 3; 299C.65, subdivisions 1a, 3a; 299C.67, subdivision 2; 299F.362;
299F.46, subdivision 1; 299F.50, by adding subdivisions; 299F.51, subdivisions
1, 2, 5, by adding a subdivision; 325F.70, by adding a subdivision; 325F.992,
subdivision 3; 326.32, subdivision 10; 326.3311; 326.336, subdivision 2; 326.3361,
subdivision 2; 326.3381, subdivision 3; 326.3387, subdivision 1; 336.9-601; 351.01,
subdivision 2; 357.021, subdivision 2; 363A.02, subdivision 1; 363A.03,
subdivisions 23, 44, by adding a subdivision; 363A.04; 363A.06, subdivision 1;
363A.07, subdivision 2; 363A.08, subdivisions 1, 2, 3, 4, by adding a subdivision;
363A.09, subdivisions 1, 2, 3, 4; 363A.11, subdivisions 1, 2; 363A.12, subdivision
1; 363A.13, subdivisions 1, 2, 3, 4; 363A.15; 363A.16, subdivision 1; 363A.17;
363A.21, subdivision 1; 364.021; 364.06, subdivision 1; 401.01; 401.02; 401.025;
401.03; 401.04; 401.05, subdivision 1; 401.06; 401.08; 401.09; 401.10; 401.11;
401.12; 401.14; 401.15; 401.16; 473.387, subdivision 4; 484.014, subdivisions 2,
3; 484.85; 504B.135; 504B.161, subdivision 1; 504B.171, by adding a subdivision;
504B.172; 504B.178, subdivision 4; 504B.211, subdivisions 2, 6; 504B.285,
subdivision 5; 504B.291, subdivision 1; 504B.301; 504B.321; 504B.331; 504B.335;
504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1;
504B.371, subdivisions 3, 4, 5, 7; 504B.375, subdivision 1; 504B.381, subdivisions
1, 5, by adding a subdivision; 507.07; 508.52; 517.04; 517.08, subdivisions 1a,
1b; 518.191, subdivisions 1, 3; 541.023, subdivision 6; 550.365, subdivision 2;
559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039, subdivision
2; 583.25; 583.26, subdivision 2; 600.23; 609.02, subdivisions 2, 16; 609.03;
609.05, by adding a subdivision; 609.066, subdivision 2; 609.102; 609.105,
subdivisions 1, 3; 609.1055; 609.106, subdivision 2, by adding a subdivision;
609.1095, subdivision 1; 609.11, subdivision 9; 609.135, subdivisions 1a, 1c, 2;
609.14, subdivision 1, by adding a subdivision; 609.185; 609.2231, subdivision
4; 609.2233; 609.25, subdivision 2; 609.2661; 609.269; 609.341, subdivision 22;
609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.526, subdivision
2; 609.527, subdivision 1, by adding a subdivision; 609.531, subdivision 1;
609.5314, subdivision 3; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a, 2;
609.631, subdivision 4; 609.632, subdivision 4; 609.67, subdivisions 1, 2; 609.746,
subdivision 1; 609.749, subdivision 3; 609.78, subdivision 2a; 609.821, subdivision
3; 609.87, by adding a subdivision; 609.89; 609A.01; 609A.02, subdivision 3;
609A.03, subdivisions 5, 7a, 9; 609B.161; 611.215, subdivision 1; 611.23; 611.58,
as amended; 611A.03, subdivision 1; 611A.031; 611A.033; 611A.036, subdivision
7; 611A.039, subdivision 1; 611A.08, subdivision 6; 611A.211, subdivision 1;
611A.31, subdivisions 2, 3, by adding a subdivision; 611A.32; 611A.51; 611A.52,
subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions
5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c;
617.22; 617.26; 624.712, subdivision 5; 624.713, subdivision 1; 624.7131;
624.7132; 626.14, subdivisions 2, 3, by adding a subdivision; 626.15; 626.21;
626.5531, subdivision 1; 626.843, by adding a subdivision; 626.8432, subdivision
1; 626.8451, subdivision 1; 626.8452, by adding subdivisions; 626.8457, by adding
subdivisions; 626.8469, subdivision 1; 626.8473, subdivision 3; 626.87,
subdivisions 2, 3, 5, by adding a subdivision; 626.89, subdivision 17; 626.90,
subdivision 2; 626.91, subdivisions 2, 4; 626.92, subdivisions 2, 3; 626.93,
subdivisions 3, 4; 626A.05, subdivision 2; 626A.35, by adding a subdivision;
628.26; 629.292, subdivision 2; 629.341, subdivisions 3, 4; 629.361; 629.72,
subdivision 6; 638.01; 641.15, subdivision 2; 641.155; Laws 1961, chapter 108,
section 1, as amended; Laws 2021, First Special Session chapter 11, article 1,
section 15, subdivision 3; Laws 2022, chapter 99, article 1, section 50; article 3,
section 1, as amended; proposing coding for new law in Minnesota Statutes,
chapters 13; 145; 241; 243; 244; 259; 260C; 299A; 299C; 401; 484; 504B; 573;
609; 609A; 624; 626; 638; 641; repealing Minnesota Statutes 2022, sections
152.092; 241.272; 244.14; 244.15; 244.196; 244.22; 244.32; 299C.80, subdivision
7; 346.02; 363A.20, subdivision 3; 363A.27; 401.07; 504B.305; 504B.341;
518B.02, subdivision 3; 582.14; 609.293, subdivisions 1, 5; 609.34; 609.36; 617.20;
617.201; 617.202; 617.21; 617.28; 617.29; 626.93, subdivision 7; 638.02; 638.03;
638.04; 638.05; 638.06; 638.07; 638.075; 638.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
JUDICIARY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
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 "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
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
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin SUPREME COURT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
80,141,000 new text end |
new text begin
$ new text end |
new text begin
82,624,000 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
Supreme Court Operations
|
new text begin
46,581,000 new text end |
new text begin
49,064,000 new text end |
||||
new text begin
(a)
new text end
new text begin
Contingent Account
new text end
new text begin
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
new text begin
(b) Justices' Compensation
new text end
new text begin
Justices' compensation is increased by eight
percent in the first year and four percent in the
second year.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
33,560,000 new text end |
new text begin
33,560,000 new text end |
||||
new text begin
The general fund base is $34,167,000
beginning in fiscal year 2026.
new text end
new text begin
Legal Services to Low-Income Clients in
Family Law Matters
new text end
new text begin
$1,017,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.
new text end
Sec. 3. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
14,559,000 new text end |
new text begin
$ new text end |
new text begin
15,259,000 new text end |
||
new text begin
Judges' Compensation
new text end
new text begin
Judges' compensation is increased by eight
percent in the first year and four percent in the
second year.
new text end
Sec. 4. new text begin DISTRICT COURTS
|
new text begin
$ new text end |
new text begin
370,910,000 new text end |
new text begin
$ new text end |
new text begin
381,590,000 new text end |
||
new text begin
(a) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by eight
percent in the first year and four percent in the
second year.
new text end
new text begin
(b) Court Case Backlog
new text end
new text begin
$4,200,000 the first year is to address the court
case backlog.
new text end
new text begin
(c) Mandated Psychological Services
new text end
new text begin
$1,500,000 each year is for mandated
psychological services. This is a onetime
appropriation.
new text end
new text begin
(d) New Treatment Courts
new text end
new text begin
$422,000 each year is to fund four new
treatment courts.
new text end
new text begin
(e) Courtroom Technology Enhancements
new text end
new text begin
$7,400,000 the first year is for courtroom
technology enhancements.
new text end
new text begin
(f) Law Clerk Salary
new text end
new text begin
$2,033,000 each year is to increase district
court law clerks' salaries. Notwithstanding
Minnesota Statutes, section 16A.285, the court
must not transfer this appropriation.
new text end
new text begin
(g) Interpreter Pay
new text end
new text begin
$200,000 each year is to fund the increase in
the hourly fee paid to contract interpreters.
new text end
new text begin
(h) Extreme Risk Protection Orders
new text end
new text begin
$91,000 the first year and $182,000 the second
year are to implement the provisions of article
14.
new text end
Sec. 5. new text begin GUARDIAN AD LITEM BOARD
|
new text begin
$ new text end |
new text begin
24,358,000 new text end |
new text begin
$ new text end |
new text begin
25,620,000 new text end |
||
Sec. 6. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
2,133,000 new text end |
new text begin
$ new text end |
new text begin
2,268,000 new text end |
||
Sec. 7. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
115,000 new text end |
new text begin
$ new text end |
new text begin
115,000 new text end |
||
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
655,000 new text end |
new text begin
$ new text end |
new text begin
645,000 new text end |
||
new text begin
(a) Availability of Appropriation
new text end
new text begin
If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end
new text begin
(b) Major Disciplinary Actions
new text end
new text begin
$125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures through June
30, 2027.
new text end
Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
154,884,000 new text end |
new text begin
$ new text end |
new text begin
164,360,000 new text end |
||
Sec. 10. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
8,048,000 new text end |
new text begin
$ new text end |
new text begin
8,429,000 new text end |
||
new text begin
The general fund base is $8,909,000 beginning
in fiscal year 2026.
new text end
new text begin
(a) Civil Rights Enforcement
new text end
new text begin
$1,500,000 each year is for increased civil
rights enforcement. The base for this
appropriation is $2,000,000 in fiscal year 2026
and thereafter.
new text end
new text begin
(b) Mediator Payments
new text end
new text begin
$20,000 each year is to fund payments to
mediators. This appropriation is onetime and
is available through June 30, 2027.
new text end
new text begin
(c) Report on Civil Rights Trends
new text end
new text begin
$395,000 the first year and $250,000 the
second year are to analyze and report on civil
rights trends in Minnesota.
new text end
Sec. 11. new text begin OFFICE OF APPELLATE COUNSEL
|
new text begin
$ new text end |
new text begin
659,000 new text end |
new text begin
$ new text end |
new text begin
1,560,000 new text end |
||
new text begin
Establishment and Operations
new text end
new text begin
$659,000 the first year and $1,560,000 the
second year are for establishment and
operation of the Statewide Office of Appellate
Counsel and Training as described in
Minnesota Statutes, section 260C.419, and to
provide support for the State Board of
Appellate Counsel and Training.
new text end
Sec. 12. new text begin DEPARTMENT OF HUMAN
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
Child Advocacy Center
new text end
new text begin
$1,500,000 the first year is for a grant to First
Witness Child Advocacy Center for the
acquisition and improvement of properties
located at 1402, 1406, and 1412 East 2nd
Street in the city of Duluth. This appropriation
includes money for demolition of the building
located at 1412 East 2nd Street and
construction of a parking lot, and for
renovation, furnishing, and equipping of the
buildings located at 1402 and 1406 East 2nd
Street as a training center and a child advocacy
center. These funds are available until June
30, 2027.
new text end
Sec. 13.
Minnesota Statutes 2022, section 611.58, as amended by Laws 2023, chapter 14,
section 34, is amended to read:
611.58 COMPETENCY ATTAINMENT CURRICULUM AND CERTIFICATION.
Subdivision 1.
Curriculum.
(a) By deleted text begin Januarydeleted text end new text begin Octobernew text end 1, 2023, the board must recommend
a competency attainment curriculum to educate and assist defendants found incompetent
in attaining the ability to:
(1) rationally consult with counsel;
(2) understand the proceedings; and
(3) participate in the defense.
(b) The curriculum must be flexible enough to be delivered in community and correctional
settings by individuals with various levels of education and qualifications, including but
not limited to professionals in criminal justice, health care, mental health care, and social
services. The board must review and update the curriculum as needed.
Subd. 2.
Certification and distribution.
By deleted text begin Januarydeleted text end new text begin Octobernew text end 1, 2023, the board must
develop a process for certifying individuals to deliver the competency attainment curriculum
and make the curriculum available to every competency attainment program and forensic
navigator in the state. Each competency attainment program in the state must use the
competency attainment curriculum under this section as the foundation for delivering
competency attainment education and must not substantially alter the content.
Sec. 14.
Laws 2022, chapter 99, article 1, section 50, is amended to read:
Sec. 50. EFFECTIVE DATE.
Sections 26 to 37 are effective deleted text begin Julydeleted text end new text begin Aprilnew text end 1, deleted text begin 2023deleted text end new text begin 2024new text end , and apply to competency
determinations initiated on or after that date.
Sec. 15.
Laws 2022, chapter 99, article 3, section 1, as amended by Laws 2023, chapter
14, section 36, is amended to read:
Section 1. APPROPRIATION BASE ESTABLISHED; COMPETENCY
ATTAINMENT.
Subdivision 1.
Department of Corrections.
The general fund appropriation base for
the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year
2025 for correctional facilities inspectors.
Subd. 2.
District courts.
The general fund appropriation base for the district courts is
deleted text begin $5,042,000deleted text end new text begin $1,500,000new text end in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs
associated with additional competency examination costs.
Subd. 3.
State Competency Attainment Board.
The general fund appropriation base
for the State Competency Attainment Board is deleted text begin $11,350,000deleted text end new text begin $3,515,000new text end in fiscal year 2024
and $10,900,000 in fiscal year 2025 for staffing and other costs needed to establish and
perform the duties of the State Competency Attainment Board, including providing
educational services necessary to assist defendants in attaining competency, or contracting
or partnering with other organizations to provide those services.
ARTICLE 2
PUBLIC SAFETY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
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 "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025. Appropriations for the fiscal year ending June 30, 2023, are
effective the day following final enactment.
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
2023 new text end |
new text begin
2024 new text end |
new text begin
2025 new text end |
||||
Sec. 2. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
1,549,000 new text end |
new text begin
$ new text end |
new text begin
1,488,000 new text end |
||
new text begin
(a) Analysis of Sentencing-Related Data
new text end
new text begin
$125,000 the first year and $124,000 the
second year are to expand analysis of
sentencing-related data.
new text end
new text begin
(b) Small Agency Resource Team (SmART)
new text end
new text begin
$50,000 each year is for the commission's
accounting, budgeting, and human resources
to be provided by the Department of
Administration's small agency resource team.
new text end
new text begin
(c) Court Information System Integration
new text end
new text begin
$340,000 the first year and $348,000 the
second year are to fully integrate the
Sentencing Guidelines information systems
with the Minnesota Criminal Information
System (MNCIS). The base for this
appropriation is $78,000 beginning in fiscal
year 2026.
new text end
new text begin
(d) Comprehensive Review of the
Guidelines
new text end
new text begin
$243,000 the first year and $147,000 the
second year are to begin a comprehensive
review of the Sentencing Guidelines. This is
a onetime appropriation.
new text end
Sec. 3. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
333,079,000 new text end |
new text begin
$ new text end |
new text begin
292,622,000 new text end |
|
new text begin
Appropriations by Fund new text end |
|||
|
new text begin
2023 new text end |
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
1,000,000 new text end |
new text begin
235,025,000 new text end |
new text begin
201,039,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
20,074,000 new text end |
new text begin
20,327,000 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
119,000 new text end |
new text begin
127,000 new text end |
|
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
|
|
new text begin
911 Fund new text end |
new text begin
75,329,000 new text end |
new text begin
68,597,000 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
Public Safety
|
new text begin
1,000,000 new text end |
new text begin
2,250,000 new text end |
new text begin
2,000,000 new text end |
new text begin
(a) Public Safety Officer Survivor Benefits
new text end
new text begin
$1,000,000 in fiscal year 2023, $1,000,000 in
fiscal year 2024, and $1,000,000 in fiscal year
2025 are for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for either
year is insufficient, the appropriation for the
other year is available.
new text end
new text begin
(b) Soft Body Armor Reimbursements
new text end
new text begin
$1,000,000 each year is for increases in the
base appropriation for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38. This is a onetime
appropriation.
new text end
new text begin
(c) Firearm Storage Grants
new text end
new text begin
$250,000 the first year is for grants to local or
state law enforcement agencies to support the
safe and secure storage of firearms owned by
persons subject to extreme risk protection
orders. The commissioner must apply for a
grant from the Byrne State Crisis Intervention
Program to supplement the funds appropriated
by the legislature for implementation of
Minnesota Statutes, sections 624.7171 to
624.7178 and 626.8481. Of the federal funds
received, the commissioner must dedicate at
least an amount that is equal to this
appropriation to fund safe and secure firearms
storage grants provided for under this
paragraph.
new text end
new text begin Subd. 3. new text end
new text begin
Emergency Management
|
new text begin
7,330,000 new text end |
new text begin
4,417,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
7,211,000 new text end |
new text begin
4,290,000 new text end |
|
new text begin
Environmental new text end |
new text begin
119,000 new text end |
new text begin
127,000 new text end |
new text begin
(a) Supplemental Nonprofit Security Grants
new text end
new text begin
$250,000 each year is for supplemental
nonprofit security grants under this paragraph.
This appropriation is onetime.
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. This is a
onetime appropriation.
new text end
new text begin
(b) Emergency Preparedness Staff
new text end
new text begin
$550,000 each year is for additional
emergency preparedness staff members.
new text end
new text begin
(c) Lake Superior Chippewa Tribal
Emergency Management Coordinator
new text end
new text begin
$145,000 each year is for a grant to the Grand
Portage Band of Lake Superior Chippewa to
establish and maintain a Tribal emergency
management coordinator under Minnesota
Statutes, section 12.25.
new text end
new text begin
(d) Grand Portage Band of Lake Superior
Chippewa Tribe Coast Guard Services
new text end
new text begin
$3,000,000 the first year is for a grant to the
Grand Portage Band of Lake Superior
Chippewa to purchase equipment and fund a
position for coast guard services off the north
shore of Lake Superior.
new text end
new text begin Subd. 4. new text end
new text begin
Criminal Apprehension
|
new text begin
123,122,000 new text end |
new text begin
106,870,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
120,686,000 new text end |
new text begin
104,434,000 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
2,429,000 new text end |
new text begin
2,429,000 new text end |
new text begin
The annual base from the general fund is
$104,303,000 beginning in fiscal year 2026.
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, $2,429,000 the first
year and $2,429,000 the second year are 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) Use of Force Investigations
new text end
new text begin
$4,419,000 each year is for operation of the
independent Use of Force Investigations Unit
pursuant to Minnesota Statutes, section
299C.80.
new text end
new text begin
(c) FBI Compliance, Critical IT
Infrastructure, and Cybersecurity
Upgrades
new text end
new text begin
$10,550,000 the first year and $2,737,000 the
second year are for cybersecurity investments,
critical infrastructure upgrades, and Federal
Bureau of Investigation audit compliance. This
appropriation is available through June 30,
2027.
new text end
new text begin
(d) Expungement-Related Costs
new text end
new text begin
$3,737,000 the first year and $190,000 the
second year are for costs associated with the
changes to expungement law made in this act.
new text end
new text begin
(e) Violent Crime Reduction Strategy
new text end
new text begin
$9,325,000 each year is for violent crime
reduction, including forensics, and analytical
and operational support.
new text end
new text begin
(f) Investigative Partnerships
new text end
new text begin
$6,000,000 the first year is to fund
partnerships among local, state, and federal
agencies. This appropriation is available until
June 30, 2027.
new text end
new text begin
(g) Firearm Eligibility Background Checks
new text end
new text begin
$70,000 the first year is to purchase and
integrate information technology hardware
and software necessary to process additional
firearms eligibility background checks.
new text end
new text begin
(h) Human Trafficking Task Force
new text end
new text begin
$1,800,000 each year is for staff and operating
costs to support the Bureau of Criminal
Apprehension-led Minnesota Human
Trafficking Investigator's Task Force.
new text end
new text begin
(i) Report on Fusion Center Activities
new text end
new text begin
$115,000 each year is for the report required
under Minnesota Statutes, section 299C.055.
This is a onetime appropriation.
new text end
new text begin
(j) Decrease Forensic Evidence Turnaround
new text end
new text begin
$4,500,000 the first year and $3,500,000 the
second year are to decrease turnaround times
for forensic processing of evidence in criminal
investigations for state and local law
enforcement partners.
new text end
new text begin
Additional staff and supplies funded under
this provision are intended, among other
purposes, to reduce the backlog in sexual
assault examination kit testing, to prevent the
development of any future backlogs in testing
sexual assault examination kits, and to provide
survivors access to the status of the testing of
their exam kits via the relevant exam testing
tracking systems. By January 1, 2025, and
each year thereafter, the commissioner must
submit a report to the chairs and ranking
minority members of the house of
representatives and senate committees with
jurisdiction over public safety finance and
policy on the use of these funds in the previous
fiscal year. The report must: (1) include the
data necessary to understand sexual assault
examination kit testing times; and (2) identify
the barriers to testing all sexual assault
examination kits within 90 days of receipt by
the laboratory in the preceding year and in the
upcoming year.
new text end
new text begin Subd. 5. new text end
new text begin
Fire Marshal
|
new text begin
17,013,000 new text end |
new text begin
17,272,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
4,184,000 new text end |
new text begin
4,190,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
12,829,000 new text end |
new text begin
13,082,000 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 for this account is $13,182,000
in fiscal year 2026 and $13,082,000 in fiscal
year 2027.
new text end
new text begin
(a) Hazardous Materials and Emergency
Response Teams
new text end
new text begin
$1,695,000 the first year and $1,595,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $1,695,000 in the first year of future biennia
and $1,595,000 in the second year of future
biennia.
new text end
new text begin
(b) Bomb Squad Reimbursements
new text end
new text begin
$250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.
new text end
new text begin
(c) Nonresponsible Party Reimbursements
new text end
new text begin
$750,000 each year from the fire safety
account is for nonresponsible party hazardous
material and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.
new text end
new text begin
(d) Hometown Heroes Assistance Program
new text end
new text begin
$4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.
new text end
new text begin Subd. 6. new text end
new text begin
Firefighter Training and Education
|
new text begin
7,175,000 new text end |
new text begin
7,175,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Special Revenue new text end |
new text begin
7,175,000 new text end |
new text begin
7,175,000 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
$5,500,000 each year from the fire safety
account is for firefighter training and
education.
new text end
new text begin
(b) Task Force 1
new text end
new text begin
$1,125,000 each year is for the Minnesota
Task Force 1.
new text end
new text begin
(c) Task Force 2
new text end
new text begin
$200,000 each year is for Minnesota Task
Force 2.
new text end
new text begin
(d) Air Rescue
new text end
new text begin
$350,000 each year is for the Minnesota Air
Rescue Team.
new text end
|
new text begin
(e) Unappropriated Revenue new text end |
||||||
new text begin
Any additional unappropriated money
collected in fiscal year 2023 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. 7. new text end
new text begin
Alcohol and Gambling
|
new text begin
4,102,000 new text end |
new text begin
3,857,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
4,032,000 new text end |
new text begin
3,787,000 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
(a) $70,000 each year is from the lawful
gambling regulation account in the special
revenue fund.
new text end
new text begin
(b) $600,000 the first year and $100,000 the
second year are for enforcement information
technology improvements.
new text end
new text begin Subd. 8. new text end
new text begin
Office of Justice Programs
|
new text begin
94,758,000 new text end |
new text begin
80,434,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
94,662,000 new text end |
new text begin
80,338,000 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) Domestic and Sexual Violence Housing
new text end
new text begin
$1,500,000 each year is to establish a
Domestic Violence Housing First grant
program to provide resources for survivors of
violence to access safe and stable housing and
for staff to provide mobile advocacy and
expertise in housing resources in their
community and a Minnesota Domestic and
Sexual Violence Transitional Housing
program to develop and support medium to
long term transitional housing for survivors
of domestic and sexual violence with
supportive services. The base for this
appropriation is $1,000,000 beginning in fiscal
year 2026.
new text end
new text begin
(b) Federal Victims of Crime Funding Gap
new text end
new text begin
$11,000,000 each year is to fund services for
victims of domestic violence, sexual assault,
child abuse, and other crimes. This is a
onetime appropriation.
new text end
new text begin
(c) Office for Missing and Murdered Black
Women and Girls
new text end
new text begin
$1,248,000 each year is to establish and
maintain the Minnesota Office for Missing
and Murdered Black Women and Girls.
new text end
new text begin
(d) Increased Staffing
new text end
new text begin
$667,000 the first year and $1,334,000 the
second year are to increase staffing in the
Office of Justice Programs for grant
monitoring and compliance; provide training
and technical assistance to grantees and
potential grantees; conduct community
outreach and engagement to improve the
experiences and outcomes of applicants, grant
recipients, and crime victims throughout
Minnesota; expand the Minnesota Statistical
Analysis Center; and increase staffing for the
crime victim reimbursement program and the
Crime Victim Justice Unit.
new text end
new text begin
(e) Office of Restorative Practices
new text end
new text begin
$500,000 each year is to establish and
maintain the Office of Restorative Practices.
new text end
new text begin
(f) Crossover and Dual-Status Youth Model
Grants
new text end
new text begin
$1,000,000 each year is to provide grants to
local units of government to initiate or expand
crossover youth practices model and
dual-status youth programs that provide
services for youth who are involved with or
at risk of becoming involved with both the
child welfare and juvenile justice systems, in
accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model. This is a onetime appropriation.
new text end
new text begin
(g) Restorative Practices Initiatives Grants
new text end
new text begin
$4,000,000 each year is for grants to establish
and support restorative practices initiatives
pursuant to Minnesota Statutes, section
299A.95, subdivision 6. The base for this
appropriation is $2,500,000 beginning in fiscal
year 2026.
new text end
new text begin
(h) Ramsey County Youth Treatment
Homes Acquisition and Betterment
new text end
new text begin
$5,000,000 the first year is for a grant to
Ramsey County to establish, with input from
community stakeholders, including impacted
youth and families, up to seven intensive
trauma-informed therapeutic treatment homes
in Ramsey County that are licensed by the
Department of Human Services, that are
culturally specific, that are community-based,
and that can be secured. These residential
spaces must provide intensive treatment and
intentional healing for youth as ordered by the
court as part of the disposition of a case in
juvenile court.
new text end
new text begin
(i) Ramsey County Violence Prevention
new text end
new text begin
$5,000,000 the first year is for a grant to
Ramsey County to award grants to develop
new and further enhance existing
community-based organizational support
through violence prevention and community
wellness grants. Grantees must use the money
to create family support groups and resources
to support families during the time a young
person is placed out of home following a
juvenile delinquency adjudication and support
the family through the period of postplacement
reentry; create community-based respite
options for conflict or crisis de-escalation to
prevent incarceration or further systems
involvement for families; or establish
additional meaningful employment
opportunities for systems-involved youth. This
appropriation is available through June 30,
2027.
new text end
new text begin
(j) Office for Missing and Murdered
Indigenous Relatives
new text end
new text begin
$274,000 each year is for increased staff and
operating costs of the Office for Missing and
Murdered Indigenous Relatives, the Missing
and Murdered Indigenous Relatives Advisory
Board, and the Gaagige-Mikwendaagoziwag
reward advisory group.
new text end
new text begin
(k) Youth Intervention Programs
new text end
new text begin
$3,525,000 the first year and $3,526,000 the
second year are for youth intervention
programs under Minnesota Statutes, section
299A.73. The base for this appropriation is
$3,526,000 in fiscal year 2026 and $3,525,000
in fiscal year 2027.
new text end
new text begin
(l) Community Crime Intervention and
Prevention Grants
new text end
new text begin
$750,000 each year is for community crime
intervention and prevention program grants,
authorized under Minnesota Statutes, section
299A.296. This is a onetime appropriation.
new text end
new text begin
(m) Resources for Victims of Crime
new text end
new text begin
$1,000,000 each year is for general crime
victim grants to meet the needs of victims of
crime not covered by domestic violence,
sexual assault, or child abuse services. This is
a onetime appropriation.
new text end
new text begin
(n) Prosecutor Training
new text end
new text begin
$100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. All training funded
with grant proceeds must contain blocks of
instruction on racial disparities in the criminal
justice system, collateral consequences to
criminal convictions, and trauma-informed
responses to victims. This is a onetime
appropriation.
new text end
new text begin
The Minnesota County Attorneys Association
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over public safety policy and
finance on the training provided with grant
proceeds, including a description of each
training and the number of prosecutors and
law enforcement officers who received
training. The report is due by February 15,
2025. The report may include trainings
scheduled to be completed after the date of
submission with an estimate of expected
participants.
new text end
new text begin
(o) Minnesota Heals
new text end
new text begin
$500,000 each year is for the Minnesota Heals
grant program. This is a onetime
appropriation.
new text end
new text begin
(p) Sexual Assault Exam Costs
new text end
new text begin
$3,967,000 the first year and $3,767,000 the
second year are to reimburse qualified health
care providers for the expenses associated with
medical examinations administered to victims
of criminal sexual conduct as required under
Minnesota Statutes, section 609.35. The base
for this appropriation is $3,771,000 in fiscal
year 2026 and $3,776,000 in fiscal year 2027.
new text end
new text begin
(q) First Responder Mental Health
Curriculum
new text end
new text begin
$75,000 each year is for a grant to the Adler
graduate school. The grantee must use the
grant to develop a curriculum for a 24-week
certificate to train licensed therapists to
understand the nuances, culture, and stressors
of the work environments of first responders
to allow those therapists to provide effective
treatment to first responders in distress. The
grantee must collaborate with first responders
who are familiar with the psychological,
cultural, and professional issues of their field
to develop the curriculum and promote it upon
completion.
new text end
new text begin
The grantee may provide the program online.
new text end
new text begin
The grantee must seek to recruit additional
participants from outside the 11-county
metropolitan area.
new text end
new text begin
The grantee must create a resource directory
to provide law enforcement agencies with
names of counselors who complete the
program and other resources to support law
enforcement professionals with overall
wellness. The grantee shall collaborate with
the Department of Public Safety and law
enforcement organizations to promote the
directory. This is a onetime appropriation.
new text end
new text begin
(r) Pathways to Policing
new text end
new text begin
$400,000 each year is for reimbursement
grants to state and local law enforcement
agencies that operate pathway to policing
programs. Applicants for reimbursement
grants may receive up to 50 percent of the cost
of compensating and training program
participants. Reimbursement grants shall be
proportionally allocated based on the number
of grant applications approved by the
commissioner. This is a onetime appropriation.
new text end
new text begin
(s) Direct Assistance to Crime Victim
Survivors
new text end
new text begin
$5,000,000 each year is to provide grants for
direct services and advocacy for victims of
sexual assault, general crime, domestic
violence, and child abuse. Funding must
support the direct needs of organizations
serving victims of crime by providing: direct
client assistance to crime victims; competitive
wages for direct service staff; hotel stays and
other housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and for other needs of
organizations and crime victim survivors.
Services funded must include services for
victims of crime in underserved communities
most impacted by violence and reflect the
ethnic, racial, economic, cultural, and
geographic diversity of the state. The office
shall prioritize culturally specific programs,
or organizations led and staffed by persons of
color that primarily serve communities of
color, when allocating funds.
new text end
new text begin
(t) Racially Diverse Youth
new text end
new text begin
$250,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. Of this amount,
$125,000 each year is to address this issue in
the Rochester area and $125,000 each year is
to address this issue in the St. Cloud area. A
grant recipient shall establish and operate a
pilot program connected to shelter services to
engage in community intervention outreach,
mobile case management, family reunification,
aftercare, and follow up when family members
are released from shelter services. A pilot
program must specifically address the high
number of racially diverse youth that enter
shelters in the regions. This is a onetime
appropriation.
new text end
new text begin
(u) Violence Prevention Project Research
Center
new text end
new text begin
$500,000 each year is for a grant to the
Violence Prevention Project Research Center,
operating as a 501(c)(3) organization, for
research focused on reducing violence in
society that uses data and analysis to improve
criminal justice-related policy and practice in
Minnesota. Research must place an emphasis
on issues related to deaths and injuries
involving firearms. This is a onetime
appropriation.
new text end
new text begin
Beginning January 15, 2025, the Violence
Prevention Project Research Center must
submit an annual report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over public safety
policy and finance on its work and findings.
The report must include a description of the
data reviewed, an analysis of that data, and
recommendations to improve criminal
justice-related policy and practice in
Minnesota with specific recommendations to
address deaths and injuries involving firearms.
new text end
new text begin
(v) Report on Approaches to Address Illicit
Drug Use in Minnesota
new text end
new text begin
$118,000 each year is to enter into an
agreement with Rise Research LLC for a study
and set of reports on illicit drug use in
Minnesota describing current responses to that
use, reviewing alternative approaches utilized
in other jurisdictions, and making policy and
funding recommendations for a holistic and
effective response to illicit drug use and the
illicit drug trade. The agreement must establish
a budget and schedule with clear deliverables.
This appropriation is onetime.
new text end
new text begin
The study must include a review of current
policies, practices, and funding; identification
of alternative approaches utilized effectively
in other jurisdictions; and policy and funding
recommendations for a response to illicit drug
use and the illicit drug trade that reduces and,
where possible, prevents harm and expands
individual and community health, safety, and
autonomy. Recommendations must consider
impacts on public safety, racial equity,
accessibility of health and ancillary supportive
social services, and the intersections between
drug policy and mental health, housing and
homelessness, overdose and infectious disease,
child welfare, and employment.
new text end
new text begin
Rise Research may subcontract and coordinate
with other organizations or individuals to
conduct research, provide analysis, and
prepare the reports required by this section.
new text end
new text begin
Rise Research shall submit reports to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety finance and policy, human
services finance and policy, health finance and
policy, and judiciary finance and policy. Rise
Research shall submit an initial report by
February 15, 2024, and a final report by March
1, 2025.
new text end
new text begin
(w) Legal Representation for Children
new text end
new text begin
$150,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. These appropriations are in addition to
any other appropriations for the legal
representation of children. This appropriation
is onetime.
new text end
new text begin
(x) Pretrial Release Study and Report
new text end
new text begin
$250,000 each year are for a grant to the
Minnesota Justice Research Center to study
and report on pretrial release practices in
Minnesota and other jurisdictions, including
but not limited to the use of bail as a condition
of pretrial release. This appropriation is
onetime.
new text end
new text begin
(y) Intensive Comprehensive Peace Officer
Education and Training Program
new text end
new text begin
$5,000,000 the first year is to implement the
intensive comprehensive peace officer
education and training program described in
Minnesota Statutes, section 626.8516. This
appropriation is available through June 30,
2027.
new text end
new text begin
(z) Youth Services Office
new text end
new text begin
$250,000 each year is to operate the Youth
Services Office.
new text end
new text begin Subd. 9. new text end
new text begin
Emergency Communication Networks
|
new text begin
77,329,000 new text end |
new text begin
70,597,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
2,000,000 new text end |
new text begin
2,000,000 new text end |
|
new text begin
911 Fund new text end |
new text begin
75,329,000 new text end |
new text begin
68,597,000 new text end |
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services unless
otherwise indicated.
new text end
|
new text begin
(a) Public Safety Answering Points new text end |
||||||
new text begin
$28,011,000 the first year and $28,011,000
the second year shall be distributed as
provided under Minnesota Statutes, section
403.113, subdivision 2.
new text end
new text begin
(b) Transition to Next Generation 911
new text end
new text begin
$7,000,000 the first year is to support Public
Safety Answering Points' transition to Next
Generation 911. Funds may be used for
planning, cybersecurity, GIS data collection
and maintenance, 911 call processing
equipment, and new Public Safety Answering
Point technology to improve service delivery.
Funds shall be distributed by October 1, 2023,
as provided in Minnesota Statutes, section
403.113, subdivision 2. Funds are available
until June 30, 2025, and any unspent funds
must be returned to the 911 emergency
telecommunications service account. This is
a onetime appropriation.
new text end
new text begin
Each eligible entity receiving these funds must
provide a detailed report on how the funds
were used to the commissioner of public safety
by August 1, 2025.
new text end
new text begin
(c) ARMER State Backbone Operating
Costs
new text end
new text begin
$10,116,000 the first year and $10,384,000
the second year are transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(d) Statewide Emergency Communications
Board
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board. Funds
may be used for operating costs, to provide
competitive grants to local units of
government to fund enhancements to a
communication system, technology, or support
activity that directly provides the ability to
deliver the 911 call between the entry point to
the 911 system and the first responder, and to
further the strategic goals set forth by the
SECB Statewide Communication
Interoperability Plan.
new text end
new text begin
(e) Statewide Public Safety Radio
Communication System Equipment Grants
new text end
new text begin
$2,000,000 each year from the general fund
is for grants to local units of government,
federally recognized Tribal entities, and state
agencies participating in the statewide Allied
Radio Matrix for Emergency Response
(ARMER) public safety radio communication
system established under Minnesota Statutes,
section 403.36, subdivision 1e. The grants
must be used to purchase or upgrade portable
radios, mobile radios, and related equipment
that is interoperable with the ARMER system.
Each local government unit may receive only
one grant. The grant is contingent upon a
match of at least five percent from nonstate
funds. The director of the Department of
Public Safety Emergency Communication
Networks division, in consultation with the
Statewide Emergency Communications Board,
must administer the grant program. This
appropriation is available until June 30, 2026.
This is a onetime appropriation.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
new text begin
$ new text end |
new text begin
12,863,000 new text end |
new text begin
$ new text end |
new text begin
12,717,000 new text end |
||
new text begin
(a) 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
(b) Additional Staff
new text end
new text begin
$1,027,000 the first year and $1,028,000 the
second year are for additional staff and
equipment. The base for this appropriation is
$1,011,000 beginning in fiscal year 2026.
new text end
new text begin
(c) Additional Office Space
new text end
new text begin
$228,000 the first year and $30,000 the second
year are for additional office space.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
758,000 new text end |
new text begin
$ new text end |
new text begin
688,000 new text end |
||
Sec. 6. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
12,643,000 new text end |
new text begin
$ new text end |
new text begin
797,937,000 new text end |
new text begin
$ new text end |
new text begin
826,661,000 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
Incarceration and
|
new text begin
$ new text end |
new text begin
12,643,000 new text end |
new text begin
$ new text end |
new text begin
534,412,000 new text end |
new text begin
$ new text end |
new text begin
561,421,000 new text end |
new text begin
(a) Operating Deficiency
new text end
new text begin
$12,643,000 in fiscal year 2023 is to meet
financial obligations in fiscal year 2023. This
is a onetime appropriation.
new text end
new text begin
(b) Body-worn Camera Program
new text end
new text begin
$1,000,000 each year is to create a body-worn
camera program for corrections officers and
intensive supervised release agents. This
appropriation is onetime.
new text end
new text begin
(c) ARMER Radio System
new text end
new text begin
$1,500,000 each year is to upgrade and
maintain the ARMER radio system within
correctional facilities. This is a onetime
appropriation.
new text end
new text begin
(d) Prison Rape Elimination Act
new text end
new text begin
$500,000 each year is for Prison Rape
Elimination Act (PREA) compliance.
new text end
new text begin
(e) State Corrections Safety and Security
new text end
new text begin
$1,932,000 each year is for state corrections
safety and security investments. The base for
this appropriation is $2,625,000 beginning in
fiscal year 2026.
new text end
new text begin
(f) Health Services
new text end
new text begin
$2,750,000 each year is for increased health
care services. The base for this appropriation
is $3,400,000 beginning in fiscal year 2026.
new text end
new text begin
(g) Educational Programming and Support
Services
new text end
new text begin
$5,600,000 the first year and $4,000,000 the
second year are for educational programming
and support services. The base for this purpose
is $2,000,000 beginning in fiscal year 2026.
new text end
new text begin
(h) Family Support Unit
new text end
new text begin
$480,000 each year is for a family support
unit.
new text end
new text begin
(i) Inmate Phone Calls
new text end
new text begin
$3,100,000 each year is to provide voice
communication services for incarcerated
persons under Minnesota Statutes, section
241.252. Any unencumbered balance
remaining at the end of the first year may be
carried forward into the second year. If this
appropriation is greater than the cost of
providing voice communication services,
remaining funds must be used to offset the
cost of other communication services.
new text end
new text begin
(j) Virtual Court Coordination
new text end
new text begin
$500,000 each year is for virtual court
coordination and modernization.
new text end
new text begin
(k) Supportive Arts for Incarcerated
Persons
new text end
new text begin
$425,000 the first year is for supportive arts
for incarcerated persons grants as provided
for in section 17. Of this amount, up to ten
percent is for administration, including facility
space, access, liaison, and monitoring. Any
unencumbered balance remaining at the end
of the first year does not cancel but is available
for this purpose in the second year.
new text end
new text begin
(l) Successful Re-entry
new text end
new text begin
$375,000 the first year and $875,000 the
second year are for reentry initiatives,
including a culturally specific release program
for Native American incarcerated individuals.
new text end
new text begin
(m) Evidence-based Correctional Practices
Unit
new text end
new text begin
$750,000 each year is to establish and
maintain a unit to direct and oversee the use
of evidence-based correctional practices across
the department and supervision delivery
systems.
new text end
new text begin
(n) Interstate Compact for Adult
Supervision; Transfer Expense
Reimbursement
new text end
new text begin
$250,000 each year is for reimbursements
under Minnesota Statutes, section 243.1609.
This is a onetime appropriation.
new text end
new text begin
(o) Task Force on Aiding and Abetting
Felony Murder
new text end
new text begin
$25,000 the first year is for costs associated
with the revival of the task force on aiding and
abetting felony murder.
new text end
new text begin
(p) Incarceration and Prerelease Services
Base Budget
new text end
new text begin
The base for incarceration and prerelease
services is $552,775,000 in fiscal year 2026
and $553,043,000 in fiscal year 2027.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
189,939,000 new text end |
new text begin
190,953,000 new text end |
new text begin
(a) Community Supervision Funding
new text end
new text begin
$143,378,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
supervision formula in Minnesota Statutes,
section 401.10.
new text end
new text begin
(b) Tribal Nation Supervision
new text end
new text begin
$2,750,000 each year is for Tribal Nations to
provide supervision or supportive services
pursuant to Minnesota Statutes, section
401.10.
new text end
new text begin
(c) Postrelease Sex Offender Program
new text end
new text begin
$1,915,000 each year is for postrelease sex
offender treatment services and initiatives.
new text end
new text begin
(d) Community Supervision Advisory
Committee
new text end
new text begin
$75,000 the first year is to fund the community
supervision advisory committee under
Minnesota Statutes, section 401.17.
new text end
new text begin
(e) Regional and County Jails Study and
Report
new text end
new text begin
$150,000 the first year is to fund the
commissioner's study and report on the
consolidation or merger of county jails and
alternatives to incarceration for persons
experiencing mental health disorders.
new text end
new text begin
(f) Work Release Programs
new text end
new text begin
$500,000 each year is for work release
programs.
new text end
new text begin
(g) County Discharge Plans
new text end
new text begin
$80,000 each year is to develop model
discharge plans pursuant to Minnesota
Statutes, section 641.155. This appropriation
is onetime.
new text end
new text begin
(h) Housing Initiatives
new text end
new text begin
$2,130,000 each year is for housing initiatives
to support stable housing of incarcerated
individuals upon release. The base for this
purpose beginning in fiscal year 2026 is
$1,685,000. Of this amount:
new text end
new text begin
(1) $1,000,000 each year is for housing
stabilization prerelease services and program
evaluation. The base for this purpose
beginning in fiscal year 2026 is $760,000;
new text end
new text begin
(2) $500,000 each year is for rental assistance
for incarcerated individuals approaching
release, on supervised release, or on probation
who are at risk of homelessness;
new text end
new text begin
(3) $405,000 each year is for culturally
responsive trauma-informed transitional
housing. The base for this purpose beginning
in fiscal year 2026 is $200,000; and
new text end
new text begin
(4) $225,000 each year is for housing
coordination activities.
new text end
new text begin
(i) Community Supervision and Postrelease
Services Base Budget
new text end
new text begin
The base for community supervision and
postrelease services is $189,272,000 in fiscal
year 2026 and $189,172,000 in fiscal year
2027.
new text end
new text begin
(j) Naloxone
new text end
new text begin
$2,000 each year is to purchase naloxone for
supervised release agents to use to respond to
overdoses.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
73,586,000 new text end |
new text begin
74,287,000 new text end |
||||
new text begin
(a) Public Safety Data Infrastructure
new text end
new text begin
$22,914,000 the first year and $22,915,000
the second year are for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. The base for this purpose is
$4,097,000 beginning in fiscal year 2026. Any
unspent funds from the current biennium do
not cancel and are available in the next
biennium.
new text end
new text begin
(b) Supervised Release Board
new text end
new text begin
$40,000 each year is to establish and operate
the supervised release board pursuant to
Minnesota Statutes, section 244.049.
new text end
new text begin
(c) Recruitment and Retention
new text end
new text begin
$3,200,000 the first year and $400,000 the
second year are for recruitment and retention
initiatives. Of this amount, $2,800,000 the first
year is for staff recruitment, professional
development, conflict resolution, and staff
wellness, and to contract with community
collaborative partners who specialize in trauma
recovery.
new text end
new text begin
(d) Clemency Review Commission
new text end
new text begin
$986,000 each year is for the clemency review
commission described in Minnesota Statutes,
section 638.09. Of this amount, $200,000 each
year is for grants to support outreach and
clemency application assistance.
new text end
new text begin
(e) Accountability and Transparency
new text end
new text begin
$1,000,000 each year is for accountability and
transparency initiatives. The base for this
appropriation is $1,480,000 beginning in fiscal
year 2026.
new text end
new text begin
(f) Organizational, Regulatory, and
Administrative Services Base Budget
new text end
new text begin
The base for organizational, regulatory, and
administrative services is $55,849,000 in fiscal
year 2026 and $55,649,000 in fiscal year 2027.
new text end
Sec. 7. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
1,105,000 new text end |
new text begin
$ new text end |
new text begin
1,099,000 new text end |
||
Sec. 8. new text begin BOARD OF TRUSTEES OF THE
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
||
new text begin
$500,000 each year is for transfer to
Metropolitan State University. Of this amount,
$280,000 each year is to provide juvenile
justice services and resources, including the
Juvenile Detention Alternatives Initiative, to
Minnesota counties and federally recognized
Tribes and $220,000 each year is for funding
to local units of government, federally
recognized Tribes, and agencies to support
local Juvenile Detention Alternatives
Initiatives, including but not limited to
Alternatives to Detention. The unencumbered
balance in the first year of the biennium does
not cancel but is available throughout the
biennium.
new text end
Sec. 9. new text begin DEPARTMENT OF NATURAL
|
new text begin
$ new text end |
new text begin
73,000 new text end |
new text begin
$ new text end |
new text begin
9,000 new text end |
||
new text begin
$73,000 the first year and $9,000 the second
year are to provide naloxone and training in
the use of naloxone to conservation officers.
new text end
Sec. 10.
Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3,
is amended to read:
Subd. 3.Peace Officer Training Assistance
|
||||||
Philando Castile Memorial Training Fund
$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 begin These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8452 (use of
force), 626.8469 (training in crisis response,
conflict management, and cultural diversity),
and 626.8474 (autism training).
new text end
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
qualificationsdeleted text begin , including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provideddeleted text end ; 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.
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.
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.
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.
Sec. 11. new text begin GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT; TRANSFER.
new text end
new text begin
$250,000 in fiscal year 2024 is transferred from the general fund to the
Gaagige-Mikwendaagoziwag reward account in the special revenue fund.
new text end
Sec. 12. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION ACCOUNT;
TRANSFER.
new text end
new text begin
$70,000,000 in fiscal year 2024 is transferred from the general fund to the community
crime and violence prevention account in the special revenue fund.
new text end
Sec. 13. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION GRANTS;
SPECIAL REVENUE ACCOUNT; APPROPRIATION.
new text end
new text begin
The community crime and violence prevention account is created in the special revenue
fund consisting of money deposited, donated, allotted, transferred, or otherwise provided
to the account. Of the amount in the account, up to $14,000,000 each year is appropriated
to the commissioner of public safety for purposes specified in Minnesota Statutes, section
299A.296.
new text end
Sec. 14. new text begin CRISIS RESPONSE ACCOUNT; TRANSFER.
new text end
new text begin
$10,000,000 in fiscal year 2024 is transferred from the general fund to the crisis response
account in the special revenue fund. Any balance in the account on June 30, 2028, cancels
to the general fund.
new text end
Sec. 15. new text begin CRISIS RESPONSE GRANTS; SPECIAL REVENUE ACCOUNT;
APPROPRIATION.
new text end
new text begin
The crisis response account is created in the special revenue fund consisting of money
deposited, donated, allotted, transferred, or otherwise provided to the account. Of the amount
in the account, up to $2,000,000 in each of fiscal years 2024, 2025, 2026, 2027, and 2028
are appropriated to the commissioner of public safety for grants administered by the Office
of Justice Programs to be awarded to local law enforcement agencies and local governments
to maintain or expand crisis response teams in which social workers or mental health
providers are sent as first responders when calls for service indicate that an individual is
having a mental health crisis.
new text end
new text begin new text end
Sec. 16. new text begin PRETRIAL RELEASE STUDY AND REPORT.
new text end
new text begin
(a) Pursuant to the terms of a grant, the Minnesota Justice Research Center shall study
and report on pretrial release practices in Minnesota and other jurisdictions.
new text end
new text begin
(b) The Minnesota Justice Research Center shall examine pretrial release practices in
Minnesota and community perspectives about those practices; conduct a robust study of
pretrial release practices in other jurisdictions to identify effective approaches to pretrial
release that use identified best practices; provide analysis and recommendations describing
if, and how, practices in other jurisdictions could be adopted and implemented in Minnesota,
including but not limited to analysis addressing how changes would impact public safety,
appearance rates, treatment of defendants with different financial means, disparities in
pretrial detention, and community perspectives about pretrial release; and make
recommendations for policy changes for consideration by the legislature.
new text end
new text begin
(c) By February 15, 2024, the Minnesota Justice Research Center must provide a
preliminary report to the legislative committees and divisions with jurisdiction over public
safety finance and policy including a summary of the preliminary findings, any legislative
proposals to improve the ability of the Minnesota Justice Research Center to complete its
work, and any proposals for legislation related to pretrial release. The Minnesota Justice
Research Center shall submit a final report to the legislative committees and divisions with
jurisdiction over public safety finance and policy by February 15, 2025. The final report
shall include a description of the Minnesota Justice Research Center's work, findings, and
any legislative proposals.
new text end
Sec. 17. new text begin SUPPORTIVE ARTS GRANT PROGRAM.
new text end
new text begin
(a) The commissioner of corrections shall establish a supportive arts grant program to
award grants to nonprofit organizations to provide supportive arts programs to incarcerated
persons and persons on supervised release. The supportive arts programs must use the arts,
including but not limited to visual art, poetry, literature, theater, dance, and music, to address
the supportive, therapeutic, and rehabilitative needs of incarcerated persons and persons on
supervised release and promote a safer correctional facility environment and community
environment. The commissioner may not require incarcerated persons and persons on
supervised release to participate in a supportive arts program provided in a correctional
facility or community under a grant.
new text end
new text begin
(b) Applicants for grants under this section must submit an application in the form and
manner established by the commissioner. The applicants must describe the arts program to
be offered; how the program is supportive, therapeutic, and rehabilitative for incarcerated
persons and persons on supervised release; and the use of the grant funds.
new text end
new text begin
(c) Organizations are not required to apply for or receive grant funds under this section
in order to be eligible to provide supportive arts programming inside the correctional
facilities.
new text end
new text begin
(d) By March 1 of each year, the commissioner shall report to the chairs and ranking
members of the legislative committees and divisions having jurisdiction over criminal justice
finance and policy on the implementation, use, and administration of the grant program
established under this section. At a minimum, the report must provide:
new text end
new text begin
(1) the names of the organizations receiving grants;
new text end
new text begin
(2) the total number of individuals served by all grant recipients, disaggregated by race,
ethnicity, and gender;
new text end
new text begin
(3) the names of the correctional facilities and communities where incarcerated persons
and persons on supervised release are participating in supportive arts programs offered
under this section;
new text end
new text begin
(4) the total amount of money awarded in grants and the total amount remaining to be
awarded, if any;
new text end
new text begin
(5) the amount of money granted to each recipient;
new text end
new text begin
(6) a description of the program, mission, goals, and objectives by the organization using
the money; and
new text end
new text begin
(7) a description of and measures of success, either qualitative or quantitative.
new text end
Sec. 18. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation or transfer in this act is enacted more than once during the 2023
regular session, the appropriation or transfer must be given effect only once.
new text end
ARTICLE 3
JUDICIARY POLICY
Section 1.
new text begin
[260C.419] STATEWIDE OFFICE OF APPELLATE COUNSEL AND
TRAINING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Board" means the State Board of Appellate Counsel and Training.
new text end
new text begin
(c) "Juvenile protection matter" means any of the following:
new text end
new text begin
(1) child in need of protection or services matters as defined in section 260C.007,
subdivision 6, including habitual truant and runaway matters;
new text end
new text begin
(2) neglected and in foster care matters as defined in section 260C.007, subdivision 24;
new text end
new text begin
(3) review of voluntary foster care matters as defined in section 260C.141, subdivision
2;
new text end
new text begin
(4) review of out-of-home placement matters as defined in section 260C.212;
new text end
new text begin
(5) termination of parental rights matters as defined in sections 260C.301 to 260C.328;
and
new text end
new text begin
(6) permanent placement matters as defined in sections 260C.503 to 260C.521, including
matters involving termination of parental rights, guardianship to the commissioner of human
services, transfer of permanent legal and physical custody to a relative, permanent custody
to the agency, temporary legal custody to the agency, and matters involving voluntary
placement pursuant to section 260D.07.
new text end
new text begin
(d) "Office" means the Statewide Office of Appellate Counsel and Training.
new text end
new text begin Subd. 2. new text end
new text begin Statewide Office of Appellate Counsel and Training; establishment. new text end
new text begin
(a)
The Statewide Office of Appellate Counsel and Training is established as an independent
state office. The office shall be responsible for:
new text end
new text begin
(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
new text end
new text begin
(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
new text end
new text begin
(3) collaborating with the Minnesota Department of Human Services to coordinate and
secure federal Title IV-E support for counties and Tribes interested in accessing federal
funding.
new text end
new text begin
(b) The office shall be governed by a board as provided in subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin State Board of Appellate Counsel and Training; structure; membership. new text end
new text begin
(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
new text end
new text begin
(1) four public members appointed by the governor; and
new text end
new text begin
(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
new text end
new text begin
(b) The appointing authorities may not appoint any of the following to be a member of
the board:
new text end
new text begin
(1) a person who is a judge;
new text end
new text begin
(2) a person who is a registered lobbyist;
new text end
new text begin
(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
new text end
new text begin
(4) a person who serves as counsel for children in juvenile court;
new text end
new text begin
(5) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
new text end
new text begin
(6) a current city or county attorney or assistant city or county attorney.
new text end
new text begin
(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Human Services, to
secure and utilize Title IV-E funding. At least one member of the board appointed by the
governor must be a representative from a federally recognized Indian Tribe. No more than
five members of the board may belong to the same political party. At least three members
of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth
Judicial Districts. To the extent practicable, the membership of the board must include
persons with disabilities, reflect the ethnic diversity of the state, take into consideration race
and gender, and include persons from throughout the state. The members shall be well
acquainted with representing parents in district court and appellate proceedings related to
child protection matters as well as the law that affect a parent attorney's work, including
chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate
Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation
Act. The terms, compensation, and removal of members shall be as provided in section
15.0575. The members shall elect a chair from among the membership and the chair shall
serve a term of two years.
new text end
new text begin Subd. 4. new text end
new text begin
Head appellate counsel for parents; assistant and contracted attorneys;
other employees.
new text end
new text begin
(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The compensation of the head appellate counsel shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end
new text begin
(b) Consistent with the decisions of the board, the head appellate counsel shall employ
assistants or hire independent contractors to serve as appellate counsel for parents. Each
assistant appellate counsel and independent contractor serves at the pleasure of the head
appellate counsel. The compensation of assistant appellate counsel and independent
contractors shall be set by the board and shall be commensurate with county attorneys in
the state.
new text end
new text begin
(c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
new text end
new text begin
(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
new text end
new text begin
(1) one managing appellate attorney;
new text end
new text begin
(2) two staff attorneys;
new text end
new text begin
(3) one director of training;
new text end
new text begin
(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Human Services; and
new text end
new text begin
(5) one office administrator.
new text end
new text begin
(e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate
counsel. The compensation of each employee shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end
new text begin
(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
new text end
new text begin
(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
new text end
new text begin Subd. 5. new text end
new text begin Duties and responsibilities. new text end
new text begin
(a) The board shall work cooperatively with the
head appellate counsel to govern the office and provide fiscal oversight.
new text end
new text begin
(b) The board shall approve and recommend to the legislature a budget for the board,
the office, and any programs operated by that office.
new text end
new text begin
(c) The board shall establish procedures for distribution of funding under this section to
the office and any programs operated by that office.
new text end
new text begin
(d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include but
are not limited to:
new text end
new text begin
(1) standards needed to maintain and operate an appellate counsel for parents program,
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
new text end
new text begin
(2) standards for appellate counsel caseloads;
new text end
new text begin
(3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
new text end
new text begin
(4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
new text end
new text begin
(5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
new text end
new text begin
(6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
new text end
new text begin
(e) The head appellate counsel, with approval of the board, shall establish training
program standards and processes and procedures necessary to carry out the office's
responsibilities for statewide training of parent attorneys, including but not limited to
establishing uniform practice standards and training requirements for all parent attorneys
practicing in the state.
new text end
new text begin
(f) The head appellate counsel and the program administrator with approval of the board
shall establish processes and procedures for collaborating with the Department of Human
Services to secure and utilize Title IV-E funds and communicating with counties and Tribes
and any other processes and procedures necessary to carry out the office's responsibilities.
new text end
new text begin
(g) The board may:
new text end
new text begin
(1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
new text end
new text begin
(2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
new text end
new text begin Subd. 6. new text end
new text begin Limitation. new text end
new text begin
In no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
new text end
new text begin Subd. 7. new text end
new text begin Budget; county and Tribe use. new text end
new text begin
The establishment of the office and its
employees and support staff and the board shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide appellate representation
to indigent parents in their jurisdiction who are seeking an appeal and for assistance in
securing Title IV-E funding through collaboration with the Department of Human Services.
new text end
new text begin Subd. 8. new text end
new text begin Collection of costs; appropriation. new text end
new text begin
If any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, the State Board
of Appellate Counsel and Training shall deposit payments in a separate account established
in the special revenue fund. The amount credited to this account is appropriated to the State
Board of Appellate Counsel and Training. The balance of this account does not cancel but
is available until expended.
new text end
Sec. 2.
Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of $285, except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $285, except in
marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14deleted text begin , and $8
for an uncertified copydeleted text end .
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents. new text begin No fee may be charged to view or download a publicly available
instrument from a civil or criminal proceeding or for an uncertified copy of that instrument.
new text end
Sec. 3.
Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1.
Formulation of policies.
(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments
and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each
year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop accurate data on the nature and extent
of discrimination and other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; deleted text begin and
deleted text end
(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(20) analyze civil rights trends pursuant to this chapter, including information compiled
from community organizations that work directly with historically marginalized communities,
and prepare a report each biennium that recommends policy and system changes to reduce
and prevent further civil rights incidents across Minnesota. The report shall be provided to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over the Department of Human Rights. This report must also
be posted on the Department of Human Rights' public website and shared with community
organizations that work with historically marginalized communities.
new text end
In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, and the commissioner must
provide the first report by February 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2022, section 484.85, is amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS;
RAMSEY COUNTY DISTRICT COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:
deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer
of the deleted text begin city of St. Pauldeleted text end new text begin municipality or subdivision of government within Ramsey Countynew text end
and one-third credited to the state general funddeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end
All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
Sec. 5.
Minnesota Statutes 2022, section 611.23, is amended to read:
611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; SALARY.
The state public defender is responsible to the State Board of Public Defense. The state
public defender shall supervise the operation, activities, policies, and procedures of the
statewide public defender system. When requested by a district public defender or appointed
counsel, the state public defender may assist the district public defender, appointed counsel,
or an organization designated in section 611.216 in the performance of duties, including
trial representation in matters involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief preparation. The state public
defender shall be appointed by the State Board of Public Defense for a term of four years,
except as otherwise provided in this section, and until a successor is appointed and qualified.
The state public defender shall be a full-time qualified attorney, licensed to practice law in
this state, serve in the unclassified service of the state, and be removed only for cause by
the appointing authority. Vacancies in the office shall be filled by the appointing authority
for the unexpired term. The salary of the state public defender shall be fixed by the State
Board of Public Defense deleted text begin but must not exceed the salary of a district court judgedeleted text end . Terms of
the state public defender shall commence on July 1. The state public defender shall devote
full time to the performance of duties and shall not engage in the general practice of law.
ARTICLE 4
GENERAL CRIMES
Section 1.
Minnesota Statutes 2022, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph deleted text begin (f)deleted text end new text begin (h)new text end ;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 609.02, subdivision 16, is amended to read:
Subd. 16.
Qualified domestic violence-related offense.
"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder);new text begin 609.195, paragraph (a) (third-degree murder);
609.20, clauses (1), (2), and (5) (first-degree manslaughter); 609.205, clauses (1) and (5)
(second-degree manslaughter);new text end 609.221 (first-degree assault); 609.222 (second-degree
assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224
(fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation);new text begin 609.25 (kidnapping); 609.255 (false
imprisonment);new text end 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377 (malicious
punishment of a child);new text begin 609.582, subdivision 1, clause (c) (burglary in the first degree);new text end
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an
emergency call); 617.261 (nonconsensual dissemination of private sexual images); and
629.75 (violation of domestic abuse no contact order); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 609.05, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Exception. new text end
new text begin
(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text end
new text begin
(b) A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), for a death caused by another unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.
new text end
new text begin
(c) As used in this subdivision, "major participant" means a person who:
new text end
new text begin
(1) used a deadly weapon during the commission of the underlying felony or provided
a deadly weapon to another participant where it was reasonably foreseeable that the weapon
would be used in the underlying felony;
new text end
new text begin
(2) caused substantial bodily harm to another during the commission of the underlying
felony;
new text end
new text begin
(3) coerced or hired a participant to undertake actions in furtherance of the underlying
felony that proximately caused the death, and where it was reasonably foreseeable that such
actions would cause death or great bodily harm; or
new text end
new text begin
(4) impeded another person from preventing the death either by physical action or by
threat of physical action where it was reasonably foreseeable that death or great bodily harm
would result.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date. The section does not apply to crimes committed before
August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:
Subd. 4.
Assaults motivated by bias.
(a) Whoever assaults anothernew text begin in whole or in
substantial partnew text end because of the victim's or another's actual or perceived race, color, new text begin ethnicity,
new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national
origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end may be
sentenced to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2022, section 609.2233, is amended to read:
609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221, 609.222, or 609.223 new text begin in whole or in substantial
partnew text end because of the victim's or another person's actual or perceived race, color, new text begin ethnicity,
new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national
origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end is subject
to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise
applicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
new text begin
[609.247] CARJACKING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Carjacking" means taking a motor vehicle from the person or in the presence of
another while having knowledge of not being entitled to the motor vehicle and using or
threatening the imminent use of force against any person to overcome the person's resistance
or powers of resistance to, or to compel acquiescence in, the taking of the motor vehicle.
new text end
new text begin
(c) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, clause (10).
new text end
new text begin Subd. 2. new text end
new text begin First degree. new text end
new text begin
Whoever, while committing a carjacking, is armed with a
dangerous weapon or any article used or fashioned in a manner to lead the victim to
reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is
guilty of carjacking in the first degree and may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $35,000, or both.
new text end
new text begin Subd. 3. new text end
new text begin Second degree. new text end
new text begin
Whoever, while committing a carjacking, implies, by word or
act, possession of a dangerous weapon, is guilty of carjacking in the second degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both.
new text end
new text begin Subd. 4. new text end
new text begin Third degree. new text end
new text begin
Whoever commits carjacking under any other circumstances is
guilty of carjacking in the third degree and may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.25, subdivision 2, is amended to read:
Subd. 2.
Sentence.
Whoever violates subdivision 1 may be sentenced as follows:
(1) if the victim is released in a safe place without great bodily harm, to imprisonment
for not more than 20 years or to payment of a fine of not more than $35,000, or both; or
(2) deleted text begin if the victim is not released in a safe place, or if the victim suffers great bodily harm
during the course of the kidnapping, or if the person kidnapped is under the age of 16,deleted text end to
imprisonment for not more than 40 years or to payment of a fine of not more than $50,000,
or bothnew text begin if:
new text end
new text begin
(i) the victim is not released in a safe place;
new text end
new text begin
(ii) the victim suffers great bodily harm during the course of the kidnapping; or
new text end
new text begin (iii) the person kidnapped is under the age of 16new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.269, is amended to read:
609.269 EXCEPTION.
Sections 609.2661 to 609.268 do not apply to deleted text begin any act described in section 145.412.deleted text end new text begin a
person providing reproductive health care offered, arranged, or furnished:
new text end
new text begin
(1) for the purpose of terminating a pregnancy; and
new text end
new text begin
(2) with the consent of the pregnant individual or the pregnant individual's representative,
except in a medical emergency in which consent cannot be obtained.
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.
Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Subd. 3.
Sentence.
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.522;new text end 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
the United States, or a foreign jurisdiction, in conformity with any of those sections, and
the person received a felony or gross misdemeanor sentence for the offense, or a sentence
that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
new text begin
[609.522] ORGANIZED RETAIL THEFT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Pattern of retail theft" means acts committed or directed by the defendant on at least
two separate occasions in the preceding six months that would constitute a violation of:
new text end
new text begin
(1) section 609.52, subdivision 2, paragraph (a), clauses (1), (3), and (4), involving retail
merchandise;
new text end
new text begin
(2) section 609.521;
new text end
new text begin
(3) section 609.53, subdivision 1, involving retail merchandise;
new text end
new text begin
(4) section 609.582 when the building was a retail establishment; or
new text end
new text begin
(5) section 609.59.
new text end
new text begin
(c) "Retail establishment" means the building where a retailer sells retail merchandise.
new text end
new text begin
(d) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.
new text end
new text begin
(e) "Retail theft enterprise" means a group of two or more individuals with a shared goal
involving the unauthorized removal of retail merchandise from a retailer. Retail theft
enterprise does not require the membership of the enterprise to remain the same or that the
same individuals participate in each offense committed by the enterprise.
new text end
new text begin
(f) "Retailer" means a person or entity that sells retail merchandise.
new text end
new text begin
(g) "Value" means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft.
new text end
new text begin Subd. 2. new text end
new text begin Organized retail theft. new text end
new text begin
A person is guilty of organized retail theft if:
new text end
new text begin
(1) the person is employed by or associated with a retail theft enterprise;
new text end
new text begin
(2) the person has previously engaged in a pattern of retail theft and intentionally commits
an act or directs another member of the retail theft enterprise to commit an act involving
retail merchandise that would constitute a violation of:
new text end
new text begin
(i) section 609.52, subdivision 2, paragraph (a), clauses (1), (3), and (4); or
new text end
new text begin
(ii) section 609.53, subdivision 1; and
new text end
new text begin
(3) the person or another member of the retail theft enterprise:
new text end
new text begin
(i) resells or intends to resell the stolen retail merchandise;
new text end
new text begin
(ii) advertises or displays any item of the stolen retail merchandise for sale; or
new text end
new text begin
(iii) returns any item of the stolen retail merchandise to a retailer for anything of value.
new text end
new text begin Subd. 3. new text end
new text begin Sentence. new text end
new text begin
Whoever commits organized retail theft may be sentenced as follows:
new text end
new text begin
(1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$35,000, or both, if the value of the property stolen exceeds $5,000;
new text end
new text begin
(2) to imprisonment for not more than seven years or to payment of a fine of not more
than $14,000, or both, if either of the following circumstances exist:
new text end
new text begin
(i) the value of the property stolen is more than $1,000 but not more than $5,000; or
new text end
new text begin
(ii) the value of the property is more than $500 but not more than $1,000 and the person
commits the offense within ten years of the first of two or more convictions under this
section, section 256.98; 268.182; 609.24; 609.245; 609.52; 609.53; 609.582, subdivision
1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony or gross misdemeanor sentence;
new text end
new text begin
(3) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if either of the following circumstances exist:
new text end
new text begin
(i) the value of the property stolen is more than $500 but not more than $1,000; or
new text end
new text begin
(ii) the value of the property is $500 or less and the person commits the offense within
ten years of a previous conviction under this section, section 256.98; 268.182; 609.24;
609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or a foreign jurisdiction, in
conformity with any of those sections, and the person received a felony or gross misdemeanor
sentence for the offense, or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony or gross misdemeanor
sentence; or
new text end
new text begin
(4) to imprisonment of not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property stolen is $500 or less.
new text end
new text begin Subd. 4. new text end
new text begin Aggregation. new text end
new text begin
The value of the retail merchandise received by the defendant
in violation of this section within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this subdivision; provided that when two
or more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this subdivision.
new text end
new text begin Subd. 5. new text end
new text begin Enhanced penalty. new text end
new text begin
If a violation of this section creates a reasonably foreseeable
risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as
follows:
new text end
new text begin
(1) if the penalty is a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine of not more
than $5,000, or both; and
new text end
new text begin
(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read:
Subd. 3.
Burglary in the third degree.
new text begin (a) Except as otherwise provided in this section,
new text end whoever enters a building without consent and with intent to steal or commit any felony or
gross misdemeanor while in the building, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.
new text begin
(b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the third degree and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
new text end
new text begin
(1) the person enters the building within one year after being told to leave the building
and not return; and
new text end
new text begin
(2) the person has been convicted within the preceding five years for an offense under
this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625,
609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received a felony
sentence for the offense or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:
Subd. 4.
Burglary in the fourth degree.
new text begin (a) new text end Whoever enters a building without consent
and with intent to commit a misdemeanor other than to steal, or enters a building without
consent and commits a misdemeanor other than to steal while in the building, either directly
or as an accomplice, commits burglary in the fourth degree and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
new text begin
(b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the fourth degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the person enters the building within
one year after being told to leave the building and not return.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:
Subd. 1a.
Criminal damage to property in the second degree.
(a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), deleted text begin because of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origindeleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than one year and a day or to payment of a fine of not more
than $3,000, or bothdeleted text begin .deleted text end new text begin , if the damage:
new text end
new text begin
(1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03;
new text end
new text begin
(2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03; or
new text end
new text begin
(3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
new text end
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the offenses was committed for all of the offenses aggregated
under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:
Subd. 2.
Criminal damage to property in the third degree.
(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
reduces the value of the property by more than $500 but not more than $1,000 as measured
by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent deleted text begin because of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
or national origindeleted text end may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
property by not more than $500deleted text begin .deleted text end new text begin and:
new text end
new text begin
(1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03;
new text end
new text begin
(2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03; or
new text end
new text begin
(3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
new text end
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 609.67, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) "Machine gun" means any firearm designed to discharge,
or capable of discharging automatically more than once by a single function of the trigger.
(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended
to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single projectile for each
single pull of the trigger.
(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18
inches in length and any weapon made from a shotgun if such weapon as modified has an
overall length less than 26 inches.
(d) "Trigger activator" meansnew text begin :
new text end
new text begin (1)new text end a removable manual or power driven trigger activating device constructed and
designed so that, when attached to a firearm, the rate at which the trigger may be pulled
increases and the rate of fire of the firearm increases to that of a machine gunnew text begin ; or
new text end
new text begin (2) a device that allows a semiautomatic firearm to shoot more than one shot with a
single pull of the trigger or by harnessing the recoil of energy of the semiautomatic firearm
to which it is affixed so that the trigger resets and continues firing without additional physical
manipulation of the triggernew text end .
(e) "Machine gun conversion kit" means any part or combination of parts designed and
intended for use in converting a weapon into a machine gun, and any combination of parts
from which a machine gun can be assembled, but does not include a spare or replacement
part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to offenses
that occur on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2022, section 609.67, subdivision 2, is amended to read:
Subd. 2.
Acts prohibited.
new text begin (a) new text end Except as otherwise provided herein, whoever owns,
possesses, or operates a machine gun, new text begin or new text end any trigger activator or machine gun conversion
kitdeleted text begin , or a short-barreled shotgundeleted text end may be sentenced to imprisonment for not more than deleted text begin fivedeleted text end new text begin
20new text end years or to payment of a fine of not more than deleted text begin $10,000deleted text end new text begin $35,000new text end , or both.
new text begin
(b) Except as otherwise provided herein, whoever owns, possesses, or operates a
short-barreled shotgun may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to offenses
that occur on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read:
Subdivision 1.
Surreptitious intrusion; observation device.
(a) A person is guilty of
a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
new text begin
(e) A person is guilty of a gross misdemeanor who:
new text end
new text begin
(1) uses any device for photographing, recording, or broadcasting an image of an
individual in a house or place of dwelling; a sleeping room of a hotel as defined in section
327.70, subdivision 3; a tanning booth; a bathroom; a locker room; a changing room; an
indoor shower facility; or any place where a reasonable person would have an expectation
of privacy; and
new text end
new text begin
(2) does so with the intent to photograph, record, or broadcast an image of the individual's
intimate parts, as defined in section 609.341, subdivision 5, without the consent of the
individual.
new text end
new text begin
(f) A person is guilty of a misdemeanor who:
new text end
new text begin
(1) surreptitiously installs or uses any device for observing, photographing, recording,
or broadcasting an image of an individual's intimate parts, as defined in section 609.341,
subdivision 5, or the clothing covering the immediate area of the intimate parts;
new text end
new text begin
(2) observes, photographs, or records the image under or around the individual's clothing;
and
new text end
new text begin
(3) does so with intent to intrude upon or interfere with the privacy of the individual.
new text end
deleted text begin (e)deleted text end new text begin (g)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:
(1) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end after a previous conviction
under this subdivision or section 609.749; or
(2) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end against a minor under the
age of 18, knowing or having reason to know that the minor is present.
deleted text begin (f)deleted text end new text begin (h)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) deleted text begin ordeleted text end new text begin ,new text end (d)new text begin , or (e)new text end against a minor victim under the age of 18; (2) the
person is more than 36 months older than the minor victim; (3) the person knows or has
reason to know that the minor victim is present; and (4) the violation is committed with
sexual intent.
new text begin
(i) A person is guilty of a gross misdemeanor if the person:
new text end
new text begin
(1) violates paragraph (f) after a previous conviction under this subdivision or section
609.749; or
new text end
new text begin
(2) violates paragraph (f) against a minor under the age of 18, knowing or having reason
to know that the victim is a minor.
new text end
new text begin
(j) A person is guilty of a felony if the person violates paragraph (f) after two or more
convictions under this subdivision or section 609.749.
new text end
deleted text begin (g) Paragraphsdeleted text end new text begin (k) Paragraphnew text end (b) deleted text begin anddeleted text end new text begin ,new text end (d) deleted text begin dodeleted text end new text begin , or (e) doesnew text end not apply to law enforcement
officers or corrections investigators, or to those acting under their direction, while engaged
in the performance of their lawful duties. Paragraphs (c) deleted text begin anddeleted text end new text begin ,new text end (d)new text begin , and (e)new text end do not apply to
conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the
establishment has posted conspicuous signs warning that the premises are under surveillance
by the owner or the owner's employees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:
Subd. 3.
Aggravated violations.
(a) A person who commits any of the following acts
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in subdivision 2 new text begin in whole or in substantial partnew text end because
of the victim's or another's actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender,
new text end sexual orientation, new text begin gender identity, gender expression, age, national origin, or new text end disability as
defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03new text end ;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used
in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial
proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2022, section 609.78, subdivision 2a, is amended to read:
Subd. 2a.
Felony offense; reporting fictitious emergency resulting in serious
injury.
Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentencednew text begin
as follows:
new text end
new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the call triggers an emergency response and, as a result of the response,
someone suffers great bodily harm or deathdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) to imprisonment of not more than three years or to payment of a fine of not more
than $10,000, or both, if the call triggers an emergency response and as a result of the
response, someone suffers substantial bodily harm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2022, section 617.22, is amended to read:
617.22 CONCEALING BIRTH.
deleted text begin Everydeleted text end new text begin Anynew text end person who deleted text begin shall endeavordeleted text end new text begin attemptsnew text end to conceal the birth of a child by any
disposition of its dead body, deleted text begin whetherdeleted text end new text begin whennew text end the child died deleted text begin before ordeleted text end after its birth, shall be
guilty of a misdemeanor. deleted text begin Every person who, having been convicted of endeavoring to
conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall,
subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be
punished by imprisonment for not more than five years.deleted text end new text begin This section does not apply to the
disposition of remains resulting from an abortion or miscarriage.
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. 21.
Minnesota Statutes 2022, section 617.26, is amended to read:
617.26 MAILING AND CARRYING OBSCENE MATTER.
Every person who shall deposit or cause to be deposited in any post office in the state,
or place in charge of any express company or other common carrier or person for
transportation, any of the articles or things specified in section deleted text begin 617.201 ordeleted text end 617.241, or any
circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having
the same conveyed by mail, express, or in any other manner; or who shall knowingly or
willfully receive the same with intent to carry or convey it, or shall knowingly carry or
convey the same by express, or in any other manner except by United States mail, shall be
guilty of a misdemeanor. The provisions of this section deleted text begin and section 617.201deleted text end shall not be
construed to apply to an article or instrument used by physicians lawfully practicing, or by
their direction or prescription, for the cure or prevention of disease.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
Minnesota Statutes 2022, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found
or made and filed in the proper court within five years after the commission of the offense.
new text begin
(j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (k)deleted text end new text begin (l)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (l)deleted text end new text begin (m)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (m)deleted text end new text begin (n)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2023.
new text end
Sec. 23. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end
new text begin
(a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3,
4, and 5, are revived and reenacted on the effective date of this section to expand the focus
of the task force's duties and work beyond the intersection of felony murder and aiding and
abetting liability for felony murder to more generally apply to the broader issues regarding
the state's felony murder doctrine and aiding and abetting liability schemes discussed in
"Task Force on Aiding and Abetting Felony Murder," Report to the Minnesota Legislature,
dated February 1, 2022, "The Task Force's recommendations," number 4.
new text end
new text begin
(b) On or before January 15, 2024, the task force shall submit a report to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over crime and sentencing on the findings and recommendations
of the task force.
new text end
new text begin
(c) The task force expires January 16, 2024, or the day after submitting its report under
paragraph (b), whichever is earlier.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 24. new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER;
RETROACTIVE APPLICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
Any person convicted of a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), under the
theory of liability for crimes of another and who is in the custody of the commissioner of
corrections or under court supervision is entitled to petition to have the person's conviction
vacated pursuant to this section.
new text end
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin
As used in this section, "major participant" has the meaning given
in Minnesota Statutes, section 609.05, subdivision 2a, paragraph (c).
new text end
new text begin Subd. 3. new text end
new text begin Notification. new text end
new text begin
(a) By December 1, 2023, the commissioner of corrections shall
notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary
application for relief if:
new text end
new text begin
(1) the person was convicted for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), and the person:
new text end
new text begin
(i) did not cause the death of a human being; and
new text end
new text begin
(ii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
new text end
new text begin
(2) the person was convicted for a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), and the person:
new text end
new text begin
(i) did not cause the death of a human being; and
new text end
new text begin
(ii) was not a major participant in the underlying felony and did not act with extreme
indifference to human life.
new text end
new text begin
(b) The notice shall include the address of the Ramsey County District Court court
administration.
new text end
new text begin
(c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end
new text begin Subd. 4. new text end
new text begin Preliminary application. new text end
new text begin
(a) An applicant shall submit a preliminary application
to the Ramsey County District Court. The preliminary application must contain:
new text end
new text begin
(1) the applicant's name and, if different, the name under which the person was convicted;
new text end
new text begin
(2) the applicant's date of birth;
new text end
new text begin
(3) the district court case number of the case for which the person is seeking relief;
new text end
new text begin
(4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end
new text begin
(5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end
new text begin
(6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
to relief under this section from a conviction for the death of a human being caused by
another; and
new text end
new text begin
(7) the name and address of any attorney representing the applicant.
new text end
new text begin
(b) The preliminary application may contain:
new text end
new text begin
(1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end
new text begin
(2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end
new text begin
(c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end
new text begin
(d) Any person seeking relief under this section must submit a preliminary application
no later than October 1, 2025. Submission is complete upon mailing.
new text end
new text begin
(e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end
new text begin Subd. 5. new text end
new text begin Review of preliminary application. new text end
new text begin
(a) Upon receipt of a preliminary
application, the court administrator of the Ramsey County District Court shall immediately
direct attention of the filing thereof to the chief judge or judge acting on the chief judge's
behalf who shall promptly assign the matter to a judge in said district.
new text end
new text begin
(b) The judicial branch may appoint a special master to review preliminary applications
and may assign additional staff as needed to assist in the review of preliminary applications.
new text end
new text begin
(c) Within 90 days of the Ramsey County District Court receiving the preliminary
application, the reviewing judge shall determine whether, in the discretion of that judge,
there is a reasonable probability that the application is entitled to relief under this section.
new text end
new text begin
(d) In making the determination under paragraph (c), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application
and may consider relevant records in the possession of the judicial branch.
new text end
new text begin
(e) The court may summarily deny an application when:
new text end
new text begin
(1) the application does not contain the information required under subdivision 4,
paragraph (a);
new text end
new text begin
(2) the applicant is not in the custody of the commissioner of corrections or under court
supervision;
new text end
new text begin
(3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), for crimes committed before
August 1, 2023; or
new text end
new text begin
(4) the issues raised in the application are not relevant to the relief available under this
section or have previously been decided by the court of appeals or the supreme court in the
same case.
new text end
new text begin
(f) The court may also summarily deny an application if the applicant has filed a second
or successive preliminary application, any prior application was denied for a reason other
than that it did not contain the information required under subdivision 4, paragraph (a), and:
new text end
new text begin
(1) the reviewing judge previously determined that there was a reasonable probability
that the applicant was entitled to relief, but a court determined that the petitioner did not
qualify for relief under subdivision 7;
new text end
new text begin
(2) a previous application was submitted by an attorney representing the applicant; or
new text end
new text begin
(3) the reviewing judge previously determined that there was not a reasonable probability
that the applicant is entitled to relief, the second or successive preliminary application does
not contain any additional information described in subdivision 4, paragraph (b), and the
second or successive preliminary application was submitted by someone other than an
attorney representing the applicant.
new text end
new text begin
(g) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
the event the applicant is without counsel, the reviewing judge shall send notice to the state
public defender and shall advise the applicant of the referral.
new text end
new text begin
(h) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any. The notice must contain a brief statement explaining the reasons the
reviewing judge concluded that there is not a reasonable probability that the applicant is
entitled to relief.
new text end
new text begin Subd. 6. new text end
new text begin Petition for relief; hearing. new text end
new text begin
(a) Unless extended for good cause, within 60
days of filing of the notice sent pursuant to subdivision 5, paragraph (g), the individual
seeking relief shall file and serve a petition to vacate the conviction. The petition must be
filed in the district court of the judicial district in the county where the conviction took place
and must contain the information identified in subdivision 4, paragraph (a), and a statement
of why the petitioner is entitled to relief. The petition may contain any other relevant
information, including police reports, trial transcripts, and plea transcripts involving the
petitioner or any other person investigated for, charged with, or convicted of a crime arising
out of the same set of circumstances for which the petitioner was convicted. The filing of
the petition and any document subsequent thereto and all proceedings thereon shall be
without costs or any fees charged to the petitioner.
new text end
new text begin
(b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable
effort to notify any person determined to be a victim of the underlying offense that a petition
has been filed.
new text end
new text begin
(c) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a)
unless extended for good cause. The response shall be filed with the court administrator of
the district court and served on the petitioner if unrepresented or on the petitioner's attorney.
The response may serve notice of the intent to support the petition or include a statement
explaining why the petitioner is not entitled to relief along with any supporting documents.
The filing of the response and any document subsequent thereto and all proceedings thereon
shall be without costs or any fees charged to the county attorney.
new text end
new text begin
(d) The petitioner may file a reply to the response filed by the county attorney within
15 days after the response is filed, unless extended for good cause.
new text end
new text begin
(e) Within 30 days of the filing of the reply from the petition or, if no reply is filed,
within 30 days of the filing of the response from the county attorney, the court shall:
new text end
new text begin
(1) issue an order and schedule the matter for sentencing or resentencing pursuant to
subdivision 7 if the county attorney indicates an intent to support the petition;
new text end
new text begin
(2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section and include a memorandum identifying the additional information or submissions
and explaining the reasons why the court concluded that there is not a reasonable probability
that the applicant is entitled to relief; or
new text end
new text begin
(3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end
new text begin
(f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
shall make a good faith and reasonable effort to notify any person determined to be a victim
of the hearing.
new text end
new text begin Subd. 7. new text end
new text begin Determination; order; resentencing. new text end
new text begin
(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.
new text end
new text begin
(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of
the evidence that the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) was not a major participant in the underlying felony and did not act with extreme
indifference to human life.
new text end
new text begin
(c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If the court determines that the petitioner is entitled to
relief, the court shall issue an order vacating the conviction for a violation of Minnesota
Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1),
and either:
new text end
new text begin
(1) resentence the petitioner for the most serious remaining offense for which the
petitioner was convicted; or
new text end
new text begin
(2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court.
new text end
new text begin
(d) The new sentence announced by the court under this section must be for the most
serious predicate felony unless the most serious remaining offense for which the petitioner
was convicted is that offense or a more serious offense.
new text end
new text begin
(e) If, pursuant to paragraph (c), the court either resentences a petitioner or imposes a
sentence, the court shall also resentence the petitioner for any other offense if the sentence
was announced by a district court of the same county, the sentence was either ordered to
be served consecutively to the vacated conviction or the criminal history calculation for
that sentence included the vacated sentence, and the changes made pursuant to paragraph
(c) would have resulted in a different criminal history score being used at the time of
sentencing.
new text end
new text begin
(f) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end
new text begin
(g) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
was serving a stayed sentence, increase the period of supervision. The court may increase
the period of confinement for a sentence that was ordered to be served consecutively to the
vacated conviction based on a change in the appropriate criminal history score provided the
court does not increase the petitioner's total period of confinement. A person resentenced
under this paragraph is entitled to credit for time served in connection with the vacated
offense.
new text end
new text begin
(h) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 25. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20;
617.201; 617.202; 617.21; 617.28; and 617.29,
new text end
new text begin
are repealed.
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
ARTICLE 5
PUBLIC SAFETY AND CRIME VICTIMS
Section 1.
Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:
Subd. 2.
Contents of notice.
The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall develop
the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:
(1) the obligation under section 609.35 of the deleted text begin county where the criminal sexual conduct
occurreddeleted text end new text begin statenew text end to pay for the examination performed for the purpose of gathering evidence,
that payment is not contingent on the victim reporting the criminal sexual conduct to law
enforcement, and that the victim may incur expenses for treatment of injuries;
(2) the victim's rights if the crime is reported to law enforcement, including the victim's
right to apply for reparations under sections 611A.51 to 611A.68, information on how to
apply for reparations, and information on how to obtain an order for protection or a
harassment restraining order; and
(3) the opportunity under section 611A.27 to obtain status information about an
unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1,
paragraph (h).
Sec. 2.
Minnesota Statutes 2022, section 145.4712, is amended to read:
145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.
Subdivision 1.
Emergency care to female sexual assault victims.
(a) It shall be the
standard of care for all hospitals new text begin and other health care providers new text end that provide emergency
care to, at a minimum:
(1) provide each female sexual assault victim with medically and factually accurate and
unbiased written and oral information about emergency contraception from the American
College of Obstetricians and Gynecologists and distributed to all hospitals by the Department
of Health;
(2) orally inform each female sexual assault victim of the option of being provided with
emergency contraception at the hospitalnew text begin or other health care facilitynew text end ; and
(3) immediately provide emergency contraception to each sexual assault victim who
requests it provided it is not medically contraindicated and is ordered by a legal prescriber.
Emergency contraception shall be administered in accordance with current medical protocols
regarding timing and dosage necessary to complete the treatment.
(b) A hospital new text begin or health care provider new text end may administer a pregnancy test. If the pregnancy
test is positive, the hospital new text begin or health care provider new text end does not have to comply with the
provisions in paragraph (a).
Subd. 2.
Emergency care to male and female sexual assault victims.
It shall be the
standard of care for all hospitals new text begin and health care providers new text end that provide emergency care to,
at a minimum:
(1) provide each sexual assault victim with factually accurate and unbiased written and
oral medical information about prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseasesdeleted text end new text begin infectionsnew text end ;
(2) orally inform each sexual assault victim of the option of being provided prophylactic
antibiotics for treatment of sexually transmitted deleted text begin diseasesdeleted text end new text begin infectionsnew text end at the hospitalnew text begin or other
health care facilitynew text end ; and
(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseasesdeleted text end new text begin infectionsnew text end to each sexual assault victim who requests it, provided it is not medically
contraindicated and is ordered by a legal prescriber.
Sec. 3.
Minnesota Statutes 2022, section 169A.40, subdivision 3, is amended to read:
Subd. 3.
Certain DWI offenders; custodial arrest.
new text begin (a) new text end Notwithstanding rule 6.01 of
the Rules of Criminal Procedure, a peace officer acting without a warrant who has decided
to proceed with the prosecution of a person for violating section 169A.20 (driving while
impaired), shall arrest and take the person into custodydeleted text begin , and the person must be detained
until the person's first court appearance,deleted text end if the officer has reason to believe that the violation
occurred:
(1) under the circumstances described in section 169A.24 (first-degree driving while
impaired) deleted text begin ordeleted text end new text begin ;
new text end
new text begin (2) under the circumstances described in sectionnew text end 169A.25 (second-degree driving while
impaired);
deleted text begin (2)deleted text end new text begin (3)new text end under the circumstances described in section 169A.26 (third-degree driving while
impaired) if the person is under the age of 19;
deleted text begin (3)deleted text end new text begin (4)new text end in the presence of an aggravating factor described in section 169A.03, subdivision
3, clause (2) or (3); or
deleted text begin (4)deleted text end new text begin (5)new text end while the person's driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (10) (persons not eligible for drivers' licenses, inimical
to public safety).
new text begin
(b) A person described in paragraph (a), clause (1) or (5), must be detained until the
person's first court appearance.
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. 4.
Minnesota Statutes 2022, section 169A.41, subdivision 1, is amended to read:
Subdivision 1.
When authorized.
When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from
a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may
be violating or has violated section 169A.20 (driving while impaired), 169A.31
(alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and
driving),new text begin or an alcohol-related violation of section 221.0314 or 221.605 committed by a
driver of a commercial vehicle,new text end the officer may require the driver to provide a sample of
the driver's breath for a preliminary screening test using a device approved by the
commissioner for this purpose.
Sec. 5.
Minnesota Statutes 2022, section 169A.41, subdivision 2, is amended to read:
Subd. 2.
Use of test results.
The results of this preliminary screening test must be used
for the purpose of deciding whether an arrest should be made and whether to require the
tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used
in any court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51,
subdivision 1;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while
impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section
169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause
(2) (underage alcohol consumption);
(6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus
driving), or 171.30 (limited license); deleted text begin or
deleted text end
(7) in a prosecution for a violation of a restriction on a driver's license under section
171.09, which provides that the license holder may not use or consume any amount of
alcohol or a controlled substancedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(8) in a prosecution for a violation of Code of Federal Regulations, title 49, part 392, as
adopted in sections 221.0314, subdivision 6, and 221.605.
new text end
Sec. 6.
Minnesota Statutes 2022, section 169A.44, is amended to read:
169A.44 CONDITIONAL RELEASE.
Subdivision 1.
Nonfelony violations.
(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(b)new text begin Except as provided in subdivision 3,new text end unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees to:
(1) abstain from alcohol; and
(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.
Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol monitoring, to the extent the person is able to pay.
Subd. 2.
Felony violations.
(a)new text begin Except as provided in subdivision 3,new text end a person charged
with violating section 169A.20 within ten years of the first of three or more qualified prior
impaired driving incidents may be released from detention only if the following conditions
are imposed:
(1) the conditions described in subdivision 1, paragraph (b), if applicable;
(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;
(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;
(4) a requirement that the person report weekly to a probation agent;
(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;
(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release under paragraph (a), if required by
court rule, the court shall also fix the amount of money bail without other conditions upon
which the defendant may obtain release.
new text begin Subd. 3. new text end
new text begin Exception; ignition interlock program. new text end
new text begin
(a) A court is not required, either
when initially reviewing a person's release or when modifying the terms of the person's
release, to order a person charged with violating section 169A.24 (first-degree driving while
impaired), 169A.25 (second-degree driving while impaired), or 169A.26 (third-degree
driving while impaired) to submit to a program of electronic alcohol monitoring under
subdivision 1 or 2 if the person becomes a program participant in the ignition interlock
program under section 171.306.
new text end
new text begin
(b) A judicial officer, county agency, or probation office may not require or suggest that
the person use a particular ignition interlock vendor when complying with this subdivision
but may provide the person with a list of all Minnesota vendors of certified devices.
new text end
new text begin
(c) Paragraph (b) does not apply in counties where a contract exists for a specific vendor
to provide interlock device service for program participants who are indigent pursuant to
section 171.306, subdivision 2, paragraph (b), clause (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. 7.
Minnesota Statutes 2022, section 169A.60, subdivision 2, is amended to read:
Subd. 2.
Plate impoundment violation; impoundment order.
(a) The commissioner
shall issue a registration plate impoundment order when:
(1) a person's driver's license or driving privileges are revoked for a plate impoundment
violation;
(2) a person is arrested for or charged with a plate impoundment violation described in
subdivision 1, paragraph (d), clause (5); or
(3) a person issued new registration plates pursuant to subdivision 13, paragraph (f),
violates the terms of the ignition interlock program as described in subdivision 13, paragraph
(g).
(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation deleted text begin and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and anotherdeleted text end . The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to acts
occurring on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 171.306, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Choice of vendor. new text end
new text begin
(a) A judicial officer, county agency, or probation office
may not require or suggest that a person participating in the ignition interlock program under
this section use a particular ignition interlock vendor but may provide the person with a list
of all Minnesota vendors of certified devices.
new text end
new text begin
(b) Paragraph (a) does not apply in counties where a contract exists for a specific vendor
to provide interlock device service for program participants who are indigent pursuant to
subdivision 2, paragraph (b), clause (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. 9.
Minnesota Statutes 2022, section 256I.04, subdivision 2g, is amended to read:
Subd. 2g.
Crisis shelters.
Secure crisis shelters for deleted text begin battered womendeleted text end new text begin victims of domestic
abusenew text end and their children designated by the Minnesota Department of deleted text begin Correctionsdeleted text end new text begin Public
Safetynew text end are not eligible for housing support under this chapter.
Sec. 10.
Minnesota Statutes 2022, section 297I.06, subdivision 1, is amended to read:
Subdivision 1.
Insurance policies surcharge.
(a) Except as otherwise provided in
subdivision 2, each licensed insurer engaged in writing policies of homeowner's insurance
authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire policies or
commercial nonliability policies shall collect a surcharge as provided in this paragraph.
deleted text begin Through June 30, 2013,deleted text end The surcharge is equal to 0.65 percent of the gross premiums and
assessments, less return premiums, on direct business received by the company, or by its
agents for it, for homeowner's insurance policies, commercial fire policies, and commercial
nonliability insurance policies in this state. deleted text begin Beginning July 1, 2013, the surcharge is 0.5
percent.
deleted text end
(b) The surcharge amount collected under paragraph (a) or subdivision 2, paragraph (b),
may not be considered premium for any other purpose. The surcharge amount under
paragraph (a) must be separately stated on either a billing or policy declaration or document
containing similar information sent to an insured.
(c) Amounts collected by the commissioner under this section must be deposited in the
fire safety account established pursuant to subdivision 3.
Sec. 11.
new text begin
[299A.012] ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
new text end
new text begin
(a) The commissioner may accept donations, nonfederal grants, bequests, and other gifts
of money to carry out the purposes of chapter 299A. The commissioner may not accept any
contributions under this section unless the contributions can be applied to divisions and
programs that are related to statutory duties of the department. Donations, nonfederal grants,
bequests, or other gifts of money accepted by the commissioner must be deposited in an
account in the special revenue fund and are appropriated to the commissioner for the purpose
for which the money was given if the department is authorized to conduct that activity under
this chapter.
new text end
new text begin
(b) By January 15 of each year, the commissioner shall report to the chairs and ranking
minority members of the senate and house of representatives committees with jurisdiction
over public safety policy and finance on the money received under this section, the sources
of the money, and the specific purposes for which it was used.
new text end
Sec. 12.
Minnesota Statutes 2022, section 299A.296, is amended to read:
299A.296 COMMUNITY CRIME new text begin INTERVENTION AND new text end PREVENTION
PROGRAMS; GRANTS.
Subdivision 1.
Programs.
The commissioner shalldeleted text begin , in consultation with the chemical
abuse and violence prevention council,deleted text end administer a grant program to fund community-based
programs that deleted text begin are designed to enhance the community's sense of personal security and to
assist the community in its crime control and prevention effortsdeleted text end new text begin operate crime or violence
prevention and intervention programs that provide direct services to community members.
Programs must be culturally competent and identify specific outcomes that can be tracked
and measured to demonstrate the impact the program has on community crime and violencenew text end .
Examples of qualifying programs include, but are not limited to, the following:
(1) community-based programs designed to provide services for children deleted text begin under 14 years
of agedeleted text end new text begin and youthnew text end who are juvenile offenders deleted text begin or who are at risk of becoming juvenile
offendersdeleted text end . The programs must give priority to:
(i) juvenile restitution;
(ii) prearrest or pretrial diversion, including through mediation;
(iii) probation innovation;
(iv) teen courts, community service; or
(v) post-incarceration alternatives to assist youth in returning to their communities;
(2) community-based programs designed to provide at-risk children and youth deleted text begin under 14
years of agedeleted text end with after-school and summer enrichment activities;
(3) community-based programs designed to discourage young people from involvement
in unlawful drug or street gang activities, such as neighborhood youth centers;
(4) neighborhood block clubs and innovative community-based crime prevention
programs;
(5) community- and school-based programs designed to enrich the educational, cultural,
or recreational opportunities of at-risk children and youth, including programs designed to
keep at-risk youth from dropping out of school and encourage school dropouts to return to
school;
(6) community-based programs designed to intervene with juvenile offenders who are
identified as likely to engage in repeated criminal activity in the future unless intervention
is undertaken;
(7) community-based collaboratives that coordinate multiple programs and funding
sources to address the needs of at-risk children and youth, including, but not limited to,
collaboratives that address the continuum of services for juvenile offenders and those who
are at risk of becoming juvenile offenders;
(8) programs that are proven successful at increasing the rate of school success or the
rate of postsecondary education attendance for high-risk students;
(9) deleted text begin community-based programs that provide services todeleted text end homeless deleted text begin youthdeleted text end new text begin assistance
programsnew text end ;
(10) programs designed to reduce truancy;
(11) other community- and school-based crime prevention programs that are innovative
and encourage substantial involvement by members of the community served by the program;
(12) community-based programs that attempt to prevent and new text begin educate on the risks of sex
trafficking, new text end ameliorate the effects of deleted text begin teenage prostitutiondeleted text end new text begin sex trafficking, or bothnew text end ;
(13) programs for mentoring at-risk youth, including youth at risk of gang involvement;
deleted text begin and
deleted text end
(14) programs operated by community violence prevention councilsnew text begin ;
new text end
new text begin
(15) programs that intervene in volatile situations to mediate disputes before they become
violent; and
new text end
new text begin (16) programs that provide services to individuals and families harmed by gun violencenew text end .
Subd. 2.
Grant procedure.
(a) A local unit of government or a nonprofit
community-based entity may apply for a grant by submitting an application with the
commissioner. The applicant shall specify the following in its application:
(1) a description of each program for which funding is sought;
(2) new text begin specific new text end outcomes and performance indicators for the program;
(3) a description of the planning process that identifies local community needs, surveys
existing programs, provides for coordination with existing programs, and involves all affected
sectors of the community;
(4) the geographical area to be served by the program;new text begin and
new text end
(5) deleted text begin statistical information as to the number of arrests in the geographical area for violent
crimes and for crimes involving Schedule I and II controlled substances. "Violent crime"
includes a violation of or an attempt or conspiracy to violate any of the following laws:
sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221;
609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344;
609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.687; or
any provision of chapter 152 that is punishable by a maximum sentence greater than ten
years; or Minnesota Statutes 2012, section 609.21; anddeleted text end new text begin crime data or other statistical
information to demonstrate the need for the proposed services.
new text end
deleted text begin
(6) the number of economically disadvantaged youth in the geographical areas to be
served by the program.
deleted text end
(b) The commissioner shall give priority to funding community-based collaboratives,
programs that demonstrate deleted text begin substantialdeleted text end involvement by members of the community served
by the programnew text begin , programs that have local government or law enforcement support, community
intervention and prevention programs that are reducing disparities in the communities they
serve,new text end and programs that deleted text begin either serve the geographical areas that have the highest crime
rates, as measured by the data supplied under paragraph (a), clause (5), or serve geographical
areas that have the largest concentrations of economically disadvantaged youth. Up to 2.5
percent of the appropriation may be used by the commissioner to administer the programdeleted text end new text begin
serve communities disproportionately impacted by violent crimenew text end .
Sec. 13.
Minnesota Statutes 2022, section 299A.38, is amended to read:
299A.38 SOFT BODY ARMOR REIMBURSEMENT.
Subdivision 1.
Definitions.
As used in this section:
deleted text begin (a)deleted text end new text begin (1)new text end "commissioner" means the commissioner of public safetydeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) "firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state;
new text end
deleted text begin (b)deleted text end new text begin (3)new text end "peace officer" means a person who is licensed under section 626.84, subdivision
1, paragraph (c)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) "public safety officer" means a peace officer, firefighter, or qualified emergency
medical service provider;
new text end
new text begin
(5) "qualified emergency medical service provider" means a person certified under
section 144E.28 who is actively employed by a Minnesota licensed ambulance service; and
new text end
deleted text begin (c)deleted text end new text begin (6)new text end "vest" means bullet-resistant soft body armor that is flexible, concealable, and
custom fitted to the deleted text begin peacedeleted text end new text begin public safetynew text end officer to provide ballistic and trauma protection.
Subd. 2.
State and local reimbursement.
deleted text begin Peacedeleted text end new text begin Public safetynew text end officers and heads of
deleted text begin local law enforcementdeleted text end agencies new text begin and entities new text end who buy vests for the use of deleted text begin peacedeleted text end new text begin public safetynew text end
officer employees may apply to the commissioner for reimbursement of funds spent to buy
vests. On approving an application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-half of the vest's purchase price or $600, as
adjusted according to subdivision 2a. The deleted text begin political subdivisiondeleted text end new text begin agency or entitynew text end that employs
the deleted text begin peacedeleted text end new text begin public safetynew text end officer shall pay at least the lesser of one-half of the vest's purchase
price or $600, as adjusted according to subdivision 2a. The deleted text begin political subdivisiondeleted text end new text begin employernew text end
may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar
allowance otherwise provided to the deleted text begin peacedeleted text end new text begin public safetynew text end officer by the deleted text begin law enforcement
agencydeleted text end new text begin employernew text end .
Subd. 2a.
Adjustment of reimbursement amount.
On October 1, 2006, the
commissioner of public safety shall adjust the $600 reimbursement amounts specified in
subdivision 2, and in each subsequent year, on October 1, the commissioner shall adjust the
reimbursement amount applicable immediately preceding that October 1 date. The adjusted
rate must reflect the annual percentage change in the Consumer Price Index for all urban
consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year
period ending on the preceding June 1.
Subd. 3.
Eligibility requirements.
(a) Only vests that either meet or exceed the
requirements of standard 0101.03 of the National Institute of Justice or that meet or exceed
the requirements of that standard, except wet armor conditioning, are eligible for
reimbursement.
(b) Eligibility for reimbursement is limited to vests bought after December 31, 1986, by
or for deleted text begin peacedeleted text end new text begin public safetynew text end officers (1) who did not own a vest meeting the requirements of
paragraph (a) before the purchase, or (2) who owned a vest that was at least five years old.
(c) The requirement set forth in paragraph (b), clauses (1) and (2), shall not apply to any
deleted text begin peacedeleted text end new text begin public safetynew text end officer who purchases a vest constructed from a zylon-based material,
provided that the deleted text begin peacedeleted text end new text begin public safetynew text end officer provides proof of purchase or possession of
the vest prior to July 1, 2005.
Subd. 4.
Rules.
The commissioner may adopt rules under chapter 14 to administer this
section.
Subd. 5.
Limitation of liability.
A state agency, political subdivision of the state, deleted text begin ordeleted text end
state or local government employeenew text begin , or other entitynew text end that provides reimbursement for purchase
of a vest under this section is not liable to a deleted text begin peacedeleted text end new text begin public safetynew text end officer or the deleted text begin peacedeleted text end new text begin public
safetynew text end officer's heirs for negligence in the death of or injury to the deleted text begin peacedeleted text end new text begin public safetynew text end officer
because the vest was defective or deficient.
Subd. 6.
Right to benefits unaffected.
A deleted text begin peacedeleted text end new text begin public safetynew text end officer who is reimbursed
for the purchase of a vest under this section and who suffers injury or death because the
officer failed to wear the vest, or because the officer wore a vest that was defective or
deficient, may not lose or be denied a benefit or right, including a benefit under section
299A.44, to which the officer, or the officer's heirs, is otherwise entitled.
Sec. 14.
Minnesota Statutes 2022, section 299A.41, subdivision 3, is amended to read:
Subd. 3.
Killed in the line of duty.
new text begin (a) new text end "Killed in the line of duty" does not include
deaths from natural causes, except as provided in this subdivision. In the case of a public
safety officer, killed in the line of duty includes the death of a public safety officer caused
by accidental means while the public safety officer is acting in the course and scope of
duties as a public safety officer. Killed in the line of duty also means if a public safety officer
dies as the direct and proximate result of a heart attack, stroke, or vascular rupture, that
officer shall be presumed to have died as the direct and proximate result of a personal injury
sustained in the line of duty if:
(1) that officer, while on duty:
(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous
physical law enforcement, fire suppression, rescue, hazardous material response, emergency
medical services, prison security, disaster relief, or other emergency response activity; or
(ii) participated in a training exercise, and that participation involved nonroutine stressful
or strenuous physical activity;
(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
(i) while engaging or participating under clause (1);
(ii) while still on duty after engaging or participating under clause (1); or
(iii) not later than 24 hours after engaging or participating under clause (1); and
(3) the presumption is not overcome by competent medical evidence to the contrary.
new text begin
(b) "Killed in the line of duty" also means that the officer died due to suicide:
new text end
new text begin
(1) secondary to a diagnosis of posttraumatic stress disorder as described in the most
recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by
the American Psychiatric Association; or
new text end
new text begin
(2) within 45 days of the end of exposure, while on duty, to a traumatic event.
new text end
Sec. 15.
Minnesota Statutes 2022, section 299A.41, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Traumatic event. new text end
new text begin
"Traumatic event" means:
new text end
new text begin
(1) a homicide, suicide, or the violent or gruesome death of another individual, including
but not limited to a death resulting from a mass casualty event, mass fatality event, or mass
shooting;
new text end
new text begin
(2) a harrowing circumstance posing an extraordinary and significant danger or threat
to the life of or of serious bodily harm to any individual, including but not limited to a death
resulting from a mass casualty event, mass fatality event, or mass shooting; or
new text end
new text begin
(3) an act of criminal sexual violence committed against any individual.
new text end
Sec. 16.
Minnesota Statutes 2022, section 299A.48, is amended to read:
299A.48 CITATION.
Sections 299A.48 to 299A.52 and 299K.095 may be cited as the "Minnesota deleted text begin Hazardous
Materialsdeleted text end new text begin Emergencynew text end Incident Response Act."
Sec. 17.
Minnesota Statutes 2022, section 299A.49, is amended to read:
299A.49 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 299A.48 to 299A.52 and 299K.095,
the following terms have the meanings given deleted text begin themdeleted text end .
new text begin Subd. 1a. new text end
new text begin Bomb squad. new text end
new text begin
"Bomb squad" means a team trained, equipped, and authorized
by the commissioner to evaluate and provide disposal operations for bombs or other similar
hazardous explosives. Bomb squad includes a bomb disposal unit as defined in section
299C.063.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Chemical assessment team. deleted text end
deleted text begin
"Chemical assessment team" means a team (1)
trained, equipped, and authorized to evaluate and, when possible, provide simple mitigation
to a hazardous materials incident and (2) required to recommend to the local incident manager
the best means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous material, availability
of resources, or other relevant factors.
deleted text end
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of public safety.
new text begin Subd. 3a. new text end
new text begin Emergency response incident. new text end
new text begin
"Emergency response incident" means any
incident to which the response of a state emergency response asset is required.
new text end
Subd. 4.
Hazardous materials.
"Hazardous materials" means substances or materials
that, because of their chemical, physical, or biological nature, pose a potential risk to life,
health, or property if they are released. "Hazardous materials" includes any substance or
material in a particular form or quantity that may pose an unreasonable risk to health, safety,
and property, or any substance or material in a quantity or form that may be harmful to
humans, animals, crops, water systems, or other elements of the environment if accidentally
or intentionally released. Hazardous substances so designated may include explosives,
radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or
solids, poisons, oxidizing or corrosive materials, chemical and biological substances, and
toxic or flammable gases.
new text begin Subd. 4a. new text end
new text begin Hazardous materials emergency response team. new text end
new text begin
"Hazardous materials
emergency response team" means a team (1) trained, equipped, and authorized to evaluate
and, when possible, provide practical mitigation to a hazardous materials incident and (2)
required to recommend to the local incident manager the best means of controlling the
hazard after consideration of life safety concerns, environmental effects, exposure hazards,
quantity and type of hazardous material, availability of resources, and other relevant factors.
new text end
Subd. 5.
Local unit of government.
"Local unit of government" means a county, home
rule charter or statutory city, or town.
new text begin Subd. 5a. new text end
new text begin Minnesota air rescue team. new text end
new text begin
"Minnesota air rescue team" means a team trained,
equipped, and authorized by the commissioner to perform specialized air rescue operations.
new text end
Subd. 6.
Person.
"Person" means any individual, partnership, association, public or
private corporation or other entity including the United States government, any interstate
body, the state, and any agency, department, or political subdivision of the state.
deleted text begin Subd. 7. deleted text end
deleted text begin Regional Hazardous materials response team. deleted text end
deleted text begin
"Regional hazardous materials
response team" means a team trained and equipped to respond to and mitigate a hazardous
materials release. A regional hazardous materials response team may include strategically
located chemical assessment teams.
deleted text end
new text begin Subd. 8. new text end
new text begin State emergency response asset. new text end
new text begin
"State emergency response asset" means any
team or teams defined under this section.
new text end
new text begin Subd. 9. new text end
new text begin Urban search and rescue team (USAR). new text end
new text begin
"Urban search and rescue team" or
"USAR" means a team trained and equipped to respond to and carry out rescue and recovery
operations at the scene of a collapsed structure. A USAR team may include strategically
located fire department assets combined under one joint powers agreement.
new text end
Sec. 18.
Minnesota Statutes 2022, section 299A.50, is amended to read:
299A.50 RESPONSE PLAN.
Subdivision 1.
Elements of plan; rules.
After consultation with the commissioners of
natural resources, agriculture, transportation, and the Pollution Control Agency, the state
fire marshal, the Emergency Response Commission, appropriate technical emergency
response representatives, and representatives of affected parties, the commissioner shall
adopt rules to implement a statewide hazardous materials incident response plan. The plan
must include:
(1) the locations of deleted text begin up to five regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams,
based on the location of hazardous materials, response time, proximity to large population
centers, and other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(4) equipment needed for deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(5) procedures for selecting and contracting with local governments or nonpublic persons
to establish deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding
to an incident; and
(8) coordination with other state departments and agencies, local units of government,
other states, Indian tribes, the federal government, and other nonpublic persons.
Subd. 2.
Contract and agreement.
The commissioner may cooperate with and enter
into contracts with other state departments and agencies, local units of government, other
states, Indian tribes, the federal government, or nonpublic persons to implement thenew text begin
emergency incidentnew text end response plan.
Subd. 3.
Long-term oversight; transition.
When a deleted text begin regionaldeleted text end hazardous materialsnew text begin
emergencynew text end response team has completed its response to an incident, the commissioner shall
notify the commissioner of the Pollution Control Agency, which is responsible for assessing
environmental damage caused by the incident and providing oversight of monitoring and
remediation of that damage from the time the response team has completed its activities.
Sec. 19.
Minnesota Statutes 2022, section 299A.51, is amended to read:
299A.51 LIABILITY AND WORKERS' COMPENSATION.
Subdivision 1.
Liability.
During operations authorized under section 299A.50, members
of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating outside
their geographic jurisdiction are "employees of the state" as defined in section 3.736.
Subd. 2.
Workers' compensation.
During operations authorized under section 299A.50,
members of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating
outside their geographic jurisdiction are considered employees of the Department of Public
Safety for purposes of chapter 176.
Subd. 3.
Limitation.
A person who provides personnel and equipment to assist at the
scene of deleted text begin a hazardous materialsdeleted text end new text begin an emergencynew text end response incident outside the person's
geographic jurisdiction or property, at the request of the state or a local unit of government,
is not liable for any civil damages resulting from acts or omissions in providing the assistance,
unless the person acts in a willful and wanton or reckless manner in providing the assistance.
Sec. 20.
Minnesota Statutes 2022, section 299A.52, is amended to read:
299A.52 RESPONSIBLE deleted text begin PERSONdeleted text end new text begin PARTYnew text end .
Subdivision 1.
Response liability.
A responsible deleted text begin persondeleted text end new text begin partynew text end , as described in section
115B.03, is liable for the reasonable and necessary costs, including legal and administrative
costs, of response to deleted text begin a hazardous materialsdeleted text end new text begin an emergency responsenew text end incidentnew text begin or explosives
disposal under section 299C.063new text end incurred by a deleted text begin regional hazardous materials response teamdeleted text end new text begin
state emergency response assetnew text end or local unit of government. For the purposes of this section,
"hazardous substance" as used in section 115B.03 means "hazardous material" as defined
in section 299A.49.
Subd. 2.
Expense recovery.
The commissioner shall assess the responsible deleted text begin persondeleted text end new text begin partynew text end
for deleted text begin the regional hazardous materials response teamdeleted text end new text begin an emergency response asset'snew text end costs of
response. The commissioner may bring an action for recovery of unpaid costs, reasonable
attorney fees, and any additional court costs. 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.
Subd. 3.
Attempted avoidance of liability.
For purposes of sections 299A.48 to 299A.52
and 299K.095, a responsible deleted text begin persondeleted text end new text begin partynew text end may not avoid liability by conveying any right,
title, or interest in real property or by any indemnification, hold harmless agreement, or
similar agreement.
Sec. 21.
Minnesota Statutes 2022, section 299A.642, subdivision 15, is amended to read:
Subd. 15.
Required reports.
By February 1 of each year, the commissioner of public
safety shall submit the following reports to the chairs and ranking minority members of the
senate and house of representatives committees and divisions having jurisdiction over
criminal justice policy and funding:
(1) a report containing a summary of all audits conducted on multijurisdictional entities
under subdivision 4;
(2) a report on the results of audits conducted on data submitted to the criminal gang
investigative data system under section 299C.091; deleted text begin and
deleted text end
(3) a report on the activities and goals of the coordinating councilnew text begin ; and
new text end
new text begin (4) a report on how funds appropriated for violent crime reduction strategies were usednew 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. 22.
Minnesota Statutes 2022, section 299A.73, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Report. new text end
new text begin
On or before March 31 of each year, the Minnesota Youth Intervention
Programs Association shall report to the chairs and ranking minority members of the
committees and divisions with jurisdiction over public safety policy and finance on the
implementation, use, and administration of the grant program created under this section.
The report shall include information sent by agencies administering youth intervention
programs to the Minnesota Youth Intervention Programs Association and the Office of
Justice Programs. At a minimum, the report must identify:
new text end
new text begin
(1) the grant recipients;
new text end
new text begin
(2) the geographic location of the grant recipients;
new text end
new text begin
(3) the total number of individuals served by all grant recipients, disaggregated by race,
ethnicity, and gender;
new text end
new text begin
(4) the total number of individuals served by all grant recipients who successfully
completed programming, disaggregated by age, race, ethnicity, and gender;
new text end
new text begin
(5) the total amount of money awarded in grants and the total amount remaining to be
awarded from each appropriation;
new text end
new text begin
(6) the amount of money granted to each recipient;
new text end
new text begin
(7) grantee workplan objectives;
new text end
new text begin
(8) how the grant was used based on grantee quarterly narrative reports and financial
reports; and
new text end
new text begin
(9) summarized relevant youth intervention program outcome survey data measuring
the developmental assets of participants, based on Search Institute's Developmental Assets
Framework.
new text end
Sec. 23.
Minnesota Statutes 2022, section 299A.783, subdivision 1, is amended to read:
Subdivision 1.
Antitrafficking investigation coordinator.
The commissioner of public
safety must appoint a statewide antitrafficking investigation coordinator deleted text begin who shall work in
the Office of Justice Programsdeleted text end . The coordinator must be a current or former law enforcement
officer or prosecutor with experience investigating or prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and Safe Harbor response
for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system
response. The coordinator serves at the pleasure of the commissioner in the unclassified
service.
Sec. 24.
Minnesota Statutes 2022, section 299A.85, subdivision 6, is amended to read:
Subd. 6.
Reports.
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered
Indigenous women, children, and new text begin Two-Spirit new text end relatives in Minnesota, including names, dates
of disappearance, and dates of death, to the extent the data is publicly available. new text begin The report
must also identify and describe the work of any reward advisory group and itemize the
expenditures of the Gaagige-Mikwendaagoziwag reward account, if any. new text end The office must
submit the report by January 15 each year to the chairs and ranking minority members of
the legislative committees with primary jurisdiction over public safety.
Sec. 25.
new text begin
[299A.86] GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT
FOR INFORMATION ON MISSING AND MURDERED INDIGENOUS RELATIVES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "Gaagige-Mikwendaagoziwag" means "they will be remembered forever";
new text end
new text begin
(2) "missing and murdered Indigenous relatives" means missing and murdered Indigenous
people from or descended from a federally recognized Indian Tribe; and
new text end
new text begin
(3) "Two-Spirit" means cultural, spiritual, sexual, and gender identity as reflected in
complex Indigenous understandings of gender roles, spirituality, and the long history of
gender diversity in Indigenous cultures.
new text end
new text begin Subd. 2. new text end
new text begin Account created. new text end
new text begin
An account for rewards for information on missing and
murdered Indigenous women, children, and Two-Spirit relatives is created in the special
revenue fund. Money deposited into the account is appropriated to the commissioner of
public safety to pay rewards and for the purposes provided under this section.
new text end
new text begin Subd. 3. new text end
new text begin Reward. new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the Gaagige-Mikwendaagoziwag reward advisory group:
new text end
new text begin
(1) shall determine the eligibility criteria and procedures for granting rewards under this
section; and
new text end
new text begin
(2) is authorized to pay a reward to any person who provides relevant information relating
to a missing and murdered Indigenous woman, child, and Two-Spirit relative investigation.
new text end
new text begin Subd. 4. new text end
new text begin Reward advisory group. new text end
new text begin
(a) The director of the Office for Missing and
Murdered Indigenous Relatives, in consultation with the stakeholder groups described in
section 299A.85, subdivision 5, shall appoint an advisory group to make recommendations
on:
new text end
new text begin
(1) paying rewards under this section;
new text end
new text begin
(2) supporting community-based efforts through funding community-led searches and
search kits, including but not limited to global position system devices and vests;
community-led communications, including but not limited to flyers, staples, and duct tape;
and other justice-related expenses;
new text end
new text begin
(3) funding for community-led communications and outreach, including but not limited
to billboards and other media-related expenses;
new text end
new text begin
(4) funding activities and programs to gather information on missing and murdered
Indigenous women, children, and Two-Spirit relatives and to partner with and support
community-led efforts;
new text end
new text begin
(5) developing, implementing, and coordinating prevention and awareness programming
based on best practices and data-driven research; and
new text end
new text begin
(6) any other funding activities and needs.
new text end
new text begin
(b) The advisory group shall consist of the following individuals:
new text end
new text begin
(1) a representative from the Office for Missing and Murdered Indigenous Relatives;
new text end
new text begin
(2) a representative from a Tribal, statewide, or local organization that provides legal
services to Indigenous women and girls;
new text end
new text begin
(3) a representative from a Tribal, statewide, or local organization that provides advocacy
or counseling for Indigenous women and girls who have been victims of violence;
new text end
new text begin
(4) a representative from a Tribal, statewide, or local organization that provides services
to Indigenous women and girls;
new text end
new text begin
(5) a Tribal peace officer who works for or resides on a federally recognized American
Indian reservation in Minnesota;
new text end
new text begin
(6) a representative from the Minnesota Human Trafficking Task Force; and
new text end
new text begin
(7) a survivor or family member of a missing and murdered Indigenous woman, child,
or Two-Spirit relative.
new text end
new text begin
(c) Members serve a term of four years. Vacancies shall be filled by the appointing
authority and members may be reappointed.
new text end
new text begin
(d) The advisory group shall meet as necessary but at a minimum twice per year to carry
out its duties. The director shall provide necessary office space and administrative support
to the group. Members of the group serve without compensation but shall receive expense
reimbursement as provided in section 15.059.
new text end
new text begin
(e) The representative from the Office for Missing and Murdered Indigenous Relatives
may fully participate in the advisory group's activities but may not vote on issues before
the group.
new text end
new text begin Subd. 5. new text end
new text begin Advertising. new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the reward advisory group, may spend up to four percent of
available funds on an advertising or public relations campaign to increase public awareness
on the availability of rewards under this section.
new text end
new text begin Subd. 6. new text end
new text begin Grants; donations. new text end
new text begin
The director of the Office for Missing and Murdered
Indigenous Relatives, in consultation with the reward advisory group, may apply for and
accept grants and donations from the public and from public and private entities to implement
this section. The commissioner of public safety shall deposit any grants or donations received
under this subdivision into the account established under subdivision 1.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, subdivision 6, the advisory group
does not expire.
new text end
Sec. 26.
new text begin
[299A.90] OFFICE FOR MISSING AND MURDERED BLACK WOMEN
AND GIRLS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Black women and girls within the
Minnesota Office of Justice Programs.
new text end
new text begin Subd. 2. new text end
new text begin Director; staff. new text end
new text begin
(a) The commissioner must appoint a director who is a person
closely connected to the Black community and who is highly knowledgeable about criminal
investigations. The commissioner is encouraged to consider candidates for appointment
who are recommended by members of the Black community.
new text end
new text begin
(b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end
new text begin
(c) The director and full-time staff shall be members of the Minnesota State Retirement
Association.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The office has the following duties:
new text end
new text begin
(1) advocate in the legislature for legislation that will facilitate the accomplishment of
mandates identified in the report of the Task Force on Missing and Murdered African
American Women;
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(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African American
Women;
new text end
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(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to cases of missing and murdered Black women and
girls;
new text end
new text begin
(4) facilitate research to refine the mandates in the report of the Task Force on Missing
and Murdered African American Women and to assess the potential efficacy, feasibility,
and impact of the recommendations;
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new text begin
(5) collect data on missing person and homicide cases involving Black women and girls,
including the total number of cases, the rate at which the cases are solved, the length of time
the cases remain open, and a comparison to similar cases involving different demographic
groups;
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new text begin
(6) collect data on Amber Alerts, including the total number of Amber Alerts issued,
the total number of Amber Alerts that involve Black girls, and the outcome of cases involving
Amber Alerts disaggregated by the child's race and sex;
new text end
new text begin
(7) collect data on reports of missing Black girls, including the number classified as
voluntary runaways, and a comparison to similar cases involving different demographic
groups;
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new text begin
(8) analyze and assess the intersection between cases involving missing and murdered
Black women and girls and labor trafficking and sex trafficking;
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(9) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving missing and murdered Black women and girls and
labor trafficking and sex trafficking;
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new text begin
(10) analyze and assess the intersection between cases involving murdered Black women
and girls and domestic violence, including prior instances of domestic violence within the
family or relationship, whether an offender had prior convictions for domestic assault or
related offenses, and whether the offender used a firearm in the murder or any prior instances
of domestic assault;
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new text begin
(11) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving murdered Black women and girls and domestic
violence;
new text end
new text begin
(12) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
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new text begin
(13) track and collect Minnesota data on missing and murdered Black women and girls,
and provide statistics upon public or legislative inquiry;
new text end
new text begin
(14) facilitate technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;
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(15) conduct case reviews and report on the results of case reviews for the following
types of cases involving missing and murdered Black women and girls: cold cases for
missing Black women and girls and death investigation review for cases of Black women
and girls ruled as suicide or overdose under suspicious circumstances;
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(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against a Black woman or girl. These case reviews
must identify those cases where the perpetrator is a repeat offender;
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(17) prepare draft legislation as necessary to allow the office access to the data necessary
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
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(18) review sentencing guidelines for crimes related to missing and murdered Black
women and girls, recommend changes if needed, and advocate for consistent implementation
of the guidelines across Minnesota courts;
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(19) develop and maintain communication with relevant divisions in the Department of
Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding
any cases involving missing and murdered Black women and girls and on procedures for
investigating cases involving missing and murdered Black women and girls;
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new text begin
(20) consult with the Council for Minnesotans of African Heritage established in section
15.0145; and
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new text begin
(21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and
Canada.
new text end
new text begin
(b) As used in this subdivision:
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new text begin
(1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and
new text end
new text begin
(2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a.
new text end
new text begin Subd. 4. new text end
new text begin Coordination with other organizations. new text end
new text begin
In fulfilling its duties, the office may
coordinate, as useful, with stakeholder groups that were represented on the Task Force on
Missing and Murdered African American Women and state agencies that are responsible
for the systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Black women and girls; those who have a role in supporting or
advocating for missing or murdered Black women and girls and the people who seek justice
for them; and those who represent the interests of Black people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; service providers who offer legal services,
advocacy, and other services to Black women and girls; Black women and girls who are
survivors; and organizations and leadership from urban and statewide Black communities.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered Black
women and girls in Minnesota, including names, dates of disappearance, and dates of death,
to the extent the data is publicly available. The office must submit the report by January 15
each year to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over public safety.
new text end
new text begin Subd. 6. new text end
new text begin Acceptance of gifts and receipt of grants. new text end
new text begin
(a) A missing and murdered Black
women and girls account is established in the special revenue fund. Money in the account,
including interest earned, is appropriated to the office for the purposes of carrying out the
office's duties, including but not limited to issuing grants to community-based organizations.
new text end
new text begin
(b) Notwithstanding sections 16A.013 to 16A.016, the office may accept funds
contributed by individuals and may apply for and receive grants from public and private
entities. The funds accepted or received under this subdivision must be deposited in the
missing and murdered Black women and girls account created under paragraph (a).
new text end
new text begin Subd. 7. new text end
new text begin Grants to organizations. new text end
new text begin
(a) The office shall issue grants to community-based
organizations that provide services designed to prevent or end the targeting of Black women
or girls, or to provide assistance to victims of offenses that targeted Black women or girls.
new text end
new text begin
(b) Grant recipients must use money to:
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(1) provide services designed to reduce or prevent crimes or other negative behaviors
that target Black women or girls;
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new text begin
(2) provide training to the community about how to handle situations and crimes involving
the targeting of Black women and girls, including but not limited to training for law
enforcement officers, county attorneys, city attorneys, judges, and other criminal justice
partners; or
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new text begin
(3) provide services to Black women and girls who are victims of crimes or other offenses,
or to the family members of missing and murdered Black women and girls.
new text end
new text begin
(c) Applicants must apply in a form and manner established by the office.
new text end
new text begin
(d) Grant recipients must provide an annual report to the office that includes:
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new text begin
(1) the services provided by the grant recipient;
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(2) the number of individuals served in the previous year; and
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(3) any other information required by the office.
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(e) On or before February 1 of each year, the office shall report to the legislative
committees and divisions with jurisdiction over public safety on the work of grant recipients,
including a description of the number of entities awarded grants, the amount of those grants,
and the number of individuals served by the grantees.
new text end
new text begin
(f) The office may enter into agreements with the Office of Justice Programs for the
administration of grants issued under this subdivision.
new text end
new text begin Subd. 8. new text end
new text begin Access to data. new text end
new text begin
Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end
Sec. 27.
new text begin
[299A.95] OFFICE OF RESTORATIVE PRACTICES.
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new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "restorative practices" means a practice
within a program or policy that incorporates core restorative principles, including but not
limited to voluntariness, prioritization of agreement by the people closest to the harm on
what is needed to repair the harm, reintegration into the community, honesty, and respect.
Restorative practices include but are not limited to victim-offender conferences, family
group conferences, circles, community conferences, and other similar victim-centered
practices. Restorative practices funded under this statute may be used at any point including
before court involvement, after court involvement, to prevent court involvement, or in
conjunction with court involvement. Restorative practices are rooted in community values
and create meaningful outcomes that may include but are not limited to:
new text end
new text begin
(1) establishing and meeting goals related to increasing connection to community,
restoring relationships, and increasing empathy; considering all perspectives involved; and
taking responsibility for impact of actions by all parties involved;
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(2) addressing the needs of those who have been harmed;
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(3) recognizing and addressing the underlying issues of behavior;
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new text begin
(4) engaging with those most directly affected by an incident and including community
members that reflect the diversity of the individual's environment;
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(5) determining the appropriate responses to specific incidents through the use of a
collaborative process;
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new text begin
(6) providing solutions and approaches that affirm and are tailored to specific cultures;
and
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new text begin
(7) implementing policies and procedures that are informed by the science of the social,
emotional, and cognitive development of children.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The Office of Restorative Practices is established within the
Department of Public Safety. The Office of Restorative Practices shall have the powers and
duties described in this section.
new text end
new text begin Subd. 3. new text end
new text begin Department of Children, Youth, and Family; automatic transfer. new text end
new text begin
In the
event that a Department of Children, Youth, and Family is created as an independent agency,
the Office of Restorative Practices shall be transferred to that department pursuant to section
15.039 effective six months following the effective date for legislation creating that
department.
new text end
new text begin Subd. 4. new text end
new text begin Director; other staff. new text end
new text begin
(a) The commissioner of public safety shall appoint a
director of the Office of Restorative Practices. The director should have qualifications that
include or are similar to the following:
new text end
new text begin
(1) experience in the many facets of restorative justice and practices such as peacemaking
circles, sentencing circles, community conferencing, community panels, and family group
decision making;
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new text begin
(2) experience in victim-centered and trauma-informed practices;
new text end
new text begin
(3) knowledge of the range of social problems that bring children and families to points
of crisis such as poverty, racism, unemployment, and unequal opportunity;
new text end
new text begin
(4) knowledge of the many ways youth become involved in other systems such as truancy,
juvenile delinquency, child protection; and
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new text begin
(5) understanding of educational barriers.
new text end
new text begin
(b) The director shall hire additional staff to perform the duties of the Office of
Restorative Practices. The staff shall be in the classified service of the state and their
compensation shall be established pursuant to chapter 43A.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
(a) The Office of Restorative Practices shall promote the use of
restorative practices across multiple disciplines, including but not limited to:
new text end
new text begin
(1) pretrial diversion programs established pursuant to section 388.24;
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new text begin
(2) delinquency, criminal justice, child welfare, and education systems; and
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new text begin
(3) community violence prevention practices.
new text end
new text begin
(b) The Office of Restorative Practices shall collaborate with Tribal communities,
counties, multicounty agencies, other state agencies, nonprofit agencies, and other
jurisdictions, and with existing restorative practices initiatives in those jurisdictions to
establish new restorative practices initiatives, support existing restorative practices initiatives,
and identify effective restorative practices initiatives.
new text end
new text begin
(c) The Office of Restorative Practices shall encourage collaboration between jurisdictions
by creating a statewide network, led by restorative practitioners, to share effective methods
and practices.
new text end
new text begin
(d) The Office of Restorative Practices shall create a statewide directory of restorative
practices initiatives. The office shall make this directory available to all restorative practices
initiatives, counties, multicounty agencies, nonprofit agencies, and Tribes in order to facilitate
referrals to restorative practices initiatives and programs.
new text end
new text begin
(e) The Office of Restorative Practices shall work throughout the state to build capacity
for the use of restorative practices in all jurisdictions and shall encourage every county to
have at least one available restorative practices initiative.
new text end
new text begin
(f) The Office of Restorative Practices shall engage restorative practitioners in discerning
ways to measure the effectiveness of restorative efforts throughout the state.
new text end
new text begin
(g) The Office of Restorative Practices shall oversee the coordination and establishment
of local restorative practices advisory committees. The office shall oversee compliance with
the conditions of this funding program. If a complaint or concern about a local advisory
committee or a grant recipient is received, the Office of Restorative Practices shall exercise
oversight as provided in this section.
new text end
new text begin
(h) The Office of Restorative Practices shall provide information to local restorative
practices advisory committees, or restorative practices initiatives in Tribal communities and
governments, counties, multicounty agencies, other state agencies, and other jurisdictions
about best practices that are developmentally tailored to youth, trauma-informed, and
healing-centered, and provide technical support. Providing information includes but is not
limited to sharing data on successful practices in other jurisdictions, sending notification
about available training opportunities, and sharing known resources for financial support.
The Office of Restorative Practices shall also provide training and technical support to local
restorative practices advisory committees. Training includes but is not limited to the use
and scope of restorative practices, victim-centered restorative practices, and trauma-informed
care.
new text end
new text begin
(i) The Office of Restorative Practices shall annually establish minimum requirements
for the grant application process.
new text end
new text begin
(j) The Office of Restorative Practices shall work with Tribes, counties, multicounty
agencies, and nonprofit agencies throughout the state to educate those entities about the
application process for grants and encourage applications.
new text end
new text begin Subd. 6. new text end
new text begin Grants. new text end
new text begin
(a) Within available appropriations, the director shall award grants to
establish and support restorative practices initiatives. An approved applicant must receive
a grant of up to $500,000 each year.
new text end
new text begin
(b) On an annual basis, the Office of Restorative Practices shall establish a minimum
number of applications that must be received during the application process. If the minimum
number of applications is not received, the office must reopen the application process.
new text end
new text begin
(c) Grants may be awarded to private and public nonprofit agencies; local units of
government, including cities, counties, and townships; local educational agencies; and Tribal
governments. A restorative practices advisory committee may support multiple entities
applying for grants based on community needs, the number of youth and families in the
jurisdiction, and the number of restorative practices available to the community. Budgets
supported by grant funds can include contracts with partner agencies.
new text end
new text begin
(d) Applications must include the following:
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new text begin
(1) a list of willing restorative practices advisory committee members;
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new text begin
(2) letters of support from potential restorative practices advisory committee members;
new text end
new text begin
(3) a description of the planning process that includes:
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new text begin
(i) a description of the origins of the initiative, including how the community provided
input; and
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new text begin
(ii) an estimated number of participants to be served; and
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new text begin
(4) a formal document containing a project description that outlines the proposed goals,
activities, and outcomes of the initiative including, at a minimum:
new text end
new text begin
(i) a description of how the initiative meets the minimum eligibility requirements of the
grant;
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new text begin
(ii) the roles and responsibilities of key staff assigned to the initiative;
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new text begin
(iii) identification of any key partners, including a summary of the roles and
responsibilities of those partners;
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new text begin
(iv) a description of how volunteers and other community members are engaged in the
initiative; and
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new text begin
(v) a plan for evaluation and data collection.
new text end
new text begin
(e) In determining the appropriate amount of each grant, the Office of Restorative
Practices shall consider the number of individuals likely to be served by the local restorative
practices initiative.
new text end
new text begin Subd. 7. new text end
new text begin Restorative practices advisory committees; membership and duties. new text end
new text begin
(a)
Restorative practices advisory committees must include:
new text end
new text begin
(1) a judge of the judicial district that will be served by the restorative practices initiative;
new text end
new text begin
(2) the county attorney of a county that will be served by the restorative practices initiative
or a designee;
new text end
new text begin
(3) the chief district public defender in the district that will be served by the local
restorative justice program or a designee;
new text end
new text begin
(4) a representative from the children's unit of a county social services agency assigned
to the area that will be served by the restorative practices initiative;
new text end
new text begin
(5) a representative from the local probation department or community corrections
agency that works with youth in the area that will be served by the restorative practices
initiative;
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new text begin
(6) a representative from a local law enforcement agency that operates in the area that
will be served by the restorative practices initiative;
new text end
new text begin
(7) a school administrator or designee from a school or schools that operate in the area
that will be served by the restorative practices initiative;
new text end
new text begin
(8) multiple community members that reflect the racial, socioeconomic, and other
diversity of the population of a county that will be served by the local restorative justice
program and the individuals most frequently involved in the truancy, juvenile offender, and
juvenile safety and placement systems;
new text end
new text begin
(9) restorative practitioners, including restorative practitioners from within the community
if available and, if not, from nearby communities;
new text end
new text begin
(10) parents, youth, and justice-impacted participants; and
new text end
new text begin
(11) at least one representative from a victims advocacy group.
new text end
new text begin
(b) Community members described in paragraph (a), clause (8), must make up at least
one-third of the restorative practices advisory committee.
new text end
new text begin
(c) Community members, parents, youth, and justice-impacted participants participating
in the advisory committee may receive a per diem from grant funds in the amount determined
by the General Services Administration.
new text end
new text begin
(d) The restorative practices advisory committees must utilize restorative practices in
their decision-making process and come to consensus when developing, expanding, and
maintaining restorative practices criteria and referral processes for their communities.
new text end
new text begin
(e) Restorative practices advisory committees shall be responsible for establishing
eligibility requirements for referrals to the local restorative practices initiative. Once
restorative practices criteria and referral processes are developed, children, families, and
cases, depending upon the point of prevention or intervention, must be referred to the local
restorative practices initiatives or programs that serve the county, local community, or Tribal
community where the child and family reside.
new text end
new text begin
(f) Referrals may be made under circumstances, including but not limited to:
new text end
new text begin
(1) as an alternative to arrest as outlined in section 260B.1755;
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new text begin
(2) for a juvenile petty offense;
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new text begin
(3) for a juvenile traffic offense;
new text end
new text begin
(4) for a juvenile delinquency offense, including before and after a delinquency petition
has been filed;
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new text begin
(5) for a child protection case, including before and after adjudication;
new text end
new text begin
(6) for a children's mental health case;
new text end
new text begin
(7) for a juvenile status offense, including but not limited to truancy or running away;
new text end
new text begin
(8) for substance use issues;
new text end
new text begin
(9) for situations involving transition to or from the community; and
new text end
new text begin
(10) through self-referral.
new text end
new text begin Subd. 8. new text end
new text begin Oversight of restorative practices advisory committees. new text end
new text begin
(a) Complaints by
restorative practices advisory committee members, community members, restorative practices
initiatives, or restorative practices practitioners regarding concerns about grant recipients
may be made to the Office of Restorative Practices.
new text end
new text begin
(b) The Office of Restorative Practices may prescribe the methods by which complaints
to the office are to be made, reviewed, and acted upon.
new text end
new text begin
(c) The Office of Restorative Practices shall establish and use a restorative process to
respond to complaints so that grant recipients are being held to their agreed upon
responsibilities and continue to meet the minimum eligibility requirements for grants to
local restorative practices initiatives for the duration of the grant.
new text end
new text begin Subd. 9. new text end
new text begin Report. new text end
new text begin
By February 15 of each year, the director shall report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
public safety, human services, and education, on the work of the Office of Restorative
Practices, any grants issued pursuant to this section, and the status of local restorative
practices initiatives in the state that were reviewed in the previous year.
new text end
Sec. 28.
new text begin
[299C.055] LEGISLATIVE REPORT ON FUSION CENTER ACTIVITIES.
new text end
new text begin
(a) The superintendent must prepare an annual report for the public and the legislature
on the Minnesota Fusion Center (MNFC) that includes general information about the MNFC;
the types of activities it monitors; the scale of information it collects; the local, state, and
federal agencies with which it shares information; and the quantifiable benefits it produces.
None of the reporting requirements in this section supersede chapter 13 or any other state
or federal law. The superintendent must report on activities for the preceding calendar year
unless another time period is specified. The report must include the following information,
to the extent allowed by other law:
new text end
new text begin
(1) the MNFC's operating budget for the current biennium, number of staff, and staff
duties;
new text end
new text begin
(2) the number of publications generated and an overview of the type of information
provided in the publications, including products such as law enforcement briefs, partner
briefs, risk assessments, threat assessments, and operational reports;
new text end
new text begin
(3) a summary of audit findings for the MNFC and what corrective actions were taken
pursuant to audits;
new text end
new text begin
(4) the number of data requests received by the MNFC and a general description of those
requests;
new text end
new text begin
(5) the types of surveillance and data analysis technologies utilized by the MNFC, such
as artificial intelligence or social media analysis tools;
new text end
new text begin
(6) a description of the commercial and governmental databases utilized by the MNFC
to the extent permitted by law;
new text end
new text begin
(7) the number of suspicious activity reports (SARs) received and processed by the
MNFC;
new text end
new text begin
(8) the number of SARs received and processed by the MNFC that were converted into
Bureau of Criminal Apprehension case files, that were referred to the Federal Bureau of
Investigation, or that were referred to local law enforcement agencies;
new text end
new text begin
(9) the number of SARs received and processed by the MNFC that involve an individual
on the Terrorist Screening Center watchlist;
new text end
new text begin
(10) the number of requests for information (RFIs) that the MNFC received from law
enforcement agencies and the number of responses to federal requests for RFIs;
new text end
new text begin
(11) the names of the federal agencies the MNFC received data from or shared data
with;
new text end
new text begin
(12) the names of the agencies that submitted SARs;
new text end
new text begin
(13) a summary description of the MNFC's activities with the Joint Terrorism Task
Force; and
new text end
new text begin
(14) the number of investigations aided by the MNFC's use of SARs and RFIs.
new text end
new text begin
(b) The report shall be provided to the chairs and ranking minority members of the
committees of the house of representatives and senate with jurisdiction over data practices
and public safety issues, and shall be posted on the MNFC website by February 15 each
year beginning on February 15, 2024.
new text end
Sec. 29.
Minnesota Statutes 2022, section 299C.063, is amended to read:
299C.063 BOMB DISPOSAL EXPENSE REIMBURSEMENT.
Subdivision 1.
Definitions.
The terms used in this section have the meanings given them
in this subdivision:
(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons
who are trained and equipped to dispose of or neutralize bombs or other similar hazardous
explosives and who are employed by a municipality.
(b) "Commissioner" means the commissioner of public safety.
deleted text begin
(c) "Municipality" has the meaning given it in section 466.01.
deleted text end
new text begin
(c) "Explosives sweep" means a detailed scanning service used in corporate office
buildings, shipping hangars, event stadiums, transportation hubs, large outdoor events, and
other critical facilities using ground-penetrating radar, magnetometers, metal detectors, and
specially trained K-9 units to detect improvised explosive devices and explosive remnants
of war, such as unexploded ordnance and abandoned ordnance.
new text end
(d) "Hazardous explosives" means explosives as defined in section 299F.72, subdivision
2, explosive devices and incendiary devices as defined in section 609.668, subdivision 1,
and all materials subject to regulation under United States Code, title 18, chapter 40.
new text begin
(e) "Municipality" has the meaning given in section 466.01.
new text end
Subd. 2.
Expense reimbursement.
new text begin (a) new text end The commissioner may reimburse bomb disposal
units for reasonable expenses incurrednew text begin :
new text end
new text begin (1)new text end to dispose of or neutralize bombs or other similar hazardous explosives for their
employer-municipality or for another municipality outside the jurisdiction of the
employer-municipality but within the state. Reimbursement is limited to the extent of
appropriated fundsdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) to use the services of police explosive detection K-9 assets;
new text end
new text begin
(3) for dignitary explosive sweeps;
new text end
new text begin
(4) for explosive sweeps at large state events;
new text end
new text begin
(5) to provide for explosive security at large state events; and
new text end
new text begin
(6) for large-scale scheduled public events.
new text end
new text begin
(b) Reimbursement for expenses under this subdivision is limited to the extent of
appropriated funds.
new text end
Subd. 3.
Agreements.
The commissioner may enter into contracts or agreements with
bomb disposal units to implement and administer this section.
new text begin Subd. 4. new text end
new text begin Public event agreements. new text end
new text begin
The commissioner may enter into contracts with
public event organizers, as defined in section 299A.52, for costs associated with explosive
sweeps conducted by state bomb disposal units.
new text end
Sec. 30.
new text begin
[299C.092] QUESTIONED IDENTITY PROCESS.
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.
new text end
new text begin
(b) "Bureau" means the Bureau of Criminal Apprehension.
new text end
new text begin
(c) "Questioned identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in interactions with
law enforcement or the offender has the same name which can lead to difficulties
differentiating the individual from the offender.
new text end
new text begin Subd. 2. new text end
new text begin Process. new text end
new text begin
(a) When an individual is the subject of questioned identity, the
individual may request a review by the bureau through its questioned identity process.
Individuals must contact the bureau and provide the following:
new text end
new text begin
(1) documentation of the individual's identity through a government-issued photo
identification;
new text end
new text begin
(2) documents or information that lead the individual to believe that the individual is
the subject of questioned identity; and
new text end
new text begin
(3) fingerprints for identification verification purposes.
new text end
new text begin
(b) If the bureau is able to confirm that the individual is the subject of questioned identity,
the bureau shall provide documentation to the individual indicating that the individual has
been through the bureau's questioned identity process.
new text end
new text begin
(c) The bureau shall denote any aliases determined to be questioned identities in the
criminal history system under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
new text end
new text begin
(d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's
warrant file if a photo is available.
new text end
new text begin
(e) Notwithstanding section 13.87, subdivision 1, paragraph (b), the bureau, in
consultation with reporting criminal justice agencies, may remove an alias from a criminal
history record when it determines doing so will not negatively impact a criminal justice
agency's ability to identify the offender in the future. Some considerations in making the
determination include but are not limited to time elapsed since the alias name was last used,
frequency with which the alias was used, current incarceration status of the offender, whether
it is or was the offender's name, and whether the offender is living or deceased.
new text end
new text begin
(f) Law enforcement must take into account the presence of documentation from the
bureau or another law enforcement agency confirming a questioned identity when considering
whether an individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation provided
by an individual.
new text end
Sec. 31.
Minnesota Statutes 2022, section 299C.106, subdivision 3, is amended to read:
Subd. 3.
Submission and storage of sexual assault examination kits.
(a) Within 60
days of receiving an unrestricted sexual assault examination kit, a law enforcement agency
shall submit the kit for testing to a forensic laboratory. The testing laboratory shall return
unrestricted sexual assault examination kits to the submitting agency for storage after testing
is complete. The submitting agency must store unrestricted sexual assault examination kits
indefinitely.
(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or
a law enforcement agency receiving a restricted sexual assault examination kit from a
hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal
Apprehension. The bureau shall store all restricted sexual assault examination kits collected
by hospitals or law enforcement agencies in the state. The bureau shall retain a restricted
sexual assault examination kit for at least 30 months from the date the bureau receives the
kit.
new text begin
(c) Beginning July 1, 2024, the receiving forensic laboratory must strive to test the sexual
assault examination kit within 90 days of receipt from a hospital or law enforcement agency.
Sexual assault examination kits shall be prioritized for testing along with other violent
crimes. Upon completion of testing, the forensic laboratory must update the kit-tracking
database to indicate that testing is complete. The forensic laboratory must notify the
submitting agency when any kit is not tested within 90 days and provide an estimated time
frame for testing completion.
new text end
new text begin
(d) Paragraph (c) sunsets June 30, 2029.
new text end
Sec. 32.
Minnesota Statutes 2022, section 299C.46, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The commissioner of public safety shall establish a
criminal justice data communications network that will provide secure access to systems
and services available from or through the Bureau of Criminal Apprehension. new text begin The Bureau
of Criminal Apprehension may approve additional criminal justice uses by authorized
agencies to access necessary systems or services not from or through the bureau. new text end The
commissioner of public safety is authorized to lease or purchase facilities and equipment
as may be necessary to establish and maintain the data communications network.
Sec. 33.
Minnesota Statutes 2022, section 299C.53, subdivision 3, is amended to read:
Subd. 3.
Missing and endangered persons.
new text begin The Bureau of Criminal Apprehension
must operate a missing person alert program. new text end If the Bureau of Criminal Apprehension
receives a report from a law enforcement agency indicating that a person is missing and
endangered, the superintendentnew text begin must originate an alert. The superintendentnew text end may assist the
law enforcement agency in conducting the preliminary investigation, offer resources, and
assist the agency in helping implement the investigation policy with particular attention to
the need for immediate action. The law enforcement agency shall promptly notify all
appropriate law enforcement agencies in the state new text begin and is required to issue a missing person
alert utilizing the Crime Alert Network as prescribed in section 299A.61 new text end and, if deemed
appropriate, law enforcement agencies in adjacent states or jurisdictions of any information
that may aid in the prompt location and safe return of a missing and endangered person.new text begin
The superintendent shall provide guidance on issuing alerts using this system and provide
the system for law enforcement agencies to issue these alerts. The Bureau of Criminal
Apprehension may provide assistance to agencies in issuing missing person alerts as required
by this section.
new text end
Sec. 34.
Minnesota Statutes 2022, section 299C.65, subdivision 1a, is amended to read:
Subd. 1a.
Membership; duties.
(a) The Criminal and Juvenile Justice Information new text begin and
Bureau of Criminal Apprehension new text end Advisory Group consists of the following members:
(1) the commissioner of corrections or designee;
(2) the commissioner of public safety or designee;
(3) the state chief information officer or designee;
(4) three members of the judicial branch appointed by the chief justice of the supreme
court;
(5) the commissioner of administration or designee;
(6) the state court administrator or designee;
(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom
must be a sheriff;
(8) two members appointed by the Minnesota Chiefs of Police Association, at least one
of whom must be a chief of police;
(9) two members appointed by the Minnesota County Attorneys Association, at least
one of whom must be a county attorney;
(10) two members appointed by the League of Minnesota Cities representing the interests
of city attorneys, at least one of whom must be a city attorney;
(11) two members appointed by the Board of Public Defense, at least one of whom must
be a public defender;
(12) two corrections administrators appointed by the Association of Minnesota Counties
representing the interests of local corrections, at least one of whom represents a Community
Corrections Act county;
(13) two probation officers appointed by the commissioner of corrections in consultation
with the president of the Minnesota Association of Community Corrections Act Counties
and the president of the Minnesota Association of County Probation Officers;
(14) four public members appointed by the governor representing both metropolitan and
greater Minnesota for a term of four years using the process described in section 15.059,
one of whom represents the interests of victims, and one of whom represents the private
business community who has expertise in integrated information systems and who, for the
purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;
(15) two members appointed by the Minnesota Association for Court Management, at
least one of whom must be a court administrator;
(16) one member of the house of representatives appointed by the speaker of the house,
or an alternate who is also a member of the house of representatives, appointed by the
speaker of the house;
(17) one member of the senate appointed by the majority leader, or an alternate who is
also a member of the senate, appointed by the majority leader of the senate;
(18) one member appointed by the attorney general;
(19) two members appointed by the League of Minnesota Cities, one of whom works
or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official;
(20) two members appointed by the Association of Minnesota Counties, one of whom
works or resides in greater Minnesota and one of whom works or resides in the seven-county
metropolitan area, and at least one of whom is an elected official; and
(21) the director of the Sentencing Guidelines Commission or a designee.
(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory
group.
(c) The advisory group shall serve as the state advisory group on statewide criminal
justice information policy and funding issues. The advisory group shall study and make
recommendations to the governor, the supreme court, and the legislature on criminal justice
information funding and policy issues such as related data practices, individual privacy
rights, and data on race and ethnicity; information-sharing at the local, state, and federal
levels; technology education and innovation; the impact of proposed legislation on the
criminal justice system related to information systems and business processes; and data and
identification standards.
new text begin
(d) The advisory group shall have the additional duties of reviewing and advising the
bureau superintendent on:
new text end
new text begin
(1) audits, accreditation reports, and internal reviews of bureau operations;
new text end
new text begin
(2) emerging technologies in the law enforcement and forensic science fields;
new text end
new text begin
(3) policies and practices that impact individual privacy interests; and
new text end
new text begin
(4) other programmatic and operational initiatives of the bureau at the request of the
superintendent.
new text end
Sec. 35.
Minnesota Statutes 2022, section 299C.65, subdivision 3a, is amended to read:
Subd. 3a.
Report.
The advisory group shall file a biennial report with the governor,
supreme court, and chairs and ranking minority members of the senate and house of
representatives committees and divisions with jurisdiction over criminal justice funding
and policy by January 15 in each odd-numbered year. The report must provide the following:
(1) status and review of current statewide criminal justice information systems;
(2) recommendations concerning any legislative changes or appropriations that are
needed to ensure that the criminal justice information systems operate accurately and
efficiently; deleted text begin and
deleted text end
(3) summary of the activities of the advisory group, including any funding and grant
requestsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) summary of any reviews conducted by the advisory group of bureau audits, reports,
policies, programs, and procedures along with any recommendations provided to the bureau
related to the reviews.
new text end
Sec. 36.
Minnesota Statutes 2022, section 299F.362, is amended to read:
299F.362 SMOKE deleted text begin DETECTORdeleted text end new text begin ALARMnew text end ; INSTALLATION; RULES; PENALTY.
Subdivision 1.
Definitions.
For the purposes of this section, the following definitions
shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built,
rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence
of three or more families living independently of each other and doing their own cooking
in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house,
lodging house, or a hotel and which contains one or two "dwelling units" which are, or are
intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for
one or more persons including permanent provisions for living, sleeping, eating, cooking,
and sanitation, or a single unit used by one or more persons for sleeping and sanitation
pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied, or
which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five
guest rooms which are used or are intended to be used for sleeping purposes by guests and
where rent is paid in money, goods, labor, or otherwise.
Subd. 2.
Rulesdeleted text begin ,deleted text end new text begin ;new text end smoke deleted text begin detectordeleted text end new text begin alarmnew text end location.
The commissioner of public safety
shall promulgate rules concerning the placement of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end in dwellings,
apartment houses, hotels, and lodging houses. The rules shall take into account designs of
the guest rooms or dwelling units.
Subd. 3.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for any dwelling.
Every dwelling unit within a dwelling
must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end meeting the requirements of the State Fire
Code. The deleted text begin detectordeleted text end new text begin smoke alarmnew text end must be mounted in accordance with the rules regarding
smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin
smoke alarmnew text end must provide an alarm in the dwelling unit.
Subd. 3a.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for new dwelling.
In construction of a new dwelling,
each smoke deleted text begin detectordeleted text end new text begin alarmnew text end must be attached to a centralized power source.
Subd. 4.
Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for apartment, lodging house, or hotel.
Every dwelling
unit within an apartment house and every guest room in a lodging house or hotel used for
sleeping purposes must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end conforming to the
requirements of the State Fire Code. In dwelling units, deleted text begin detectorsdeleted text end new text begin smoke alarmsnew text end must be
mounted in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted
under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin smoke alarmnew text end must provide an alarm in
the dwelling unit or guest room.
Subd. 5.
Maintenance responsibilities.
For all occupancies covered by this section
where the occupant is not the owner of the dwelling unit or the guest room, the owner is
responsible for maintenance of the smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end . An owner may file inspection
and maintenance reports with the local fire marshal for establishing evidence of inspection
and maintenance of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end .
Subd. 5a.
Inform owner; no added liability.
The occupant of a dwelling unit must
inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detectordeleted text end new text begin alarmnew text end within 24
hours of discovering that the smoke deleted text begin detectordeleted text end new text begin alarmnew text end in the dwelling unit is not functioning.
If the occupant fails to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
Subd. 6.
Penalties.
(a) Any person who violates any provision of this section deleted text begin shall bedeleted text end new text begin
isnew text end subject to the same penalty and deleted text begin thedeleted text end enforcement mechanism that is provided for violation
of the State Fire Code, as specified in section 299F.011, subdivision 6.
(b) An occupant who willfully disables a smoke deleted text begin detectordeleted text end new text begin alarmnew text end or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty of a
misdemeanor.
Subd. 7.
Local government preempted.
This section prohibits a local unit of government
from adopting standards different from those provided in this section.
Subd. 9.
Local government ordinance; installation in single-family
residence.
Notwithstanding subdivision 7, or other lawnew text begin to the contrarynew text end , a local governing
body may adopt, by ordinance, rules for the installation of a smoke deleted text begin detectordeleted text end new text begin alarmnew text end in
single-family homes in the city that are more restrictive than the standards provided by this
section. Rules adopted pursuant to this subdivision may be enforced through a
truth-in-housing inspection.
Subd. 10.
Public fire safety educator.
The position of Minnesota public fire safety
educator is established in the Department of Public Safety.
Subd. 11.
Insurance claim.
No insurer shall deny a claim for loss or damage by fire for
failure of a person to comply with this section.
Sec. 37.
Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:
Subdivision 1.
Hotel inspection.
(a) It shall be the duty of the commissioner of public
safety to inspect, or cause to be inspected, at least once every three years, every hotel in
this state; and, for that purpose, the commissioner, or the commissioner's deputies or
designated alternates or agents, shall have the right to enter or have access thereto at any
reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected
does not conform to or is not being operated in accordance with the provisions of sections
157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection
of hotels, or the rules promulgated thereunder, or is being maintained or operated in such
manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02,
subdivision 6, new text begin 299F.51, new text end or any other law of this state relating to fire prevention and fire
protection of hotels, the commissioner and the deputies or designated alternates or agents
shall report such a situation to the hotel inspector who shall proceed as provided for in
chapter 157.
(b) The word "hotel", as used in this subdivision, has the meaning given in section
299F.391.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 38.
Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Hotel. new text end
new text begin
"Hotel" means any building, or portion thereof, containing six or more
guest rooms intended or designed to be used, or which are used, rented, or hired out to be
occupied, or which are occupied for sleeping purposes by guests.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 39.
Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Lodging house. new text end
new text begin
"Lodging house" means any building, or portion thereof,
containing not more than five guest rooms which are used or are intended to be used for
sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 40.
Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end Every deleted text begin single familydeleted text end new text begin single-familynew text end dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational carbon
monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.
new text begin
(b) Every guest room in a hotel or lodging house must have an approved and operational
carbon monoxide alarm installed in each room lawfully used for sleeping purposes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 41.
Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:
Subd. 2.
Owner's duties.
new text begin (a) new text end The owner of a multifamily dwelling unit which is required
to be equipped with one or more approved carbon monoxide alarms must:
(1) provide and install one approved and operational carbon monoxide alarm within ten
feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy of the dwelling unit and which
has not been replaced by the prior occupant prior to the commencement of a new occupancy
of a dwelling unit.
new text begin
(b) The owner of a hotel or lodging house that is required to be equipped with one or
more approved carbon monoxide alarms must:
new text end
new text begin
(1) provide and install one approved and operational carbon monoxide alarm in each
room lawfully used for sleeping; and
new text end
new text begin
(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy and that has not been replaced by
the prior occupant prior to the commencement of a new occupancy of a hotel guest room
or lodging house.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 42.
Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:
Subd. 5.
Exceptions; certain multifamily dwellings and state-operated facilities.
(a)
In lieu of requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide deleted text begin alarmsdeleted text end new text begin detectorsnew text end installed between 15 and 25 feet of carbon
monoxide-producing central fixtures and equipment, provided there is a centralized alarm
system or other mechanism for responsible parties to hear the alarm at all times.
(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon
monoxide may be exempted from the requirements of subdivision 1, provided that such
owner certifies to the commissioner of public safety that such multifamily dwelling poses
no foreseeable carbon monoxide risk to the health and safety of the dwelling units.
(c) The requirements of this section do not apply to facilities owned or operated by the
state of Minnesota.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 43.
Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Safety warning. new text end
new text begin
A first violation of this section shall not result in a penalty,
but is punishable by a safety warning. A second or subsequent violation is a petty
misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024.
new text end
Sec. 44.
Minnesota Statutes 2022, section 326.32, subdivision 10, is amended to read:
Subd. 10.
License holder.
"License holder" means any individual, partnershipnew text begin as defined
in section 323A.0101, clause (8),new text end or corporation licensed to perform the duties of a private
detective or a protective agent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 45.
Minnesota Statutes 2022, section 326.3381, subdivision 3, is amended to read:
Subd. 3.
Disqualification.
new text begin (a) new text end No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United
States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault;
theft; larceny; burglary; robbery; unlawful entry; extortion; defamation; buying or receiving
stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using,
possessing, or carrying burglary tools unlawfully; escape; possession, production, sale, or
distribution of narcotics unlawfully; or (iii) in any other country of acts which, if done in
Minnesota, would be a felony or would be any of the other offenses provided in this clause
and for which a full pardon or similar relief has not been granted;
(2) made any false statement in an application for a license or any document required
to be submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
new text begin
(b) Upon application for a license, the applicant shall submit, as part of the application,
a full set of fingerprints and the applicant's written consent that their fingerprints shall be
submitted to the Bureau of Criminal Apprehension (BCA) and the Federal Bureau of
Investigation (FBI) to determine whether that person has a criminal record. The BCA shall
promptly forward the fingerprints to the FBI and request that the FBI conduct a criminal
history check of each prospective licensee. The Minnesota Board of Private Detective and
Protective Agents Services shall determine if the FBI report indicates that the prospective
licensee or licensee was convicted of a disqualifying offense. The submission to the FBI
shall be coordinated through the BCA. The results of the criminal record check shall be
provided to the board who will determine if the applicant is disqualified from holding a
license under this subdivision.
new text end
Sec. 46.
Minnesota Statutes 2022, section 609.35, is amended to read:
609.35 COSTS OF MEDICAL EXAMINATION.
(a) Costs incurred by a deleted text begin county, city, or privatedeleted text end hospital or other emergency medical
facility or by a deleted text begin privatedeleted text end physiciannew text begin , sexual assault nurse examiner, forensic nurse, or other
licensed health care providernew text end for the examination of a victim of criminal sexual conduct
deleted text begin when the examination is performed for the purpose of gathering evidencedeleted text end new text begin that occurred in
the statenew text end shall be paid by the deleted text begin county in which the criminal sexual conduct occurreddeleted text end new text begin statenew text end .
These costs include, but are not limited to, new text begin the new text end deleted text begin fulldeleted text end cost of the deleted text begin rape kitdeleted text end new text begin medical forensicnew text end
examination, associated tests new text begin and treatments new text end relating to deleted text begin the complainant'sdeleted text end sexually transmitted
deleted text begin disease statusdeleted text end new text begin infectionnew text end , and pregnancy statusnew text begin , including emergency contraceptionnew text end . new text begin A hospital,
emergency medical facility, or health care provider shall submit the costs for examination
and any associated tests and treatment to the Office of Justice Programs for payment. Upon
receipt of the costs, the commissioner shall provide payment to the facility or health care
provider. Reimbursement for an examination and any associated test and treatments shall
not exceed $1,400. Beginning on January 1, 2024, the maximum amount of an award shall
be adjusted annually by the inflation rate.
new text end
(b) Nothing in this section shall be construed to limit the duties, responsibilities, or
liabilities of any insurer, whether public or private. deleted text begin However, a countydeleted text end new text begin The hospital or other
licensed health care provider performing the examinationnew text end may seek insurance reimbursement
from the victim's insurer only if authorized by the victim. This authorization may only be
sought after the examination is performed. When seeking this authorization, the deleted text begin countydeleted text end new text begin
hospital or other licensed health care providernew text end shall inform the victim that if the victim does
not authorize this, the deleted text begin countydeleted text end new text begin statenew text end is required by law to pay for the examination and that
the victim is in no way liable for these costs or obligated to authorize the reimbursement.
(c) The applicability of this section does not depend upon whether the victim reports
the offense to law enforcement or the existence or status of any investigation or prosecution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, and applies to any
examination that occurs on or after that date.
new text end
Sec. 47.
Minnesota Statutes 2022, section 609.87, is amended by adding a subdivision to
read:
new text begin Subd. 17. new text end
new text begin Electronic data. new text end
new text begin
"Electronic data" means records or information in digital
form on a computer, computer network, computer system, or in computer software that can
be stored, transmitted, or processed.
new text end
Sec. 48.
Minnesota Statutes 2022, section 609.89, is amended to read:
609.89 COMPUTER new text begin OR ELECTRONIC DATA new text end THEFT.
Subdivision 1.
Acts.
Whoever does any of the following is guilty of computer new text begin or
electronic data new text end theft and may be sentenced as provided in subdivision 2:
deleted text begin (a)deleted text end new text begin (1)new text end intentionally and without authorization or claim of right accesses or causes to be
accessed any computer, computer system, computer network or any part thereof for the
purpose of obtaining services or property; deleted text begin or
deleted text end
deleted text begin (b)deleted text end new text begin (2)new text end intentionally and without claim of right, and with intent to deprive the owner of
use or possession, takes, transfers, conceals or retains possession of any computer, computer
system, or any computer software or data contained in a computer, computer system, or
computer networkdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) intentionally and without authorization or claim of right accesses or copies any
computer software or electronic data and uses, alters, transfers, retains, or publishes the
computer software or electronic data; or
new text end
new text begin
(4) intentionally retains copies of any computer software or electronic data beyond the
individual's authority.
new text end
Subd. 2.
Penalty.
Anyone who commits computer new text begin or electronic data new text end theft may be
sentenced as follows:
deleted text begin (a)deleted text end new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more
than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess
of $2,500; deleted text begin or
deleted text end
deleted text begin (b)deleted text end new text begin (2)new text end to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than
$500 but not more than $2,500; or
deleted text begin (c)deleted text end new text begin (3)new text end in all other cases to imprisonment for not more than 90 days or to payment of a
fine of not more than $1,000, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 49.
Minnesota Statutes 2022, section 611A.033, is amended to read:
611A.033 SPEEDY TRIAL; NOTICE OF new text begin HEARINGS AND new text end SCHEDULE
CHANGE.
(a) A victim has the right to request that the prosecutor make a demand under rule 11.09
of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand.
The prosecutor shall make reasonable efforts to comply with the victim's request.
new text begin
(b) A prosecutor shall make reasonable efforts to provide to a victim the date and time
of the sentencing hearing and the hearing during which the plea is to be presented to the
court.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end A prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been subpoenaed or
requested to testify.
deleted text begin (c)deleted text end new text begin (d)new text end In a criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after
consideration of the age and health of the victim, may grant a speedy trial. The motion may
be filed and served with the complaint or any time after the complaint is filed and served.
Sec. 50.
Minnesota Statutes 2022, section 611A.039, subdivision 1, is amended to read:
Subdivision 1.
Notice required.
(a) Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case and of the victim rights under section 611A.06. When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the deleted text begin court
or its designeedeleted text end new text begin prosecutornew text end shall make a reasonable and good faith effort to notify the victim
of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's
family. If the victim is a minor, notice must be given to the victim's parent or guardian. The
notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information;
and
(4) a statement that the victim and victim's family may provide input to the court
concerning the sentence modification.
(b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.
(c) As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations
of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451,
609.748, and 609.749.
Sec. 51.
Minnesota Statutes 2022, section 611A.211, subdivision 1, is amended to read:
Subdivision 1.
Grants.
The commissioner of public safety shall award grants to programs
which provide support servicesnew text begin or emergency shelter and housing supports as defined by
section 611A.31new text end to victims of sexual assault. The commissioner shall also award grants for
training, technical assistance, and the development and implementation of education programs
to increase public awareness of the causes of sexual assault, the solutions to preventing and
ending sexual assault, and the problems faced by sexual assault victims.
Sec. 52.
Minnesota Statutes 2022, section 611A.31, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Battered womandeleted text end new text begin Domestic abuse victimnew text end .
deleted text begin "Battered woman"deleted text end new text begin "Domestic abuse
victim"new text end means a deleted text begin womandeleted text end new text begin personnew text end who is being or has been victimized by domestic abuse as
defined in section 518B.01, subdivision 2.
Sec. 53.
Minnesota Statutes 2022, section 611A.31, subdivision 3, is amended to read:
Subd. 3.
Emergency shelter services.
"Emergency shelter services" include, but are
not limited to, secure crisis shelters for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end and housing
networks for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end .
Sec. 54.
Minnesota Statutes 2022, section 611A.31, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Housing supports. new text end
new text begin
"Housing supports" means services and supports used to
enable victims to secure and maintain transitional and permanent housing placement. Housing
supports include but are not limited to rental assistance and financial assistance to maintain
housing stability. Transitional housing placements may take place in communal living,
clustered site or scattered site programs, or other transitional housing models.
new text end
Sec. 55.
Minnesota Statutes 2022, section 611A.32, is amended to read:
611A.32 deleted text begin BATTERED WOMENdeleted text end new text begin DOMESTIC ABUSEnew text end PROGRAMS.
Subdivision 1.
Grants awarded.
The commissioner shall award grants to programs
which provide emergency shelter services deleted text begin to battered womendeleted text end new text begin , housing supports,new text end and support
services to deleted text begin battered women anddeleted text end domestic abuse victims and their children. The commissioner
shall also award grants for training, technical assistance, and for the development and
implementation of education programs to increase public awareness of the causes of deleted text begin batteringdeleted text end new text begin
domestic abusenew text end , the solutions to preventing and ending domestic violence, and the problems
faced by deleted text begin battered women anddeleted text end domestic abuse victims. Grants shall be awarded in a manner
that ensures that they are equitably distributed to programs serving metropolitan and
nonmetropolitan populations. deleted text begin By July 1, 1995, community-based domestic abuse advocacy
and support services programs must be established in every judicial assignment district.
deleted text end
Subd. 1a.
Program for American Indian deleted text begin womendeleted text end new text begin domestic abuse victimsnew text end .
The
commissioner shall establish at least one program under this section to provide emergency
shelter services and support services to deleted text begin battereddeleted text end American Indian deleted text begin womendeleted text end new text begin domestic abuse
victims and their childrennew text end . The commissioner shall grant continuing operating expenses to
the program established under this subdivision in the same manner as operating expenses
are granted to programs established under subdivision 1.
Subd. 2.
Applications.
Any public or private nonprofit agency may apply to the
commissioner for a grant to provide emergency shelter services deleted text begin to battered womendeleted text end ,new text begin housing
supports,new text end support servicesnew text begin , and one or more of these services and supportsnew text end to domestic abuse
victimsdeleted text begin , or both, to battered womendeleted text end and their children. The application shall be submitted
in a form approved by the commissioner by rule adopted under chapter 14 and shall include:
(1) a proposal for the provision of emergency shelter services deleted text begin for battered womendeleted text end ,new text begin
housing supports,new text end support servicesnew text begin , and one or more of these services and supportsnew text end for
domestic abuse victimsdeleted text begin , or both, for battered womendeleted text end and their children;
(2) a proposed budget;
(3) the agency's overall operating budget, including documentation on the retention of
financial reserves and availability of additional funding sources;
(4) evidence of an ability to integrate into the proposed program the uniform method of
data collection and program evaluation established under section 611A.33;
(5) evidence of an ability to represent the interests of deleted text begin battered women anddeleted text end domestic
abuse victims and their children to local law enforcement agencies and courts, county welfare
agencies, and local boards or departments of health;
(6) evidence of an ability to do outreach to unserved and underserved populations and
to provide culturally and linguistically appropriate services; and
(7) any other content the commissioner may require by rule adopted under chapter 14deleted text begin ,
after considering the recommendations of the advisory councildeleted text end .
Programs which have been approved for grants in prior years may submit materials
which indicate changes in items listed in clauses (1) to (7), in order to qualify for renewal
funding. Nothing in this subdivision may be construed to require programs to submit
complete applications for each year of renewal funding.
Subd. 3.
Duties of grantees.
Every public or private nonprofit agency which receives
a grant to provide emergency shelter services deleted text begin to battered women anddeleted text end new text begin , housing supports, ornew text end
support services to deleted text begin battered women anddeleted text end domestic abuse victims shall comply with all rules
of the commissioner related to the administration of the deleted text begin pilotdeleted text end programs.
Subd. 5.
Classification of data collected by grantees.
Personal history information and
other information collected, used or maintained by a grantee from which the identity or
location of any victim of domestic abuse may be determined is private data on individuals,
as defined in section 13.02, subdivision 12, and the grantee shall maintain the data in
accordance with the provisions of chapter 13.
Sec. 56.
Minnesota Statutes 2022, section 611A.51, is amended to read:
611A.51 TITLE.
Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act."
Sec. 57.
Minnesota Statutes 2022, section 611A.52, subdivision 3, is amended to read:
Subd. 3.
Board.
"Board" means the Crime Victims deleted text begin reparationsdeleted text end new text begin Reimbursementnew text end Board
established by section 611A.55.
Sec. 58.
Minnesota Statutes 2022, section 611A.52, subdivision 4, is amended to read:
Sec. 59.
Minnesota Statutes 2022, section 611A.52, subdivision 5, is amended to read:
Subd. 5.
Collateral source.
"Collateral source" means a source of benefits or advantages
for economic loss otherwise deleted text begin reparabledeleted text end new text begin reimbursablenew text end under sections 611A.51 to 611A.68
which the victim or claimant has received, or which is readily available to the victim, from:
(1) the offender;
(2) the government of the United States or any agency thereof, a state or any of its
political subdivisions, or an instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to benefits under sections
611A.51 to 611A.68;
(3) Social Security, Medicare, and Medicaid;
(4) state required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for economic loss sustained
because of the crime;
(8) a contract providing prepaid hospital and other health care services, or benefits for
disability;
(9) any private source as a voluntary donation or gift; or
(10) proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract.
Sec. 60.
Minnesota Statutes 2022, section 611A.53, is amended to read:
611A.53 deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENT new text end AWARDS PROHIBITED.
Subdivision 1.
Generally.
Except as provided in subdivisions 1a and 2, the following
persons shall be entitled to deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon a showing by a preponderance
of the evidence that the requirements for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end have been met:
(1) a victim who has incurred economic loss;
(2) a dependent who has incurred economic loss;
(3) the estate of a deceased victim if the estate has incurred economic loss;
(4) any other person who has incurred economic loss by purchasing any of the products,
services, and accommodations described in section 611A.52, subdivision 8, for a victim;
(5) the guardian, guardian ad litem, conservator or authorized agent of any of these
persons.
Subd. 1a.
Providers; limitations.
No hospital, medical organization, health care provider,
or other entity that is not an individual may qualify for reparations under subdivision 1,
clause (4). If a hospital, medical organization, health care provider, or other entity that is
not an individual qualifies for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under subdivision 1, clause (5),
because it is a guardian, guardian ad litem, conservator, or authorized agent, any deleted text begin reparationsdeleted text end new text begin
reimbursementnew text end to which it is entitled must be made payable solely or jointly to the victim,
if alive, or to the victim's estate or successors, if the victim is deceased.
Subd. 1b.
Minnesota residents injured elsewhere.
(a) A Minnesota resident who is
the victim of a crime committed outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the same rights under this chapter
as if the crime had occurred within this state upon a showing that the state, territory, United
States possession, country, or political subdivision of a country in which the crime occurred
does not have a crime deleted text begin victim reparationsdeleted text end new text begin victims reimbursementnew text end law covering the resident's
injury or death.
(b) Notwithstanding paragraph (a), a Minnesota resident who is the victim of a crime
involving international terrorism who otherwise meets the requirements of this section has
the same rights under this chapter as if the crime had occurred within this state regardless
of where the crime occurred or whether the jurisdiction has a crime victims deleted text begin reparationsdeleted text end new text begin
reimbursementnew text end law.
Subd. 2.
Limitations on awards.
No deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be awarded to a
claimant otherwise eligible if:
(1) the crime was not reported to the police within 30 days of its occurrence or, if it
could not reasonably have been reported within that period, within 30 days of the time when
a report could reasonably have been made. A victim of criminal sexual conduct in the first,
second, third, or fourth degree who does not report the crime within 30 days of its occurrence
is deemed to have been unable to have reported it within that period;
(2) the victim or claimant failed or refused to cooperate fully with the police and other
law enforcement officialsnew text begin . Cooperation is determined through law enforcement reports,
prosecutor records, or corroboration memorialized in a signed document submitted by a
victim service, counseling, or medical professional involved in the casenew text end ;
(3) the victim or claimant was the offender or an accomplice of the offender or an award
to the claimant would unjustly benefit the offender or an accomplice;
(4) the victim or claimant was in the act of committing a crime at the time the injury
occurred;
(5) no claim was filed with the board within three years of victim's injury or death; except
that (i) if the claimant was unable to file a claim within that period, then the claim can be
made within three years of the time when a claim could have been filed; and (ii) if the
victim's injury or death was not reasonably discoverable within three years of the injury or
death, then the claim can be made within three years of the time when the injury or death
is reasonably discoverable. The following circumstances do not render a claimant unable
to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the
Minnesota Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act, (B) the failure of a law
enforcement agency to provide information or assistance to a potential claimant under
section 611A.66, (C) the incompetency of the claimant if the claimant's affairs were being
managed during that period by a guardian, guardian ad litem, conservator, authorized agent,
or parent, or (D) the fact that the claimant is not of the age of majority; or
(6) the claim is less than $50.
The limitations contained in clauses (1) and (6) do not apply to victims of child abuse.
In those cases the three-year limitation period commences running with the report of the
crime to the police.
Sec. 61.
Minnesota Statutes 2022, section 611A.54, is amended to read:
611A.54 AMOUNT OF deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end .
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end shall equal economic loss except that:
(1) deleted text begin reparationsdeleted text end new text begin reimbursement new text end shall be reduced to the extent that economic loss is
recouped from a collateral source or collateral sources. Where compensation is readily
available to a claimant from a collateral source, the claimant must take reasonable steps to
recoup from the collateral source before claiming deleted text begin reparationsdeleted text end new text begin reimbursementnew text end ;
(2) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be denied or reduced to the extent, if any, that the
board deems reasonable because of the contributory misconduct of the claimant or of a
victim through whom the claimant claimsnew text begin . Contributory misconduct does not include current
or past affiliation with any particular groupnew text end ; and
(3) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end paid to all claimants suffering economic loss as the result
of the injury or death of any one victim shall not exceed $50,000.
No employer may deny an employee an award of benefits based on the employee's
eligibility or potential eligibility for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end .
Sec. 62.
Minnesota Statutes 2022, section 611A.55, is amended to read:
611A.55 CRIME VICTIMS deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end BOARD.
Subdivision 1.
Creation of board.
There is created in the Department of Public Safety,
for budgetary and administrative purposes, the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end
Board, which shall consist of five members appointed by the commissioner of public safety.
One of the members shall be designated as chair by the commissioner of public safety and
serve as such at the commissioner's pleasure. At least one member shall be a medical or
osteopathic physician licensed to practice in this state, and at least one member shall be a
victim, as defined in section 611A.01.
Subd. 2.
Membership, terms and compensation.
The membership terms, compensation,
removal of members, and filling of vacancies on the board shall be as provided in section
15.0575.
Subd. 3.
Part-time service.
Members of the board shall serve part time.
Sec. 63.
Minnesota Statutes 2022, section 611A.56, is amended to read:
611A.56 POWERS AND DUTIES OF BOARD.
Subdivision 1.
Duties.
In addition to carrying out any duties specified elsewhere in
sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including
rules governing the method of practice and procedure before the board, prescribing the
manner in which applications for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be made, and providing
for discovery proceedings;
(3) publicize widely the availability of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and the method of
making claims; and
(4) prepare and transmit annually to the governor and the commissioner of public safety
a report of its activities including the number of claims awarded, a brief description of the
facts in each case, the amount of deleted text begin reparationdeleted text end new text begin reimbursementnew text end awarded, and a statistical
summary of claims and awards made and denied.
Subd. 2.
Powers.
In addition to exercising any powers specified elsewhere in sections
611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant
or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records,
and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions
within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts
within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim
provided that notice is given to the person to be examined and that the claimant and the
attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out
of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and
data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency deleted text begin reparationsdeleted text end new text begin reimbursementnew text end pending the final determination of a
claim if it is one with respect to which an award will probably be made and undue hardship
will result to the claimant if immediate payment is not made; and
(8) reconsider any decision granting or denying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end or determining
their amount.
Sec. 64.
Minnesota Statutes 2022, section 611A.57, subdivision 5, is amended to read:
Subd. 5.
Reconsideration.
The claimant may, within 30 days after receiving the decision
of the board, apply for reconsideration before the entire board. Upon request for
reconsideration, the board shall reexamine all information filed by the claimant, including
any new information the claimant provides, and all information obtained by investigation.
The board may also conduct additional examination into the validity of the claim. Upon
reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied
deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon reconsideration is entitled to a contested case hearing within
the meaning of chapter 14.
Sec. 65.
Minnesota Statutes 2022, section 611A.57, subdivision 6, is amended to read:
Subd. 6.
Data.
Claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and supporting documents and
reports are investigative data and subject to the provisions of section 13.39 until the claim
is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or
abandonment of a claim, the claim and supporting documents and reports are private data
on individuals as defined in section 13.02, subdivision 12; provided that the board may
forward any deleted text begin reparationsdeleted text end new text begin reimbursementnew text end claim forms, supporting documents, and reports to
local law enforcement authorities for purposes of implementing section 611A.67.
Sec. 66.
Minnesota Statutes 2022, section 611A.60, is amended to read:
611A.60 deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end ; HOW PAID.
deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end may be awarded in a lump sum or in installments in the
discretion of the board. The amount of any emergency award shall be deducted from the
final award, if a lump sum, or prorated over a period of time if the final award is made in
installments. deleted text begin Reparations aredeleted text end new text begin Reimbursement is new text end exempt from execution or attachment except
by persons who have supplied services, products or accommodations to the victim as a result
of the injury or death which is the basis of the claim. The board, in its discretion may order
that all or part of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded be paid directly to these suppliers.
Sec. 67.
Minnesota Statutes 2022, section 611A.61, is amended to read:
611A.61 SUBROGATION.
Subdivision 1.
Subrogation rights of state.
The state shall be subrogated, to the extent
of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded, to all the claimant's rights to recover benefits or
advantages for economic loss from a source which is or, if readily available to the victim
or claimant would be, a collateral source. Nothing in this section shall limit the claimant's
right to bring a cause of action to recover for other damages.
Subd. 2.
Duty of claimant to assist.
A claimant who receives deleted text begin reparationsdeleted text end new text begin reimbursementnew text end
must agree to assist the state in pursuing any subrogation rights arising out of the claim.
The board may require a claimant to agree to represent the state's subrogation interests if
the claimant brings a cause of action for damages arising out of the crime or occurrence for
which the board has awarded deleted text begin reparationsdeleted text end new text begin reimbursementnew text end . An attorney who represents the
state's subrogation interests pursuant to the client's agreement with the board is entitled to
reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the
state.
Sec. 68.
Minnesota Statutes 2022, section 611A.612, is amended to read:
611A.612 CRIME VICTIMS ACCOUNT.
A crime victim account is established as a special account in the state treasury. Amounts
collected by the state under section 611A.61, paid to the Crime Victims deleted text begin Reparationsdeleted text end new text begin
Reimbursementnew text end Board under section 611A.04, subdivision 1a, or amounts deposited by the
court under section 611A.04, subdivision 5, shall be credited to this account. Money credited
to this account is annually appropriated to the Department of Public Safety for use for crime
victim deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under sections 611A.51 to 611A.67.
Sec. 69.
Minnesota Statutes 2022, section 611A.66, is amended to read:
611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS
OF RIGHT TO FILE CLAIM.
All law enforcement agencies investigating crimes shall provide victims with notice of
their right to apply for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end with the telephone number deleted text begin to call to
requestdeleted text end new text begin and website information to obtainnew text end an application form.
Law enforcement agencies shall assist the board in performing its duties under sections
611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request
from the board shall supply the board with requested reports, notwithstanding any provisions
to the contrary in chapter 13, and including reports otherwise maintained as confidential or
not open to inspection under section 260B.171 or 260C.171. All data released to the board
retains the data classification that it had in the possession of the law enforcement agency.
Sec. 70.
Minnesota Statutes 2022, section 611A.68, subdivision 2a, is amended to read:
Subd. 2a.
Notice and payment of proceeds to board required.
A person that enters
into a contract with an offender convicted in this state, and a person that enters into a contract
in this state with an offender convicted in this state or elsewhere within the United States,
must comply with this section if the person enters into the contract during the ten years after
the offender is convicted of a crime or found not guilty by reason of insanity. If an offender
is imprisoned or committed to an institution following the conviction or finding of not guilty
by reason of insanity, the ten-year period begins on the date of the offender's release. A
person subject to this section must notify the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end
Board of the existence of the contract immediately upon its formation, and pay over to the
board money owed to the offender or the offender's representatives by virtue of the contract
according to the following proportions:
(1) if the crime occurred in this state, the person shall pay to the board 100 percent of
the money owed under the contract;
(2) if the crime occurred in another jurisdiction having a law applicable to the contract
which is substantially similar to this section, this section does not apply, and the person
must not pay to the board any of the money owed under the contract; and
(3) in all other cases, the person shall pay to the board that percentage of money owed
under the contract which can fairly be attributed to commerce in this state with respect to
the subject matter of the contract.
Sec. 71.
Minnesota Statutes 2022, section 611A.68, subdivision 4, is amended to read:
Subd. 4.
Deductions.
When the board has made deleted text begin reparationsdeleted text end new text begin reimbursementnew text end payments
to or on behalf of a victim of the offender's crime pursuant to sections 611A.51 to 611A.68,
it shall deduct the amount of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end award from any payment
received under this section by virtue of the offender's contract unless the board has already
been reimbursed for the deleted text begin reparationsdeleted text end award from another collateral source.
Sec. 72.
Minnesota Statutes 2022, section 611A.68, subdivision 4b, is amended to read:
Subd. 4b.
Claims by victims of offender's crime.
A victim of a crime committed by
the offender and the estate of a deceased victim of a crime committed by the offender may
submit the following claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and damages to the board to be
paid from money received by virtue of the offender's contract:
(1) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim is entitled under sections
611A.51 to 611A.68 and for which the victim has not yet received an award from the board;
(2) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim would have been entitled
under sections 611A.51 to 611A.68, but for the $50,000 maximum limit contained in section
611A.54, clause (3); and
(3) claims for other uncompensated damages suffered by the victim as a result of the
offender's crime including, but not limited to, damages for pain and suffering.
The victim must file the claim within five years of the date on which the board received
payment under this section. The board shall determine the victim's claim in accordance with
the procedures contained in sections 611A.57 to 611A.63. An award made by the board
under this subdivision must be paid from the money received by virtue of the offender's
contract that remains after a deduction or allocation, if any, has been made under subdivision
4 or 4a.
Sec. 73.
Minnesota Statutes 2022, section 611A.68, subdivision 4c, is amended to read:
Subd. 4c.
Claims by other crime victims.
The board may use money received by virtue
of an offender's contract for the purpose of paying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded to
victims of other crimes pursuant to sections 611A.51 to 611A.68 under the following
circumstances:
(1) money remain after deductions and allocations have been made under subdivisions
4 and 4a, and claims have been paid under subdivision 4b; or
(2) no claim is filed under subdivision 4b within five years of the date on which the
board received payment under this section.
None of this money may be used for purposes other than deleted text begin the payment of reparationsdeleted text end new text begin
reimbursementnew text end .
Sec. 74.
Minnesota Statutes 2022, section 629.341, subdivision 3, is amended to read:
Subd. 3.
Notice of rights.
The peace officer shall tell the victim whether a shelter or
other services are available in the community and give the victim immediate notice of the
legal rights and remedies available. The notice must include furnishing the victim a copy
of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or
county attorney to file a criminal complaint. You also have the right to go to court and file
a petition requesting an order for protection from domestic abuse. The order could include
the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the
abuser has a legal obligation to do so."
The notice must include the resource listing, including telephone number, for the area
deleted text begin battered women'sdeleted text end new text begin program that provides services to victims of domestic abuse asnew text end shelter,
deleted text begin to bedeleted text end designated by the new text begin Office of Justice Programs in the new text end Department of deleted text begin Correctionsdeleted text end new text begin Public
Safetynew text end .
Sec. 75.
Minnesota Statutes 2022, section 629.341, subdivision 4, is amended to read:
Subd. 4.
Report required.
Whenever a peace officer investigates an allegation that an
incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer
shall make a written police report of the alleged incident. The report must contain at least
the following information: the name, address and telephone number of the victim, if provided
by the victim, a statement as to whether an arrest occurred, the name of the arrested person,
and a brief summary of the incident. Data that identify a victim who has made a request
under section 13.82, subdivision 17, paragraph (d), and that are private data under that
subdivision, shall be private in the report required by this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney,
or organizations designated by the Office of Justice Programs in the Department of Public
Safety deleted text begin or the commissioner of correctionsdeleted text end that are providing services to victims of domestic
abuse. The officer shall submit the report to the officer's supervisor or other person to whom
the employer's rules or policies require reports of similar allegations of criminal activity to
be made.
Sec. 76.
Minnesota Statutes 2022, section 629.72, subdivision 6, is amended to read:
Subd. 6.
Notice; release of arrested person.
(a) Immediately after issuance of a citation
in lieu of continued detention under subdivision 1, or the entry of an order for release under
subdivision 2, but before the arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good faith effort to inform orally
the alleged victim, local law enforcement agencies known to be involved in the case, if
different from the agency having custody, and, at the victim's request any local battered
women's and domestic abuse programs established under section 611A.32 or sexual assault
programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person
and the victim's right to be present at the court appearance; and
(4) if the arrested person is charged with domestic abuse, the location and telephone
number of the area deleted text begin battered women's shelterdeleted text end new text begin program that provides services to victims of
domestic abusenew text end as designated by the Office of Justice Programs in the Department of Public
Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency
having custody of the arrested person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of the information in paragraph
(a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data
on individuals as defined in section 13.02, subdivision 12, and are accessible only to the
victim.
Sec. 77. new text begin RULES; SOFT BODY ARMOR REIMBURSEMENT.
new text end
new text begin
The commissioner of public safety shall amend rules adopted under Minnesota Statutes,
section 299A.38, subdivision 4, to reflect the soft body armor reimbursement for public
safety officers under that section.
new text end
Sec. 78. new text begin INITIAL APPOINTMENT AND FIRST MEETING FOR THE
GAAGIGE-MIKWENDAAGOZIWAG REWARD ADVISORY GROUP.
new text end
new text begin
The director of the Office for Missing and Murdered Indigenous Relatives must appoint
the first members to the Gaagige-Mikwendaagoziwag reward advisory group under Minnesota
Statutes, section 299A.86, subdivision 4, by August 15, 2023, and must convene the first
meeting of the group by October 1, 2023. The group must elect a chair at its first meeting.
new text end
Sec. 79. new text begin REVISOR INSTRUCTION.
new text end
new text begin
(a) In Minnesota Statutes, the revisor of statutes shall change "reparations," "reparable,"
or the same or similar terms to "reimbursement," "reimbursable," or the same or similar
terms consistent with this act. The revisor shall also make other technical changes resulting
from the change of term to the statutory language, sentence structure, or both, if necessary
to preserve the meaning of the text.
new text end
new text begin
(b) The revisor of statutes shall make necessary changes to statutory cross-references
to reflect the changes made to Minnesota Statutes, section 299A.38, in this act.
new text end
new text begin
(c) The revisor of statutes shall make necessary changes to language, grammar, and
sentence structure in Minnesota Statutes sections 629.06, 629.13, and 629.14 to give effect
to Laws 2023, chapters 29, sections 8, 9, and 10; and 31, sections 12, 13, and 14.
new text end
Sec. 80. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 299C.80, subdivision 7; and 518B.02, subdivision 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 6
SENTENCING
Section 1.
Minnesota Statutes 2022, 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 deleted text begin justice of the supreme courtdeleted text end new text begin
judge of the appellate courtnew text end ;
(3) one district court judge appointed by the deleted text begin chief justice of the supreme courtdeleted text end new text begin Judicial
Council upon recommendation of the Minnesota District Judges Associationnew text end ;
(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 deleted text begin paroledeleted text end new text begin supervised releasenew text end officer appointed by the governor;
deleted text begin and
deleted text end
(9) new text begin one person who works for an organization that provides treatment or rehabilitative
services for individuals convicted of felony offenses appointed by the governor;
new text end
new text begin
(10) one person who is an academic with a background in criminal justice or corrections
appointed by the governor; and
new text end
new text begin (11) new text end three public members appointed by the governor, one of whom shall be a new text begin person
who has been the new text end victim of a crime defined as a felonynew text begin or a victims' advocate, and one of
whom shall be a person who has been formerly convicted of and discharged from a
felony-level sentencenew text end .
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.
Sec. 2.
Minnesota Statutes 2022, section 244.09, subdivision 3, is amended to read:
Subd. 3.
Appointment terms.
new text begin (a) Except as provided in paragraph (b), new text end 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 which made the member eligible for the
appointment. Each member shall continue in office until a successor is duly appointed.
Members shall be eligible for reappointment, and appointment may be made to fill an
unexpired term.
new text begin (b) new text end The term of any member appointed or reappointed by the governor before the first
Monday in January deleted text begin 1991deleted text end new text begin 2027new text end expires on that date. deleted text begin The term of any member appointed or
reappointed by the governor after the first Monday in January 1991 is coterminous with the
governor.deleted text end new text begin The terms of members appointed or reappointed by the governor to fill the
vacancies that occur on the first Monday in January 2027 shall be staggered so that five
members shall be appointed for initial terms of four years and four members shall be
appointed for initial terms of two years.
new text end
new text begin (c) new text end The members of the commission shall elect any additional officers necessary for the
efficient discharge of their duties.
Sec. 3.
Minnesota Statutes 2022, section 244.09, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Report on sentencing adjustments. new text end
new text begin
The Sentencing Guidelines Commission
shall include in its annual report to the legislature a summary and analysis of sentence
adjustments issued under section 609.133. At a minimum, the summary and analysis must
include information on the counties where a sentencing adjustment was granted and on the
race, sex, and age of individuals who received a sentence adjustment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:
Subd. 2.
Felony.
"Felony" means a crime for which a sentence of imprisonment for
deleted text begin more thandeleted text end one year new text begin or more new text end may be imposed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2022, section 609.03, is amended to read:
609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the
person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than deleted text begin one yeardeleted text end new text begin
364 daysnew text end or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified
term of not more than six months if the fine is not paid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence on or after that date and
retroactively to offenders who received a gross misdemeanor sentence before that date.
new text end
Sec. 6.
new text begin
[609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
new text end
new text begin
(a) Any law of this state that provides for a maximum sentence of imprisonment of one
year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine
of $3,000 and a maximum sentence of imprisonment of 364 days.
new text end
new text begin
(b) Any sentence of imprisonment for one year or 365 days imposed or executed before
July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may
at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the
Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of
any eligible defendant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence on or after that date and
retroactively to offenders who received a gross misdemeanor sentence before that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:
Subdivision 1.
Sentence to deleted text begin more thandeleted text end one yearnew text begin or morenew text end .
A felony sentence to
imprisonment for deleted text begin more thandeleted text end one year new text begin or more new text end shall commit the defendant to the custody of
the commissioner of corrections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:
Subd. 3.
Sentence to new text begin less than new text end one year deleted text begin or lessdeleted text end .
A sentence to imprisonment for a period
of new text begin less than new text end one year deleted text begin or any lesser perioddeleted text end shall be to a workhouse, work farm, county jail,
or other place authorized by law.
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.
Minnesota Statutes 2022, section 609.1055, is amended to read:
609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS;
ALTERNATIVE PLACEMENT.
When a court intends to commit an offender with a serious and persistent mental illness,
as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the
commissioner of corrections for imprisonment at a state correctional facility, either when
initially pronouncing a sentence or when revoking an offender's probation, the court, when
consistent with public safety, may instead place the offender on probation or continue the
offender's probation and require as a condition of the probation that the offender successfully
complete an appropriate supervised alternative living program having a mental health
treatment component. This section applies only to offenders who would have a remaining
term of imprisonment after adjusting for credit for prior imprisonment, if any, of deleted text begin more thandeleted text end
one yearnew text begin or morenew 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. 10.
new text begin
[609.133] SENTENCE ADJUSTMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "prosecutor" means the attorney general, county attorney, or city attorney responsible
for the prosecution of individuals charged with a crime; and
new text end
new text begin
(2) "victim" has the meaning given in section 611A.01.
new text end
new text begin Subd. 2. new text end
new text begin Prosecutor-initiated sentence adjustment. new text end
new text begin
The prosecutor responsible for
the prosecution of an individual convicted of a crime may commence a proceeding to adjust
the sentence of that individual at any time after the initial sentencing provided the prosecutor
does not seek to increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
new text end
new text begin Subd. 3. new text end
new text begin Review by prosecutor. new text end
new text begin
(a) A prosecutor may review individual cases at the
prosecutor's discretion.
new text end
new text begin
(b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and
good faith effort to seek input from any identifiable victim and shall consider the impact
an adjusted sentence would have on the victim.
new text end
new text begin
(c) The commissioner of corrections, a supervising agent, or an offender may request
that a prosecutor review an individual case. A prosecutor is not required to respond to a
request. Inaction by a prosecutor shall not be considered by any court as grounds for an
offender, a supervising agent, or the commissioner of corrections to petition for a sentence
adjustment under this section or for a court to adjust a sentence without a petition.
new text end
new text begin Subd. 4. new text end
new text begin Petition; contents; fee. new text end
new text begin
(a) A prosecutor's petition for sentence adjustment
shall be filed in the district court where the individual was convicted and include the
following:
new text end
new text begin
(1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;
new text end
new text begin
(2) the individual's date of birth;
new text end
new text begin
(3) the individual's address;
new text end
new text begin
(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;
new text end
new text begin
(5) the details of the offense for which an adjustment is sought, including:
new text end
new text begin
(i) the date and jurisdiction of the occurrence;
new text end
new text begin
(ii) either the names of any victims or that there were no identifiable victims;
new text end
new text begin
(iii) whether there is a current order for protection, restraining order, or other no contact
order prohibiting the individual from contacting the victims or whether there has ever been
a prior order for protection or restraining order prohibiting the individual from contacting
the victims;
new text end
new text begin
(iv) the court file number; and
new text end
new text begin
(v) the date of conviction;
new text end
new text begin
(6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional facilities, or
other personal history that demonstrates rehabilitation;
new text end
new text begin
(7) the individual'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 an adjustment is sought;
new text end
new text begin
(8) the individual's criminal charges record indicating all prior and pending criminal
charges against the individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or were the subject
of pretrial diversion; and
new text end
new text begin
(9) to the extent known, all prior requests by the individual, 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, or expungement or sealing of a criminal record, whether granted
or not, and all stays of adjudication or imposition of sentence involving the petitioner.
new text end
new text begin
(b) The filing fee for a petition brought under this section shall be waived.
new text end
new text begin Subd. 5. new text end
new text begin Service of petition. new text end
new text begin
(a) The prosecutor shall serve the petition for sentence
adjustment on the individual on whose behalf the petition is being brought.
new text end
new text begin
(b) The prosecutor shall make a good faith and reasonable effort to notify any person
determined to be a victim of the offense for which adjustment is sought of the existence of
a petition. Notification 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) Notice to victims of the offense under this subdivision must:
new text end
new text begin
(1) specifically inform the victim of the right to object, orally or in writing, to the
proposed adjustment of sentence; and
new text end
new text begin
(2) inform the victims of the right to be present and to submit an oral or written statement
at the hearing described in subdivision 6.
new text end
new text begin
(d) If a victim notifies the prosecutor of an objection to the proposed adjustment of
sentence and is not present when the court considers the sentence adjustment, the prosecutor
shall make these objections known to the court.
new text end
new text begin Subd. 6. new text end
new text begin Hearing. new text end
new text begin
(a) The court shall hold a hearing on the petition no sooner than 60
days after service of the petition. The hearing shall be scheduled so that the parties have
adequate time to prepare and present arguments regarding the issue of sentence adjustment.
The parties may submit written arguments to the court prior to the date of the hearing and
may make oral arguments before the court at the hearing. The individual on whose behalf
the petition has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end
new text begin
(b) A victim of the offense for which sentence adjustment is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing the harm
suffered by the victim as a result of the crime and the victim's recommendation on whether
adjustment should be granted or denied. The judge shall consider the victim's statement
when making a decision.
new text end
new text begin
(c) Representatives of the Department of Corrections, supervising agents, community
treatment providers, and any other individual with relevant information may submit an oral
or written statement to the court at the time of the hearing.
new text end
new text begin Subd. 7. new text end
new text begin Nature of remedy; standard. new text end
new text begin
(a) The court shall determine whether there are
substantial and compelling reasons to adjust the individual's sentence. In making this
determination, the court shall consider what impact, if any, a sentence adjustment would
have on public safety, including whether an adjustment would promote the rehabilitation
of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
disparities. In making this determination, the court may consider factors relating to both the
offender and the offense, including but not limited to:
new text end
new text begin
(1) the presentence investigation report used at sentencing, if available;
new text end
new text begin
(2) the individual's performance on probation or supervision;
new text end
new text begin
(3) the individual's disciplinary record during any period of incarceration;
new text end
new text begin
(4) records of any rehabilitation efforts made by the individual since the date of offense
and any plan to continue those efforts in the community;
new text end
new text begin
(5) evidence that remorse, age, diminished physical condition, or any other factor has
significantly reduced the likelihood that the individual will commit a future offense;
new text end
new text begin
(6) the amount of time the individual has served in custody or under supervision; and
new text end
new text begin
(7) significant changes in law or sentencing practice since the date of offense.
new text end
new text begin
(b) Notwithstanding any law to the contrary, if the court determines by a preponderance
of the evidence that there are substantial and compelling reasons to adjust the individual's
sentence, the court may modify the sentence in any way provided the adjustment does not:
new text end
new text begin
(1) increase the period of confinement or, if the individual is serving a stayed sentence,
increase the period of supervision;
new text end
new text begin
(2) reduce or eliminate the amount of court-ordered restitution; or
new text end
new text begin
(3) reduce or eliminate a term of conditional release required by law when a court
commits an offender to the custody of the commissioner of corrections.
new text end
new text begin
The court may stay imposition or execution of sentence pursuant to section 609.135.
new text end
new text begin
(c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
a judgment of conviction for a different offense, or impose sentence for any other offense.
new text end
new text begin
(d) The court shall state in writing or on the record the reasons for its decision on the
petition. If the court grants a sentence adjustment, the court shall provide the information
in section 244.09, subdivision 15, to the Sentencing Guidelines Commission.
new text end
new text begin Subd. 8. new text end
new text begin Appeals. new text end
new text begin
An order issued under this section shall not be considered a final
judgment, but shall be treated as an order imposing or staying a sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.135, subdivision 1a, is amended to read:
Subd. 1a.
Failure to pay restitution.
If the court orders payment of restitution as a
condition of probation and if the defendant fails to pay the restitution in accordance with
the payment schedule or structure established by the court or the probation officer, the
prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to determine whether
or not the conditions of probation should be changed or probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution ordered has not been
paid prior to 60 days before the term of probation expires. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph
deleted text begin (g)deleted text end new text begin (h)new text end , before the defendant's term of probation expires.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104 when a defendant fails to pay court-ordered restitution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 12.
Minnesota Statutes 2022, section 609.135, subdivision 1c, is amended to read:
Subd. 1c.
Failure to complete court-ordered treatment.
If the court orders a defendant
to undergo treatment as a condition of probation and if the defendant fails to successfully
complete treatment at least 60 days before the term of probation expires, the prosecutor or
the defendant's probation officer may ask the court to hold a hearing to determine whether
the conditions of probation should be changed or probation should be revoked. The court
shall schedule and hold this hearing and take appropriate action, including action under
subdivision 2, paragraph deleted text begin (h)deleted text end new text begin (i)new text end , before the defendant's term of probation expires.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 13.
Minnesota Statutes 2022, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) new text begin Except as provided in paragraph (b),
new text end if the conviction is for a felony deleted text begin other than section 609.2113, subdivision 1 or 2, 609.2114,
subdivision 2, or section 609.3451, subdivision 1 or 1a, or Minnesota Statutes 2012, section
609.21, subdivision 1a, paragraph (b) or (c)deleted text end , the stay shall be for not more than deleted text begin fourdeleted text end new text begin fivenew text end
years or the maximum period for which the sentence of imprisonment might have been
imposed, whichever is deleted text begin longerdeleted text end new text begin lessnew text end .
new text begin
(b) If the conviction is for a felony described in section 609.19; 609.195; 609.20;
609.2112; 609.2113, subdivision 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342;
609.343; 609.344; 609.345; 609.3451; 609.3458; or 609.749, the stay shall be for not more
than four years or the maximum period for which the sentence of imprisonment might have
been imposed, whichever is longer.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end If the conviction is for a gross misdemeanor violation of section 169A.20,
609.2113, subdivision 3, or 609.3451, deleted text begin or for a felony described in section 609.2113,
subdivision 1 or 2, 609.2114, subdivision 2, or 609.3451, subdivision 1 or 1a,deleted text end the stay shall
be for not more than deleted text begin sixdeleted text end new text begin fournew text end years. The court shall provide for unsupervised probation for
the last year of the stay unless the court finds that the defendant needs supervised probation
for all or part of the last year.
deleted text begin (c)deleted text end new text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph deleted text begin (b)deleted text end new text begin (c)new text end ,
the stay shall be for not more than two years.
deleted text begin (d)deleted text end new text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224,
subdivision 1, in which the victim of the crime was a family or household member as defined
in section 518B.01, the stay shall be for not more than two years. The court shall provide
for unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
deleted text begin (e)deleted text end new text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , the stay
shall be for not more than one year.
deleted text begin (f)deleted text end new text begin (g)new text end The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph deleted text begin (g)deleted text end new text begin (h)new text end , or the defendant has
already been discharged.
deleted text begin (g)deleted text end new text begin (h)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.
deleted text begin (h)deleted text end new text begin (i)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to sentences
announced on or after that date.
new text end
Sec. 14. new text begin PROBATION LIMITS; RETROACTIVE APPLICATION.
new text end
new text begin
(a) Any person placed on probation before August 1, 2023, is eligible for resentencing
if:
new text end
new text begin
(1) the person was placed on probation for a gross misdemeanor or felony violation;
new text end
new text begin
(2) the court placed the person on probation for a length of time for a felony violation
that exceeded five years or for a gross misdemeanor violation that exceeded four years;
new text end
new text begin
(3) under Minnesota Statutes, section 609.135, subdivision 2, the maximum length of
probation the court could have ordered the person to serve on or after August 1, 2023, is
less than the period imposed; and
new text end
new text begin
(4) the sentence of imprisonment has not been executed.
new text end
new text begin
(b) Eligibility for resentencing within the maximum length of probation the court could
have ordered the person to serve on or after August 1, 2023, applies to each period of
probation ordered by the court. Upon resentencing, periods of probation must be served
consecutively if a court previously imposed consecutive periods of probation on the person.
The court may not increase a previously ordered period of probation under this section or
order that periods of probation be served consecutively unless the court previously imposed
consecutive periods of probation.
new text end
new text begin
(c) Resentencing may take place without a hearing.
new text end
new text begin
(d) The term of the stay of probation for any person who is eligible for resentencing
under paragraph (a) and who has served five or more years of probation for a felony violation
or four or more years of probation for a gross misdemeanor violation as of August 1, 2023,
shall be considered to have expired on October 1, 2023, unless:
new text end
new text begin
(1) the term of the stay of probation would have expired before that date under the
original sentence; or
new text end
new text begin
(2) the length of probation is extended pursuant to Minnesota Statutes, section 609.135,
subdivision 2, paragraph (h) or (i).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to sentences
announced before that date.
new text end
Sec. 15. new text begin SENTENCING GUIDELINES COMMISSION; MODIFICATION.
new text end
new text begin
The Sentencing Guidelines Commission shall modify the Sentencing Guidelines to be
consistent with changes to Minnesota Statutes, section 609.135, subdivision 2, governing
the maximum length of probation a court may order.
new text end
Sec. 16. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year"
consistent with the change in this act. The revisor shall also make other technical changes
resulting from the change of term to the statutory language if necessary to preserve the
meaning of the text.
new text end
ARTICLE 7
EXPUNGEMENT
Section 1.
Minnesota Statutes 2022, section 13.871, subdivision 14, is amended to read:
Subd. 14.
Expungement petitions.
new text begin (a) new text end Provisions regarding the classification and sharing
of data contained in a petition for expungement of a criminal record are included in section
609A.03.
new text begin
(b) Provisions regarding the classification and sharing of data related to automatic
expungements are included in sections 299C.097 and 609A.015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 2.
Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read:
Subdivision 1.
Deferring prosecution for certain first time drug offenders.
(a) A
court may defer prosecution as provided in paragraph (c) for any person found guilty, after
trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024,
subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d),
for possession of a controlled substance, who:
(1) has not previously participated in or completed a diversion program authorized under
section 401.065;
(2) has not previously been placed on probation without a judgment of guilty and
thereafter been discharged from probation under this section; and
(3) has not been convicted of a felony violation of this chapter, including a felony-level
attempt or conspiracy, or been convicted by the United States or another state of a similar
offense that would have been a felony under this chapter if committed in Minnesota, unless
ten years have elapsed since discharge from sentence.
(b) The court must defer prosecution as provided in paragraph (c) for any person found
guilty of a violation of section 152.025, subdivision 2, who:
(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
(2) has not previously been convicted of a felony offense under any state or federal law
or of a gross misdemeanor under section 152.025.
(c) In granting relief under this section, the court shall, 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. The court 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. new text begin Upon receipt of notice that the
proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting
or citing law enforcement agency and direct that agency to seal its records related to the
charge. new text end 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 January 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 181.981, subdivision 1, is amended to read:
Subdivision 1.
Limitation on admissibility of criminal history.
Information regarding
a criminal history record of an employee or former employee may not be introduced as
evidence in a civil action against a private employer or its employees or agents that is based
on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree
of risk than that created by the employee or former employee interacting with the public
outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of the act giving rise to the civil actiondeleted text begin ,deleted text end new text begin :
new text end
new text begin (i)new text end a court order sealed any record of the criminal casenew text begin ;
new text end
new text begin (ii) any record of the criminal case was sealed as the result of an automatic expungement,
including but not limited to a grant of expungement made pursuant to section 609A.015;new text end
or
new text begin (iii)new text end the employee or former employee received a pardon;
(3) the record is of an arrest or charge that did not result in a criminal conviction; or
(4) the action is based solely upon the employer's compliance with section 364.021.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read:
Subdivision 1.
Background studies conducted by Department of Human Services.
(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:
(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;
(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);
(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, the
commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;
(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and
(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and
(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.
(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unlessnew text begin :
new text end
new text begin (1)new text end the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissionernew text begin ; or
new text end
new text begin (2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissionernew text end .
(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.
(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.
(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 245C.08, subdivision 2, is amended to read:
Subd. 2.
Background studies conducted by a county agency for family child care.
(a)
Before the implementation of NETStudy 2.0, for a background study conducted by a county
agency for family child care services, the commissioner shall review:
(1) information from the county agency's record of substantiated maltreatment of adults
and the maltreatment of minors;
(2) information from juvenile courts as required in subdivision 4 for:
(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13
through 23 living in the household where the licensed services will be provided; and
(ii) any other individual listed under section 245C.03, subdivision 1, when there is
reasonable cause; and
(3) information from the Bureau of Criminal Apprehension.
(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.
(c) Notwithstanding expungement by a court, the county agency may consider information
obtained under paragraph (a), clause (3), unlessnew text begin :
new text end
new text begin (1) new text end the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissionernew text begin ; or
new text end
new text begin (2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissionernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 6.
new text begin
[299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE
FOR EXPUNGEMENT.
new text end
new text begin
(a) The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to petty misdemeanor and misdemeanor offenses that
may become eligible for expungement pursuant to section 609A.015 and which do not
require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in
the criminal history system.
new text end
new text begin
(b) These data are private data on individuals under section 13.02, subdivision 12.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 7.
Minnesota Statutes 2022, section 299C.10, subdivision 1, is amended to read:
Subdivision 1.
Required fingerprinting.
(a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be
taken immediately deleted text begin fingerdeleted text end new text begin fingerprintsnew text end and deleted text begin thumb printsdeleted text end new text begin thumbprintsnew text end , photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of the
following:
(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
or alleged to have committed felonies or gross misdemeanors as distinguished from those
committed by adult offenders;
(3) adults and juveniles admitted to jails or detention facilities;
(4) persons reasonably believed by the arresting officer to be fugitives from justice;
(5) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
to be intended for such purposes;
(6) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and
(7) persons currently involved in the criminal justice process, on probation, on parole,
or in custody for any offense whom the superintendent of the bureau identifies as being the
subject of a court disposition record which cannot be linked to an arrest record, and whose
fingerprints are necessary to reduce the number of suspense files, or to comply with the
mandates of section 299C.111, relating to the reduction of the number of suspense files.
This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest interviews, while
making court appearances, while in custody, or while on any form of probation, diversion,
or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be electronically entered into a bureau-managed
searchable database in a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take fingerprints of an individual who is
presently on probation.
(d) deleted text begin Fingerdeleted text end new text begin Fingerprintsnew text end and deleted text begin thumb printsdeleted text end new text begin thumbprintsnew text end must be obtained no later than:
(1) release from booking; or
(2) if not booked prior to acceptance of a plea of guilty or not guilty.
Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the taking
of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
period may be extended upon a showing that additional time in custody is essential for the
successful taking of prints.
(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation),new text begin 609.749 (obscene or harassing telephone
calls),new text end 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 299C.11, subdivision 1, is amended to read:
Subdivision 1.
Identification data other than DNA.
(a) Each sheriff and chief of police
shall furnish the bureau, upon such form as the superintendent shall prescribe, with such
deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs, distinctive physical
mark identification data, information on known aliases and street names, and other
identification data as may be requested or required by the superintendent of the bureau,
which must be taken under the provisions of section 299C.10. In addition, sheriffs and chiefs
of police shall furnish this identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the ten
years immediately preceding their arrest. When the bureau learns that an individual who is
the subject of a background check has used, or is using, identifying information, including,
but not limited to, name and date of birth, other than those listed on the criminal history,
the bureau shall convert into an electronic format, if necessary, and enter into a
bureau-managed searchable database the new identifying information when supported by
fingerprints within three business days of learning the information if the information is not
entered by a law enforcement agency.
(b) No petition under chapter 609A is required if the person has not been convicted of
any felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment.
Where these conditions are met, the bureau or agency shall, upon demand, destroy the
arrested person's deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs,
distinctive physical mark identification data, information on known aliases and street names,
and other identification data, and all copies and duplicates of them.
new text begin
(c) The bureau or agency shall destroy an arrested person's fingerprints and thumbprints,
photographs, distinctive physical mark identification data, information on known aliases
and street names, and other identification data and all copies and duplicates of them without
the demand of any person or the granting of a petition under chapter 609A if:
new text end
new text begin
(1) the sheriff, chief of police, bureau, or other arresting agency determines that the
person was arrested or identified as the result of mistaken identity before presenting
information to the prosecuting authority for a charging decision; or
new text end
new text begin
(2) the prosecuting authority declines to file any charges or a grand jury does not return
an indictment based on a determination that the person was identified or arrested as the
result of mistaken identity.
new text end
new text begin
(d) A prosecuting authority that determines a person was arrested or identified as the
result of mistaken identity and either declines to file any charges or receives notice that a
grand jury did not return an indictment shall notify the bureau and the applicable sheriff,
chief of police, or other arresting agency of the determination.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end Except as otherwise provided in paragraph (b)new text begin or (c)new text end , upon the determination of
all pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal deleted text begin finger and
thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them if the arrested person has not been convicted of
any felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding such determination.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to
determinations that a person was identified as the result of mistaken identity made on or
after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 299C.111, is amended to read:
299C.111 SUSPENSE FILE REPORTING.
The superintendent shall immediately notify the appropriate entity or individual when
a disposition recordnew text begin for a felony, gross misdemeanor, or targeted misdemeanornew text end is received
that cannot be linked to an arrest record.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 10.
Minnesota Statutes 2022, section 299C.17, is amended to read:
299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall require the court administrator of every court which sentences
a defendant for a felony, gross misdemeanor, deleted text begin or targeteddeleted text end misdemeanornew text begin , or petty misdemeanornew text end
to electronically transmit within 24 hours of the disposition of the case a report, in a form
prescribed by the superintendent providing information required by the superintendent with
regard to the prosecution and disposition of criminal cases. A copy of the report shall be
kept on file in the office of the court administrator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609A.01, is amended to read:
609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
This chapter provides the grounds and procedures for expungement of criminal records
under section 13.82; 152.18, subdivision 1; 299C.11, where new text begin expungement is automatic under
sections 609A.015, 609A.017, or 609A.035, or new text end a petition is authorized under section 609A.02,
subdivision 3; or other applicable law. The remedy available is limited to a court order new text begin or
grant of expungement under section 609A.015new text end sealing the records and prohibiting the
disclosure of their existence or their opening except under court order or statutory authority.
Nothing in this chapter authorizes the destruction of records or their return to the subject
of the records.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 12.
new text begin
[609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Eligibility; dismissal; exoneration. new text end
new text begin
(a) A person who is the subject of
a criminal record or delinquency record is eligible for a grant of expungement relief without
the filing of a petition:
new text end
new text begin
(1) if the person was arrested and all charges were dismissed after a case was filed unless
dismissal was based on a finding that the defendant was incompetent to proceed;
new text end
new text begin
(2) upon the dismissal and discharge of proceedings against a person under section
152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession
of a controlled substance; or
new text end
new text begin
(3) if all pending actions or proceedings were resolved in favor of the person.
new text end
new text begin
(b) For purposes of this chapter, a verdict of not guilty by reason of mental illness is not
a resolution in favor of the person. For purposes of this chapter, an action or proceeding is
resolved in favor of the person if the petitioner received an order under section 590.11
determining that the person is eligible for compensation based on exoneration.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility; diversion and stay of adjudication. new text end
new text begin
A person is eligible for a grant
of expungement relief if the person has successfully completed the terms of a diversion
program or stay of adjudication for a qualifying offense that is not a felony and has not been
petitioned or charged with a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
new text end
new text begin
(1) for one year immediately following completion of the diversion program or stay of
adjudication; or
new text end
new text begin
(2) for one year immediately preceding a subsequent review performed pursuant to
subdivision 5, paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin Eligibility; certain criminal proceedings. new text end
new text begin
(a) A person is eligible for a grant
of expungement relief if the person:
new text end
new text begin
(1) was convicted of a qualifying offense;
new text end
new text begin
(2) has not been convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
new text end
new text begin
(i) during the applicable waiting period immediately following discharge of the disposition
or sentence for the crime; or
new text end
new text begin
(ii) during the applicable waiting period immediately preceding a subsequent review
performed pursuant to subdivision 5, paragraph (a); and
new text end
new text begin
(3) is not charged with an offense, other than an offense that would be a petty
misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting
period or at the time of a subsequent review.
new text end
new text begin
(b) As used in this subdivision, "qualifying offense" means a conviction for:
new text end
new text begin
(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;
new text end
new text begin
(2) any misdemeanor offense other than:
new text end
new text begin
(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
while impaired);
new text end
new text begin
(ii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end
new text begin
(iii) section 609.224 (assault in the fifth degree);
new text end
new text begin
(iv) section 609.2242 (domestic assault);
new text end
new text begin
(v) section 609.748 (violation of a harassment restraining order);
new text end
new text begin
(vi) section 609.78 (interference with emergency call);
new text end
new text begin
(vii) section 609.79 (obscene or harassing phone calls);
new text end
new text begin
(viii) section 617.23 (indecent exposure);
new text end
new text begin
(ix) section 609.746 (interference with privacy); or
new text end
new text begin
(x) section 629.75 (violation of domestic abuse no contact order);
new text end
new text begin
(3) any gross misdemeanor offense other than:
new text end
new text begin
(i) section 169A.25 (second-degree driving while impaired);
new text end
new text begin
(ii) section 169A.26 (third-degree driving while impaired);
new text end
new text begin
(iii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end
new text begin
(iv) section 609.2113, subdivision 3 (criminal vehicular operation);
new text end
new text begin
(v) section 609.2231 (assault in the fourth degree);
new text end
new text begin
(vi) section 609.224 (assault in the fifth degree);
new text end
new text begin
(vii) section 609.2242 (domestic assault);
new text end
new text begin
(viii) section 609.233 (criminal neglect);
new text end
new text begin
(ix) section 609.3451 (criminal sexual conduct in the fifth degree);
new text end
new text begin
(x) section 609.377 (malicious punishment of child);
new text end
new text begin
(xi) section 609.485 (escape from custody);
new text end
new text begin
(xii) section 609.498 (tampering with witness);
new text end
new text begin
(xiii) section 609.582, subdivision 4 (burglary in the fourth degree);
new text end
new text begin
(xiv) section 609.746 (interference with privacy);
new text end
new text begin
(xv) section 609.748 (violation of a harassment restraining order);
new text end
new text begin
(xvi) section 609.749 (harassment; stalking);
new text end
new text begin
(xvii) section 609.78 (interference with emergency call);
new text end
new text begin
(xviii) section 617.23 (indecent exposure);
new text end
new text begin
(xix) section 617.261 (nonconsensual dissemination of private sexual images); or
new text end
new text begin
(xx) section 629.75 (violation of domestic abuse no contact order); or
new text end
new text begin
(4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other
than:
new text end
new text begin
(i) section 152.023, subdivision 2 (possession of a controlled substance in the third
degree);
new text end
new text begin
(ii) 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);
new text end
new text begin
(iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness); or
new text end
new text begin
(iv) section 609.746, subdivision 1, paragraph (e) (interference with privacy; subsequent
violation or minor victim).
new text end
new text begin
(c) As used in this subdivision, "applicable waiting period" means:
new text end
new text begin
(1) if the offense was a petty misdemeanor, two years since discharge of the sentence;
new text end
new text begin
(2) if the offense was a misdemeanor, two years since discharge of the sentence for the
crime;
new text end
new text begin
(3) if the offense was a gross misdemeanor, three years since discharge of the sentence
for the crime;
new text end
new text begin
(4) if the offense was a felony violation of section 152.025, four years since the discharge
of the sentence for the crime; and
new text end
new text begin
(5) if the offense was any other felony, five years since discharge of the sentence for the
crime.
new text end
new text begin
(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
misdemeanor offenses ineligible for a grant of expungement under this section remain
ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Notice. new text end
new text begin
(a) The court shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility at any hearing where the court
dismisses and discharges proceedings against a person under section 152.18, subdivision
1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
substance; concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
new text end
new text begin
(b) To the extent possible, prosecutors, defense counsel, supervising agents, and
coordinators or supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
new text end
new text begin
(c) If any party gives notification under this subdivision, the notification shall inform
the person that:
new text end
new text begin
(1) a record expunged under this section may be opened for purposes of a background
study by the Department of Human Services under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board as required
under section 122A.18, subdivision 8; and
new text end
new text begin
(2) the person can file a petition to expunge the record and request that the petition be
directed to the commissioner of human services and the Professional Educator Licensing
and Standards Board.
new text end
new text begin Subd. 5. new text end
new text begin
Bureau of Criminal Apprehension to identify eligible persons and grant
expungement relief.
new text end
new text begin
(a) The Bureau of Criminal Apprehension shall identify any records
that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1,
2, or 3. The Bureau of Criminal Apprehension shall make an initial determination of
eligibility within 30 days of the end of the applicable waiting period. If a record is not
eligible for a grant of expungement at the time of the initial determination, the Bureau of
Criminal Apprehension shall make subsequent eligibility determinations annually until the
record is eligible for a grant of expungement.
new text end
new text begin
(b) In making the determination under paragraph (a), the Bureau of Criminal
Apprehension shall identify individuals who are the subject of relevant records through the
use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where
fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall
identify individuals through the use of the person's name and date of birth. Records containing
the same name and date of birth shall be presumed to refer to the same individual unless
other evidence establishes, by a preponderance of the evidence, that they do not refer to the
same individual. The Bureau of Criminal Apprehension is not required to review any other
evidence in making a determination.
new text end
new text begin
(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal its own records without requiring an application, petition, or motion.
Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to
paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional
information establishes that the records are not eligible for expungement.
new text end
new text begin
(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension
and subject to a grant of expungement relief shall display a notation stating "expungement
relief granted pursuant to section 609A.015."
new text end
new text begin
(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases
for which expungement relief was granted pursuant to this section. Notification may be
through electronic means and may be made in real time or in the form of a monthly report.
Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for any case in which
expungement relief was granted and shall issue any order deemed necessary to achieve this
purpose.
new text end
new text begin
(f) The Bureau of Criminal Apprehension shall inform each law enforcement agency
that its records may be affected by a grant of expungement relief. Notification may be
through electronic means. Each notified law enforcement agency that receives a request to
produce records shall first determine if the records were subject to a grant of expungement
under this section. The law enforcement agency must not disclose records relating to an
arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in
which expungement relief was granted and must maintain the data consistent with the
classification in paragraph (g). This paragraph does not apply to requests from a criminal
justice agency as defined in section 609A.03, subdivision 7a, paragraph (f).
new text end
new text begin
(g) Data on the person whose offense has been expunged under this subdivision, including
any notice sent pursuant to paragraph (f), are private data on individuals as defined in section
13.02, subdivision 12.
new text end
new text begin
(h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic
expungement under this section in the manner provided in section 611A.03, subdivisions
1 and 2.
new text end
new text begin
(i) In any subsequent prosecution of a person granted expungement relief, the expunged
criminal record may be pleaded and has the same effect as if the relief had not been granted.
new text end
new text begin
(j) The Bureau of Criminal Apprehension is directed to develop, modify, or update a
system to provide criminal justice agencies with uniform statewide access to criminal records
sealed by expungement.
new text end
new text begin Subd. 6. new text end
new text begin Immunity from civil liability. new text end
new text begin
Employees of the Bureau of Criminal
Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or
the decision to exercise or the decision to decline to exercise, the powers granted by this
section or for any act or omission occurring within the scope of the performance of their
duties under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to offenses
that meet the eligibility criteria on or after that date and retroactively to offenses that met
those qualifications before January 1, 2025, and are stored in the Bureau of Criminal
Apprehension's criminal history system as of January 1, 2025.
new text end
Sec. 13.
new text begin
[609A.017] MISTAKEN IDENTITY; AUTOMATIC EXPUNGEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of
guilty by a court.
new text end
new text begin
(c) "Mistaken identity" means a person was incorrectly identified as being a different
person:
new text end
new text begin
(1) because the person's identity had been transferred, used, or possessed in violation of
section 609.527; or
new text end
new text begin
(2) as a result of misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person who
committed the crime, or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime.
new text end
new text begin Subd. 2. new text end
new text begin Determination by prosecutor; notification. new text end
new text begin
If, before a conviction, a prosecutor
determines that a defendant was issued a citation, charged, indicted, or otherwise prosecuted
as the result of mistaken identity, the prosecutor must dismiss or move to dismiss the action
or proceeding and must state in writing or on the record that mistaken identity is the reason
for the dismissal.
new text end
new text begin Subd. 3. new text end
new text begin Order of expungement. new text end
new text begin
(a) The court shall issue an order of expungement
without the filing of a petition when an action or proceeding is dismissed based on a
determination that a defendant was issued a citation, charged, indicted, or otherwise
prosecuted as the result of mistaken identity. The order shall cite this section as the basis
for the order.
new text end
new text begin
(b) An order issued under this section is not subject to the considerations or standards
identified in section 609A.025 or 609A.03, subdivision 5, paragraph (a), (b), or (c).
new text end
new text begin Subd. 4. new text end
new text begin Effect of order. new text end
new text begin
(a) An order issued under this section is not subject to the
limitations in section 609A.03, subdivision 7a or 9. The effect of the court order to seal the
record of the proceedings shall be to restore the person, in the contemplation of the law, to
the status the person occupied before the arrest, indictment, or information. The person shall
not be guilty of perjury or otherwise of giving a false statement if the person fails to
acknowledge the arrest, indictment, information, or trial in response to any inquiry made
for any purpose.
new text end
new text begin
(b) A criminal justice agency may seek access to a record that was sealed under this
section for purposes of determining whether the subject of the order was identified in any
other action or proceeding as the result of mistaken identity or for a criminal investigation,
prosecution, or sentencing involving any other person. The requesting agency must obtain
an ex parte court order after stating a good-faith basis to believe that opening the record
may lead to relevant information.
new text end
new text begin
(c) The court administrator must distribute and confirm receipt of an order issued under
this section pursuant to section 609A.03, subdivision 8.
new text end
new text begin
(d) Data on the person whose offense has been expunged contained in a letter or other
notification sent under this subdivision are private data on individuals as defined in section
13.02.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to
determinations that a person was identified as the result of mistaken identity on or after that
date.
new text end
Sec. 14.
Minnesota Statutes 2022, section 609A.02, subdivision 3, is amended to read:
Subd. 3.
Certain criminal proceedings.
(a) A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict
if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved
in favor of the petitioner, if the petitioner received an order under section 590.11 determining
that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay
of adjudication and has not been charged with a new crime for at least one year since
completion of the diversion program or stay of adjudication;
(3) the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a petty misdemeanor
or misdemeanor new text begin or the sentence imposed was within the limits provided by law for a
misdemeanornew text end and new text begin the petitionernew text end has not been convicted of a new crime for at least two years
since discharge of the sentence for the crime;
(4) the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a gross misdemeanor
new text begin or the sentence imposed was within the limits provided by law for a gross misdemeanornew text end
and new text begin the petitionernew text end has not been convicted of a new crime for at least deleted text begin fourdeleted text end new text begin threenew text end years since
discharge of the sentence for the crime; deleted text begin or
deleted text end
new text begin
(5) the petitioner was convicted of a gross misdemeanor that is deemed to be for a
misdemeanor pursuant to section 609.13, subdivision 2, clause (2), and has not been convicted
of a new crime for at least three years since discharge of the sentence for the crime;
new text end
new text begin
(6) the petitioner was convicted of a felony violation of section 152.025 and has not
been convicted of a new crime for at least four years since discharge of the sentence for the
crime;
new text end
new text begin
(7) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor
or misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not been
convicted of a new crime for at least five years since discharge of the sentence for the crime;
or
new text end
deleted text begin (5)deleted text end new text begin (8)new text end the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a felony violation
of an offense listed in paragraph (b), and has not been convicted of a new crime for at least
deleted text begin fivedeleted text end new text begin fournew text end years since discharge of the sentence for the crime.
(b) Paragraph (a), clause deleted text begin (5)deleted text end new text begin (7)new text end , applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section new text begin 152.023, subdivision 2 (possession of a controlled substance in the third
degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);new text end
152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled
substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.984 (false declaration in assistance application);
(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices
and solicitations);
(13) section 346.155, subdivision 10 (failure to control regulated animal);
(14) section 349.2127; or 349.22 (gambling regulations);
(15) section 588.20 (contempt);
(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
(17) section 609.31 (leaving state to evade establishment of paternity);
(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness);
(19) section 609.49 (failure to appear in court);
(20) new text begin section 609.52, subdivision 2, when sentenced pursuant to new text end section 609.52,
subdivision 3, clause (3)(a) (theft of $5,000 or less)deleted text begin , or other theft offense that is sentenced
under this provision;deleted text end or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with risk
of bodily harm)new text begin ; or any other offense sentenced pursuant to section 609.52, subdivision 3,
clause (3)(a)new text end ;
new text begin
(21) section 609.521 (possession of shoplifting gear);
new text end
deleted text begin (21)deleted text end new text begin (22)new text end section 609.525 (bringing stolen goods into state);
deleted text begin (22)deleted text end new text begin (23)new text end section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
deleted text begin (23)deleted text end new text begin (24)new text end section 609.527, subdivision 5b (possession or use of scanning device or
reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
check); or 609.529 (mail theft);
deleted text begin (24)deleted text end new text begin (25)new text end section 609.53 (receiving stolen goods);
deleted text begin (25)deleted text end new text begin (26)new text end section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
over $500);
deleted text begin (26)deleted text end new text begin (27)new text end section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
deleted text begin (27)deleted text end new text begin (28)new text end section 609.551 (rustling and livestock theft);
deleted text begin (28)deleted text end new text begin (29)new text end section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
deleted text begin (29)deleted text end new text begin (30)new text end section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
new text begin
(31) section 609.582, subdivision 3 (burglary in the third degree);
new text end
new text begin
(32) section 609.59 (possession of burglary or theft tools);
new text end
deleted text begin (30)deleted text end new text begin (33)new text end section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph
(a) (criminal damage to property);
deleted text begin (31)deleted text end new text begin (34)new text end section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
deleted text begin (32)deleted text end new text begin (35)new text end section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
deleted text begin (33)deleted text end new text begin (36)new text end section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4, paragraph (a) (lottery fraud);
deleted text begin (34)deleted text end new text begin (37)new text end section 609.652 (fraudulent driver's license and identification card);
deleted text begin (35)deleted text end new text begin (38)new text end section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
or 609.66, subdivision 1b (furnishing firearm to minor);
deleted text begin (36)deleted text end new text begin (39)new text end section 609.662, subdivision 2, paragraph (b) (duty to render aid);
deleted text begin (37)deleted text end new text begin (40)new text end section 609.686, subdivision 2 (tampering with fire alarm);
deleted text begin (38)deleted text end new text begin (41)new text end section 609.746, subdivision 1, paragraph deleted text begin (e)deleted text end new text begin (g)new text end (interference with privacy;
subsequent violation or minor victim);
deleted text begin (39)deleted text end new text begin (42)new text end section 609.80, subdivision 2 (interference with cable communications system);
deleted text begin (40)deleted text end new text begin (43)new text end section 609.821, subdivision 2 (financial transaction card fraud);
deleted text begin (41)deleted text end new text begin (44)new text end section 609.822 (residential mortgage fraud);
deleted text begin (42)deleted text end new text begin (45)new text end section 609.825, subdivision 2 (bribery of participant or official in contest);
deleted text begin (43)deleted text end new text begin (46)new text end section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
transit operator);
deleted text begin (44)deleted text end new text begin (47)new text end section 609.88 (computer damage); or 609.89 (computer theft);
deleted text begin (45)deleted text end new text begin (48)new text end section 609.893, subdivision 2 (telecommunications and information services
fraud);
deleted text begin (46)deleted text end new text begin (49)new text end section 609.894, subdivision 3 or 4 (cellular counterfeiting);
deleted text begin (47)deleted text end new text begin (50)new text end section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);
deleted text begin (48)deleted text end new text begin (51)new text end section 609.896 (movie pirating);
deleted text begin (49)deleted text end new text begin (52)new text end section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
subdivision 2 (transfer of pistol to ineligible person); or
deleted text begin (50)deleted text end new text begin (53)new text end section 624.7181 (rifle or shotgun in public by minor).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, and applies to all offenses
that meet the eligibility criteria on or after that date, except the amendment to clause (41)
relating to interference with privacy is effective August 1, 2023.
new text end
Sec. 15.
Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read:
Subd. 5.
Nature of remedy; standard.
(a) Except as otherwise provided by paragraph
(b), expungement of a criminal record new text begin under this section new text end is an extraordinary remedy to be
granted only upon clear and convincing evidence that it would yield a benefit to the petitioner
commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an
expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for
the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause
(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the petitioner of not
sealing the record.
(c) In making a determination under this subdivision, the court shall consider:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the
petitioner's level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner's attempts to obtain
employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections
officials;
(10) the recommendations of victims or whether victims of the underlying crime were
minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
toward payment, and the measures in place to help ensure completion of restitution payment
after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court
issues an expungement order it may require that the criminal record be sealed, the existence
of the record not be revealed, and the record not be opened except as required under
subdivision 7. Records must not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee, former employee,
or tenant that has been expunged before the occurrence of the act giving rise to the civil
action may not be introduced as evidence in a civil action against a private employer or
landlord or its employees or agents that is based on the conduct of the employee, former
employee, or tenant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 16.
Minnesota Statutes 2022, section 609A.03, subdivision 7a, is amended to read:
Subd. 7a.
Limitations of order effective January 1, 2015, and later.
(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human servicesnew text begin following proper service of a petition, or following
proceedings under section 609A.025 or 609A.035 upon service of an order to the
commissioner of human servicesnew text end ;
(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board; deleted text begin and
deleted text end
(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the courtdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(7) a prosecutor may request, and the district court shall provide, certified records of
conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
609A.025, and 609A.035, and the certified records of conviction may be disclosed and
introduced in criminal court proceedings as provided by the rules of court and applicable
law; and
new text end
new text begin
(8) the subject of an expunged record may request, and the court shall provide, certified
or uncertified records of conviction for a record expunged pursuant to sections 609A.015,
609A.017, 609A.02, 609A.025, and 609A.035.
new text end
(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services or the
Professional Educator Licensing and Standards Board of the existence of a sealed record
and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the
agency or jurisdiction subject to the expungement order shall provide access to the record
to the commissioner of human services or the Professional Educator Licensing and Standards
Board under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.
(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015new text begin , and grants of expungement relief issued on or after January 1,
2025new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 17.
Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read:
Subd. 9.
Stay of order; appeal.
An expungement order new text begin issued under this section new text end shall
be stayed automatically for 60 days after the order is filed and, if the order is appealed,
during the appeal period. A person or an agency or jurisdiction whose records would be
affected by the order may appeal the order within 60 days of service of notice of filing of
the order. An agency or jurisdiction or its officials or employees need not file a cost bond
or supersedeas bond in order to further stay the proceedings or file an appeal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 18.
new text begin
[609A.035] PARDON EXTRAORDINARY; NO PETITION REQUIRED.
new text end
new text begin
(a) Notwithstanding section 609A.02, if the Board of Pardons grants a pardon pursuant
to section 638.17, it shall file a copy of the pardon extraordinary with the district court of
the county in which the conviction occurred.
new text end
new text begin
(b) The district court shall issue an expungement order sealing all records wherever held
relating to the arrest, indictment or information, trial, verdict, and pardon for the pardoned
offense without the filing of a petition and send an expungement order to each government
entity whose records are affected.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 19.
new text begin
[609A.05] NO DUTY TO DISCOVER; EMPLOYERS AND LANDLORDS.
new text end
new text begin
A landlord or employer does not have a duty to discover or use a record that has been
expunged under this chapter or other law for purposes of making a housing or employment
decision.
new text end
Sec. 20.
Minnesota Statutes 2022, section 611A.03, subdivision 1, is amended to read:
Subdivision 1.
Plea agreements; notification of victim.
Prior to the entry of the factual
basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement recommendation, including the amount of time
recommended for the defendant to serve in jail or prison if the court accepts the agreement;
deleted text begin and
deleted text end
(2) the right to be present at the sentencing hearing and at the hearing during which the
plea is presented to the court and to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition. If the victim is not present when
the court considers the recommendation, but has communicated objections to the prosecuting
attorney, the prosecuting attorney shall make these objections known to the courtdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to plea
agreements entered into on or after that date.
new text end
ARTICLE 8
CLEMENCY REFORM
Section 1.
Minnesota Statutes 2022, section 13.871, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Board of Pardonsdeleted text end new text begin Clemency Review Commissionnew text end records.
Access to deleted text begin Board
of Pardonsdeleted text end records new text begin of the Clemency Review Commission new text end is governed by section deleted text begin 638.07deleted text end new text begin
638.20new text end .
Sec. 2.
Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:
Subd. 3.
Definitions.
For purposes of this section:
(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;
(ii) the arrested person's successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under deleted text begin section 638.02deleted text end new text begin chapter 638new text end ; deleted text begin and
deleted text end
new text begin
(2) "mistaken identity" means the person was incorrectly identified as being a different
person:
new text end
new text begin
(i) because the person's identity had been transferred, used, or possessed in violation of
section 609.527; or
new text end
new text begin
(ii) as a result of misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person who
committed the crime, or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime; and
new text end
deleted text begin (2)deleted text end new text begin (3)new text end "targeted misdemeanor" has the meaning given in section 299C.10, subdivision
1.
Sec. 3.
Minnesota Statutes 2022, section 638.01, is amended to read:
638.01 BOARD OF PARDONSdeleted text begin ; HOW CONSTITUTED; POWERSdeleted text end .
The Board of Pardons deleted text begin shall consistdeleted text end new text begin consistsnew text end of the governor, the chief justice of the
supreme court, and the attorney general. The deleted text begin boarddeleted text end new text begin governor in conjunction with the boardnew text end
may grant deleted text begin pardons and reprieves and commute the sentence of any person convicted of any
offense against the laws of the state, in the manner and under the conditions and rules
hereinafter prescribed, but not otherwisedeleted text end new text begin clemency according to this chapternew 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. 4.
new text begin
[638.011] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For purposes of this chapter, the terms defined in this section have
the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Board. new text end
new text begin
"Board" means the Board of Pardons under section 638.01.
new text end
new text begin Subd. 3. new text end
new text begin Clemency. new text end
new text begin
Unless otherwise provided, "clemency" includes a pardon,
commutation, and reprieve after conviction for a crime against the state except in cases of
impeachment.
new text end
new text begin Subd. 4. new text end
new text begin Commission. new text end
new text begin
"Commission" means the Clemency Review Commission under
section 638.09.
new text end
new text begin Subd. 5. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Corrections.
new text end
new text begin Subd. 6. new text end
new text begin Waiver request. new text end
new text begin
"Waiver request" means a request to waive a time restriction
under sections 638.12, subdivisions 2 and 3, and 638.19, subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
new text begin
[638.09] CLEMENCY REVIEW COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; duties. new text end
new text begin
(a) The Clemency Review Commission is
established to:
new text end
new text begin
(1) review each eligible clemency application and waiver request that it receives;
new text end
new text begin
(2) recommend to the board, in writing, whether to grant or deny the application or
waiver request, with each member's vote reported;
new text end
new text begin
(3) recommend to the board, in writing, whether the board should conduct a hearing on
a clemency application, with each member's vote reported; and
new text end
new text begin
(4) provide victim support services, assistance to applicants, and other assistance as the
board requires.
new text end
new text begin
(b) Unless otherwise provided:
new text end
new text begin
(1) the commission's recommendations under this chapter are nonbinding on the governor
or the board; and
new text end
new text begin
(2) chapter 15 applies unless otherwise inconsistent with this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Composition. new text end
new text begin
(a) The commission consists of nine members, each serving a
term coterminous with the governor.
new text end
new text begin
(b) The governor, the attorney general, and the chief justice of the supreme court must
each appoint three members to serve on the commission and replace members when the
members' terms expire. Members serve at the pleasure of their appointing authority.
new text end
new text begin Subd. 3. new text end
new text begin Appointments to commission. new text end
new text begin
(a) An appointing authority is encouraged to
consider the following criteria when appointing a member:
new text end
new text begin
(1) expertise in law, corrections, victims' services, correctional supervision, mental
health, and substance abuse treatment; and
new text end
new text begin
(2) experience addressing systemic disparities, including but not limited to disparities
based on race, gender, and ability.
new text end
new text begin
(b) An appointing authority must seek out and encourage qualified individuals to apply
to serve on the commission, including:
new text end
new text begin
(1) members of Indigenous communities, Black communities, and other communities
of color;
new text end
new text begin
(2) members diverse as to gender identity; and
new text end
new text begin
(3) members diverse as to age and ability.
new text end
new text begin
(c) If there is a vacancy, the appointing authority who selected the vacating member
must make an interim appointment to expire at the end of the vacating member's term.
new text end
new text begin
(d) A member may continue to serve until the member's successor is appointed, but a
member may not serve more than eight years in total.
new text end
new text begin Subd. 4. new text end
new text begin Commission; generally. new text end
new text begin
(a) The commission must biennially elect one of its
members as chair and one as vice-chair. The chair serves as the board's secretary.
new text end
new text begin
(b) Each commission member must be:
new text end
new text begin
(1) compensated at a rate of $150 for each day or part of the day spent on commission
activities; and
new text end
new text begin
(2) reimbursed for all reasonable expenses actually paid or incurred by the member while
performing official duties.
new text end
new text begin
(c) Beginning January 1, 2025, and annually thereafter, the board may set a new per
diem rate for commission members, not to exceed an amount ten percent higher than the
previous year's rate.
new text end
new text begin Subd. 5. new text end
new text begin Executive director. new text end
new text begin
(a) The board must appoint a commission executive director
knowledgeable about clemency and criminal justice. The executive director serves at the
pleasure of the board in the unclassified service as an executive branch employee.
new text end
new text begin
(b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.
new text end
new text begin
(c) The executive director may obtain office space and supplies and hire administrative
staff necessary to carry out the commission's official functions, including providing
administrative support to the board and attending board meetings. Any additional staff serve
in the unclassified service at the pleasure of the executive director.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 6.
new text begin
[638.10] CLEMENCY APPLICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Required contents. new text end
new text begin
A clemency application must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) be signed under oath by the applicant; and
new text end
new text begin
(3) state the clemency sought, state why the clemency should be granted, and contain
the following information and any additional information that the commission or board
requires:
new text end
new text begin
(i) the applicant's name, address, and date and place of birth, and every alias by which
the applicant is or has been known;
new text end
new text begin
(ii) the applicant's demographic information, including race, ethnicity, gender, disability
status, and age, only if voluntarily reported;
new text end
new text begin
(iii) the applicant's convicted crime for which clemency is requested, the date and county
of conviction, the sentence imposed, and the sentence's expiration or discharge date;
new text end
new text begin
(iv) the names of the sentencing judge, the prosecuting attorney, and any victims of the
crime;
new text end
new text begin
(v) a brief description of the crime and the applicant's age at the time of the crime;
new text end
new text begin
(vi) the date and outcome of any prior clemency application, including any application
submitted before July 1, 2024;
new text end
new text begin
(vii) to the best of the applicant's knowledge, a statement of any past criminal conviction
and any pending criminal charge or investigation;
new text end
new text begin
(viii) for an applicant under the department's custody, a statement describing the
applicant's reentry plan should clemency be granted; and
new text end
new text begin
(ix) an applicant statement acknowledging and consenting to the disclosure to the
commission, board, and public of any private data on the applicant in the application or in
any other record relating to the clemency being sought, including conviction and arrest
records.
new text end
new text begin Subd. 2. new text end
new text begin Required form. new text end
new text begin
(a) An application must be made on a commission-approved
form or forms and filed with the commission by commission-prescribed deadlines. The
commission must consult with the board on the forms and deadlines.
new text end
new text begin
(b) The application must include language informing the applicant that the board and
the commission will consider any and all past convictions and that the applicant may provide
information about the convictions.
new text end
new text begin Subd. 3. new text end
new text begin Reviewing application for completeness. new text end
new text begin
The commission must review an
application for completeness. An incomplete application must be returned to the applicant,
who may then provide the missing information and resubmit the application within a
commission-prescribed period.
new text end
new text begin Subd. 4. new text end
new text begin Notice to applicant. new text end
new text begin
After the commission's initial investigation of a clemency
application, the commission must notify the applicant of the scheduled date, time, and
location that the applicant must appear before the commission for a meeting under section
638.14.
new text end
new text begin Subd. 5. new text end
new text begin Equal access to information. new text end
new text begin
Each board and commission member must have
equal access to information under this chapter that is used when making a clemency decision.
new text end
Sec. 7.
new text begin
[638.11] THIRD-PARTY NOTIFICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Notice to victim; victim rights. new text end
new text begin
(a) After receiving a clemency
application, the commission must make all reasonable efforts to locate any victim of the
applicant's crime.
new text end
new text begin
(b) At least 30 calendar days before the commission meeting at which the application
will be heard, the commission must notify any located victim of:
new text end
new text begin
(1) the application;
new text end
new text begin
(2) the meeting's scheduled date, time, and location; and
new text end
new text begin
(3) the victim's right to attend the meeting and submit an oral or written statement to the
commission.
new text end
new text begin
(c) The commission must make all reasonable efforts to ensure that a victim can:
new text end
new text begin
(1) submit an oral or written statement; and
new text end
new text begin
(2) receive victim support services as necessary to help the victim submit a statement
and participate in the clemency process.
new text end
new text begin Subd. 2. new text end
new text begin Notice to sentencing judge and prosecuting attorney. new text end
new text begin
(a) At least 60 calendar
days before the commission meeting at which the application will be heard, the commission
must:
new text end
new text begin
(1) notify the sentencing judge and prosecuting attorney, or their successors, of the
application;
new text end
new text begin
(2) provide a copy of the application to the judge and attorney; and
new text end
new text begin
(3) solicit the judge's and attorney's written statements on whether to grant clemency.
new text end
new text begin
(b) Unless otherwise provided in this chapter, "law enforcement agency" includes the
sentencing judge and prosecuting attorney or their successors.
new text end
new text begin Subd. 3. new text end
new text begin Notice to public. new text end
new text begin
At least 30 calendar days before the commission meeting at
which the application will be heard, the commission must publish notice of an application
in a qualified newspaper of general circulation in the county in which the applicant's crime
occurred.
new text end
Sec. 8.
new text begin
[638.12] TYPES OF CLEMENCY; ELIGIBILITY AND WAIVER.
new text end
new text begin Subdivision 1. new text end
new text begin Types of clemency; requirements. new text end
new text begin
(a) The board may:
new text end
new text begin
(1) pardon a criminal conviction imposed under the laws of this state;
new text end
new text begin
(2) commute a criminal sentence imposed by a court of this state to time served or a
lesser sentence; or
new text end
new text begin
(3) grant a reprieve of a sentence imposed by a court of this state.
new text end
new text begin
(b) A pardon, after being granted and filed with the district court of the county in which
the conviction and sentence were imposed, will also seal all records wherever held related
to the arrest, indictment or information, trial, verdict, and pardon.
new text end
new text begin
(c) A grant of clemency must be in writing and has no force or effect if the governor or
a board majority duly convened opposes the clemency. Every conditional grant of clemency
must state the terms and conditions upon which it was granted, and every commutation
must specify the terms of the commuted sentence.
new text end
new text begin
(d) A granted pardon sets aside the conviction and purges the conviction from an
individual's criminal record. The individual is not required to disclose the conviction at any
time or place other than:
new text end
new text begin
(1) in a judicial proceeding; or
new text end
new text begin
(2) during the licensing process for peace officers.
new text end
new text begin Subd. 2. new text end
new text begin Pardon eligibility; waiver. new text end
new text begin
(a) Except as provided in paragraphs (b) and (c),
an individual convicted of a crime in a court of this state may apply for a pardon of the
individual's conviction on or after five years from the sentence's expiration or discharge
date.
new text end
new text begin
(b) An individual convicted before August 1, 2023, of a violation of section 609.19,
subdivision 1, clause (1), under the theory of liability for crimes of another may apply for
a pardon upon the sentence's expiration or discharge date if the individual:
new text end
new text begin
(1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
new text end
new text begin
(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
new text end
new text begin
(ii) did not cause the death of a human being; and
new text end
new text begin
(iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
new text end
new text begin
(2) was charged with a violation of section 609.19, subdivision 2, and:
new text end
new text begin
(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
new text end
new text begin
(ii) did not cause the death of a human being; and
new text end
new text begin
(iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
(c), in the underlying felony and did not act with extreme indifference to human life.
new text end
new text begin
(c) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
new text end
new text begin
(d) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission is exempt from
the meeting requirements under section 638.14 and chapter 13D.
new text end
new text begin
(e) The board must grant a waiver request unless the governor or a board majority opposes
the waiver.
new text end
new text begin Subd. 3. new text end
new text begin Commutation eligibility. new text end
new text begin
(a) An individual may apply for a commutation of
an unexpired criminal sentence imposed by a court of this state, including an individual
confined in a correctional facility or on probation, parole, supervised release, or conditional
release. An application for commutation may not be filed until the date that the individual
has served at least one-half of the sentence imposed or on or after five years from the
conviction date, whichever is earlier.
new text end
new text begin
(b) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
new text end
new text begin
(c) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission is exempt from
the meeting requirements under section 638.14 and chapter 13D.
new text end
new text begin
(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end
Sec. 9.
new text begin
[638.13] ACCESS TO RECORDS; ISSUING SUBPOENA.
new text end
new text begin Subdivision 1. new text end
new text begin Access to records. new text end
new text begin
(a) Notwithstanding chapter 13 or any other law to
the contrary, upon receiving a clemency application, the board or commission may request
and obtain any relevant reports, data, and other information from state courts, law
enforcement agencies, or state agencies. The board and the commission must have access
to all relevant sealed or otherwise inaccessible court records, presentence investigation
reports, police reports, criminal history reports, prison records, and any other relevant
information.
new text end
new text begin
(b) State courts, law enforcement agencies, and state agencies must promptly respond
to record requests from the board or the commission.
new text end
new text begin Subd. 2. new text end
new text begin Issuing subpoena. new text end
new text begin
The board or the commission may issue a subpoena requiring
the presence of any person before the commission or board and the production of papers,
records, and exhibits in any pending matter. When a person is summoned before the
commission or the board, the person may be allowed compensation for travel and attendance
as the commission or the board considers reasonable.
new text end
Sec. 10.
new text begin
[638.14] COMMISSION MEETINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Frequency. new text end
new text begin
The commission must meet at least four times each year for
one or more days at each meeting to hear eligible clemency applications and recommend
appropriate action to the board on each application. One or more of the meetings may be
held at a department-operated correctional facility.
new text end
new text begin Subd. 2. new text end
new text begin When open to the public. new text end
new text begin
All commission meetings are open to the public as
provided under chapter 13D, but the commission may hold closed meetings:
new text end
new text begin
(1) as provided under chapter 13D; or
new text end
new text begin
(2) as necessary to protect sensitive or confidential information, including (i) a victim's
identity, and (ii) sensitive or confidential victim testimony.
new text end
new text begin Subd. 3. new text end
new text begin Recording. new text end
new text begin
When possible, the commission must record its meetings by audio
or audiovisual means.
new text end
new text begin Subd. 4. new text end
new text begin Board attendance. new text end
new text begin
The governor, attorney general, and chief justice, or their
designees, may attend commission meetings as ex-officio nonvoting members, but their
attendance does not affect whether the commission has a quorum.
new text end
new text begin Subd. 5. new text end
new text begin Applicant appearance; third-party statements. new text end
new text begin
(a) An applicant for clemency
must appear before the commission either in person or through available forms of
telecommunication.
new text end
new text begin
(b) The victim of an applicant's crime may appear and speak at the meeting or submit a
written statement to the commission. The commission may treat a victim's written statement
as confidential and not disclose the statement to the applicant or the public if there is or has
been an order for protection, harassment restraining order, or other no-contact order
prohibiting the applicant from contacting the victim.
new text end
new text begin
(c) A law enforcement agency's representative may provide the agency's position on
whether the commission should recommend clemency by:
new text end
new text begin
(1) appearing and speaking at the meeting; or
new text end
new text begin
(2) submitting a written statement to the commission.
new text end
new text begin
(d) The sentencing judge and the prosecuting attorney, or their successors, may provide
their positions on whether the commission should recommend clemency by:
new text end
new text begin
(1) appearing and speaking at the meeting; or
new text end
new text begin
(2) submitting their statements under section 638.11, subdivision 2.
new text end
Sec. 11.
new text begin
[638.15] COMMISSION RECOMMENDATION.
new text end
new text begin Subdivision 1. new text end
new text begin Grounds for recommending clemency. new text end
new text begin
(a) When recommending whether
to grant clemency, the commission must consider any factors that the commission deems
appropriate, including but not limited to:
new text end
new text begin
(1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's
age at the time of the crime; and the time that has elapsed between the crime and the
application;
new text end
new text begin
(2) the successful completion or revocation of previous probation, parole, supervised
release, or conditional release;
new text end
new text begin
(3) the number, nature, and circumstances of the applicant's other criminal convictions;
new text end
new text begin
(4) the extent to which the applicant has demonstrated rehabilitation through
postconviction conduct, character, and reputation;
new text end
new text begin
(5) the extent to which the applicant has accepted responsibility, demonstrated remorse,
and made restitution to victims;
new text end
new text begin
(6) whether the sentence is clearly excessive in light of the applicant's crime and criminal
history and any sentence received by an accomplice and with due regard given to:
new text end
new text begin
(i) any plea agreement;
new text end
new text begin
(ii) the sentencing judge's views; and
new text end
new text begin
(iii) the sentencing ranges established by law;
new text end
new text begin
(7) whether the applicant was convicted before August 1, 2023, of a violation of section
609.19, subdivision 1, clause (1), under the theory of liability for crimes of another and, if
so, whether the applicant:
new text end
new text begin
(i) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
new text end
new text begin
(A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
new text end
new text begin
(B) did not cause the death of a human being; and
new text end
new text begin
(C) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
new text end
new text begin
(ii) was charged with a violation of section 609.19, subdivision 2, and:
new text end
new text begin
(A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
new text end
new text begin
(B) did not cause the death of a human being; and
new text end
new text begin
(C) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph
(c), in the underlying felony and did not act with extreme indifference to human life;
new text end
new text begin
(8) whether the applicant's age or medical status indicates that it is in the best interest
of society that the applicant receive clemency;
new text end
new text begin
(9) the applicant's asserted need for clemency, including family needs and barriers to
housing or employment created by the conviction;
new text end
new text begin
(10) for an applicant under the department's custody, the adequacy of the applicant's
reentry plan;
new text end
new text begin
(11) the amount of time already served by the applicant and the availability of other
forms of judicial or administrative relief;
new text end
new text begin
(12) the extent to which there is credible evidence indicating that the applicant is or may
be innocent of the crime for which they were convicted; and
new text end
new text begin
(13) if provided by the applicant, the applicant's demographic information, including
race, ethnicity, gender, disability status, and age.
new text end
new text begin
(b) Unless an applicant knowingly omitted past criminal convictions on the application,
the commission or the board must not prejudice an applicant for failing to identify past
criminal convictions.
new text end
new text begin Subd. 2. new text end
new text begin Recommending denial of commutation without hearing. new text end
new text begin
(a) At a meeting
under section 638.14, the commission may recommend without a commission hearing that
the board deny a commutation application without a board hearing if:
new text end
new text begin
(1) the applicant is challenging the conviction or sentence through court proceedings;
new text end
new text begin
(2) the applicant has failed to exhaust all available state court remedies for challenging
the conviction or sentence; or
new text end
new text begin
(3) the commission determines that the matter should first be considered by the parole
authority.
new text end
new text begin
(b) A commission recommendation to deny an application under paragraph (a) must be
sent to the board along with the application.
new text end
new text begin Subd. 3. new text end
new text begin Considering public statements. new text end
new text begin
When making its recommendation on an
application, the commission must consider any statement provided by a victim or law
enforcement agency.
new text end
new text begin Subd. 4. new text end
new text begin Commission recommendation; notifying applicant. new text end
new text begin
(a) Before the board's
next meeting at which the clemency application may be considered, the commission must
send to the board:
new text end
new text begin
(1) the application;
new text end
new text begin
(2) the commission's recommendation on whether the board should grant or deny
clemency;
new text end
new text begin
(3) the commission's recommendation on whether the board should or should not hold
a hearing on the application;
new text end
new text begin
(4) any recording of the commission's meeting related to the application; and
new text end
new text begin
(5) all statements from victims and law enforcement agencies.
new text end
new text begin
(b) No later than 14 calendar days after its dated recommendation, the commission must
notify the applicant in writing of its recommendations under this subdivision.
new text end
Sec. 12.
new text begin
[638.16] BOARD MEETINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Frequency. new text end
new text begin
(a) The board must meet at least two times each year to
consider and vote on clemency applications.
new text end
new text begin
(b) If the commission recommends that an application receive a hearing, the board must
hold a hearing on the application unless all the board members decline a hearing.
new text end
new text begin
(c) If the commission recommends that an application not receive a hearing, the board
must not hold a hearing on the application unless at least one board member requests a
hearing.
new text end
new text begin Subd. 2. new text end
new text begin When open to the public. new text end
new text begin
All board meetings are open to the public as provided
under chapter 13D, but the board may hold closed meetings:
new text end
new text begin
(1) as provided under chapter 13D; or
new text end
new text begin
(2) as necessary to protect sensitive or confidential information, including (i) a victim's
identity, and (ii) sensitive or confidential victim testimony.
new text end
new text begin Subd. 3. new text end
new text begin Executive director; attendance required. new text end
new text begin
Unless excused by the board, the
executive director and the commission's chair or vice-chair must attend all board meetings.
new text end
new text begin Subd. 4. new text end
new text begin Considering statements. new text end
new text begin
(a) Applicants, victims, law enforcement agencies,
and the public may submit oral or written statements at a board meeting only if the application
is subject to a hearing under subdivision 1.
new text end
new text begin
(b) The board must take into account any statements provided to the commission when
considering a clemency application.
new text end
Sec. 13.
new text begin
[638.17] BOARD DECISION; NOTIFYING APPLICANT.
new text end
new text begin Subdivision 1. new text end
new text begin Board decision. new text end
new text begin
(a) At each meeting, the board must render a decision
on each clemency application considered at the meeting or continue the matter to a future
board meeting. If the board continues consideration of an application, the commission must
notify the applicant in writing and explain why the matter was continued.
new text end
new text begin
(b) If the commission recommends no hearing and denial of an application and no board
member requests a hearing on the application, it is presumed that the board concurs with
the commission's recommendation and that the application has been considered and denied
on the merits.
new text end
new text begin Subd. 2. new text end
new text begin Notifying applicant. new text end
new text begin
The commission must notify the applicant in writing of
the board's decision to grant or deny clemency no later than 14 calendar days from the date
of the board's decision.
new text end
Sec. 14.
new text begin
[638.18] FILING COPY OF CLEMENCY; COURT ACTION.
new text end
new text begin Subdivision 1. new text end
new text begin Filing with district court. new text end
new text begin
After clemency has been granted, the
commission must file a copy of the pardon, commutation, or reprieve with the district court
of the county in which the conviction and sentence were imposed.
new text end
new text begin Subd. 2. new text end
new text begin Court action; pardon. new text end
new text begin
(a) For a pardon, the court must:
new text end
new text begin
(1) order the conviction set aside;
new text end
new text begin
(2) include a copy of the pardon in the court file;
new text end
new text begin
(3) order all records wherever held relating to the arrest, indictment or information, trial,
verdict, and pardon sealed and prohibit the disclosure of the existence of the records or the
opening of the records except under court order or pursuant to section 609A.03, subdivision
7a, paragraph (b), clause (1), (7), or (8); and
new text end
new text begin
(4) send a copy of the order and the pardon to the Bureau of Criminal Apprehension and
all other government entities that hold affected records.
new text end
new text begin
(b) Consistent with section 609A.03, subdivision 8, the court administrator shall send a
copy of the expungement order to each government entity whose records are affected by
the order, including but not limited to the Department of Corrections, the Department of
Public Safety, and law enforcement agencies.
new text end
new text begin Subd. 3. new text end
new text begin Court action; commutation. new text end
new text begin
For a commutation, the court must:
new text end
new text begin
(1) amend the sentence to reflect the specific relief granted by the board;
new text end
new text begin
(2) include a copy of the commutation in the court file; and
new text end
new text begin
(3) send a copy of the amended sentencing order and commutation to the commissioner
of corrections and the Bureau of Criminal Apprehension.
new text end
Sec. 15.
new text begin
[638.19] REAPPLYING FOR CLEMENCY.
new text end
new text begin Subdivision 1. new text end
new text begin Time-barred from reapplying; exception. new text end
new text begin
(a) After the board has
considered and denied a clemency application on the merits, an applicant may not file a
subsequent application for five years after the date of the most recent denial. This paragraph
applies if an application is denied according to section 638.17, subdivision 1, paragraph
(b).
new text end
new text begin
(b) An individual may request permission to reapply before the five-year period expires
based only on new and substantial information that was not and could not have been
previously considered by the board or commission.
new text end
new text begin
(c) If a waiver request contains new and substantial information, the commission must
review the request and recommend to the board whether to waive the time restriction. When
considering a waiver request, the commission is exempt from the meeting requirements
under section 638.14 and chapter 13D.
new text end
new text begin
(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end
new text begin Subd. 2. new text end
new text begin Applying for pardon not precluded. new text end
new text begin
An applicant who is denied or granted
a commutation is not precluded from later seeking a pardon of the criminal conviction once
the eligibility requirements of this chapter have been met.
new text end
Sec. 16.
new text begin
[638.20] COMMISSION RECORD KEEPING.
new text end
new text begin Subdivision 1. new text end
new text begin Record keeping. new text end
new text begin
The commission must keep a record of every application
received, its recommendation on each application, and the final disposition of each
application.
new text end
new text begin Subd. 2. new text end
new text begin When open to public. new text end
new text begin
The commission's records and files are open to public
inspection at all reasonable times, except for:
new text end
new text begin
(1) sealed court records;
new text end
new text begin
(2) presentence investigation reports;
new text end
new text begin
(3) Social Security numbers;
new text end
new text begin
(4) financial account numbers;
new text end
new text begin
(5) driver's license information;
new text end
new text begin
(6) medical records;
new text end
new text begin
(7) confidential Bureau of Criminal Apprehension records;
new text end
new text begin
(8) the identities of victims who wish to remain anonymous and confidential victim
statements; and
new text end
new text begin
(9) any other confidential data on individuals, private data on individuals, not public
data, or nonpublic data under chapter 13.
new text end
Sec. 17.
new text begin
[638.21] LANGUAGE ACCESS AND VICTIM SUPPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Language access. new text end
new text begin
The commission and the board must take reasonable
steps to provide meaningful language access to applicants and victims. Applicants and
victims must have language access to information, documents, and services under this
chapter, with each communicated in a language or manner that the applicant or victim can
understand.
new text end
new text begin Subd. 2. new text end
new text begin Interpreters. new text end
new text begin
(a) Applicants and victims are entitled to interpreters as necessary
to fulfill the purposes of this chapter, including oral or written communication. Sections
546.42 to 546.44 apply, to the extent consistent with this section.
new text end
new text begin
(b) The commission or the board may not discriminate against an applicant or victim
who requests or receives interpretation services.
new text end
new text begin Subd. 3. new text end
new text begin Victim services. new text end
new text begin
The commission and the board must provide or contract for
victim support services as necessary to support victims under this chapter.
new text end
Sec. 18.
new text begin
[638.22] LEGISLATIVE REPORT.
new text end
new text begin
Beginning February 15, 2025, and every February 15 thereafter, the commission must
submit a written report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety, corrections, and
judiciary that contains at least the following information:
new text end
new text begin
(1) the number of clemency applications received by the commission during the preceding
calendar year;
new text end
new text begin
(2) the number of favorable and adverse recommendations made by the commission for
each type of clemency;
new text end
new text begin
(3) the number of applications granted and denied by the board for each type of clemency;
new text end
new text begin
(4) the crimes for which the applications were granted by the board, the year of each
conviction, and the individual's age at the time of the crime; and
new text end
new text begin
(5) summary data voluntarily reported by applicants, including but not limited to
demographic information on race, ethnicity, gender, disability status, and age, of applicants
recommended or not recommended for clemency by the commission.
new text end
Sec. 19.
new text begin
[638.23] RULEMAKING.
new text end
new text begin
(a) The board and commission may jointly adopt rules, including amending Minnesota
Rules, chapter 6600, to:
new text end
new text begin
(1) enforce their powers and duties under this chapter and ensure the efficient processing
of applications; and
new text end
new text begin
(2) establish a process for expedited review of applications requesting clemency for a
nonviolent crime.
new text end
new text begin
(b) A rule adopted under paragraph (a), clause (2), must specify the types of nonviolent
crimes eligible for expedited review and the level of support needed from the sentencing
judge or successor, the prosecuting attorney or successor, and any victims of the crime for
the board to consider the application under the expedited review process.
new text end
new text begin
(c) The time limit to adopt rules under section 14.125 does not apply.
new text end
Sec. 20. new text begin TRANSITION PERIOD.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "transition period" means the
period after the effective date of this section through June 30, 2024.
new text end
new text begin Subd. 2. new text end
new text begin Governing provisions. new text end
new text begin
A pardon, commutation, or reprieve granted during the
transition period is governed according to Minnesota Statutes 2022, sections 638.02,
subdivisions 2 to 5, and 638.03 to 638.08.
new text end
new text begin Subd. 3. new text end
new text begin Department administrative assistance. new text end
new text begin
Beginning August 1, 2023, through
February 29, 2024, the Department of Corrections must provide the Clemency Review
Commission with administrative assistance, technical assistance, office space, and other
assistance necessary for the commission to carry out its duties under sections 4 to 20.
new text end
new text begin Subd. 4. new text end
new text begin Granting clemency applications. new text end
new text begin
(a) The Board of Pardons may grant pardons,
commutations, and reprieves on applications received during the transition period.
new text end
new text begin
(b) A pardon, commutation, or reprieve that is granted during the transition period has
no force or effect if the governor or a board majority duly convened opposes the clemency.
new text end
new text begin Subd. 5. new text end
new text begin Clemency applications; commission review. new text end
new text begin
Beginning July 1, 2024, the
Clemency Review Commission must begin reviewing applications for pardons,
commutations, and reprieves in accordance with Minnesota Statutes, chapter 638.
new text end
new text begin Subd. 6. new text end
new text begin Application forms. new text end
new text begin
By July 1, 2024, the commission must develop application
forms in consultation with the board.
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. 21. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07;
638.075; and 638.08,
new text end
new text begin
are repealed.
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. 22. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1, 2, and 6 to 19 are effective July 1, 2024.
new text end
ARTICLE 9
EVIDENCE GATHERING AND REPORTING
Section 1.
Minnesota Statutes 2022, section 13A.02, subdivision 1, is amended to read:
Subdivision 1.
Access by government.
Except as authorized by this chapter, no
government authority may have access to, or obtain copies of, or the information contained
in, the financial records of any customer from a financial institution unless the financial
records are reasonably described and:
(1) the customer has authorized the disclosure;
(2) the financial records are disclosed in response to a search warrant;
(3) the financial records are disclosed in response to a judicial or administrative subpoena;
(4) the financial records are disclosed to law enforcement, a lead investigative agency
as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating
financial exploitation of a vulnerable adult in response to a judicial subpoena or
administrative subpoena under section 388.23; or
(5) the financial records are disclosed pursuant to sectionnew text begin 609.527 ornew text end 609.535 or other
statute or rule.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 13A.02, subdivision 2, is amended to read:
Subd. 2.
Release prohibited.
No financial institution, or officer, employee, or agent of
a financial institution, may provide to any government authority access to, or copies of, or
the information contained in, the financial records of any customer except in accordance
with the provisions of this chapter.
Nothing in this chapter shall require a financial institution to inquire or determine that
those seeking disclosure have duly complied with the requirements of this chapter, provided
only that the customer authorization, search warrant, subpoena, or written certification
pursuant to sectionnew text begin 609.527, subdivision 8;new text end 609.535, subdivision 6; 626.557; or other statute
or rule, served on or delivered to a financial institution shows compliance on its face.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 609.527, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given them in this subdivision.
(b) "Direct victim" means any person or entity described in section 611A.01, paragraph
(b), whose identity has been transferred, used, or possessed in violation of this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, website
address, email address, postal address, telephone number, or any other identifying information
of a for-profit or not-for-profit business or organization or of a government agency, to which
the user has no legitimate claim of right.
(d) new text begin "Financial institution" has the meaning given in section 13A.01, subdivision 2.
new text end
new text begin (e) new text end "Identity" means any name, number, or data transmission that may be used, alone or
in conjunction with any other information, to identify a specific individual or entity, including
any of the following:
(1) a name, Social Security number, date of birth, official government-issued driver's
license or identification number, government passport number, or employer or taxpayer
identification number;
(2) unique electronic identification number, address, account number, or routing code;
or
(3) telecommunication identification information or access device.
deleted text begin (e)deleted text end new text begin (f)new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b), other than a direct victim.
deleted text begin (f)deleted text end new text begin (g)new text end "Loss" means value obtained, as defined in section 609.52, subdivision 1, clause
(3), and expenses incurred by a direct or indirect victim as a result of a violation of this
section.
deleted text begin (g)deleted text end new text begin (h)new text end "Unlawful activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar law
of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.
deleted text begin (h)deleted text end new text begin (i)new text end "Scanning device" means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on a computer chip or magnetic strip or stripe of a payment card,
driver's license, or state-issued identification card.
deleted text begin (i)deleted text end new text begin (j)new text end "Reencoder" means an electronic device that places encoded information from the
computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued
identification card, onto the computer chip or magnetic strip or stripe of a different payment
card, driver's license, or state-issued identification card, or any electronic medium that
allows an authorized transaction to occur.
deleted text begin (j)deleted text end new text begin (k)new text end "Payment card" means a credit card, charge card, debit card, or any other card
that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.527, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Release of limited account information to law enforcement authorities. new text end
new text begin
(a)
A financial institution may release the information described in paragraph (b) to a law
enforcement or prosecuting authority that certifies in writing that it is investigating or
prosecuting a crime of identity theft under this section. The certification must describe with
reasonable specificity the nature of the suspected identity theft that is being investigated or
prosecuted, including the dates of the suspected criminal activity.
new text end
new text begin
(b) This subdivision applies to requests for the following information relating to a
potential victim's account:
new text end
new text begin
(1) the name of the account holder or holders; and
new text end
new text begin
(2) the last known home address and telephone numbers of the account holder or holders.
new text end
new text begin
(c) A financial institution may release the information requested under this subdivision
that it possesses within a reasonable time after the request. The financial institution may
not impose a fee for furnishing the information.
new text end
new text begin
(d) A financial institution is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
new text end
new text begin
(e) Release of limited account information to a law enforcement agency under this
subdivision is criminal investigative data under section 13.82, subdivision 7, except that
when the investigation becomes inactive the account information remains confidential data
on individuals or protected nonpublic data.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 626.14, subdivision 2, is amended to read:
Subd. 2.
Definition.
For the purposes of this section, "no-knock search warrant" means
a search warrant authorizing peace officers to enter certain premises without first deleted text begin knocking
anddeleted text end new text begin loudly and understandably new text end announcing the officer's presence or purpose new text begin and waiting
an objectively reasonable amount of time thereafter for the occupant to comply, based on
a totality of the circumstances, new text end prior to entering the premises. deleted text begin No-knock search warrants
may also be referred to as dynamic entry warrants.
deleted text end
Sec. 6.
Minnesota Statutes 2022, section 626.14, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin No-knock search warrants. new text end
new text begin
A court may not issue or approve a no-knock
search warrant unless the judge determines that the applicant has articulated specific,
objective facts that establish probable cause for belief that:
new text end
new text begin
(1) the search cannot be executed while the premises is unoccupied; and
new text end
new text begin
(2) the occupant or occupants in the premises present an imminent threat of death or
great bodily harm to the officers executing the warrant or other persons.
new text end
Sec. 7.
Minnesota Statutes 2022, section 626.14, subdivision 3, is amended to read:
Subd. 3.
Requirements for a no-knock search warrant.
(a) No peace officer shall
seek a no-knock search warrant unless the warrant application includes at a minimum:
(1) all documentation and materials the issuing court requires;
(2) the information specified in paragraph (b); and
(3) a sworn affidavit as provided in section 626.08.
(b) Each warrant application seeking a no-knock entry must include, in detailed terms,
the following:
(1) why peace officers are seeking the use of a no-knock entry and are unable to detain
the suspect or search the deleted text begin residencedeleted text end new text begin premises safelynew text end through the use of a knock and announce
warrant;
(2) what investigative activities have taken place to support issuance of the no-knock
search warrant, or why no investigative activity is needed or able to be performed; deleted text begin and
deleted text end
new text begin
(3) the known or suspected occupant or occupants of the premises, including the number
of occupants under age 18; and
new text end
deleted text begin (3)deleted text end new text begin (4)new text end whether the warrant can be effectively executed during daylight hours according
to subdivision 1.
(c) The chief law enforcement officer or designee and another superior officer must
review and approve each warrant application. The agency must document the approval of
both reviewing parties.
(d) A no-knock search warrant shall not be issued when the only crime alleged is
possession of a controlled substance unless there is probable cause to believe that the
controlled substance is for other than personal use.
Sec. 8.
Minnesota Statutes 2022, section 626.15, is amended to read:
626.15 EXECUTION AND RETURN OF WARRANT; TIME.
(a) Except as provided in deleted text begin paragraphdeleted text end new text begin paragraphsnew text end (b)new text begin and (c)new text end , a search warrant must be
executed and returned to the court which issued it within ten days after its date. After the
expiration of this time, the warrant is void unless previously executed.
(b) new text begin A search warrant on a financial institution for financial records is valid for 30 days.
new text end
new text begin (c) new text end A district court judge may grant an extension of a warrant on a financial institution
for financial records upon an application under oath stating that the financial institution has
not produced the requested financial records within deleted text begin ten daysdeleted text end new text begin the 30-day periodnew text end and that an
extension is necessary to achieve the purposes for which the search warrant was granted.
Each extension may not exceed 30 days.
new text begin (d) new text end For the purposes of this deleted text begin paragraphdeleted text end new text begin sectionnew text end , "financial institution" has the meaning
given in section 13A.01, subdivision 2, and "financial records" has the meaning given in
section 13A.01, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 9.
Minnesota Statutes 2022, section 626.21, is amended to read:
626.21 RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.
new text begin (a) new text end A person aggrieved by an unlawful search and seizure may move the district court
for the district in which the property was seized or the district court having jurisdiction of
the substantive offense for the return of the property and to suppress the use, as evidence,
of anything so obtained on the ground thatnew text begin :
new text end
(1) the property was illegally seizeddeleted text begin , ordeleted text end new text begin ;
new text end
(2) the property was illegally seized without warrantdeleted text begin , ordeleted text end new text begin ;
new text end
(3) the warrant is insufficient on its facedeleted text begin , ordeleted text end new text begin ;
new text end
(4) the property seized is not that described in the warrantdeleted text begin , ordeleted text end new text begin ;
new text end
(5) there was not probable cause for believing the existence of the grounds on which the
warrant was issueddeleted text begin , ordeleted text end new text begin ;
new text end
(6) the warrant was illegally executeddeleted text begin , ordeleted text end new text begin ;
new text end
(7) the warrant was improvidently issueddeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(8) the warrant was executed or served in violation of section 626.14.
new text end
new text begin (b)new text end The judge shall receive evidence on any issue of fact necessary to the decision of
the motion. If the motion is granted the property shall be restored unless otherwise subject
to lawful detention, and it shall not be admissible in evidence at any hearing or trial. The
motion to suppress evidence may also be made in the district where the trial is to be had.
The motion shall be made before trial or hearing unless opportunity therefor did not exist
or the defendant was not aware of the grounds for the motion, but the court in its discretion
may entertain the motion at the trial or hearing.
Sec. 10.
new text begin
[626.5535] CARJACKING; REPORTING REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "carjacking" means a violation
of section 609.247.
new text end
new text begin Subd. 2. new text end
new text begin Use of information collected. new text end
new text begin
(a) The head of a local law enforcement agency
or state law enforcement department that employs peace officers, as defined in section
626.84, subdivision 1, paragraph (c), must forward the following carjacking information
from the agency's or department's jurisdiction for the previous year to the commissioner of
public safety by January 15 each year:
new text end
new text begin
(1) the number of carjacking attempts;
new text end
new text begin
(2) the number of carjackings;
new text end
new text begin
(3) the ages of the offenders;
new text end
new text begin
(4) the number of persons injured in each offense;
new text end
new text begin
(5) the number of persons killed in each offense; and
new text end
new text begin
(6) weapons used in each offense, if any.
new text end
new text begin
(b) The commissioner of public safety must include the data received under paragraph
(a) in a separate carjacking category in the department's annual uniform crime report.
new text end
Sec. 11.
Minnesota Statutes 2022, section 626A.35, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Exception; stolen motor vehicles. new text end
new text begin
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
new text end
new text begin
(1) the consent of the owner of the vehicle has been obtained; or
new text end
new text begin
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen, and the vehicle is occupied when the tracking device is installed.
new text end
new text begin
(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
new text end
new text begin
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
new text end
new text begin
(e) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
agency that obtains a search warrant under paragraph (b), must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search warrants
the agency obtained under this subdivision in the preceding 12 months. The superintendent
must provide a summary of the data received pursuant to this paragraph in the bureau's
biennial report to the legislature required under section 299C.18.
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
ARTICLE 10
POLICING AND PRIVATE SECURITY
Section 1.
Minnesota Statutes 2022, section 13.825, subdivision 2, is amended to read:
Subd. 2.
Data classification; court-authorized disclosure.
(a) Data collected by a
portable recording system are private data on individuals or nonpublic data, subject to the
following:
(1) data that new text begin record, describe, or otherwise new text end document new text begin actions and circumstances
surrounding either new text end the discharge of a firearm by a peace officer in the course of duty, if a
notice is required under section 626.553, subdivision 2, or the use of force by a peace officer
that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are
public;
(2) data are public if a subject of the data requests it be made accessible to the public,
except that, if practicable, (i) data on a subject who is not a peace officer and who does not
consent to the release must be redacted, and (ii) data on a peace officer whose identity is
protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) new text begin subject to paragraphs (b) to (d), new text end portable recording system data that are active criminal
investigative data are governed by section 13.82, subdivision 7, and portable recording
system data that are inactive criminal investigative data are governed by this section;
(4) portable recording system data that are public personnel data under section 13.43,
subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that
classification.
new text begin
(b) Notwithstanding section 13.82, subdivision 7, when an individual dies as a result of
a use of force by a peace officer, an involved officer's law enforcement agency must allow
the following individuals, upon their request, to inspect all portable recording system data,
redacted no more than what is required by law, documenting the incident within five days
of the request, subject to paragraphs (c) and (d):
new text end
new text begin
(1) the deceased individual's next of kin;
new text end
new text begin
(2) the legal representative of the deceased individual's next of kin; and
new text end
new text begin
(3) the other parent of the deceased individual's child.
new text end
new text begin
(c) A law enforcement agency may deny a request to inspect portable recording system
data under paragraph (b) if the agency determines that there is a compelling reason that
inspection would interfere with an active investigation. If the agency denies access under
this paragraph, the chief law enforcement officer must provide a prompt, written denial to
the individual in paragraph (b) who requested the data with a short description of the
compelling reason access was denied and must provide notice that relief may be sought
from the district court pursuant to section 13.82, subdivision 7.
new text end
new text begin
(d) When an individual dies as a result of a use of force by a peace officer, an involved
officer's law enforcement agency shall release all portable recording system data, redacted
no more than what is required by law, documenting the incident no later than 14 days after
the incident, unless the chief law enforcement officer asserts in writing that the public
classification would interfere with an ongoing investigation, in which case the data remain
classified by section 13.82, subdivision 7.
new text end
deleted text begin (b)deleted text end new text begin (e)new text end A law enforcement agency may redact or withhold access to portions of data that
are public under this subdivision if those portions of data are clearly offensive to common
sensibilities.
deleted text begin (c)deleted text end new text begin (f)new text end Section 13.04, subdivision 2, does not apply to collection of data classified by
this subdivision.
deleted text begin (d)deleted text end new text begin (g)new text end Any person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under paragraph (b)
to redact or withhold access to portions of data because the data are clearly offensive to
common sensibilities. The person bringing the action must give notice of the action to the
law enforcement agency and subjects of the data, if known. The law enforcement agency
must give notice to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The court may order that all or part of the data be released
to the public or to the person bringing the action. In making this determination, the court
shall consider whether the benefit to the person bringing the action or to the public outweighs
any harm to the public, to the law enforcement agency, or to a subject of the data and, if
the action is challenging a determination under paragraph (b), whether the data are clearly
offensive to common sensibilities. The data in dispute must be examined by the court in
camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
obtain access to portable recording system data under the Rules of Criminal Procedure.
Sec. 2.
Minnesota Statutes 2022, section 13.825, subdivision 3, is amended to read:
Subd. 3.
Retention of data.
(a) Portable recording system data that are not active or
inactive criminal investigative data and are not described in paragraph (b) new text begin or (c) new text end must be
maintained for at least 90 days and destroyed according to the agency's records retention
schedule approved pursuant to section 138.17.
(b) Portable recording system data must be maintained for at least one year and destroyed
according to the agency's records retention schedule approved pursuant to section 138.17
if:
(1) the data document (i) the discharge of a firearm by a peace officer in the course of
duty if a notice is required under section 626.553, subdivision 2, or (ii) the use of force by
a peace officer that results in substantial bodily harm; or
(2) a formal complaint is made against a peace officer related to the incident.
(c) new text begin Portable recording system data that document a peace officer's use of deadly force
must be maintained indefinitely.
new text end
new text begin (d) new text end If a subject of the data submits a written request to the law enforcement agency to
retain the recording beyond the applicable retention period for possible evidentiary or
exculpatory use related to the circumstances under which the data were collected, the law
enforcement agency shall retain the recording for an additional time period requested by
the subject of up to 180 days and notify the requester that the recording will then be destroyed
unless a new request is made under this paragraph.
deleted text begin (d)deleted text end new text begin (e)new text end Notwithstanding paragraph (b) deleted text begin ordeleted text end new text begin ,new text end (c)new text begin , or (d)new text end , a government entity may retain a
recording for as long as reasonably necessary for possible evidentiary or exculpatory use
related to the incident with respect to which the data were collected.
Sec. 3.
Minnesota Statutes 2022, section 214.10, subdivision 10, is amended to read:
Subd. 10.
Board of Peace Officers Standards and Training; receipt of
complaint.
Notwithstanding the provisions of subdivision 1 to the contrary, when the
executive director or any member of the Board of Peace Officer Standards and Training
produces or receives a written statement or complaint that alleges a violation of a statute or
rule that the board is empowered to enforce, the executive director shall designate the
appropriate law enforcement agency to investigate the complaint and deleted text begin shalldeleted text end new text begin maynew text end order it to
conduct an inquiry into the complaint's allegations. The investigating agency must complete
the inquiry and submit a written summary of it to the executive director within 30 days of
the order for inquiry.
Sec. 4.
Minnesota Statutes 2022, section 326.3311, is amended to read:
326.3311 POWERS AND DUTIES.
The board has the following powers and duties:
(1) to receive and review all applications for private detective and protective agent
licenses;
(2) to approve applications for private detective and protective agent licenses and issue,
or reissue licenses as provided in sections 326.32 to 326.339;
(3) to deny applications for private detective and protective agent licenses if the applicants
do not meet the requirements of sections 326.32 to 326.339; upon denial of a license
application, the board shall notify the applicant of the denial and the facts and circumstances
that constitute the denial; the board shall advise the applicant of the right to a contested case
hearing under chapter 14;
(4) to enforce all laws and rules governing private detectives and protective agents; deleted text begin and
deleted text end
(5) to suspend or revoke the license of a license holder or impose a civil penalty on a
license holder for violations of any provision of sections 326.32 to 326.339 or the rules of
the boarddeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) to investigate and refer for prosecution all criminal violations by individuals and
entities; and
new text end
new text begin
(7) to investigate and refer for prosecution any individuals and entities operating as
private detectives or protective agents without a license.
new text end
Sec. 5.
Minnesota Statutes 2022, section 326.336, subdivision 2, is amended to read:
Subd. 2.
Identification card.
An identification card must be issued by the license holder
to each employee. The card must be in the possession of the employee to whom it is issued
at all times. The identification card must contain the license holder's name, logo (if any),
address or Minnesota office address, and the employee's photograph and physical description.
The card must be signed by the employee and by the license holder, qualified representative,
or Minnesota office manager.new text begin The card must be presented upon request.
new text end
Sec. 6.
Minnesota Statutes 2022, section 326.3361, subdivision 2, is amended to read:
Subd. 2.
Required contents.
The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment, or evidence that the employee has successfully completed equivalent training
before the start of employmentnew text begin . Notwithstanding any statute or rule to the contrary, this
clause is satisfied if the employee provides a prospective employer with a certificate or a
copy of a certificate demonstrating that the employee successfully completed this training
prior to employment with a different Minnesota licensee and completed this training within
three previous calendar years, or successfully completed this training with a Minnesota
licensee while previously employed with a Minnesota licensee. The certificate or a copy of
the certificate is the property of the employee who completed the training, regardless of
who paid for the training or how training was provided. Upon a current or former employee's
request, a current or former licensed employer must provide a copy of a certificate
demonstrating the employee's successful completion of training to the current or former
employee. The current or former licensed employer must not charge the employee a fee for
a copy of the certificate. The employee who completed the training is entitled to access a
copy of the certificate at no charge according to sections 181.960 to 181.966. A current or
former employer must comply with sections 181.960 to 181.966new text end ;
(2) certification by the board of completion of certified training for a license holder,
qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,
a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours
a year for individuals who are armed with firearms or armed with weapons, which must
include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under
this subdivision.
Sec. 7.
Minnesota Statutes 2022, section 326.3387, subdivision 1, is amended to read:
Subdivision 1.
Basis for action.
The board may revoke or suspend or refuse to issue or
reissue a private detective or protective agent license if:
(1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted
under those sections;
(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the
business of private detective or protective agent;
(3) the license holder has made a false statement in an application submitted to the board
or in a document required to be submitted to the board; deleted text begin or
deleted text end
(4) the license holder violates an order of the boardnew text begin ; or
new text end
new text begin (5) the individual or entity previously operated without a licensenew text end .
Sec. 8.
Minnesota Statutes 2022, section 609.066, subdivision 2, is amended to read:
Subd. 2.
Use of deadly force.
(a) Notwithstanding the provisions of section 609.06 or
609.065, the use of deadly force by a peace officer in the line of duty is justified only if an
objectively reasonable officer would believe, based on the totality of the circumstances
known to the officer at the time and without the benefit of hindsight, that such force is
necessary:
(1) to protect the peace officer or another from death or great bodily harm, provided that
the threat:
(i) can be articulated with specificity deleted text begin by the law enforcement officerdeleted text end ;
(ii) is reasonably likely to occur absent action by the law enforcement officer; and
(iii) must be addressed through the use of deadly force without unreasonable delay; or
(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace
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), items (i) to (iii), unless
immediately apprehended.
(b) A peace officer shall not use deadly force against a person based on the danger the
person poses to self if an objectively reasonable officer would believe, based on the totality
of the circumstances known to the officer at the time and without the benefit of hindsight,
that the person does not pose a threat of death or great bodily harm to the peace officer or
to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii).
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.
Minnesota Statutes 2022, section 626.5531, subdivision 1, is amended to read:
Subdivision 1.
Reports required.
A peace officer must report to the head of the officer's
department every violation of chapter 609 or a local criminal ordinance if the officer has
reason to believe, or if the victim alleges, that the deleted text begin offender was motivated to commit thedeleted text end
act deleted text begin bydeleted text end new text begin was committed in whole or in substantial part because ofnew text end the victim's new text begin actual or
perceived new text end race, new text begin color, ethnicity, new text end religion, deleted text begin national origin,deleted text end sex, new text begin gender, sexual orientation,
gender identity, gender expression, new text end age, new text begin national origin, or new text end disabilitynew text begin as defined in section
363A.03new text end , or deleted text begin characteristics identified as sexual orientationdeleted text end new text begin because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03new text end . The superintendent of the
Bureau of Criminal Apprehension shall adopt a reporting form to be used by law enforcement
agencies in making the reports required under this section. The reports must include for
each incident all of the following:
(1) the date of the offense;
(2) the location of the offense;
(3) whether the target of the incident is a person, private property, or public property;
(4) the crime committed;
(5) the type of bias and information about the offender and the victim that is relevant to
that bias;
(6) any organized group involved in the incident;
(7) the disposition of the case;
(8) whether the determination that the offense was motivated by bias was based on the
officer's reasonable belief or on the victim's allegation; and
(9) any additional information the superintendent deems necessary for the acquisition
of accurate and relevant data.
Sec. 10.
Minnesota Statutes 2022, section 626.843, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Rules governing certain misconduct. new text end
new text begin
No later than January 1, 2024, the
board must adopt rules under chapter 14 that permit the board to take disciplinary action
on a licensee for a violation of a standard of conduct in Minnesota Rules, chapter 6700,
whether or not criminal charges have been filed and in accordance with the evidentiary
standards and civil processes for boards under chapter 214.
new text end
Sec. 11.
Minnesota Statutes 2022, section 626.8432, subdivision 1, is amended to read:
Subdivision 1.
Grounds for revocation, suspension, or denial.
(a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure,
or revoke a peace officer or part-time peace officer license for any of the following causes:
(1) fraud or misrepresentation in obtaining a license;
(2) failure to meet licensure requirements; deleted text begin or
deleted text end
(3)new text begin a violation of section 626.8436, subdivision 1; or
new text end
new text begin (4)new text end a violation of the standards of conduct set forth in Minnesota Rules, chapter 6700.
(b) Unless otherwise provided by the board, a revocation or suspension applies to each
license, renewal, or reinstatement privilege held by the individual at the time final action
is taken by the board. A person whose license or renewal privilege has been suspended or
revoked shall be ineligible to be issued any other license by the board during the pendency
of the suspension or revocation.
Sec. 12.
new text begin
[626.8436] HATE OR EXTREMIST GROUPS.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibition. new text end
new text begin
(a) A peace officer may not join, support, advocate for,
maintain membership, or participate in the activities of:
new text end
new text begin
(1) a hate or extremist group; or
new text end
new text begin
(2) a criminal gang as defined in section 609.229, subdivision 1.
new text end
new text begin
(b) This section does not apply when the conduct is sanctioned by the law enforcement
agency as part of the officer's official duties.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) "Hate or extremist group" means a group that, as demonstrated
by its official statements or principles, the statements of its leaders or members, or its
activities:
new text end
new text begin
(1) promotes the use of threats, force, violence, or criminal activity:
new text end
new text begin
(i) against a local, state, or federal entity, or the officials of such an entity;
new text end
new text begin
(ii) to deprive, or attempt to deprive, individuals of their civil rights under the Minnesota
or United States Constitution; or
new text end
new text begin
(iii) to achieve goals that are political, religious, discriminatory, or ideological in nature;
new text end
new text begin
(2) promotes seditious activities; or
new text end
new text begin
(3) advocates for differences in the right to vote, speak, assemble, travel, or maintain
citizenship based on a person's perceived race, color, creed, religion, national origin,
disability, sex, sexual orientation, gender identity, public assistance status, or any protected
class as defined in Minnesota Statutes or federal law.
new text end
new text begin
(b) For the purposes of this section, advocacy, membership, or participation in a hate or
extremist group or criminal gang is demonstrated by:
new text end
new text begin
(1) dissemination of material that promotes:
new text end
new text begin
(i) the use of threats, force, violence, or criminal activity;
new text end
new text begin
(ii) seditious activities; or
new text end
new text begin
(iii) the objectives described in paragraph (a), clause (3);
new text end
new text begin
(2) engagement in cyber or social media posts, chats, forums, and other forms of
promotion of the group's activities;
new text end
new text begin
(3) display or use of insignia, colors, tattoos, hand signs, slogans, or codes associated
with the group;
new text end
new text begin
(4) direct financial or in-kind contributions to the group;
new text end
new text begin
(5) a physical or cyber presence in the group's events; or
new text end
new text begin
(6) other conduct that could reasonably be considered support, advocacy, or participation
in the group's activities.
new text end
Sec. 13.
Minnesota Statutes 2022, section 626.8451, subdivision 1, is amended to read:
Subdivision 1.
Training course; crimes motivated by bias.
new text begin (a) new text end The board must deleted text begin prepare
adeleted text end new text begin approve a list ofnew text end training deleted text begin coursedeleted text end new text begin coursesnew text end to assist peace officers in identifying deleted text begin anddeleted text end new text begin ,new text end
responding tonew text begin , and reportingnew text end crimes deleted text begin motivateddeleted text end deleted text begin bydeleted text end new text begin committed in whole or in substantial part
because ofnew text end the victim's new text begin or another's actual or perceived new text end race, new text begin color, ethnicity, new text end religion,
deleted text begin national origin,deleted text end sex, new text begin gender, sexual orientation, gender identity, gender expression, new text end age,
new text begin national origin, or new text end disabilitynew text begin as defined in section 363A.03new text end , or deleted text begin characteristics identified as
sexual orientationdeleted text end new text begin because of the victim's actual or perceived association with another person
or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or disability as defined
in section 363A.03new text end . The course must include material to help officers distinguish bias crimes
from other crimes, to help officers in understanding and assisting victims of these crimes,
and to ensure that bias crimes will be accurately reported as required under section 626.5531.
The deleted text begin course must be updated periodicallydeleted text end new text begin board must review the approved courses every
three years and update the list of approved courses new text end as the boardnew text begin , in consultation with
communities most targeted by hate crimes because of their characteristics as described
above, organizations with expertise in providing training on hate crimes, and the statewide
coalition of organizations representing communities impacted by hate crimes ,new text end considers
appropriate.
new text begin
(b) In updating the list of approved training courses described in paragraph (a), the board
must consult and significantly incorporate input from communities most targeted by hate
crimes because of their characteristics as described in paragraph (a), organizations with
expertise in providing training on hate crimes, and the statewide coalition of organizations
representing communities impacted by hate crimes.
new text end
Sec. 14.
Minnesota Statutes 2022, section 626.8452, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Prohibition against retaliation; employers. new text end
new text begin
(a) A law enforcement agency
shall not discharge, discipline, threaten, retaliate, otherwise discriminate against, or penalize
a peace officer regarding the officer's compensation, terms, conditions, location, or privileges
of employment because the officer interceded or made a report in compliance with section
626.8475 or a policy adopted under subdivision 1a regarding another employee or peace
officer who used excessive force.
new text end
new text begin
(b) A court may order the law enforcement agency to pay back wages and offer job
reinstatement to any officer discharged from employment in violation of paragraph (a).
new text end
new text begin
(c) In addition to any remedies otherwise provided by law, a peace officer injured by a
violation of paragraph (a) may bring a civil action for recovery of damages together with
costs and disbursements, including reasonable attorney fees, and may receive injunctive
and other equitable relief, including reinstatement, as determined by the court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action occurring on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 626.8452, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Prohibition against retaliation; fellow officers. new text end
new text begin
(a) A peace officer or
employee of a law enforcement agency may not threaten, harass, retaliate, or otherwise
discriminate against a peace officer because the officer interceded or made a report in
compliance with section 626.8475 or a policy adopted under subdivision 1a regarding
another employee or peace officer who used excessive force.
new text end
new text begin
(b) A person who violates paragraph (a) is subject to disciplinary action as determined
by the chief law enforcement officer of the agency employing the person.
new text end
new text begin
(c) A peace officer who is the victim of conduct prohibited in paragraph (a) may bring
a civil action for recovery of damages together with costs and disbursements, including
reasonable attorney fees, and may receive injunctive and other equitable relief as determined
by the court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action occurring on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Data to be shared with board. new text end
new text begin
(a) Upon receiving written notice that the board
is investigating any allegation of misconduct within its regulatory authority, a chief law
enforcement officer, city, county, or public official must cooperate with the board's
investigation and any data request from the board.
new text end
new text begin
(b) Upon written request from the board that a matter alleging misconduct within its
regulatory authority has occurred regarding a licensed peace officer, a chief law enforcement
officer, city, county, or public official shall provide the board with all requested public and
private data about the alleged misconduct involving the licensed peace officer, including
any pending or final disciplinary or arbitration proceeding, any settlement or compromise,
and any investigative files including but not limited to body worn camera or other audio or
video files. Confidential data must only be disclosed when the board specifies that the
particular identified data is necessary to fulfill its investigatory obligation concerning an
allegation of misconduct within its regulatory authority.
new text end
new text begin
(c) If a licensed peace officer is discharged or resigns from employment after engaging
in any conduct that initiates and results in an investigation of alleged misconduct within the
board's regulatory authority, regardless of whether the licensee was criminally charged or
an administrative or internal affairs investigation was commenced or completed, a chief
law enforcement officer must report the conduct to the board and provide the board with
all public and not public data requested under paragraph (b). If the conduct involves the
chief law enforcement officer, the overseeing city, county, or public official must report
the conduct to the board and provide the board with all public and not public data requested
under paragraph (b).
new text end
new text begin
(d) Data obtained by the board shall be classified and governed as articulated in sections
13.03, subdivision 4, and 13.09, as applicable.
new text end
new text begin
(e) A chief law enforcement officer, or city, county, or public official is not required to
comply with this subdivision when:
new text end
new text begin
(1) there is an active criminal investigation or active criminal proceeding regarding the
same incident or misconduct that is being investigated by the board; or
new text end
new text begin
(2) an active internal investigation exists regarding the same incident or misconduct that
is being investigated by the board during 45 days from the time the request was made by
the board. The chief law enforcement officer, or city, county, or public official must comply
with this subdivision upon completion of the internal investigation or once 45 days has
passed, whichever occurs first.
new text end
Sec. 17.
Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Immunity from liability. new text end
new text begin
A chief law enforcement officer, city, county, or
public official and employees of the law enforcement agency are immune from civil or
criminal liability, including any liability under chapter 13, for reporting or releasing public
or not public data to the board under subdivisions 3 and 4, unless the chief law enforcement
officer, city, county, or public official or employees of the law enforcement agency presented
false information to the board with the intention of causing reputational harm to the peace
officer.
new text end
Sec. 18.
Minnesota Statutes 2022, section 626.8469, subdivision 1, is amended to read:
Subdivision 1.
In-service training required.
(a) Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
deleted text begin anddeleted text end recognizing and valuing community diversity and cultural differences to include implicit
bias trainingnew text begin ; and training to assist peace officers in identifying, responding to, and reporting
incidents committed in whole or in substantial part because of the victim's actual or perceived
race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03, or because of
the victim's actual or perceived association with another person or group of a certain actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end to every
peace officer and part-time peace officer employed by the agency. The training shall comply
with learning objectives developed and approved by the board and shall meet board
requirements for board-approved continuing education credit. new text begin Every three years the board
shall review the learning objectives and must consult and collaborate with communities
most targeted by hate crimes because of their characteristics as described above, organizations
with expertise in providing training on hate crimes, and the statewide coalition of
organizations representing communities impacted by hate crimes in identifying appropriate
objectives and training courses related to identifying, responding to, and reporting incidents
committed in whole or in substantial part because of the victim's or another's actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03, or
because of the victim's actual or perceived association with another person or group of a
certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03. new text end The training shall consist of at least 16 continuing education credits within an
officer's three-year licensing cycle. Each peace officer with a license renewal date after June
30, 2018, is not required to complete this training until the officer's next full three-year
licensing cycle.
(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided
by an approved entity. The board shall create a list of approved entities and training courses
and make the list available to the chief law enforcement officer of every state and local law
enforcement agency. Each peace officer (1) with a license renewal date before June 30,
2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021,
is not required to receive this training by an approved entity until the officer's next full
three-year licensing cycle.
(c) For every peace officer and part-time peace officer with a license renewal date of
June 30, 2022, or later, the training mandated under paragraph (a) must:
(1) include a minimum of six hours for crisis intervention and mental illness crisis
training that meets the standards established in subdivision 1a; and
(2) include a minimum of four hours to ensure safer interactions between peace officers
and persons with autism in compliance with section 626.8474.
Sec. 19.
Minnesota Statutes 2022, section 626.8473, subdivision 3, is amended to read:
Subd. 3.
Written policies and procedures required.
(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate new text begin and require compliance with new text end the
following:
(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable lawnew text begin . The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited, and unredacted recording
of a peace officer using deadly force must be maintained indefinitelynew text end ;
(2) new text begin mandate that a portable recording system be worn at or above the mid-line of the
waist in a position that maximizes the recording system's capacity to record video footage
of the officer's activities;
new text end
new text begin
(3) mandate that officers assigned a portable recording system wear and operate the
system in compliance with the agency's policy adopted under this section while performing
law enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
new text end
new text begin
(4) mandate that, notwithstanding any law to the contrary, when an individual dies as a
result of a use of force by a peace officer, an involved officer's law enforcement agency
must allow the following individuals, upon their request, to inspect all portable recording
system data, redacted no more than what is required by law, documenting the incident within
five days of the request, except as otherwise provided in this clause and clause (5):
new text end
new text begin
(i) the deceased individual's next of kin;
new text end
new text begin
(ii) the legal representative of the deceased individual's next of kin; and
new text end
new text begin
(iii) the other parent of the deceased individual's child.
new text end
new text begin
A law enforcement agency may deny a request if the agency determines that there is a
compelling reason that inspection would interfere with an active investigation. If the agency
denies access, the chief law enforcement officer must provide a prompt, written denial to
the individual who requested the data with a short description of the compelling reason
access was denied and must provide notice that relief may be sought from the district court
pursuant to section 13.82, subdivision 7;
new text end
new text begin
(5) mandate that, when an individual dies as a result of a use of force by a peace officer,
an involved officer's law enforcement agency shall release all portable recording system
data, redacted no more than what is required by law, documenting the incident no later than
14 days after the incident, unless the chief law enforcement officer asserts in writing that
the public classification would interfere with an ongoing investigation, in which case the
data remain classified by section 13.82, subdivision 7;
new text end
new text begin (6) new text end procedures for testing the portable recording system to ensure adequate functioning;
deleted text begin (3)deleted text end new text begin (7)new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;
deleted text begin (4)deleted text end new text begin (8)new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;
deleted text begin (5)deleted text end new text begin (9)new text end circumstances under which a data subject must be given notice of a recording;
deleted text begin (6)deleted text end new text begin (10)new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;
deleted text begin (7)deleted text end new text begin (11)new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and
deleted text begin (8)deleted text end new text begin (12)new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.
new text begin
(c) The board has authority to inspect state and local law enforcement agency policies
to ensure compliance with this section. The board may conduct this inspection based upon
a complaint it receives about a particular agency or through a random selection process.
The board may impose licensing sanctions and seek injunctive relief under section 214.11
for an agency's or licensee's failure to comply with this section.
new text end
Sec. 20.
new text begin
[626.8516] INTENSIVE COMPREHENSIVE PEACE OFFICER
EDUCATION TRAINING PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; title. new text end
new text begin
A program is established within the Department
of Public Safety to fund the intensive comprehensive law enforcement education and training
of two- and four-year college graduates. The program shall be known as the intensive
comprehensive peace officer education and training program.
new text end
new text begin Subd. 2. new text end
new text begin Purpose. new text end
new text begin
The program is intended to address the critical shortage of peace
officers in the state. The program shall provide a grant to law enforcement agencies that
have developed a plan to recruit, educate, and train highly qualified two- and four-year
college graduates to become license-eligible peace officers in the state.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility for grant; grant cap. new text end
new text begin
(a) The chief law enforcement officer of a
law enforcement agency may apply to the commissioner for a grant for the cost of educating,
training, and paying an eligible peace officer candidate until the candidate is licensed by
the board as a peace officer.
new text end
new text begin
(b) The commissioner must consider all eligible expenses proposed by the chief law
enforcement officer in order to issue a grant to the agency for the actual cost of educating,
training, and paying an eligible candidate up to $50,000.
new text end
new text begin
(c) The commissioner shall consider geographic diversity in grant distribution based on
grant applications received.
new text end
new text begin Subd. 4. new text end
new text begin Forms. new text end
new text begin
The commissioner must prepare the necessary grant application forms
and make the forms available on the agency's public website no later than December 31,
2023.
new text end
new text begin Subd. 5. new text end
new text begin Intensive education and skills training program. new text end
new text begin
No later than December
31, 2023, the commissioner, in consultation with the executive director of the board and
the institutions designated as education providers under subdivision 6, shall develop an
intensive comprehensive law enforcement education and skills training curriculum that will
provide eligible peace officer candidates with the law enforcement education and skills
training needed to be licensed as a peace officer. The curriculum must be designed to be
completed in eight months or less and shall be offered at the institutions designated under
subdivision 6. The curriculum may overlap, coincide with, or draw upon existing law
enforcement education and training programs at institutions designated as education providers
under subdivision 6. The executive director of the board may designate existing law
enforcement education and training programs that are designed to be completed in eight
months or less as intensive comprehensive law enforcement education and skills training
programs for the purposes of this section.
new text end
new text begin Subd. 6. new text end
new text begin Education providers; sites. new text end
new text begin
(a) No later than October 1, 2023, the Board of
Trustees of the Minnesota State Colleges and Universities shall designate at least two
regionally diverse system campuses to provide the required intensive comprehensive law
enforcement education and skills training to eligible peace officer candidates.
new text end
new text begin
(b) In addition to the campuses designated under paragraph (a), the commissioner may
designate private, nonprofit postsecondary institutions to provide the required intensive
comprehensive law enforcement education and skills training to eligible peace officer
candidates.
new text end
new text begin Subd. 7. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of public safety.
new text end
new text begin
(c) "Eligible peace officer candidate" means a person who:
new text end
new text begin
(1) has met all of the hiring requirements to become a peace officer in the state, except
for (i) completing a professional peace officer education program, and (ii) passing the
licensing exam; and
new text end
new text begin
(2) a chief law enforcement officer has agreed to hire upon completing the training
required under this chapter and passing the licensing exam.
new text end
new text begin
(d) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f), clause (1).
new text end
new text begin
(e) "Program" means the intensive comprehensive peace officer education and training
program.
new text end
Sec. 21.
Minnesota Statutes 2022, section 626.87, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Background checks. new text end
new text begin
(a) The law enforcement agency must request a criminal
history background check from the superintendent of the Bureau of Criminal Apprehension
on an applicant for employment as a licensed peace officer or an applicant for a position
leading to employment as a licensed peace officer within the state of Minnesota to determine
eligibility for licensing. Applicants must provide, for submission to the superintendent of
the Bureau of Criminal Apprehension:
new text end
new text begin
(1) an executed criminal history consent form, authorizing the dissemination of state
and federal records to the law enforcement agency and the Board of Peace Officer Standards
and Training and fingerprints; and
new text end
new text begin
(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
new text end
new text begin
(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange the applicant's fingerprints with the Federal
Bureau of Investigation to obtain their national criminal history record information. The
superintendent must return the results of the Minnesota and federal criminal history records
checks to the law enforcement agency who is authorized to share with the Board of Peace
Officer Standards and Training to determine if the individual is eligible for licensing under
Minnesota Rules, chapter 6700.
new text end
Sec. 22.
Minnesota Statutes 2022, section 626.87, subdivision 2, is amended to read:
Subd. 2.
Disclosure of employment information.
Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1new text begin or who is a candidate for employment with a law enforcement agency in any
other capacitynew text end . The request for disclosure of employment information must be in writing,
must be accompanied by an deleted text begin originaldeleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begin a sworn peace officer or otherdeleted text end new text begin annew text end authorized
representative of the law enforcement agency conducting the background investigation.
Sec. 23.
Minnesota Statutes 2022, section 626.87, subdivision 3, is amended to read:
Subd. 3.
Refusal to disclose a personnel record.
If an employer refuses to disclose
employment information in accordance with this section, upon request the district court
may issue an ex parte order directing the disclosure of the employment information. The
request must be made by deleted text begin a sworn peace officerdeleted text end new text begin an authorized representativenew text end from the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text begin originaldeleted text end request for disclosure made upon the employer or former employer and the
authorization and release signed by the employee or former employee. The request must be
signed by the deleted text begin peace officerdeleted text end new text begin personnew text end requesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation is being
conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person new text begin or entity new text end who fails
to comply to civil or criminal contempt of court.
Sec. 24.
Minnesota Statutes 2022, section 626.87, subdivision 5, is amended to read:
Subd. 5.
Notice of investigation.
Upon initiation of a background investigation deleted text begin under
this sectiondeleted text end new text begin for a person described in subdivision 1new text end , the law enforcement agency shall give
written notice to the Peace Officer Standards and Training Board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's
standards for employment as a law enforcement employee.
Sec. 25.
Minnesota Statutes 2022, section 626.89, subdivision 17, is amended to read:
Subd. 17.
Civilian review.
new text begin
(a) As used in this subdivision, the following terms have the
meanings given:
new text end
new text begin
(1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end
new text begin
(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end
new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
otherdeleted text end oversight deleted text begin body shall not havedeleted text end new text begin council and grant the councilnew text end the authority to make a
finding of fact or determination regarding a complaint against an officer deleted text begin or imposedeleted text end new text begin and
recommendnew text end discipline deleted text begin ondeleted text end new text begin fornew text end an officer. deleted text begin A civilian review board, commission, or other
oversight body may make a recommendation regarding the merits of a complaint, however,
the recommendation shall be advisory only and shall not be binding on nor limit the authority
of the chief law enforcement officer of any unit of government.
deleted text end
new text begin
(c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. A council must submit
investigation reports that contain findings of peace officer misconduct to the chief law
enforcement officer and the Peace Officer Standards and Training Board's complaint
committee. A council may also make policy recommendations to the chief law enforcement
officer and the Peace Officer Standards and Training Board.
new text end
new text begin
(d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer elects to
not implement a recommendation that is within the officer's authority, the officer shall
inform the council of the decision along with the officer's underlying reasons.
new text end
new text begin
(e) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end
Sec. 26.
Minnesota Statutes 2022, section 626.90, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
a law enforcement agency function conferred by this section, to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution; and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) The band deleted text begin shalldeleted text end new text begin may new text end enter into mutual aid/cooperative agreements with the Mille
Lacs County sheriff under section 471.59 to define and regulate the provision of law
enforcement services under this section. deleted text begin The agreements must define the trust property
involved in the joint powers agreement.
deleted text end
(c) new text begin Only if the requirements of paragraph (a) are met, new text end the band shall have concurrent
jurisdictional authority under this section with the Mille Lacs County Sheriff's Department
deleted text begin only if the requirements of paragraph (a) are met and under the following circumstances:
deleted text end
deleted text begin (1)deleted text end over all persons in the geographical boundaries of the deleted text begin property held by the United
States in trust for the Mille Lacs Band or the Minnesota Chippewa tribe;
deleted text end
deleted text begin (2) over all Minnesota Chippewa tribal members within the boundaries of thedeleted text end Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesotadeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) concurrent jurisdiction over any person who commits or attempts to commit a crime
in the presence of an appointed band peace officer within the boundaries of the Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesota.
deleted text end
Sec. 27.
Minnesota Statutes 2022, section 626.91, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The community has the powers of a law
enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the
requirements of clauses (1) to (4) are met:
(1) the community agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the community further agrees, notwithstanding section
16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from
this liability;
(2) the community files with the Board of Peace Officer Standards and Training a bond
or certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the community files with the Board of Peace Officer Standards and Training a
certificate of insurance for liability of its law enforcement officers, employees, and agents
for lawsuits under the United States Constitution; and
(4) the community agrees to be subject to section 13.82 and any other laws of the state
relating to data practices of law enforcement agencies.
(b) The community deleted text begin shalldeleted text end new text begin maynew text end enter into an agreement under section 471.59 with the
Redwood County sheriff to define and regulate the provision of law enforcement services
under this section and to provide for mutual aid and cooperation. new text begin If entered, new text end the agreement
must identify and describe the trust property involved in the agreement. For purposes of
entering into this agreement, the community shall be considered a "governmental unit" as
that term is defined in section 471.59, subdivision 1.
Sec. 28.
Minnesota Statutes 2022, section 626.91, subdivision 4, is amended to read:
Subd. 4.
Peace officers.
If the community complies with the requirements set forth in
subdivision 2, new text begin paragraph (a), new text end the community is authorized to appoint peace officers, as
defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace
officers employed by the Redwood County sheriff over the persons and the geographic
areas described in subdivision 3.
Sec. 29.
Minnesota Statutes 2022, section 626.92, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims arising out of this
liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount or establishes that liability coverage exists under the Federal
Torts Claims Act, United States Code, title 28, section 1346(b), et al., as extended to the
band pursuant to the Indian Self-Determination and Education Assistance Act of 1975,
United States Code, title 25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution or establishes that liability coverage exists under the
Federal Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended
to the band pursuant to the Indian Self-Determination and Education Assistance Act of
1975, United States Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) deleted text begin By July 1, 1998,deleted text end The band deleted text begin shalldeleted text end new text begin maynew text end enter into written mutual aid or cooperative
agreements with the Carlton County sheriff, the St. Louis County sheriff, and the city of
Cloquet under section 471.59 to define and regulate the provision of law enforcement
services under this section. new text begin If entered, new text end the agreements must define the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Sec. 30.
Minnesota Statutes 2022, section 626.92, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
The band shall have concurrent jurisdictional authority
under this section with the Carlton County and St. Louis County Sheriffs' Departments over
crimes committed within the boundaries of the Fond du Lac Reservation deleted text begin as indicated by
the mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b),
and any exhibits or attachments to those agreementsdeleted text end new text begin if the requirements of subdivision 2,
paragraph (a), are met, regardless of whether a cooperative agreement pursuant to subdivision
2, paragraph (b), is entered intonew text end .
Sec. 31.
Minnesota Statutes 2022, section 626.93, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
If the requirements of subdivision 2 are met deleted text begin and the
tribe enters into a cooperative agreement pursuant to subdivision 4deleted text end , the Tribe deleted text begin shall havedeleted text end new text begin hasnew text end
concurrent jurisdictional authority under this section with the local county sheriff within
the geographical boundaries of the Tribe's reservation to enforce state criminal law.
Sec. 32.
Minnesota Statutes 2022, section 626.93, subdivision 4, is amended to read:
Subd. 4.
Cooperative agreements.
In order to coordinate, define, and regulate the
provision of law enforcement services and to provide for mutual aid and cooperation,
governmental units and the Tribe deleted text begin shalldeleted text end new text begin maynew text end enter into agreements under section 471.59.
For the purposes of entering into these agreements, the Tribe deleted text begin shall bedeleted text end new text begin isnew text end considered a
"governmental unit" as that term is defined in section 471.59, subdivision 1.
Sec. 33.
Laws 1961, chapter 108, section 1, as amended by Laws 1969, chapter 604,
section 1, and Laws 1978, chapter 580, section 1, is amended to read:
Sec. 1. MINNEAPOLIS, CITY OF; POLICE DEPARTMENT.
Notwithstanding any provisions of the Minneapolis city charter, veterans' preference,
or civil service law, rule, or regulation to the contrary, the superintendent of police of the
city of Minneapolis shall after the effective date of this act have the title and be designated
as chief of police of the city of Minneapolis and may appoint deleted text begin threedeleted text end deputy chiefs of police,
deleted text begin fivedeleted text end inspectors of police, the supervisor of the morals and narcotics section, the supervisor
of the internal affairs unit, and the supervisor of license inspection, such personnel to be
appointed from among the members of the Minneapolis police department holding at least
the rank of deleted text begin patrolmandeleted text end new text begin patrol officernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the governing body of the
city of Minneapolis and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end
Sec. 34. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 626.93, subdivision 7,
new text end
new text begin
is repealed.
new text end
ARTICLE 11
CORRECTIONS POLICY
Section 1.
Minnesota Statutes 2022, section 169A.276, subdivision 1, is amended to read:
Subdivision 1.
Mandatory prison sentence.
(a) The court shall sentence a person who
is convicted of a violation of section 169A.20 (driving while impaired) under the
circumstances described in section 169A.24 (first-degree driving while impaired) to
imprisonment for not less than three years. In addition, the court may order the person to
pay a fine of not more than $14,000.
(b) The court may stay execution of this mandatory sentence as provided in subdivision
2 (stay of mandatory sentence), but may not stay imposition or adjudication of the sentence
or impose a sentence that has a duration of less than three years.
(c) An offender committed to the custody of the commissioner of corrections under this
subdivision is not eligible for release as provided in section 241.26, 244.065, 244.12, or
244.17, unless the offender has successfully completed deleted text begin a chemical dependency treatment
program while in prisondeleted text end new text begin treatment recommendations as determined by a comprehensive
substance use disorder assessment while incarceratednew text end .
(d) Notwithstanding the statutory maximum sentence provided in section 169A.24
(first-degree driving while impaired), when the court commits a person to the custody of
the commissioner of corrections under this subdivision, it shall provide that after the person
has been released from prison the commissioner shall place the person on conditional release
for five years. The commissioner shall impose any conditions of release that the commissioner
deems appropriate including, but not limited to, successful completion of an intensive
probation program as described in section 169A.74 (pilot programs of intensive probation
for repeat DWI offenders). If the person fails to comply with any condition of release, the
commissioner may revoke the person's conditional release and order the person to serve all
or part of the remaining portion of the conditional release term in prison. The commissioner
may not dismiss the person from supervision before the conditional release term expires.
Except as otherwise provided in this section, conditional release is governed by provisions
relating to supervised release. The failure of a court to direct the commissioner of corrections
to place the person on conditional release, as required in this paragraph, does not affect the
applicability of the conditional release provisions to the person.
(e) The commissioner shall require persons placed on supervised or conditional release
under this subdivision to pay as much of the costs of the supervision as possible. The
commissioner shall develop appropriate standards for this.
Sec. 2.
Minnesota Statutes 2022, section 241.01, subdivision 3a, is amended to read:
Subd. 3a.
Commissioner, powers and duties.
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility.new text begin After July 1, 2023, the commissioner shall not allow inmates who have not been
conditionally released from prison, whether on parole, supervised release, work release, or
an early release program, to be housed in correctional facilities that are not owned and
operated by the state, a local unit of government, or a group of local units of government.new text end
Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin
(j) To publish, administer, and award grant contracts with state agencies, local units of
government, and other entities for correctional programs embodying rehabilitative concepts,
for restorative programs for crime victims and the overall community, and for implementing
legislative directives.
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. 3.
Minnesota Statutes 2022, section 241.021, subdivision 1d, is amended to read:
Subd. 1d.
Public notice of restriction, revocation, or suspension.
If the license of a
facility under this section is revoked or suspended, or use of the facility is restricted for any
reason under a conditional license order,new text begin or a correction order is issued to a facility,new text end the
commissioner shall post the facility, the status of the facility's license, and the reason for
thenew text begin correction order,new text end restriction, revocation, or suspension publicly and on the department's
website.
Sec. 4.
Minnesota Statutes 2022, section 241.021, subdivision 2a, is amended to read:
Subd. 2a.
Affected municipality; notice.
The commissioner must not deleted text begin issuedeleted text end new text begin grantnew text end a
license without giving 30 calendar days' written notice to any affected municipality or other
political subdivision unless the facility has a licensed capacity of six or fewer persons and
is occupied by either the licensee or the group foster home parents. The notification must
be given before the new text begin license is new text end first deleted text begin issuance of a licensedeleted text end new text begin grantednew text end and annually after that time
if annual notification is requested in writing by any affected municipality or other political
subdivision. State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
subdivision 2 until the provisions of this subdivision have been complied with in full.
Sec. 5.
Minnesota Statutes 2022, section 241.021, subdivision 2b, is amended to read:
Subd. 2b.
Licensing; facilities; juveniles from outside state.
The commissioner may
not:
(1) deleted text begin issuedeleted text end new text begin grantnew text end a license under this section to operate a correctional facility for the
detention or confinement of juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity placing the juvenile at the facility
that obligates the entity to pay the educational expenses of the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention
or confinement of juvenile offenders if the facility accepts juveniles who reside outside of
Minnesota without an agreement with the entity placing the juvenile at the facility that
obligates the entity to pay the educational expenses of the juvenile.
Sec. 6.
Minnesota Statutes 2022, section 241.021, is amended by adding a subdivision to
read:
new text begin Subd. 4e. new text end
new text begin Language access. new text end
new text begin
The commissioner of corrections shall take reasonable steps
to provide meaningful access to limited English proficient (LEP) individuals incarcerated,
detained, or supervised by the Department of Corrections. The commissioner shall develop
written policy and annual training to implement language access for LEP individuals.
new text end
Sec. 7.
new text begin
[241.0215] JUVENILE DETENTION FACILITIES; RESTRICTIONS ON
STRIP SEARCHES AND DISCIPLINE.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
This section applies to juvenile facilities licensed by the
commissioner of corrections under section 241.021, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the meanings
given.
new text end
new text begin
(b) "Health care professional" means an individual who is licensed or permitted by a
Minnesota health-related licensing board, as defined in section 214.01, subdivision 2, to
perform health care services in Minnesota within the professional's scope of practice.
new text end
new text begin
(c) "Strip search" means a visual inspection of a juvenile's unclothed breasts, buttocks,
or genitalia.
new text end
new text begin Subd. 3. new text end
new text begin Searches restricted. new text end
new text begin
(a) A staff person working in a facility may not conduct
a strip search unless:
new text end
new text begin
(1) a specific, articulable, and immediate contraband concern is present;
new text end
new text begin
(2) other search techniques and technology cannot be used or have failed to identify the
contraband; and
new text end
new text begin
(3) the facility's chief administrator or designee has reviewed the situation and approved
the strip search.
new text end
new text begin
(b) A strip search must be conducted by:
new text end
new text begin
(1) a health care professional; or
new text end
new text begin
(2) a staff person working in a facility who has received training on trauma-informed
search techniques and other applicable training under Minnesota Rules, chapter 2960.
new text end
new text begin
(c) A strip search must be documented in writing and describe the contraband concern,
summarize other inspection techniques used or considered, and verify the approval from
the facility's chief administrator or, in the temporary absence of the chief administrator, the
staff person designated as the person in charge of the facility. A copy of the documentation
must be provided to the commissioner within 24 hours of the strip search.
new text end
new text begin
(d) Nothing in this section prohibits or limits a strip search as part of a health care
procedure conducted by a health care professional.
new text end
new text begin Subd. 4. new text end
new text begin Discipline restricted. new text end
new text begin
(a) A staff person working in a facility may not discipline
a juvenile by physically or socially isolating the juvenile.
new text end
new text begin
(b) Nothing in this subdivision restricts a facility from isolating a juvenile for the
juvenile's safety, staff safety, or the safety of other facility residents when the isolation is
consistent with rules adopted by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Commissioner action. new text end
new text begin
The commissioner may take any action authorized under
section 241.021, subdivisions 2 and 3, to address a violation of this section.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
(a) By February 15 each year, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy on the use of strip searches and isolation.
new text end
new text begin
(b) The report must consist of summary data from the previous calendar year and must,
at a minimum, include:
new text end
new text begin
(1) how often strip searches were performed;
new text end
new text begin
(2) how often juveniles were isolated;
new text end
new text begin
(3) the length of each period of isolation used and, for juveniles isolated in the previous
year, the total cumulative amount of time that the juvenile was isolated that year; and
new text end
new text begin
(4) any injury to a juvenile related to a strip search or isolation, or both, that was
reportable as a critical incident.
new text end
new text begin
(c) Data in the report must provide information on the demographics of juveniles who
were subject to a strip search and juveniles who were isolated. At a minimum, data must
be disaggregated by age, race, and gender.
new text end
new text begin
(d) The report must identify any facility that performed a strip search or used isolation,
or both, in a manner that did not comply with this section or rules adopted by the
commissioner in conformity with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 8.
Minnesota Statutes 2022, section 241.025, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is deleted text begin limited todeleted text end new text begin primarilynew text end the arrest of Department of Corrections'
discretionary and statutory released violators and Department of Corrections' escapeesnew text begin and
this must be its primary focus. The Department of Corrections Fugitive Apprehension Unit
may respond to a law enforcement agency's request to exercise general law enforcement
duties during the course of official duties by carrying out law enforcement activities at the
direction of the law enforcement agency of jurisdiction. In addition, the unit may investigate
criminal offenses in agency-operated correctional facilities and surrounding propertynew text end .
Sec. 9.
Minnesota Statutes 2022, section 241.025, subdivision 2, is amended to read:
Subd. 2.
Limitations.
The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdictiondeleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction deleted text begin in which a new crime is committeddeleted text end new text begin unless the law enforcement
agency authorizes the fugitive apprehension unit to assume the subsequent investigationnew text end .new text begin
At the request of the primary jurisdiction, the fugitive apprehension unit may assist in
subsequent investigations or law enforcement efforts being carried out by the primary
jurisdiction. Persons arrested for violations that the fugitive apprehension unit determines
are not within the agency's jurisdiction must be referred to the appropriate local law
enforcement agency for further investigation or disposition.
new text end
Sec. 10.
Minnesota Statutes 2022, section 241.025, subdivision 3, is amended to read:
Subd. 3.
Policies.
The fugitive apprehension unit must develop and file all policies
required under state law for law enforcement agencies. The fugitive apprehension unit also
must develop a policy for contacting law enforcement agencies in a city or county before
initiating any fugitive surveillance, investigation, or apprehension within the city or county.
deleted text begin These policies must be filed with the board of peace officers standards and training by
November 1, 2000.deleted text end Revisions of any of these policies must be filed with the board within
ten days of the effective date of the revision. The Department of Corrections shall train all
of its peace officers regarding the application of these policies.
Sec. 11.
new text begin
[241.252] FREE COMMUNICATION SERVICES FOR INCARCERATED
PERSONS.
new text end
new text begin Subdivision 1. new text end
new text begin Free communication services. new text end
new text begin
(a) A state adult or juvenile facility under
the control of the commissioner of corrections must provide incarcerated persons with voice
communication services. A facility may supplement voice communication services with
other communication services, including but not limited to video communication and email
or electronic messaging services. A facility must at least continue to offer the services the
facility offered as of January 1, 2023.
new text end
new text begin
(b) To the extent that voice communication services are provided, which must not be
limited beyond program participation and routine facility policies and procedures, neither
the individual initiating the communication nor the individual receiving the communication
must be charged for the service.
new text end
new text begin Subd. 2. new text end
new text begin Voice communication services restrictions. new text end
new text begin
Nothing in this section allows an
incarcerated person to violate an active protection order, harassment restraining order, or
other no-contact order or directive.
new text end
new text begin Subd. 3. new text end
new text begin State revenue prohibited. new text end
new text begin
A state agency must not receive revenue from the
provision of voice communication services or any other communication services under this
section, but an agency may collect commissions on communication services provided under
any contract entered into before January 1, 2023.
new text end
new text begin Subd. 4. new text end
new text begin Visitation programs. new text end
new text begin
(a) Facilities shall maintain in-person visits for
incarcerated persons, and communication services must not be used to replace a facility's
in-person visitation program.
new text end
new text begin
(b) Notwithstanding paragraph (a), the commissioner may waive the in-person visitation
program requirement under this subdivision if there is:
new text end
new text begin
(1) a declared emergency under section 12.31; or
new text end
new text begin
(2) a local-, state-, or federal-declared natural disaster.
new text end
new text begin Subd. 5. new text end
new text begin Reporting. new text end
new text begin
The Department of Corrections must include the following
information covering the previous calendar year in its annual performance report required
under section 241.016:
new text end
new text begin
(1) its efforts to renegotiate the agency's communication contracts, including the rates
the agency is paying or charging incarcerated people or community members for any and
all services in the contracts;
new text end
new text begin
(2) a complete and detailed accounting of how legislatively appropriated funds for
communication services are spent, including spending on expenses previously covered by
commissions; and
new text end
new text begin
(3) data on usage of all communication services, including monthly call and message
volume.
new text end
new text begin Subd. 6. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section, the following terms have the
meanings given:
new text end
new text begin
(1) "voice communications" means real-time, audio-only communication services,
namely phone calls made over wireline telephony, voice over Internet protocol, or any other
technology infrastructure; and
new text end
new text begin
(2) "other communication services" means communication services other than voice
communications, including but not limited to video calls and electronic messages.
new text end
Sec. 12.
Minnesota Statutes 2022, section 241.90, is amended to read:
241.90 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
The Office of Ombudsperson for the Department of Corrections is hereby created. The
ombudsperson shall deleted text begin serve at the pleasure ofdeleted text end new text begin be appointed bynew text end the governor in the unclassified
servicedeleted text begin ,deleted text end new text begin and may be removed only for just cause. The ombudspersonnew text end shall be selected without
regard to political affiliation, and shall be a person highly competent and qualified to analyze
questions of law, administration, and public policy. No person may serve as ombudsperson
while holding any other public office. The ombudsperson for corrections shall be accountable
to the governor and shall have the authority to investigate decisions, acts, and other matters
of the Department of Corrections so as to promote the highest attainable standards of
competence, efficiency, and justice in the administration of corrections.
Sec. 13.
Minnesota Statutes 2022, section 242.18, is amended to read:
242.18 STUDY OF OFFENDER'S BACKGROUND; REHABILITATION.
new text begin (a) new text end When a person has been committed to the commissioner of corrections, the
commissioner under rules shall forthwith cause the person to be examined and studied, and
investigate all of the pertinent circumstances of the person's life and the antecedents of the
crime or other delinquent conduct because of which the person has been committed to the
commissioner, and thereupon order the treatment the commissioner determines to be most
conducive to rehabilitation. new text begin Except as authorized in paragraph (b), new text end persons convicted of
crimes shall not be detained in institutions for adjudicated delinquents, nor shall delinquent
children be detained in institutions for persons convicted of crimes. The court and the
prosecuting and police authorities and other public officials shall make available to the
commissioner of corrections all pertinent data in their possession in respect to the case.
new text begin
(b) Upon review of safety considerations and the treatment and programming needs of
a juvenile convicted of a crime, the commissioner may commit the juvenile to the facility
that best meets rehabilitative needs.
new text end
Sec. 14.
Minnesota Statutes 2022, section 243.1606, is amended to read:
243.1606 ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER
SUPERVISION.
Subdivision 1.
Membership.
The Advisory Council on Interstate Adult Offender
Supervision deleted text begin consistsdeleted text end new text begin shall be combined with the State Advisory Council for the Interstate
Compact for Juveniles established by section 260.515 and consistnew text end of the following individuals
or their designees:
(1) the governor;
(2) the chief justice of the supreme court;
(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;
(5) the compact administrator, selected as provided in section 243.1607;
new text begin
(6) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
new text end
deleted text begin (6)deleted text end new text begin (7)new text end the executive director of the Office of Justice Programs in the Department of
Public Safety; deleted text begin and
deleted text end
new text begin
(8) the deputy compact administrator as defined in section 260.515;
new text end
new text begin
(9) a representative from the State Public Defender's Office;
new text end
new text begin
(10) a representative from the Minnesota County Attorney's Association;
new text end
new text begin
(11) a representative from the Minnesota Sheriff's Association;
new text end
new text begin
(12) a representative from the Minnesota Association of County Probation Officers;
new text end
new text begin
(13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end
new text begin
(14) a representative from the community at large;
new text end
new text begin
(15) a representative from a community organization working with victims of crimes;
and
new text end
deleted text begin (7)deleted text end new text begin (16)new text end other members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
Subd. 2.
Duties.
The council shall oversee and administer the state's participation in deleted text begin the
compactdeleted text end new text begin both compactsnew text end described in deleted text begin sectiondeleted text end new text begin sectionsnew text end 243.1605new text begin and 260.515new text end . The council
shall appoint the compact administrator as the state's commissioner. In addition to these
duties, the council shall develop a model policy concerning the operations and procedures
of the compact within the state.
Subd. 3.
Annual report.
By March 1 of each year, the council shall report to the governor
and the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over criminal justice policy on its activities along with
providing a copy of the annual report published by the national commission that includes
the activities of the interstate commission and executive committee as described in section
243.1605 for the preceding year.new text begin The council's annual report must also include information
required of the State Advisory Council for the Interstate Compact for Juveniles as described
in Article IV in section 260.515.
new text end
Sec. 15.
new text begin
[243.1609] INTERSTATE ADULT OFFENDER TRANSFER
TRANSPORTATION EXPENSES.
new text end
new text begin
Subject to the amount of money appropriated for this purpose, the commissioner of
corrections may reimburse sheriffs for transportation expenses related to the return of
probationers to the state who are being held in custody under section 243.1605.
Reimbursement shall be based on a fee schedule agreed to by the Department of Corrections
and the Minnesota Sheriffs' Association. The required return to the state of a probationer
in custody as a result of a nationwide warrant issued pursuant to the Interstate Compact for
Adult Supervision shall be arranged and supervised by the sheriff of the county in which
the court proceedings are to be held and at the expense of the state as provided for in this
section. This expense offset is not applicable to the transport of individuals from pickup
locations within 250 miles of the office of the sheriff arranging and supervising the offender's
return to the state.
new text end
Sec. 16.
Minnesota Statutes 2022, section 243.58, is amended to read:
243.58 deleted text begin ESCAPED INMATES; WARRANT; REWARDdeleted text end new text begin ISSUING WARRANT
FOR ESCAPED INMATE OR CONVICTED DEFENDANTnew text end .
If an inmate escapes from any state correctional facility under the control of the
commissioner of corrections, the commissioner shall issue a warrant directed to any peace
officer requiring that the fugitive be taken into immediate custody and returned to any state
correctional facility designated by the commissioner. new text begin The commissioner may also issue
such a warrant when a convicted defendant fails to report postsentencing to their county
authority or to a state correctional facility. new text end The chief executive officer of the facility from
which the escape occurred shall use all proper means to apprehend and return the escapee,
which may include the offer of a reward of not more than $100 to be paid from the state
treasury, for information leading to the arrest and return to custody of the escapee.
Sec. 17.
new text begin
[243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
new text end
new text begin
(a) The commissioner may not contract with privately owned and operated prisons for
the care, custody, and rehabilitation of inmates committed to the custody of the commissioner.
new text end
new text begin
(b) Notwithstanding section 43A.047, nothing in this section prohibits the commissioner
from contracting with privately owned residential facilities, such as halfway houses, group
homes, work release centers, or treatment facilities, to provide for the care, custody, and
rehabilitation of inmates who have been released from prison under section 241.26, 244.05,
244.0513, 244.065, or 244.172, or any other form of supervised or conditional release.
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. 18.
Minnesota Statutes 2022, section 244.05, subdivision 6, is amended to read:
Subd. 6.
Intensive supervised release.
(a) The commissioner may order that an inmate
be placed on intensive supervised release fornew text begin :
new text end
new text begin (1)new text end all or part of the inmate's supervised release or parole term deleted text begin if the commissioner
determines that the action will further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may order that an inmate be placed
on intensive supervised release fordeleted text end new text begin ; or
new text end
new text begin (2)new text end all of the inmate's conditional or supervised release term if the inmate wasnew text begin :
new text end
new text begin (i)new text end convicted of a sex offense under section 609.342, 609.343, 609.344, 609.345, or
609.3453new text begin ;new text end or
deleted text begin wasdeleted text end new text begin (ii)new text end sentenced under deleted text begin the deleted text end deleted text begin provisions ofdeleted text end section 609.3455, subdivision 3a.
new text begin (b)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end order that all level III predatory offenders be placed
on intensive supervised release for the entire supervised release, conditional release, or
parole term.
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner may impose appropriate conditions of release on deleted text begin thedeleted text end new text begin annew text end inmatenew text begin ,new text end
including but not limited tonew text begin :
new text end
new text begin (1)new text end unannounced searches new text begin by an intensive supervision agent new text end of the inmate's person,
vehicle, premises, computer, or other electronic devices capable of accessing the Internet
deleted text begin by an intensive supervision agentdeleted text end ;
new text begin (2)new text end compliance with court-ordered restitution, if any;
new text begin (3)new text end random drug testing;
new text begin (4)new text end house arrest;
new text begin (5)new text end daily curfews;
new text begin (6)new text end frequent face-to-face contacts with an assigned intensive supervision agent;
new text begin (7)new text end work, education, or treatment requirements; and
new text begin (8)new text end electronic surveillance.
deleted text begin In addition, anydeleted text end new text begin (d) Anew text end sex offender placed on intensive supervised release may be ordered
to participate in an appropriate sex offender program as a condition of release.
new text begin
(e) If electronic surveillance is directed for an inmate on intensive supervised release,
the commissioner must require that until electronic surveillance is activated:
new text end
new text begin
(1) the inmate be kept in custody; or
new text end
new text begin
(2) the inmate's intensive supervision agent, or the agent's designee, directly supervise
the inmate.
new text end
new text begin
(f) Before being released from custody or the direct supervision of an intensive
supervision agent, an inmate placed on electronic surveillance must ensure that:
new text end
new text begin
(1) the inmate's residence is properly equipped to support electronic surveillance; and
new text end
new text begin
(2) the inmate's telecommunications system is properly configured to support electronic
surveillance.
new text end
new text begin
(g) An inmate who fails to comply with paragraph (f) may be found in violation of the
inmate's conditions of release after a revocation hearing.
new text end
deleted text begin (c)deleted text end new text begin (h)new text end As a condition of release for an inmate required to register under section 243.166
who is placed on intensive supervised release under this subdivision, the commissioner shall
prohibit the inmate from accessing, creating, or maintaining a personal web page, profile,
account, password, or deleted text begin user namedeleted text end new text begin usernamenew text end fordeleted text begin :deleted text end (1) a social networking website, or (2) an
instant messaging or chat room program, new text begin any of new text end which permits persons under the age of 18
to become a member or to create or maintain a personal web page.
new text begin (i)new text end An intensive deleted text begin supervised releasedeleted text end new text begin supervisionnew text end agent may modify the prohibition
deleted text begin described in thisdeleted text end new text begin undernew text end paragraph new text begin (h) new text end if deleted text begin doing so doesdeleted text end new text begin :
new text end
new text begin (1)new text end new text begin the modification would new text end not jeopardize public safetynew text begin ;new text end and
new text begin (2)new text end the modification is specifically described and agreed to in advance by the agent.
deleted text begin (d)deleted text end new text begin (j)new text end If deleted text begin thedeleted text end new text begin annew text end inmate violates the conditions of deleted text begin thedeleted text end intensive supervised release, the
commissioner deleted text begin shalldeleted text end new text begin maynew text end impose sanctions as provided in subdivision 3 and section 609.3455.
Sec. 19.
Minnesota Statutes 2022, section 244.05, subdivision 8, is amended to read:
Subd. 8.
Conditional medical new text begin and epidemic new text end release.
new text begin (a) new text end Notwithstanding subdivisions
4 and 5, the commissioner may order that deleted text begin any offenderdeleted text end new text begin an inmatenew text end be placed on conditional
medical release before deleted text begin the offender'sdeleted text end new text begin theirnew text end scheduled supervised release date or target release
date ifnew text begin :
new text end
new text begin (1)new text end the deleted text begin offenderdeleted text end new text begin inmatenew text end suffers from a grave illness or medical conditionnew text begin ;new text end and
new text begin (2)new text end the release poses no threat to the public.
new text begin
(b) If there is an epidemic of any potentially fatal infectious or contagious disease in the
community or in a state correctional facility, the commissioner may also release an inmate
to home confinement before the inmate's scheduled supervised release date or target release
date if:
new text end
new text begin
(1) the inmate has a medical condition or state of health that would make the inmate
particularly vulnerable to the disease; and
new text end
new text begin
(2) release to home confinement poses no threat to the public.
new text end
deleted text begin In making the decision todeleted text end new text begin (c) When deciding whether tonew text end release an deleted text begin offender on this statusdeleted text end new text begin
inmate according to this subdivisionnew text end , the commissioner must considernew text begin :
new text end
new text begin (1)new text end the deleted text begin offender'sdeleted text end new text begin inmate'snew text end age and medical condition, deleted text begin thedeleted text end health care needs deleted text begin of the
offenderdeleted text end , deleted text begin the offender'sdeleted text end new text begin andnew text end custody classification and level of risk of violencedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the appropriate level of community supervisiondeleted text begin ,deleted text end new text begin ;new text end and
new text begin (3)new text end alternative placements that may be available for the deleted text begin offenderdeleted text end new text begin inmatenew text end .
new text begin (d)new text end An inmate may not be released under this deleted text begin provisiondeleted text end new text begin subdivisionnew text end unless the
commissioner has determined that the inmate's health costs are likely to be borne bynew text begin :
new text end
new text begin
(1) the inmate; or
new text end
new text begin (2)new text end medical assistance, Medicaid, veteran's benefits, or deleted text begin bydeleted text end any other federal or state
medical assistance programs deleted text begin or by the inmatedeleted text end .
deleted text begin Conditional medical release is governed by provisions relating to supervised release
except that it may be rescindeddeleted text end new text begin (e) The commissioner may rescind conditional medical
releasenew text end withoutnew text begin anew text end hearing deleted text begin by the commissionerdeleted text end if the deleted text begin offender'sdeleted text end new text begin commissioner considers that
the inmate'snew text end medical condition deleted text begin improvesdeleted text end new text begin has improvednew text end to the extent that deleted text begin the continuation
of the conditional medical release presents a more serious risk to the public.deleted text end new text begin :
new text end
new text begin
(1) the illness or condition is no longer grave or can be managed by correctional health
care options; or
new text end
new text begin
(2) the epidemic that precipitated release has subsided or effective vaccines or other
treatments have become available.
new text end
new text begin
(f) Release under this subdivision may also be revoked in accordance with subdivisions
2 and 3 if the inmate violates any conditions of release imposed by the commissioner.
new text end
Sec. 20.
Minnesota Statutes 2022, section 244.0513, subdivision 2, is amended to read:
Subd. 2.
Conditional release of certain nonviolent controlled substance offenders.
An
offender who has been committed to the commissioner's custody may petition the
commissioner for conditional release from prison before the offender's scheduled supervised
release date or target release date if:
(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or 2a;
152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 152.025;
(2) the offender committed the crime as a result of a controlled substance deleted text begin addictiondeleted text end new text begin use
disordernew text end ;
(3) the offender has served at least:
(i) 18 months or one-half of the offender's term of imprisonment, whichever is less, if
the offense for which the offender is seeking conditional release is a violation of section
152.024 or 152.025; or
(ii) 36 months or one-half of the offender's term of imprisonment, whichever is less, if
the offense for which the offender is seeking conditional release is a violation of section
152.021, subdivision 2 or 2a, 152.022, subdivision 2, or 152.023, subdivision 2;
(4) the offender successfully completed deleted text begin a substance use disorder treatment program of
the type described in this section while in prisondeleted text end new text begin treatment recommendations as determined
by a comprehensive substance use disorder assessment while incarceratednew text end ;
(5) the offender has not previously been conditionally released under this section; and
(6) the offender has not within the past ten years been convicted or adjudicated delinquent
for a violent crime as defined in section 609.1095 other than the current conviction for the
controlled substance offense.
Sec. 21.
Minnesota Statutes 2022, section 244.0513, subdivision 4, is amended to read:
Subd. 4.
Substance use disorder treatment program components.
(a) The substance
use disorder treatment program described in subdivisions 2 and 3 must:
(1) contain a deleted text begin highlydeleted text end structured deleted text begin dailydeleted text end schedule for the offender;
(2) contain deleted text begin individualized educational programs designed to improve the basic educational
skills of the offender and to provide vocational training, if appropriatedeleted text end new text begin individual or group
counseling or both to help the offender identify and address needs related to substance use
and develop strategies to avoid harmful substance use after discharge and to help the offender
obtain the services necessary to establish a lifestyle free of the harmful effects of substance
use disordernew text end ;
(3) contain programs designed to promote the offender's self-worth and the offender's
acceptance of responsibility for the consequences of the offender's own decisions;
(4) be deleted text begin licensed by the Department of Human Services anddeleted text end designed to serve the inmate
population; and
(5) require that each offender submit to a deleted text begin chemical use assessmentdeleted text end new text begin substance use disorder
assessmentnew text end and that the offender receive the appropriate level of treatment as indicated by
the assessment.
(b) The commissioner deleted text begin shalldeleted text end new text begin maynew text end expel from the substance use disorder treatment program
any offender who:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any criminal offense while in the program; or
(3) presents any risk to other inmates based on the offender's behavior or attitude.
Sec. 22.
Minnesota Statutes 2022, section 244.171, subdivision 4, is amended to read:
Subd. 4.
Sanctions.
new text begin (a) new text end The commissioner shall impose severe and meaningful sanctions
for violating the conditions of the challenge incarceration program. The commissioner shall
remove an offender from the challenge incarceration program if the offender:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The removal of an offender from the challenge incarceration
program is governed by the procedures in the commissioner's rules adopted under section
244.05, subdivision 2.
new text begin (b) new text end An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's sentence.
"Term of imprisonment" means a time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.
new text begin
(c) Notwithstanding paragraph (b), an offender who has been removed from the challenge
incarceration program but who remains otherwise eligible for acceptance into the program
may be readmitted at the commissioner's discretion. An offender readmitted to the program
under this paragraph must participate from the beginning and complete all of the program's
phases.
new text end
Sec. 23.
Minnesota Statutes 2022, section 244.172, subdivision 1, is amended to read:
Subdivision 1.
Phase I.
Phase I of the program lasts at least six months. The offender
must be confined at the Minnesota Correctional Facility - Willow River/Moose Lake deleted text begin ordeleted text end new text begin ,new text end
the Minnesota Correctional Facility - Togonew text begin , or the Minnesota Correctional Facility - Shakopeenew text end
and must successfully participate in all intensive treatment, educationnew text begin ,new text end and work programs
required by the commissioner. The offender must also submit on demand to random drug
and alcohol testing at time intervals set by the commissioner. Throughout phase I, the
commissioner must severely restrict the offender's telephone and visitor privileges.
Sec. 24.
Minnesota Statutes 2022, section 260.515, is amended to read:
260.515 INTERSTATE COMPACT FOR JUVENILES.
The Interstate Compact for Juveniles is enacted into law and entered into with all other
states legally joining in it in substantially the following form:
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible
for the proper supervision or return of juveniles, delinquents, and status offenders who are
on probation or parole and who have absconded, escaped, or run away from supervision
and control and in so doing have endangered their own safety and the safety of others. The
compacting states also recognize that each state is responsible for the safe return of juveniles
who have run away from home and in doing so have left their state of residence. The
compacting states also recognize that Congress, by enacting the Crime Control Act, United
States Code, title 4, section 112 (1965), has authorized and encouraged compacts for
cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among
the compacting states to:
(A) ensure that the adjudicated juveniles and status offenders subject to this compact
are provided adequate supervision and services in the receiving state as ordered by the
adjudicating judge or parole authority in the sending state;
(B) ensure that the public safety interests of the citizens, including the victims of juvenile
offenders, in both the sending and receiving states are adequately protected;
(C) return juveniles who have run away, absconded, or escaped from supervision or
control or have been accused of an offense to the state requesting their return;
(D) make contracts for the cooperative institutionalization in public facilities in member
states for delinquent youth needing special services;
(E) provide for the effective tracking and supervision of juveniles;
(F) equitably allocate the costs, benefits, and obligations of the compact states;
(G) establish procedures to manage the movement between states of juvenile offenders
released to the community under the jurisdiction of courts, juvenile departments, or any
other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
(H) insure immediate notice to jurisdictions where defined juvenile offenders are
authorized to travel or to relocate across state lines;
(I) establish procedures to resolve pending charges (detainers) against juvenile offenders
prior to transfer or release to the community under the terms of this compact;
(J) establish a system of uniform data collection on information pertaining to juveniles
subject to this compact that allows access by authorized juvenile justice and criminal justice
officials, and regular reporting of compact activities to heads of state; executive, judicial,
and legislative branches; and juvenile criminal justice administrators;
(K) monitor compliance with rules governing interstate movement of juveniles and
initiate interventions to address and correct noncompliance;
(L) coordinate training and education regarding the regulation of interstate movement
of juveniles for officials involved in such activity; and
(M) coordinate the implementation and operation of the compact with the Interstate
Compact for the Placement of Children, the Interstate Compact for Adult Offender
Supervision, and other compacts affecting juveniles particularly in those cases where
concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate
Commission created herein are the information of public policies and therefore are public
business. Furthermore, the compacting states shall cooperate and observe their individual
and collective duties and responsibilities for the prompt return and acceptance of juveniles
subject to the provisions of this compact. The provisions of this compact shall be reasonably
and liberally construed to accomplish the purpose and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Bylaws" means those bylaws established by the commission for its governance, or
for directing or controlling its actions or conduct.
B. "Compact administrator" means the individual in each compacting state appointed
pursuant to the terms of this compact responsible for the administration and management
of the state's supervision and transfer of juveniles subject to the terms of this compact, the
rules adopted by the Interstate Commission, and policies adopted by the state council under
this compact.
C. "Compacting state" means any state which has enacted the enabling legislation for
this compact.
D. "Commissioner" means the voting representative of each compacting state appointed
pursuant to Article III of this compact.
E. "Court" means any court having jurisdiction over delinquent, neglected, or dependent
children.
F. "Deputy compact administrator" means the individual, if any, in each compacting
state appointed to act on behalf of a compact administrator pursuant to the terms of this
compact responsible for the administration and management of the state's supervision and
transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate
Commission, and policies adopted by the state council under this compact.
G. "Interstate Commission" means the Interstate Commission for Juveniles created by
Article III of this compact.
H. "Juvenile" means any person defined as a juvenile in any member state or by the rules
of the Interstate Commission, including:
(1) accused delinquent - a person charged with an offense that, if committed by an adult,
would be a criminal offense;
(2) adjudicated delinquent - a person found to have committed an offense that, if
committed by an adult, would be a criminal offense;
(3) accused status offender - a person charged with an offense that would not be a criminal
offense if committed by an adult;
(4) adjudicated status offender - a person found to have committed an offense that would
not be a criminal offense if committed by an adult; and
(5) nonoffender - a person in need of supervision who has not been accused or adjudicated
a status offender or delinquent.
I. "Noncompacting state" means any state which has not enacted the enabling legislation
for this compact.
J. "Probation" or "parole" means any kind of supervision or conditional release of
juveniles authorized under the laws of the compacting states.
K. "Rule" means a written statement by the Interstate Commission promulgated pursuant
to Article VI of this compact that is of general applicability, implements, interprets, or
prescribes a policy or provision of the compact, or an organizational, procedural, or practice
requirement of the commission, and has the force and effect of statutory law in a compacting
state, and includes the amendment, repeal, or suspension of an existing rule.
L. "State" means a state of the United States, the District of Columbia (or its designee),
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, and the Northern Marianas.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission for Juveniles." The
commission shall be a body corporate and joint agency of the compacting states. The
commission shall have all the responsibilities, powers, and duties set forth herein, and such
additional powers as may be conferred upon it by subsequent action of the respective
legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the appropriate
appointing authority in each state pursuant to the rules and requirements of each compacting
state and in consultation with the State Advisory Council for Interstate Supervision of
Juvenile Offenders and Runaways created hereunder. The commissioner shall be the compact
administrator. The commissioner of corrections or the commissioner's designee shall serve
as the compact administrator, who shall serve on the Interstate Commission in such capacity
under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the
Interstate Commission shall include individuals who are not commissioners but who are
members of interested organizations. Such noncommissioner members must include a
member of the national organizations of governors, legislators, state chief justices, attorneys
general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the
Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.
All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting)
members. The Interstate Commission may provide in its bylaws for such additional ex-officio
(nonvoting) members, including members of other national organizations, in such numbers
as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to
one vote. A majority of the compacting states shall constitute a quorum for the transaction
of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. The chair may call
additional meetings and, upon the request of a simple majority of the compacting states,
shall call additional meetings. Public notice shall be given of all meetings and meetings
shall be open to the public.
F. The Interstate Commission shall establish an executive committee, which shall include
commission officers, members, and others as determined by the bylaws. The executive
committee shall have the power to act on behalf of the Interstate Commission during periods
when the Interstate Commission is not in session, with the exception of rulemaking and/or
amendment to the compact. The executive committee shall oversee the day-to-day activities
of the administration of the compact managed by an executive director and Interstate
Commission staff; administer enforcement and compliance with the provisions of the
compact, its bylaws, and rules; and perform such other duties as directed by the Interstate
Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power to cast a
vote to which that compacting state is entitled and to participate in the business and affairs
of the Interstate Commission. A member shall vote in person and shall not delegate a vote
to another compacting state. However, a commissioner, in consultation with the state council,
shall appoint another authorized representative, in the absence of the commissioner from
that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws
may provide for members' participation in meetings by telephone or other means of
telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions and procedures under
which the Interstate Commission shall make its information and official records available
to the public for inspection or copying. The Interstate Commission may exempt from
disclosure any information or official records to the extent they would adversely affect
personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to the public,
except as set forth in the rules or as otherwise provided in the compact. The Interstate
Commission and any of its committees may close a meeting to the public where it determines
by two-thirds vote that an open meeting would be likely to:
1. relate solely to the Interstate Commission's internal personnel practices and procedures;
2. disclose matters specifically exempted from disclosure by statute;
3. disclose trade secrets or commercial or financial information which is privileged or
confidential;
4. involve accusing any person of a crime or formally censuring any person;
5. disclose information of a personal nature where disclosure would constitute a clearly
unwarranted invasion of personal privacy;
6. disclose investigative records compiled for law enforcement purposes;
7. disclose information contained in or related to examination, operating or condition
reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect
to a regulated person or entity for the purpose of regulation or supervision of such person
or entity;
8. disclose information, the premature disclosure of which would significantly endanger
the stability of a regulated person or entity;
9. specifically relate to the Interstate Commission's issuance of a subpoena or its
participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the Interstate Commission's legal
counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed
to the public, and shall reference each relevant exemptive provision. The Interstate
Commission shall keep minutes which shall fully and clearly describe all matters discussed
in any meeting and shall provide a full and accurate summary of any actions taken, and the
reasons therefore, including a description of each of the views expressed on any item and
the record of any roll call vote (reflected in the vote of each member on the question). All
documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the interstate
movement of juveniles as directed through its rules which shall specify the data to be
collected, the means of collection, and data exchange and reporting requirements. Such
methods of data collection, exchange, and reporting shall insofar as is reasonably possible
conform to up-to-date technology and coordinate its information functions with the
appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to affect the purposes and obligations as enumerated in this
compact, which shall have the force and effect of statutory law and shall be binding in the
compact states to the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to
the terms of this compact and any bylaws adopted and rules promulgated by the Interstate
Commission.
4. To enforce compliance with the compact provisions, the rules promulgated by the
Interstate Commission, and the bylaws, using all necessary and proper means, including
but not limited to the use of judicial process.
5. To establish and maintain offices which shall be located within one or more of the
compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary for the
carrying out of its functions including, but not limited to, an executive committee as required
by Article III, which shall have the power to act on behalf of the Interstate Commission in
carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to
fix their compensation, define their duties, and determine their qualifications; and to establish
the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts
of interest, rates of compensation, and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies, materials,
and services, and to receive, utilize, and dispose of it.
11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold,
improve, or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose
of any property, real, personal, or mixed.
13. To establish a budget, make expenditures, and levy dues as provided in Article VIII
of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the Interstate
Commission.
16. To perform such functions as may be necessary or appropriate to achieve the purposes
of this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils of the
compacting states concerning the activities of the Interstate Commission during the preceding
year. Such reports shall also include any recommendations that may have been adopted by
the Interstate Commission.
18. To coordinate education, training, and public awareness regarding the interstate
movement of juveniles for officials involved in such activity.
19. To establish uniform standards of the reporting, collecting, and exchanging of data.
20. The Interstate Commission shall maintain its corporate books and records in
accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION
OF THE INTERSTATE COMMISSION
Section A. Bylaws.
1. The Interstate Commission shall, by a majority of the members present and voting,
within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its
conduct as may be necessary or appropriate to carry out the purposes of the compact,
including, but not limited to:
a. establishing the fiscal year of the Interstate Commission;
b. establishing an executive committee and such other committees as may be necessary;
c. provide: (i) for the establishment of committees, and (ii) governing any general or
specific delegation of any authority or function of the Interstate Commission;
d. providing reasonable procedures for calling and conducting meetings of the Interstate
Commission and ensuring reasonable notice of each such meeting;
e. establishing the titles and responsibilities of the officers of the Interstate Commission;
f. providing a mechanism for concluding the operations of the Interstate Commission
and the return of any surplus funds that may exist upon the termination of the compact after
the payment and/or reserving of all of its debts and obligations;
g. providing "start-up" rules for initial administration of the compact;
h. establishing standards and procedures for compliance and technical assistance in
carrying out the compact.
Section B. Officers and staff.
1. The Interstate Commission shall, by a majority of the members, elect annually from
among its members a chair and a vice-chair, each of whom shall have such authority and
duties as may be specified in the bylaws. The chair or, in the chair's absence or disability,
the vice-chair shall preside at all meetings of the Interstate Commission. The officers so
elected shall serve without compensation or remuneration from the Interstate Commission;
provided that, subject to the availability of budget funds, the officers shall be reimbursed
for any ordinary and necessary costs and expenses incurred by them in the performance of
their responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appoint or retain
an executive director for such period, upon such terms and conditions, and for such
compensation as the Interstate Commission may deem appropriate. The executive director
shall serve as secretary to the Interstate Commission, but shall not be a member and shall
hire and supervise such other staff as may be authorized by the Interstate Commission.
Section C. Qualified immunity, defense, and indemnification.
1. The commission's executive director and employees shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or loss
of property or personal injury or other civil liability caused or arising out of or relating to
any actual or alleged act, error, or omission that occurred, or that such person had a
reasonable basis for believing occurred within the scope of commission employment, duties,
or responsibilities; provided, that any such person shall not be protected from suit or liability
for any damage, loss, injury, or liability caused by the intentional or willful and wanton
misconduct of any such person.
2. The liability of any commissioner, or the employee or agent of a commissioner, acting
within the scope of such person's employment or duties for acts, errors, or omissions
occurring within such person's state may not exceed the limits of liability set forth under
the Constitution and laws of that state for state officials, employees, and agents. Nothing
in this subsection shall be construed to protect any such person from suit or liability for any
damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct
of any such person.
3. The Interstate Commission shall defend the executive director or the employees or
representatives of the Interstate Commission and, subject to the approval of the attorney
general of the state represented by any commissioner of a compacting state, shall defend
such commissioner or the commissioner's representatives or employees in any civil action
seeking to impose liability arising out of any actual or alleged act, error, or omission that
occurred within the scope of Interstate Commission employment, duties, or responsibilities,
or that the defendant has a reasonable basis for believing occurred within the scope of
Interstate Commission employment, duties, or responsibilities, provided that the actual or
alleged act, error, or omission did not result from intentional or willful and wanton
misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold the commissioner of a compacting
state, or the commissioner's representatives or employees, or the Interstate Commission's
representatives or employees, harmless in the amount of any settlement or judgment obtained
against such persons arising out of any actual or alleged act, error, or omission that occurred
within the scope of Interstate Commission employment, duties, or responsibilities, or that
such persons had a reasonable basis for believing occurred within the scope of Interstate
Commission employment, duties, or responsibilities, provided that the actual or alleged act,
error, or omission did not result from intentional or willful and wanton misconduct on the
part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
1. The Interstate Commission shall promulgate and publish rules in order to effectively
and efficiently achieve the purposes of the compact.
2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws
and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the
principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, Vol. 15, page 1 (2000), or such other administrative procedures act, as the
Interstate Commission deems appropriate consistent with due process requirements under
the United States Constitution as now or hereafter interpreted by the United States Supreme
Court. All rules and amendments shall become binding as of the date specified, as published
with the final version of the rule as approved by the commission.
3. When promulgating a rule, the Interstate Commission shall, at a minimum:
a. publish the proposed rule's entire text stating the reasons for that proposed rule;
b. allow and invite any and all persons to submit written data, facts, opinions, and
arguments, which information shall be added to the record, and be made publicly available;
c. provide an opportunity for an informal hearing if petitioned by ten or more persons;
and
d. promulgate a final rule and its effective date, if appropriate, based on input from state
or local officials, or interested parties.
4. The Interstate Commission shall allow, not later than 60 days after a rule is
promulgated, any interested person to file a petition in the United States District Court for
the District of Columbia or in the federal District Court where the Interstate Commission's
principal office is located for judicial review of such rule. If the court finds that the Interstate
Commission's action is not supported by substantial evidence in the rulemaking record, the
court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence
is substantial if it would be considered substantial evidence under the Model (State)
Administrative Procedures Act.
5. If a majority of the legislatures of the compacting states rejects a rule, those states
may, by enactment of a statute or resolution in the same manner used to adopt the compact,
cause that such rule shall have no further force and effect in any compacting state.
6. The existing rules governing the operation of the Interstate Compact on Juveniles
superceded by this act shall be null and void 12 months after the first meeting of the Interstate
Commission created hereunder.
7. Upon determination by the Interstate Commission that a state of emergency exists, it
may promulgate an emergency rule which shall become effective immediately upon adoption,
provided that the usual rulemaking procedures provided hereunder shall be retroactively
applied to said rule as soon as reasonably possible, but no later than 90 days after the effective
date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE
RESOLUTION BY THE INTERSTATE COMMISSION
Section A. Oversight.
1. The Interstate Commission shall oversee the administration and operations of the
interstate movement of juveniles subject to this compact in the compacting states and shall
monitor such activities being administered in noncompacting states which may significantly
affect compacting states.
2. The courts and executive agencies in each compacting state shall enforce this compact
and shall take all actions necessary and appropriate to effectuate the compact's purposes
and intent. The provisions of this compact and the rules promulgated hereunder shall be
received by all the judges, public officers, commissions, and departments of the state
government as evidence of the authorized statute and administrative rules. All courts shall
take judicial notice of the compact and the rules. In any judicial or administrative proceeding
in a compacting state pertaining to the subject matter of this compact which may affect the
powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to
receive all service of process in any such proceeding, and shall have standing to intervene
in the proceeding for all purposes.
3. The compact administrator shall assess and collect fines, fees, and costs from any
state or local entity deemed responsible by the compact administrator for a default as
determined by the Interstate Commission under Article XI.
Section B. Dispute resolution.
1. The compacting states shall report to the Interstate Commission on all issues and
activities necessary for the administration of the compact as well as issues and activities
pertaining to compliance with the provisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of a compacting state, to
resolve any disputes or other issues which are subject to the compact and which may arise
among compacting states and between compacting and noncompacting states. The
commission shall promulgate a rule providing for both mediation and binding dispute
resolution for disputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce
the provisions and rules of this compact using any or all means set forth in Article XI of
this compact.
ARTICLE VIII
FINANCE
1. The Interstate Commission shall pay or provide for the payment of the reasonable
expenses of its establishment, organization, and ongoing activities.
2. The Interstate Commission shall levy on and collect an annual assessment from each
compacting state to cover the cost of the internal operations and activities of the Interstate
Commission and its staff which must be in a total amount sufficient to cover the Interstate
Commission's annual budget as approved each year. The aggregate annual assessment
amount shall be allocated based upon a formula to be determined by the Interstate
Commission, taking into consideration the population of each compacting state and the
volume of interstate movement of juveniles in each compacting state, and shall promulgate
a rule binding upon all compacting states which governs said assessment.
3. The Interstate Commission shall not incur any obligations of any kind prior to securing
the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit
of any of the compacting states, except by and with the authority of the compacting state.
4. The Interstate Commission shall keep accurate accounts of all receipts and
disbursements. The receipts and disbursements of the Interstate Commission shall be subject
to the audit and accounting procedures established under its bylaws. However, all receipts
and disbursements of funds handled by the Interstate Commission shall be audited yearly
by a certified or licensed public accountant and the report of the audit shall be included in
and become part of the annual report of the Interstate Commission.
5. Minnesota's annual assessment shall not exceed $30,000. The Interstate Compact for
Juveniles fund is established as a special fund in the Department of Corrections. The fund
consists of money appropriated for the purpose of meeting financial obligations imposed
on the state as a result of Minnesota's participation in this compact. An assessment levied
or any other financial obligation imposed under this compact is effective against the state
only to the extent that money to pay the assessment or meet the financial obligation has
been appropriated and deposited in the fund established in this paragraph.
ARTICLE IX
THE STATE ADVISORY COUNCIL
Each member state shall create a State Advisory Council for the Interstate Compact for
Juveniles. The Advisory Council on the Interstate Compact for Juveniles deleted text begin consistsdeleted text end new text begin shall be
combined with the Advisory Council on Interstate Adult Offender Supervision established
by section 243.1606 and consistnew text end of the following individuals or their designees:
(1) the governor;
(2) the chief justice of the Supreme Court;
(3) two senators, one from the majority and the other from the minority party, selected
by the Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party,
selected by the house speaker;
(5) a representative from the Department of Human Services regarding the Interstate
Compact for the Placement of Children;
(6) the compact administrator, selected as provided in Article III;
(7) the executive director of the Office of Justice Programs or designee;
(8) the deputy compact administrator; deleted text begin and
deleted text end
new text begin
(9) a representative from the State Public Defender's Office;
new text end
new text begin
(10) a representative from the Minnesota County Attorney's Association;
new text end
new text begin
(11) a representative from the Minnesota Sheriff's Association;
new text end
new text begin
(12) a representative from the Minnesota Association of County Probation Officers;
new text end
new text begin
(13) a representative from the Minnesota Association of Community Corrections Act
Counties;
new text end
new text begin
(14) a representative from the community at large;
new text end
new text begin
(15) a representative from a community organization working with victims of crimes;
and
new text end
deleted text begin (9)deleted text end new text begin (16)new text end other members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
The council shall oversee and administer the state's participation in the compact as
described in Article III. The council shall appoint the compact administrator as the state's
commissioner.
The state advisory council will advise and exercise advocacy concerning that state's
participation in Interstate Commission activities and other duties as may be determined by
that state, including, but not limited to, development of policy concerning operations and
procedures of the compact within that state.
Expiration; expenses. The provisions of section 15.059 apply to the council except that
it does not expire.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE,
AND AMENDMENT
1. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas
Islands as defined in Article II of this compact is eligible to become a compacting state.
2. The compact shall become effective and binding upon legislative enactment of the
compact into law by no less than 35 of the states. The initial effective date shall be the later
of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall
become effective and binding as to any other compacting state upon enactment of the
compact into law by that state. The governors of nonmember states or their designees shall
be invited to participate in the activities of the Interstate Commission on a nonvoting basis
prior to adoption of the compact by all states and territories of the United States.
3. The Interstate Commission may propose amendments to the compact for enactment
by the compacting states. No amendment shall become effective and binding upon the
Interstate Commission and the compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION,
AND JUDICIAL ENFORCEMENT
Section A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each
and every compacting state; provided that a compacting state may withdraw from the
compact specifically repealing the statute, which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chair of the Interstate Commission
in writing upon the introduction of legislation repealing this compact in the withdrawing
state. The Interstate Commission shall notify the other compacting states of the withdrawing
state's intent to withdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of withdrawal, including any obligations, the performance
of which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shall occur upon the
withdrawing state reenacting the compact or upon such later date as determined by the
Interstate Commission.
Section B. Technical assistance, fines, suspension, termination, and default.
1. If the Interstate Commission determines that any compacting state has at any time
defaulted in the performance of any of its obligations or responsibilities under this compact,
or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all
of the following penalties:
a. remedial training and technical assistance as directed by the Interstate Commission;
b. alternative dispute resolution;
c. fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the
Interstate Commission;
d. suspension or termination of membership in the compact, which shall be imposed
only after all other reasonable means of securing compliance under the bylaws and rules
have been exhausted and the Interstate Commission has therefore determined that the
offending state is in default. Immediate notice of suspension shall be given by the Interstate
Commission to the governor, the chief justice, or the chief judicial officer of the state; the
majority and minority leaders of the defaulting state's legislature; and the state council. The
grounds for default include, but are not limited to, failure of a compacting state to perform
such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly
promulgated rules and any other grounds designated in commission bylaws and rules. The
Interstate Commission shall immediately notify the defaulting state in writing of the penalty
imposed by the Interstate Commission and of the default pending a cure of the default. The
commission shall stipulate the conditions and the time period within which the defaulting
state must cure its default. If the defaulting state fails to cure the default within the time
period specified by the commission, the defaulting state shall be terminated from the compact
upon an affirmative vote of a majority of the compacting states and all rights, privileges,
and benefits conferred by this compact shall be terminated from the effective date of
termination.
2. Within 60 days of the effective date of termination of a defaulting state, the commission
shall notify the governor, the chief justice or chief judicial officer, the majority and minority
leaders of the defaulting state's legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments, obligations, and liabilities
incurred through the effective date of termination including any obligations, the performance
of which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to the defaulting state
unless otherwise mutually agreed upon in writing between the Interstate Commission and
the defaulting state.
5. Reinstatement following termination of any compacting state requires both a
reenactment of the compact by the defaulting state and the approval of the Interstate
Commission pursuant to the rules.
Section C. Judicial enforcement.
The Interstate Commission may, by majority vote of the members, initiate legal action
in the United States District Court for the District of Columbia or, at the discretion of the
Interstate Commission, in the federal district where the Interstate Commission has its offices,
to enforce compliance with the provisions of the compact, its duly promulgated rules and
bylaws, against any compacting state in default. In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of such litigation, including
reasonable attorney fees.
Section D. Dissolution of compact.
1. The compact dissolves effective upon the date of the withdrawal or default of the
compacting state, which reduces membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall
be of no further force or effect, and the business and affairs of the Interstate Commission
shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
1. The provisions of this compact shall be severable, and if any phrase, clause, sentence,
or provision is deemed unenforceable, the remaining provisions of this compact shall be
enforceable.
2. The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other laws.
1. Nothing herein prevents the enforcement of any other law of a compacting state that
is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions and other interstate compacts
conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules and bylaws
promulgated by the Interstate Commission, are binding upon the compacting state.
2. All agreements between the Interstate Commission and the compacting states are
binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of Interstate
Commission actions, and upon a majority vote of the compacting states, the Interstate
Commission may issue advisory opinions regarding such meaning of interpretation.
4. In the event any provision of this compact exceeds the constitutional limits imposed
on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction
sought to be conferred by such provision upon the Interstate Commission shall be ineffective
and such obligations, duties, powers, or jurisdiction shall remain in the compacting state
and shall be exercised by the agency thereof to which such obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact becomes effective.
Sec. 25.
Minnesota Statutes 2022, section 260B.176, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Risk-assessment instrument. new text end
new text begin
(a) If a peace officer, probation officer, or
parole officer who takes a child into custody does not release the child according to
subdivision 1, the officer must communicate with or deliver the child to a juvenile secure
detention facility to determine whether the child should be released or detained.
new text end
new text begin
(b) To determine whether a child should be released or detained, a facility's supervisor
must use an objective and racially, ethnically, and gender-responsive juvenile detention
risk-assessment instrument developed by the commissioner of corrections, county, group
of counties, or judicial district, in consultation with the state coordinator or coordinators of
the Minnesota Juvenile Detention Alternative Initiative.
new text end
new text begin
(c) The risk-assessment instrument must:
new text end
new text begin
(1) assess the likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court hearing;
new text end
new text begin
(2) identify the appropriate setting for a child who might endanger others or not return
for a court hearing pending adjudication, with either continued detention or placement in a
noncustodial community-based supervision setting; and
new text end
new text begin
(3) identify the type of noncustodial community-based supervision setting necessary to
minimize the risk that a child who is released from custody will endanger others or not
return for a court hearing.
new text end
new text begin
(d) If, after using the instrument, a determination is made that the child should be released,
the person taking the child into custody or the facility supervisor must release the child
according to subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 15, 2023.
new text end
Sec. 26.
Minnesota Statutes 2022, section 299A.41, subdivision 4, is amended to read:
Subd. 4.
Public safety officer.
"Public safety officer" includes:
(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d);
(2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;
new text begin
(3) a corrections staff person working in a public agency and supervising offenders in
the community as defined in sections 243.05, subdivision 6; 244.19, subdivision 1; and
401.01, subdivision 2;
new text end
deleted text begin (3)deleted text end new text begin (4)new text end an individual employed on a full-time basis by the state or by a fire department
of a governmental subdivision of the state, who is engaged in any of the following duties:
(i) firefighting;
(ii) emergency motor vehicle operation;
(iii) investigation into the cause and origin of fires;
(iv) the provision of emergency medical services; or
(v) hazardous material responder;
deleted text begin (4)deleted text end new text begin (5)new text end a legally enrolled member of a volunteer fire department or member of an
independent nonprofit firefighting corporation who is engaged in the hazards of firefighting;
deleted text begin (5)deleted text end new text begin (6)new text end a good samaritan while complying with the request or direction of a public safety
officer to assist the officer;
deleted text begin (6)deleted text end new text begin (7)new text end a reserve police officer or a reserve deputy sheriff while acting under the
supervision and authority of a political subdivision;
deleted text begin (7)deleted text end new text begin (8)new text end a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;
deleted text begin (8)deleted text end new text begin (9)new text end a first responder who is certified by the emergency medical services regulatory
board to perform basic emergency skills before the arrival of a licensed ambulance service
and who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance; and
deleted text begin (9)deleted text end new text begin (10)new text end a person, other than a state trooper, employed by the commissioner of public
safety and assigned to the State Patrol, whose primary employment duty is either Capitol
security or the enforcement of commercial motor vehicle laws and regulations.
Sec. 27.
Minnesota Statutes 2022, section 629.292, subdivision 2, is amended to read:
Subd. 2.
Procedure on receipt of request.
The request shall be delivered to the
commissioner of corrections or other official designated by the commissioner having custody
of the prisoner, who shall forthwith:
deleted text begin (a)deleted text end new text begin (1)new text end certify the term of commitment under which the prisoner is being held, the time
already served on the sentence, the time remaining to be served, the good time earned, the
time of parole eligibility of the prisoner, and any decisions of the commissioner of corrections
relating to the prisoner; deleted text begin and
deleted text end
deleted text begin (b)deleted text end new text begin (2)new text end send by registered or certified mail, return receipt requested, one copy of the
request and certificate to the court and one copy to the prosecuting attorney to whom it is
addresseddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) send by e-filing and e-serving the paperwork, one copy of the request to the court
and one copy to the prosecuting attorney to whom it is addressed.
new text end
Sec. 28.
new text begin
[641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Placement prohibited. new text end
new text begin
After August 1, 2023, a sheriff shall not allow
inmates committed to the custody of the sheriff who are not on probation, work release, or
some other form of approved release status to be housed in facilities that are not owned and
operated by a local government, or a group of local units of government.
new text end
new text begin Subd. 2. new text end
new text begin Contracts prohibited. new text end
new text begin
(a) Except as provided in paragraph (b), the county
board may not authorize the sheriff to contract with privately owned and operated prisons
for the care, custody, and rehabilitation of offenders committed to the custody of the sheriff.
new text end
new text begin
(b) Nothing in this section prohibits a county board from contracting with privately
owned residential facilities, such as halfway houses, group homes, work release centers, or
treatment facilities, to provide for the care, custody, and rehabilitation of offenders who are
on probation, work release, or some other form of approved release status.
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. 29.
Minnesota Statutes 2022, section 641.15, subdivision 2, is amended to read:
Subd. 2.
Medical aid.
Except as provided in section 466.101, the county board shall
pay the costs of medical services provided to prisoners pursuant to this section. The amount
paid by the county board for a medical service shall not exceed the maximum allowed
medical assistance payment rate for the service, as determined by the commissioner of
human services. In the absence of a health or medical insurance or health plan that has a
contractual obligation with the provider or the prisoner, medical providers shall charge no
higher than the rate negotiated between the county and the provider. In the absence of an
agreement between the county and the provider, the provider may not charge an amount
that exceeds the maximum allowed medical assistance payment rate for the service, as
determined by the commissioner of human services. The county is entitled to reimbursement
from the prisoner for payment of medical bills to the extent that the prisoner to whom the
medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum,
incur co-payment obligations for health care services provided by a county correctional
facility. The county board shall determine the co-payment amount. Notwithstanding any
law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held
by the county, to the extent possible. If there is a disagreement between the county and a
prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant
shall determine the extent, if any, of the prisoner's ability to pay for the medical services.
If a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
other plan. If the county providing the medical services for a prisoner that has coverage
under health or medical insurance or other plan, that county has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The county
does not have a right of subrogation against the medical assistance program.new text begin The county
shall not charge prisoners for telephone calls to MNsure navigators, the Minnesota Warmline,
a mental health provider, or calls for the purpose of providing case management or mental
health services as defined in section 245.462 to prisoners.
new text end
Sec. 30.
Minnesota Statutes 2022, section 641.155, is amended to read:
641.155 DISCHARGE PLANSdeleted text begin ; OFFENDERS WITH SERIOUS AND PERSISTENT
MENTAL ILLNESSdeleted text end .
new text begin Subdivision 1. new text end
new text begin Discharge plans. new text end
The commissioner of corrections shall developnew text begin and
distributenew text end a model discharge planning process for every deleted text begin offender with a serious and persistent
mental illness, as defined in section 245.462, subdivision 20, paragraph (c), who has been
convicted and sentenced to serve three or more months and is being released from adeleted text end county
jail or county regional jail.new text begin The commissioner may specify different model discharge plans
for prisoners who have been detained pretrial and prisoners who have been sentenced to
jail. The commissioner must consult best practices and the most current correctional health
care standards from national accrediting organizations. The commissioner must review and
update the model process as needed.
new text end
new text begin Subd. 2. new text end
new text begin Discharge plans for people with serious and persistent mental illnesses. new text end
deleted text begin An
offenderdeleted text end new text begin A personnew text end with a serious and persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), who has been convicted and sentenced to serve three or more
months and is being released from a county jail or county regional jail shall be referred to
the appropriate staff in the county human services department at least 60 days before being
released. The county human services department deleted text begin may carry out provisions of the model
discharge planning process such asdeleted text end new text begin must complete a discharge plan with the prisoner no
less than 14 days before release that may includenew text end :
(1) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
(2) making a referral for case management as outlined under section 245.467, subdivision
4;
(3) providing assistance in obtaining a state photo identification;
(4) securing a timely appointment with a psychiatrist or other appropriate community
mental health providers; and
(5) providing prescriptions for a 30-day supply of all necessary medications.
new text begin Subd. 3. new text end
new text begin Reentry coordination programs. new text end
new text begin
A county may establish a program to provide
services and assist prisoners with reentering the community. Reentry services may include
but are not limited to:
new text end
new text begin
(1) providing assistance in meeting the basic needs of the prisoner immediately after
release, including but not limited to provisions for transportation, clothing, food, and shelter;
new text end
new text begin
(2) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end
new text begin
(3) providing assistance in obtaining a state photo identification;
new text end
new text begin
(4) providing assistance in obtaining prescriptions for all necessary medications;
new text end
new text begin
(5) coordinating services with the local county services agency or the social services
agency in the county where the prisoner is a resident; and
new text end
new text begin
(6) coordinating services with a community mental health or substance use disorder
provider.
new text end
Sec. 31. new text begin MENTAL HEALTH UNIT PILOT PROGRAM.
new text end
new text begin
(a) The commissioner of corrections shall establish a pilot program with interested
counties to provide mental health care to individuals with serious and persistent mental
illness who are incarcerated in county jails. The pilot program must require the participating
counties to pay according to Minnesota Statutes, section 243.51, a per diem for
reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park
Heights, and other costs incurred by the Department of Corrections.
new text end
new text begin
(b) The commissioner in consultation with the Minnesota Sheriffs' Association shall
develop program protocols, guidelines, and procedures and qualifications for participating
counties and incarcerated individuals to be treated in the Mental Health Unit. The program
is limited to a total of five incarcerated individuals from the participating counties at any
one time. Incarcerated individuals must volunteer to be treated in the unit and be able to
participate in programming with other incarcerated individuals.
new text end
new text begin
(c) The Minnesota Correctional Facility - Oak Park Heights warden, director of
psychology, and associate director of behavioral health, or a designee of each, in consultation
with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
on Mental Illness, and the Department of Human Services, shall oversee the pilot program.
new text end
new text begin
(d) On November 15, 2024, the warden shall submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
corrections describing the protocols, guidelines, and procedures for participation in the pilot
program by counties and incarcerated individuals, challenges with staffing, cost sharing
with counties, capacity of the program, services provided to the incarcerated individuals,
program outcomes, concerns regarding the program, and recommendations for the viability
of a long-term program.
new text end
new text begin
(e) The pilot program expires November 16, 2024.
new text end
Sec. 32. new text begin REVISED FACILITY PLANS.
new text end
new text begin
The commissioner of corrections must direct any juvenile facility licensed by the
commissioner to revise its plan under Minnesota Rules, part 2960.0270, subpart 6, and its
restrictive-procedures plan under Minnesota Rules, part 2960.0710, subpart 2, to be consistent
with Minnesota Statutes, section 241.0215. After receiving notice from the commissioner,
a facility must submit the revised plans to the commissioner within 60 days.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 33. new text begin REGIONAL AND COUNTY JAILS; STUDY AND REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Study. new text end
new text begin
The commissioner of corrections must study and make
recommendations on the consolidation or merger of county jails and alternatives to
incarceration for persons experiencing mental health disorders. The commissioner must
engage and solicit feedback from citizens who live in communities served by facilities that
may be impacted by the commissioner's recommendations for the consolidation or merger
of jails. The commissioner must consult with the following individuals on the study and
recommendations:
new text end
new text begin
(1) county sheriffs;
new text end
new text begin
(2) county and city attorneys who prosecute offenders;
new text end
new text begin
(3) chief law enforcement officers;
new text end
new text begin
(4) administrators of county jail facilities; and
new text end
new text begin
(5) district court administrators.
new text end
new text begin
Each party receiving a request for information from the commissioner under this section
shall provide the requested information in a timely manner.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
The commissioner of corrections must file a report with the chairs and
ranking minority members of the senate and house of representatives committees and
divisions with jurisdiction over public safety and capital investment on the study and
recommendations under subdivision 1 on or before December 1, 2024. The report must, at
a minimum, provide the following information:
new text end
new text begin
(1) the daily average number of offenders incarcerated in each county jail facility:
new text end
new text begin
(i) who are in pretrial detention;
new text end
new text begin
(ii) who cannot afford to pay bail;
new text end
new text begin
(iii) for failure to pay fines and fees;
new text end
new text begin
(iv) for offenses that stem from controlled substance addiction or mental health disorders;
new text end
new text begin
(v) for nonfelony offenses;
new text end
new text begin
(vi) who are detained pursuant to contracts with other authorities; and
new text end
new text begin
(vii) for supervised release and probation violations;
new text end
new text begin
(2) the actual cost of building a new jail facility, purchasing another facility, or repairing
a current facility;
new text end
new text begin
(3) the age of current jail facilities;
new text end
new text begin
(4) county population totals and trends;
new text end
new text begin
(5) county crime rates and trends;
new text end
new text begin
(6) the proximity of current jails to courthouses, probation services, social services,
treatment providers, and work-release employment opportunities;
new text end
new text begin
(7) specific recommendations for alternatives to incarceration for persons experiencing
mental health disorders; and
new text end
new text begin
(8) specific recommendations on the consolidation or merger of county jail facilities
and operations, including:
new text end
new text begin
(i) where consolidated facilities should be located;
new text end
new text begin
(ii) which counties are best suited for consolidation;
new text end
new text begin
(iii) the projected costs of construction, renovation, or purchase of the facility; and
new text end
new text begin
(iv) the projected cost of operating the facility.
new text end
new text begin Subd. 3. new text end
new text begin Evaluation. new text end
new text begin
The commissioner, in consultation with the commissioner of
management and budget, must evaluate the need of any capital improvement project that
requests an appropriation of state capital budget money during an odd-numbered year to
construct a jail facility or for capital improvements to expand the number of incarcerated
offenders at an existing jail facility. The commissioner shall use the report under subdivision
2 to inform the evaluation. The commissioner must submit all evaluations under this
subdivision by January 15 of each even-numbered year to the chairs and ranking minority
members of the senate and house of representatives committees and divisions with jurisdiction
over public safety and capital investment on the study and recommendations under 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. 34. new text begin RULEMAKING.
new text end
new text begin
(a) The commissioner of corrections must amend Minnesota Rules, chapter 2960, to
enforce the requirements under Minnesota Statutes, section 241.0215, including but not
limited to training, facility audits, strip searches, disciplinary room time, time-outs, and
seclusion. The commissioner may amend the rules to make technical changes and ensure
consistency with Minnesota Statutes, section 241.0215.
new text end
new text begin
(b) In amending or adopting rules according to paragraph (a), the commissioner must
use the exempt rulemaking process under Minnesota Statutes, section 14.386.
Notwithstanding Minnesota Statutes, section 14.386, paragraph (b), a rule adopted under
this section is permanent. After the rule is adopted, the authorization to use the exempt
rulemaking process expires.
new text end
new text begin
(c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and
60, or any other law to the contrary, the joint rulemaking authority with the commissioner
of human services does not apply to rule amendments applicable only to the Department of
Corrections. A rule that is amending jointly administered rule parts must be related to
requirements on strip searches, disciplinary room time, time-outs, and seclusion and be
necessary for consistency with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 244.14; and 244.15,
new text end
new text begin
are repealed.
new text end
ARTICLE 12
MINNESOTA REHABILITATION AND REINVESTMENT ACT
Section 1.
Minnesota Statutes 2022, section 244.03, is amended to read:
244.03 REHABILITATIVE PROGRAMS.
new text begin Subdivision 1. new text end
new text begin Commissioner responsibility. new text end
new text begin (a) For individuals committed to the
commissioner's authority, new text end the commissioner deleted text begin shall 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 must develop, implement, and provide, as appropriate:
new text end
new text begin
(1) substance use disorder treatment programs;
new text end
new text begin
(2) sexual offender treatment programming;
new text end
new text begin
(3) domestic abuse programming;
new text end
new text begin
(4) medical and mental health services;
new text end
new text begin
(5) spiritual and faith-based programming;
new text end
new text begin
(6) culturally responsive programming;
new text end
new text begin
(7) vocational, employment and career, and educational programming; and
new text end
new text begin
(8) other rehabilitative programs.
new text end
new text begin
(b) While evidence-based programs must be prioritized, selecting, designing, and
implementing programs under this section are the sole responsibility of the commissioner,
acting within the limitations imposed by the funds appropriated for the programs under this
section.
new text end
new text begin Subd. 2. new text end
new text begin Challenge prohibited. new text end
No action challenging the level of expenditures for
new text begin rehabilitative new text end programs authorized under this section, nor any action challenging the selection,
designnew text begin ,new text end or implementation of these programs, including employee assignments, may be
maintained by an inmate in any court in this state.
new text begin Subd. 3. new text end
new text begin Disciplinary sanctions. new text end
The commissioner may impose disciplinary sanctions
deleted text begin upondeleted text end new text begin onnew text end any inmate who refuses to participate in rehabilitative programs.
Sec. 2.
Minnesota Statutes 2022, section 244.05, subdivision 1b, is amended to read:
Subd. 1b.
Supervised release; deleted text begin offendersdeleted text end new text begin inmatesnew text end 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 deleted text begin shall bedeleted text end new text begin isnew text end equal deleted text begin in length to the amount of time remaining indeleted text end new text begin to one-third ofnew text end the
inmate's new text begin fixed new text end executed sentence deleted text begin after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissionerdeleted text end new text begin , less any disciplinary
confinement period imposed by the commissioner and regardless of any earned incentive
release credit applied toward the individual's term of imprisonment under section 244.44new text end .
(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 segregationdeleted text end new text begin restrictive-housingnew 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.
new text begin
(c) For purposes of this subdivision, "earned incentive release credit" has the meaning
given in section 244.41, subdivision 7.
new text end
Sec. 3.
new text begin
[244.40] MINNESOTA REHABILITATION AND REINVESTMENT ACT.
new text end
new text begin
Sections 244.40 to 244.51 may be cited as the "Minnesota Rehabilitation and
Reinvestment Act."
new text end
Sec. 4.
new text begin
[244.41] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For purposes of the act, the terms defined in this section have the
meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Act. new text end
new text begin
"Act" means the Minnesota Rehabilitation and Reinvestment Act.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of corrections.
new text end
new text begin Subd. 4. new text end
new text begin Correctional facility. new text end
new text begin
"Correctional facility" means a state facility under the
direct operational authority of the commissioner but does not include a commissioner-licensed
local detention facility.
new text end
new text begin Subd. 5. new text end
new text begin Direct-cost per diem. new text end
new text begin
"Direct-cost per diem" 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 food preparation; food provisions;
personal support for incarcerated persons, including clothing, linen, and other personal
supplies; transportation; and professional technical contracted health care services.
new text end
new text begin Subd. 6. new text end
new text begin Earned compliance credit. new text end
new text begin
"Earned compliance credit" means a one-month
reduction from the period during 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 Subd. 7. new text end
new text begin Earned incentive release credit. new text end
new text begin
"Earned incentive release credit" means credit
that is earned and included in calculating an incarcerated person's term of imprisonment for
completing objectives established by their individualized rehabilitation plan under section
244.42.
new text end
new text begin Subd. 8. new text end
new text begin Earned incentive release savings. new text end
new text begin
"Earned incentive release savings" means
the calculation of the direct-cost per diem multiplied by the number of incarcerated days
saved for the period of one fiscal year.
new text end
new text begin Subd. 9. new text end
new text begin Executed sentence. new text end
new text begin
"Executed sentence" means the total period for which an
incarcerated person is committed to the custody of the commissioner.
new text end
new text begin Subd. 10. new text end
new text begin Incarcerated days saved. new text end
new text begin
"Incarcerated days saved" means the number of
days of an incarcerated person's original term of imprisonment 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 Subd. 11. new text end
new text begin Incarcerated person. new text end
new text begin
"Incarcerated person" has the meaning given "inmate"
in section 244.01, subdivision 2.
new text end
new text begin Subd. 12. new text end
new text begin Supervised release. new text end
new text begin
"Supervised release" means the release of an incarcerated
person according to section 244.05.
new text end
new text begin Subd. 13. new text end
new text begin Supervised release term. new text end
new text begin
"Supervised release term" means the period equal
to one-third of the individual's fixed executed sentence, less any disciplinary confinement
period or punitive restrictive-housing confinement imposed under section 244.05, subdivision
1b.
new text end
new text begin Subd. 14. new text end
new text begin Supervision abatement status. new text end
new text begin
"Supervision abatement status" means an end
to active correctional supervision of a supervised individual without effect on the legal
expiration date of the individual's executed sentence less any earned incentive release credit.
new text end
new text begin Subd. 15. new text end
new text begin Term of imprisonment. new text end
new text begin
"Term of imprisonment" has the meaning given in
section 244.01, subdivision 8.
new text end
Sec. 5.
new text begin
[244.42] COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED
REHABILITATION PLAN REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Comprehensive assessment. new text end
new text begin
(a) The commissioner must develop a
comprehensive assessment process for each person who:
new text end
new text begin
(1) is committed to the commissioner's custody and confined in a state correctional
facility on or after January 1, 2025; and
new text end
new text begin
(2) has 365 or more days remaining until the person's scheduled supervised release date
or parole eligibility date.
new text end
new text begin
(b) As part of the assessment process, the commissioner must take into account
appropriate rehabilitative programs under section 244.03.
new text end
new text begin Subd. 2. new text end
new text begin Individualized rehabilitation plan. new text end
new text begin
After completing the assessment process,
the commissioner must ensure the development of an individualized rehabilitation plan,
along with identified goals, for every person committed to the commissioner's custody. The
individualized rehabilitation plan must be holistic in nature by identifying intended outcomes
for addressing:
new text end
new text begin
(1) the incarcerated person's needs and risk factors;
new text end
new text begin
(2) the person's identified strengths; and
new text end
new text begin
(3) available and needed community supports, including victim safety considerations
as required under section 244.47, if applicable.
new text end
new text begin Subd. 3. new text end
new text begin Victim input. new text end
new text begin
(a) If an individual is committed to the commissioner's custody
for a crime listed in section 609.02, subdivision 16, the commissioner must make reasonable
efforts to notify a victim of the opportunity to provide input during the assessment and
rehabilitation plan process. Victim input may include:
new text end
new text begin
(1) a summary of victim concerns relative to release;
new text end
new text begin
(2) concerns related to victim safety during the committed individual's term of
imprisonment; or
new text end
new text begin
(3) requests for imposing victim safety protocols as additional conditions of imprisonment
or supervised release.
new text end
new text begin
(b) The commissioner must consider all victim input statements when developing an
individualized rehabilitation plan and establishing conditions governing confinement or
release.
new text end
new text begin Subd. 4. new text end
new text begin Transition and release plan. new text end
new text begin
For an incarcerated person with less than 365
days remaining until the person's supervised release date, the commissioner, in consultation
with the incarcerated person, must develop a transition and release plan.
new text end
new text begin Subd. 5. new text end
new text begin Scope of act. new text end
new text begin
This act is separate and distinct from other legislatively authorized
release programs, including the challenge incarceration program, work release, conditional
medical release, or the program for the conditional release of nonviolent controlled substance
offenders.
new text end
Sec. 6.
new text begin
[244.43] EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin Subdivision 1. new text end
new text begin Policy for earned incentive release credit; stakeholder consultation. new text end
new text begin
(a)
To encourage and support rehabilitation when consistent with the public interest and public
safety, the commissioner must establish a policy providing for earned incentive release
credit as a part of the term of imprisonment. The policy must be established in consultation
with the following organizations:
new text end
new text begin
(1) Minnesota County Attorneys Association;
new text end
new text begin
(2) Minnesota Board of Public Defense;
new text end
new text begin
(3) Minnesota Association of Community Corrections Act Counties;
new text end
new text begin
(4) Minnesota Indian Women's Sexual Assault Coalition;
new text end
new text begin
(5) Violence Free Minnesota;
new text end
new text begin
(6) Minnesota Coalition Against Sexual Assault;
new text end
new text begin
(7) Minnesota Alliance on Crime;
new text end
new text begin
(8) Minnesota Sheriffs' Association;
new text end
new text begin
(9) Minnesota Chiefs of Police Association;
new text end
new text begin
(10) Minnesota Police and Peace Officers Association; and
new text end
new text begin
(11) faith-based organizations that reflect the demographics of the incarcerated population.
new text end
new text begin
(b) The policy must:
new text end
new text begin
(1) provide circumstances upon which an incarcerated person may receive earned
incentive release credits, including participation in rehabilitative programming under section
244.03; and
new text end
new text begin
(2) address circumstances where:
new text end
new text begin
(i) the capacity to provide rehabilitative programming in the correctional facility is
diminished but the programming is available in the community; and
new text end
new text begin
(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
could be considered for earned incentive release credit.
new text end
new text begin Subd. 2. new text end
new text begin Policy on disparities. new text end
new text begin
The commissioner must develop a policy establishing a
process for assessing and addressing any systemic and programmatic gender and racial
disparities that may be identified when awarding earned incentive release credits.
new text end
Sec. 7.
new text begin
[244.44] APPLYING EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin
Earned incentive release credits are included in calculating the term of imprisonment
but are not added to the person's supervised release term, the total length of which remains
unchanged. The maximum amount of earned incentive release credit that can be earned and
subtracted from the term of imprisonment is 17 percent of the total executed sentence.
Earned credit cannot reduce the term of imprisonment to less than one-half of the incarcerated
person's executed sentence. Once earned, earned incentive release credits are nonrevocable.
new text end
Sec. 8.
new text begin
[244.45] INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin
The following individuals are ineligible for earned incentive release credit:
new text end
new text begin
(1) those serving life sentences;
new text end
new text begin
(2) those given indeterminate sentences for crimes committed on or before April 30,
1980; or
new text end
new text begin
(3) those subject to good time under section 244.04 or similar laws.
new text end
Sec. 9.
new text begin
[244.46] EARNED COMPLIANCE CREDIT AND SUPERVISION
ABATEMENT STATUS.
new text end
new text begin Subdivision 1. new text end
new text begin
Adopting policy for earned compliance credit; supervision abatement
status.
new text end
new text begin
(a) The commissioner must adopt a policy providing for earned compliance credit.
new text end
new text begin
(b) Except as otherwise provided in the act, once the time served on active supervision
plus earned compliance credits equals the total length of the supervised release term, the
commissioner must place the individual on supervision abatement status for the remainder
of the supervised release term.
new text end
new text begin Subd. 2. new text end
new text begin Violating conditions of release; commissioner action. new text end
new text begin
If an individual violates
the conditions of release while on supervision abatement status, the commissioner may:
new text end
new text begin
(1) return the individual to active supervision for the remainder of the supervised release
term, with or without modifying the conditions of release; or
new text end
new text begin
(2) revoke the individual's supervised release in accordance with section 244.05,
subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Supervision abatement status; requirements. new text end
new text begin
A person who is placed on
supervision abatement status under this section must not be required to regularly report to
a supervised release agent or pay a supervision fee but must continue to:
new text end
new text begin
(1) obey all laws;
new text end
new text begin
(2) report any new criminal charges; and
new text end
new text begin
(3) abide by section 243.1605 before seeking written authorization to relocate to another
state.
new text end
new text begin Subd. 4. new text end
new text begin Applicability. new text end
new text begin
This section does not apply to individuals:
new text end
new text begin
(1) serving life sentences;
new text end
new text begin
(2) given indeterminate sentences for crimes committed on or before April 30, 1980; or
new text end
new text begin
(3) subject to good time under section 244.04 or similar laws.
new text end
Sec. 10.
new text begin
[244.47] VICTIM INPUT.
new text end
new text begin Subdivision 1. new text end
new text begin Notifying victim; victim input. new text end
new text begin
(a) If an individual is committed to the
custody of the commissioner for a crime listed in section 609.02, subdivision 16, and is
eligible for earned incentive release credit, the commissioner must make reasonable efforts
to notify the victim that the committed individual is eligible for earned incentive release
credit.
new text end
new text begin
(b) Victim input may include:
new text end
new text begin
(1) a summary of victim concerns relative to eligibility of earned incentive release credit;
new text end
new text begin
(2) concerns related to victim safety during the committed individual's term of
imprisonment; or
new text end
new text begin
(3) requests for imposing victim safety protocols as additional conditions of imprisonment
or supervised release.
new text end
new text begin Subd. 2. new text end
new text begin Victim input statements. new text end
new text begin
The commissioner must consider victim input
statements when establishing requirements governing conditions of release. The
commissioner must 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
credit.
new text end
Sec. 11.
new text begin
[244.48] VICTIM NOTIFICATION.
new text end
new text begin
Nothing in this act limits any victim notification obligations of the commissioner required
by statute related to a change in custody status, committing offense, end-of-confinement
review, or notification registration.
new text end
Sec. 12.
new text begin
[244.49] INTERSTATE COMPACT.
new text end
new text begin
(a) This section applies to a person serving a Minnesota sentence while being supervised
in another state according to the Interstate Compact for Adult Supervision.
new text end
new text begin
(b) As may be allowed under section 243.1605, a person may be eligible for supervision
abatement status according to the act only if they meet eligibility criteria for earned
compliance credit as established under section 244.46.
new text end
Sec. 13.
new text begin
[244.50] REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishing 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 must be expended
in accordance with the allocation established in subdivision 4 after the requirements of
subdivision 2 are met. Funds in the account are available until expended.
new text end
new text begin Subd. 2. new text end
new text begin Certifying earned incentive release savings. new text end
new text begin
On or before the final closeout
date of each fiscal year, the commissioner must certify to Minnesota Management and
Budget the earned incentive release savings from the previous fiscal year. The commissioner
must provide the detailed calculation substantiating the savings amount, including
accounting-system-generated data where possible, supporting the direct-cost per diem and
the incarcerated days saved.
new text end
new text begin Subd. 3. new text end
new text begin Savings to be transferred to reallocation revenue account. new text end
new text begin
After the
certification in subdivision 2 is completed, the commissioner must transfer funds from the
appropriation from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 4. Transfers must occur by September 1 each year.
new text end
new text begin Subd. 4. new text end
new text begin Distributing reallocation funds. new text end
new text begin
The commissioner must distribute funds as
follows:
new text end
new text begin
(1) 25 percent must 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 must 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 must be transferred to the Department of Corrections for:
new text end
new text begin
(i) grants to develop and invest in community-based services that support the identified
needs of correctionally involved individuals or individuals at risk of becoming involved in
the criminal justice system; and
new text end
new text begin
(ii) sustaining the operation of evidence-based programming in state and local correctional
facilities; and
new text end
new text begin
(4) 25 percent must be transferred to the general fund.
new text end
Sec. 14.
new text begin
[244.51] REPORTING REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Annual report required. new text end
new text begin
(a) Beginning January 15, 2026, and by January
15 each year thereafter for ten years, the commissioner must 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.
new text end
new text begin
(b) For the 2026 report, the commissioner must report on implementing the requirements
in this act. Starting with the 2027 report, the commissioner must report on the status of the
requirements in this act for the previous fiscal year.
new text end
new text begin
(c) Each report must 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 Attorneys Association.
new text end
new text begin
(d) The report must include but not be limited to:
new text end
new text begin
(1) a qualitative description of policy development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and ensure that
the act does not create or exacerbate gender, racial, and ethnic disparities; and proposed
mechanisms for projecting future savings and reallocation of savings;
new text end
new text begin
(2) the number of persons who were granted earned incentive release credit, the total
number of days of incentive release earned, a summary of committing offenses for those
persons who earned incentive release credit, a summary of earned incentive release savings,
and the demographic data for all persons eligible for earned incentive release credit and the
reasons and demographic data of those eligible persons for whom earned incentive release
credit 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 persons 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;
new text end
new text begin
(4) the number of persons deemed ineligible to receive earned incentive release credits
and supervise abatement and the demographic data for the persons; and
new text end
new text begin
(5) 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 Subd. 2. new text end
new text begin Soliciting feedback. new text end
new text begin
(a) The commissioner must solicit feedback on
victim-related operational concerns from the Minnesota Indian Women's Sexual Assault
Coalition, Minnesota Alliance on Crime, Minnesota Coalition Against Sexual Assault, and
Violence Free Minnesota.
new text end
new text begin
(b) The feedback should relate to applying earned incentive release credit and supervision
abatement status options. A summary of the feedback from the organizations must be
included in the annual report.
new text end
new text begin Subd. 3. new text end
new text begin Evaluating earned incentive release credit and act. new text end
new text begin
The commissioner must
direct the Department of Corrections' research unit to regularly evaluate earned incentive
release credits and other provisions of the act. The findings must be published on the
Department of Corrections' website and in the annual report.
new text end
Sec. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 14 are effective August 1, 2023.
new text end
ARTICLE 13
FIREARMS BACKGROUND CHECKS
Section 1.
Minnesota Statutes 2022, section 624.7131, is amended to read:
624.7131 TRANSFEREE PERMIT; PENALTY.
Subdivision 1.
Information.
Any person may apply for a transferee permit by providing
the following information in writing to the chief of police of an organized full time police
department of the municipality in which the person resides or to the county sheriff if there
is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1; and
(4) a statement by the proposed transferee that the proposed transferee is not prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
The statements shall be signed and dated by the person applying for a permit. At the
time of application, the local police authority shall provide the applicant with a dated receipt
for the application. The statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect
to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2.
Investigation.
The chief of police or sheriff shall check criminal histories,
records and warrant information relating to the applicant through the Minnesota Crime
Information System, the national criminal record repository, and the National Instant Criminal
Background Check System. The chief of police or sheriff shall also make a reasonable effort
to check other available state and local record-keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of human services as provided
in section 245.041.
Subd. 3.
Forms.
Chiefs of police and sheriffs shall make transferee permit application
forms available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with application for or issuance of a
transferee permit.
Subd. 4.
Grounds for disqualification.
deleted text begin A determination bydeleted text end new text begin (a)new text end The chief of police or
sheriff deleted text begin thatdeleted text end new text begin shall refuse to grant a transferee permit ifnew text end the applicant isnew text begin : (1)new text end prohibited by
deleted text begin section 624.713deleted text end new text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style
assault weapon deleted text begin shall be the only basis for refusal to grant a transferee permitdeleted text end new text begin ; (2) determined
to be a danger to self or the public when in possession of firearms under paragraph (b)new text end new text begin ; or
(3) listed in the criminal gang investigative data system under section 299C.091new text end .
new text begin
(b) A chief of police or sheriff shall refuse to grant a permit to a person if there exists a
substantial likelihood that the applicant is a danger to self or the public when in possession
of a firearm. To deny the application pursuant to paragraph (a), clause (2), the chief of police
or sheriff must provide the applicant with written notification and the specific factual basis
justifying the denial, including the source of the factual basis. The chief of police or sheriff
must inform the applicant of the applicant's right to submit, within 20 business days, any
additional documentation relating to the propriety of the denial. Upon receiving any additional
documentation, the chief of police or sheriff must reconsider the denial and inform the
applicant within 15 business days of the result of the reconsideration. Any denial after
reconsideration must be in the same form and substance as the original denial and must
specifically address any continued deficiencies in light of the additional documentation
submitted by the applicant. The applicant must be informed of the right to seek de novo
review of the denial as provided in subdivision 8.
new text end
new text begin
(c) A person is not eligible to submit a permit application under this section if the person
has had an application denied pursuant to paragraph (b) and less than six months have
elapsed since the denial was issued or the person's appeal under subdivision 8 was denied,
whichever is later.
new text end
new text begin
(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff with
joint jurisdiction over the proposed transferee's residence.
new text end
Subd. 5.
Granting of permits.
new text begin (a) new text end The chief of police or sheriff shall issue a transferee
permit or deny the application within deleted text begin sevendeleted text end new text begin 30new text end days of application for the permit.
new text begin (b) In the case of a denial,new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.
new text begin (c)new text end The permits and their renewal shall be granted free of charge.
Subd. 6.
Permits valid statewide.
Transferee permits issued pursuant to this section are
valid statewide and shall expire after one year. A transferee permit may be renewed in the
same manner and subject to the same provisions by which the original permit was obtained,
except that all renewed permits must comply with the standards adopted by the commissioner
under section 624.7151. Permits issued pursuant to this section are not transferable. A person
who transfers a permit in violation of this subdivision is guilty of a misdemeanor.
Subd. 7.
Permit voidednew text begin ; revocationnew text end .
new text begin (a) new text end The transferee permit shall be void at the time
that the holder becomes prohibited from possessing new text begin or receiving new text end a pistol under section
624.713, in which event the holder shall return the permit within five days to the issuing
authority. new text begin If the chief law enforcement officer who issued the permit has knowledge that
the permit holder is ineligible to possess firearms, the chief law enforcement officer must
revoke the permit and give notice to the holder in writing. new text end Failure of the holder to return
the permit within the five days new text begin of learning that the permit is void or revoked new text end is a new text begin gross
new text end misdemeanor unless the court finds that the circumstances or the physical or mental condition
of the permit holder prevented the holder from complying with the return requirement.
new text begin
(b) When a permit holder receives a court disposition that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing law enforcement agency. If the permit holder does not have the
permit when the court imposes a firearm prohibition, the permit holder must surrender the
permit to the assigned probation officer, if applicable. When a probation officer is assigned
upon disposition of the case, the court shall inform the probation agent of the permit holder's
obligation to surrender the permit. Upon surrender, the probation officer must send the
permit to the issuing law enforcement agency. If a probation officer is not assigned to the
permit holder, the holder shall surrender the permit as provided for in paragraph (a).
new text end
Subd. 8.
Hearing upon denial.
new text begin (a)new text end Any person aggrieved by denial of a transferee permit
may appeal deleted text begin the denial to the district court having jurisdiction over the county or municipality
deleted text end deleted text begin in which the denial occurred.deleted text end new text begin by petition to the district court having jurisdiction over the
county or municipality where the application was submitted. The petition must list the
applicable chief of police or sheriff as the respondent. The district court must hold a hearing
at the earliest practicable date and in any event no later than 60 days following the filing of
the petition for review. The court may not grant or deny any relief before the completion
of the hearing. The record of the hearing must be sealed. The matter must be heard de novo
without a jury.
new text end
new text begin
(b) The court must issue written findings of fact and conclusions of law regarding the
issues submitted by the parties. The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the chief of police or sheriff
establishes by clear and convincing evidence that:
new text end
new text begin
(1) the applicant is disqualified from possessing a firearm under state or federal law;
new text end
new text begin
(2) there exists a substantial likelihood that the applicant is a danger to self or the public
when in possession of a firearm. Incidents of alleged criminal misconduct that are not
investigated and documented may not be considered; or
new text end
new text begin
(3) the applicant is listed in the criminal gang investigative data system under section
299C.091.
new text end
new text begin
(c) If an application is denied because the proposed transferee is listed in the criminal
gang investigative data system under section 299C.091, the applicant may challenge the
denial, after disclosure under court supervision of the reason for that listing, based on grounds
that the person:
new text end
new text begin
(1) was erroneously identified as a person in the data system;
new text end
new text begin
(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or
new text end
new text begin
(3) has demonstrably withdrawn from the activities and associations that led to inclusion
in the data system.
new text end
Subd. 9.
Permit to carry.
A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and deleted text begin sectiondeleted text end new text begin sectionsnew text end 624.7132new text begin
and 624.7134new text end .
Subd. 10.
Transfer report not required.
A person who transfers a pistol or
semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit
issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714
is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
Subd. 11.
Penalty.
A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a deleted text begin gross
misdemeanordeleted text end new text begin felonynew text end .
Subd. 12.
Local regulation.
This section shall be construed to supersede municipal or
county regulation of the issuance of transferee permits.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2022, section 624.7132, is amended to read:
624.7132 REPORT OF TRANSFER.
Subdivision 1.
Required information.
Except as provided in this section and section
624.7131, every person who agrees to transfer a pistol or semiautomatic military-style
assault weapon shall report the following information in writing to the chief of police of
the organized full-time police department of the municipality where the proposed transferee
resides or to the appropriate county sheriff if there is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or
nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical
characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police
authority of commitment information about the proposed transferee maintained by the
commissioner of human services, to the extent that the information relates to the proposed
transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon
under section 624.713, subdivision 1;
(4) a statement by the proposed transferee that the transferee is not prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(5) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The
report shall be delivered by the transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding weekends and legal holidays.
The statement under clause (3) must comply with any applicable requirements of Code of
Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of
alcohol or drug abuse patient records.
Subd. 2.
Investigation.
Upon receipt of a transfer report, the chief of police or sheriff
shall check criminal histories, records and warrant information relating to the proposed
transferee through the Minnesota Crime Information System, the national criminal record
repository, and the National Instant Criminal Background Check System. The chief of police
or sheriff shall also make a reasonable effort to check other available state and local
record-keeping systems. The chief of police or sheriff shall obtain commitment information
from the commissioner of human services as provided in section 245.041.
Subd. 3.
Notification.
The chief of police or sheriff shall notify the transferor and
proposed transferee in writing as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon. The notification to the transferee shall specify
the grounds for the disqualification of the proposed transferee and shall set forth in detail
the transferee's right of appeal under subdivision 13.
Subd. 4.
Delivery.
Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee
until deleted text begin five businessdeleted text end new text begin 30new text end days after the date the agreement to transfer is delivered to a chief of
police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives
all or a portion of the deleted text begin seven-daydeleted text end waiting period. The chief of police or sheriff may waive
all or a portion of the deleted text begin five business daydeleted text end waiting period in writing if the chief of police or
sheriffnew text begin : (1) determines the proposed transferee is not disqualified prior to the waiting period
concluding; or (2)new text end finds that the transferee requires access to a pistol or semiautomatic
military-style assault weapon because of a threat to the life of the transferee or of any member
of the household of the transferee. new text begin Prior to modifying the waiting period under the authority
granted in clause (2), the chief of police or sheriff must first determine that the proposed
transferee is not prohibited from possessing a firearm under state or federal law.
new text end
No person shall deliver a pistol or semiautomatic military-style assault weapon to a
proposed transferee after receiving a written notification that the chief of police or sheriff
has determined that the proposed transferee is prohibited by section 624.713 from possessing
a pistol or semiautomatic military-style assault weapon.
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within deleted text begin fivedeleted text end new text begin 30new text end business days after delivery of the
agreement to transfer, the pistol or semiautomatic military-style assault weapon may be
delivered to the transfereenew text begin , unless the transferor knows the transferee is ineligible to possess
a pistol or semiautomatic military-style assault weaponnew text end .
Subd. 5.
Grounds for disqualification.
deleted text begin A determination bydeleted text end new text begin (a)new text end The chief of police or
sheriff deleted text begin thatdeleted text end new text begin shall deny an application ifnew text end the proposed transferee isnew text begin : (1)new text end prohibited by deleted text begin section
624.713deleted text end new text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text begin shall be the sole basis for a notification of disqualification under this sectiondeleted text end new text begin ; (2)
determined to be a danger to self or the public when in possession of firearms under paragraph
(b)new text end new text begin ; or (3) listed in the criminal gang investigative data system under section 299C.091new text end .
new text begin
(b) A chief of police or sheriff shall deny an application if there exists a substantial
likelihood that the proposed transferee is a danger to self or the public when in possession
of a firearm. To deny the application under this paragraph, the chief of police or sheriff
must provide the applicant with written notification and the specific factual basis justifying
the denial, including the source of the factual basis. The chief of police or sheriff must
inform the applicant of the applicant's right to submit, within 20 business days, any additional
documentation relating to the propriety of the denial. Upon receiving any additional
documentation, the chief of police or sheriff must reconsider the denial and inform the
applicant within 15 business days of the result of the reconsideration. Any denial after
reconsideration must be in the same form and substance as the original denial and must
specifically address any continued deficiencies in light of the additional documentation
submitted by the applicant. The applicant must be informed of the right to seek de novo
review of the denial as provided in subdivision 13.
new text end
new text begin
(c) A chief of police or sheriff need not process an application under this section if the
person has had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision 13 was
denied, whichever is later.
new text end
new text begin
(d) A chief of police or sheriff who denies an application pursuant to paragraph (b) must
provide a copy of the notice of disqualification to the chief of police or sheriff with joint
jurisdiction over the applicant's residence.
new text end
Subd. 6.
Transferee permit.
If a chief of police or sheriff deleted text begin determines that a transferee
is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapondeleted text end new text begin does not deny a proposed transferee's application under
subdivision 5new text end , the transferee may, within 30 days after the determination, apply to that chief
of police or sheriff for a transferee permit, and the permit shall be issued.
Subd. 8.
Report not required.
If the proposed transferee presents a valid transferee
permit issued under section 624.7131 or a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report.
Subd. 9.
Number of pistols or semiautomatic military-style assault weapons.
Any
number of pistols or semiautomatic military-style assault weapons may be the subject of a
single transfer agreement and report to the chief of police or sheriff. Nothing in this section
or section 624.7131 shall be construed to limit or restrict the number of pistols or
semiautomatic military-style assault weapons a person may acquire.
Subd. 10.
Restriction on records.
new text begin Except as provided for in section 624.7134, subdivision
3, paragraph (e),new text end if, after a determination that the transferee is not a person prohibited by
section 624.713 from possessing a pistol or semiautomatic military-style assault weapon,
a transferee requests that no record be maintained of the fact of who is the transferee of a
pistol or semiautomatic military-style assault weapon, the chief of police or sheriff shall
sign the transfer report and return it to the transferee as soon as possible. Thereafter, no
government employee or agency shall maintain a record of the transfer that identifies the
transferee, and the transferee shall retain the report of transfer.
Subd. 11.
Forms; cost.
Chiefs of police and sheriffs shall make transfer report forms
available throughout the community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act performed or materials provided by
a government employee or agency in connection with a transfer.
Subd. 12.
Exclusions.
Except as otherwise provided in section 609.66, subdivision 1f,
this section shall not apply to transfers of antique firearms as curiosities or for their historical
significance or value, transfers to or between federally licensed firearms dealers, transfers
by order of court, involuntary transfers, transfers at death or the following transfers:
(1) a transfer by a person other than a federally licensed firearms dealer;
(2) a loan to a prospective transferee if the loan is intended for a period of no more than
one day;
(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person
for the purpose of repair, reconditioning or remodeling;
(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety
with a pistol and approved by the commissioner of natural resources;
(5) a loan between persons at a firearms collectors exhibition;
(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is
intended for a period of no more than 12 hours;
(7) a loan between law enforcement officers who have the power to make arrests other
than citizen arrests; and
(8) a loan between employees or between the employer and an employee in a business
if the employee is required to carry a pistol or semiautomatic military-style assault weapon
by reason of employment and is the holder of a valid permit to carry a pistol.
Subd. 13.
Appeal.
new text begin (a)new text end A person aggrieved by the determination of a chief of police or
sheriff deleted text begin that the person is prohibited by section deleted text end deleted text begin from possessing a pistol or
semiautomatic deleted text end deleted text begin military-style assault weapon may appeal the determination as provided in
this subdivision. deleted text end deleted text begin The district court shall have jurisdiction of proceedings under this
subdivision.deleted text end new text begin under subdivision 5 may appeal by petition to the district court having
jurisdiction over the county or municipality where the application was submitted. The
petition must list the applicable chief of police or sheriff as the respondent. The district
court must hold a hearing at the earliest practicable date and in any event no later than 60
days following the filing of the petition for review. The court may not grant or deny any
relief before the completion of the hearing. The record of the hearing must be sealed. The
matter must be heard de novo without a jury.
new text end
deleted text begin
On review pursuant to this subdivision, the court shall be limited to a determination of
deleted text end
deleted text begin
whether the proposed transferee is a person prohibited from possessing a pistol or
deleted text end
deleted text begin
semiautomatic military-style assault weapon by section
deleted text end
deleted text begin
.
deleted text end
new text begin
(b) The court must issue written findings of fact and conclusions of law regarding the
issues submitted by the parties. The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the chief of police or sheriff
establishes by clear and convincing evidence that:
new text end
new text begin
(1) the applicant is disqualified under state or federal law from possession of firearms;
new text end
new text begin
(2) there exists a substantial likelihood that the applicant is a danger to self or the public
when in possession of a firearm. Incidents of alleged criminal misconduct that are not
investigated and documented may not be considered; or
new text end
new text begin
(3) the applicant is listed in the criminal gang investigative data system under section
299C.091.
new text end
new text begin
(c) If an application is denied because the proposed transferee is listed in the criminal
gang investigative data system under section 299C.091, the proposed transferee may
challenge the denial, after disclosure under court supervision of the reason for that listing,
based on grounds that the person:
new text end
new text begin
(1) was erroneously identified as a person in the data system;
new text end
new text begin
(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or
new text end
new text begin
(3) has demonstrably withdrawn from the activities and associations that led to inclusion
in the data system.
new text end
deleted text begin Subd. 14. deleted text end
deleted text begin Transfer to unknown party. deleted text end
deleted text begin
(a) No person shall transfer a pistol or
semiautomatic military-style assault weapon to another who is not personally known to the
transferor unless the proposed transferee presents evidence of identity to the transferor.
deleted text end
deleted text begin
(b) No person who is not personally known to the transferor shall become a transferee
of a pistol or semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
deleted text end
deleted text begin
(c) The evidence of identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the authority of
deleted text end
deleted text begin
the United States government, a state, a political subdivision of a state, a foreign government,
a political subdivision of a foreign government, an international governmental or an
international quasi-governmental organization; and must be of a type commonly accepted
for the purpose of identification of individuals.
deleted text end
deleted text begin
(d) A person who becomes a transferee of a pistol or semiautomatic military-style assault
weapon in violation of this subdivision is guilty of a misdemeanor.
deleted text end
Subd. 15.
Penalties.
(a) Except as otherwise provided in paragraph (b), a person who
does any of the following is guilty of a gross misdemeanor:
(1) transfers a pistol or semiautomatic military-style assault weapon in violation of
subdivisions 1 to 13;
(2) transfers a pistol or semiautomatic military-style assault weapon to a person who
has made a false statement in order to become a transferee, if the transferor knows or has
reason to know the transferee has made the false statement;
(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
(4) makes a false statement in order to become a transferee of a pistol or semiautomatic
military-style assault weapon knowing or having reason to know the statement is false.
(b) A person who does either of the following is guilty of a felony:
(1) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 in violation of subdivisions 1 to 13; or
(2) transfers a pistol or semiautomatic military-style assault weapon to a person under
the age of 18 who has made a false statement in order to become a transferee, if the transferor
knows or has reason to know the transferee has made the false statement.
Subd. 16.
Local regulation.
This section shall be construed to supersede municipal or
county regulation of the transfer of pistols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
new text begin
[624.7134] PRIVATE PARTY TRANSFERS; BACKGROUND CHECK
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings provided in this subdivision.
new text end
new text begin
(b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a).
new text end
new text begin
(c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.
new text end
new text begin
(d) "Unlicensed person" means a person who does not hold a license under United States
Code, title 18, section 923(a).
new text end
new text begin Subd. 2. new text end
new text begin Background check and evidence of identity. new text end
new text begin
An unlicensed person is prohibited
from transferring a pistol or semiautomatic military-style assault weapon to any other
unlicensed person, unless: (1) the transfer is made through a firearms dealer as provided
for in subdivision 3; or (2) the transferee presents a valid transferee permit issued under
section 624.7131 and a current state or federally issued identification.
new text end
new text begin Subd. 3. new text end
new text begin Background check conducted by federally licensed firearms dealer. new text end
new text begin
(a)
Where both parties to a prospective transfer of a pistol or semiautomatic military-style
assault weapon are unlicensed persons, the transferor and transferee may appear jointly
before a federally licensed firearms dealer with the firearm and request that the federally
licensed firearms dealer conduct a background check on the transferee and facilitate the
transfer.
new text end
new text begin
(b) Except as otherwise provided in this section, a federally licensed firearms dealer
who agrees to facilitate a transfer under this section shall:
new text end
new text begin
(1) process the transfer as though transferring the firearm from the dealer's inventory to
the transferee; and
new text end
new text begin
(2) comply with all requirements of federal and state law that would apply if the firearms
dealer were making the transfer, including at a minimum all background checks and record
keeping requirements. The exception to the report of transfer process in section 624.7132,
subdivision 12, clause (1), does not apply to transfers completed under this subdivision.
new text end
new text begin
(c) If the transferee is prohibited by federal law from purchasing or possessing the firearm
or not entitled under state law to possess the firearm, neither the federally licensed firearms
dealer nor the transferor shall transfer the firearm to the transferee.
new text end
new text begin
(d) Notwithstanding any other law to the contrary, this section shall not prevent the
transferor from:
new text end
new text begin
(1) removing the firearm from the premises of the federally licensed firearms dealer, or
the gun show or event where the federally licensed firearms dealer is conducting business,
as applicable, while the background check is being conducted, provided that the transferor
must return to the federally licensed firearms dealer with the transferee before the transfer
takes place, and the federally licensed firearms dealer must take possession of the firearm
in order to complete the transfer; and
new text end
new text begin
(2) removing the firearm from the business premises of the federally licensed firearms
dealer if the results of the background check indicate the transferee is prohibited by federal
law from purchasing or possessing the firearm or not entitled under state law to possess the
firearm.
new text end
new text begin
(e) A transferee who consents to participate in a transfer under this subdivision is not
entitled to have the transfer report returned as provided for in section 624.7132, subdivision
10.
new text end
new text begin
(f) A firearms dealer may charge a reasonable fee for conducting a background check
and facilitating a transfer between the transferor and transferee pursuant to this section.
new text end
new text begin Subd. 4. new text end
new text begin Record of transfer; required information. new text end
new text begin
(a) Unless a transfer is made
through a firearms dealer as provided for in subdivision 3, when two unlicensed persons
complete the transfer of a pistol or semiautomatic military-style assault weapon, the transferor
and transferee must complete a record of transfer on a form designed and made publicly
available without fee for this purpose by the superintendent of the Bureau of Criminal
Apprehension. Each page of the record of transfer must be signed and dated by the transferor
and the transferee and contain the serial number of the pistol or semiautomatic military-style
assault weapon.
new text end
new text begin
(b) The record of transfer must contain the following information:
new text end
new text begin
(1) a clear copy of each person's current state or federally issued identification;
new text end
new text begin
(2) a clear copy of the transferee permit presented by the transferee; and
new text end
new text begin
(3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.
new text end
new text begin
(c) The record of transfer must also contain the following information regarding the
transferred pistol or semiautomatic military-style assault weapon:
new text end
new text begin
(1) the type of pistol or semiautomatic military-style assault weapon;
new text end
new text begin
(2) the manufacturer, make, and model of the pistol or semiautomatic military-style
assault weapon; and
new text end
new text begin
(3) the pistol or semiautomatic military-style assault weapon's manufacturer-assigned
serial number.
new text end
new text begin
(d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer for 10 years from the date of the transfer. A
copy in digital form shall be acceptable for the purposes of this paragraph.
new text end
new text begin Subd. 5. new text end
new text begin Compulsory production of a record of transfer; misdemeanor penalty. new text end
new text begin
(a)
Unless a transfer was completed under subdivision 3, the transferor and transferee of a pistol
or semiautomatic military-style assault weapon transferred under subdivision 4 must produce
the record of transfer when a peace officer requests the record as part of a criminal
investigation.
new text end
new text begin
(b) A person who refuses or is unable to produce a record of transfer for a firearm
transferred under this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a misdemeanor. A prosecution or conviction for
violation of this subdivision is not a bar to conviction of, or punishment for, any other crime
committed involving the transferred firearm.
new text end
new text begin Subd. 6. new text end
new text begin Immunity. new text end
new text begin
A person is immune to a charge of violating this section if the person
presents a record of transfer that satisfies the requirements of subdivision 4.
new text end
new text begin Subd. 7. new text end
new text begin Exclusions. new text end
new text begin
(a) This section shall not apply to the following transfers:
new text end
new text begin
(1) a transfer by or to a federally licensed firearms dealer;
new text end
new text begin
(2) a transfer by or to any law enforcement agency;
new text end
new text begin
(3) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:
new text end
new text begin
(i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
new text end
new text begin
(ii) a member of the United States armed forces, the National Guard, or the Reserves of
the United States armed forces;
new text end
new text begin
(iii) a federal law enforcement officer; or
new text end
new text begin
(iv) a security guard employed by a protective agent licensed pursuant to chapter 326;
new text end
new text begin
(4) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, children, siblings, grandparents, and
grandchildren;
new text end
new text begin
(5) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end
new text begin
(6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end
new text begin
(7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end
new text begin
(8) the temporary transfer of a firearm if:
new text end
new text begin
(i) the transfer is necessary to prevent imminent death or great bodily harm; and
new text end
new text begin
(ii) the person's possession lasts only as long as immediately necessary to prevent such
imminent death or great bodily harm;
new text end
new text begin
(9) transfers by or to an auctioneer who is in compliance with chapter 330 and acting in
the person's official role as an auctioneer to facilitate or conduct an auction of the firearm;
and
new text end
new text begin
(10) a temporary transfer if the transferee's possession of the firearm following the
transfer is only:
new text end
new text begin
(i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end
new text begin
(ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end
new text begin
(iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping;
new text end
new text begin
(iv) at a lawfully organized educational or instructional course and under the direct
supervision of a certified instructor, as that term is defined in section 624.714, subdivision
2a, paragraph (d); or
new text end
new text begin
(v) while in the actual presence of the transferor.
new text end
new text begin
(b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:
new text end
new text begin
(1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms;
new text end
new text begin
(2) if the transferee is under 18 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms; or
new text end
new text begin
(3) that the transferee will use or intends to use the firearm in the commission of a crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
ARTICLE 14
EXTREME RISK PROTECTION ORDERS
Section 1.
Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:
Subdivision 1.
Ineligible persons.
The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;
(vii) has renounced the person's citizenship having been a citizen of the United States;
or
(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state;
(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); deleted text begin or
deleted text end
(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g)new text begin ; or
new text end
new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7172 or 624.7174new text end .
A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.
Sec. 2.
new text begin
[624.7171] EXTREME RISK PROTECTION ORDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in sections 624.7171 to 624.7178, the following
terms have the meanings given.
new text end
new text begin
(b) "Family or household members" means:
new text end
new text begin
(1) spouses and former spouses of the respondent;
new text end
new text begin
(2) parents and children of the respondent;
new text end
new text begin
(3) persons who are presently residing with the respondent; or
new text end
new text begin
(4) a person involved in a significant romantic or sexual relationship with the respondent.
new text end
new text begin
In determining whether persons are in a significant romantic or sexual relationship under
clause (4), the court shall consider the length of time of the relationship; type of relationship;
and frequency of interaction between the parties.
new text end
new text begin
(c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
new text end
new text begin
(d) "Mental health professional" has the meaning given in section 245I.02, subdivision
27.
new text end
new text begin Subd. 2. new text end
new text begin Court jurisdiction. new text end
new text begin
(a) An application for relief under sections 624.7172 and
624.7174 may be filed in the county of residence of the respondent except as provided for
in paragraph (b). Actions under sections 624.7172 and 624.7174 shall be given docket
priorities by the court.
new text end
new text begin
(b) At the time of filing, a petitioner may request that the court allow the petitioner to
appear virtually at all proceedings. If the court denies the petitioner's request for virtual
participation, the petitioner may refile the petition in the county where the petitioner resides
or is officed.
new text end
new text begin Subd. 3. new text end
new text begin Information on petitioner's location or residence. new text end
new text begin
Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence
is not accessible to the public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing
an order.
new text end
new text begin Subd. 4. new text end
new text begin Generally. new text end
new text begin
(a) There shall exist an action known as a petition for an extreme
risk protection order, which order shall enjoin and prohibit the respondent from possessing
or purchasing firearms for as long as the order remains in effect.
new text end
new text begin
(b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief
law enforcement officer, the chief law enforcement officer's designee, a city or county
attorney, any family or household members of the respondent, or a guardian, as defined in
section 524.1-201, clause (27), of the respondent.
new text end
new text begin
(c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to other persons or is at significant risk of suicide by possessing a firearm. The
petition shall be accompanied by an affidavit made under oath stating specific facts and
circumstances forming a basis to allege that an extreme risk protection order should be
granted. The affidavit may include but is not limited to evidence showing any of the factors
described in section 624.7172, subdivision 2.
new text end
new text begin
(d) A petition for emergency relief under section 624.7174 shall additionally allege that
the respondent presents an immediate and present danger of either bodily harm to others or
of taking their life.
new text end
new text begin
(e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
new text end
new text begin
(f) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end
new text begin
(g) The state court administrator shall create all forms necessary under sections 624.7171
to 624.7178.
new text end
new text begin
(h) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent. The court administrator, the sheriff of any county in this state,
and other law enforcement and corrections officers shall perform their duties relating to
service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement or corrections officer is unavailable or if service is made by
publication, without requiring the petitioner to make application under section 563.01.
new text end
new text begin
(i) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in the writing and filing of
the affidavit.
new text end
new text begin
(j) The court shall advise the petitioner of the right to request a hearing under section
624.7174. If the petitioner does not request a hearing, the court shall advise the petitioner
that the respondent may request a hearing and that notice of the hearing date and time will
be provided to the petitioner by mail at least five days before the hearing.
new text end
new text begin
(k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
civil or criminal remedies.
new text end
new text begin
(l) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
new text end
new text begin
(m) Any extreme risk protection order or subsequent extension issued under sections
624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent and
electronically transmitted within three business days to the National Instant Criminal
Background Check System. When an order expires or is terminated by the court, the court
must submit a request that the order be removed from the National Instant Background
Check System. Each appropriate law enforcement agency shall make available to other law
enforcement officers, through a system for verification, information as to the existence and
status of any extreme risk protection order issued under sections 624.7171 to 624.7178.
new text end
new text begin Subd. 5. new text end
new text begin Mental health professionals. new text end
new text begin
When a mental health professional has a statutory
duty to warn another of a client's serious threat of physically violent behavior or determines
that a client presents a significant risk of suicide by possessing a firearm, the mental health
professional must communicate the threat or risk to the sheriff of the county where the client
resides and make a recommendation to the sheriff regarding the client's fitness to possess
firearms.
new text end
Sec. 3.
new text begin
[624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
new text end
new text begin Subdivision 1. new text end
new text begin Hearing. new text end
new text begin
(a) Upon receipt of the petition for an order after a hearing, the
court must schedule and hold a hearing within 14 days from the date the petition was
received.
new text end
new text begin
(b) The court shall advise the petitioner of the right to request an emergency extreme
risk protection order under section 624.7174 separately from or simultaneously with the
petition under this subdivision.
new text end
new text begin
(c) The petitioning agency shall be responsible for service of an extreme risk protection
order issued by the court and shall further be the agency responsible for the execution of
any legal process required for the seizure and storage of firearms subject to the order. Nothing
in this provision limits the ability of the law enforcement agency of record from cooperating
with other law enforcement entities. When a court issues an extreme risk protection order
for a person who resides on Tribal territory, the chief law enforcement officer of the law
enforcement agency responsible for serving the order must request the assistance and counsel
of the appropriate Tribal police department prior to serving the respondent. When the
petitioner is a family or household member of the respondent, the primary law enforcement
agency serving the jurisdiction of residency of the respondent shall be responsible for the
execution of any legal process required for the seizure and storage of firearms subject to
the order.
new text end
new text begin
(d) Personal service of notice for the hearing may be made upon the respondent at any
time up to 48 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to 14 days if the respondent is served less than
five days prior to the hearing, which continuance shall be granted unless there are compelling
reasons not to do so. If the court grants the requested continuance, and an existing emergency
order under section 624.7174 will expire due to the continuance, the court shall also issue
a written order continuing the emergency order pending the new time set for the hearing.
new text end
new text begin
(e) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
new text end
new text begin
(f) When a petitioner who is not the sheriff of the county where the respondent resides,
the sheriff's designee, or a family or household member files a petition, the petitioner must
provide notice of the action to the sheriff of the county where the respondent resides. When
a family or household member is the petitioner, the court must provide notice of the action
to the sheriff of the county where the respondent resides.
new text end
new text begin Subd. 2. new text end
new text begin Relief by court. new text end
new text begin
(a) At the hearing, the petitioner must prove by clear and
convincing evidence that the respondent poses a significant danger to other persons or is at
significant risk of suicide by possessing a firearm.
new text end
new text begin
(b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
new text end
new text begin
(1) a history of threats or acts of violence by the respondent directed toward another
person;
new text end
new text begin
(2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
new text end
new text begin
(3) a violation of any court order, including but not limited to orders issued under sections
624.7171 to 624.7178 or chapter 260C or 518B;
new text end
new text begin
(4) a prior arrest for a violent felony offense;
new text end
new text begin
(5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
new text end
new text begin
(6) a conviction for an offense of cruelty to animals under chapter 343;
new text end
new text begin
(7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
new text end
new text begin
(8) suicide attempts by the respondent or a serious mental illness; and
new text end
new text begin
(9) whether the respondent is named in an existing order in effect under sections 624.7171
to 624.7178 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
other action under sections 624.7171 to 624.7178 or chapter 518B.
new text end
new text begin
(c) In determining whether to grant the order after a hearing, the court may:
new text end
new text begin
(1) subpoena peace officers who have had contact with the respondent to provide written
or sworn testimony regarding the officer's contacts with the respondent; and
new text end
new text begin
(2) consider any other evidence that bears on whether the respondent poses a danger to
others or is at risk of suicide.
new text end
new text begin
(d) If the court finds there is clear and convincing evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing or
purchasing a firearm for the duration of the order. The court shall inform the respondent
that the respondent is prohibited from possessing or purchasing firearms and shall issue a
transfer order under section 624.7175. The court shall also give notice to the county attorney's
office, which may take action as it deems appropriate.
new text end
new text begin
(e) The court shall determine the length of time the order is in effect, but may not set
the length of time for less than six months or more than one year, subject to renewal or
extension under section 624.7173.
new text end
new text begin
(f) If there is no existing emergency order under section 624.7174 at the time an order
is granted under this section, the court shall determine by clear and convincing evidence
whether the respondent presents an immediate and present danger of bodily harm. If the
court so determines, the transfer order shall include the provisions described in section
624.7175, paragraph (d).
new text end
new text begin
(g) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency extreme risk protection order currently in effect.
new text end
new text begin
(h) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. The court shall seal the petition
filed under this section and section 624.7174 if a respondent who consents to imposition of
an extreme risk protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public and public safety
outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
protection orders based on the respondent being a danger to others shall remain public.
Extreme risk protection orders issued for respondents who are solely at risk of suicide shall
not be public.
new text end
Sec. 4.
new text begin
[624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
new text end
new text begin
(a) Upon application by any party entitled to petition for an order under section 624.7172,
and after notice to the respondent and a hearing, the court may extend the relief granted in
an existing order granted after a hearing under section 624.7172. Application for an extension
may be made any time within the three months before the expiration of the existing order.
The court may extend the order if the court makes the same findings by clear and convincing
evidence as required for granting of an initial order under section 624.7172, subdivision 2,
paragraph (d). The minimum length of time of an extension is six months and the maximum
length of time of an extension is one year. The court shall consider the same types of evidence
as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and
(c).
new text end
new text begin
(b) Upon application by the respondent to an order issued under section 624.7172, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by clear and convincing evidence that the respondent does not pose a significant
danger to other persons or is at significant risk of suicide by possessing a firearm. Application
for termination may be made one time for every six months an order is in effect. If an order
has been issued for a period of six months, the respondent may apply for termination one
time.
new text end
Sec. 5.
new text begin
[624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
new text end
new text begin
(a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
new text end
new text begin
(b) The court shall advise the petitioner of the right to request an order after a hearing
under section 624.7172 separately from or simultaneously with the petition.
new text end
new text begin
(c) If the court finds there is probable cause that (1) the respondent poses a significant
danger of bodily harm to other persons or is at significant risk of suicide by possessing a
firearm, and (2) the respondent presents an immediate and present danger of either bodily
harm to others or of taking their life, the court shall issue an ex parte emergency order
prohibiting the respondent from possessing or purchasing a firearm for the duration of the
order. The order shall inform the respondent that the respondent is prohibited from possessing
or purchasing firearms and shall issue a transfer order under section 624.7175, paragraph
(d).
new text end
new text begin
(d) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
new text end
new text begin
(e) The emergency order shall have a fixed period of 14 days unless a hearing is set
under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7172.
new text end
new text begin
(f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7172, an order served on a
respondent under this section must include a notice advising the respondent of the right to
request a hearing challenging the issuance of the emergency order, and must be accompanied
by a form that can be used by the respondent to request a hearing.
new text end
new text begin
(g) Service of the emergency order may be made by alternate service as provided under
section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (f).
new text end
Sec. 6.
new text begin
[624.7175] TRANSFER OF FIREARMS.
new text end
new text begin
(a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
order, the court shall direct the respondent to transfer any firearms the person possesses as
soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
firearms dealer or a law enforcement agency. If the respondent elects to transfer the
respondent's firearms to a law enforcement agency, the agency must accept the transfer.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm and does not transfer ownership or title. If the
respondent makes a temporary transfer to a federally licensed firearms dealer, the dealer
may charge the respondent a reasonable fee to store the firearms. If the temporary transfer
is made to a law enforcement agency, the agency may not charge the respondent any storage
or other associated fee. A dealer or agency may establish policies for disposal of abandoned
firearms, provided these policies require that the respondent be notified prior to disposal of
abandoned firearms. If a respondent permanently transfers the respondent's firearms to a
law enforcement agency, the agency must compensate the respondent at fair market value
and may not charge the respondent any processing or other fees.
new text end
new text begin
(b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
27, section 478.11, as amended, to a relative who does not live with the respondent after
confirming that the relative may lawfully own or possess a firearm.
new text end
new text begin
(c) The respondent must file proof of transfer as provided in this paragraph.
new text end
new text begin
(1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the respondent, date of transfer, and the serial
number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
licensed firearms dealer, the respondent shall, within two business days after being served
with the order, file a copy of proof of transfer with the law enforcement agency and attest
that all firearms owned or possessed at the time of the order have been transferred in
accordance with this section and that the person currently does not possess any firearms. If
the respondent claims not to own or possess firearms, the respondent shall file a declaration
of nonpossession with the law enforcement agency attesting that, at the time of the order,
the respondent neither owned nor possessed any firearms, and that the respondent currently
neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to
paragraph (b), the relative must sign an affidavit under oath before a notary public either
acknowledging that the respondent permanently transferred the respondent's antique firearms,
curios, or relics to the relative or agreeing to temporarily store the respondent's antique
firearms, curios, or relics until such time as the respondent is legally permitted to possess
firearms. To the extent possible, the affidavit shall indicate the serial number, make, and
model of all antique firearms, curios, or relics transferred by the respondent to the relative.
new text end
new text begin
(2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
new text end
new text begin
(d) If a court issues an emergency order under section 624.7174, or makes a finding of
immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant to the local law enforcement agency to take possession of all firearms in the
respondent's possession as soon as practicable. The chief law enforcement officer, or the
chief's designee, shall notify the respondent of the option to voluntarily comply with the
order by surrendering the respondent's firearms to law enforcement prior to execution of
the search warrant. Only if the respondent refuses to voluntarily comply with the order to
surrender the respondent's firearms shall the officer or officers tasked with serving the search
warrant execute the warrant. The local law enforcement agency shall, upon written notice
from the respondent, transfer the firearms to a federally licensed firearms dealer. Before a
local law enforcement agency transfers a firearm under this paragraph, the agency shall
require the federally licensed firearms dealer receiving the firearm to submit a proof of
transfer that complies with the requirements for proofs of transfer established in paragraph
(c). The agency shall file all proofs of transfer received by the court within two business
days of the transfer. A federally licensed firearms dealer who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting transfer
directly from the respondent. A law enforcement agency may establish policies for disposal
of abandoned firearms, provided these policies require that the respondent be notified prior
to disposal of abandoned firearms.
new text end
Sec. 7.
new text begin
[624.7176] RETURN OF FIREARMS.
new text end
new text begin Subdivision 1. new text end
new text begin Law enforcement. new text end
new text begin
A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7175 shall return the firearms to the
respondent after the expiration of the order, provided the respondent is not otherwise
prohibited from possessing firearms under state or federal law.
new text end
new text begin Subd. 2. new text end
new text begin Firearms dealer. new text end
new text begin
A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7175 shall return the transferred firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law. A federally licensed
firearms dealer returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
new text end
Sec. 8.
new text begin
[624.7177] OFFENSES.
new text end
new text begin Subdivision 1. new text end
new text begin False information or harassment. new text end
new text begin
A person who petitions for an extreme
risk protection order under section 624.7172 or 624.7174, knowing any information in the
petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
gross misdemeanor.
new text end
new text begin Subd. 2. new text end
new text begin Violation of order. new text end
new text begin
A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each extreme
risk protection order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
new text end
Sec. 9.
new text begin
[624.7178] LIABILITY PROTECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Liability protection for petition. new text end
new text begin
A chief law enforcement officer, the
chief law enforcement officer's designee, or a city or county attorney who, in good faith,
decides not to petition for an extreme risk protection order or emergency extreme risk
protection order shall be immune from criminal or civil liability.
new text end
new text begin Subd. 2. new text end
new text begin Liability protection for storage of firearms. new text end
new text begin
A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end
new text begin Subd. 3. new text end
new text begin
Liability protection for harm following service of an order or execution of
a search warrant.
new text end
new text begin
A peace officer, law enforcement agency, and the state or a political
subdivision by which a peace officer is employed has immunity from any liability, civil or
criminal, for harm caused by a person who is the subject of an extreme risk protection order,
a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service
of the order or execution of the warrant, whichever comes first, if the peace officer acts in
good faith in serving the order or executing the warrant.
new text end
new text begin Subd. 4. new text end
new text begin Liability protection for mental health professionals. new text end
new text begin
A mental health
professional who provides notice to the sheriff under section 626.7171, subdivision 5, is
immune from monetary liability and no cause of action, or disciplinary action by the person's
licensing board may arise against the mental health professional for disclosure of confidences
to the sheriff, for failure to disclose confidences to the sheriff, or for erroneous disclosure
of confidences to the sheriff in a good faith effort to warn against or take precautions against
a client's violent behavior or threat of suicide.
new text end
Sec. 10.
new text begin
[626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
OF MODEL PROCEDURES.
new text end
new text begin
By December 1, 2023, the Peace Officer Standards and Training Board, after consulting
with the National Alliance on Mental Illness Minnesota, the Minnesota County Attorneys
Association, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association,
and the Minnesota Police and Peace Officers Association, shall develop model procedures
and standards for the storage of firearms transferred to law enforcement under section
624.7175.
new text end
Sec. 11. new text begin FEDERAL BYRNE STATE CRISIS INTERVENTION PROGRAM.
new text end
new text begin
The Department of Public Safety is designated the state agency with the exclusive
authority to apply for federal Byrne State Crisis Intervention Program grants.
new text end
Sec. 12. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background
checks made on or after that date.
new text end
ARTICLE 15
CONTROLLED SUBSTANCES POLICY
Section 1.
Minnesota Statutes 2022, section 121A.28, is amended to read:
121A.28 LAW ENFORCEMENT RECORDS.
A law enforcement agency shall provide notice of any drug incident occurring within
the agency's jurisdiction, in which the agency has probable cause to believe a student violated
section 152.021, 152.022, 152.023, 152.024, 152.025, 152.0262, 152.027, deleted text begin 152.092,deleted text end 152.097,
or 340A.503, subdivision 1, 2, or 3. The notice shall be in writing and shall be provided,
within two weeks after an incident occurs, to the chemical abuse preassessment team in the
school where the student is enrolled.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 151.01, is amended by adding a subdivision to
read:
new text begin Subd. 43. new text end
new text begin Syringe services provider. new text end
new text begin
"Syringe services provider" means a
community-based public health program that offers cost-free comprehensive harm reduction
services, which may include: providing sterile needles, syringes, and other injection
equipment; making safe disposal containers for needles and syringes available; educating
participants and others about overdose prevention, safer injection practices, and infectious
disease prevention; providing blood-borne pathogen testing or referrals to blood-borne
pathogen testing; offering referrals to substance use disorder treatment, including substance
use disorder treatment with medications for opioid use disorder; and providing referrals to
medical treatment and services, mental health programs and services, and other social
services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 151.40, subdivision 1, is amended to read:
Subdivision 1.
Generally.
It is unlawful for any person to deleted text begin possess, control,deleted text end manufacturedeleted text begin ,deleted text end
new text begin ornew text end selldeleted text begin , furnish, dispense, or otherwise dispose ofdeleted text end hypodermic syringes or needles or any
instrument or implement which can be adapted for subcutaneous injections, except for:
(1) the following persons when acting in the course of their practice or employment:
(i) licensed practitioners and their employees, agents, or delegates;
(ii) licensed pharmacies and their employees or agents;
(iii) licensed pharmacists;
(iv) registered nurses and licensed practical nurses;
(v) registered medical technologists;
(vi) medical interns and residents;
(vii) licensed drug wholesalers and their employees or agents;
(viii) licensed hospitals;
(ix) bona fide hospitals in which animals are treated;
(x) licensed nursing homes;
(xi) licensed morticians;
(xii) syringe and needle manufacturers and their dealers and agents;
(xiii) persons engaged in animal husbandry;
(xiv) clinical laboratories and their employees;
(xv) persons engaged in bona fide research or education or industrial use of hypodermic
syringes and needles provided such persons cannot use hypodermic syringes and needles
for the administration of drugs to human beings unless such drugs are prescribed, dispensed,
and administered by a person lawfully authorized to do so; deleted text begin and
deleted text end
(xvi) persons who administer drugs pursuant to an order or direction of a licensed
practitioner;new text begin and
new text end
new text begin
(xvii) syringe services providers and their employees and agents;
new text end
(2) a person who self-administers drugs pursuant to either the prescription or the direction
of a practitioner, or a family member, caregiver, or other individual who is designated by
such person to assist the person in obtaining and using needles and syringes for the
administration of such drugs;
(3) a person who is disposing of hypodermic syringes and needles through an activity
or program developed under section 325F.785; deleted text begin or
deleted text end
(4) a person who sellsdeleted text begin , possesses,deleted text end or handles hypodermic syringes and needles pursuant
to subdivision 2deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) a participant receiving services from a syringe services provider, who accesses or
receives new syringes or needles from a syringe services provider or returns used syringes
or needles to a syringe services provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 151.40, subdivision 2, is amended to read:
Subd. 2.
Sales deleted text begin of limited quantitiesdeleted text end of clean needles and syringes.
(a) A registered
pharmacy or a licensed pharmacist may sell, without the prescription or direction of a
practitioner, unused hypodermic needles and syringes deleted text begin in quantities of ten or fewer,deleted text end provided
the pharmacy or pharmacist complies with all of the requirements of this subdivision.
(b) At any location where hypodermic needles and syringes are kept for retail sale under
this subdivision, the needles and syringes shall be stored in a manner that makes them
available only to authorized personnel and not openly available to customers.
(c) A registered pharmacy or licensed pharmacist that sells hypodermic needles or
syringes under this subdivision may give the purchaser the materials developed by the
commissioner of health under section 325F.785.
(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or
syringes under this subdivision must certify to the commissioner of health participation in
an activity, including but not limited to those developed under section 325F.785, that supports
proper disposal of used hypodermic needles or syringes.
Sec. 5.
Minnesota Statutes 2022, section 152.01, subdivision 12a, is amended to read:
Subd. 12a.
Park zone.
"Park zone" means an area designated as a public park by the
federal government, the state, a local unit of government, a park district board, deleted text begin ordeleted text end a park
and recreation board in a city of the first classnew text begin , or a federally recognized Indian Tribenew text end . "Park
zone" includes the area within 300 feet or one city block, whichever distance is greater, of
the park boundary.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 152.01, subdivision 18, is amended to read:
Subd. 18.
Drug paraphernalia.
(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substances under this chapter or the
Uniform Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, new text begin or new text end (3) deleted text begin testing the strength,
effectiveness, or purity of a controlled substance, or (4)deleted text end enhancing the effect of a controlled
substance.
(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
of: (1) deleted text begin hypodermic needles or syringes in accordance with section 151.40, subdivision 2deleted text end new text begin
hypodermic syringes or needles or any instrument or implement which can be adapted for
subcutaneous injectionsnew text end ; or (2) products that detect the presence of fentanyl or a fentanyl
analog in a controlled substance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to
read:
new text begin Subd. 25. new text end
new text begin Fentanyl. new text end
new text begin
As used in sections 152.021 to 152.025, "fentanyl" includes fentanyl,
carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152.02,
subdivisions 2 and 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 152.021, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in the first
degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine
and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or morenew text begin , or 40 dosage units or more,new text end containing
heroinnew text begin or fentanylnew text end ;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 50 grams or more containing a narcotic drug other than
cocaine, heroin, new text begin fentanyl, new text end or methamphetamine;
(5) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine,
or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or
more dosage units; or
(6) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of a controlled substance crime in
the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or morenew text begin , or 100 dosage units or more,new text end containing heroinnew text begin or fentanylnew text end ;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, new text begin fentanyl, new text end or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in the
second degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing a narcotic drug other than
heroinnew text begin or fentanylnew text end ;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of three grams or more containing cocaine or
methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of three grams or morenew text begin , or 12 dosage units or more,new text end
containing heroinnew text begin or fentanylnew text end ;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine,
or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or
more dosage units;
(5) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols;
(6) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person
under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully
sell the substance; or
(7) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, or a drug treatment facility:
(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or amphetamine; or
(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana
or Tetrahydrocannabinols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or morenew text begin , or 50 dosage units or more,new text end containing heroinnew text begin or fentanylnew text end ;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, new text begin fentanyl, new text end or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroinnew text begin or fentanylnew text end ;
(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures ofnew text begin : (i)new text end a total weight of three grams or more containing heroinnew text begin ; or (ii)
a total weight of five grams or more, or 25 dosage units or more, containing fentanylnew text end ;
(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drugnew text begin other than heroin or fentanylnew text end , it is packaged
in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
A person is guilty of controlled substance crime
in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuananew text begin or a
residual amount of one or more mixtures of controlled substances contained in drug
paraphernalianew text end ; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2022, section 152.093, is amended to read:
152.093 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA
PROHIBITED.
It is unlawful for any person deleted text begin knowingly or intentionally to deliver drug paraphernalia
or knowingly ordeleted text end new text begin tonew text end intentionally deleted text begin to possess ordeleted text end manufacture drug paraphernalia for delivery.
Any violation of this section is a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 152.205, is amended to read:
152.205 LOCAL REGULATIONS.
Sections 152.01, subdivision 18, and deleted text begin 152.092deleted text end new text begin 152.093new text end to 152.095 do not preempt
enforcement or preclude adoption of municipal or county ordinances prohibiting or otherwise
regulating the manufacture, delivery, possession, or advertisement of drug paraphernalia.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 16.
new text begin
[626.8443] OPIATE ANTAGONISTS; TRAINING; CARRYING; USE.
new text end
new text begin Subdivision 1. new text end
new text begin Training. new text end
new text begin
A chief law enforcement officer must provide basic training
to peace officers employed by the chief's agency on:
new text end
new text begin
(1) identifying persons who are suffering from narcotics overdoses; and
new text end
new text begin
(2) the proper use of opiate antagonists to treat a narcotics overdose.
new text end
new text begin Subd. 2. new text end
new text begin Mandatory supply. new text end
new text begin
A chief law enforcement officer must maintain a sufficient
supply of opiate antagonists to ensure that officers employed by the chief's agency can
satisfy the requirements of subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Mandatory carrying. new text end
new text begin
Each on-duty peace officer who is assigned to respond
to emergency calls must have at least two unexpired opiate antagonist doses readily available
when the officer's shift begins. An officer who depletes their supply of opiate antagonists
during the officer's shift shall replace the expended doses from the officer's agency's supply
so long as replacing the doses will not compromise public safety.
new text end
new text begin Subd. 4. new text end
new text begin Authorization of use. new text end
new text begin
(a) A chief law enforcement officer must authorize peace
officers employed by the chief's agency to perform administration of an opiate antagonist
when an officer believes a person is suffering a narcotics overdose.
new text end
new text begin
(b) In order to administer opiate antagonists, a peace officer must comply with section
151.37, subdivision 12, paragraph (b), clause (1).
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 152.092,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
ARTICLE 16
CONTROLLED SUBSTANCES SCHEDULES
Section 1.
Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read:
Subd. 2.
Schedule I.
(a) Schedule I consists of the substances listed in this subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
following substances, including their analogs, isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,
and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-
methylbenzamide(U47700);
(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);
(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol);
(60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl
fentanyl);
(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);
(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
(63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl
fentanyl);
(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);
(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);
(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
(para-chloroisobutyryl fentanyl);
(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl
fentanyl);
(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
(para-methoxybutyryl fentanyl);
(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);
(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl
fentanyl or para-fluoroisobutyryl fentanyl);
(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or
acryloylfentanyl);
(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl
fentanyl);
(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl
or 2-fluorofentanyl);
(74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide
(tetrahydrofuranyl fentanyl); deleted text begin and
deleted text end
(75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers,
esters and ethers, meaning any substance not otherwise listed under another federal
Administration Controlled Substance Code Number or not otherwise listed in this section,
and for which no exemption or approval is in effect under section 505 of the Federal Food,
Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related
to fentanyl by one or more of the following modifications:
(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether
or not further substituted in or on the monocycle;
(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo,
haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether,
hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iv) replacement of the aniline ring with any aromatic monocycle whether or not further
substituted in or on the aromatic monocycle; or
(v) replacement of the N-propionyl group by another acyl groupdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(76) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-
dihydro-2H-benzo[d]imidazol-2-one (brorphine);
new text end
new text begin
(77) 4'-methyl acetyl fentanyl;
new text end
new text begin
(78) beta-hydroxythiofentanyl;
new text end
new text begin
(79) beta-methyl fentanyl;
new text end
new text begin
(80) beta'-phenyl fentanyl;
new text end
new text begin
(81) crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide);
new text end
new text begin
(82) cyclopropyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
new text end
new text begin
(83) fentanyl carbamate;
new text end
new text begin
(84) isotonitazene (N,N-diethyl-2-(2-(4
isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(85) para-fluoro furanyl fentanyl;
new text end
new text begin
(86) para-methylfentanyl;
new text end
new text begin
(87) phenyl fentanyl;
new text end
new text begin
(88) ortho-fluoroacryl fentanyl;
new text end
new text begin
(89) ortho-fluorobutyryl fentanyl;
new text end
new text begin
(90) ortho-fluoroisobutyryl fentanyl;
new text end
new text begin
(91) ortho-methyl acetylfentanyl;
new text end
new text begin
(92) thiofuranyl fentanyl;
new text end
new text begin
(93) metonitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(94) metodesnitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(95) etodesnitazene; etazene
(2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);
new text end
new text begin
(96) protonitazene
(N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(97) butonitazene
(2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);
new text end
new text begin
(98) flunitazene
(N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine); and
new text end
new text begin
(99) N-pyrrolidino etonitazene; etonitazepyne
(2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole).
new text end
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
and salts of isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon.
(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
quantity of the following substances, their analogs, salts, isomers (whether optical, positional,
or geometric), and salts of isomers, unless specifically excepted or unless listed in another
schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is
possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxyamphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
(2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(65) N,N-Dipropyltryptamine (DPT);
(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
ethketamine, NENK);
(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii
Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,
and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,
its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not
apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian
Church, and members of the American Indian Church are exempt from registration. Any
person who manufactures peyote for or distributes peyote to the American Indian Church,
however, is required to obtain federal registration annually and to comply with all other
requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed in
another schedule, any material compound, mixture, or preparation which contains any
quantity of the following substances, their analogs, salts, isomers, and salts of isomers
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam;
(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
methoxyketamine);
(6) tianeptine;
(7) clonazolam;
(8) etizolam;
(9) flubromazolam; and
(10) flubromazepam.
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the
analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) 3-fluoro-N-methylcathinone (3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
naphyrone);
(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
(25) 4-methyl-N-ethylcathinone (4-MEC);
(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(29) 4-fluoro-N-methylcathinone (4-FMC);
(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone (α-PBP);
(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP);
(39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone);
deleted text begin and
deleted text end
(40) any other substance, except bupropion or compounds listed under a different
schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the
1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the
compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structuredeleted text begin .deleted text end new text begin ;
new text end
new text begin
(41) 4,4'-dimethylaminorex (4,4'-DMAR;
4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine);
new text end
new text begin
(42) 4-chloro-alpha-pyrrolidinovalerophenone (4-chloro-A-PVP);
new text end
new text begin
(43) para-methoxymethamphetamine (PMMA),
1-(4-methoxyphenyl)-N-methylpropan-2-amine; and
new text end
new text begin
(44) N-ethylhexedrone.
new text end
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
excepted or unless listed in another schedule, any natural or synthetic material, compound,
mixture, or preparation that contains any quantity of the following substances, their analogs,
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except
that tetrahydrocannabinols do not include any material, compound, mixture, or preparation
that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic
equivalents of the substances contained in the cannabis plant or in the resinous extractives
of the plant; or synthetic substances with similar chemical structure and pharmacological
activity to those substances contained in the plant or resinous extract, including, but not
limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4
cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
substituted in the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any
extent, whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylpyrroles include, but are not limited to,
(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any
extent, whether or not substituted in the naphthyl ring to any extent. Examples of
naphthylemethylindenes include, but are not limited to,
E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
extent, whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not
limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
-phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
extent and whether or not substituted in the phenyl ring to any extent. Examples of
benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
48,098 or Pravadoline).
(viii) Others specifically named:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
(XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
(AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
(5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
(AB-PINACA);
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
1H-indazole-3-carboxamide (AB-FUBINACA);
(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
indazole-3-carboxamide(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
(5-fluoro-AMB);
(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
(FUBIMINA);
(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide;
(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
-1H-indazole-3-carboxamide;
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
H-indazole-3-carboxamide (MAB-CHMINACA);
(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
(ADB-PINACA);
(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
(X) N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-
3-carboxamide. (APP-CHMINACA);
(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
(ix) Additional substances specifically named:
(A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
(B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide
(4-CN-Cumyl-Butinaca);
(C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; CBL2201);
(D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1
H-indazole-3-carboxamide (5F-ABPINACA);
(E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate
(MDMB CHMICA);
(F) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate
(5F-ADB; 5F-MDMB-PINACA); deleted text begin and
deleted text end
(G) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)
1H-indazole-3-carboxamide (ADB-FUBINACA)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(H) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide;
new text end
new text begin
(I) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3- tetramethylcyclopropyl)methanone;
new text end
new text begin
(J) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3,3-dimethylbutanoate;
new text end
new text begin
(K) methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate;
new text end
new text begin
(L) ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate;
new text end
new text begin
(M) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3- methylbutanoate;
new text end
new text begin
(N) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide; and
new text end
new text begin
(O) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide.
new text end
(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended
for human consumption.
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.
Minnesota Statutes 2022, section 152.02, subdivision 3, is amended to read:
Subd. 3.
Schedule II.
(a) Schedule II consists of the substances listed in this subdivision.
(b) Unless specifically excepted or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction from substances of vegetable
origin or independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate.
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxegol;
(G) naloxone;
(H) naltrexone; and
(I) their respective salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(2) any salt, compound, derivative, or preparation thereof which is chemically equivalent
or identical with any of the substances referred to in clause (1), except that these substances
shall not include the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca leaves
(including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers
and derivatives), and any salt, compound, derivative, or preparation thereof which is
chemically equivalent or identical with any of these substances, except that the substances
shall not include decocainized coca leaves or extraction of coca leaves, which extractions
do not contain cocaine or ecgonine;
(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid,
or powder form which contains the phenanthrene alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule,
whenever the existence of such isomers, esters, ethers and salts is possible within the specific
chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM);
(13) levomethorphan;
(14) levorphanol;
(15) metazocine;
(16) methadone;
(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(18) moramide - intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic
acid;
(19) pethidine;
(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) phenazocine;
(24) piminodine;
(25) racemethorphan;
(26) racemorphan;
(27) remifentanil;
(28) sufentanil;
(29) tapentadol;
(30) 4-Anilino-N-phenethylpiperidinedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(31) oliceridine;
new text end
new text begin
(32) norfentanyl (N-phenyl-N-(piperidin-4-yl) propionamide).
new text end
(d) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomers, and salts of its isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate;
(5) lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) secobarbital;
(4) pentobarbital;
(5) phencyclidine;
(6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Cannabinoids:
(1) nabilone;
(2) dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution
in a drug product approved for marketing by the United States Food and Drug Administration.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 152.02, subdivision 5, is amended to read:
Subd. 5.
Schedule IV.
(a) Schedule IV consists of the substances listed in this subdivision.
(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any of the following narcotic
drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
as follows:
(1) not more than one milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit;
(2) dextropropoxyphene (Darvon and Darvocet);
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and
geometric isomers, and salts of these isomers (including tramadol);
(4) eluxadoline;
(5) pentazocine; and
(6) butorphanol (including its optical isomers).
(c) Depressants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any quantity of the following
substances, including its salts, isomers, and salts of isomers whenever the existence of the
salts, isomers, and salts of isomers is possible:
(1) alfaxalone (5α-pregnan-3α-ol-11,20-dione);
(2) alprazolam;
(3) barbital;
(4) bromazepam;
(5) camazepam;
(6) carisoprodol;
(7) chloral betaine;
(8) chloral hydrate;
(9) chlordiazepoxide;
(10) clobazam;
(11) clonazepam;
(12) clorazepate;
(13) clotiazepam;
(14) cloxazolam;
(15) delorazepam;
(16) diazepam;
(17) dichloralphenazone;
(18) estazolam;
(19) ethchlorvynol;
(20) ethinamate;
(21) ethyl loflazepate;
(22) fludiazepam;
(23) flurazepam;
(24) fospropofol;
(25) halazepam;
(26) haloxazolam;
(27) ketazolam;
(28) loprazolam;
(29) lorazepam;
(30) lormetazepam mebutamate;
(31) medazepam;
(32) meprobamate;
(33) methohexital;
(34) methylphenobarbital;
(35) midazolam;
(36) nimetazepam;
(37) nitrazepam;
(38) nordiazepam;
(39) oxazepam;
(40) oxazolam;
(41) paraldehyde;
(42) petrichloral;
(43) phenobarbital;
(44) pinazepam;
(45) prazepam;
(46) quazepam;
(47) suvorexant;
(48) temazepam;
(49) tetrazepam;
(50) triazolam;
(51) zaleplon;
(52) zolpidem;
(53) zopiclonedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(54) brexanolone (3α-hydroxy-5α-pregnan-20-one);
new text end
new text begin
(55) lemborexant;
new text end
new text begin
(56) remimazolam (4H-imidazol[1,2-a][1,4]benzodiazepine4-propionic acid).
new text end
(d) Any material, compound, mixture, or preparation which contains any quantity of the
following substance including its salts, isomers, and salts of such isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(1) cathine (norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamine;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline (including organometallic complexes and chelates thereof);
(9) phentermine;
(10) pipradol;
(11) sibutramine;
(12) SPA (1-dimethylamino-1,2-diphenylethane)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(13) serdexmethylphenidate;
new text end
new text begin
(14) solriamfetol (2-amino-3-phenylpropyl car-bamate; benzenepropanol, beta-amino-,
carbamate (ester)).
new text end
(f) lorcaserin.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 152.02, subdivision 6, is amended to read:
Subd. 6.
Schedule V; restrictions on methamphetamine precursor drugs.
(a) As used
in this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or preparation
intended for human consumption containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not include
the sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of the
following substance having a stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers: pyrovalerone.
(3) Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of the
following substance having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers:
(i) ezogabine;
(ii) pregabalin;
(iii) lacosamidedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(iv) cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl]carbamate.
new text end
(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages of a
methamphetamine precursor drug or a combination of methamphetamine precursor drugs
or any combination of packages exceeding a total weight of six grams, calculated as the
base.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or more
methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine
base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not more
than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit
dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs in
an over-the-counter sale shall ensure that all packages of the drugs are displayed behind a
checkout counter where the public is not permitted and are offered for sale only by a licensed
pharmacist, a registered pharmacy technician, or a pharmacy clerk. The establishment shall
ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name of
the buyer, and the amount of the drug sold.
A document described under clause (2) must be retained by the establishment for at least
three years and must at all reasonable times be open to the inspection of any law enforcement
agency.
Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.
(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs, calculated as the base, within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor drug
to a person under the age of 18 years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the evidence that the defendant
reasonably and in good faith relied on proof of age as described in section 340A.503,
subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that offers
for sale methamphetamine precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties
for violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and
(2) documents that an employee training program was in place to provide the employee
or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid form; or
(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of Public Safety, shall
certify methamphetamine precursor drugs that meet the requirements of paragraph (k),
clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections deleted text begin 151.42 to 151.51deleted text end new text begin 151.43 to 151.471new text end and registered with and regulated
by the United States Drug Enforcement Administration are exempt from the
methamphetamine precursor drug storage requirements of this section.
(n) This section preempts all local ordinances or regulations governing the sale by a
business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 17
COMMUNITY SUPERVISION REFORM
Section 1.
Minnesota Statutes 2022, section 243.05, subdivision 1, is amended to read:
Subdivision 1.
Conditional release.
(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.
(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.
(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.
(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.
(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.
deleted text begin
(h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:
deleted text end
deleted text begin
(1) the condition of probation that has been violated;
deleted text end
deleted text begin
(2) the number of hours of community work service imposed for the violation; and
deleted text end
deleted text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end
deleted text begin
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end
deleted text begin
Community work service includes sentencing to service.
deleted text end
deleted text begin (i) Prior todeleted text end new text begin (h) Beforenew text end revoking a nonviolent controlled substance offender's parole or
probation based on a technical violation, when the offender does not present a risk to the
public and the offender is amenable to continued supervision in the community, a parole
or probation agent must identify community options to address and correct the violation
including, but not limited to, inpatient substance use disorder treatment. If a probation or
parole agent determines that community options are appropriatenew text begin and available in the statenew text end ,
the agent deleted text begin shalldeleted text end new text begin mustnew text end seek to restructure the offender's terms of release to incorporate those
options. If an offender on probation stipulates in writing to restructure the terms of release,
a probation agent must forward a report to the district court containing:
(1) the specific nature of the technical violation of probation;
(2) the recommended restructure to the terms of probation; and
(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
new text begin (i) new text end The recommended restructuring of probation becomes effective when confirmed by
a judge. The order of the court deleted text begin shall bedeleted text end new text begin isnew text end proof of deleted text begin suchdeleted text end confirmation and deleted text begin amenddeleted text end new text begin amendsnew text end
the terms of the sentence imposed by the court under section 609.135.
new text begin (j)new text end If a nonviolent controlled substance offender's parole or probation is revoked, the
offender's agent must first attempt to place the offender in a local jail.
new text begin (k)new text end For purposes of deleted text begin this paragraph,deleted text end new text begin paragraphs (h) to (k):
new text end
new text begin (1)new text end "nonviolent controlled substance offender" deleted text begin isdeleted text end new text begin meansnew text end a person who meets the criteria
described under section 244.0513, subdivision 2, clauses (1), (2), and (5)deleted text begin ,deleted text end new text begin ;new text end and
new text begin (2)new text end "technical violation" means any violation of a court order of probation or a condition
of parole, except an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.
Sec. 2.
Minnesota Statutes 2022, section 244.05, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Sanctions for violationdeleted text end new text begin Revoking supervised release; alternative
interventionsnew text end .
new text begin (a) new text end If deleted text begin an inmatedeleted text end new text begin a supervised individualnew text end violates the conditions of deleted text begin the inmate'sdeleted text end
supervised release imposednew text begin on that individualnew text end by the commissioner, the commissioner may:
(1) continue the deleted text begin inmate'sdeleted text end new text begin individual'snew text end supervised release termdeleted text begin ,deleted text end with or withoutnew text begin :
new text end
new text begin (i)new text end modifying or enlarging the conditions imposed on the deleted text begin inmatedeleted text end new text begin individualnew text end ; or
new text begin
(ii) transferring the individual's case to a specialized caseload; or
new text end
(2) revoke the deleted text begin inmate'sdeleted text end new text begin supervised individual'snew text end supervised release and reimprison deleted text begin the
inmatedeleted text end new text begin that individualnew text end for the appropriate period deleted text begin of timedeleted text end .
deleted text begin
Prior to revoking a nonviolent controlled substance offender's supervised release based
on a technical violation, when the offender does not present a risk to the public and the
offender is amenable to continued supervision in the community, the commissioner must
identify community options to address and correct the violation including, but not limited
to, inpatient substance use disorder treatment. If the commissioner determines that community
options are appropriate, the commissioner shall restructure the inmate's terms of release to
incorporate those options. If a nonviolent controlled substance offender's supervised release
is revoked, the offender's agent must first attempt to place the offender in a local jail. For
purposes of this subdivision, "nonviolent controlled substance offender" is a person who
meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5),
and "technical violation" means a violation of a condition of supervised release, except an
allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
petition.
deleted text end
new text begin
(b) Before revoking an individual's supervised release because of a technical violation
that would result in reimprisonment, the commissioner must identify alternative interventions
to address and correct the violation only if:
new text end
new text begin
(1) the individual does not present a risk to the public; and
new text end
new text begin
(2) the individual is amenable to continued supervision in the community.
new text end
new text begin
(c) If alternative interventions are appropriate and available, the commissioner must
restructure the supervised individual's terms of release to incorporate the alternative
interventions.
new text end
new text begin (d) new text end The period deleted text begin of timedeleted text end for which deleted text begin adeleted text end supervised release may be revoked may not exceed
the period deleted text begin of timedeleted text end remaining in the deleted text begin inmate'sdeleted text end new text begin supervised individual'snew text end sentence, deleted text begin except thatdeleted text end new text begin
butnew text end if a sex offender is sentenced and conditionally released under Minnesota Statutes 2004,
section 609.108, subdivision 5, the period deleted text begin of timedeleted text end for which conditional release may be
revoked may not exceed the balance of the conditional release term.
new text begin
(e) For purposes of this subdivision:
new text end
new text begin
(1) "supervised individual" has the meaning given to "inmate" in section 244.01; and
new text end
new text begin
(2) "technical violation" means a violation of a condition of supervised release, except
an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
petition.
new text end
Sec. 3.
Minnesota Statutes 2022, section 244.18, is amended to read:
244.18 deleted text begin LOCALdeleted text end CORRECTIONAL FEES; deleted text begin IMPOSITION ON OFFENDERSdeleted text end new text begin
SCHEDULE, COLLECTION, AND USEnew text end .
Subdivision 1.
deleted text begin Definitiondeleted text end new text begin Definitionsnew text end .
deleted text begin As used indeleted text end new text begin (a) For purposes ofnew text end this section, deleted text begin "local
correctional fees"deleted text end new text begin the terms defined in this subdivision have the meanings given them.
new text end
new text begin
(b) "Correctional fees":
new text end
new text begin
(1) effective August 1, 2027, means fees charged or contracted for by a probation agency
or the commissioner of corrections for court-ordered or community-provided correctional
services, including but not limited to drug testing, electronic home monitoring, treatment,
and programming; and
new text end
new text begin (2) effective August 1, 2023, through July 31, 2027,new text end include fees for the following
correctional services:
deleted text begin (1)deleted text end new text begin (i)new text end community service work placement and supervision;
deleted text begin (2)deleted text end new text begin (ii)new text end restitution collection;
deleted text begin (3)deleted text end new text begin (iii)new text end supervision;
deleted text begin (4) court ordereddeleted text end new text begin (iv)new text end new text begin court-orderednew text end investigations;
deleted text begin (5)deleted text end new text begin (v)new text end any other deleted text begin court ordereddeleted text end new text begin court-orderednew text end service;
deleted text begin (6)deleted text end new text begin (vi)new text end postprison supervision or other form of release; deleted text begin ordeleted text end new text begin and
new text end
deleted text begin (7)deleted text end new text begin (vii)new text end supervision or other new text begin probation-related new text end services provided deleted text begin to probationers or
parolees under section 243.1605 to be provided by a local probation and parole agency
established under section 244.19 or community corrections agency established under chapter
401deleted text end new text begin by a probation agency or by the Department of Corrections for individuals supervised
by the commissioner of correctionsnew text end .
new text begin
(c) "Probation" has the meaning given in section 609.02, subdivision 15.
new text end
new text begin
(d) "Probation agency" means a probation agency, including a Tribal Nation, organized
under section 244.19 or chapter 401.
new text end
Subd. 2.
deleted text begin Local correctional feesdeleted text end new text begin Fee schedulenew text end .
A deleted text begin local correctional agencydeleted text end new text begin probation
agency or the commissioner of correctionsnew text end may establish a schedule of deleted text begin localdeleted text end correctional
fees to charge deleted text begin personsdeleted text end new text begin individualsnew text end under the supervision and control of the deleted text begin local correctionaldeleted text end
agency new text begin or the commissioner, including individuals on supervised release, new text end to defray costs
associated with correctional services. The deleted text begin localdeleted text end correctional fees on deleted text begin thedeleted text end new text begin an agency's and the
commissioner'snew text end schedule must be reasonably related to defendants' abilities to pay and the
actual cost of correctional services.
Subd. 3.
deleted text begin Fee collectiondeleted text end new text begin Imposing and collecting feesnew text end .
new text begin (a) new text end The chief executive officer
of a deleted text begin local correctionaldeleted text end new text begin probationnew text end agency new text begin or the commissioner new text end may impose and collect deleted text begin localdeleted text end new text begin
anew text end correctional deleted text begin feesdeleted text end new text begin fee from individuals under the supervision and control of the agency or
the commissionernew text end . The deleted text begin local correctionaldeleted text end new text begin probation new text end agency new text begin or commissioner new text end may collect
the fee at any time while the deleted text begin offenderdeleted text end new text begin individualnew text end is under sentence or after the sentence has
been discharged.
new text begin (b)new text end A deleted text begin localdeleted text end probation deleted text begin and paroledeleted text end agency deleted text begin established under section 244.19 or community
corrections agency established under section 401.02deleted text end may not impose a fee under this section
new text begin on an individual under the agency's supervision and control new text end ifnew text begin :
new text end
new text begin (1)new text end the deleted text begin offenderdeleted text end new text begin individualnew text end is supervised by the commissioner deleted text begin of correctionsdeleted text end new text begin ;new text end and
new text begin (2)new text end the commissioner deleted text begin of correctionsdeleted text end imposes and collects a fee under new text begin this new text end section deleted text begin 241.272deleted text end .
new text begin (c)new text end The agency new text begin or the commissioner new text end may use any available civil means of debt collection
deleted text begin in collectingdeleted text end new text begin to collectnew text end a deleted text begin localdeleted text end correctional fee.
Subd. 4.
deleted text begin Exemption fromdeleted text end new text begin Waivingnew text end fee.
The chief executive officer of deleted text begin the local
correctionaldeleted text end new text begin a probation new text end agency deleted text begin may waive payment of thedeleted text end new text begin or the commissioner must waive
a correctionalnew text end fee new text begin for an individual under the agency's or commissioner's supervision and
control new text end if the officer new text begin or commissioner new text end determines thatnew text begin :
new text end
new text begin (1)new text end the deleted text begin offenderdeleted text end new text begin individualnew text end does not have the ability to pay the feedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the prospects for payment are poordeleted text begin ,deleted text end new text begin ;new text end or
new text begin (3)new text end there are extenuating circumstances justifying new text begin a new text end waiver deleted text begin of the feedeleted text end .
new text begin (b)new text end Instead of waiving deleted text begin thedeleted text end new text begin anew text end fee, the deleted text begin local correctional agencydeleted text end new text begin chief executive officer or
commissionernew text end maynew text begin :
new text end
new text begin (1)new text end require the deleted text begin offenderdeleted text end new text begin individualnew text end to perform community work service deleted text begin as a meansdeleted text end new text begin in
lieunew text end of paying the feenew text begin ; or
new text end
new text begin (2) credit the individual's involvement in programming at a rate established by the chief
executive officer or commissionernew text end .
Subd. 5.
new text begin Prioritizing new text end restitution payment deleted text begin prioritydeleted text end .
If a defendant has been ordered by
a court to pay restitution, the defendant deleted text begin shall be obligated todeleted text end new text begin mustnew text end pay the restitution deleted text begin ordereddeleted text end
before paying deleted text begin the localdeleted text end new text begin anew text end correctional fee. However, if the defendant is making reasonable
payments to satisfy the restitution obligation, the deleted text begin local correctionaldeleted text end new text begin probationnew text end agency new text begin or
commissioner new text end may deleted text begin alsodeleted text end new text begin simultaneouslynew text end collect a deleted text begin localdeleted text end correctional feenew text begin , subject to subdivision
4new text end .
Subd. 6.
deleted text begin Use ofdeleted text end new text begin Usingnew text end fees.
deleted text begin The localdeleted text end new text begin (a) Except as provided under paragraph (b), clause
(1), for a probation agency and the Department of Corrections,new text end correctional fees deleted text begin shalldeleted text end new text begin mustnew text end
be used by the deleted text begin local correctionaldeleted text end agency new text begin or the department new text end to pay the costs of local
correctional servicesdeleted text begin . Local correctional fees maydeleted text end new text begin but mustnew text end not be used to supplant existing
local funding for local correctional services.
new text begin
(b) Correctional fees must be deposited as follows:
new text end
new text begin
(1) correctional fees collected by Department of Corrections agents providing felony
supervision under section 244.20 go to the general fund; and
new text end
new text begin
(2) all other correctional fees collected by Department of Corrections agents and probation
agents go to the county or Tribal Nation treasurer in the county or Tribal Nation where
supervision is provided, as applicable under section 244.19, subdivision 1f.
new text end
new text begin Subd. 7. new text end
new text begin Annual report. new text end
new text begin
(a) By January 15 each year, the commissioner must submit
an annual report on implementing the commissioner's duties under this section to the chairs
and ranking minority members of the senate and house of representatives committees and
divisions with jurisdiction over criminal justice funding and policy. At a minimum, the
report must include information on the types of correctional services for which fees were
imposed, the aggregate amount of fees imposed, and the amount of fees collected.
new text end
new text begin
(b) This subdivision expires August 1, 2027.
new text end
new text begin Subd. 8. new text end
new text begin Treatment fee for sex offenders. new text end
new text begin
(a) The commissioner may authorize providers
of sex offender treatment to charge and collect treatment co-pays from all offenders in their
treatment program, with a co-pay assessed to each offender based on a fee schedule approved
by the commissioner.
new text end
new text begin
(b) Fees collected under this subdivision must be used by the treatment provider to fund
the cost of treatment.
new text end
new text begin Subd. 9. new text end
new text begin Sunsetting supervision fees; sunset plan. new text end
new text begin
(a) By August 1, 2025, each probation
agency must provide to the commissioner a written plan for phasing out supervision fees
for individuals under the agency's supervision and control, and the commissioner must
review and approve the plan by August 1, 2027. By August 1, 2027, the commissioner must
develop a written plan for phasing out supervision fees for individuals under the
commissioner's supervision and control.
new text end
new text begin
(b) A copy of an approved plan must be provided to all individuals under the supervision
and control of the agency or the commissioner and in a language and manner that each
individual can understand.
new text end
new text begin
(c) Supervision fees must not be increased from August 1, 2023, through July 31, 2027.
new text end
new text begin
(d) This subdivision expires August 1, 2027.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 244.19, is amended to read:
244.19 PROBATION new text begin SERVICES AND new text end OFFICERS.
Subdivision 1.
deleted text begin Appointment; joint services; state servicesdeleted text end new text begin Probation services; how
provided for CPO and non-CPO jurisdictionsnew text end .
deleted text begin
(a) If a county or group of counties has
established a human services board pursuant to chapter 402, the district court may appoint
one or more county probation officers as necessary to perform court services, and the human
services board shall appoint persons as necessary to provide correctional services within
the authority granted in chapter 402. In all counties of more than 200,000 population, which
have not organized pursuant to chapter 402, the district court shall appoint one or more
persons of good character to serve as county probation officers during the pleasure of the
court. All other counties shall provide adult misdemeanant and juvenile probation services
to district courts in one of the following ways:
deleted text end
new text begin
(a) If a county or Tribal Nation is not a Community Corrections Act jurisdiction under
chapter 401, the county must, or the Tribal Nation may, provide adult misdemeanant and
juvenile probation services to district courts according to subdivision 1b.
new text end
new text begin
(b) This section applies to CPO and non-CPO jurisdictions.
new text end
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end
new text begin
(b) "CPO jurisdiction" means:
new text end
new text begin
(1) a county or Tribal Nation providing probation services under subdivision 1b,
paragraph (b); or
new text end
new text begin
(2) a group of counties or Tribal Nations providing probation services under subdivision
1b, paragraph (c).
new text end
new text begin
(c) "Non-CPO jurisdiction" means a county, Tribal Nation, group of counties, or group
of Tribal Nations receiving probation services under subdivision 1b, paragraph (d).
new text end
new text begin
(d) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.
new text end
new text begin Subd. 1b. new text end
new text begin CPO and non-CPO jurisdictions; establishment. new text end
new text begin
(a) Adult misdemeanant
and juvenile probation services for CPO and non-CPO jurisdictions must be provided
according to this subdivision.
new text end
deleted text begin (1)deleted text end new text begin (b)new text end The court, with the approval of the county boardsnew text begin or respective Tribal Nation
governmentsnew text end , may appoint one or more salaried county new text begin or Tribal new text end probation officers to serve
deleted text begin duringdeleted text end new text begin atnew text end the pleasure of the courtdeleted text begin ;deleted text end new text begin .
new text end
deleted text begin (2) whendeleted text end new text begin (c) Ifnew text end two or more counties new text begin or Tribal Nations new text end offer probation servicesnew text begin ,new text end the
district court through the county boards new text begin or respective Tribal Nation governments new text end may appoint
common salaried county new text begin or Tribal new text end probation officers to serve in the deleted text begin severaldeleted text end countiesdeleted text begin ;deleted text end new text begin or
Tribal Nations, or both, if applicable.
new text end
deleted text begin (3)deleted text end new text begin (d)new text end A county or deleted text begin a district courtdeleted text end new text begin Tribal Nationnew text end may request the commissioner of
corrections to furnish probation services in accordance with deleted text begin the provisions ofdeleted text end this section,
and the commissioner deleted text begin of corrections shalldeleted text end new text begin must new text end furnish deleted text begin suchdeleted text end new text begin thenew text end services to any county or
deleted text begin courtdeleted text end new text begin Tribal Nationnew text end that fails to provide its own probation officer deleted text begin by one of the two procedures
listed above;deleted text end new text begin according to paragraph (b) or (c).
new text end
deleted text begin (4)deleted text end new text begin (e)new text end If a county or deleted text begin district courtdeleted text end new text begin Tribal Nationnew text end providing probation services under
deleted text begin clause (1) or (2)deleted text end new text begin paragraph (b) or (c)new text end asks the commissioner deleted text begin of corrections or the legislative
body for the state of Minnesota mandates the commissioner of correctionsdeleted text end to furnish
probation services deleted text begin to the district courtdeleted text end new text begin or the legislature mandates the commissioner to
furnish probation servicesnew text end , the probation officers and other employees displaced by the
changeover deleted text begin shalldeleted text end new text begin mustnew text end be employed by the commissioner deleted text begin of correctionsdeleted text end new text begin at no loss of salarynew text end .
Years of service in the countynew text begin or Tribalnew text end probation department are to be given full credit for
future sick leave and vacation accrual purposesdeleted text begin ;deleted text end new text begin . This paragraph applies to the extent
consistent with state and Tribal law.
new text end
deleted text begin
(5) all probation officers serving the juvenile courts on July 1, 1972, shall continue to
serve in the county or counties they are now serving.
deleted text end
new text begin
(f) If a county or Tribal Nation receiving probation services under paragraph (d) decides
to provide the services under paragraph (b) or (c), the probation officers and other employees
displaced by the changeover must be employed by the county or Tribal Nation at no loss
of salary. Years of service in the state are to be given full credit for future sick leave and
vacation accrual purposes. This paragraph applies to the extent consistent with state and
Tribal law.
new text end
new text begin
(g) In accordance with this section, a Tribal Nation may elect to provide probation
services to the following individuals in any Tribal Nation or county in which the individuals
reside:
new text end
new text begin
(1) an individual who is enrolled or eligible to be enrolled in a Tribal Nation; and
new text end
new text begin
(2) an individual who resides in an enrolled member's household.
new text end
new text begin Subd. 1c. new text end
new text begin Community supervision funding; eligibility for funding formula. new text end
new text begin
(a) A
CPO jurisdiction:
new text end
new text begin
(1) must collaborate with the commissioner to develop a comprehensive plan under
section 401.06; and
new text end
new text begin
(2) is subject to all applicable eligibility provisions under chapter 401 necessary to
receive a subsidy under section 401.10.
new text end
new text begin
(b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is
not a Community Corrections Act jurisdiction under chapter 401, and the commissioner:
new text end
new text begin
(1) is appropriated the jurisdiction's share of funding under section 401.10 for providing
probation services; and
new text end
new text begin
(2) may seek reimbursement from the jurisdiction according to subdivision 5a.
new text end
new text begin Subd. 1d. new text end
new text begin
Commissioner of corrections; reimbursing CPO and non-CPO
jurisdictions.
new text end
new text begin
As calculated by the community supervision formula under section 401.10,
the commissioner must:
new text end
new text begin
(1) reimburse a CPO jurisdiction for the cost that the jurisdiction assumes under this
section for providing probation services, including supervising juveniles committed to the
commissioner of corrections; and
new text end
new text begin
(2) reimburse a non-CPO jurisdiction for the commissioner's provision of probation
services to the jurisdiction under this section.
new text end
new text begin Subd. 1e. new text end
new text begin Commissioner of management and budget. new text end
deleted text begin (b)deleted text end new text begin (a)new text end The commissioner of
management and budget deleted text begin shalldeleted text end new text begin mustnew text end place employees transferred to state service under
deleted text begin paragraph (a), clause (4)deleted text end new text begin subdivision 1b, paragraph (e)new text end , in the proper classifications in the
classified service. Each employee is appointed without examination at no loss in salary or
accrued vacation or sick leave benefits, but no additional accrual of vacation or sick leave
benefits may occur until the employee's total accrued vacation or sick leave benefits fall
below the maximum permitted by the state for the employee's position.
new text begin (b)new text end An employee appointed under deleted text begin paragraph (a), clause (4), shalldeleted text end new text begin subdivision 1b,
paragraph (e), mustnew text end serve anew text begin six-monthnew text end probationary period deleted text begin of six monthsdeleted text end . deleted text begin After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final.deleted text end new text begin If an employee is not certified after the probationary period, the employee
may appeal for a hearing within ten days to the commissioner of management and budget,
who may uphold the decision not to certify, extend the probationary period, or certify the
employee. An employee may not appeal the commissioner's initial decision until after
exhausting labor contract remedies, and the commissioner's decision is final after appeal.
new text end
new text begin (c)new text end The state deleted text begin shalldeleted text end new text begin mustnew text end negotiate new text begin the employees' seniority new text end with the exclusive
representative for the bargaining unit to which the employees are transferred deleted text begin regarding their
senioritydeleted text end . For purposes of computing seniority among those employees transferring from
one county unit only, a transferred employee retains the same seniority position as the
employee had within that county's probation office.
new text begin Subd. 1f. new text end
new text begin Tribal Nations; sovereignty; state consultation. new text end
new text begin
(a) Nothing in this chapter
relating to probation services is intended to infringe on the sovereignty of a Tribal Nation.
Notwithstanding any other law to the contrary and to the extent consistent with a Tribal
Nation's sovereignty, a Tribal Nation is subject to the same requirements and has the same
authority as a county providing or receiving probation services under this section.
new text end
new text begin
(b) The Department of Corrections and Minnesota Management and Budget must consult
with Tribal Nations and offer guidance as necessary to implement and fulfill the purposes
of this chapter.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Sufficiency of services. deleted text end
deleted text begin
Probation services shall be sufficient in amount to
meet the needs of the district court in each county. County probation officers serving district
courts in all counties of not more than 200,000 population shall also, pursuant to subdivision
3, provide probation and parole services to wards of the commissioner of corrections resident
in their counties. To provide these probation services counties containing a city of 10,000
or more population shall, as far as practicable, have one probation officer for not more than
35,000 population; in counties that do not contain a city of such size, the commissioner of
corrections shall, after consultation with the chief judge of the district court and the county
commissioners and in the light of experience, establish probation districts to be served by
one officer.
deleted text end
deleted text begin
All probation officers appointed for any district court or community corrections agency
shall be selected from a list of eligible candidates who have minimally qualified according
to the same or equivalent examining procedures as used by the commissioner of management
and budget to certify eligibles to the commissioner of corrections in appointing parole
agents, and the Department of Management and Budget shall furnish the names of such
candidates on request. This subdivision shall not apply to a political subdivision having a
civil service or merit system unless the subdivision elects to be covered by this subdivision.
deleted text end
Subd. 3.
new text begin Probation officers; new text end powers and duties.
deleted text begin
All county probation officers serving
a district court shall act under the orders of the court in reference to any person committed
to their care by the court, and in the performance of their duties shall have the general powers
of a peace officer; and it shall be their duty to make such investigations with regard to any
person as may be required by the court before, during, or after the trial or hearing, and to
furnish to the court such information and assistance as may be required; to take charge of
any person before, during or after trial or hearing when so directed by the court, and to keep
such records and to make such reports to the court as the court may order.
deleted text end
deleted text begin
All county probation officers serving a district court shall, in addition, provide probation
and parole services to wards of the commissioner of corrections resident in the counties
they serve, and shall act under the orders of said commissioner of corrections in reference
to any ward committed to their care by the commissioner of corrections.
deleted text end
deleted text begin
All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
deleted text end
deleted text begin
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency.
deleted text end
deleted text begin
All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections. The reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).
deleted text end
new text begin
All county and Tribal Nation probation officers serving a district court:
new text end
new text begin
(1) must:
new text end
new text begin
(i) act under the orders of the court in reference to any person committed to their care
by the court;
new text end
new text begin
(ii) provide probation services, including supervising juveniles committed to the
commissioner of corrections, for all individuals on probation who reside in the counties and
Tribal Nations that the officers serve;
new text end
new text begin
(iii) act under the orders of the commissioner in reference to any juvenile committed to
their care by the commissioner;
new text end
new text begin
(iv) under the direction of the authority having power to appoint them, initiate programs
for the welfare of persons coming within the jurisdiction of the court to prevent delinquency
and crime and to rehabilitate within the community persons who come within the jurisdiction
of the court and are properly subject to efforts to accomplish prevention and rehabilitation;
and
new text end
new text begin
(v) under the direction of the court, cooperate with all law enforcement agencies, schools,
child welfare agencies of a public or private character, and other groups concerned with
preventing crime and delinquency and rehabilitating persons convicted of crime and
delinquency;
new text end
new text begin
(2) in the performance of their duties have the general powers of a peace officer; and
new text end
new text begin
(3) are responsible for:
new text end
new text begin
(i) investigating any person as may be required by the court before, during, or after the
trial or hearing and furnishing to the court information and assistance as may be required;
new text end
new text begin
(ii) supervising any person before, during, or after trial or hearing when directed by the
court; and
new text end
new text begin
(iii) keeping records and making reports to the court as the court may order.
new text end
Subd. 5.
new text begin Commissioner new text end compensationnew text begin to non-CPO jurisdictionnew text end .
deleted text begin In counties of more
than 200,000 population, a majority of the judges of the district court may direct the payment
of such salary to probation officers as may be approved by the county board, and in addition
thereto shall be reimbursed for all necessary expenses incurred in the performance of their
official duties. In all counties which obtain probation services from the commissioner of
correctionsdeleted text end new text begin For a non-CPO jurisdiction,new text end the commissioner deleted text begin shalldeleted text end new text begin mustnew text end , out of appropriations
provided deleted text begin therefordeleted text end new text begin under subdivision 5a, paragraph (b)new text end , pay probation officers the salary and
all benefits fixed by the state law or applicable bargaining unit and all necessary expenses,
including secretarial service, office equipment and supplies, postage, telephone deleted text begin and telegraphdeleted text end
services, and travel and subsistence.
new text begin Subd. 5a. new text end
new text begin
Department of Corrections billing; CPO and non-CPO jurisdiction
reimbursement.
new text end
new text begin
(a) At least every six months, the commissioner must bill for the total cost
and expenses incurred by the commissioner on behalf of each non-CPO jurisdiction that
has received probation services. The commissioner must notify each non-CPO jurisdiction
of the cost and expenses, and the jurisdiction must pay to the commissioner the amount due
for reimbursement.
new text end
new text begin (b)new text end Each deleted text begin county receiving probation services from the commissioner of corrections shalldeleted text end new text begin
CPO and non-CPO jurisdiction mustnew text end reimburse the Department of Corrections for the total
cost and expenses of deleted text begin suchdeleted text end new text begin the probationnew text end services as incurred by the commissioner deleted text begin of
correctionsdeleted text end new text begin , excluding the cost and expense of services provided under the state's obligation
for adult felony supervision in section 244.20new text end . deleted text begin Total annual costs for each county shall be
that portion of the total costs and expenses for the services of one probation officer
represented by the ratio which the county's population bears to the total population served
by one officer. For the purposes of this section, the population of any county shall be the
most recent estimate made by the Department of Health. At least every six months the
commissioner of corrections shall bill for the total cost and expenses incurred by the
commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deposited in the general fund.deleted text end new text begin Money received under this paragraph from a non-CPO
jurisdiction must be annually appropriated to the commissioner for providing probation
services to the jurisdiction.
new text end
new text begin (c)new text end Objections by a deleted text begin countydeleted text end new text begin non-CPO jurisdiction new text end to all allocation of deleted text begin suchdeleted text end cost and
expenses deleted text begin shalldeleted text end new text begin mustnew text end be presented to and determined by the commissioner deleted text begin of correctionsdeleted text end .
deleted text begin Each county providing probation services under this section is hereby authorized to use
unexpended funds and to levy additional taxes for this purpose.
deleted text end
new text begin
(d) In addition to the billing and reimbursement requirements under this section, invoicing
and payments for probation services are as provided under sections 401.14 and 401.15.
new text end
new text begin Subd. 5b. new text end
new text begin Office assistance. new text end
The county commissioners of any county of not more than
200,000 population shall, when requested to do so by the juvenile judge, provide probation
officers with suitable offices, and may provide equipment, and secretarial help needed to
render the required services.
deleted text begin Subd. 6. deleted text end
deleted text begin Reimbursement of counties. deleted text end
deleted text begin
In order to reimburse the counties for the cost
which they assume under this section of providing probation and parole services to wards
of the commissioner of corrections and to aid the counties in achieving the purposes of this
section, the commissioner of corrections shall annually, from funds appropriated for that
purpose, pay 50 percent of the costs of probation officers' salaries to all counties of not more
than 200,000 population. Nothing in this section will invalidate any payments to counties
made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but
only to the extent that fringe benefits do not exceed those provided for state civil service
employees. On or before July 1 of each even-numbered year each county or group of counties
which provide their own probation services to the district court under subdivision 1, clause
(1) or (2), shall submit to the commissioner of corrections an estimate of its costs under this
section. Reimbursement to those counties shall be made on the basis of the estimate or actual
expenditures incurred, whichever is less. Reimbursement for those counties which obtain
probation services from the commissioner of corrections pursuant to subdivision 1, clause
(3), must be made on the basis of actual expenditures. Salary costs shall not be reimbursed
unless county probation officers are paid salaries commensurate with the salaries paid to
comparable positions in the classified service of the state civil service. The salary range to
which each county probation officer is assigned shall be determined by the authority having
power to appoint probation officers, and shall be based on the officer's length of service
and performance. The appointing authority shall annually assign each county probation
officer to a position on the salary scale commensurate with the officer's experience, tenure,
and responsibilities. The judge shall file with the county auditor an order setting each county
probation officer's salary. Time spent by a county probation officer as a court referee shall
not qualify for reimbursement. Reimbursement shall be prorated if the appropriation is
insufficient. A new position eligible for reimbursement under this section may not be added
by a county without the written approval of the commissioner of corrections. When a new
position is approved, the commissioner shall include the cost of the position in calculating
each county's share.
deleted text end
deleted text begin Subd. 7. deleted text end
deleted text begin Certificate of counties entitled to state aid. deleted text end
deleted text begin
On or before January 1 of each
year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall
deliver to the commissioner of management and budget a certificate in duplicate for each
deleted text end
deleted text begin
county of the state entitled to receive state aid under the provisions of this section. Upon
the receipt of such certificate, the commissioner of management and budget shall issue a
payment to the county treasurer for the amount shown by each certificate to be due to the
county specified. The commissioner of management and budget shall transmit such payment
to the county treasurer together with a copy of the certificate prepared by the commissioner
of corrections.
deleted text end
deleted text begin Subd. 8. deleted text end
deleted text begin Exception. deleted text end
deleted text begin
This section shall not apply to Ramsey County.
deleted text end
Sec. 5.
Minnesota Statutes 2022, section 244.195, is amended to read:
244.195 deleted text begin DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL
RELEASEES, AND PRETRIAL RELEASEESdeleted text end new text begin DEFINITIONSnew text end .
Subdivision 1.
deleted text begin Definitionsdeleted text end new text begin Scopenew text end .
deleted text begin (a) As used in this subdivisiondeleted text end new text begin For purposes of sections
244.195 to 244.24new text end , the deleted text begin followingdeleted text end terms new text begin defined in this section new text end have the meanings given
them.
deleted text begin
(b) "Commissioner" means the commissioner of corrections.
deleted text end
deleted text begin
(c) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.
deleted text end
deleted text begin
(d) "Court services director" means the director or designee of a county probation agency
that is not organized under chapter 401.
deleted text end
deleted text begin
(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.
deleted text end
deleted text begin
(f) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
deleted text end
deleted text begin
(g) "Release" means to release from actual custody.
deleted text end
deleted text begin Subd. 2. deleted text end
deleted text begin Detention pending hearing. deleted text end
deleted text begin
When it appears necessary to enforce discipline
or to prevent a person on conditional release from escaping or absconding from supervision,
a court services director has the authority to issue a written order directing any peace officer
or any probation officer in the state serving the district and juvenile courts to detain and
bring the person before the court or the commissioner, whichever is appropriate, for
disposition. This written order is sufficient authority for the peace officer or probation officer
to detain the person for not more than 72 hours, excluding Saturdays, Sundays, and holidays,
pending a hearing before the court or the commissioner.
deleted text end
deleted text begin Subd. 3. deleted text end
deleted text begin Release before hearing. deleted text end
deleted text begin
A court services director has the authority to issue a
written order directing any peace officer or probation officer serving the district and juvenile
courts in the state to release a person detained under subdivision 2 within 72 hours, excluding
Saturdays, Sundays, and holidays, without an appearance before the court or the
commissioner. This written order is sufficient authority for the peace officer or probation
officer to release the detained person.
deleted text end
deleted text begin Subd. 4. deleted text end
deleted text begin Detention of pretrial releasee. deleted text end
deleted text begin
A court services director has the authority to
issue a written order directing any peace officer or any probation officer serving the district
and juvenile courts in the state to detain any person on court-ordered pretrial release who
absconds from pretrial release or fails to abide by the conditions of pretrial release. A written
order issued under this subdivision is sufficient authority for the peace officer or probation
officer to detain the person.
deleted text end
new text begin Subd. 6. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of corrections.
new text end
new text begin Subd. 7. new text end
new text begin Detain. new text end
new text begin
"Detain" means to take into actual custody, including custody within
a local correctional facility.
new text end
new text begin Subd. 8. new text end
new text begin Probation. new text end
new text begin
"Probation" has the meaning given in section 609.02, subdivision
15.
new text end
new text begin Subd. 9. new text end
new text begin Probation agency. new text end
new text begin
"Probation agency" means an entity supervising an individual
on probation, which may include the Department of Corrections field services or an agency,
including a Tribal Nation, organized under section 244.19 or chapter 401.
new text end
new text begin Subd. 10. new text end
new text begin Probation officer. new text end
new text begin
"Probation officer" means a county or Tribal probation
officer or community supervision officer employed by a probation agency.
new text end
new text begin Subd. 11. new text end
new text begin Probation violation sanction. new text end
new text begin
"Probation violation sanction":
new text end
new text begin
(1) includes but is not limited to electronic monitoring, intensive probation, sentencing
to service, reporting to a day reporting center, substance use disorder or mental health
treatment or counseling, community work service, remote electronic alcohol monitoring,
random drug testing, and participation in an educational or restorative justice program; and
new text end
new text begin
(2) does not include any type of custodial sanction, including but not limited to detention
and incarceration.
new text end
new text begin Subd. 12. new text end
new text begin Release. new text end
new text begin
"Release" means to release from actual custody.
new text end
new text begin Subd. 13. new text end
new text begin Sanctions conference. new text end
new text begin
"Sanctions conference" means a voluntary conference
at which a probation officer; an individual on probation; and, if appropriate, other interested
parties meet to discuss the probation violation sanction imposed because of the individual's
technical violation.
new text end
new text begin Subd. 14. new text end
new text begin Sanctions conference form. new text end
new text begin
"Sanctions conference form" means a
plain-language form developed by a probation agency with the approval of the district court
that explains the sanctions conference and that the individual on probation may elect to
participate in the sanctions conference or proceed to a judicial hearing.
new text end
new text begin Subd. 15. new text end
new text begin Technical violation. new text end
new text begin
"Technical violation" means any violation of a court
order of probation, except an allegation of a subsequent criminal act that is alleged in a
formal complaint, citation, or petition.
new text end
Sec. 6.
new text begin
[244.1951] DETENTION AND RELEASE; INTERMEDIATE SANCTIONS;
SUPERVISION CONTACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Detention pending hearing. new text end
new text begin
(a) If necessary to enforce discipline or to
prevent an individual on probation from escaping or absconding from supervision, a probation
agency has the authority to issue a written order directing any peace officer or any probation
officer in the state serving the district and juvenile courts to detain and bring the individual
before the court or the commissioner, whichever is appropriate, for disposition.
new text end
new text begin
(b) If an individual on probation commits a violation under section 609.14, subdivision
1a, paragraph (a), the probation agency must have a reasonable belief before issuing the
order that:
new text end
new text begin
(1) the order is necessary to prevent the person from escaping or absconding from
supervision; or
new text end
new text begin
(2) the continued presence of the person in the community presents the potential to cause
further harm to the public or self.
new text end
new text begin
(c) An order under this subdivision is sufficient authority for the peace officer or probation
officer to detain the person for no more than 72 hours, excluding Saturdays, Sundays, and
holidays, pending a hearing before the court or the commissioner.
new text end
new text begin Subd. 2. new text end
new text begin Release before hearing. new text end
new text begin
(a) A probation agency has the authority to issue a
written order directing any peace officer or any probation officer serving the district and
juvenile courts in the state to release a person detained under subdivision 1 within 72 hours,
excluding Saturdays, Sundays, and holidays, without an appearance before the court or the
commissioner.
new text end
new text begin
(b) An order under this subdivision is sufficient authority for the peace officer or
probation officer to release the detained person.
new text end
new text begin Subd. 3. new text end
new text begin Detaining pretrial releasee. new text end
new text begin
(a) A probation agency has the authority to issue
a written order directing any peace officer or any probation officer serving the district and
juvenile courts in the state to detain any person on court-ordered pretrial release who absconds
from pretrial release or fails to abide by the conditions of pretrial release.
new text end
new text begin
(b) An order issued under this subdivision is sufficient authority for the peace officer or
probation officer to detain the person.
new text end
new text begin Subd. 4. new text end
new text begin Intermediate sanctions. new text end
new text begin
(a) Unless the district court directs otherwise, a
probation officer may require a person committed to the officer's care by the court to perform
community work service for violating a court-imposed condition of probation. Community
work service may be imposed to deter behaviors that place the public at risk or to aid the
person's rehabilitation, or both.
new text end
new text begin
(b) Community work service may be imposed as follows:
new text end
new text begin
(1) a probation officer may impose up to eight hours of community work service for
each violation and up to a total of 24 hours per person per 12-month period, beginning on
the date on which community work service is first imposed; and
new text end
new text begin
(2) the officer's probation agency may authorize an additional 40 hours of community
work service, for a total of 64 hours per person per 12-month period, beginning with the
date on which community work service is first imposed.
new text end
new text begin
(c) If community work service is imposed, a probation officer must provide written
notice to the person in their care that states:
new text end
new text begin
(1) the condition of probation that has been violated;
new text end
new text begin
(2) the number of hours of community work service imposed for the violation; and
new text end
new text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
new text end
new text begin
(d) A person on probation supervision may challenge the imposition of community work
service by filing a petition in district court within five days of receiving written notice that
community work service is being imposed. If the person challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that imposing community work service is reasonable under the circumstances.
new text end
new text begin
(e) For purposes of this subdivision, "community work service" includes sentencing to
service.
new text end
new text begin Subd. 5. new text end
new text begin Supervision contacts. new text end
new text begin
Supervision contacts or appointments may be conducted
over videoconference technology in accordance with the probation agency's established
policy.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 244.197, is amended to read:
244.197 deleted text begin INITIATION OFdeleted text end new text begin INITIATINGnew text end SANCTIONS CONFERENCE.
Subdivision 1.
Authoritynew text begin ; scopenew text end .
new text begin (a) new text end Unless the district court directs otherwise, a
probation agency may use a sanctions conference to address deleted text begin an offender'sdeleted text end new text begin anew text end technical violation
of deleted text begin probationdeleted text end new text begin an individual on probation. If a sanctions conference is used, sections 244.197
to 244.1995 applynew text end .
new text begin
(b) Sections 244.197 to 244.1995 apply to both adults and juveniles on probation.
new text end
Subd. 2.
new text begin Violation new text end notice deleted text begin of violationdeleted text end .
deleted text begin Whendeleted text end new text begin (a) Ifnew text end a probation agency has reason to
believe that deleted text begin an offenderdeleted text end new text begin an individual on probationnew text end has committed a technical violation deleted text begin of
probationdeleted text end , the agency deleted text begin shalldeleted text end new text begin must:
new text end
new text begin (1)new text end notify the deleted text begin offenderdeleted text end new text begin individualnew text end in writing of the specific nature of the technical
violationnew text begin ;new text end and deleted text begin the scheduling of
deleted text end
new text begin (2) schedulenew text end a sanctions conferencedeleted text begin , including the date, time, and location of the sanctions
conferencedeleted text end .
new text begin (b)new text end The notice deleted text begin shalldeleted text end new text begin mustnew text end also state that if the deleted text begin offenderdeleted text end new text begin individual on probationnew text end fails to
appear at the sanctions conference, the probation agency may apprehend and detain the
deleted text begin offenderdeleted text end new text begin individualnew text end under section deleted text begin 244.195deleted text end new text begin 244.1951new text end and ask the court to deleted text begin commencedeleted text end new text begin initiatenew text end
revocation proceedings under section 609.14 and rule 27.04 of the Rules of Criminal
Procedure.
new text begin (c)new text end To the extent feasible, the sanctions conference must take place within seven days
deleted text begin of mailing of the notice todeleted text end new text begin afternew text end the deleted text begin offenderdeleted text end new text begin individual on probation is mailed the notice.
The notice must include the conference's date, time, and locationnew text end .
Subd. 3.
new text begin Providing new text end sanctions conferencenew text begin form; signed stipulationnew text end .
At deleted text begin thedeleted text end new text begin anew text end sanctions
conference, deleted text begin the countydeleted text end new text begin anew text end probation officer deleted text begin shalldeleted text end new text begin mustnew text end provide the deleted text begin offenderdeleted text end new text begin individual on
probationnew text end with a copy of a sanctions conference form deleted text begin explaining the sanctions conference
and the offender's options for proceedingdeleted text end . The deleted text begin offenderdeleted text end new text begin individualnew text end mustnew text begin :
new text end
new text begin (1)new text end stipulatedeleted text begin ,deleted text end in writingdeleted text begin ,deleted text end that the deleted text begin offender hasdeleted text end new text begin individual:
new text end
new text begin (i) hasnew text end received a copy of the sanctions conference formnew text begin ;new text end and deleted text begin that the offender understands
deleted text end
new text begin (ii) understandsnew text end the information deleted text begin containeddeleted text end in the form and the options available to deleted text begin the
offender. The offender also mustdeleted text end new text begin the individual; and
new text end
new text begin (2)new text end declaredeleted text begin ,deleted text end in writingdeleted text begin , the offender's decision to eitherdeleted text end new text begin whether the individual willnew text end
participate in the sanctions conference or proceed with a judicial hearing.
Sec. 8.
Minnesota Statutes 2022, section 244.198, is amended to read:
244.198 deleted text begin PARTICIPATIONdeleted text end new text begin PARTICIPATINGnew text end IN SANCTIONS CONFERENCE.
Subdivision 1.
deleted text begin Electiondeleted text end new text begin Electingnew text end to participate.
If deleted text begin the offenderdeleted text end new text begin an individual on
probationnew text end elects to participate in the sanctions conference, the deleted text begin countydeleted text end new text begin individual'snew text end probation
officer deleted text begin shalldeleted text end new text begin mustnew text end inform the deleted text begin offender,deleted text end new text begin individual:
new text end
new text begin (1)new text end orally deleted text begin anddeleted text end new text begin ,new text end in writing, new text begin and in a language and manner that the individual can understand
new text end of the probation violation sanction that the deleted text begin countydeleted text end probation officer is recommending for
the technical violation deleted text begin of probation. The county probation officer shall inform the offenderdeleted text end new text begin ;
and
new text end
new text begin (2)new text end that the probation violation sanction becomes effective deleted text begin upon confirmationdeleted text end new text begin when
confirmednew text end by a new text begin district court new text end judge deleted text begin of the district courtdeleted text end .
Subd. 1a.
Alternatives to incarceration.
deleted text begin
At a sanctions conference regarding a
nonviolent controlled substance offender, when the offender does not present a risk to the
public and the offender is amenable to continued supervision in the community, a probation
agency must identify community options to address and correct the violation including, but
not limited to, inpatient substance use disorder treatment. If the agency determines that
community options are appropriate, the county probation officer shall recommend a sanction
that incorporates those options. For purposes of this subdivision, "nonviolent controlled
substance offender" is a person who meets the criteria described under section 244.0513,
subdivision 2, clauses (1), (2), and (5).
deleted text end
new text begin
(a) At a sanctions conference for a nonviolent controlled substance offender, a probation
agency must identify community options to address and correct an offender's technical
violation only if:
new text end
new text begin
(1) the offender does not present a risk to the public; and
new text end
new text begin
(2) the offender is amenable to continued supervision in the community.
new text end
new text begin
(b) If the probation agency determines that community options are appropriate and
available in the state, the probation officer must recommend a probation violation sanction
that incorporates the community options.
new text end
new text begin
(c) For purposes of this subdivision, "nonviolent controlled substance offender" means
an individual who meets the criteria under section 244.0513, subdivision 2, clauses (1), (2),
and (5).
new text end
Subd. 2.
Report to district court.
new text begin (a) new text end If deleted text begin the offenderdeleted text end new text begin an individual on probationnew text end elects
to participate in the sanctions conference, the deleted text begin countydeleted text end probation officer conducting the
sanctions conference deleted text begin shalldeleted text end new text begin mustnew text end provide a report to the district court containing:
(1) the specific nature of the technical violation deleted text begin of probationdeleted text end ;
(2) the notice provided to the deleted text begin offender of the technical violation of probation and the
scheduling of the sanctions conferencedeleted text end new text begin individual under section 244.197, subdivision 2new text end ;
(3) a copy of the deleted text begin offender'sdeleted text end new text begin individual'snew text end signed stipulation deleted text begin indicating that the offender
received a copy of the sanctions conference form and understood itdeleted text end new text begin and declaration under
section 244.197, subdivision 3new text end ;new text begin and
new text end
deleted text begin
(4) a copy of the offender's written declaration to participate in the sanctions conference;
and
deleted text end
deleted text begin (5)deleted text end new text begin (4)new text end the recommended probation violation sanctionnew text begin under subdivision 1 or 1anew text end .
new text begin (b) new text end The recommended probation violation sanction deleted text begin becomesdeleted text end new text begin isnew text end effective when confirmed
by a judgedeleted text begin .deleted text end new text begin , andnew text end the order of the court deleted text begin shall bedeleted text end new text begin isnew text end proof of deleted text begin suchdeleted text end confirmation.
Subd. 3.
Response to district court action.
(a) deleted text begin Upon the county probation officer's
receipt of a confirmed order by the judgedeleted text end new text begin If a probation officer receives a judge's confirmed
ordernew text end , the deleted text begin county probationdeleted text end officer deleted text begin shalldeleted text end new text begin mustnew text end notify new text begin both new text end the deleted text begin offenderdeleted text end new text begin individual on probationnew text end
and the prosecuting authority in writing that the new text begin court has approved the new text end probation violation
sanction deleted text begin has been approved by the courtdeleted text end .
(b) If the court does not confirm the new text begin officer's new text end recommendation deleted text begin of the county probation
officer,deleted text end new text begin :
new text end
new text begin (1)new text end the probation violation sanction deleted text begin shalldeleted text end new text begin doesnew text end not go into effectdeleted text begin .deleted text end new text begin ;
new text end
new text begin (2)new text end the deleted text begin countydeleted text end probation officer deleted text begin shalldeleted text end new text begin mustnew text end notify the deleted text begin offenderdeleted text end new text begin individual on probationnew text end
that the court has not confirmed the sanctiondeleted text begin .deleted text end new text begin ; and
new text end
deleted text begin (c) If the court does not confirm the recommendation,deleted text end new text begin (3)new text end the deleted text begin countydeleted text end probation officer
may ask the court to deleted text begin commencedeleted text end new text begin initiatenew text end revocation proceedings under section 609.14.
Subd. 4.
Appeal.
deleted text begin An offenderdeleted text end new text begin An individual on probationnew text end may appeal the judge's
confirmation of the probation violation sanction as provided in rule 28.05 of the Rules of
Criminal Procedure.
Sec. 9.
Minnesota Statutes 2022, section 244.199, is amended to read:
244.199 deleted text begin ELECTIONdeleted text end new text begin ELECTINGnew text end NOT TO PARTICIPATE.
If deleted text begin the offenderdeleted text end new text begin an individual on probationnew text end elects not to participate in the sanctions
conference, the deleted text begin countydeleted text end probation officer maynew text begin :
new text end
new text begin (1)new text end ask the court to initiate revocation proceedings or refer the matter to the appropriate
prosecuting authority for action under section 609.14deleted text begin . The county probation officer also
maydeleted text end new text begin ; or
new text end
new text begin (2)new text end take action to apprehend and detain the deleted text begin offenderdeleted text end new text begin individualnew text end under section deleted text begin 244.195deleted text end new text begin
244.1951new text end .
Sec. 10.
Minnesota Statutes 2022, section 244.1995, is amended to read:
244.1995 SANCTIONS CONFERENCE PROCEDURES.
The chief executive officer of a deleted text begin local corrections agencydeleted text end new text begin probation agencynew text end , with approval
of the district court, deleted text begin shalldeleted text end new text begin mustnew text end develop procedures for the sanctions conference deleted text begin identified
indeleted text end new text begin undernew text end sections deleted text begin 244.196deleted text end new text begin 244.197new text end to 244.199deleted text begin ,deleted text end and develop a sanctions conference form
that includes notice to the deleted text begin offenderdeleted text end new text begin individual on probationnew text end :
(1) of the specific court-ordered condition of deleted text begin releasedeleted text end new text begin probationnew text end that the deleted text begin offenderdeleted text end new text begin individualnew text end
has allegedly violated, the probation officer's authority to ask the court to revoke the
deleted text begin offender'sdeleted text end new text begin individual'snew text end probation for the technical violation, and the deleted text begin offender'sdeleted text end new text begin individual'snew text end
right to elect to participate in a sanctions conference to address the technical violation in
lieu of the probation officer asking the court to revoke the deleted text begin offender'sdeleted text end new text begin individual'snew text end probation;
(2) that participation in the sanctions conference is in lieu of a court hearing under section
609.14deleted text begin ,deleted text end and thatdeleted text begin ,deleted text end if the deleted text begin offenderdeleted text end new text begin individualnew text end elects to participate in the sanctions conference,
the deleted text begin offenderdeleted text end new text begin individualnew text end must admit, or agree not to contest, the alleged technical violation
and must waive the right to contest the violation at a judicial hearing, present evidence, call
witnesses, cross-examine the state's witnesses, and be represented by counsel;
(3) that, if the deleted text begin offenderdeleted text end new text begin individualnew text end chooses, the deleted text begin offender has a rightdeleted text end new text begin individual is entitlednew text end
to a hearing before the court under section 609.14deleted text begin ,deleted text end for a determination of whether the
deleted text begin offenderdeleted text end new text begin individualnew text end committed the alleged violation, including the right to be present at the
hearing, to cross-examine witnesses, to have witnesses subpoenaed for the deleted text begin offenderdeleted text end new text begin
individualnew text end , to have an attorney present or to have an attorney appointed if the deleted text begin offenderdeleted text end new text begin
individualnew text end cannot afford one, and to require the state to prove the allegations against the
deleted text begin offenderdeleted text end new text begin individualnew text end ;
(4) that if, after a hearing, the court finds new text begin that new text end the violations have been proven, the court
may continue the sentence, subject to the same, modified, or additional conditions, or order
a sanction that may include incarceration, additional fines, revocation of the stay of sentence,
imposition of sentence, or other sanctions;
(5) that the decision to participate in the sanctions conference will not result in the
probation officer recommending revocation of the deleted text begin offender'sdeleted text end new text begin individual'snew text end stay of sentencedeleted text begin ,deleted text end
unless the deleted text begin offenderdeleted text end new text begin individual subsequentlynew text end fails to successfully complete the probation
violation sanctionnew text begin by a specified datenew text end ;
(6) that various types of probation violation sanctions may be imposed and that the
probation violation sanctions imposed on the deleted text begin offenderdeleted text end new text begin individualnew text end will depend on the nature
of the new text begin individual's new text end technical violation, deleted text begin the offender'sdeleted text end criminal history, and deleted text begin the offender'sdeleted text end
level of supervision;
(7) that the probation violation sanctions supplement any existing conditions of deleted text begin releasedeleted text end new text begin
probationnew text end ; and
(8) that participation in the sanctions conference requires deleted text begin completion ofdeleted text end new text begin completingnew text end all
probation violation sanctions imposed by the probation agencydeleted text begin ,deleted text end and that deleted text begin failuredeleted text end new text begin failingnew text end to
successfully complete deleted text begin thedeleted text end new text begin anynew text end imposed probation violation deleted text begin sanctionsdeleted text end new text begin sanctionnew text end could result
in additional sanctions or deleted text begin the commencement ofdeleted text end new text begin initiation ofnew text end revocation proceedings under
section 609.14.
Sec. 11.
Minnesota Statutes 2022, section 244.20, is amended to read:
244.20 PROBATIONnew text begin ; FELONYnew text end SUPERVISION.
Notwithstanding sections 244.19, deleted text begin subdivision 1deleted text end new text begin subdivisions 1 to 1dnew text end , and 609.135,
subdivision 1, the Department of Corrections deleted text begin shall havedeleted text end new text begin :
new text end
new text begin (1) hasnew text end exclusive responsibility for providing probation services for adult felons in
counties new text begin and Tribal Nations new text end that do not take part in the Community Corrections Actdeleted text begin . In
counties that do not take part in the Community Corrections Act, the responsibility for
providing probation services for individuals convicted of gross misdemeanor offenses shall
be discharged according to local judicial policy.deleted text end new text begin subsidy program under chapter 401; and
new text end
new text begin
(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted
under section 401.10 for providing felony probation services.
new text end
Sec. 12.
Minnesota Statutes 2022, section 244.21, is amended to read:
244.21 INFORMATION ON deleted text begin OFFENDERS UNDER SUPERVISIONdeleted text end new text begin INDIVIDUALS
ON PROBATIONnew text end ; REPORTS.
Subdivision 1.
deleted text begin Collection ofdeleted text end new text begin Collectingnew text end information by probation service providers;
report required.
deleted text begin By January 1, 1998,deleted text end new text begin (a)new text end Probation service providers deleted text begin shall begin collecting
and maintainingdeleted text end new text begin must collect and maintainnew text end information on deleted text begin offenders under supervision.deleted text end new text begin
individuals on probation, andnew text end the commissioner of corrections deleted text begin shalldeleted text end new text begin mustnew text end specify the nature
and extent of the information to be collectednew text begin and made available to the commissionernew text end .
new text begin (b) As a condition of state subsidy funding under section 401.10, each probation agency
mustnew text end by April 1 deleted text begin of everydeleted text end new text begin eachnew text end yeardeleted text begin , each probation service provider shalldeleted text end reportnew text begin :
new text end
new text begin (1)new text end a summary of the information collected to the commissionernew text begin under paragraph (a);
and
new text end
new text begin (2) any other probation- and supervision-related data necessary for the Department of
Corrections' mandated legislative reportsnew text end .
Subd. 2.
Commissioner of correctionsnew text begin ;new text end report.
By January 15deleted text begin , 1998deleted text end new text begin each yearnew text end , the
commissioner deleted text begin of corrections shalldeleted text end new text begin mustnew text end report to the chairs of the deleted text begin senate crime prevention
and house of representatives judiciarydeleted text end new text begin legislativenew text end committees new text begin with jurisdiction over public
safety policy and finance new text end on recommended methods of coordinating the exchange of
information collected on deleted text begin offendersdeleted text end new text begin individuals on probationnew text end under subdivision 1:
(1) between probation service providers; and
(2) between probation service providers and the Department of Correctionsdeleted text begin , without
requiring service providers to acquire uniform computer softwaredeleted text end .
Sec. 13.
Minnesota Statutes 2022, section 244.24, is amended to read:
244.24 deleted text begin CLASSIFICATION SYSTEM FOR ADULT OFFENDERSdeleted text end new text begin ASSESSING
RISK FOR INDIVIDUALS ON PROBATIONnew text end .
deleted text begin By February 1, 1998,deleted text end All probation agencies deleted text begin shalldeleted text end new text begin mustnew text end adopt written policies for
deleted text begin classifying adult offenders. The commissioner of corrections shall assist probation agencies
in locating organizations that may provide training and technical assistance to the agencies
concerning methods to develop and implement effective, valid classification systemsdeleted text end new text begin
assessing risk levels for individuals on probationnew text end .new text begin A probation agency must use a risk screener
and risk and needs assessment tools as prescribed by its written policies.
new text end
Sec. 14.
new text begin
[244.33] COMMUNITY SUPERVISION; TARGETED INNOVATION
GRANTS.
new text end
new text begin
(a) The community supervision targeted innovation grant account is established in the
special revenue fund in the state treasury. Appropriations and transfers to the account are
credited to the account. Earnings, such as interest, dividends, and any other earnings arising
from assets of the account, are credited to the account. Money remaining in the account at
the end of the fiscal year is not canceled to the general fund but remains in the account until
expended. Money in the account is annually appropriated to the commissioner.
new text end
new text begin
(b) The commissioner must award grants to applicants that operate, or intend to operate,
innovative programs that target specific aspects of community supervision that align with
risk, need, and responsivity principles. When awarding grants, the commissioner must seek
to ensure geographical and equitable representation across the state. The programs may
include but are not limited to:
new text end
new text begin
(1) access to community treatment options to address and correct behavior that is, or is
likely to result in, a technical violation of the conditions of supervision or release;
new text end
new text begin
(2) reentry services;
new text end
new text begin
(3) restorative justice;
new text end
new text begin
(4) juvenile diversion;
new text end
new text begin
(5) family-centered approaches to supervision;
new text end
new text begin
(6) funding the cost to implement programming and support services that decrease an
individual's level of risk for continued recidivism or revocation based on interventions found
effective through research-guided practices; and
new text end
new text begin
(7) alternatives to incarceration programs.
new text end
new text begin
(c) Grant recipients must provide an annual report to the commissioner that includes:
new text end
new text begin
(1) the services provided by the grant recipient;
new text end
new text begin
(2) the number of individuals served in the previous year and their supervision and risk
assessment levels;
new text end
new text begin
(3) measurable outcomes of the recipient's program; and
new text end
new text begin
(4) any other information required by the commissioner.
new text end
new text begin
(d) By January 15, 2025, and each year thereafter, the commissioner must report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
criminal justice policy and finance on how the grant funding in this section was used. The
report must detail the impact that the funding had on improving community supervision
practices and outcomes.
new text end
new text begin
(e) For any appropriation under this section, the commissioner may use up to five percent
of the appropriation to administer the grants.
new text end
Sec. 15.
Minnesota Statutes 2022, section 401.01, is amended to read:
401.01 new text begin COMMUNITY CORRECTIONS ACT; new text end PURPOSE AND DEFINITIONdeleted text begin ;
ASSISTANCE GRANTSdeleted text end .
Subdivision 1.
deleted text begin Grantsdeleted text end new text begin Subsidies for community-based correctional programsnew text end .
deleted text begin For
the purpose ofdeleted text end new text begin (a) Tonew text end more effectively deleted text begin protectingdeleted text end new text begin protectnew text end society and deleted text begin todeleted text end promote efficiency
and economy in deleted text begin the delivery ofdeleted text end new text begin deliveringnew text end correctional services, the commissioner deleted text begin is
authorized to make grants to assistdeleted text end new text begin may subsidizenew text end counties deleted text begin in the developmentdeleted text end new text begin and Tribal
Nations to help them developnew text end , deleted text begin implementationdeleted text end new text begin implementnew text end , and deleted text begin operation ofdeleted text end new text begin operatenew text end
community-based deleted text begin correctionsdeleted text end new text begin correctionalnew text end programsnew text begin ,new text end includingnew text begin :
new text end
new text begin (1)new text end preventive or diversionary correctional programsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end conditional release programsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end community corrections centersdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (4)new text end facilities for deleted text begin the detentiondeleted text end new text begin detainingnew text end or deleted text begin confinementdeleted text end new text begin confiningnew text end , deleted text begin caredeleted text end new text begin caring,new text end and
deleted text begin treatment ofdeleted text end new text begin treatingnew text end persons convicted of crime or adjudicated delinquent. deleted text begin The commissioner
may authorize the use of a percentage of a grant for the operation of an emergency shelter
or make a separate grant for the rehabilitation of a facility owned by the grantee and used
as a shelter to bring the facility into compliance with state and local laws pertaining to
health, fire, and safety, and to provide security.
deleted text end
new text begin
(b) Counties and Tribal Nations must use risk, need, and responsivity principles in their
correctional programming.
new text end
Subd. 2.
Definitions.
(a) For deleted text begin thedeleted text end purposes of deleted text begin sections 401.01 to 401.16deleted text end new text begin this chapternew text end , the
deleted text begin followingdeleted text end terms new text begin defined in this subdivision new text end have the meanings given them.
(b) deleted text begin "CCA county"deleted text end new text begin "CCA jurisdiction"new text end means a county new text begin or Tribal Nation new text end that participates
in the Community Corrections Actnew text begin , the subsidy program under this chapternew text end .
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" meansnew text begin :
new text end
new text begin (1)new text end parole, supervised release, new text begin or new text end conditional release as authorized by section 609.3455,
subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota
Statutes 2004, section 609.109, subdivision 7deleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end work release as authorized by sections 241.26, 244.065, and 631.425deleted text begin ,deleted text end new text begin ; and
new text end
new text begin (3)new text end probation, furlough, and any other authorized temporary release from a correctional
facility.
deleted text begin
(e) "County probation officer" means a probation officer appointed under section 244.19.
deleted text end
deleted text begin (f)deleted text end new text begin (e) new text end "Detain" means to take into actual custody, including custody within a local
correctional facility.
deleted text begin (g)deleted text end new text begin (f)new text end "Joint board" means the board deleted text begin provided indeleted text end new text begin undernew text end section 471.59.
deleted text begin
(h) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
deleted text end
deleted text begin
(i) "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.
deleted text end
new text begin
(g) "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating in
the Community Corrections Act subsidy program and provides or receives probation services
according to section 244.19.
new text end
new text begin
(h) "Probation officer" means a county or Tribal probation officer under a CCA or
non-CCA jurisdiction appointed with the powers under section 244.19.
new text end
deleted text begin (j)deleted text end new text begin (i)new text end "Release" means to release from actual custody.
new text begin
(j) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries of
the state of Minnesota.
new text end
Sec. 16.
Minnesota Statutes 2022, section 401.02, is amended to read:
401.02 COUNTIES OR REGIONS; new text begin INCLUDED CORRECTIONAL new text end SERVICES
deleted text begin INCLUDABLEdeleted text end .
Subdivision 1.
Qualification deleted text begin of countiesdeleted text end new text begin requirementsnew text end .
(a) deleted text begin One or more counties,
having an aggregate population of 30,000 or more persons,deleted text end new text begin A county or Tribal Nationnew text end may
qualify for deleted text begin a grant as provided indeleted text end new text begin the subsidy program undernew text end section 401.01 by deleted text begin the enactment
of appropriate resolutions creating and establishing a corrections advisory board,deleted text end new text begin :
new text end
new text begin (1)new text end designating deleted text begin thedeleted text end new text begin annew text end officer or agency deleted text begin to bedeleted text end responsible for administering deleted text begin grant funds,deleted text end new text begin
the subsidy;new text end and deleted text begin providing for the preparation of
deleted text end
new text begin (2) preparingnew text end a comprehensive plan for deleted text begin the developmentdeleted text end new text begin developingnew text end , deleted text begin implementationdeleted text end new text begin
implementing,new text end and deleted text begin operation ofdeleted text end new text begin operatingnew text end the correctional services deleted text begin described in section
401.01, including the assumption of those correctional services, other than the operation of
state facilities, presently provided in such counties by the Department of Corrections, and
providing for centralized administration and control of those correctional services described
in section 401.01deleted text end new text begin under this chapternew text end .
new text begin
(b) When preparing a comprehensive plan, a county or Tribal Nation must:
new text end
new text begin
(1) provide correctional services, not including the operation of state facilities, that are
currently provided by the Department of Corrections or, for Tribal Nations, probation
services in a Tribal Nation;
new text end
new text begin
(2) provide for centralized administration and control of the correctional services; and
new text end
new text begin
(3) enact the appropriate resolutions to create and establish a local advisory board.
new text end
deleted text begin Wheredeleted text end new text begin (c) Ifnew text end counties new text begin or Tribal Nations new text end combine as authorized deleted text begin indeleted text end new text begin undernew text end this section, they
deleted text begin shalldeleted text end new text begin mustnew text end comply with deleted text begin the provisions ofdeleted text end section 471.59.new text begin Unless the context indicates
otherwise, a CCA or non-CCA jurisdiction includes a group of counties or a group of Tribal
Nations.
new text end
new text begin Subd. 1a. new text end
new text begin Continued eligibility. new text end
deleted text begin (b)deleted text end A deleted text begin countydeleted text end new text begin single CCA jurisdictionnew text end that has
participated in the Community Corrections Act for five or more years deleted text begin is eligible todeleted text end new text begin maynew text end
continue to participate in the Community Corrections Act.
Subd. 2.
Planning counties; new text begin expenses of corrections new text end advisory board members
deleted text begin expensesdeleted text end .
new text begin (a) new text end To assist deleted text begin counties which havedeleted text end new text begin a county or Tribal Nation that hasnew text end complied
with deleted text begin the provisions ofdeleted text end subdivision 1 and deleted text begin requiredeleted text end new text begin requiresnew text end financial aid to defray all or a part
of the expenses incurred by corrections advisory board members in discharging their official
duties deleted text begin pursuantdeleted text end new text begin accordingnew text end to section 401.08, the commissioner maynew text begin :
new text end
new text begin (1)new text end designate deleted text begin countiesdeleted text end new text begin the county or Tribal Nationnew text end as deleted text begin "planning counties",deleted text end new text begin a "planning
county";new text end anddeleted text begin ,
deleted text end
new text begin (2)new text end upon deleted text begin receipt of resolutionsdeleted text end new text begin receiving a resolutionnew text end by the governing deleted text begin boardsdeleted text end new text begin boardnew text end of
the deleted text begin countiesdeleted text end new text begin county or Tribal Nationnew text end certifying the need for and inability to pay the expenses
deleted text begin described indeleted text end new text begin undernew text end this subdivision, advance to the deleted text begin countiesdeleted text end new text begin county or Tribal Nationnew text end an
amount not to exceed five percent of the maximum quarterly subsidy for which the deleted text begin counties
aredeleted text end new text begin county or Tribal Nation isnew text end eligible.
new text begin (b)new text end The expenses deleted text begin described indeleted text end new text begin undernew text end this subdivision deleted text begin shalldeleted text end new text begin mustnew text end be paid in the same
manner and amount as for state employees.
Subd. 3.
deleted text begin Establishmentdeleted text end new text begin Establishingnew text end and deleted text begin reorganization ofdeleted text end new text begin reorganizingnew text end
administrative structure.
new text begin (a) new text end Any county or deleted text begin group of counties which havedeleted text end new text begin Tribal Nation
that hasnew text end qualified for deleted text begin participationdeleted text end new text begin participatingnew text end in the deleted text begin community correctionsdeleted text end subsidy
program deleted text begin provided by this chapterdeleted text end may establish, organize, and reorganize an administrative
structure and deleted text begin provide for the budgetingdeleted text end new text begin :
new text end
new text begin (1) budgetnew text end , deleted text begin staffingdeleted text end new text begin staffnew text end , and deleted text begin operation ofdeleted text end new text begin operatenew text end court services and probationdeleted text begin ,
constructiondeleted text end new text begin ;
new text end
new text begin (2) constructnew text end or deleted text begin improvement todeleted text end new text begin improvenew text end juvenile detention and juvenile correctional
facilities and adult detention and correctional facilitiesdeleted text begin ,deleted text end new text begin ;new text end and
new text begin (3) provide fornew text end other activities required to conform to deleted text begin the purposes ofdeleted text end this chapter.
new text begin (b)new text end No deleted text begin contrary general or special statutedeleted text end new text begin other lawnew text end divests any county or deleted text begin group of
countiesdeleted text end new text begin Tribal Nationnew text end of the authority granted deleted text begin bydeleted text end new text begin undernew text end this subdivision.
deleted text begin Subd. 5. deleted text end
deleted text begin Intermediate sanctions. deleted text end
deleted text begin
Unless the district court directs otherwise, county
probation officers may require a person committed to the officer's care by the court to
perform community work service for violating a condition of probation imposed by the
court. Community work service may be imposed for the purpose of protecting the public,
to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours
of community work service for each violation and up to a total of 24 hours per offender per
12-month period, beginning on the date on which community work service is first imposed.
The chief executive officer of a community corrections agency may authorize an additional
40 hours of community work service, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. At the
time community work service is imposed, probation officers are required to provide written
notice to the offender that states:
deleted text end
deleted text begin
(1) the condition of probation that has been violated;
deleted text end
deleted text begin
(2) the number of hours of community work service imposed for the violation; and
deleted text end
deleted text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end
deleted text begin
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end
deleted text begin
Community work service includes sentencing to service.
deleted text end
new text begin Subd. 6. new text end
new text begin Tribal Nation; sovereignty; state consultation. new text end
new text begin
(a) Nothing in this chapter
relating to correctional services is intended to infringe on the sovereignty of a Tribal Nation.
Notwithstanding any other law to the contrary and to the extent consistent with a Tribal
Nation's sovereignty, a Tribal Nation is subject to the same requirements and has the same
authority as a county participating in the subsidy program or as a non-CCA jurisdiction
under this chapter.
new text end
new text begin
(b) The Department of Corrections and the Community Supervision Advisory Committee
under section 401.17 must consult with Tribal Nations and offer guidance as necessary to
implement and fulfill the purposes of this chapter.
new text end
Sec. 17.
Minnesota Statutes 2022, section 401.025, is amended to read:
401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL
RELEASEES, AND PRETRIAL RELEASEES.
Subdivision 1.
Peace officers and probation officers serving CCA deleted text begin countiesdeleted text end new text begin
jurisdictionsnew text end .
deleted text begin (a) When it appearsdeleted text end new text begin Ifnew text end necessary to enforce discipline or to prevent a person
on conditional release from escaping or absconding from supervision, the chief executive
officer or designee of deleted text begin a community corrections agency indeleted text end a CCA deleted text begin countydeleted text end new text begin jurisdictionnew text end has
the authority to issue a written order deleted text begin directing any peace officer or any probation officer in
the state serving the district and juvenile courts to detain and bring the person before the
court or the commissioner, whichever is appropriate, for disposition. This written order is
sufficient authority for the peace officer or probation officer to detain the person for not
more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before
the court or the commissionerdeleted text end new text begin as provided under section 244.1951, subdivisions 1 to 3new text end .
deleted text begin
(b) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing a peace officer or probation officer
serving the district and juvenile courts to release a person detained under paragraph (a)
within 72 hours, excluding Saturdays, Sundays, and holidays, without an appearance before
the court or the commissioner. This written order is sufficient authority for the peace officer
or probation officer to release the detained person.
deleted text end
deleted text begin
(c) The chief executive officer or designee of a community corrections agency in a CCA
county has the authority to issue a written order directing any peace officer or any probation
officer serving the district and juvenile courts to detain any person on court-ordered pretrial
release who absconds from pretrial release or fails to abide by the conditions of pretrial
release. A written order issued under this paragraph is sufficient authority for the peace
officer or probation officer to detain the person.
deleted text end
Subd. 2.
Peace officers and probation officers in other counties and state correctional
investigators.
(a) The chief executive officer or designee of a deleted text begin community corrections agency
in adeleted text end CCA deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any state
correctional investigator deleted text begin or anydeleted text end new text begin ,new text end peace officer, new text begin or new text end probation officerdeleted text begin , or county probation
officer from another countydeleted text end to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional
facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a deleted text begin community corrections agency in adeleted text end CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any state correctional
investigator deleted text begin or anydeleted text end new text begin ,new text end peace officer, new text begin or new text end probation officerdeleted text begin , or county probation officer from
another countydeleted text end to detain any person on court-ordered pretrial release who absconds from
pretrial release or fails to abide by the conditions of pretrial release.
(c) deleted text begin A writtendeleted text end new text begin Annew text end order issued under paragraph (a) or (b) is sufficient authority for the
state correctional investigator, peace officer, new text begin or new text end probation officerdeleted text begin , or county probation officerdeleted text end
to detain the person.
Subd. 3.
deleted text begin Offendersdeleted text end new text begin Individualsnew text end under Department of Corrections commitment.
deleted text begin CCAdeleted text end new text begin
Allnew text end counties deleted text begin shalldeleted text end new text begin and Tribal Nations mustnew text end comply with the policies prescribed by the
commissioner when providing supervision and other correctional services to deleted text begin personsdeleted text end new text begin
individualsnew text end conditionally released deleted text begin pursuantdeleted text end new text begin accordingnew text end to sections 241.26, 242.19, 243.05,
243.1605, 244.05, and 244.065, including intercounty transfer of deleted text begin personsdeleted text end new text begin individualsnew text end on
conditional release and the conduct of presentence investigations.
Sec. 18.
Minnesota Statutes 2022, section 401.03, is amended to read:
401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end , as provided in chapter 14, deleted text begin promulgatedeleted text end new text begin adoptnew text end rules deleted text begin for
the implementation of sections 401.01 to 401.16,deleted text end new text begin to implement this chapter new text end and deleted text begin shalldeleted text end provide
consultation and technical assistance to counties new text begin and Tribal Nations new text end to deleted text begin aiddeleted text end new text begin helpnew text end them deleted text begin in the
development ofdeleted text end new text begin developnew text end comprehensive plans.
new text begin
(b) The time limit to adopt rules under section 14.125 does not apply.
new text end
Sec. 19.
Minnesota Statutes 2022, section 401.04, is amended to read:
401.04 deleted text begin ACQUISITION OFdeleted text end new text begin ACQUIRINGnew text end PROPERTY; deleted text begin SELECTION OFdeleted text end new text begin
SELECTINGnew text end ADMINISTRATIVE STRUCTURE; EMPLOYEES.
new text begin Subdivision 1. new text end
new text begin County and Tribal Nation authority. new text end
Any county or deleted text begin group of countiesdeleted text end new text begin
Tribal Nationnew text end electing to deleted text begin come within the provisions of sections 401.01 to 401.16deleted text end new text begin become
a CCA jurisdictionnew text end may deleted text begin (a)deleted text end new text begin :
new text end
new text begin (1)new text end acquire by any lawful means, including purchase, leasenew text begin ,new text end or transfer of custodial
control, the lands, buildingsnew text begin ,new text end and equipment necessary and incident to deleted text begin the accomplishment
ofdeleted text end new text begin accomplishingnew text end the purposes of deleted text begin sections 401.01 to 401.16, (b)deleted text end new text begin this chapter;
new text end
new text begin (2)new text end determine and establish deleted text begin thedeleted text end new text begin annew text end administrative structure best suited to the efficient
administration and delivery of deleted text begin thedeleted text end correctional services deleted text begin described in section 401.01, and
(c)deleted text end new text begin ; and
new text end
new text begin (3)new text end employ a director and other officers, employeesnew text begin ,new text end and agents as deemed necessary to
deleted text begin carry out the provisions of sections 401.01 to 401.16deleted text end new text begin implement this chapternew text end .
new text begin Subd. 2. new text end
new text begin Providing for displaced employees. new text end
new text begin (a)new text end To the extent that deleted text begin participating counties
shall assume and takedeleted text end new text begin a county assumes and takesnew text end over state and local correctional services
presently provided in deleted text begin counties, employment shall be given to those state and local officers,
employees and agents thus displaced;deleted text end new text begin the county, the probation officers and other employees
displaced by the changeover must be employed by the county at no loss of salary. Years of
service in the state are to be given full credit for future sick leave and vacation accrual
purposes.
new text end
new text begin (b)new text end If new text begin an officer or other employee is new text end hired by a county, employment deleted text begin shalldeleted text end new text begin mustnew text end , to the
extent possible and notwithstanding deleted text begin the provisions ofdeleted text end any other law deleted text begin or ordinancedeleted text end to the
contrary, be deemed a transfer in grade with all of the benefits enjoyed by deleted text begin suchdeleted text end new text begin thenew text end officerdeleted text begin ,deleted text end new text begin
ornew text end employee deleted text begin or agentdeleted text end while in the service of the state or local correctional service.
new text begin (c) new text end State or local employees displaced by county participation in the subsidy program
deleted text begin provided by this chapterdeleted text end are on layoff status and, if not hired by a participating county as
provided deleted text begin hereindeleted text end new text begin under this subdivisionnew text end , may exercise their rights under layoff procedures
established by law or deleted text begin uniondeleted text end new text begin collective-bargainingnew text end agreementnew text begin ,new text end whichever is applicable.
new text begin (d) new text end State or local officers and employees displaced by a county's participation in the
Community Corrections Act and hired by the participating county deleted text begin shalldeleted text end retain all fringe
benefits and recall from layoff benefits accrued by seniority and enjoyed by them while in
the service of the state.
new text begin
(e) This subdivision applies to the extent consistent with state and Tribal law.
new text end
Sec. 20.
Minnesota Statutes 2022, section 401.05, subdivision 1, is amended to read:
Subdivision 1.
Authorization to use and accept funds.
new text begin (a) new text end Any county deleted text begin or group of
countiesdeleted text end electing to deleted text begin come within the provisions of sections 401.01 to 401.16deleted text end new text begin become a CCA
jurisdictionnew text end may, through deleted text begin theirdeleted text end new text begin itsnew text end governing deleted text begin bodies,deleted text end new text begin body:
new text end
new text begin (1)new text end use unexpended funds;
new text begin (2)new text end accept gifts, grants, and subsidies from any lawful source; and
new text begin (3)new text end apply for and accept federal funds.
new text begin
(b) This section applies to Tribal Nations, to the extent consistent with the laws of their
respective Tribal governments.
new text end
Sec. 21.
Minnesota Statutes 2022, section 401.06, is amended to read:
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.
new text begin Subdivision 1. new text end
new text begin Commissioner approval required. new text end
deleted text begin Nodeleted text end new text begin (a) Anew text end county or deleted text begin group of counties
electing to provide correctional services pursuant to sections 401.01 to 401.16 shall be
eligibledeleted text end new text begin Tribal Nation is ineligiblenew text end for deleted text begin thedeleted text end new text begin its calculatednew text end subsidy deleted text begin herein provideddeleted text end new text begin under
section 401.10new text end unless deleted text begin and untildeleted text end its comprehensive plan deleted text begin shall havedeleted text end new text begin hasnew text end been approved by the
commissioner.
new text begin
(b) A non-CCA jurisdiction providing adult misdemeanant and juvenile probation services
to district courts according to section 244.19, subdivision 1b, paragraph (b) or (c), must
develop a comprehensive plan in consultation with the commissioner. To the extent consistent
with this chapter and section 244.19, a non-CCA jurisdiction under this paragraph is subject
to all the subsidy-related standards and requirements under this chapter and to all supervision
standards and commissioner-prescribed policies.
new text end
new text begin
(c) If the commissioner provides probation services to a non-CCA jurisdiction under
section 244.19, subdivision 1b, paragraph (d), the commissioner must prepare a
comprehensive plan for the non-CCA jurisdiction and present it to the local county board
of commissioners or Tribal government. To the extent consistent with this chapter and
section 244.19, the commissioner is subject to all the subsidy-related standards and
requirements under this chapter and to all supervision standards and commissioner-prescribed
policies.
new text end
new text begin
(d) All comprehensive plans must:
new text end
new text begin
(1) comply with commissioner-developed standards and reporting requirements, including
requirements under section 401.11, subdivision 1;
new text end
new text begin
(2) provide a budget for planned correctional services and programming; and
new text end
new text begin
(3) sufficiently address community needs and supervision standards, including strategic
planning that ties planned correctional services and programming to successful community
supervision outcomes, including but not limited to reducing an individual's assessed level
of risk for recidivism and addressing an individual's needs that lead to positive adjustment
and prosocial behavior.
new text end
new text begin
(e) Each CCA and non-CCA jurisdiction must track and report on the use of correctional
fees under section 244.18 in their comprehensive plans. At a minimum, each jurisdiction
must report on the types of correctional services for which fees were imposed, the aggregate
amount of fees imposed, and the amount of fees collected.
new text end
new text begin
(f) A comprehensive plan is valid for four years, and a corrections advisory board or
non-CCA jurisdiction must review and update its plan two years after the plan has been
approved or two years after submission to the commissioner, whichever is earlier. An
updated plan must include an updated budget and list which services that a county or Tribal
Nation plans to provide before its next four-year comprehensive plan.
new text end
new text begin
(g) All approved comprehensive plans, including updated plans, must be made publicly
available on the Department of Corrections website.
new text end
new text begin Subd. 2. new text end
new text begin Rulemaking. new text end
The commissioner deleted text begin shall, pursuant todeleted text end new text begin must, in accordance withnew text end
the Administrative Procedure Act, deleted text begin promulgatedeleted text end new text begin adoptnew text end rules establishing standards of eligibility
for counties new text begin and Tribal Nations new text end to receive new text begin a subsidy and other new text end funds under deleted text begin sections 401.01
to 401.16deleted text end new text begin this chapternew text end .
new text begin Subd. 3. new text end
new text begin Substantial compliance required. new text end
new text begin (a)new text end To remain eligible for new text begin the new text end subsidy
deleted text begin counties shalldeleted text end new text begin , a CCA and non-CCA jurisdiction mustnew text end maintain substantial compliance with
the minimum standardsnew text begin , as applicable,new text end established deleted text begin pursuantdeleted text end new text begin accordingnew text end to deleted text begin sections 401.01
to 401.16 anddeleted text end new text begin this chapter andnew text end the policies and procedures governing the services deleted text begin described
indeleted text end new text begin undernew text end section 401.025new text begin , subdivision 3,new text end as prescribed by the commissioner. deleted text begin Counties shall
also
deleted text end
new text begin
(b) A CCA and non-CCA jurisdiction must:
new text end
new text begin (1)new text end be in substantial compliance with other correctional operating standards permitted
by law and established by the commissionernew text begin ;new text end and deleted text begin shall
deleted text end
new text begin (2)new text end report deleted text begin statisticsdeleted text end new text begin datanew text end required by the commissionernew text begin in accordance with section 244.21,new text end
including but not limited tonew text begin data under this chapter andnew text end information on individuals convicted
as an extended jurisdiction juvenile deleted text begin identified indeleted text end new text begin undernew text end section 241.016, subdivision 1,
paragraph (c).
new text begin Subd. 4. new text end
new text begin Commissioner review. new text end
new text begin (a)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end review deleted text begin annually the
comprehensive plans submitted by participating countiesdeleted text end new text begin all comprehensive plansnew text end , including
the facilities and programs operated under the plans. The commissioner deleted text begin is hereby authorized
todeleted text end new text begin maynew text end enter deleted text begin upondeleted text end any facility operated under the plandeleted text begin ,deleted text end and inspect books and recordsdeleted text begin ,deleted text end for
purposes of recommending needed changes or improvements.
deleted text begin Whendeleted text end new text begin (b) Ifnew text end the commissioner deleted text begin shall determinedeleted text end new text begin determinesnew text end that there are reasonable
grounds to believe that a deleted text begin county or group of countiesdeleted text end new text begin CCA or non-CCA jurisdictionnew text end is not
in substantial compliance with minimum standards, new text begin the commissioner must provide new text end at least
30 days' notice deleted text begin shall be givendeleted text end new text begin tonew text end the deleted text begin county or counties anddeleted text end new text begin CCA or non-CCA jurisdiction
ofnew text end a new text begin commissioner-conducted new text end hearing deleted text begin conducted by the commissionerdeleted text end to ascertain whether
there is substantial compliance or satisfactory progress being made toward compliance.
new text begin Subd. 5. new text end
new text begin Noncompliance; remedies. new text end
new text begin
(a) After a hearing, the commissioner may sanction
a CCA or non-CCA jurisdiction according to this subdivision if the commissioner determines
that the CCA or non-CCA jurisdiction is not maintaining substantial compliance with
minimum standards or that satisfactory progress toward compliance has not been made.
new text end
new text begin (b)new text end The commissioner maynew text begin :
new text end
new text begin (1)new text end suspend all or a portion of any subsidy deleted text begin until the required standard of operation has
been met.deleted text end new text begin without issuing a corrective action plan; or
new text end
new text begin
(2) issue a corrective action plan.
new text end
new text begin
(c) A corrective action plan must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) identify all deficiencies;
new text end
new text begin
(3) detail the corrective action required to remedy the deficiencies; and
new text end
new text begin
(4) provide a deadline to:
new text end
new text begin
(i) correct each deficiency; and
new text end
new text begin
(ii) report to the commissioner progress toward correcting the deficiency.
new text end
new text begin
(d) After the deficiency has been corrected, documentation must be submitted to the
commissioner detailing compliance with the corrective action plan. If the commissioner
determines that the CCA or non-CCA jurisdiction has not complied with the plan, the
commissioner may suspend all or a portion of the subsidy.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to all
four-year comprehensive plans submitted on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2022, section 401.08, is amended to read:
401.08 CORRECTIONS ADVISORY BOARD.
Subdivision 1.
new text begin Board new text end members deleted text begin of boarddeleted text end .
deleted text begin Thedeleted text end new text begin Anew text end corrections advisory board deleted text begin provided
in section 401.02, subdivision 1, shalldeleted text end new text begin mustnew text end consist of at least nine membersdeleted text begin ,deleted text end who deleted text begin shalldeleted text end new text begin mustnew text end
be representative of law enforcement, prosecution, the judiciary, education, corrections,
deleted text begin ethnic minoritiesdeleted text end new text begin different ethnicitiesnew text end , the social services, and the deleted text begin lay citizendeleted text end new text begin general publicnew text end .
Subd. 2.
Appointment; terms.
new text begin (a) new text end The members of deleted text begin thedeleted text end new text begin anew text end corrections advisory board
deleted text begin shalldeleted text end new text begin must:
new text end
new text begin (1)new text end be appointed by the board of county commissioners deleted text begin ordeleted text end new text begin , respective Tribal Nation
government, ornew text end the joint board in the case of multiple counties deleted text begin and shalldeleted text end new text begin or Tribal Nations;
new text end
new text begin (2) new text end serve for terms of two years deleted text begin from and after the date of their appointment,deleted text end new text begin ;new text end and deleted text begin shall
deleted text end
new text begin (3)new text end remain in office until their successors are duly appointed.
deleted text begin Thedeleted text end new text begin (b) Anew text end board may elect its own officers.
Subd. 3.
Joint corrections advisory board.
deleted text begin Wheredeleted text end new text begin Ifnew text end two or more counties new text begin or Tribal
Nations new text end combine to deleted text begin come within the provisions of sections 401.01 to 401.16deleted text end new text begin become a CCA
jurisdictionnew text end , the joint corrections advisory board deleted text begin shalldeleted text end new text begin mustnew text end contain representation as provided
deleted text begin indeleted text end new text begin undernew text end subdivision 1, but thenew text begin boardnew text end members deleted text begin comprising the boarddeleted text end may come from each
of the participating counties new text begin or Tribal Nations new text end as may be determined by agreement of the
countiesnew text begin or Tribal Nationsnew text end .
Subd. 4.
Comprehensive plan.
deleted text begin Thedeleted text end new text begin Anew text end corrections advisory board deleted text begin provided in sections
401.01 to 401.16, shalldeleted text end new text begin must:
new text end
new text begin (1)new text end actively participate in deleted text begin the formulation ofdeleted text end new text begin formulatingnew text end the comprehensive plan for deleted text begin the
development, implementation, and operation ofdeleted text end new text begin developing, implementing, and operatingnew text end
deleted text begin thedeleted text end correctional deleted text begin programdeleted text end new text begin programmingnew text end and services deleted text begin described in section 401.01,deleted text end new text begin under this
chapter;new text end and deleted text begin shall
deleted text end
new text begin (2)new text end make a formal recommendation to the deleted text begin county board or joint boarddeleted text end new text begin CCA jurisdictionnew text end
at least annually deleted text begin concerningdeleted text end new text begin onnew text end the comprehensive plan and its implementation during the
ensuing year.
Subd. 5.
Committee structure.
new text begin (a) new text end If a corrections advisory board carries out its duties
deleted text begin through the implementation ofdeleted text end new text begin withnew text end a committee structure, the composition of each committee
or subgroup deleted text begin shall generallydeleted text end new text begin shouldnew text end reflect the membership of the entire board.
new text begin (b)new text end All proceedings of the corrections advisory board and anynew text begin boardnew text end committee or other
subgroup of the board deleted text begin shalldeleted text end new text begin mustnew text end be open to the publicdeleted text begin ;deleted text end new text begin ,new text end and all votes taken of new text begin board new text end members
deleted text begin of the board shalldeleted text end new text begin mustnew text end be recorded and deleted text begin shalldeleted text end become matters of public record.
Subd. 6.
new text begin Board new text end rules.
deleted text begin Thedeleted text end new text begin Anew text end corrections advisory board deleted text begin shall promulgatedeleted text end new text begin must adoptnew text end
and implement rules deleted text begin concerning attendance of membersdeleted text end new text begin on member attendancenew text end at board
meetings.new text begin A rule under this subdivision does not meet the definition of a rule under section
14.02, subdivision 4.
new text end
Sec. 23.
Minnesota Statutes 2022, section 401.09, is amended to read:
401.09 OTHER new text begin GRANT OR new text end SUBSIDY PROGRAMS; deleted text begin PURCHASE OFdeleted text end new text begin
PURCHASINGnew text end STATE SERVICES.
new text begin Subdivision 1. new text end
new text begin Eligibility for other programs. new text end
deleted text begin Failure of a county or group of countiesdeleted text end new text begin
A decision by a county or Tribal Nationnew text end to elect to deleted text begin come within the provisions of sections
401.01 to 401.16 shalldeleted text end new text begin not become a CCA jurisdiction doesnew text end not affect deleted text begin theirdeleted text end new text begin itsnew text end eligibility for
any other state new text begin grant or new text end subsidy for correctional purposes otherwise provided by law.
new text begin Subd. 2. new text end
new text begin Contracting for correctional services. new text end
deleted text begin Anydeleted text end new text begin Anew text end comprehensive plan submitted
deleted text begin pursuantdeleted text end new text begin accordingnew text end to deleted text begin sections 401.01 to 401.16deleted text end new text begin this chapternew text end may deleted text begin include the purchase of
selecteddeleted text end new text begin allow for contracting with the state to provide certainnew text end correctional services deleted text begin from
the state by contractdeleted text end , including the temporary detention and confinement of persons convicted
of crime or adjudicated delinquentdeleted text begin ;deleted text end new text begin , withnew text end confinement deleted text begin to bedeleted text end in an appropriate state facility
as otherwise provided by law.
new text begin Subd. 3. new text end
new text begin Determining cost of correctional services. new text end
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
annually determine the costs of the deleted text begin purchase ofdeleted text end new text begin contractednew text end services under deleted text begin this sectiondeleted text end new text begin
subdivision 2new text end and deduct them from the subsidy due and payable to the county deleted text begin or counties
concerned; provided that nodeleted text end new text begin or Tribal Nation if anew text end contract deleted text begin shalldeleted text end new text begin under subdivision 2 does
notnew text end exceed in cost the amount of subsidy to which the participating county or deleted text begin counties aredeleted text end new text begin
Tribal Nation isnew text end eligible.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to all
four-year comprehensive plans submitted on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2022, section 401.10, is amended to read:
401.10 new text begin FUNDING new text end COMMUNITY deleted text begin CORRECTIONS AIDdeleted text end new text begin SUPERVISIONnew text end .
Subdivision 1.
deleted text begin Aid calculationsdeleted text end new text begin Community supervision funding formulanew text end .
deleted text begin
To
determine the community corrections aid amount to be paid to each participating county,
the commissioner of corrections must apply the following formula:
deleted text end
deleted text begin
(1) For each of the 87 counties in the state, a percent score must be calculated for each
of the following five factors:
deleted text end
deleted text begin
(i) percent of the total state population aged ten to 24 residing within the county according
to the most recent federal census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the state demographer;
deleted text end
deleted text begin
(ii) percent of the statewide total number of felony case filings occurring within the
county, as determined by the state court administrator;
deleted text end
deleted text begin
(iii) percent of the statewide total number of juvenile case filings occurring within the
county, as determined by the state court administrator;
deleted text end
deleted text begin
(iv) percent of the statewide total number of gross misdemeanor case filings occurring
within the county, as determined by the state court administrator; and
deleted text end
deleted text begin
(v) percent of the total statewide number of convicted felony offenders who did not
receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
deleted text end
deleted text begin
The percents in items (ii) to (v) must be calculated by combining the most recent
three-year period of available data. The percents in items (i) to (v) each must sum to 100
percent across the 87 counties.
deleted text end
deleted text begin
(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must
be weighted, summed, and divided by the sum of the weights to yield an average percent
for each county, referred to as the county's "composite need percent." When performing
this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The
composite need percent must sum to 100 percent across the 87 counties.
deleted text end
deleted text begin
(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for
cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax
capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the
87 counties.
deleted text end
deleted text begin
(4) For each of the 87 counties, the county's composite need percent must be divided by
the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base adjusted need percent."
deleted text end
deleted text begin
(5) For each of the 87 counties, the county's tax base adjusted need percent must be
added to twice the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
deleted text end
deleted text begin
(6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent
for participating counties."
deleted text end
deleted text begin
(7) Each participating county's weighted need percent must be divided by the total
weighted need percent for participating counties to yield the county's "share percent." The
share percents for participating counties must sum to 100 percent.
deleted text end
deleted text begin
(8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal
year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter,
no county's aid amount under this section may be less than its base funding amount, provided
that the total amount appropriated for this purpose is at least as much as the aggregate base
funding amount defined in clause (9).
deleted text end
deleted text begin
(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section chooses not to
participate in any given year, then the aggregate base funding amount must be reduced by
that county's base funding amount. If a county that did not participate under this section in
fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received
had it participated in fiscal year 1995 plus the estimated amount it would have received in
caseload or workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
deleted text end
deleted text begin
(10) In any given year, the total amount appropriated for this purpose first must be
allocated to participating counties in accordance with each county's base funding amount.
Then, any remaining amount in excess of the aggregate base funding amount must be
allocated to participating counties in proportion to each county's share percent, and is referred
to as the county's "formula amount."
deleted text end
deleted text begin
Each participating county's "community corrections aid amount" equals the sum of (i)
the county's base funding amount, and (ii) the county's formula amount.
deleted text end
deleted text begin
(11) However, if in any year the total amount appropriated for the purpose of this section
is less than the aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount multiplied by
(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
deleted text end
deleted text begin
For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
deleted text end
new text begin
(a) Beginning July 1, 2023, the community supervision subsidy paid to each county, the
commissioner for supervision of non-CCA jurisdictions served by the Department of
Corrections, and each applicable Tribal Nation under paragraph (e) equals the sum of:
new text end
new text begin
(1) a base funding amount equal to $150,000; and
new text end
new text begin
(2) a community supervision formula equal to the sum of:
new text end
new text begin
(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and
new text end
new text begin
(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.
new text end
new text begin
(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.
new text end
new text begin
(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.
new text end
new text begin
(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.
new text end
new text begin
(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:
new text end
new text begin
(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and
new text end
new text begin
(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Transfer of funds. deleted text end
deleted text begin
Notwithstanding any law to the contrary, the commissioner
of corrections, after notifying the committees on finance of the senate and ways and means
of the house of representatives, may, at the end of any fiscal year, transfer any unobligated
funds in any appropriation to the Department of Corrections to the appropriation under
sections 401.01 to 401.16, which appropriation shall not cancel but is reappropriated for
the purposes of sections 401.01 to 401.16.
deleted text end
deleted text begin Subd. 3. deleted text end
deleted text begin Formula review. deleted text end
deleted text begin
Prior to January 16, 2002, the committees with jurisdiction
over community corrections funding decisions in the house of representatives and the senate,
in consultation with the Department of Corrections and any interested county organizations,
must review the formula in subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation.
deleted text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
(a) By January 15, 2025, and every year thereafter, the commissioner
must submit a report to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over public safety finance and policy. At a minimum, the
report must summarize and contain the following data:
new text end
new text begin
(1) the commissioner's workload study under section 401.17, subdivision 4;
new text end
new text begin
(2) the commissioner's collected caseload data under section 244.21, subdivision 1; and
new text end
new text begin
(3) projected growth in the community supervision formula calculated by analyzing
caseload trends and data.
new text end
new text begin
(b) The report may be made in conjunction with reporting under section 244.21.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 25.
Minnesota Statutes 2022, section 401.11, is amended to read:
401.11 COMPREHENSIVE PLAN ITEMS; deleted text begin GRANTdeleted text end new text begin SUBSIDYnew text end REVIEW.
new text begin Subdivision 1. new text end
new text begin Policy items. new text end
deleted text begin Thedeleted text end new text begin (a) Anew text end comprehensive plan submitted to the
commissioner for approval deleted text begin shalldeleted text end new text begin under section 401.06 mustnew text end include deleted text begin thosedeleted text end items prescribed
by deleted text begin rule of thedeleted text end commissionerdeleted text begin , which may require the inclusion ofdeleted text end new text begin policy and may includenew text end
the following:
deleted text begin (a)deleted text end new text begin (1)new text end the manner in which presentence and postsentence investigations and reports for
the district courts and social history reports for the juvenile courts will be made;
deleted text begin (b)deleted text end new text begin (2)new text end the manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner deleted text begin of correctionsdeleted text end will be provided;
deleted text begin (c)deleted text end new text begin (3)new text end a program for deleted text begin the detention, supervision, and treatment ofdeleted text end new text begin detaining, supervising,
and treatingnew text end persons under pretrial detention or under commitment;
deleted text begin (d)deleted text end new text begin (4)new text end delivery of other correctional services deleted text begin defined in section 401.01deleted text end ;
deleted text begin (e)deleted text end new text begin (5)new text end proposals for new programs, which proposals must demonstrate a need for the
program, deleted text begin itsdeleted text end new text begin and the program'snew text end purpose, objective, administrative structure, staffing pattern,
staff training, financing, evaluation process, degree of community involvement, client
participation, and duration deleted text begin of program.deleted text end new text begin ;
new text end
new text begin
(6) descriptions of programs that adhere to best practices for assessing risk and using
interventions that address an individual's needs while tailoring supervision and interventions
by using risk, need, and responsivity principles; and
new text end
new text begin
(7) data on expenditures, costs, and programming results and outcomes for individuals
under community supervision.
new text end
new text begin
(b) The commissioner must develop in policy budgetary requirements for comprehensive
plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's
subsidy for correctional services and programming to produce successful community
supervision outcomes.
new text end
new text begin Subd. 2. new text end
new text begin CCA Review. new text end
deleted text begin In addition to the foregoing requirements made by this section,deleted text end
Each deleted text begin participating county or group of counties shalldeleted text end new text begin CCA jurisdiction mustnew text end develop and
implement a procedure for deleted text begin the review ofdeleted text end new text begin reviewingnew text end grant applications new text begin or applications for
contracted services new text end made to the corrections advisory board and for the manner in which
corrections advisory board action will be taken on deleted text begin themdeleted text end new text begin the applicationsnew text end . A description of
deleted text begin thisdeleted text end new text begin thenew text end procedure must be made available to members of the public upon request.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to all
four-year comprehensive plans submitted on or after that date.
new text end
Sec. 26.
Minnesota Statutes 2022, section 401.12, is amended to read:
401.12 deleted text begin CONTINUATION OF CURRENTdeleted text end new text begin MINIMUMnew text end SPENDING LEVEL deleted text begin BY
COUNTIESdeleted text end .
new text begin Subdivision 1. new text end
new text begin Diminished spending prohibited. new text end
deleted text begin Participating counties shalldeleted text end new text begin A county
or Tribal Nation receiving a subsidy under section 401.10 mustnew text end not deleted text begin diminish their currentdeleted text end new text begin
reduce itsnew text end level of spending deleted text begin for correctional expenses as defined in section 401.01, to the
extent of any subsidy received pursuant to sections 401.01 to 401.16; rather the subsidy
herein provided is for the expenditure for correctional purposes in excess of those funds
currently being expendeddeleted text end new text begin on probation services to lower than what is reimbursed by the
community supervision formula under section 401.10, subdivision 1new text end .
new text begin Subd. 2. new text end
new text begin Not expending full subsidy amount. new text end
deleted text begin Shoulddeleted text end new text begin Ifnew text end a deleted text begin participatingdeleted text end county deleted text begin bedeleted text end new text begin or
Tribal Nation isnew text end unable to expend the full amount of the subsidy to which it would be entitled
in deleted text begin any one year under the provisions of sections 401.01 to 401.16deleted text end new text begin the first year of a bienniumnew text end ,
the commissioner deleted text begin shalldeleted text end new text begin must:
new text end
new text begin (1)new text end retain the surplusdeleted text begin , subject to disbursementdeleted text end new text begin ; and
new text end
new text begin (2) disburse the surplusnew text end in the deleted text begin followingdeleted text end new text begin secondnew text end year deleted text begin wherein suchdeleted text end new text begin of the biennium if
thenew text end countynew text begin or Tribal Nationnew text end can demonstrate a need for and ability to expend deleted text begin same for the
purposes provided in section 401.01. If in any biennium the subsidy is increased by an
inflationary adjustment which results in the county receiving more actual subsidy than it
did in the previous calendar year, the county shall be eligible for that increase only if the
current level of spending is increased by a percentage equal to that increase within the same
biennium.deleted text end new text begin the surplus.
new text end
Sec. 27.
Minnesota Statutes 2022, section 401.14, is amended to read:
401.14 deleted text begin PAYMENT OFdeleted text end new text begin PAYING new text end SUBSIDY.
Subdivision 1.
Payment.
deleted text begin Upon compliance bydeleted text end new text begin Afternew text end a county or deleted text begin group of countiesdeleted text end new text begin Tribal
Nation becomes compliantnew text end with the prerequisites for deleted text begin participation indeleted text end new text begin receivingnew text end the subsidy
deleted text begin prescribed by sections 401.01 to 401.16,deleted text end and deleted text begin approval ofdeleted text end thenew text begin commissioner approves thenew text end
comprehensive plan deleted text begin by the commissionerdeleted text end , the commissioner deleted text begin shalldeleted text end new text begin mustnew text end determine whether
funds exist deleted text begin for the payment ofdeleted text end new text begin to paynew text end the subsidy and proceed to pay deleted text begin samedeleted text end new text begin itnew text end in accordance
with applicable deleted text begin rulesdeleted text end new text begin lawnew text end .
Subd. 2.
Quarterly remittance.
Based deleted text begin upondeleted text end new text begin onnew text end the new text begin approved new text end comprehensive plan deleted text begin as
approveddeleted text end , the commissioner may estimate the amount to be expended in furnishing the
required correctional services during each calendar quarter and cause the estimated amount
to be remitted to the countiesnew text begin and Tribal Nationsnew text end entitled deleted text begin thereto in the manner provided indeleted text end new text begin
to the amount as provided undernew text end section 401.15, subdivision 1.
Subd. 3.
Installment payments.
The commissioner deleted text begin of corrections shalldeleted text end new text begin mustnew text end new text begin :
new text end
new text begin (1)new text end make payments for deleted text begin community correctionsdeleted text end new text begin correctionalnew text end services to each county new text begin and
Tribal Nation new text end in 12 installments per yeardeleted text begin . The commissioner shalldeleted text end new text begin ;
new text end
new text begin (2)new text end ensure that the pertinent payment of the allotment for each month is made to each
countynew text begin and Tribal Nationnew text end on the first working day after the end of each month of the calendar
year, except for the last month of the calendar yeardeleted text begin . The commissioner shalldeleted text end new text begin ; and
new text end
new text begin (3)new text end ensure that each countynew text begin and Tribal Nationnew text end receives itsnew text begin monthlynew text end payment deleted text begin of thedeleted text end
allotment deleted text begin for that monthdeleted text end no later than the last working day of deleted text begin thatdeleted text end new text begin eachnew text end month. deleted text begin The payment
described in this subdivision for services rendered during June 1985 shall be made on the
first working day of July 1985.
deleted text end
Sec. 28.
Minnesota Statutes 2022, section 401.15, is amended to read:
401.15 deleted text begin PROCEDURE FOR DETERMINATION ANDdeleted text end new text begin DETERMININGnew text end PAYMENT
deleted text begin OFdeleted text end AMOUNT; deleted text begin BIENNIALdeleted text end new text begin ANNUALnew text end REVIEW.
Subdivision 1.
Certified statements; determinations; adjustments.
new text begin (a) new text end Within 60 days
of the end of each calendar quarter, deleted text begin participating counties which havedeleted text end new text begin a county or Tribal
Nation that hasnew text end received the payments deleted text begin authorized bydeleted text end new text begin undernew text end section 401.14 deleted text begin shalldeleted text end new text begin mustnew text end submit
to the commissioner certified statements detailing the amounts expended and costs incurred
in furnishing the correctional services deleted text begin provided in sections 401.01 to 401.16deleted text end new text begin under this
chapternew text end .
new text begin (b)new text end Upon deleted text begin receipt ofdeleted text end new text begin receiving thenew text end certified statements, the commissioner deleted text begin shall, in the
manner provided indeleted text end new text begin must in accordance withnew text end sections 401.10 and 401.12deleted text begin ,deleted text end new text begin :
new text end
new text begin (1)new text end determine the amount new text begin that new text end each deleted text begin participatingdeleted text end countynew text begin or Tribal Nationnew text end is entitled to
receivedeleted text begin , makingdeleted text end new text begin ; and
new text end
new text begin (2) makenew text end any adjustments necessary to rectify any disparity between the amounts received
deleted text begin pursuantdeleted text end new text begin accordingnew text end to the estimate deleted text begin provided indeleted text end new text begin undernew text end section 401.14 and the amounts actually
expended.
new text begin (c)new text end If the amount received deleted text begin pursuantdeleted text end new text begin accordingnew text end to the estimate is greater than the amount
actually expended during the quarter, the commissioner may withhold the difference from
any subsequent monthly payments made deleted text begin pursuantdeleted text end new text begin accordingnew text end to section 401.14.
deleted text begin Upon certification bydeleted text end new text begin (d) Afternew text end the commissioner deleted text begin ofdeleted text end new text begin certifiesnew text end the amount new text begin that new text end a
deleted text begin participatingdeleted text end countynew text begin or Tribal Nationnew text end is entitled to receive under deleted text begin the provisions ofdeleted text end new text begin this
subdivision ornew text end section 401.14 deleted text begin or of this subdivisiondeleted text end new text begin ,new text end the commissioner of management and
budget deleted text begin shall thereupondeleted text end new text begin mustnew text end issue a payment to the chief fiscal officer of each deleted text begin participatingdeleted text end
countynew text begin or Tribal Nationnew text end for the amount due together with a copy of the certificate prepared
by the commissioner.
Subd. 2.
deleted text begin Rankingdeleted text end new text begin Formulanew text end review.
The commissioner deleted text begin shall bienniallydeleted text end new text begin must annuallynew text end
review deleted text begin the ranking accorded each county bydeleted text end the deleted text begin equalizationdeleted text end new text begin community supervisionnew text end formula
deleted text begin provided indeleted text end new text begin undernew text end section 401.10 and deleted text begin computedeleted text end new text begin calculate and proratenew text end the subsidy deleted text begin ratedeleted text end
accordingly.
Sec. 29.
Minnesota Statutes 2022, section 401.16, is amended to read:
401.16 deleted text begin WITHDRAWALdeleted text end new text begin WITHDRAWINGnew text end FROM new text begin SUBSIDY new text end PROGRAM.
new text begin Subdivision 1. new text end
new text begin Withdrawing; effective date. new text end
new text begin At the beginning of any calendar quarter,
new text end any deleted text begin participating county may, at the beginning of any calendar quarter, by resolution of its
board of commissioners,deleted text end new text begin CCA jurisdiction maynew text end notify the commissioner of its intention to
withdraw from the subsidy program deleted text begin established by sections 401.01 to 401.16, anddeleted text end new text begin .new text end The
withdrawal deleted text begin shall bedeleted text end new text begin :
new text end
new text begin
(1) must be done by resolution of the county's board of commissioners or resolution of
the Tribal Nation's respective governmental unit; and
new text end
new text begin (2) isnew text end effectivenew text begin at least six months fromnew text end the last day of the last month of the quarter in
which the notice was given. deleted text begin Upon withdrawal, the unexpended balance of moneys allocated
to the county, or that amount necessary to reinstate state correctional services displaced by
that county's participation, including complement positions, may, upon approval of the
legislative advisory commission, be transferred to the commissioner for the reinstatement
of the displaced services and the payment of any other correctional subsidies for which the
withdrawing county had previously been eligible.
deleted text end
new text begin Subd. 2. new text end
new text begin Employee changeover. new text end
new text begin
(a) If a county withdraws from the subsidy program
and asks the commissioner or the legislature mandates the commissioner to furnish probation
services to the county, the probation officers and other employees displaced by the
changeover must be employed by the commissioner at no loss of salary.
new text end
new text begin
(b) Years of service in the county probation department are to be given full credit for
future sick leave and vacation accrual purposes.
new text end
new text begin
(c) This subdivision applies to the extent consistent with state and Tribal law.
new text end
Sec. 30.
new text begin
[401.17] COMMUNITY SUPERVISION ADVISORY COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; members. new text end
new text begin
(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 19 members as follows:
new text end
new text begin
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
new text end
new text begin
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
new text end
new text begin
(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
new text end
new text begin
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
new text end
new text begin
(5) two representatives appointed by the Minnesota Indian Affairs Council;
new text end
new text begin
(6) two commissioner-appointed representatives from the Department of Corrections;
new text end
new text begin
(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
new text end
new text begin
(8) three individuals who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systems appointed by the
commissioner in consultation with the Minnesota Association of County Probation Officers
and the Minnesota Association of Community Corrections Act Counties;
new text end
new text begin
(9) an advocate for victims of crime appointed by the commissioner; and
new text end
new text begin
(10) a representative from a community-based research and advocacy entity appointed
by the commissioner.
new text end
new text begin
(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
new text end
new text begin
(c) Chapter 15 applies to the extent consistent with this section.
new text end
new text begin
(d) The commissioner must convene the first meeting of the committee on or before
October 1, 2023.
new text end
new text begin Subd. 2. new text end
new text begin Terms; removal; reimbursement. new text end
new text begin
(a) If there is a vacancy, the applicable
appointing authority must appoint an individual to fill the vacancy. Committee members
may elect any officers and create any subcommittees necessary to efficiently discharge
committee duties.
new text end
new text begin
(b) A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority.
new text end
new text begin
(c) Each committee member must be reimbursed for all reasonable expenses actually
paid or incurred by the member while performing official duties in the same manner as
other state employees. The public members of the committee must be compensated at the
rate of $55 for each day or part of the day spent on committee activities.
new text end
new text begin Subd. 3. new text end
new text begin Committee duties; report. new text end
new text begin
(a) By December 1, 2024, the committee must
provide written advice and recommendations to the commissioner on developing policy on:
new text end
new text begin
(1) statewide supervision standards and definitions to be applied to community
supervision provided by CCA and non-CCA jurisdictions;
new text end
new text begin
(2) requiring CCA and non-CCA jurisdictions to use the same agreed-on risk screener
and risk and needs assessment tools as the main supervision assessment methods or a
universal five-level matrix allowing for consistent supervision levels and that all tools in
use be validated on Minnesota's community supervision population and revalidated every
five years;
new text end
new text begin
(3) requiring the use of assessment-driven, formalized, collaborative case planning to
focus case planning goals on identified criminogenic and behavioral health need areas for
moderate- and high-risk individuals;
new text end
new text begin
(4) limiting standard conditions required for all individuals on supervision across all
supervision systems and judicial districts, ensuring that conditions of supervision are directly
related to the offense of the individual on supervision, and tailoring special conditions to
individuals on supervision identified as high risk and high need;
new text end
new text begin
(5) providing gender-responsive, culturally appropriate services and trauma-informed
approaches;
new text end
new text begin
(6) developing a statewide incentives and sanctions grid to guide responses to client
behavior while under supervision to be reviewed and updated every five years to maintain
alignment with national best practices;
new text end
new text begin
(7) developing performance indicators for supervision success and recidivism;
new text end
new text begin
(8) developing a statewide training, coaching, and quality assurance system overseen
by an evidence-based practices coordinator;
new text end
new text begin
(9) developing methods to evaluate outcomes for services provided by grant recipients
under section 244.33, paragraph (c), clause (3);
new text end
new text begin
(10) devising a plan to eliminate the financial penalty incurred by a jurisdiction that
successfully discharges an individual from supervision before the supervision term concludes;
and
new text end
new text begin
(11) establishing a proposed state-level Community Supervision Advisory Board with
a governance structure and duties for the board.
new text end
new text begin
(b) By July 1, 2025, and every four years thereafter, the committee must review and
reassess the current workload study published by the commissioner under subdivision 4
and make recommendations to the commissioner based on the committee's review.
new text end
new text begin
(c) By June 30, 2024, the Community Supervision Advisory Committee must submit a
report on supervision fees to the commissioner and the chairs and ranking minority members
of the legislative committees with jurisdiction over corrections policy and finance. The
committee must collect data on supervision fees and include the data in the report.
new text end
new text begin Subd. 4. new text end
new text begin Duties; commissioner. new text end
new text begin
(a) The commissioner, in consultation with the
committee, must complete a workload study by October 1, 2024, to develop a capitated rate
for equitably funding community supervision throughout the state. The study must indicate
what factors go into a capitated rate, including but not limited to the administrative cost of
providing supervision and the average daily cost for providing supervision depending on
risk level.
new text end
new text begin
(b) The commissioner is responsible for completing the workload study and submitting
it to the legislature in accordance with section 401.10, subdivision 4.
new text end
new text begin Subd. 5. new text end
new text begin Data collection; report. new text end
new text begin
(a) By June 1, 2024, the advisory committee, in
consultation with the Minnesota Counties Computer Cooperative, must create a method to
(1) standardize data classifications across the three community supervision systems, and
(2) collect data for the commissioner to publish in an annual report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy.
new text end
new text begin
(b) The advisory committee's method, at a minimum, must provide for collecting the
following data:
new text end
new text begin
(1) the number of individuals sentenced to supervision each year;
new text end
new text begin
(2) the offense levels, offense types, and assessed risk levels for which individuals are
sentenced to supervision;
new text end
new text begin
(3) violation and revocation rates and the identified grounds for the violations and
revocations, including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
new text end
new text begin
(4) the number of individuals granted early discharge from probation;
new text end
new text begin
(5) the number of individuals restructured on supervision, including imposition of new
conditions of release; and
new text end
new text begin
(6) the number of individuals revoked from supervision and the identified grounds for
revocation.
new text end
new text begin
(c) Beginning January 15, 2025, as part of the report under section 241.21, subdivision
2, the commissioner must include data collected under the committee method established
under this subdivision. The commissioner must analyze the collected data by race, gender,
and county, including Tribal Nations.
new text end
new text begin
(d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under other law.
new text end
new text begin Subd. 6. new text end
new text begin Response. new text end
new text begin
(a) Within 45 days of receiving the committee's recommendations
under subdivision 3, the commissioner must respond in writing to the committee's advice
and recommendations. The commissioner's response must explain:
new text end
new text begin
(1) whether the commissioner will adopt policy changes based on the recommendations;
new text end
new text begin
(2) the timeline for adopting policy changes; and
new text end
new text begin
(3) why the commissioner will not or cannot adopt any policy changes based on
committee recommendations.
new text end
new text begin
(b) The commissioner must submit the committee's advice and recommendations and
the commissioner's response to the chairs and ranking minority members of the legislative
committees with jurisdiction over public safety finance and policy. The commissioner may
submit the information under this paragraph together with the report under subdivision 5,
paragraph (c).
new text end
new text begin Subd. 7. new text end
new text begin Administrative support. new text end
new text begin
The commissioner must provide the committee with
a committee administrator, staff support, a meeting room, and access to office equipment
and services.
new text end
Sec. 31.
Minnesota Statutes 2022, section 609.102, is amended to read:
609.102 deleted text begin LOCALdeleted text end CORRECTIONAL FEES; IMPOSITION BY COURT.
Subdivision 1.
Definition.
deleted text begin As used indeleted text end new text begin For purposes ofnew text end this section, "deleted text begin localdeleted text end correctional
fee" means a fee for local correctional services established by a deleted text begin local correctionaldeleted text end new text begin probationnew text end
agencynew text begin or the commissioner of correctionsnew text end under section 244.18.
Subd. 2.
deleted text begin Imposition ofdeleted text end new text begin Imposingnew text end fee.
When a court places a person convicted of a crime
under the supervision and control of a deleted text begin local correctionaldeleted text end new text begin probationnew text end agency, deleted text begin thatdeleted text end new text begin thenew text end agency
may collect a deleted text begin localdeleted text end correctional fee based on the deleted text begin local correctionaldeleted text end agency's fee schedule
adopted under section 244.18new text begin , subdivision 2new text end .
Subd. 2a.
deleted text begin Imposition ofdeleted text end new text begin Imposingnew text end correctional fee.
When a person convicted of a crime
is supervised by the commissioner of corrections, the commissioner may collect a correctional
feenew text begin based on the commissioner's fee schedule adoptednew text end under section deleted text begin 241.272deleted text end new text begin 244.18,
subdivision 2new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 32.
Minnesota Statutes 2022, section 609.14, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
(a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
which warrants the imposing or execution of sentence, the court may without notice revoke
the stay and direct that the defendant be taken into immediate custody.new text begin Revocation shall
only be used as a last resort when rehabilitation has failed.
new text end
(b) When it appears that the defendant violated any of the conditions of probation during
the term of the stay, but the term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate probation revocation proceedings
under the Rules of Criminal Procedure at any time within six months after the expiration
of the stay. The court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may conduct a
revocation hearing and take any action authorized under rule 27.04 at any time during or
after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or that a summons be issued in
accordance with paragraph (a), the proceedings to revoke the stay may be concluded and
the summary hearing provided by subdivision 2 may be conducted after the expiration of
the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke
the stay shall not be dismissed on the basis that the summary hearing is conducted after the
term of the stay or after the six-month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or after the six-month period shall
not preclude the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to gain an unfair
advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end
Sec. 33.
Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Violations where policies favor continued rehabilitation. new text end
new text begin
(a) Correctional
treatment is better provided through a community resource than through confinement and
would not unduly depreciate the seriousness of the violation if probation was not revoked.
Policies favoring probation outweigh the need for confinement if a person has not previously
violated a condition of probation or intermediate sanction in an open criminal case and does
any of the following in violation of a condition imposed by the court:
new text end
new text begin
(1) fails to abstain from the use of controlled substances without a valid prescription,
unless the person is under supervision for a violation of section:
new text end
new text begin
(i) 169A.20;
new text end
new text begin
(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end
new text begin
(iii) 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to
(6);
new text end
new text begin
(2) fails to abstain from the use of alcohol, unless the person is under supervision for a
violation of section:
new text end
new text begin
(i) 169A.20;
new text end
new text begin
(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end
new text begin
(iii) 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to
(6);
new text end
new text begin
(3) possesses drug paraphernalia in violation of section 152.092;
new text end
new text begin
(4) fails to obtain or maintain employment;
new text end
new text begin
(5) fails to pursue a course of study or vocational training;
new text end
new text begin
(6) fails to report a change in employment, unless the person is prohibited from having
contact with minors and the employment would involve such contact;
new text end
new text begin
(7) violates a curfew;
new text end
new text begin
(8) fails to report contact with a law enforcement agency, unless the person was charged
with a misdemeanor, gross misdemeanor, or felony; or
new text end
new text begin
(9) commits any offense for which the penalty is a petty misdemeanor.
new text end
new text begin
(b) A violation by a person described in paragraph (a) does not warrant the imposition
or execution of sentence and the court may not direct that the person be taken into immediate
custody unless the court receives a written report, signed under penalty of perjury pursuant
to section 358.116, showing probable cause to believe the person violated probation and
establishing by a preponderance of the evidence that the continued presence of the person
in the community would present a risk to public safety. If the court does not direct that the
person be taken into custody, the court may request a supplemental report from the
supervising agent containing:
new text end
new text begin
(1) the specific nature of the violation;
new text end
new text begin
(2) the response of the person under supervision to the violation, if any; and
new text end
new text begin
(3) the actions the supervising agent has taken or will take to address the violation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end
Sec. 34. new text begin REVISOR INSTRUCTION.
new text end
new text begin
As a result of amendments to Minnesota Statutes, chapters 244 and 401, the revisor of
statutes must work with the Department of Corrections to correct cross-references in
Minnesota Statutes and Minnesota Rules and make any other necessary grammatical changes.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, section 241.272,
new text end
new text begin
is repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, sections 244.196; 244.22; 244.32; and 401.07,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective August 1, 2023.
new text end
ARTICLE 18
SUPERVISED RELEASE BOARD; LIFE SENTENCES FOR CERTAIN OFFENDERS
Section 1.
new text begin
[244.049] SUPERVISED 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 Supervised Release Board is
established to review eligible cases and make release and final discharge decisions for:
new text end
new text begin
(1) inmates serving life sentences with the possibility of parole or supervised release
under sections 243.05, subdivision 1, and 244.05, subdivision 5;
new text end
new text begin
(2) inmates serving indeterminate sentences for crimes committed on or before April
30, 1980; and
new text end
new text begin
(3) inmates eligible for early supervised release under section 244.05, subdivision 4a.
new text end
new text begin
(b) Beginning July 1, 2024, the authority to grant discretionary release and final discharge
previously vested in the commissioner under sections 243.05, subdivisions 1, paragraph
(a), and 3; 244.08; and 609.12 is transferred to the board.
new text end
new text begin
(c) The board consists of the following members:
new text end
new text begin
(1) four individuals appointed by the governor who meet at least one of the following
qualifications:
new text end
new text begin
(i) a degree from an accredited law school or a bachelor's, master's, or doctorate degree
in criminology, corrections, social work, or a related social science;
new text end
new text begin
(ii) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; or
new text end
new text begin
(iii) demonstrated knowledge of victim issues and correctional processes;
new text end
new text begin
(2) two individuals appointed by the governor with an academic degree in neurology,
psychology, or a comparable field and who have expertise in the neurological development
of juveniles; and
new text end
new text begin
(3) the commissioner, who serves as chair.
new text end
new text begin
(d) The majority leader of the senate, minority leader of the senate, speaker of the house,
and minority leader of the house shall each recommend two candidates for appointment to
the positions described in paragraph (c), clause (1).
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
new text begin
(a) Appointed board members serve four-year staggered
terms, but the terms of the initial members are as follows:
new text end
new text begin
(1) three members must be appointed for terms that expire January 1, 2026; and
new text end
new text begin
(2) three members must be appointed for terms that expire January 1, 2028.
new text end
new text begin
(b) An appointed member is eligible for reappointment and a vacancy must be filled
according to subdivision 1.
new text end
new text begin
(c) For appointed members, compensation and removal are as provided in section 15.0575,
but the compensation rate is $250 a day or part of the day spent on board activities.
new text end
new text begin Subd. 3. new text end
new text begin Quorum; compensation; administrative duties. new text end
new text begin
(a) To make release and final
discharge decisions for eligible cases described in subdivision 1, paragraph (a), clause (1),
when the inmate was 18 years of age or older at the time of the commission of the offense,
and clause (2), the board must comprise a majority of the five members identified in
subdivision 1, paragraph (c), clauses (1) and (3). The members described in subdivision 1,
paragraph (c), clause (2) are ineligible to vote on those cases.
new text end
new text begin
(b) To make release and final discharge decisions for eligible cases described in
subdivision 1, paragraph (a), clause (1), when the inmate was under 18 years of age at the
time of the commission of the offense, and clause (3), the board must comprise a majority
of all seven members and include at least one member identified in subdivision 1, paragraph
(c), clause (2).
new text end
new text begin
(c) An appointed board member must visit at least one state correctional facility every
12 months.
new text end
new text begin
(d) The commissioner must provide the board with personnel, supplies, equipment,
office space, and other administrative services necessary and incident to fulfilling the board's
functions.
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:
new text end
new text begin
(1) supersedes the commissioner's authority to set conditions of release or revoke an
inmate's release for violating any of the conditions; or
new text end
new text begin
(2) 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
(a) Beginning February 15, 2025, and each February 15 thereafter, the
board must submit to the chairs and ranking minority members of the legislative committees
with jurisdiction over criminal justice policy a written report that:
new text end
new text begin
(1) details the number of inmates reviewed;
new text end
new text begin
(2) identifies inmates granted release or final discharge in the preceding year;
new text end
new text begin
(3) specifies the length of time served by individuals granted release or final discharge
in the preceding year before that release or discharge;
new text end
new text begin
(4) identifies any individual granted release or final discharge in the preceding year who
will remain in custody as the result of a consecutive sentence;
new text end
new text begin
(5) identifies the number of prior reviews of inmates who were granted release or final
discharge and inmates who were denied release or final discharge;
new text end
new text begin
(6) specifies the underlying offense of inmates who were granted release or final discharge
and inmates who were denied release or final discharge; and
new text end
new text begin
(7) provides demographic data of inmates who were granted release or final discharge
and inmates who were denied release or final discharge, including whether any of the
individuals were under 18 years of age at the time of committing the offense.
new text end
new text begin
(b) The report must also include the board's recommendations to the commissioner for
policy modifications that influence the board's duties.
new text end
Sec. 2.
Minnesota Statutes 2022, 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 4new text begin , 4a,new text end 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 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 segregation 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. 3.
Minnesota Statutes 2022, section 244.05, subdivision 4, is amended to read:
Subd. 4.
Minimum imprisonment, life sentence.
(a) An inmate serving a mandatory
life sentence under section 609.106new text begin , subdivision 2,new text end or 609.3455, subdivision 2, new text begin paragraph
(a), new text end must not be given supervised release under this section.
(b) new text begin Except as provided in paragraph (f), new text end an inmate serving a mandatory life sentence
under section 609.185, paragraph (a), clause (3), (5), or (6)new text begin , or section 609.2661, clause (3)new text end ;
or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given supervised
release under this section without having served a minimum term of 30 years.
(c) new text begin Except as provided in paragraph (f), new text end an inmate serving a mandatory life sentence
under section 609.385 must not be given supervised release under this section without having
served a minimum term of imprisonment of 17 years.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3
or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.
new text begin
(e) An inmate serving a mandatory life sentence under section 609.106, subdivision 3,
or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under this
section without having served a minimum term of imprisonment specified in subdivision
4b.
new text end
new text begin
(f) An inmate serving a mandatory life sentence for a crime described in paragraph (b)
or (c) who was under 18 years of age at the time of the commission of the offense must not
be given supervised release under this section without having served a minimum term of
imprisonment specified in subdivision 4b.
new text end
Sec. 4.
Minnesota Statutes 2022, section 244.05, is amended by adding a subdivision to
read:
new text begin Subd. 4a. new text end
new text begin
Eligibility for early supervised release; offenders who were under 18 at
the time of offense.
new text end
new text begin
Notwithstanding any other provision of law, any person who was under
the age of 18 at the time of the commission of an offense is eligible for early supervised
release if the person is serving an executed sentence that exceeds the minimum term of
imprisonment specified in subdivision 4b.
new text end
Sec. 5.
Minnesota Statutes 2022, section 244.05, is amended by adding a subdivision to
read:
new text begin Subd. 4b. new text end
new text begin
Offenders who were under 18 at the time of offense; minimum terms of
imprisonment.
new text end
new text begin
Any person serving one or more mandatory life sentences or any combination
of sentences that include combined terms of imprisonment that exceed the applicable
minimum term specified in this section is eligible for supervised release if the person was
under the age of 18 at the time of the commission of the relevant offenses and has served
a minimum of:
new text end
new text begin
(1) 15 years if the person:
new text end
new text begin
(i) received a determinate sentence with a period of imprisonment of more than 15 years;
new text end
new text begin
(ii) received separate, consecutive, executed determinate sentences for two or more
crimes that include combined terms of imprisonment that total more than 15 years and do
not involve separate victims; or
new text end
new text begin
(iii) was sentenced to one mandatory life sentence that is not consecutive to any other
sentence involving a separate victim and to which no other sentence involving a separate
victim is consecutive;
new text end
new text begin
(2) 20 years if the person:
new text end
new text begin
(i) received separate, consecutive, executed determinate sentences for two or more crimes
that include combined terms of imprisonment that total more than 20 years and involved
separate victims;
new text end
new text begin
(ii) was sentenced to one mandatory life sentence that is consecutive to any determinate
sentence involving a separate victim or to which a determinate sentence involving a separate
victim is consecutive; or
new text end
new text begin
(iii) was sentenced to two consecutive mandatory life sentences; or
new text end
new text begin
(3) 30 years if the person was sentenced to three or more consecutive life sentences.
new text end
Sec. 6.
Minnesota Statutes 2022, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life deleted text begin sentencedeleted text end new text begin and indeterminate sentencesnew text end .
(a) The
deleted text begin commissioner of correctionsdeleted text end new text begin boardnew text end may, under rules deleted text begin promulgateddeleted text end new text begin adoptednew text end by the
commissioner, deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole as follows:
new text end
new text begin (1) new text end to an inmate serving a mandatory life sentence deleted text begin 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,deleted text end after the inmate has served the minimum term of
imprisonment specified in subdivision 4new text begin or section 243.05, subdivision 1, paragraph (a);
new text end
new text begin
(2) at any time for an inmate serving a nonlife indeterminate sentence for a crime
committed on or before April 30, 1980; or
new text end
new text begin (3) to an inmate eligible for early supervised release under subdivision 4a after the inmate
has served the minimum term of imprisonmentnew text end .
new text begin
(b) For cases involving multiple sentences, the board must grant or deny supervised
release as follows:
new text end
new text begin
(1) if an inmate is serving multiple sentences that are concurrent to one another, the
board must grant or deny supervised release on all unexpired sentences; and
new text end
new text begin
(2) notwithstanding any other law to the contrary, if an inmate who was under the age
of 18 at the time of the commission of the relevant offenses and has served the minimum
term of imprisonment specified in subdivision 4b is serving multiple sentences that are
consecutive to one another, the board may grant or deny supervised release on one or more
sentences.
new text end
new text begin
(c) No less than three years before an inmate has served the applicable minimum term
of imprisonment, the board must assess the inmate's status and make programming
recommendations relevant to the inmate's release review. The commissioner must ensure
that any board programming recommendations are followed and implemented.
new text end
new text begin
(d) The board must conduct a supervised release review hearing as soon as practicable
before an inmate has served the applicable minimum term of imprisonment.
new text end
deleted text begin (b)deleted text end new text begin (e)new text end The deleted text begin commissionerdeleted text end new text begin boardnew text end shall require the preparation of a community investigation
report deleted text begin and shall consider the findings of the report when making a supervised release decision
under this subdivisiondeleted text end . The report shallnew text begin :
new text end
new text begin (1)new text end reflect the sentiment of the various elements of the community toward the inmate,
both at the time of the offense and at the present timedeleted text begin . The report shalldeleted text end new text begin ;
new text end
new text begin (2)new text end 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 decisiondeleted text begin . The report shall alsodeleted text end new text begin ;
and
new text end
new text begin (3)new text end include the views of the victim and the victim's family unless the victim or the victim's
family chooses not to participate.
new text begin
(f) The board shall require the preparation of a development report when making a
supervised release decision regarding an inmate who was under 18 years of age at the time
of the commission of the offense. The report must be prepared by a mental health professional
qualified to provide services to a client under section 245I.04, subdivision 2, clause (1) to
(4) or (6), and must address the inmate's cognitive, emotional, and social maturity. The
board may use a previous report that was prepared within 12 months immediately preceding
the hearing.
new text end
deleted text begin (c)deleted text end new text begin (g)new text end The deleted text begin commissionerdeleted text end new text begin boardnew text end shall make reasonable efforts to notify the victim, in
advance, of the time and place of the inmate's deleted text begin superviseddeleted text end 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. deleted text begin The
commissioner must consider the victim's statement when making the supervised release
decision.
deleted text end
new text begin
(h) The board shall permit a prosecutor from the office that prosecuted the case to submit
a written statement in advance of the review hearing.
new text end
deleted text begin (d)deleted text end new text begin (i)new text end When considering whether to deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole new text end to an inmate
serving a life sentence deleted text begin under section 609.3455, subdivision 3 or 4deleted text end new text begin or indeterminate sentencenew text end ,
the deleted text begin commissionerdeleted text end new text begin boardnew text end shall consider, at a minimum, the following:
new text begin
(1) the report prepared pursuant to paragraph (e);
new text end
new text begin
(2) the report prepared pursuant to paragraph (f), if applicable;
new text end
new text begin
(3) a victim statement under paragraph (g), if submitted;
new text end
new text begin
(4) the statement of a prosecutor under paragraph (h), if submitted;
new text end
new text begin (5)new text end the risk the inmate poses to the community if releaseddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end the inmate's progress in treatment,new text begin if applicablenew text end new text begin ;
new text end
new text begin (7)new text end the inmate's behavior while incarcerateddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (8)new text end psychological or other diagnostic evaluations of the inmatedeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(9) information on the inmate's rehabilitation while incarcerated;
new text end
new text begin (10)new text end the inmate's criminal historydeleted text begin ,deleted text end new text begin ;
new text end
new text begin (11) if the inmate was under 18 years of age at the time of the commission of the offense,
relevant science on the neurological development of juveniles and information on the inmate's
maturity and development while incarcerated;new text end and
new text begin (12)new text end any other relevant conduct of the inmate while incarcerated or before incarceration.
new text begin (j) new text end The deleted text begin commissionerdeleted text end new text begin boardnew text end may not deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole new text end to deleted text begin thedeleted text end new text begin annew text end
inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatmentnew text begin , if applicablenew text end ;
(ii) the inmate has been assessed for substance use disorder needs and, if appropriate,
has successfully completed substance use disorder 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 thatnew text begin :
new text end
new text begin (i)new text end ensures that, after release, the inmate will have suitable housing and receive appropriate
aftercare and community-based treatmentdeleted text begin . The comprehensive plan also must includedeleted text end new text begin ; and
new text end
new text begin (ii) includesnew text end a postprison employment or education plan for the inmate.
new text begin
(k) Supervised release or parole must be granted with a majority vote of the quorum
required under section 244.049, subdivision 3. If there is a tie vote, supervised release or
parole is granted only if the commissioner votes in favor of granting supervised release or
parole.
new text end
new text begin
(l) Within 30 days after a supervised release review hearing, the board must issue a
decision on granting release, including an explanation for the decision. If an inmate is serving
multiple sentences that are concurrent to one another, the board must grant or deny supervised
release on all sentences.
new text end
new text begin
(m) If the board does not grant supervised release, the explanation of that decision must
identify specific steps that the inmate can take to increase the likelihood that release will
be granted at a future hearing.
new text end
new text begin
(n) When granting supervised release under this subdivision, the board must set prerelease
conditions to be followed by the inmate, if time permits, before their actual release or before
constructive parole becomes effective. If the inmate violates any of the prerelease conditions,
the commissioner may rescind the grant of supervised release without a hearing at any time
before the inmate's release or before constructive parole becomes effective. A grant of
constructive parole becomes effective once the inmate begins serving the consecutive
sentence.
new text end
new text begin
(o) If the commissioner rescinds a grant of supervised release or parole, the board:
new text end
new text begin
(1) must set a release review date that occurs within 90 days of the commissioner's
rescission; and
new text end
new text begin
(2) by majority vote, may set a new supervised release date or set another review date.
new text end
new text begin
(p) If the commissioner revokes supervised release or parole for an inmate serving a life
sentence, the revocation is not subject to the limitations under section 244.30 and the board:
new text end
new text begin
(1) must set a release review date that occurs within one year of the commissioner's final
revocation decision; and
new text end
new text begin
(2) by majority vote, may set a new supervised release date or set another review date.
new text end
new text begin
(q) The board may, by a majority vote, grant a person on supervised release or parole
for a life or indeterminate sentence a final discharge from their sentence in accordance with
section 243.05, subdivision 3. In no case, however, may a person subject to a mandatory
lifetime conditional release term under section 609.3455, subdivision 7, be discharged from
that term.
new text end
deleted text begin (e) As used indeleted text end new text begin (r) For purposes ofnew text end this subdivisiondeleted 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;
new text end
new text begin
(2) "constructive parole" means the status of an inmate who has been paroled from an
indeterminate sentence to begin serving a consecutive sentence in prison; and
new text end
new text begin (3)new text end "victim" deleted text begin 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 kindeleted text end new text begin has the
meaning given in section 611A.01, paragraph (b)new text end .
Sec. 7.
Minnesota Statutes 2022, section 244.101, subdivision 1, is amended to read:
Subdivision 1.
Executed sentences.
new text begin Except as provided in section 244.05, subdivision
4a, new text end when a felony offender is sentenced to a fixed executed sentence for an offense committed
on or after August 1, 1993, the executed sentence consists of two parts: (1) a specified
minimum term of imprisonment that is equal to two-thirds of the executed sentence; and
(2) a specified maximum supervised release term that is equal to one-third of the executed
sentence. The amount of time the inmate actually serves in prison and on supervised release
is subject to the provisions of section 244.05, subdivision 1b.
Sec. 8.
Minnesota Statutes 2022, section 609.106, subdivision 2, is amended to read:
Subd. 2.
Life without release.
new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), or (7)new text begin , or murder of unborn child in the first degree under section
609.2661, clause (1) or (2)new text end ;
(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3)new text begin , or murder of unborn child in
the first degree in the course of a kidnapping under section 609.2661, clause (3)new text end ; or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), new text begin or murder of unborn child in the first degree under section 609.2661,
clause (3), new text end and the court determines on the record at the time of sentencing that the person
has one or more previous convictions for a heinous crime.
Sec. 9.
Minnesota Statutes 2022, section 609.106, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Offender under age 18; life imprisonment. new text end
new text begin
The court shall sentence a person
who was under 18 years of age at the time of the commission of an offense under the
circumstances described in subdivision 2 to imprisonment for life.
new text end
Sec. 10.
Minnesota Statutes 2022, section 609.3455, subdivision 2, is amended to read:
Subd. 2.
Mandatory life sentence without release; egregious first-time and repeat
offenders.
(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person convicted
under section 609.342, subdivision 1, paragraph (a), (b), (c), (d), or (e), or subdivision 1a,
clause (a), (b), (c), (d), (h), or (i); or 609.343, subdivision 1, paragraph (a), (b), (c), (d), or
(e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life without the possibility of
release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, 609.344, or 609.3458, subdivision 1, paragraph (b), and the fact finder determines
that a heinous element exists for the present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.
new text begin
(c) The court shall sentence a person who was under 18 years of age at the time of the
commission of an offense described in paragraph (a) to imprisonment for life.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.3455, subdivision 5, is amended to read:
Subd. 5.
Life sentences; minimum term of imprisonment.
At the time of sentencing
under subdivision 3 or 4, 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 begin If the offender was
under 18 years of age at the time of the commission of the offense, the minimum term of
imprisonment specified by the court shall not exceed the applicable minimum term of
imprisonment described in subdivision 4b.
new text end
Sec. 12. new text begin SUPERVISED RELEASE BOARD; TRANSITION PERIOD.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 244.049, subdivision 1, paragraph (a),
the Supervised Release Board must not begin to review eligible cases and make release and
final discharge decisions until July 1, 2024.
new text end
new text begin
(b) Notwithstanding the board's responsibilities under Minnesota Statutes, section 244.05,
subdivision 4a, and beginning July 1, 2023, through June 30, 2024, the commissioner of
corrections may review eligible cases under Minnesota Statutes, section 244.05, subdivision
4a, and make necessary release decisions and programming recommendations relevant to
the commissioner's review in accordance with Minnesota Statutes, section 244.05, subdivision
5. The commissioner may only review cases and make decisions under this paragraph after
an eligible individual has served at least 15 years of imprisonment.
new text end
Sec. 13. new text begin REVISOR INSTRUCTION.
new text end
new text begin
Where necessary to reflect the transfer under Minnesota Statutes, section 244.049,
subdivision 1, the revisor of statutes must change the term "commissioner" or "commissioner
of corrections" to "Supervised Release Board" or "board" in Minnesota Statutes, sections
243.05, subdivisions 1, paragraph (a), and 3; 244.08; and 609.12 and make any other
necessary grammatical changes.
new text end
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 2 to 4 and 6 to 10 are effective July 1, 2023, and apply to offenders sentenced
on or after that date and retroactively to offenders:
new text end
new text begin
(1) sentenced to life imprisonment without possibility of release following a conviction
under Minnesota Statutes, section 609.185, paragraph (a), for an offense committed when
the offender was under 18 years of age and when a sentence was imposed pursuant to
Minnesota Statutes, section 609.106, subdivision 2;
new text end
new text begin
(2) sentenced to life imprisonment without possibility of release following a conviction
under Minnesota Statutes, section 609.3455, subdivision 2, for an offense committed when
the offender was under 18 years of age;
new text end
new text begin
(3) sentenced to life imprisonment under Minnesota Statutes, section 609.185, paragraph
(a), clause (3), (5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3, for
an offense committed when the offender was under 18 years of age;
new text end
new text begin
(4) sentenced to life imprisonment under Minnesota Statutes, section 609.2661, for an
offense committed when the offender was under 18 years of age;
new text end
new text begin
(5) sentenced to life imprisonment under Minnesota Statutes, section 609.385, for an
offense committed when the offender was under 18 years of age;
new text end
new text begin
(6) sentenced to life imprisonment under Minnesota Statutes, section 609.3455,
subdivision 3 or 4, if the minimum term of imprisonment specified by the court in its sentence
exceeds 15 years for an offense committed when the offender was under 18 years of age;
or
new text end
new text begin
(7) sentenced to an executed sentence that includes a term of imprisonment of more than
15 years or separate, consecutive executed sentences for two or more crimes that include
combined terms of imprisonment that total more than 15 years for an offense committed
when the offender was under 18 years of age.
new text end
ARTICLE 19
CIVIL LAW
A. CIVIL LAW, PROPERTY, AND BOARD MEMBERSHIP
Section 1.
Minnesota Statutes 2022, section 15.0597, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms shall have
the meanings given them.
(b) "Agency" means (1) a state board, commission, council, committee, authority, task
force, including an advisory task force created under section 15.014 or 15.0593, a group
created by executive order of the governor, or other similar multimember agency created
by law and having statewide jurisdiction; and (2) the Metropolitan Council, metropolitan
agency, Capitol Area Architectural and Planning Board, and any agency with a regional
jurisdiction created in this state pursuant to an interstate compact.
(c) "Vacancy" or "vacant agency position" means (1) a vacancy in an existing agency,
or (2) a new, unfilled agency position. deleted text begin Vacancy includes a position that is to be filled through
appointment of a nonlegislator by a legislator or group of legislators;deleted text end Vacancy does not
mean (1) a vacant position on an agency composed exclusively of persons employed by a
political subdivision or another agency, deleted text begin ordeleted text end (2) a vacancy to be filled by a person required
to have a specific title or positionnew text begin , (3) a vacancy that is to be filled through appointment of
a legislator by a legislator or group of legislators, or (4) a position appointed by a private
entity or individual, in the manner specified in the document creating the agency, unless
otherwise providednew text end .
(d) "Secretary" means the secretary of state.
new text begin
(e) "Appointing authority" means the individual or entity with the specific authority to
appoint open or direct appointment positions. This includes, but is not limited to, the
governor, state agency commissioners, indigenous Tribal leaders, designated legislative
leaders and local agency heads, persons who have been specifically delegated the authority
to make those appointments, or private entities or persons as designated by the document
creating the agency. Appointments should be evidenced by a document signed by the
appointing authority's most senior official. Appointments that do not specify an appointing
authority shall be made in the manner provided in section 4.04.
new text end
new text begin
(f) "Direct appointments" means: (1) the appointment of members to an agency, pursuant
to a process not subject to this section; and (2) those members of an agency appointed
through a process not subject to this section. Direct appointments must be provided for
specifically in the documents creating the agency, whether enabling law, executive order,
commissioner's order, or otherwise.
new text end
Sec. 2.
Minnesota Statutes 2022, section 15.0597, subdivision 4, is amended to read:
Subd. 4.
Notice of vacancies.
The chair of an existing agency, shall notify the secretary
by electronic means of a vacancy scheduled to occur in the agency as a result of the expiration
of membership terms at least 45 days before the vacancy occurs. The chair of an existing
agency deleted text begin shall give electronic notification todeleted text end new text begin must notifynew text end the secretary of each vacancy
occurring as a result of newly created agency positions and of every other vacancy occurring
for any reason other than the expiration of membership terms as soon as possible upon
learning of the vacancy and in any case within 15 days after the occurrence of the vacancy.new text begin
The chair may submit vacancy notices by posting seat openings on the secretary of state's
boards and commissions website.
new text end
new text begin
(b) If a vacancy is to be appointed by the governor, the chair must first notify the governor
and receive permission to post the vacancy. Where a vacancy is created by resignation, the
vacancy may not be posted until receipt and acceptance of the resignation of the incumbent
as provided by section 351.01, subdivision 1, clause (2), is confirmed by the governor.
new text end
new text begin (c)new text end The appointing authority for newly created agencies shall give electronic notification
to the secretary of all vacancies in the new agency within 15 days after the creation of the
agency. The secretary may require the submission of notices required by this subdivision
by electronic means.
new text begin (d)new text end The secretary shall publish monthly on the website of the secretary of state a list of
all vacancies of which the secretary has been so notified. Only one notice of a vacancy shall
be so published, unless the appointing authority rejects all applicants and requests the
secretary to republish the notice of vacancy. One copy of the listing shall be made available
at the office of the secretary to any interested person. The secretary shall distribute by mail
or electronic means copies of the listings to requesting persons.
new text begin (e)new text end The listing for all vacancies scheduled to occur in the month of January shall be
published on the website of the secretary of state together with the compilation of agency
data required to be published pursuant to subdivision 3.
new text begin (f) new text end If a vacancy occurs within three months after an appointment is made to fill a regularly
scheduled vacancy, the appointing authority may, upon notification by electronic means to
the secretary, fill the vacancy by appointment from the list of persons submitting applications
to fill the regularly scheduled vacancy.
Sec. 3.
Minnesota Statutes 2022, section 15.0597, subdivision 5, is amended to read:
Subd. 5.
Nominations for vacancies.
Any person may make a self-nomination for
appointment to an agency vacancy by completing an application on a form prepared and
distributed by the secretary. The secretary may provide for the submission of the application
by electronic means. Any person or group of persons may, on the prescribed application
form, nominate another person to be appointed to a vacancy so long as the person so
nominated consents on the application form to the nomination. The application form shall
specify the nominee's name, mailing address, electronic mail address, telephone number,
preferred agency position sought, a statement that the nominee satisfies any legally prescribed
qualifications, deleted text begin a statement whether the applicant has ever been convicted of a felony,deleted text end and
any other information the nominating person feels would be helpful to the appointing
authority. The nominating person has the option of indicating the nominee's sex, political
party preference or lack thereof, status with regard to disability, race, veteran status, and
national origin on the application form. The application form shall make the option known.
If a person submits an application at the suggestion of an appointing authority, the person
shall so indicate on the application form. Twenty-one days after publication of a vacancy
on the website of the secretary of state pursuant to subdivision 4, the secretary shall submit
electronic copies of all applications received for a position to the appointing authority
charged with filling the vacancy. deleted text begin If no applications have been received by the secretary for
the vacant position by the date when electronic copies must be submitted to the appointing
authority, the secretary shall so inform the appointing authority.deleted text end Applications received by
the secretary shall be deemed to have expired one year after receipt of the application. An
application for a particular agency position shall be deemed to be an application for all
vacancies in that agency occurring prior to the expiration of the application and shall be
public information.
Sec. 4.
Minnesota Statutes 2022, section 15.0597, subdivision 6, is amended to read:
Subd. 6.
Appointments.
new text begin (a) new text end In making an appointment to a vacant agency position, the
appointing authority shall consider applications for positions in that agency supplied by the
secretary. No appointing authority may appoint someone to a vacant agency position until
deleted text begin (1) tendeleted text end new text begin fivenew text end days after receipt of the applications for positions in that agency from the
secretary deleted text begin or (2) receipt of notice from the secretary that no applications have been received
for vacant positions in that agencydeleted text end new text begin as provided for in subdivision 5new text end . At least five days before
the date of appointment, the appointing authority shall issue a public announcement and
inform the secretary by electronic means of the name of the person the appointing authority
deleted text begin intends to appointdeleted text end new text begin has appointednew text end to fill the agency vacancy and the expiration date of that
person's term.
new text begin
(b) No person may serve in a position until the appointing authority has submitted either
(1) a signed notice of appointment or (2) the documents required by paragraph (e) to the
secretary of state, and the term of the appointee may not commence on a date preceding the
date of the signature on the notice of appointment or the paragraph (e) submission.
new text end
new text begin
(c) An oath of office for each appointee to an agency must be submitted to the secretary
of state under section 358.05.
new text end
new text begin (d)new text end If the appointing authority intends to appoint a person other than one for whom an
application was submitted pursuant to this section, the appointing authority shall complete
an application form on behalf of the appointee and submit it to the secretary indicating on
the application that it is submitted by the appointing authority.
new text begin
(e) An appointing authority making a direct appointment must submit a letter to the
secretary of state stating the name of the person appointed, the agency and the specific seat
to which they are appointed, contact information, the date on which the term begins, and
length of the term.
new text end
new text begin
(f) No person may simultaneously occupy more than one position on the same agency
board. Appointment or designation of a member as chair of an agency does not constitute
a violation of this paragraph.
new text end
Sec. 5.
Minnesota Statutes 2022, section 168B.07, subdivision 3, is amended to read:
Subd. 3.
Retrieval of contentsnew text begin ; right to reclaimnew text end .
(a) For purposes of this subdivision:
(1) "contents" does not include any permanently affixed mechanical or nonmechanical
automobile parts; automobile body parts; or automobile accessories, including audio or
video players; and
(2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary
Work Program, medical assistance, general assistance, emergency general assistance,
Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental
Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance
Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit.
(b) A unit of government or impound lot operator deleted text begin shalldeleted text end new text begin mustnew text end establish reasonable
procedures for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
(c) At any time before the expiration of the waiting periods provided in section 168B.051,
a registered ownernew text begin of a vehiclenew text end who providesnew text begin proof of identity that includes photographic
identification andnew text end documentation from a government or nonprofit agency or legal aid office
that the registered owner is homeless, receives relief based on need, or is eligible for legal
aid services, has the unencumbered right to retrieve any and all contents without charge and
regardless of whether the registered owner pays incurred charges or fees, transfers title, or
reclaims the vehicle.new text begin A refusal by the impound lot operator to allow the registered owner
to retrieve the vehicle contents after the owner provides valid documentation is a violation
of this paragraph.
new text end
new text begin
(d) An impound lot operator may make copies of the documents presented by the
registered owner under paragraph (c), and the impound lot operator must return all of the
original documents to the registered owner immediately after copying them.
new text end
Sec. 6.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3a. new text end
new text begin Retrieval of contents; identification, medicine, and medical equipment. new text end
new text begin
An
impound lot operator must allow any registered vehicle owner to retrieve, or must retrieve
for the vehicle owner, the following from the impounded vehicle: proof of identification;
prescription medicine; and durable medical equipment, including but not limited to
wheelchairs, prosthetics, canes, crutches, walkers, and external braces.
new text end
Sec. 7.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Retrieval of contents; notice of denial. new text end
new text begin
(a) This subdivision applies to an
impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit
of government exclusively contracts to operate an impound lot solely for public use under
section 168B.09.
new text end
new text begin
(b) An impound lot operator who denies a request of a registered vehicle owner to retrieve
vehicle contents after the registered owner presents documentation pursuant to subdivision
3, paragraph (c), must, at the time of denial, provide the registered owner with a written
statement that identifies the specific reasons for the denial.
new text end
Sec. 8.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3c. new text end
new text begin Retrieval of contents; public notice. new text end
new text begin
(a) This subdivision applies to an
impound lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit
of government exclusively contracts to operate an impound lot solely for public use under
section 168B.09.
new text end
new text begin
(b) An impound lot operator must post a conspicuous notice at its place of operation in
the following form:
new text end
new text begin
"If you receive government benefits, are currently homeless, or are eligible for legal aid
services, you have the right to get the contents out of your car free of charge IF you provide:
new text end
new text begin
(1) a photo ID (such as a driver's license, passport, or employer ID); AND
new text end
new text begin
(2) documentation from a government or nonprofit agency or from a legal aid office that
shows you get benefits from a government program based on your income, you are homeless,
or you are eligible for legal aid services. Examples of this documentation include BUT ARE
NOT LIMITED TO:
new text end
new text begin
- an EBT card;
new text end
new text begin
- a Medical Assistance or MinnesotaCare card;
new text end
new text begin
- a Supplemental Nutrition Assistance Program (SNAP) card; and
new text end
new text begin
- a letter, email, or other document from a government agency, nonprofit organization,
or legal aid organization showing that you get benefits from a government program based
on your income, you are homeless, or you are eligible for legal aid services."
new text end
Sec. 9.
Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to
read:
new text begin Subd. 3d. new text end
new text begin Retrieval of contents; remedy. new text end
new text begin
(a) This subdivision applies to an impound
lot operator (1) who operates a nonpublic impound lot, or (2) with which a unit of government
exclusively contracts to operate an impound lot solely for public use under section 168B.09.
new text end
new text begin
(b) If an impound lot operator denies the registered owner the right to retrieve the vehicle
contents in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle owner
has a cause of action against the impound lot operator as provided in this subdivision.
new text end
new text begin
(c) If the vehicle and its contents remain in the possession of the impound lot operator
and retrieval of the vehicle contents was denied in violation of subdivision 3, paragraph (c),
an aggrieved registered vehicle owner is entitled to injunctive relief to retrieve the vehicle
contents as well as reasonable attorney fees and costs.
new text end
new text begin
(d) If an impound lot operator sells or disposes of the vehicle contents after the registered
owner has provided the documentation required under subdivision 3, paragraph (c), an
aggrieved registered vehicle owner is entitled to statutory damages in an amount of $1,000
and reasonable attorney fees and costs. An action brought pursuant to this paragraph must
be brought within 12 months of when the vehicle was impounded.
new text end
Sec. 10.
Minnesota Statutes 2022, section 169A.63, subdivision 8, is amended to read:
Subd. 8.
Administrative forfeiture procedure.
(a) A motor vehicle used to commit a
designated offense or used in conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within
a reasonable time after seizure, the appropriate agency shall serve the driver or operator of
the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when
a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all
persons known to have an ownership, possessory, or security interest in the vehicle must
be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to
be registered under chapter 168, the notification to a person known to have a security interest
in the vehicle is required only if the vehicle is registered under chapter 168 and the interest
is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting
authority, a court may extend the time period for sending notice for a period not to exceed
90 days for good cause shown. Notice mailed by certified mail to the address shown in
Department of Public Safety records is sufficient notice to the registered owner of the
vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed
by certified mail to the address shown in the applicable filing or registration for the vehicle
is sufficient notice to a person known to have an ownership, possessory, or security interest
in the vehicle. Otherwise, notice may be given in the manner provided by law for service
of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
obtaining that judicial review, printed in English. This requirement does not preclude the
appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the property was seized, you will
automatically lose the above-described property and the right to be heard in court if you do
not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
file in district court. You do not have to pay a filing fee for your lawsuit.
WARNING: If you have an ownership interest in the above-described property and were
not the person arrested when the property was seized, you will automatically lose the
above-described property and the right to be heard in court if you do not notify the
prosecuting authority of your interest in writing within 60 days."
(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted
or the extension period has expired, the appropriate agency shall return the vehicle to the
owner. An agency's return of property due to lack of proper notice does not restrict the
agency's authority to commence a forfeiture proceeding at a later time.
(e) Within 60 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture.
The claimant may serve the complaint by certified mail or any means permitted by court
rules. If the value of the seized property is $15,000 or less, the claimant may file an action
in conciliation court for recovery of the seized vehicle. A copy of the conciliation court
statement of claim deleted text begin mustdeleted text end new text begin maynew text end be served personally or deleted text begin by maildeleted text end new text begin as permitted by the Rules of
Conciliation Court Procedurenew text end on the prosecuting authority having jurisdiction over the
forfeiture within 60 days following service of the notice of seizure and forfeiture under this
subdivision. The claimant does not have to pay the court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may
be charged for the prosecuting authority's appearance in the matter. The prosecuting authority
may appear for the appropriate agency. Pleadings, filings, and methods of service are
governed by the Rules of Civil Procedurenew text begin and, where applicable, by the Rules of Conciliation
Court Procedurenew text end .
(f) The complaint must be captioned in the name of the claimant as plaintiff and the
seized vehicle as defendant, and must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and
any affirmative defenses the claimant may have. Notwithstanding any law to the contrary,
an action for the return of a vehicle seized under this section may not be maintained by or
on behalf of any person who has been served with a notice of seizure and forfeiture unless
the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted as provided under subdivision
9.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2022, section 259.11, is amended to read:
259.11 ORDER; FILING COPIES.
(a) Upon meeting the requirements of section 259.10, the court shall grant the application
unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits
granting the name change; or (3) in the case of the change of a minor child's name, the court
finds that such name change is not in the best interests of the child. The court shall set forth
in the order the name and age of the applicant's spouse and each child of the applicant, if
any, and shall state a description of the lands, if any, in which the applicant and the spouse
and children, if any, claim to have an interest. The court administrator shall file such order,
and record the same in the judgment book. If lands be described therein, a certified copy of
the order shall be filed for record, by the applicant, with the county recorder of each county
wherein any of the same are situated. Before doing so the court administrator shall present
the same to the county auditor who shall enter the change of name in the auditor's official
records and note upon the instrument, over an official signature, the words "change of name
recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until
the applicant shall have paid to the county recorder and court administrator the fee required
by law. No application shall be denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall determine whether the
person has a criminal history in this or any other state. The court may conduct a search of
national records through the Federal Bureau of Investigation by submitting a set of
fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is
determined that the person has a criminal history in this or any other state, the court shall,
within ten days after the name change application is granted, report the name change to the
Bureau of Criminal Apprehension. The person whose name is changed shall also report the
change to the Bureau of Criminal Apprehension within ten days. The court granting the
name change application must explain this reporting duty in its order. Any person required
to report the person's name change to the Bureau of Criminal Apprehension who fails to
report the name change as required under this paragraph is guilty of a gross misdemeanor.
(c) Paragraph (b) does not apply to deleted text begin eitherdeleted text end :
(1) a request for a name change as part of an application for a marriage license under
section 517.08; deleted text begin or
deleted text end
(2) a request for a name change in conjunction with a marriage dissolution under section
518.27new text begin ; or
new text end
new text begin (3) a request for a name change filed under section 259.14new text end .
Sec. 12.
Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read:
Subdivision 1.
Procedure for seeking name change.
(a) A person with a felony
conviction under Minnesota law or the law of another state or federal jurisdiction shall serve
a notice of application for a name change on the prosecuting authority that obtained the
conviction against the person when seeking a name change through one of the following
procedures:
(1) an application for a name change under section 259.10;
deleted text begin
(2) a request for a name change as part of an application for a marriage license under
section 517.08; or
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end a request for a name change in conjunction with a marriage dissolution under
section 518.27deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(3) a request for a name change under section 259.14.
new text end
If the conviction is from another state or federal jurisdiction, notice of application must also
be served on the attorney general.
(b) A person who seeks a name change under section 259.10 or 518.27 shall file proof
of service with the court as part of the name change request. deleted text begin A person who seeks a name
change under section 517.08 shall file proof of service with the county as part of the
application for a marriage license.
deleted text end
(c) The name change request may not be granted during the 30-day period provided for
in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the
requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a
marriage license under section 517.08, which may be granted without the name change.
Sec. 13.
Minnesota Statutes 2022, section 259.13, subdivision 5, is amended to read:
Subd. 5.
Costs.
new text begin (a) Except as provided in paragraph (b), new text end a person seeking a name change
under this section may proceed in forma pauperis only when the failure to allow the name
change would infringe upon a constitutional right.
new text begin
(b) A court shall not require a person with a felony conviction to pay filing fees for a
name change application provided that the person files the action within 180 days after the
marriage and submits to the court a certified copy of the marriage certificate.
new text end
Sec. 14.
new text begin
[259.14] POSTDISSOLUTION NAME CHANGE.
new text end
new text begin
(a) Unless section 259.13 applies, a person who has resided in this state for at least six
months and obtained the person's most recent final marriage dissolution from a district court
may apply to the district court in the county where the person resides to change the person's
name to the legal name on the person's birth certificate. A person applying for a name change
must submit a certified copy of the certificate of dissolution issued pursuant to section
518.148 and a certified copy of the person's birth certificate. A person applying for a name
change who obtained a divorce in a state other than Minnesota must submit a certified copy
of the certificate of dissolution or a certified copy of an equivalent court order ending the
marriage and a certified copy of the person's birth certificate.
new text end
new text begin
(b) A court shall not require a person applying for a name change to pay filing fees for
an application submitted pursuant to this section. Notwithstanding section 259.10, a court
shall not require the person applying for a name change pursuant to this section to provide
proof of the person's identity by two witnesses unless the proof of identity is necessary to
determine whether the person has an intent to defraud or mislead the court.
new text end
new text begin
(c) Upon meeting the requirements of this section, the court shall grant the application
for a name change unless the court finds that (1) the person has an intent to defraud or
mislead the court; or (2) the name change is subject to section 259.13. The court shall notify
the person applying for a name change that using a different surname without complying
with section 259.13, if applicable, is a gross misdemeanor.
new text end
Sec. 15.
Minnesota Statutes 2022, section 325F.70, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Private enforcement. new text end
new text begin
(a) In addition to the remedies otherwise provided by
law, a consumer injured by a violation of sections 325F.68 to 325F.70, in connection with
a sale of merchandise for personal, family, household, or agricultural purposes, may bring
a civil action and recover damages, together with costs and disbursements, including costs
of investigation and reasonable attorney fees, and receive other equitable relief as determined
by the court. An action brought under this section benefits the public.
new text end
new text begin
(b) For the purposes of this subdivision:
new text end
new text begin
(1) "consumer" means a natural person or family farmer;
new text end
new text begin
(2) "family farmer" means a person or persons operating a family farm; and
new text end
new text begin
(3) "family farm" has the meaning given in section 116B.02, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action commenced on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2022, section 325F.992, subdivision 3, is amended to read:
Subd. 3.
Penalties; remedies.
In addition to any other remedies available under the law,
the military beneficiary injured by a violation of this section may bring a cause of action to
recover damages, reasonable attorney fees and costs, deleted text begin ordeleted text end new text begin andnew text end equitable relief related to a
violation of subdivision 2. The attorney general may enforce this section pursuant to
applicable law.
Sec. 17.
Minnesota Statutes 2022, section 336.9-601, is amended to read:
336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT;
CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT
INTANGIBLES, OR PROMISSORY NOTES.
(a) Rights of secured party after default. After default, a secured party has the rights
provided in this part and, except as otherwise provided in section 336.9-602, those provided
by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security
interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the
goods they cover.
(b) Rights and duties of secured party in possession or control. A secured party in
possession of collateral or control of collateral under section 336.7-106, 336.9-104,
336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and
(b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and
section 336.9-605, after default, a debtor and an obligor have the rights provided in this part
and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment,
the lien of any levy that may be made upon the collateral by virtue of an execution based
upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest
or agricultural lien by judicial procedure within the meaning of this section. A secured party
may purchase at the sale and thereafter hold the collateral free of any other requirements
of this article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided
in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor
or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(h) Security interest in collateral that is agricultural property; enforcement. A
person may not begin to enforce a security interest in collateral that is agricultural property
subject to sections 583.20 to 583.32 that has secured a debt of more than the amount provided
in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is served
on the debtor after a condition of default has occurred in the security agreement and a copy
served on the director of the deleted text begin agriculturaldeleted text end new text begin Minnesotanew text end extension service; and the debtor and
creditor have completed mediation under sections 583.20 to 583.32; or as otherwise allowed
under sections 583.20 to 583.32.
(i) Mediation notice. A mediation notice under subsection (h) must contain the following
notice with the blanks properly filled in.
"TO: ...(Name of Debtor)...
YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY
AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural
Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of
Debt)...
AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE
THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY
DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A
COURT JUDGMENT AGAINST THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU TO
PREPARE FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN
MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM
FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT
AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE deleted text begin AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ...(Name and Address of Secured Party)..."
Sec. 18.
Minnesota Statutes 2022, section 351.01, subdivision 2, is amended to read:
Subd. 2.
When effective.
Except as provided by subdivision 3 or other express provision
of law or charter to the contrary, a resignation is effective when it is received by the officer,
body, or board authorized to receive it.new text begin In the case of a position appointed by the governor
under section 15.0597, the resignation must be submitted to the governor.
new text end
Sec. 19.
Minnesota Statutes 2022, section 364.021, is amended to read:
364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
(a) A public or private employer may not inquire into or consider or require disclosure
of the criminal record or criminal history of an applicant for employment until the applicant
has been selected for an interview by the employer or, if there is not an interview, before a
conditional offer of employment is made to the applicant.
(b) This section does not apply to the Department of Corrections or to employers who
have a statutory duty to conduct a criminal history background check or otherwise take into
consideration a potential employee's criminal history during the hiring process.
(c) This section does not prohibit an employer from notifying applicants that law or the
employer's policy will disqualify an individual with a particular criminal history background
from employment in particular positions.
new text begin
(d) An appointing authority may not inquire into or consider or require disclosure of the
criminal record or criminal history of an applicant for appointment to multimember agencies,
including boards, commissions, agencies, committees, councils, authorities, advisory task
forces, and advisory councils, on an application form or, until the applicant has been selected
for an interview by the appointing authority or is otherwise selected as a final candidate for
appointment.
new text end
Sec. 20.
Minnesota Statutes 2022, section 364.06, subdivision 1, is amended to read:
Subdivision 1.
Public employers.
Any complaints or grievances concerning violations
of sections 364.01 to 364.10 by public employers new text begin or violations of section 364.021 by public
appointing authorities new text end shall be processed and adjudicated in accordance with the procedures
set forth in chapter 14, the Administrative Procedure Act.
Sec. 21.
new text begin
[484.94] ATTORNEY ACCESS TO COURT RECORDS.
new text end
new text begin
An attorney who is admitted and licensed to practice law in the state may apply for a
Minnesota Government Access account to access electronic court records and documents
stored in the Minnesota Court Information System for cases in state district courts. An
attorney shall be able to view and print case documents and information without cost to the
attorney.
new text end
Sec. 22.
Minnesota Statutes 2022, section 504B.301, is amended to read:
504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION.
A person may be evicted if the person has unlawfully or forcibly occupied or taken
possession of real property or unlawfully detains or retains possession of real property.
deleted text begin
A seizure under section 609.5317, subdivision 1, for which there is not a defense under
section 609.5317, subdivision 3, constitutes unlawful detention by the tenant.
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
Sec. 23.
Minnesota Statutes 2022, section 507.07, is amended to read:
507.07 WARRANTY AND QUITCLAIM DEEDSdeleted text begin ; FORMSdeleted text end .
Warranty and quitclaim deeds may be substantially in the following forms:
WARRANTY DEED
A.B., grantor, of (here insert the place of residence), for and in consideration of (here
insert the consideration), conveys and warrants to C.D., grantee, of (here insert the place
of residence), the following described real estate in the county of .........................., in the
state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed as required by law, shall be a conveyance in fee
simple of the premises described to the grantee, the grantee's heirs and assigns, with
covenants on the part of the grantor, the grantor's heirs and personal representatives, that
the grantor is lawfully seized of the premises in fee simple and has good right to convey
the same; that the premises are free from all encumbrances; that the grantor warrants to the
grantee, the grantee's heirs and assigns, the quiet and peaceable possession thereof; and that
the grantor will defend the title thereto against all persons who may lawfully claim the same.
Such covenants shall be obligatory upon any grantor, the grantor's heirs and personal
representatives, as fully and with like effect as if written at length in such deed.
QUITCLAIM DEED
A.B., grantor, of (here insert the place of residence), for the consideration of (here insert
the consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of
residence), all interest in the following described real estate in the county of ..........................,
in the state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's
heirs and assigns, of all right, title, and interest of the grantor in the premises described, but
shall not extend to after acquired title, unless words expressing such intention be added.
Sec. 24.
Minnesota Statutes 2022, section 508.52, is amended to read:
508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW
CERTIFICATE.
An owner of registered land who desires to convey the land, or a portion thereof, in fee,
shall execute a deed of conveyance, and record the deed with the registrar. The deed of
conveyance shall be recorded and endorsed with the number and place of registration of
the certificate of title. Before canceling the outstanding certificate of title the registrar shall
show by memorial thereon the registration of the deed on the basis of which it is canceled.
The encumbrances, claims, or interests adverse to the title of the registered owner shall be
stated upon the new certificate, except so far as they may be simultaneously released or
discharged. The registrar shall not carry forward as a memorial on the new certificate of
title any memorials of a transfer on death deed if the grantors of the transfer on death deed
retain no fee interest in the land covered by the new certificate. The certificate of title shall
be marked "Canceled" by the registrar, who shall enter in the register a new certificate of
title to the grantee and prepare deleted text begin and deliver to the granteedeleted text end a deleted text begin copy of thedeleted text end new certificate of
title.new text begin The registrar, upon request, shall deliver to the grantee a copy of the new certificate
of title.new text end If a deed in fee is for a portion of the land described in a certificate of title, the
memorial of the deed entered by the registrar shall include the legal description contained
in the deed and the registrar shall enter a new certificate of title to the grantee for the portion
of the land conveyed and, except as otherwise provided in this section, issue a residue
certificate of title to the grantor for the portion of the land not conveyed. The registrar shall
prepare andnew text begin , upon request,new text end deliver to each of the parties a copy of their respective certificates
of title. In lieu of canceling the grantor's certificate of title and issuing a residue certificate
to the grantor for the portion of the land not conveyed, the registrar may if the grantor's
deed does not divide a parcel of unplatted land, and in the absence of a request to the contrary
by the registered owner, mark by the land description on the certificate of title "Part of land
conveyed, see memorials." The fee for a residue certificate of title shall be paid to the
registrar only when the grantor's certificate of title is canceled after the conveyance by the
grantor of a portion of the land described in the grantor's certificate of title. When two or
more successive conveyances of the same property are filed for registration on the same
day the registrar may enter a certificate in favor of the grantee or grantees in the last of the
successive conveyances, and the memorial of the previous deed or deeds entered on the
prior certificate of title shall have the same force and effect as though the prior certificate
of title had been entered in favor of the grantee or grantees in the earlier deed or deeds in
the successive conveyances. The fees for the registration of the earlier deed or deeds shall
be the same as the fees prescribed for the entry of memorials. The registrar of titles, with
the consent of the transferee, may mark "See memorials for new owner(s)" by the names
of the registered owners on the certificate of title and also add to the memorial of the
transferring conveyance a statement that the memorial shall serve in lieu of a new certificate
of title in favor of the grantee or grantees therein noted and may refrain from canceling the
certificate of title until the time it is canceled by a subsequent transfer, and the memorial
showing such transfer of title shall have the same effect as the entry of a new certificate of
title for the land described in the certificate of title; the fee for the registration of a conveyance
without cancellation of the certificate of title shall be the same as the fee prescribed for the
entry of a memorial.
Sec. 25.
Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read:
Subd. 1a.
Form.
Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties and the sex of each party;
(2) their post office addresses and county and state of residence;
(3) their full ages;
(4) if either party has previously been married, the party's married name, and the date,
place and court in which the civil marriage was dissolved or annulled or the date and place
of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the
parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;
(8) if one deleted text begin or both of the partiesdeleted text end new text begin partynew text end to the civil marriage license has a felony conviction
under Minnesota law or the law of another state or federal jurisdiction, the deleted text begin parties shall
provide to the county proof of service upon the prosecuting authority and, if applicable, the
attorney general, as required bydeleted text end new text begin party may not change the party's name through the marriage
application process and must follow the process innew text end section 259.13new text begin to change the party's
namenew text end ; and
(9) notice that a party who has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Sec. 26.
Minnesota Statutes 2022, section 517.08, subdivision 1b, is amended to read:
Subd. 1b.
Term of license; fee; premarital education.
(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage. Both parties must present proof of age to the local registrar.
If one party is unable to appear in person, the party appearing may complete the absent
applicant's information. The local registrar shall provide a copy of the civil marriage
application to the party who is unable to appear, who must verify the accuracy of the
appearing party's information in a notarized statement. The verification statement must be
accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age has been received by the local
registrar. If the local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue the license,
containing the full names of the parties before and after the civil marriage, and county and
state of residence, with the county seal attached, and make a record of the date of issuance.
The license shall be valid for a period of six months. Except as provided in paragraph (b),
the local registrar shall collect from the applicant a fee of $115 for administering the oath,
issuing, recording, and filing all papers required, and preparing and transmitting to the state
registrar of vital records the reports of civil marriage required by this section. If the license
should not be used within the period of six months due to illness or other extenuating
circumstances, it may be surrendered to the local registrar for cancellation, and in that case
a new license shall issue upon request of the parties of the original license without fee. A
local registrar who knowingly issues or signs a civil marriage license in any manner other
than as provided in this section shall pay to the parties aggrieved an amount not to exceed
$1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the civil marriage license a statement that is signed, dated,
and notarized or marked with a church seal from the person who provided the premarital
education on their letterhead confirming that it was received. The premarital education must
be provided by a licensed or ordained minister or the minister's designee, a person authorized
to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
and family therapy under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.
deleted text begin
(d) If section 259.13 applies to the request for a civil marriage license, the local registrar
shall grant the civil marriage license without the requested name change. Alternatively, the
local registrar may delay the granting of the civil marriage license until the party with the
conviction:
deleted text end
deleted text begin
(1) certifies under oath that 30 days have passed since service of the notice for a name
change upon the prosecuting authority and, if applicable, the attorney general and no
objection has been filed under section 259.13; or
deleted text end
deleted text begin
(2) provides a certified copy of the court order granting it. The parties seeking the civil
marriage license shall have the right to choose to have the license granted without the name
change or to delay its granting pending further action on the name change request.
deleted text end
Sec. 27.
Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read:
Subdivision 1.
Abbreviated judgment and decree.
If real estate is described in a
judgment and decree of dissolution, the court deleted text begin maydeleted text end new text begin shall new text end direct either of the parties or their
legal counsel to prepare and submit to the court a proposed summary real estate disposition
judgment. Upon approval by the court and filing of the summary real estate disposition
judgment with the court administrator, the court administrator shall provide to any party
upon request certified copies of the summary real estate disposition judgment.
Sec. 28.
Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read:
Subd. 3.
Court order.
An order or provision in a judgment and decree that provides
that the judgment and decree must be recorded in the office of the county recorder or filed
in the office of the registrar of titles means, if a summary real estate disposition judgment
has been approved by the court, that the summary real estate disposition judgment, rather
than the judgment and decree, must be recorded in the office of the county recorder or filed
in the office of the registrar of titles.new text begin The recorder or registrar of titles is not responsible for
determining if a summary real estate disposition judgment has been approved by the court.
new text end
Sec. 29.
Minnesota Statutes 2022, section 541.023, subdivision 6, is amended to read:
Subd. 6.
Limitations; certain titles not affected.
This section shall not affect any rights
of the federal government; nor increase the effect as notice, actual or constructive, of any
instrument now of record; nor bar the rights of any person, partnership,new text begin state agency or
department,new text end or corporation in possession of real estate. This section shall not impair the
record title or record interest, or title obtained by or through any congressional or legislative
grant, of any railroad corporation or other public service corporation or any trustee or receiver
thereof or of any educational or religious corporation in any real estate by reason of any
failure to record further evidence of such title or interest even though the record thereof is
now or hereafter more than 40 years old; nor shall this section require the recording of any
notice as provided for in this section as to any undischarged mortgage or deed of trust
executed by any such corporation or any trustee or receiver thereof or to any claim or action
founded upon any such undischarged mortgage or deed of trust. The exceptions of this
subdivision shall not include (1) reservations or exceptions of land for right-of-way or other
railroad purposes contained in deeds of conveyance made by a railroad company or by
trustees or receivers thereof, unless said reserved or excepted land shall have been put to
railroad use within 40 years after the date of said deeds of conveyance, (2) nor any rights
under any conditions subsequent or restrictions contained in any such deeds of conveyance.
Sec. 30.
Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read:
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks
properly filled in.
"TO: ....(Name of Judgment Debtor)....
A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON
....(Date of Judgment).
AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO
TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED
AS....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE
AMOUNT OF ....(Amount of Debt)....
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION.
IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE
MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR MEDIATION YOU MUST FILE A
MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER YOU
RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE deleted text begin AT
ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ....(Name and Address of Judgment Creditor)...."
Sec. 31.
Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read:
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks
properly filled in.
"TO: ....(Name of Contract for Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE
AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of
Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS
....(Amount of Debt)....
AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor)....
INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT
REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS
IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST
MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF
THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE
DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION
YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THE NOTICE. THE MEDIATION REQUEST FORM
IS AVAILABLE deleted text begin AT ANY COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE DIRECTOR
OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ....(Name and Address of Contract for Deed Vendor)...."
Sec. 32.
Minnesota Statutes 2022, section 573.01, is amended to read:
573.01 SURVIVAL OF CAUSES.
A cause of action arising out of an injury to the person deleted text begin dies with the person of the party
in whose favor it exists, except as provided indeleted text end new text begin survives the death of any party in accordance
withnew text end section 573.02. All other causes of action by one against another, whether arising on
contract or not, survive to the personal representatives of the former and against those of
the latter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end
Sec. 33.
Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read:
Subdivision 1.
Death action.
When death is caused by the wrongful act or omission of
any person or corporation, the trustee appointed as provided in subdivision 3 may maintain
an action therefor if the decedent might have maintained an action, had the decedent lived,
for an injury caused by the wrongful act or omission. An action to recover damages for a
death caused by the alleged professional negligence of a physician, surgeon, dentist, hospital
or sanitarium, or an employee of a physician, surgeon, dentist, hospital or sanitarium shall
be commenced within three years of the date of death, but in no event shall be commenced
beyond the time set forth in section 541.076. An action to recover damages for a death
caused by an intentional act constituting murder may be commenced at any time after the
death of the decedent. Any other action under this section may be commenced within three
years after the date of death provided that the action must be commenced within six years
after the act or omission. The recovery in the action is the amount the jury deems fair and
just deleted text begin in reference todeleted text end new text begin for all damages suffered by the decedent resulting from the injury prior
to the decedent's death andnew text end the pecuniary loss resulting from the death, and shall be for the
exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The court then determines the proportionate pecuniary
loss of the persons entitled to the recovery and orders distribution accordingly. Funeral
expenses and any demand for the support of the decedent allowed by the court having
jurisdiction of the action, are first deducted and paid. Punitive damages may be awarded as
provided in section 549.20.
If an action for the injury was commenced by the decedent and not finally determined
while living, it may be continued by the trustee for recovery ofnew text begin allnew text end damages for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally
suffered by the death. The court on motion shall make an order allowing the continuance
and directing pleadings to be made and issues framed as in actions begun under this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end
Sec. 34.
Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read:
Subd. 2.
Injury action.
When injury is caused to a person by the wrongful act or omission
of any person or corporation and the person thereafter dies from a cause unrelated to those
injuries, the trustee appointed in subdivision 3 may maintain an action for deleted text begin special damagesdeleted text end
new text begin all damages new text end arising out of such injury if the decedent might have maintained an action
therefor had the decedent lived. new text begin An action under this subdivision may be commenced within
three years after the date of death provided that the action must be commenced within six
years after the act or omission.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to causes of action pending on or commenced on or after that date.
new text end
Sec. 35.
new text begin
[573.021] PEACETIME EMERGENCY INJURY ACTION; STATUTE OF
LIMITATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Health care provider" means a physician, surgeon, dentist, occupational therapist,
other health care professional as defined in section 145.61, assisted living facility licensed
under chapter 144G, long-term care facility licensed under chapter 144A, hospital, or
treatment facility.
new text end
new text begin
(c) "Peacetime emergency" means the peacetime emergency declared by the governor
in an executive order or extended by subsequent orders from March 14, 2020, to July 1,
2021.
new text end
new text begin Subd. 2. new text end
new text begin Injury action; statute of limitations. new text end
new text begin
An action, brought pursuant to section
573.02, subdivision 2, that accrued during the peacetime emergency against a health care
provider alleging malpractice, error, mistake, or failure to cure regarding treatment,
transmission, or vaccination related to the infectious disease that was the subject of the
peacetime emergency must be filed within one year from the date of death of the former
patient or resident.
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. 36.
Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read:
Subd. 2.
Contents.
A mediation notice must contain the following notice with the blanks
properly filled in.
"TO: ....(Name of Record Owner)....
YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL
PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description).
THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount
of Debt)....
AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS
TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR
MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL
BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT
WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY
ENFORCES THE DEBT.
IF YOU PARTICIPATE IN MEDIATION, THE DIRECTOR OF THE
deleted text begin AGRICULTURALdeleted text end new text begin MINNESOTAnew text end EXTENSION SERVICE WILL PROVIDE AN
ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU PREPARE
FINANCIAL INFORMATION. IF YOU DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND
OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS
SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN
AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION YOU MUST
FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS AFTER
YOU RECEIVE THIS NOTICE. THE MEDIATION REQUEST FORM IS AVAILABLE
deleted text begin AT ANY COUNTY RECORDER'S OR COUNTY EXTENSION OFFICEdeleted text end new text begin FROM THE
DIRECTOR OF THE MINNESOTA EXTENSION SERVICEnew text end .
FROM: ....(Name and Address of Holder of Mortgage)...."
Sec. 37.
Minnesota Statutes 2022, section 583.25, is amended to read:
583.25 VOLUNTARY MEDIATION PROCEEDINGS.
A debtor that owns agricultural property or a creditor of the debtor may request mediation
of the indebtedness by a farm mediator by applying to the director. The director shall deleted text begin makedeleted text end new text begin
providenew text end voluntary mediation application forms deleted text begin available at the county recorder's and county
extension office in each countydeleted text end new text begin when requestednew text end . The director must evaluate each request
and may direct a mediator to meet with the debtor and creditor to assist in mediation.
Sec. 38.
Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read:
Subd. 2.
Mediation request.
(a) A debtor must file a mediation request form with the
director by 14 days after receiving a mediation notice. The debtor must state all known
creditors with debts secured for agricultural property and must authorize the director to
obtain the debtor's credit report from one or more credit reporting agencies. The mediation
request form must include an instruction that the debtor must state all known creditors with
debts secured by agricultural property and unsecured creditors that are necessary for the
farm operation of the debtor. It is the debtor's discretion as to which unsecured creditors
are necessary for the farm operation but the mediation request form must notify the debtor
that omission of a significant unsecured creditor could result in a bad-faith determination
pursuant to section 583.27, subdivisions 1, paragraph (a), clause (2), and 2. The mediation
request must state the date that the notice was served on the debtor. The director shall deleted text begin makedeleted text end new text begin
providenew text end mediation request forms deleted text begin available in the county recorder's and county extension
office of each countydeleted text end new text begin when requestednew text end .
(b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a
debtor who fails to file a timely mediation request waives the right to mediation for that
debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who
served the mediation notice stating that the creditor may proceed against the agricultural
property because the debtor has failed to file a mediation request.
(c) If a debtor has not received a mediation notice and is subject to a proceeding of a
creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections
336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property
under section 559.21, or garnishing, levying on, executing on, seizing, or attaching
agricultural property, the debtor may file a mediation request with the director. The mediation
request form must indicate that the debtor has not received a mediation notice.
Sec. 39.
Minnesota Statutes 2022, section 600.23, is amended to read:
600.23 RECORDERS deleted text begin AND COURT ADMINISTRATORSdeleted text end .
Subdivision 1.
Deposit of papers.
Every county recorder, upon being paid the legal fees
therefor, deleted text begin shalldeleted text end new text begin maynew text end receive and deposit in the office any instruments or papers which deleted text begin shall
bedeleted text end new text begin arenew text end offered for that purpose and, if deleted text begin requireddeleted text end new text begin requestednew text end , shall give to the person depositing
the same a receipt therefor.
Subd. 2.
Endorsed and filed.
new text begin Any new text end such instruments or papersnew text begin so receivednew text end shall be filed
by the officer receiving the same, and so endorsed as to indicate their general nature, the
names of the parties thereto, and time when received, and shall be deposited and kept by
the officer and successors in office in the same manner as the officer's official papers, but
in a place separate therefrom.
Subd. 3.
Withdrawal.
Papers and instruments so deposited shall not be made public or
withdrawn from the office except upon the written order of the person depositing the same,
or the person's executors or administrators, or on the order of some court for the purpose
of being read in the court, and then to be returned to the office.
new text begin Subd. 3a. new text end
new text begin Retention and disposal. new text end
new text begin
Papers and instruments deposited for safekeeping
shall be retained, at a minimum, until the earlier of:
new text end
new text begin
(1) the county recorder learns of the depositor's death, at which time the county recorder
may deliver the paper or instrument to the appropriate court, or deliver the paper or instrument
to the depositor's executors or administrators; or
new text end
new text begin
(2) 20 years following the deposit of the paper or instrument, at which time the county
recorder shall dispose of the paper or instrument pursuant to its county's retention policy.
new text end
Subd. 4.
Certificate that instrument cannot be found.
The certificate of any officer
to whom the legal custody of any instrument belongs, stating that the officer has made
diligent search for such instrument and that it cannot be found, shall be prima facie evidence
of the fact so certified to in all cases, matters, and proceedings.
Sec. 40.
Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read:
Subd. 3.
Judicial determination.
(a) Within 60 days following service of a notice of
seizure and forfeiture under this section, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form of a civil complaint and
must be filed with the court administrator in the county in which the seizure occurred,
together with proof of service of a copy of the complaint on the prosecuting authority for
that county. The claimant may serve the complaint on the prosecuting authority by new text begin certified
mail or new text end any means permitted by court rules. If the value of the seized property is $15,000
or less, the claimant may file an action in conciliation court for recovery of the seized
property. new text begin A copy of the conciliation court statement of claim may be served personally or
as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority
having jurisdiction over the forfeiture within 60 days following service of the notice of
seizure and forfeiture under this subdivision. new text end The claimant does not have to pay the court
filing fee. No responsive pleading is required of the prosecuting authority and no court fees
may be charged for the prosecuting authority's appearance in the matter. The district court
administrator shall schedule the hearing as soon as practicable after, and in any event no
later than 90 days following, the conclusion of the criminal prosecution. The proceedings
are governed by the Rules of Civil Procedurenew text begin and, where applicable, by the Rules of
Conciliation Court Procedurenew text end .
(b) The complaint must be captioned in the name of the claimant as plaintiff and the
seized property as defendant, and must state with specificity the grounds on which the
claimant alleges the property was improperly seized and the plaintiff's interest in the property
seized. Notwithstanding any law to the contrary, an action for the return of property seized
under this section may not be maintained by or on behalf of any person who has been served
with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this
subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed under
this subdivision and the court orders the return of the seized property, the court may order
sanctions under section 549.211. If the court orders payment of these costs, they must be
paid from forfeited money or proceeds from the sale of forfeited property from the appropriate
law enforcement and prosecuting agencies in the same proportion as they would be distributed
under section 609.5315, subdivision 5.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 41.
Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read:
Subdivision 1.
Structure; membership.
(a) The State Board of Public Defense is a part
of, but is not subject to the administrative control of, the judicial branch of government.
The State Board of Public Defense shall consist of deleted text begin sevendeleted text end new text begin ninenew text end members including:
(1) deleted text begin fourdeleted text end new text begin fivenew text end attorneys admitted to the practice of law, well acquainted with the defense
of persons accused of crime, but not employed as prosecutors, appointed by the supreme
courtnew text begin , of which one must be a retired or former public defender within the past five yearsnew text end ;
and
(2) deleted text begin threedeleted text end new text begin fournew text end public members appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of
the State Board of Public Defense, other than as a member of the ad hoc Board of Public
Defense.
(b) All members shall demonstrate an interest in maintaining a high quality, independent
defense system for those who are unable to obtain adequate representation. Appointments
to the board shall include qualified women and members of minority groups. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. The terms, compensation, and removal of members shall be
as provided in section 15.0575. The chair shall be elected by the members from among the
membership for a term of two years.
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc
board when considering the appointment of district public defenders under section 611.26,
subdivision 2. The terms of chief district public defenders currently serving shall terminate
in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
new text begin
(d) Meetings of the board are subject to chapter 13D.
new text end
Sec. 42. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 346.02; and 582.14,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 504B.305,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (b) is effective the day following final enactment.
new text end
B. CIVIL RIGHTS LAW
Sec. 43.
Minnesota Statutes 2022, section 82B.195, subdivision 3, is amended to read:
Subd. 3.
Additional requirements.
In addition to the requirements of subdivisions 1
and 2, an appraiser must:
(1) not knowingly make any of the following unacceptable appraisal practices:
(i) include inaccurate or misleading factual data about the subject neighborhood, site,
improvements, or comparable sales;
(ii) fail to comment on negative factors with respect to the subject neighborhood, subject
property, or proximity of the subject property to adverse influences;
(iii) unless otherwise disclosed in the appraisal report, use comparables in the valuation
process that the appraiser has not at least personally inspected from the exterior by driving
by them;
(iv) select and use inappropriate comparable sales or fail to use comparables that are
physically and by location the most similar to the subject property;
(v) use data, particularly comparable sales data, that was provided by parties who have
a financial interest in the sale or financing of the subject property without the appraiser's
verification of the information from a disinterested source. For example, it would be
inappropriate for an appraiser to use comparable sales provided by the builder of the subject
property or a real estate broker who is handling the sale of the subject property, unless the
appraiser verifies the accuracy of the data provided through another source. If a signed HUD
Settlement Statement is used for this verification, the appraiser must also verify the sale
data with the buyer or county records. The appraiser must also make an independent
investigation to determine that the comparable sales provided were the best ones available;
(vi) use adjustments to the comparable sales that do not reflect the market's reaction to
the differences between the subject property and the comparables, or fail to make adjustments
when they are clearly indicated;
(vii) develop a valuation conclusion that is based either partially or completely on factors
identified in chapter 363A, including race, color, creed, religion, sex, new text begin gender identity, new text end marital
status, status with regard to public assistance, disability, sexual orientation, familial status
of the owner or occupants of nearby property, or national origin of either the prospective
owners or occupants of the properties in the vicinity of the subject property; or
(viii) develop a valuation conclusion that is not supported by available market data;
(2) provide a resume, current within six months of the date it is provided, to anyone who
employs the appraiser, indicating all professional degrees and licenses held by the appraiser;
and
(3) reject any request by the person who has employed the appraiser that is in conflict
with the requirements of Minnesota law or this chapter and withdraw from the appraisal
assignment if the employing party persists in the request.
Sec. 44.
Minnesota Statutes 2022, section 245I.12, subdivision 1, is amended to read:
Subdivision 1.
Client rights.
A license holder must ensure that all clients have the
following rights:
(1) the rights listed in the health care bill of rights in section 144.651;
(2) the right to be free from discrimination based on age, race, color, creed, religion,
national origin, new text begin sex, new text end gendernew text begin identitynew text end , marital status, disability, sexual orientation, and status
with regard to public assistance. The license holder must follow all applicable state and
federal laws including the Minnesota Human Rights Act, chapter 363A; and
(3) the right to be informed prior to a photograph or audio or video recording being made
of the client. The client has the right to refuse to allow any recording or photograph of the
client that is not for the purposes of identification or supervision by the license holder.
Sec. 45.
Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read:
Subdivision 1.
Freedom from discrimination.
(a) It is the public policy of this state to
secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex,new text begin gender
identity,new text end marital status, disability, status with regard to public assistance, sexual orientation,
familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin,
sex,new text begin gender identity,new text end marital status, disability, status with regard to public assistance, sexual
orientation, and familial status;
(3) in public accommodations because of race, color, creed, religion, national origin,
sex, new text begin gender identity, new text end sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex,new text begin gender
identity,new text end marital status, disability, sexual orientation, and status with regard to public
assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, new text begin gender
identity, new text end marital status, disability, status with regard to public assistance, sexual orientation,
and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state
and menaces the institutions and foundations of democracy. It is also the public policy of
this state to protect all persons from wholly unfounded charges of discrimination. Nothing
in this chapter shall be interpreted as restricting the implementation of positive action
programs to combat discrimination.
Sec. 46.
Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read:
Subd. 23.
Local commission.
"Local commission" means an agency of a city, county,
or group of counties created pursuant to law, resolution of a county board, city charter, or
municipal ordinance for the purpose of dealing with discrimination on the basis of race,
color, creed, religion, national origin, sex,new text begin gender identity,new text end age, disability, marital status,
status with regard to public assistance, sexual orientation, or familial status.
Sec. 47.
Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read:
Subd. 44.
Sexual orientation.
"Sexual orientation" means deleted text begin having or being perceived as
having an emotional, physical, or sexual attachment to another person without regard to the
deleted text end deleted text begin sex of that person or having or being perceived as having an orientation for such attachment,
or having or being perceived as having a self-image or identity not traditionally associated
with one's biological maleness or femaleness. "Sexual orientation" does not include a physical
or sexual attachment to children by an adultdeleted text end new text begin to whom someone is, or is perceived of as
being, emotionally, physically, or sexually attracted to based on sex or gender identity. A
person may be attracted to men, women, both, neither, or to people who are genderqueer,
androgynous, or have other gender identitiesnew text end .
Sec. 48.
Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision
to read:
new text begin Subd. 50. new text end
new text begin Gender identity. new text end
new text begin
"Gender identity" means a person's inherent sense of being
a man, woman, both, or neither. A person's gender identity may or may not correspond to
their assigned sex at birth or to their primary or secondary sex characteristics. A person's
gender identity is not necessarily visible to others.
new text end
Sec. 49.
Minnesota Statutes 2022, section 363A.04, is amended to read:
363A.04 CONSTRUCTION AND EXCLUSIVITY.
The provisions of this chapter shall be construed liberally for the accomplishment of the
purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the
provisions of the civil rights law or of any other law of this state relating to discrimination
because of race, creed, color, religion, sex,new text begin gender identity,new text end age, disability, marital status,
status with regard to public assistance, national origin, sexual orientation, or familial status;
but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision
10, the procedure herein provided shall, while pending, be exclusive.
Sec. 50.
Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1.
Formulation of policies.
(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments
and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each
year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, new text begin gender identity, new text end age, disability, marital status, status with regard to public
assistance, familial status, sexual orientation, or other factors and develop accurate data on
the nature and extent of discrimination and other matters as they may affect housing,
employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; and
(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7.
In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.
Sec. 51.
Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read:
Subd. 2.
Referral from commissioner.
The commissioner, whether or not a charge has
been filed under this chapter, may refer a matter involving discrimination because of race,
color, religion, sex, new text begin gender identity, new text end creed, disability, marital status, status with regard to
public assistance, national origin, age, sexual orientation, or familial status to a local
commission for study and report.
Upon referral by the commissioner, the local commission shall make a report and make
recommendations to the commissioner and take other appropriate action within the scope
of its powers.
Sec. 52.
Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read:
Subdivision 1.
Labor organization.
Except when based on a bona fide occupational
qualification, it is an unfair employment practice for a labor organization, because of race,
color, creed, religion, national origin, sex,new text begin gender identity,new text end marital status, status with regard
to public assistance, familial status, disability, sexual orientation, or age:
(1) to deny full and equal membership rights to a person seeking membership or to a
member;
(2) to expel a member from membership;
(3) to discriminate against a person seeking membership or a member with respect to
hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or
privileges of employment; or
(4) to fail to classify properly, or refer for employment or otherwise to discriminate
against a person or member.
Sec. 53.
Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read:
Subd. 2.
Employer.
Except when based on a bona fide occupational qualification, it is
an unfair employment practice for an employer, because of race, color, creed, religion,
national origin, sex,new text begin gender identity,new text end marital status, status with regard to public assistance,
familial status, membership or activity in a local commission, disability, sexual orientation,
or age to:
(1) refuse to hire or to maintain a system of employment which unreasonably excludes
a person seeking employment; or
(2) discharge an employee; or
(3) discriminate against a person with respect to hiring, tenure, compensation, terms,
upgrading, conditions, facilities, or privileges of employment.
Sec. 54.
Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read:
Subd. 3.
Employment agency.
Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employment agency, because of
race, color, creed, religion, national origin, sex, new text begin gender identity, new text end marital status, status with
regard to public assistance, familial status, disability, sexual orientation, or age to:
(1) refuse or fail to accept, register, classify properly, or refer for employment or
otherwise to discriminate against a person; or
(2) comply with a request from an employer for referral of applicants for employment
if the request indicates directly or indirectly that the employer fails to comply with the
provisions of this chapter.
Sec. 55.
Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read:
Subd. 4.
Employer, employment agency, or labor organization.
(a) Except when
based on a bona fide occupational qualification, it is an unfair employment practice for an
employer, employment agency, or labor organization, before a person is employed by an
employer or admitted to membership in a labor organization, to:
(1) require or request the person to furnish information that pertains to race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end marital status, status with regard to public
assistance, familial status, disability, sexual orientation, or age; or, subject to section 363A.20,
to require or request a person to undergo physical examination; unless for the sole and
exclusive purpose of national security, information pertaining to national origin is required
by the United States, this state or a political subdivision or agency of the United States or
this state, or for the sole and exclusive purpose of compliance with the Public Contracts
Act or any rule, regulation, or laws of the United States or of this state requiring the
information or examination. A law enforcement agency may, after notifying an applicant
for a peace officer or part-time peace officer position that the law enforcement agency is
commencing the background investigation on the applicant, request the applicant's date of
birth, gender, and race on a separate form for the sole and exclusive purpose of conducting
a criminal history check, a driver's license check, and fingerprint criminal history inquiry.
The form shall include a statement indicating why the data is being collected and what its
limited use will be. No document which has date of birth, gender, or race information will
be included in the information given to or available to any person who is involved in selecting
the person or persons employed other than the background investigator. No person may act
both as background investigator and be involved in the selection of an employee except that
the background investigator's report about background may be used in that selection as long
as no direct or indirect references are made to the applicant's race, age, or gender; or
(2) seek and obtain for purposes of making a job decision, information from any source
that pertains to the person's race, color, creed, religion, national origin, sex, new text begin gender identity,
new text end marital status, status with regard to public assistance, familial status, disability, sexual
orientation, or age, unless for the sole and exclusive purpose of compliance with the Public
Contracts Act or any rule, regulation, or laws of the United States or of this state requiring
the information; or
(3) cause to be printed or published a notice or advertisement that relates to employment
or membership and discloses a preference, limitation, specification, or discrimination based
on race, color, creed, religion, national origin, sex, new text begin gender identity, new text end marital status, status
with regard to public assistance, familial status, disability, sexual orientation, or age.
(b) Any individual who is required to provide information that is prohibited by this
subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28,
subdivisions 1 to 9.
Sec. 56.
Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Inquiries into pay history prohibited. new text end
new text begin
(a) "Pay history" as used in this
subdivision means any prior or current wage, salary, earnings, benefits, or any other
compensation about an applicant for employment.
new text end
new text begin
(b) An employer, employment agency, or labor organization shall not inquire into,
consider, or require disclosure from any source the pay history of an applicant for
employment for the purpose of determining wages, salary, earnings, benefits, or other
compensation for that applicant. The general prohibition against inquiring into the pay
history of an applicant does not apply if the job applicant's pay history is a matter of public
record under federal or state law, unless the employer, employment agency, or labor
organization sought access to those public records with the intent of obtaining pay history
of the applicant for the purpose of determining wages, salary, earnings, benefits, or other
compensation for that applicant.
new text end
new text begin
(c) Nothing in this subdivision shall prevent an applicant for employment from voluntarily
and without asking, encouraging, or prompting disclosing pay history for the purposes of
negotiating wages, salary, benefits, or other compensation. If an applicant for employment
voluntarily and without asking, encouraging, or prompting discloses pay history to a
prospective employer, employment agency, or labor organization, nothing in this subdivision
shall prohibit that employer, employment agency, or labor organization from considering
or acting on that voluntarily disclosed salary history information to support a wage or salary
higher than initially offered by the employer, employment agency, or labor organization.
new text end
new text begin
(d) Nothing in this subdivision limits, prohibits, or prevents a person from bringing a
charge, grievance, or any other cause of action alleging wage discrimination because of
race, color, creed, religion, national origin, sex, gender identity, marital status, status with
regard to public assistance, familial status, membership or activity in a local commission,
disability, sexual orientation, or age, as otherwise provided in this chapter.
new text end
new text begin
(e) Nothing in this subdivision shall be construed to prevent an employer from:
new text end
new text begin
(1) providing information about the wages, benefits, compensation, or salary offered in
relation to a position; or
new text end
new text begin
(2) inquiring about or otherwise engaging in discussions with an applicant about the
applicant's expectations or requests with respect to wages, salary, benefits, or other
compensation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024. For employment covered
by collective bargaining agreements, this section is not effective until the date of
implementation of the applicable collective bargaining agreement that is after January 1,
2024.
new text end
Sec. 57.
Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:
Subdivision 1.
Real property interest; action by owner, lessee, and others.
It is an
unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent
of, or other person having the right to sell, rent or lease any real property, or any agent of
any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or
group of persons any real property because of race, color, creed, religion, national origin,
sex,new text begin gender identity,new text end marital status, status with regard to public assistance, disability, sexual
orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end marital status, status with regard to public
assistance, disability, sexual orientation, or familial status in the terms, conditions or
privileges of the sale, rental or lease of any real property or in the furnishing of facilities or
services in connection therewith, except that nothing in this clause shall be construed to
prohibit the adoption of reasonable rules intended to protect the safety of minors in their
use of the real property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be
printed, circulated, or posted any advertisement or sign, or use any form of application for
the purchase, rental or lease of real property, or make any record or inquiry in connection
with the prospective purchase, rental, or lease of real property which expresses, directly or
indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex, new text begin gender identity, new text end marital status, status with regard to public assistance,
disability, sexual orientation, or familial status, or any intent to make any such limitation,
specification, or discrimination except that nothing in this clause shall be construed to
prohibit the advertisement of a dwelling unit as available to adults-only if the person placing
the advertisement reasonably believes that the provisions of this section prohibiting
discrimination because of familial status do not apply to the dwelling unit.
Sec. 58.
Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:
Subd. 2.
Real property interest; action by brokers, agents, and others.
It is an unfair
discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent
thereof:
(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property
to any person or group of persons or to negotiate for the sale, rental, or lease of any real
property to any person or group of persons because of race, color, creed, religion, national
origin, sex, new text begin gender identity, new text end marital status, status with regard to public assistance, disability,
sexual orientation, or familial status or represent that real property is not available for
inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold
any real property or any facilities of real property to or from any person or group of persons
because of race, color, creed, religion, national origin, sex, new text begin gender identity, new text end marital status,
status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national
origin, sex, new text begin gender identity, new text end marital status, status with regard to public assistance, disability,
sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental
or lease of real property or in the furnishing of facilities or services in connection therewith;
or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any
advertisement or sign, or use any form of application for the purchase, rental, or lease of
any real property or make any record or inquiry in connection with the prospective purchase,
rental or lease of any real property, which expresses directly or indirectly, any limitation,
specification or discrimination as to race, color, creed, religion, national origin, sex, new text begin gender
identity, new text end marital status, status with regard to public assistance, disability, sexual orientation,
or familial status or any intent to make any such limitation, specification, or discrimination
except that nothing in this clause shall be construed to prohibit the advertisement of a
dwelling unit as available to adults-only if the person placing the advertisement reasonably
believes that the provisions of this section prohibiting discrimination because of familial
status do not apply to the dwelling unit.
Sec. 59.
Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read:
Subd. 3.
Real property interest; action by financial institution.
It is an unfair
discriminatory practice for a person, bank, banking organization, mortgage company,
insurance company, or other financial institution or lender to whom application is made for
financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair
or maintenance of any real property or any agent or employee thereof:
(1) to discriminate against any person or group of persons because of race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end marital status, status with regard to public
assistance, disability, sexual orientation, or familial status of the person or group of persons
or of the prospective occupants or tenants of the real property in the granting, withholding,
extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the
financial assistance or in the extension of services in connection therewith; or
(2) to use any form of application for the financial assistance or make any record or
inquiry in connection with applications for the financial assistance which expresses, directly
or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion,
national origin, sex,new text begin gender identity,new text end marital status, status with regard to public assistance,
disability, sexual orientation, or familial status or any intent to make any such limitation,
specification, or discrimination; or
(3) to discriminate against any person or group of persons who desire to purchase, lease,
acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural
area or any part thereof solely because of the social, economic, or environmental conditions
of the area in the granting, withholding, extending, modifying, or renewing, or in the rates,
terms, conditions, or privileges of the financial assistance or in the extension of services in
connection therewith.
Sec. 60.
Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read:
Subd. 4.
Real property transaction.
It is an unfair discriminatory practice for any real
estate broker or real estate salesperson, for the purpose of inducing a real property transaction
from which the person, the person's firm, or any of its members may benefit financially, to
represent that a change has occurred or will or may occur in the composition with respect
to race, creed, color, national origin, sex, new text begin gender identity, new text end marital status, status with regard
to public assistance, sexual orientation, or disability of the owners or occupants in the block,
neighborhood, or area in which the real property is located, and to represent, directly or
indirectly, that this change will or may result in undesirable consequences in the block,
neighborhood, or area in which the real property is located, including but not limited to the
lowering of property values, an increase in criminal or antisocial behavior, or a decline in
the quality of schools or other public facilities.
Sec. 61.
Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read:
Subdivision 1.
Full and equal enjoyment of public accommodations.
(a) It is an unfair
discriminatory practice:
(1) to deny any person the full and equal enjoyment of the goods, services, facilities,
privileges, advantages, and accommodations of a place of public accommodation because
of race, color, creed, religion, disability, national origin, marital status, sexual orientation,
deleted text begin ordeleted text end sex, new text begin or gender identity, new text end or for a taxicab company to discriminate in the access to, full
utilization of, or benefit from service because of a person's disability; or
(2) for a place of public accommodation not to make reasonable accommodation to the
known physical, sensory, or mental disability of a disabled person. In determining whether
an accommodation is reasonable, the factors to be considered may include:
(i) the frequency and predictability with which members of the public will be served by
the accommodation at that location;
(ii) the size of the business or organization at that location with respect to physical size,
annual gross revenues, and the number of employees;
(iii) the extent to which disabled persons will be further served from the accommodation;
(iv) the type of operation;
(v) the nature and amount of both direct costs and legitimate indirect costs of making
the accommodation and the reasonableness for that location to finance the accommodation;
and
(vi) the extent to which any persons may be adversely affected by the accommodation.
(b) State or local building codes control where applicable. Violations of state or local
building codes are not violations of this chapter and must be enforced under normal building
code procedures.
Sec. 62.
Minnesota Statutes 2022, section 363A.11, subdivision 2, is amended to read:
Subd. 2.
General prohibitions.
This subdivision lists general prohibitions against
discrimination on the basis of disability. For purposes of this subdivision, "individual" or
"class of individuals" refers to the clients or customers of the covered public accommodation
that enter into the contractual, licensing, or other arrangement.
(1) It is discriminatory to:
(i) subject an individual or class of individuals on the basis of a disability of that
individual or class, directly or through contractual, licensing, or other arrangements, to a
denial of the opportunity of the individual or class to participate in or benefit from the goods,
services, facilities, privileges, advantages, or accommodations of an entity;
(ii) afford an individual or class of individuals on the basis of the disability of that
individual or class, directly or through contractual, licensing, or other arrangements, with
the opportunity to participate in or benefit from the goods, services, facilities, privileges,
advantages, or accommodations that are not equal to those afforded to other individuals;
deleted text begin and
deleted text end
(iii) provide an individual or class of individuals, on the basis of a disability of that
individual or class, directly or through contractual, licensing, or other arrangements, with
goods, services, facilities, privileges, advantages, or accommodations that are different or
separate from those provided to other individuals, unless the action is necessary to provide
the individual or class of individuals with goods, services, facilities, privileges, advantages,
or accommodations, or other opportunities that are as effective as those provided to othersdeleted text begin .deleted text end new text begin ;
and
new text end
new text begin
(iv) not provide a deaf or hard-of-hearing individual or class of deaf or hard-of-hearing
individuals with closed-captioned television when television services are provided to other
individuals.
new text end
(2) Goods, services, facilities, privileges, advantages, and accommodations must be
afforded to an individual with a disability in the most integrated setting appropriate to the
needs of the individual.
(3) Notwithstanding the existence of separate or different programs or activities provided
in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual
with a disability may not be denied the opportunity to participate in the programs or activities
that are not separate or different.
(4) An individual or entity may not, directly or through contractual or other arrangements,
use standards or criteria and methods of administration:
(i) that have the effect of discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are subject to common administrative
control.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2024, for all places of public
accommodation.
new text end
Sec. 63.
Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read:
Subdivision 1.
Access to public service.
It is an unfair discriminatory practice to
discriminate against any person in the access to, admission to, full utilization of or benefit
from any public service because of race, color, creed, religion, national origin, disability,
sex, new text begin gender identity, new text end sexual orientation, or status with regard to public assistance or to fail
to ensure physical and program access for disabled persons unless the public service can
demonstrate that providing the access would impose an undue hardship on its operation. In
determining whether providing physical and program access would impose an undue
hardship, factors to be considered include:
(1) the type and purpose of the public service's operation;
(2) the nature and cost of the needed accommodation;
(3) documented good faith efforts to explore less restrictive or less expensive alternatives;
and
(4) the extent of consultation with knowledgeable disabled persons and organizations.
Physical and program access must be accomplished within six months of June 7, 1983,
except for needed architectural modifications, which must be made within two years of June
7, 1983.
Sec. 64.
Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:
Subdivision 1.
Utilization; benefit or services.
It is an unfair discriminatory practice
to discriminate in any manner in the full utilization of or benefit from any educational
institution, or the services rendered thereby to any person because of race, color, creed,
religion, national origin, sex, new text begin gender identity, new text end age, marital status, status with regard to public
assistance, sexual orientation, or disability, or to fail to ensure physical and program access
for disabled persons. For purposes of this subdivision, program access includes but is not
limited to providing taped texts, interpreters or other methods of making orally delivered
materials available, readers in libraries, adapted classroom equipment, and similar auxiliary
aids or services. Program access does not include providing attendants, individually
prescribed devices, readers for personal use or study, or other devices or services of a
personal nature.
Sec. 65.
Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read:
Subd. 2.
Exclude, expel, or selection.
It is an unfair discriminatory practice to exclude,
expel, or otherwise discriminate against a person seeking admission as a student, or a person
enrolled as a student because of race, color, creed, religion, national origin, sex, new text begin gender
identity, new text end age, marital status, status with regard to public assistance, sexual orientation, or
disability.
Sec. 66.
Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read:
Subd. 3.
Admission form or inquiry.
It is an unfair discriminatory practice to make or
use a written or oral inquiry, or form of application for admission that elicits or attempts to
elicit information, or to make or keep a record, concerning the creed, religion, new text begin gender identity,
new text end sexual orientation, or disability of a person seeking admission, except as permitted by rules
of the department.
Sec. 67.
Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read:
Subd. 4.
Purpose for information and record.
It is an unfair discriminatory practice
to make or use a written or oral inquiry or form of application that elicits or attempts to
elicit information, or to keep a record concerning the race, color, national origin, sex, new text begin gender
identity, sexual orientation, new text end age, or marital status of a person seeking admission, unless the
information is collected for purposes of evaluating the effectiveness of recruitment,
admissions, and other educational policies, and is maintained separately from the application.
Sec. 68.
Minnesota Statutes 2022, section 363A.15, is amended to read:
363A.15 REPRISALS.
It is an unfair discriminatory practice for any individual who participated in the alleged
discrimination as a perpetrator, employer, labor organization, employment agency, public
accommodation, public service, educational institution, or owner, lessor, lessee, sublessee,
assignee or managing agent of any real property, or any real estate broker, real estate
salesperson, or employee or agent thereof to intentionally engage in any reprisal against
any person because that person:
(1) opposed a practice forbidden under this chapter or has filed a charge, testified,
assisted, or participated in any manner in an investigation, proceeding, or hearing under
this chapter; or
(2) associated with a person or group of persons who are disabled or who are of different
race, color, creed, religion, new text begin gender identity, new text end sexual orientation, or national origin.
A reprisal includes, but is not limited to, any form of intimidation, retaliation, or
harassment. It is a reprisal for an employer to do any of the following with respect to an
individual because that individual has engaged in the activities listed in clause (1) or (2):
refuse to hire the individual; depart from any customary employment practice; transfer or
assign the individual to a lesser position in terms of wages, hours, job classification, job
security, or other employment status; or inform another employer that the individual has
engaged in the activities listed in clause (1) or (2).
Sec. 69.
Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read:
Subdivision 1.
Personal or commercial credit.
It is an unfair discriminatory practice
to discriminate in the extension of personal or commercial credit to a person, or in the
requirements for obtaining credit, because of race, color, creed, religion, disability, national
origin, sex, new text begin gender identity, new text end sexual orientation, or marital status, or due to the receipt of
federal, state, or local public assistance including medical assistance.
Sec. 70.
Minnesota Statutes 2022, section 363A.17, is amended to read:
363A.17 BUSINESS DISCRIMINATION.
It is an unfair discriminatory practice for a person engaged in a trade or business or in
the provision of a service:
(1) to refuse to do business with or provide a service to a woman based on her use of
her current or former surname; or
(2) to impose, as a condition of doing business with or providing a service to a woman,
that a woman use her current surname rather than a former surname; or
(3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate
in the basic terms, conditions, or performance of the contract because of a person's race,
national origin, color, sex, new text begin gender identity, new text end sexual orientation, or disability, unless the alleged
refusal or discrimination is because of a legitimate business purpose.
Nothing in this section shall prohibit positive action plans.
Sec. 71.
Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:
Subdivision 1.
Housing.
The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or permanent residence home run by a nonprofit organization,
if the discrimination is by sex;new text begin or
new text end
(2) the rental by a resident owner or occupier of a one-family accommodation of a room
or rooms in the accommodation to another person or persons if the discrimination is by sex,
new text begin gender identity,new text end marital status, status with regard to public assistance, sexual orientation,
or disability. Except as provided elsewhere in this chapter or other state or federal law, no
person or group of persons selling, renting, or leasing property is required to modify the
property in any way, or exercise a higher degree of care for a person having a disability
than for a person who does not have a disability; nor shall this chapter be construed to relieve
any person or persons of any obligations generally imposed on all persons regardless of any
disability in a written lease, rental agreement, or contract of purchase or sale, or to forbid
distinctions based on the inability to fulfill the terms and conditions, including financial
obligations of the lease, agreement, or contractdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) the rental by a resident owner of a unit in a dwelling containing not more than two
units, if the discrimination is on the basis of sexual orientation.
deleted text end
Sec. 72. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 363A.20, subdivision 3; and 363A.27,
new text end
new text begin
are repealed.
new text end
C. DATA
Sec. 73.
Minnesota Statutes 2022, section 13.072, subdivision 1, is amended to read:
Subdivision 1.
Opinion; when required.
(a) Upon request of a government entity, the
commissioner may give a written opinion on any question relating to public access to
government data, rights of subjects of data, or classification of data under this chapter or
other Minnesota statutes governing government data practices. Upon request of any person
who disagrees with a determination regarding data practices made by a government entity,
the commissioner may give a written opinion regarding the person's rights as a subject of
government data or right to have access to government data.
(b) Upon request of a body subject to chapter 13D, the commissioner may give a written
opinion on any question relating to the body's duties under chapter 13D. Upon request of a
person who disagrees with the manner in which members of a governing body perform their
duties under chapter 13D, the commissioner may give a written opinion on compliance with
chapter 13D. deleted text begin A governing body or person requesting an opinion under this paragraph must
pay the commissioner a fee of $200. Money received by the commissioner under this
paragraph is appropriated to the commissioner for the purposes of this section.
deleted text end
(c) If the commissioner determines that no opinion will be issued, the commissioner
shall give the government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business days of receipt
of the request.new text begin Notice must be in writing. For notice by mail, the decision not to issue an
opinion is effective when placed with the United States Postal Service or with the central
mail system of the state of Minnesota.new text end If this notice is not given, the commissioner shall
issue an opinion within deleted text begin 20deleted text end new text begin 50new text end days of receipt of the request.
(d) deleted text begin For good cause and upon written notice to the person requesting the opinion, the
commissioner may extend this deadline for one additional 30-day period. The notice must
state the reason for extending the deadline.deleted text end The government entity or the members of a body
subject to chapter 13D must be provided a reasonable opportunity to explain the reasons
for its decision regarding the data or how they perform their duties under chapter 13D. The
commissioner or the government entity or body subject to chapter 13D may choose to give
notice to the subject of the data concerning the dispute regarding the data or compliance
with chapter 13D.
(e) This section does not apply to a determination made by the commissioner of health
under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
(f) A written, numbered, and published opinion issued by the attorney general shall take
precedence over an opinion issued by the commissioner under this section.
Sec. 74.
new text begin
[13.204] POLITICAL SUBDIVISIONS LICENSING DATA.
new text end
new text begin
(a) The following data submitted to a political subdivision by a person seeking to obtain
a license are classified as private data on individuals or nonpublic data:
new text end
new text begin
(1) a tax return, as defined by section 270B.01, subdivision 2; and
new text end
new text begin
(2) a bank account statement.
new text end
new text begin
(b) Notwithstanding section 138.17, data collected by a political subdivision as part of
a license application and classified under paragraph (a) must be destroyed no later than 90
days after a final decision on the license application.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment. Data
which a political subdivision collected or created before the effective date of this section,
and which would otherwise be subject to the destruction requirement in paragraph (b), must
be destroyed no later than 90 days following final enactment.
new text end
Sec. 75.
Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
Subd. 3.
Private data; when disclosure is permitted.
Except as provided in subdivision
5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies
pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code
of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1),
(b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations,
title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization
programs and for bona fide epidemiologic investigations which the commissioner of health
determines are necessary to prevent disease or disability to individuals in the public
educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title
IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision
6, annually to indicate the extent and content of remedial instruction, including the results
of assessment testing and academic performance at a postsecondary institution during the
previous academic year by a student who graduated from a Minnesota school district within
two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section
1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the
system to effectively serve, prior to adjudication, the student whose records are released;
provided that the authorities to whom the data are released submit a written request for the
data that certifies that the data will not be disclosed to any other person except as authorized
by law without the written consent of the parent of the student and the request and a record
of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data
and who are conducting activities and events sponsored by or endorsed by the educational
agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges
and universities, as required by and subject to Code of Federal Regulations, title 32, section
216;
(l) to the juvenile justice system if information about the behavior of a student who poses
a risk of harm is reasonably necessary to protect the health or safety of the student or other
individuals;
(m) with respect to Social Security numbers of students in the adult basic education
system, to Minnesota State Colleges and Universities and the Department of Employment
and Economic Development for the purpose and in the manner described in section 124D.52,
subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of
a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request
by the commissioner of education, data that are relevant to a report of maltreatment and are
from charter school and school district investigations of alleged maltreatment of a student
must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response
to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge
of a crime of violence or nonforcible sex offense to the extent authorized under United
States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations,
title 34, sections 99.31(a)(13) and (14);
(p) when the disclosure is information provided to the institution under United States
Code, title 42, section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); deleted text begin or
deleted text end
(q) when the disclosure is to a parent of a student at an institution of postsecondary
education regarding the student's violation of any federal, state, or local law or of any rule
or policy of the institution, governing the use or possession of alcohol or of a controlled
substance, to the extent authorized under United States Code, title 20, section 1232g(i), and
Code of Federal Regulations, title 34, section 99.31(a)(15), and provided the institution has
an information release form signed by the student authorizing disclosure to a parent. The
institution must notify parents and students about the purpose and availability of the
information release forms. At a minimum, the institution must distribute the information
release forms at parent and student orientation meetingsdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(r) a student's name, home address, telephone number, email address, or other personal
contact information may be disclosed to a public library for purposes of issuing a library
card to the student.
new text end
Sec. 76.
Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
Subd. 5.
Directory information.
deleted text begin Informationdeleted text end new text begin (a) Educational datanew text end designated as directory
information new text begin is public data on individuals to the extent required under federal law. Directory
information must be designated new text end pursuant to the provisions ofnew text begin :
new text end
new text begin
(1) this subdivision; and
new text end
new text begin (2)new text end United States Code, title 20, section 1232g, and Code of Federal Regulations, title
34, section 99.37, which deleted text begin aredeleted text end new text begin werenew text end in effect on January 3, 2012deleted text begin , is public data on individuals,
to the extent required under federal lawdeleted text end .
new text begin (b)new text end When conducting the directory information designation and notice process required
by federal law, an educational agency or institution shall give parents and students notice
of the right to refuse to let the agency or institution designate deleted text begin any or alldeleted text end new text begin specifiednew text end data about
the student as directory information. This notice may be given by any means reasonably
likely to inform the parents and students of the right.
new text begin
(c) An educational agency or institution may not designate a student's home address,
telephone number, email address, or other personal contact information as directory
information under this subdivision. This paragraph does not apply to a postsecondary
institution.
new text end
new text begin
(d) When requested, educational agencies or institutions must share personal student
contact information and directory information, whether public or private, with the Minnesota
Department of Education, as required for federal reporting purposes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
Beginning upon the effective date of this section, a student's personal contact information
subject to this section must be treated by an educational agency or institution as private
educational data under Minnesota Statutes, section 13.32, regardless of whether that contact
information was previously designated as directory information under Minnesota Statutes,
section 13.32, subdivision 5.
new text end
Sec. 77.
Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:
Subd. 6.
Animal premises data.
(a) new text begin Except for farmed Cervidae premises location data
collected and maintained under section 35.155, new text end the following data collected and maintained
by the Board of Animal Health related to registration and identification of premises and
animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) Except as provided in section 347.58, subdivision 5, data collected and maintained
by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or
nonpublic.
(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b)
to any person, agency, or to the public if the board determines that the access will aid in the
law enforcement process or the protection of public or animal health or safety.
Sec. 78.
Minnesota Statutes 2022, section 13.72, subdivision 19, is amended to read:
Subd. 19.
Transit customer data.
(a)new text begin The followingnew text end data on applicants, users, and
customers of public transitnew text begin are private data on individuals: (1) datanew text end collected by or through
a government entity's personalized web services or the Metropolitan Council's regional fare
collection system deleted text begin are private data on individualsdeleted text end new text begin ; and (2) data collected by telephone or
through a third-party software program for the purposes of booking and using public transit
servicesnew text end . As used in this subdivision, the following terms have the meanings given deleted text begin themdeleted text end :
(1) "regional fare collection system" means the fare collection system created and
administered by the council that is used for collecting fares or providing fare cards or passes
for transit services which includes:
(i) regular route bus service within the metropolitan area and paratransit service, whether
provided by the council or by other providers of regional transit service;
(ii) light rail transit service within the metropolitan area;
(iii) rideshare programs administered by the council;
(iv) special transportation services provided under section 473.386; and
(v) commuter rail service;
(2) "personalized web services" means services for which transit service applicants,
users, and customers must establish a user account; deleted text begin and
deleted text end
(3) "metropolitan area" means the area defined in section 473.121, subdivision 2deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(4) "third-party software program" means a software program that is proprietary to a
third party, including a third-party software program commonly known as a mobile app,
that collects and uses a public transit customer's name and other personally identifiable
information, pick-up and drop-off locations, and other trip data for the purposes of booking
and using public transit services.
new text end
(b) A government entity may disseminate data on user and customer transaction history
and fare card use to government entities, organizations, school districts, educational
institutions, and employers that subsidize or provide fare cards to their clients, students, or
employees. "Data on user and customer transaction history and fare card use" means:
(1) the date a fare card was used;
(2) the time a fare card was used;
(3) the mode of travel;
(4) the type of fare product used; and
(5) information about the date, time, and type of fare product purchased.
Government entities, organizations, school districts, educational institutions, and employers
may use customer transaction history and fare card use data only for purposes of measuring
and promoting fare card use and evaluating the cost-effectiveness of their fare card programs.
If a user or customer requests in writing that the council limit the disclosure of transaction
history and fare card use, the council may disclose only the card balance and the date a card
was last used.
(c) A government entity may disseminate transit service applicant, user, and customer
data to another government entity to prevent unlawful intrusion into government electronic
systems, or as otherwise provided by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 79.
Minnesota Statutes 2022, section 13.72, is amended by adding a subdivision to
read:
new text begin Subd. 20. new text end
new text begin Transit assistance program data. new text end
new text begin
(a) Data on applicants and users of
Metropolitan Council programs established under section 473.387, subdivision 4, are
classified as private data on individuals under section 13.02, subdivision 12.
new text end
new text begin
(b) The council may disclose transit assistance program data to public or private agencies
or organizations for the purposes of administering and coordinating human services programs
and other support services for the applicants or users.
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. 80.
Minnesota Statutes 2022, section 473.387, subdivision 4, is amended to read:
Subd. 4.
Transit disadvantaged.
The council shall establish a program and policies to
reduce transportation costs for persons who are, because of limited incomes, age, disability,
or other reasons, especially dependent on public transit for common mobility.new text begin Data on
applicants and users of council programs under this subdivision are classified as private
data on individuals under section 13.72, subdivision 20.
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
D. CIVIL MARRIAGES
Sec. 81.
Minnesota Statutes 2022, section 517.04, is amended to read:
517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained
the age of 21 years and is a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, the
residential school superintendent of the Minnesota State Academy for the Deaf and the
Minnesota State Academy for the Blind, a licensed or ordained minister of any religious
denomination, new text begin an individual who registers as a civil marriage officiant with a local registrar
in a county of this state, new text end or by any mode recognized in section 517.18. For purposes of this
section, a court of record includes the Office of Administrative Hearings under section
14.48.
E. HEALTH CARE MEDIATION
Sec. 82.
new text begin
[145.685] COMMUNICATION AND RESOLUTION AFTER A HEALTH
CARE ADVERSE INCIDENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Health care adverse incident" means an objective and definable outcome arising
from or related to patient care that results in the death or physical injury of a patient.
new text end
new text begin
(c) "Health care provider" means a person who is licensed, certified, or registered, or
otherwise permitted by state law, to administer health care in the ordinary course of business
or in the practice of a profession and practices at a health facility.
new text end
new text begin
(d) "Health facility" means a hospital or outpatient surgical center licensed under sections
144.50 to 144.56; a medical, dental, or health care clinic; a diagnostic laboratory; or a
birthing center licensed under section 144.615. The definition of health facility includes
any corporation, professional corporation, partnership, limited liability company, limited
liability partnership, or other entity comprised of health facilities or health care providers.
new text end
new text begin
(e) "Open discussion" means all communications that are made during an open discussion
process under this section and includes memoranda, work product, documents, and other
materials that are prepared for or submitted in the course of or in connection with
communications made under this section. Open discussion does not include any
communication, memoranda, work product, or other materials that would otherwise be
subject to discovery and were not prepared specifically for use in an open discussion pursuant
to this section.
new text end
new text begin
(f) "Patient" means a person who receives health care from a health care provider. If the
patient is under 18 years of age and is not an emancipated minor, the definition of patient
includes the patient's legal guardian or parent. If the patient is deceased or incapacitated,
the definition of patient includes the patient's legal representative.
new text end
new text begin Subd. 2. new text end
new text begin Engaging in an open discussion. new text end
new text begin
(a) If a health care adverse incident occurs,
a health care provider involved in the health care adverse incident, the health facility involved
in the health care adverse incident, or both jointly may provide the patient with written
notice of their desire to enter into an open discussion with the patient to discuss potential
outcomes following a health care adverse incident in accordance with this section. A health
facility may designate a person or class of persons who has the authority to provide the
notice on behalf of the health facility. The patient involved in the health care adverse incident
may provide oral notice to the health care provider, the health facility involved in the health
care adverse incident, or both, of the patient's desire to enter into an open discussion with
either the health care provider, or the health care provider and health facility jointly, to
discuss potential outcomes following a health care adverse incident in accordance with this
section.
new text end
new text begin
(b) If a health care provider or health facility decides to enter into an open discussion
as specified in this section, the written notice must be sent to the patient within 365 days
from the date the health care provider or the health facility knew, or through the use of
diligence should have known, of the health care adverse incident. The notice must include:
new text end
new text begin
(1) the health care provider, health facility, or both jointly desire to pursue an open
discussion in accordance with this section;
new text end
new text begin
(2) the patient's right to receive a copy of the medical records related to the health care
adverse incident and the patient's right to authorize the release of the patient's medical
records related to the health care adverse incident to a third party;
new text end
new text begin
(3) the patient's right to seek legal counsel and to have legal counsel present throughout
the open discussion process;
new text end
new text begin
(4) a copy of section 541.076 with notice that the time for a patient to bring a lawsuit is
limited under section 541.076 and will not be extended by engaging in an open discussion
under this section unless all parties agree in writing to an extension;
new text end
new text begin
(5) that if the patient chooses to engage in an open discussion with the health care
provider, health facility, or jointly with both, all communications made during the course
of the open discussion process, including communications regarding the initiation of an
open discussion are:
new text end
new text begin
(i) privileged and confidential;
new text end
new text begin
(ii) not subject to discovery, subpoena, or other means of legal compulsion for release;
and
new text end
new text begin
(iii) not admissible as evidence in a proceeding arising directly out of the health care
adverse incident, including a judicial, administrative, or arbitration proceeding; and
new text end
new text begin
(6) that any communications, memoranda, work product, documents, or other material
that are otherwise subject to discovery and not prepared specifically for use in an open
discussion under this section are not confidential.
new text end
new text begin
(c) If the patient agrees to engage in an open discussion with a health care provider,
health facility, or jointly with both, the agreement must be in writing and must state that
the patient has received the notice described in paragraph (b).
new text end
new text begin
(d) Upon agreement to engage in an open discussion, the patient, health care provider,
or health facility may include other persons in the open discussion process. All other persons
included in the open discussion must be advised of the parameters of communications made
during the open discussion process specified under paragraph (b), clauses (5) and (6).
new text end
new text begin
(e) If a health care provider or health facility decides to engage in an open discussion,
the health care provider or health facility may:
new text end
new text begin
(1) investigate how the health care adverse incident occurred, including gathering
information regarding the medical care or treatment and disclose the results of the
investigation to the patient;
new text end
new text begin
(2) openly communicate to the patient the steps the health care provider or health facility
will take to prevent future occurrences of the health care adverse incident; and
new text end
new text begin
(3) determine that no offer of compensation for the health care adverse incident is
warranted or that an offer of compensation for the health care adverse incident is warranted.
new text end
new text begin
(f) If a health care provider or health facility determines that no offer of compensation
is warranted, the health care provider or health facility shall orally communicate that decision
to the patient.
new text end
new text begin
(g) If a health care provider or a health facility determines that an offer of compensation
is warranted, the health care provider or health facility shall provide the patient with a written
offer of compensation. If an offer of compensation is made under this paragraph, and the
patient is not represented by legal counsel, the health care provider or health facility shall:
new text end
new text begin
(1) advise the patient of the patient's right to seek legal counsel regarding the offer of
compensation and encourage the patient to seek legal counsel; and
new text end
new text begin
(2) provide notice to the patient that the patient may be legally required to repay medical
and other expenses that were paid by a third party on the patient's behalf, including private
health insurance, Medicaid, or Medicare, along with an itemized statement from the health
provider showing all charges and third-party payments.
new text end
new text begin
(h) Except for an offer of compensation made under paragraph (g), open discussions
between the health care provider or health facility and the patient about compensation shall
not be in writing.
new text end
new text begin Subd. 3. new text end
new text begin Confidentiality of open discussions and offers of compensation. new text end
new text begin
(a) Open
discussion communications made under this section, including offers of compensation made
under subdivision 2:
new text end
new text begin
(1) do not constitute an admission of liability;
new text end
new text begin
(2) are privileged and confidential and shall not be disclosed;
new text end
new text begin
(3) are not admissible as evidence in any subsequent judicial, administrative, or arbitration
proceeding arising directly out of the health care adverse incident, except as provided in
paragraph (b);
new text end
new text begin
(4) are not subject to discovery, subpoena, or other means of legal compulsion for release;
and
new text end
new text begin
(5) shall not be disclosed by any party in any subsequent judicial, administrative, or
arbitration proceeding arising directly out of the health care adverse incident.
new text end
new text begin
(b) A party may move the court or other decision maker in a subsequent proceeding to
adjudicate the matter to admit as evidence a communication made during an open discussion
that contradicts a statement made during the proceeding. The court or other decision maker
shall allow a communication made during an open discussion that contradicts a statement
made at a subsequent proceeding to adjudicate the matter into evidence only if the
communication made during an open discussion is material to the claims presented in the
subsequent proceeding.
new text end
new text begin
(c) Communications, memoranda, work product, documents, and other materials that
are otherwise subject to discovery and that were not prepared specifically for use in an open
discussion under this section are not confidential.
new text end
new text begin
(d) The limitation on disclosure imposed by this subdivision includes disclosure during
any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or
other adjudicatory body shall not compel any person who engages in an open discussion
under this section to disclose confidential communications or agreements made under this
section.
new text end
new text begin
(e) This subdivision does not affect any other law, rule, or requirement with respect to
confidentiality.
new text end
new text begin Subd. 4. new text end
new text begin Payment and resolution. new text end
new text begin
(a) If a patient accepts an offer of compensation
made pursuant to this section, and payment of compensation is made to a patient as a result,
the payment to the patient is not payment resulting from:
new text end
new text begin
(1) a written claim or demand for payment;
new text end
new text begin
(2) a final judgment, settlement, or arbitration award against a health care institution for
medical malpractice purposes; or
new text end
new text begin
(3) a malpractice claim settled or in which judgment is rendered against a health care
professional for purposes of reporting by malpractice insurance companies under sections
146A.03, 147.111, 147A.14, 148.102, 148.263, 148B.381, 148F.205, 150A.13, and 153.24.
new text end
new text begin
(b) A health care provider or health facility may require, as a condition of an offer of
compensation made pursuant to this section, a patient to execute all documents and obtain
any necessary court approval to resolve a health care adverse incident. The parties shall
negotiate the form of the documents to be executed and obtain court approval as necessary.
new text end
new text begin Subd. 5. new text end
new text begin Sunset. new text end
new text begin
This section sunsets on June 30, 2031.
new text end
new text begin Subd. 6. new text end
new text begin Applicability. new text end
new text begin
This section applies only to health care adverse incidents that
occur on or after August 1, 2023.
new text end
F. TENANT'S RIGHTS
Sec. 83.
new text begin
[504B.114] PET DECLAWING AND DEVOCALIZATION PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Animal" has the meaning given in section 343.20, subdivision 2.
new text end
new text begin
(c) "Application for occupancy" means all phases of the process of applying for the right
to occupy a real property, including but not limited to filling out applications, interviewing,
and submitting references.
new text end
new text begin
(d) "Claw" means a hardened keratinized modification of the epidermis or a hardened
keratinized growth that extends from the end of the digits of certain mammals, birds, reptiles,
and amphibians that is commonly referred to as a claw, talon, or nail.
new text end
new text begin
(e) "Declawing" means performing, procuring, or arranging for any procedure, such as
an onychectomy, tendonectomy, or phalangectomy, to remove or prevent the normal function
of an animal's claw or claws.
new text end
new text begin
(f) "Devocalizing" means performing, procuring, or arranging for any surgical procedure,
such as a vocal cordectomy, to remove an animal's vocal cords or to prevent the normal
function of an animal's vocal cords.
new text end
new text begin Subd. 2. new text end
new text begin Prohibitions. new text end
new text begin
A landlord who allows an animal on the premises shall not:
new text end
new text begin
(1) advertise the availability of a real property for occupancy in a manner designed to
discourage application for occupancy of that real property because an applicant's animal
has not been declawed or devocalized;
new text end
new text begin
(2) refuse to allow the occupancy of a real property, refuse to negotiate the occupancy
of a real property, or otherwise make unavailable or deny to another person the occupancy
of a real property because of that person's refusal to declaw or devocalize an animal; or
new text end
new text begin
(3) require a tenant or occupant of real property to declaw or devocalize an animal
allowed on the premises.
new text end
new text begin
Any requirement or lease provision that violates this subdivision is void and unenforceable.
new text end
new text begin Subd. 3. new text end
new text begin Penalties. new text end
new text begin
(a) A city attorney, a county attorney, or the attorney general may
bring an action in district court to obtain injunctive relief for a violation of this section and
to enforce the civil penalties provided in this subdivision.
new text end
new text begin
(b) In addition to any other penalty allowed by law, a violation of subdivision 2, clause
(1), shall result in a civil penalty of not more than $1,000 per advertisement, to be paid to
the entity that is authorized to bring the action under this section.
new text end
new text begin
(c) In addition to any other penalty allowed by law, a violation of subdivision 2, clause
(2) or (3), shall result in a civil penalty of not more than $1,000 per animal, to be paid to
the entity that is authorized to bring the action under this section.
new text end
Sec. 84.
new text begin
[504B.120] PROHIBITED FEES.
new text end
new text begin Subdivision 1. new text end
new text begin Disclosure of fees. new text end
new text begin
A landlord must disclose all nonoptional fees in the
lease agreement. The sum total of rent and all nonoptional fees must be described as the
Total Monthly Payment and be listed on the first page of the lease. A unit advertised for a
residential tenancy must disclose the nonoptional fees included with the total amount for
rent in any advertisement or posting. In a lease agreement disclosure or unit advertisement,
the landlord must disclose whether utilities are included or not included in the rent.
new text end
new text begin Subd. 2. new text end
new text begin Penalties. new text end
new text begin
A landlord who violates this section is liable to the residential tenant
for treble damages and the court may award the tenant reasonable attorney fees.
new text end
Sec. 85.
Minnesota Statutes 2022, section 504B.178, subdivision 4, is amended to read:
Subd. 4.
Damages.
Any landlord who fails to:
(1) provide a written statement within three weeks of termination of the tenancy;
(2) provide a written statement within five days of the date when the tenant leaves the
building or dwelling due to the legal condemnation of the building or dwelling in which the
tenant lives for reasons not due to willful, malicious, or irresponsible conduct of the tenant;
deleted text begin or
deleted text end
(3) transfer or return a deposit as required by subdivision 5deleted text begin ,deleted text end new text begin ; or
new text end
new text begin
(4) provide the tenant with notice for an initial inspection and move-out inspection as
required by section 504B.182, and complete an initial inspection and move-out inspection
when requested by the tenant,
new text end
after receipt of the tenant's mailing address or delivery instructions, as required in subdivision
3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld
by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition
to the portion of the deposit wrongfully withheld by the landlord and interest thereon.
Sec. 86.
new text begin
[504B.182] INITIAL AND FINAL INSPECTION REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Initial inspection. new text end
new text begin
(a) At the commencement of a residential tenancy, or
within 14 days of a residential tenant occupying a unit, the landlord must notify the tenant
of their option to request an initial inspection of the residential unit for the purposes of
identifying existing deficiencies in the rental unit to avoid deductions for the security deposit
of the tenant at a future date. If the tenant requests an inspection, the landlord and tenant
shall schedule the inspection at a mutually acceptable date and time.
new text end
new text begin
(b) In lieu of an initial inspection or move-out inspection under subdivision 2, when a
tenant agrees, a landlord may provide written acknowledgment to the tenant of photos or
videos of a rental unit and agree to the condition of the rental unit at the start or end of the
tenancy.
new text end
new text begin Subd. 2. new text end
new text begin Move-out inspection. new text end
new text begin
Within a reasonable time after notification of either a
landlord or residential tenant's intention to terminate the tenancy, or before the end of the
lease term, the landlord shall notify the tenant in writing of the tenant's option to request a
move-out inspection and of the tenant's right to be present at the inspection. At a reasonable
time, but no earlier than five days before the termination or the end of the lease date, or day
the tenant plans to vacate the unit, the landlord, or an agent of the landlord, shall, upon the
request of the tenant, make a move-out inspection of the premises. The purpose of the
move-out inspection shall be to allow the tenant an opportunity to remedy identified
deficiencies, in a manner consistent with the rights and obligations of the parties under the
rental agreement, in order to avoid deductions from the security deposit. If a tenant chooses
not to request a move-out inspection, the duties of the landlord under this subdivision are
discharged. If an inspection is requested, the parties shall attempt to schedule the inspection
at a mutually acceptable date and time.
new text end
new text begin Subd. 3. new text end
new text begin Other requirements under law. new text end
new text begin
Nothing in this section changes the
requirements or obligations under any other section of law, including but not limited to
sections 504B.178, 504B.185, 504B.195, or 504B.271, 504B.375, and 504B.381.
new text end
new text begin Subd. 4. new text end
new text begin Waiver. new text end
new text begin
Except as allowed under subdivisions 1 and 2, when a tenant chooses
not to request an initial or move-out inspection, or alternate inspection under subdivision
1, paragraph (b), any provision, whether oral or written, of any lease or other agreement,
whereby any provision of this section is waived by a tenant, is contrary to public policy and
void.
new text end
Sec. 87.
Minnesota Statutes 2022, section 504B.211, subdivision 2, is amended to read:
Subd. 2.
Entry by landlord.
Except as provided in subdivision 4, a landlord may enter
the premises rented by a residential tenant only for a reasonable business purpose and after
making a good faith effort to give the residential tenant reasonable notice under the
circumstances of new text begin not less than 24 hours in advance of new text end the intent to enter. new text begin A residential tenant
may permit a landlord to enter the rented premises with less than 24 hours notice if desired.
The notice must specify a time or anticipated window of time of entry and the landlord may
only enter between the hours of 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree
to an earlier or later time.new text end A residential tenant may not waive and the landlord may not
require the residential tenant to waive the residential tenant's right to prior notice of entry
under this section as a condition of entering into or maintaining the lease.
Sec. 88.
Minnesota Statutes 2022, section 504B.211, subdivision 6, is amended to read:
Subd. 6.
Penalty.
If a landlord deleted text begin substantiallydeleted text end violates deleted text begin subdivision 2deleted text end new text begin this sectionnew text end , the
residential tenant is entitled to a penalty which may include a rent reduction up to full
rescission of the lease, recovery of any damage deposit less any amount retained under
section 504B.178, and up to a deleted text begin $100deleted text end new text begin $500new text end civil penalty for each violationdeleted text begin . If a landlord
violates subdivision 5, the residential tenant is entitled to up to a $100 civil penalty for each
violationdeleted text end new text begin and reasonable attorney feesnew text end . A residential tenant deleted text begin shalldeleted text end new text begin maynew text end follow the procedures
in sections 504B.381, 504B.385, and 504B.395 to 504B.471 to enforce the provisions of
this section.new text begin A violation of this section by the landlord is a violation of section 504B.161.
new text end
Sec. 89.
new text begin
[504B.268] RIGHT TO COUNSEL IN PUBLIC HOUSING; BREACH OF
LEASE EVICTION ACTIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Right to counsel. new text end
new text begin
A defendant in public housing subject to an eviction
action under sections 504B.281 to 504B.371 alleging breach of lease under section 504B.171
or 504B.285 who is financially unable to obtain counsel has the right to counsel appointed
by the court. The complaint required by section 504B.321 shall include the notice on the
first page of the complaint in bold 12-point type: "If financially unable to obtain counsel,
the defendant has the right to a court-appointed attorney." At the initial hearing, the court
shall ask the defendant if the defendant wants court-appointed counsel and shall explain
what such appointed counsel can accomplish for the defendant.
new text end
new text begin Subd. 2. new text end
new text begin Qualifications. new text end
new text begin
Counsel appointed by the court must (1) have a minimum of
two years' experience handling public housing evictions; (2) have training in handling public
housing evictions; or (3) be supervised by an attorney who meets the minimum qualifications
under clause (1) or (2).
new text end
new text begin Subd. 3. new text end
new text begin Compensation. new text end
new text begin
By January 15, 2024, and every year thereafter, the chief judge
of the judicial district, after consultation with public housing attorneys, legal aid attorneys,
and members of the private bar in the district, shall establish a compensation rate for attorney
fees and costs associated with representation under subdivision 1. The compensation to be
paid to an attorney for such service rendered to a defendant under this subdivision may not
exceed $5,000, exclusive of reimbursement for expenses reasonably incurred, unless payment
in excess of that limit is certified by the chief judge of the district as necessary to provide
fair compensation for services of an unusual character or duration.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 90. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 83 to 89 are effective January 1, 2024, and apply to leases signed on or after
that date.
new text end
G. LEASE COVENANTS AND REPAIRS IN RESIDENTIAL TENANCY
Sec. 91.
Minnesota Statutes 2022, section 504B.161, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) In every lease or license of residential premises, the
landlord or licensor covenants:
(1) that the premises and all common areas are fit for the use intended by the parties;
(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
of the tenant or licensee or a person under the direction or control of the tenant or licensee;
(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text begin and
deleted text end
(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licenseedeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) to supply or furnish heat at a minimum temperature of 68 degrees Fahrenheit from
October 1 through April 30, unless a utility company requires and instructs the heat to be
reduced.
new text end
(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.
Sec. 92.
Minnesota Statutes 2022, section 504B.375, subdivision 1, is amended to read:
Subdivision 1.
Unlawful exclusion or removal.
(a) This section applies to actual or
constructive removal or exclusion of a residential tenant which may include the termination
of utilities or the removal of doors, windows, or locks. A residential tenant to whom this
section applies may recover possession of the premises as described in paragraphs (b) to
(e).
(b) The residential tenant shall present a verified petition to the district court of the
judicial district of the county in which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that demonstrate that the exclusion or removal
was unlawful, including a statement that no writ of recovery of the premises and order to
vacate has been issued under section 504B.345 in favor of the landlord and against the
residential tenant and executed in accordance with section 504B.365; and
(3) asks for possession.
(c) If it clearly appears from the specific grounds and facts stated in the verified petition
or by separate affidavit of the residential tenant or the residential tenant's attorney or agent
that the exclusion or removal was unlawful, the court shall immediately order that the
residential tenant have possession of the premises.
(d) The residential tenant shall furnish security, if any, that the court finds is appropriate
under the circumstances for payment of all costs and damages the landlord may sustain if
the order is subsequently found to have been obtained wrongfully. In determining the
appropriateness of security, the court shall consider the residential tenant's ability to afford
monetary security.
(e) The court shall direct the order to the sheriff of the county in which the premises are
located and the sheriff shall execute the order immediately by making a demand for
possession on the landlord, if found, or the landlord's agent or other person in charge of the
premises. If the landlord fails to comply with the demand, the officer shall take whatever
assistance may be necessary and immediately place the residential tenant in possession of
the premises. If the landlord, the landlord's agent, or other person in control of the premises
cannot be found and if there is no person in charge, the officer shall immediately enter into
and place the residential tenant in possession of the premises. The officer shall also serve
the order and verified petition or affidavit immediately upon the landlord or agent, in the
same manner as a summons is required to be served in a civil action in district court.
new text begin
(f) The court administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to pay affidavit.
new text end
Sec. 93.
Minnesota Statutes 2022, section 504B.381, subdivision 1, is amended to read:
Subdivision 1.
Petition.
A person authorized to bring an action under section 504B.395,
subdivision 1, may petition the court for relief deleted text begin in cases of emergency involving the loss of
running water, hot water, heat, electricity, sanitary facilities, or other essential services or
facilities that the landlord is responsible for providing.deleted text end new text begin :
new text end
new text begin
(1) when a unit of government has revoked a rental license, issued a condemnation order,
issued a notice of intent to condemn, or otherwise deemed the property uninhabitable; or
new text end
new text begin
(2) in cases of emergency involving the following services and facilities when the landlord
is responsible for providing them:
new text end
new text begin
(i) a serious infestation;
new text end
new text begin
(ii) the loss of running water;
new text end
new text begin
(iii) the loss of hot water;
new text end
new text begin
(iv) the loss of heat;
new text end
new text begin
(v) the loss of electricity;
new text end
new text begin
(vi) the loss of sanitary facilities;
new text end
new text begin
(vii) a nonfunctioning refrigerator;
new text end
new text begin
(viii) if included in the lease, a nonfunctioning air conditioner;
new text end
new text begin
(iv) if included in the lease, no functioning elevator;
new text end
new text begin
(x) any conditions, services, or facilities that pose a serious and negative impact on
health or safety; or
new text end
new text begin
(xi) other essential services or facilities.
new text end
Sec. 94.
Minnesota Statutes 2022, section 504B.381, subdivision 5, is amended to read:
Subd. 5.
Relief; service of new text begin petition andnew text end order.
new text begin Provided proof that the petitioner has
given the notice required in subdivision 4 to the landlord, if the court finds based on the
petitioner's emergency ex parte motion for relief, affidavit, and other evidence presented
that the landlord violated subdivision 1, then new text end the courtnew text begin shall order that the landlord
immediately begin to remedy the violation andnew text end may order relief as provided in section
504B.425. The new text begin court and new text end petitioner shall serve the new text begin petition andnew text end order on the landlord
personally or by mail as soon as practicable.new text begin The court shall include notice of a hearing and,
at the hearing, shall consider evidence of alleged violations, defenses, compliance with the
order, and any additional relief available under section 504B.425. The court and petitioner
shall serve the notice of hearing on the ex parte petition and emergency order personally or
by mail as soon as practicable.
new text end
Sec. 95.
Minnesota Statutes 2022, section 504B.381, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Filing fee. new text end
new text begin
The court administrator may charge a filing fee in the amount set
for complaints and counterclaims in conciliation court, subject to the filing of an inability
to pay affidavit.
new text end
Sec. 96. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 91 to 95 are effective January 1, 2024, and where applicable, apply to petitions
filed on or after that date.
new text end
H. LEASE TERMINATION
Sec. 97.
Minnesota Statutes 2022, section 504B.135, is amended to read:
504B.135 TERMINATING TENANCY AT WILL.
deleted text begin (a)deleted text end A tenancy at will may be terminated by either party by giving notice in writing. The
time of the notice must be at least as long as the interval between the time rent is due or
three months, whichever is less.
deleted text begin
(b) If a tenant neglects or refuses to pay rent due on a tenancy at will, the landlord may
terminate the tenancy by giving the tenant 14 days notice to quit in writing.
deleted text end
Sec. 98.
new text begin
[504B.144] EARLY RENEWAL OF LEASE.
new text end
new text begin
A landlord must wait until six months from the expiration of the current lease before
requiring a tenant to renew the lease, if the lease is for a period of time longer than ten
months. Nothing prevents a landlord from waiting until closer to the expiration of a lease
to ask a tenant to renew the lease. Any provision, whether oral or written, of any lease or
other agreement whereby any provision of this section is waived by a tenant is contrary to
public policy and void.
new text end
Sec. 99.
Minnesota Statutes 2022, section 504B.171, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Limitation on crime-free lease provisions. new text end
new text begin
A residential landlord may not
impose a penalty on a residential tenant or terminate the lease of a residential tenant for the
conduct of the residential tenant, household member, or guest occurring off of the premises
or curtilage of the premises, unless (1) the conduct would constitute a crime of violence
against another tenant, the tenant's guest, the landlord, or the landlord's employees, regardless
of whether a charge was brought or a conviction obtained; or (2) the conduct results in a
conviction of a crime of violence against a person unrelated to the premises. For purposes
of this subdivision, crime of violence has the meaning given in section 624.712, subdivision
5, except that it does not include offenses under chapter 152.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2024.
new text end
Sec. 100.
Minnesota Statutes 2022, section 504B.172, is amended to read:
504B.172 RECOVERY OF ATTORNEY FEES.
If a residential lease specifies an action, circumstances, or an extent to which a landlord,
directly, or through additional rent, may recover attorney fees in an action between the
landlord and tenant, the tenant is entitled to attorney fees if the tenant prevails in the same
type of action, under the same circumstances, new text begin or is entitled to costs under section 549.02,
new text end and to the same extent as specified in the lease for the landlord.
Sec. 101.
new text begin
[504B.266] TERMINATION OF LEASE UPON INFIRMITY OF TENANT.
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 following terms have
the meanings given them.
new text end
new text begin
(b) "Authorized representative" means a person acting as an attorney-in-fact under a
power of attorney under section 523.24 or a court-appointed conservator or guardian under
chapter 524.
new text end
new text begin
(c) "Disability" means any condition or characteristic that is a physical, sensory, or
mental impairment that materially limits at least one major life activity.
new text end
new text begin
(d) "Medical care facility" means:
new text end
new text begin
(1) a nursing home, as defined in section 144A.01, subdivision 5;
new text end
new text begin
(2) hospice care, as defined in section 144A.75, subdivision 8;
new text end
new text begin
(3) residential hospice facility, as defined in section 144A.75, subdivision 13;
new text end
new text begin
(4) boarding care home, as licensed under chapter 144 and regulated by the Department
of Health under Minnesota Rules, chapter 4655;
new text end
new text begin
(5) supervised living facility, as licensed under chapter 144;
new text end
new text begin
(6) a facility providing assisted living, as defined in section 144G.08, subdivision 7;
new text end
new text begin
(7) an accessible unit, as defined in section 363A.40, subdivision 1, paragraph (b);
new text end
new text begin
(8) a state facility as defined in section 246.50, subdivision 3;
new text end
new text begin
(9) a facility providing a foster care for adults program as defined in section 245A.02,
subdivision 6c; or
new text end
new text begin
(10) a facility providing intensive residential treatment services as defined in section
245I.23.
new text end
new text begin
(e) "Medical professional" means:
new text end
new text begin
(1) a physician who is currently licensed to practice medicine under section 147.02,
subdivision 1;
new text end
new text begin
(2) an advanced practice registered nurse, as defined in section 148.171, subdivision 3;
or
new text end
new text begin
(3) a mental health professional as defined in section 245I.04, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Termination of lease upon infirmity of tenant. new text end
new text begin
(a) A tenant or the authorized
representative of the tenant may terminate the lease prior to the expiration of the lease in
the manner provided in subdivision 3 if the tenant has or, if there is more than one tenant,
all the tenants have, been found by a medical professional to need to move into a medical
care facility and:
new text end
new text begin
(1) require assistance with instrumental activities of daily living or personal activities
of daily living due to medical reasons or a disability;
new text end
new text begin
(2) meet one of the nursing facility level of care criteria under section 144.0724,
subdivision 11; or
new text end
new text begin
(3) have a disability or functional impairment in three or more of the areas listed in
section 245.462, subdivision 11a, so that self-sufficiency is markedly reduced because of
a mental illness.
new text end
new text begin
(b) When a tenant requires an accessible unit as defined in section 363A.40, subdivision
1, and the landlord can provide an accessible unit in the same complex where the tenant
currently resides that is available within two months of the request, then the provisions of
this section do not apply and the tenant may not terminate the lease.
new text end
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
When the conditions in subdivision 2 have been met, the tenant or the
tenant's authorized representative may terminate the lease by providing at least two months'
written notice to be effective on the last day of a calendar month. The notice must be either
hand-delivered or mailed by postage prepaid, first class United States mail. The notice must
include: (1) a copy of the medical professional's written documentation of the infirmity;
and (2) documentation showing that the tenant has been accepted as a resident or has a
pending application at a location where the medical professional has indicated that the tenant
needs to move. The termination of a lease under this section shall not relieve the eligible
tenant from liability either for the payment of rent or other sums owed prior to or during
the notice period, or for the payment of amounts necessary to restore the premises to their
condition at the commencement of the tenancy, ordinary wear and tear excepted.
new text end
new text begin Subd. 4. new text end
new text begin Waiver prohibited. new text end
new text begin
Any waiver of the rights of termination provided by this
section, including lease provisions or other agreements that require a longer notice period
than those provided for in this section, shall be void and unenforceable.
new text end
new text begin Subd. 5. new text end
new text begin Other laws. new text end
new text begin
Nothing in this section affects the rights or remedies available in
this chapter or other law, including but not limited to chapter 363A.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024, and applies to leases
entered into or renewed on or after January 1, 2024. For the purposes of this section, estates
at will shall be deemed to be renewed at the commencement of each rental period.
new text end
Sec. 102. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 97, 98, and 100 are effective January 1, 2024, and apply to leases entered into
or renewed on or after January 1, 2024.
new text end
I. RESIDENTIAL EVICTIONS
Sec. 103.
Minnesota Statutes 2022, section 504B.285, subdivision 5, is amended to read:
Subd. 5.
Combining allegations.
(a) An action for recovery of the premises may combine
the allegation of nonpayment of rent and the allegation of material violation of the lease,
which shall be heard as alternative grounds.
deleted text begin
(b) In cases where rent is outstanding, a tenant is not required to pay into court the
amount of rent in arrears, interest, and costs as required under section 504B.291 to defend
against an allegation by the landlord that the tenant has committed a material violation of
the lease.
deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end If the landlord does not prevail in proving material violation of the lease, and the
landlord has also alleged that rent is due, the tenant shall be permitted to present defenses
to the court that the rent is not owing. The tenant shall be given up to seven days of additional
time to pay any rent determined by the court to be due. deleted text begin The court may order the tenant to
pay rent and any costs determined to be due directly to the landlord or to be deposited with
the court.
deleted text end
Sec. 104.
Minnesota Statutes 2022, section 504B.291, subdivision 1, is amended to read:
Subdivision 1.
Action to recover.
(a) A landlord may bring an eviction action for
nonpayment of rent irrespective of whether the lease contains a right of reentry clause. Such
an eviction action is equivalent to a demand for the rent. There is a rebuttable presumption
that the rent has been paid if the tenant produces a copy or copies of one or more money
orders or produces one or more original receipt stubs evidencing the purchase of a money
order, if the documents: (i) total the amount of the rent; (ii) include a date or dates
approximately corresponding with the date rent was due; and (iii) in the case of copies of
money orders, are made payable to the landlord. This presumption is rebutted if the landlord
produces a business record that shows that the tenant has not paid the rent. The landlord is
not precluded from introducing other evidence that rebuts this presumption. In such an
action, unless the landlord has also sought to evict the tenant by alleging a material violation
of the lease under section 504B.285, subdivision 5, the tenant may, at any time before
possession has been delivered, redeem the tenancy and be restored to possession by paying
to the landlord or bringing to court the amount of the rent that is in arrears, with interest,
costs of the action, and an attorney's fee not to exceed $5, and by performing any other
covenants of the lease.new text begin Redemption may be made with a written guarantee from (1) a federal
agency, state agency, or local unit of government, or (2) any other organization that qualifies
for tax-exempt status under United States Code, title 26, section 501(c)(3), and that
administers a government rental assistance program, has sufficient funds available, and
guarantees funds will be provided to the landlord.
new text end
(b) If the tenant has paid to the landlord or brought into court the amount of rent in
arrears but is unable to pay the interest, costs of the action, and attorney's fees required by
paragraph (a), the court may permit the tenant to pay these amounts into court and be restored
to possession within the same period of time, if any, for which the court stays the issuance
of the order to vacate under section 504B.345.
(c) Prior to or after commencement of an action to recover possession for nonpayment
of rent, the parties may agree only in writing that partial payment of rent in arrears which
is accepted by the landlord prior to issuance of the order granting restitution of the premises
pursuant to section 504B.345 may be applied to the balance due and does not waive the
landlord's action to recover possession of the premises for nonpayment of rent.
(d) Rental payments under this subdivision must first be applied to rent claimed as due
in the complaint from prior rental periods before applying any payment toward rent claimed
in the complaint for the current rental period, unless the court finds that under the
circumstances the claim for rent from prior rental periods has been waived.
Sec. 105.
Minnesota Statutes 2022, section 504B.321, is amended to read:
504B.321 COMPLAINT AND SUMMONS.
Subdivision 1.
Procedure.
(a) To bring an eviction action, the person complaining shall
file a complaint with the court, stating the full name and date of birth of the person against
whom the complaint is made, unless it is not known, describing the premises of which
possession is claimed, stating the facts which authorize the recovery of possession, and
asking for recovery thereof.
(b) The lack of the full name and date of birth of the person against whom the complaint
is made does not deprive the court of jurisdiction or make the complaint invalid.
deleted text begin
(c) The court shall issue a summons, commanding the person against whom the complaint
is made to appear before the court on a day and at a place stated in the summons.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end The appearance shall be not less than seven nor more than 14 days from the day
of issuing the summons, except as provided by subdivision 2.
new text begin
(d) If applicable, the person filing a complaint must attach a copy of the written notice
described in subdivision 1a. The court shall dismiss an action without prejudice for failure
to provide a notice as described in subdivision 1a and grant an expungement of the eviction
case court file.
new text end
deleted text begin
(e) A copy of the complaint shall be attached to the summons, which shall state that the
copy is attached and that the original has been filed.
deleted text end
new text begin Subd. 1a. new text end
new text begin Written notice. new text end
new text begin
(a) Before bringing an eviction action alleging nonpayment
of rent or other unpaid financial obligation in violation of the lease, a landlord must provide
written notice to the residential tenant specifying the basis for future eviction action. The
notice must include:
new text end
new text begin
(1) the total amount due;
new text end
new text begin
(2) a specific accounting of the amount of the total due from unpaid rent, late fees, and
other charges under the lease;
new text end
new text begin
(3) the name and address of the person authorized to receive rent and fees on behalf of
the landlord;
new text end
new text begin
(4) the following statement: "You have the right to seek legal help. If you can't afford
a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org
to know your rights and find your local Legal Aid office.";
new text end
new text begin
(5) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709"; and
new text end
new text begin
(6) the following statement: "Your landlord can file an eviction case if you do not pay
the total amount due or move out within 14 days from the date of this notice. Some local
governments may have an eviction notice period longer than 14 days.
new text end
new text begin
(b) The landlord or an agent of the landlord must deliver the notice personally or by first
class mail to the residential tenant at the address of the leased premises.
new text end
new text begin
(c) If the residential tenant fails to correct the rent delinquency within 14 days of the
delivery or mailing of the notice, or the number of days required by a local government rule
or law if the notice period prior to an eviction required by the local government is longer
than 14 days, or fails to vacate, then the landlord may bring an eviction action under
subdivision 1 based on nonpayment of rent.
new text end
new text begin Subd. 1b. new text end
new text begin Notice constitutes verification of emergency. new text end
new text begin
(a) Receipt of the notice under
subdivision 1a shall be deemed by a county or other agency requiring verification of
emergency to qualify a tenant for assistance to be sufficient demonstration of an emergency
situation under section 256D.06, subdivision 2, and Minnesota Rules, chapter 9500. For
purposes of chapter 256J and Minnesota Rules, chapter 9500, a county agency verifies an
emergency situation by receiving and reviewing a notice under this section.
new text end
new text begin
(b) When it receives a copy of the notice required by this section, the county must not:
new text end
new text begin
(1) require a tenant to provide additional verification of the emergency; or
new text end
new text begin
(2) require additional verification that the landlord will accept the funds demanded in
the notice required by this section to resolve the emergency.
new text end
Subd. 2.
Expedited procedure.
(a) In an eviction action brought under section 504B.171
or on the basis that the deleted text begin tenant is causing a nuisance or other illegal behavior that seriously
endangers the safety of other residents, their property, or the landlord's propertydeleted text end new text begin residential
tenant engages in behavior that seriously endangers the safety of other residents, or
intentionally and seriously damages the property of the landlord or a tenantnew text end , the person
filing the complaint shall file an affidavit stating specific facts and instances in support of
why an expedited hearing is required.
(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled
for an expedited hearing only if sufficient supporting facts are stated and they meet the
requirements of this paragraph.
(c) The appearance in an expedited hearing shall be not less than five days nor more
than seven days from the date the summons is issued. The summons, in an expedited hearing,
shall be served upon the new text begin residential new text end tenant within 24 hours of issuance unless the court
orders otherwise for good cause shown.
(d) If the court determines that the person seeking an expedited hearing did so without
sufficient basis under the requirements of this subdivision, the court shall impose a civil
penalty of up to $500 for abuse of the expedited hearing process.
new text begin
(e) The court may only consider allegations under paragraph (a) during an expedited
hearing. The court may not consolidate claims heard under the expedited procedure with
any additional claims, including but not limited to breach of lease, holding over under section
504B.285, or nonpayment of rent under section 504B.291.
new text end
new text begin Subd. 3. new text end
new text begin Contents of complaint. new text end
new text begin
The person bringing a complaint under this section
must:
new text end
new text begin
(1) attach the current written lease, if any, or most recent written lease in existence, and
any relevant lease addenda;
new text end
new text begin
(2) if alleging nonpayment of rent, attach a detailed, itemized accounting or statement
listing the amounts;
new text end
new text begin
(3) if alleging a breach of lease, identify the clause of the lease which is the basis of the
allegation, the nature of the conduct constituting the alleged breach of lease, the dates on
which the alleged conduct took place, and the clause granting the right to evict based on
the alleged conduct;
new text end
new text begin
(4) if alleging a violation of section 504B.171, specify the nature of the conduct
constituting the alleged violation and the dates on which the alleged conduct took place;
new text end
new text begin
(5) if alleging a violation of section 504B.285, subdivision 1, attach a copy of any notice
to vacate or notice to quit; and
new text end
new text begin
(6) state in the complaint whether the tenancy is affected by a federal or state housing
subsidy program through project-based federal assistance payments; the Section 8 program,
as defined in section 469.002, subdivision 24; the low-income housing tax credit program;
or any other similar program, and include the name of the agency that administers the
housing subsidy program.
new text end
new text begin Subd. 4. new text end
new text begin Summons. new text end
new text begin
The court shall issue a summons, commanding the person against
whom the complaint is made to appear before the court on the day and at the place stated
in the summons. A copy of the complaint must be attached to the summons. The summons
must include, at a minimum:
new text end
new text begin
(1) the full name of the person against whom the complaint is brought;
new text end
new text begin
(2) the date, time, and location of the hearing;
new text end
new text begin
(3) information about the methods for participating in the court appearance, including,
if applicable, information for appearing by telephone or computer and contact information
for the court regarding remote participation;
new text end
new text begin
(4) the following statement: "You have the right to seek legal help or request a reasonable
accommodation from the court for your hearing. Contact the court as soon as possible if
you need an accommodation. If you can't afford a lawyer, free legal help may be available.
Contact Legal Aid or visit www.LawHelpMN.org to know your rights and find your local
Legal Aid office.";
new text end
new text begin
(5) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709"; and
new text end
new text begin
(6) notification that a copy of the complaint is attached and has been filed with the court.
new text end
new text begin Subd. 5. new text end
new text begin Defective filing or service. new text end
new text begin
The court must dismiss and expunge the record of
any action if the person bringing the action fails to comply with this section.
new text end
Sec. 106.
Minnesota Statutes 2022, section 504B.331, is amended to read:
504B.331 SUMMONS; HOW SERVED.
(a) The summonsnew text begin and complaintnew text end must be served at least seven days before the date of
the court appearance specified in section 504B.321, in the manner provided for service of
a summons in a civil action in district court. deleted text begin It may be served by any person not named a
party to the action.
deleted text end
(b) If the defendant cannot be found in the county, the summons new text begin and complaint new text end may be
served at least seven days before the date of the court appearance by:
(1) leaving a copy at the defendant's last usual place of abode with a person of suitable
age and discretion residing there; or
(2) if the defendant had no place of abode, by leaving a copy at the property described
in the complaint with a person of suitable age and discretion occupying the premises.
(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant
cannot be found in the county.
(d) Where the defendant cannot be found in the county, service of the summonsnew text begin and
complaintnew text end may be made upon the defendant by posting the summons in a conspicuous place
on the property for not less than one week if:
(1) the property described in the complaint is:
(i) nonresidential and no person actually occupies the property; or
(ii) residential and service has been attempted at least twice on different days, with at
least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.;
and
(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit
stating that:
(i) the defendant cannot be found, or that the plaintiff or the plaintiff's attorney believes
that the defendant is not in the state; deleted text begin and
deleted text end
(ii) a copy of the summons has been mailed to the defendant at the defendant's last known
address if any is known to the plaintiffdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(iii) the plaintiff or plaintiff's attorney has communicated to the defendant that an eviction
hearing has been scheduled, including the date, time, and place of the hearing specified in
the summons, by at least one form of written communication the plaintiff regularly uses to
communicate with the defendant that have a date and time stamp.
new text end
(e) If the defendant or the defendant's attorney does not appear in court on the date of
the appearance, the trial shall proceed.
Sec. 107.
Minnesota Statutes 2022, section 504B.335, is amended to read:
504B.335 ANSWER; TRIAL.
(a) At the court appearance specified in the summons, the defendant may answer the
complaintdeleted text begin , and the court shall hear and decide the action, unless it grants a continuance of
deleted text end deleted text begin the trial as provided in section deleted text end . new text begin When scheduling a trial date, the court must select
a date that allows for a fair, thorough, and timely adjudication of the merits of the case,
including the complexity of the matter, the need for the parties to obtain discovery, the need
for the parties to ensure the presence of witnesses, the opportunity for the defendant to seek
legal counsel and raise affirmative defenses, and any extenuating factors enumerated under
section 504B.171.
new text end
(b) Either party may demand a trial by jury.
(c) The proceedings in the action are the same as in other civil actions, except as provided
in sections 504B.281 to 504B.371.
(d) The court, in scheduling appearances and hearings under this section, shall give
priority to any eviction brought under section 504B.171, or on the basis that the deleted text begin defendant
is a tenant and is causing a nuisance or seriously endangers the safety of other residents,
their property, or the landlord's propertydeleted text end new text begin residential tenant engages in behavior that seriously
endangers the safety of other residents, or intentionally and seriously damages the property
of the landlord or a tenantnew text end .
new text begin
(e) The court may not require the defendant to pay any amount of money into court, post
a bond, make a payment directly to a landlord, or by any other means post security for any
purpose prior to final disposition of an action, except if the final disposition of the action
may be delayed for more than ten days, the court may order the defendant to provide security
in a form and amount that the court approves, based on the totality of the circumstances,
provided that the amount of security may not include any amounts allegedly owed prior to
the date of filing of the action and may not exceed the amount of the monthly or periodic
rent that accrues during the pendency of the action. Nothing in this paragraph shall affect
an appeal bond under section 504B.371, subdivision 3.
new text end
Sec. 108.
Minnesota Statutes 2022, section 504B.345, subdivision 1, is amended to read:
Subdivision 1.
General.
(a) If the court or jury finds for the plaintiff, the court shall
immediately enter judgment that the plaintiff shall have recovery of the premises, and shall
tax the costs against the defendant. The court shall issue execution in favor of the plaintiff
for the costs and also immediately issue a writ of recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of recovery of premises and order to
vacate for an eviction action brought under section 504B.171 or on the basis that the tenant
is causing a nuisance or seriously endangers the safety of other residents, their property, or
the landlord's property.
(c) If the court or jury finds for the defendantnew text begin , then the courtnew text end :
(1) deleted text begin the courtdeleted text end shall enter judgment for the defendant, tax the costs against the plaintiff,
and issue execution in favor of the defendant; and
(2) deleted text begin the court maydeleted text end new text begin shallnew text end expunge the records relating to the action under the provisions
of section 484.014 or under the court's inherent authority at the time judgment is entered
or after that time upon motion of the defendant.
(d) Except in actions brought: (1) under section 504B.291 deleted text begin as required by section
609.5317, subdivision 1deleted text end ; (2) under section 504B.171; or (3) on the basis that the new text begin residential
new text end tenant deleted text begin is causing a nuisance or seriously endangers the safety of other residents, their
property, or the landlord's property, upon a showing by the defendant that immediate
restitution of the premises would work a substantial hardship upon the defendant or the
defendant's family,deleted text end new text begin engages in behavior that seriously endangers the safety of other residents,
or intentionally and seriously damages the property of the landlord or a tenant,new text end the court
shall stay the writ of recovery of premises and order to vacate for a reasonable period, not
to exceed seven days.
Sec. 109.
Minnesota Statutes 2022, section 504B.345, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Motion to vacate judgment. new text end
new text begin
Any party may bring a motion to vacate a judgment
in an eviction action. An order denying a motion to vacate a judgment is considered a
judgment for purposes of appeal under section 504B.371.
new text end
Sec. 110.
Minnesota Statutes 2022, section 504B.361, subdivision 1, is amended to read:
Subdivision 1.
Summons and writ.
The state court administrator shall develop a uniform
form for the summons and writ of recovery of premises and order to vacate.new text begin The summons
shall conform to the requirements enumerated under section 504B.321, subdivision 3. The
writ for recovery of premises and order to vacate must include:
new text end
new text begin
(1) the following statement: "You have the right to seek legal help. If you can't afford
a lawyer, free legal help may be available. Contact Legal Aid or visit www.LawHelpMN.org
to know your rights and find your local Legal Aid office."; and
new text end
new text begin
(2) the following statement: "To apply for financial help, contact your local county or
Tribal social services office, apply online at MNBenefits.mn.gov, or call the United Way
toll-free information line by dialing 2-1-1 or 800-543-7709."
new text end
Sec. 111.
Minnesota Statutes 2022, section 504B.371, subdivision 3, is amended to read:
Subd. 3.
Appeal bond.
If the party appealing remains in possession of the property, that
party must give a bond that provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) deleted text begin alldeleted text end new text begin the regularnew text end rent deleted text begin and other damagesdeleted text end due to the party excluded from possession
during the pendency of the appeal will be paidnew text begin as that rent accrues. The court may not require
a bond including back rent, late fees, disputed charges, or any other amount in excess of
the regular rent as it accrues each monthnew text end .
Sec. 112.
Minnesota Statutes 2022, section 504B.371, subdivision 4, is amended to read:
Subd. 4.
Stay pending appeal.
After the appeal is taken, all further proceedings in the
case are stayeddeleted text begin , except as provided in subdivision 7deleted text end .
Sec. 113.
Minnesota Statutes 2022, section 504B.371, subdivision 5, is amended to read:
Subd. 5.
Stay of writ issued before appeal.
(a) deleted text begin Except as provided in subdivision 7,deleted text end If
the court issues a writ for recovery of premises and order to vacate before an appeal is taken,
the appealing party may request that the court stay further proceedings and execution of the
writ for possession of premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the premises, that party must give a
bond under subdivision 3.
(c) When the officer who has the writ for possession of premises and order to vacate is
served with the order granting the stay, the officer shall cease all further proceedings. If the
writ for possession of premises and order to vacate has not been completely executed, the
defendant shall remain in possession of the premises until the appeal is decided.
Sec. 114.
Minnesota Statutes 2022, section 504B.371, subdivision 7, is amended to read:
Subd. 7.
Exception.
Subdivisions 1, 4, and 6 do not apply in an action deleted text begin on a lease, against
a tenant holding over after the expiration of the term of the lease, or a termination of the
lease by a notice to quit,deleted text end new text begin where the plaintiff has prevailed on a claim pursuant to section
504B.171, subdivision 2,new text end if the plaintiff gives a bond conditioned to pay all costs and damages
if on the appeal the judgment of restitution is reversed and a new trial ordered. In such a
case, the court shall issue a writ for recovery of premises and order to vacate notwithstanding
the notice of appeal, as if no appeal had been taken, and the appellate court shall issue all
needful writs and processes to carry out any judgment which may be rendered in the court.
Sec. 115. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 504B.341,
new text end
new text begin
is repealed.
new text end
Sec. 116. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 103 to 115 are effective January 1, 2024, and apply to actions filed on or after
that date.
new text end
J. EVICTION RECORDS
Sec. 117.
Minnesota Statutes 2022, section 484.014, subdivision 2, is amended to read:
Subd. 2.
Discretionary expungement.
The court may order expungement of an eviction
case court file deleted text begin only upon motion of a defendant and decision by the court, if the court finds
that the plaintiff's case is sufficiently without basis in fact or law, which may include lack
of jurisdiction over the case, thatdeleted text end new text begin if the court finds thenew text end expungement is clearly in the interests
of justice and those interests are not outweighed by the public's interest in knowing about
the record.
Sec. 118.
Minnesota Statutes 2022, section 484.014, subdivision 3, is amended to read:
Subd. 3.
Mandatory expungement.
new text begin Except for clause (6), new text end the court shallnew text begin , without motion
by any party,new text end order expungement of an eviction casenew text begin :
new text end
new text begin (1)new text end commenced solely on the grounds provided in section 504B.285, subdivision 1,
clause (1), if the court finds that the defendant occupied real property that was subject to
contract for deed cancellation or mortgage foreclosure and:
deleted text begin (1)deleted text end new text begin (i)new text end the time for contract cancellation or foreclosure redemption has expired and the
defendant vacated the property prior to commencement of the eviction action; or
deleted text begin (2)deleted text end new text begin (ii)new text end the defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285, subdivision 1a, 1b,
or 1c, to vacate on a date prior to commencement of the eviction casedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) if the defendant prevailed on the merits;
new text end
new text begin
(3) if the court dismissed the plaintiff's complaint for any reason;
new text end
new text begin
(4) if the parties to the action have agreed to an expungement;
new text end
new text begin
(5) three years after the eviction was ordered; or
new text end
new text begin
(6) upon motion of a defendant, if the case is settled and the defendant fulfills the terms
of the settlement.
new text end
Sec. 119.
Minnesota Statutes 2022, section 504B.321, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Nonpublic record. new text end
new text begin
An eviction action is not accessible to the public until the
court enters a final judgment, except that parties to the case and licensed attorneys assisting
a party in the case, regardless of whether or not they are the attorney of record, shall have
access to the eviction action file.
new text end
Sec. 120. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 117 to 119 are effective January 1, 2024.
new text end
ARTICLE 20
CARJACKING; CONFORMING CHANGES
Section 1.
Minnesota Statutes 2022, section 51A.14, is amended to read:
51A.14 INDEMNITY BONDS.
All directors, officers, and employees of an association shall, before entering upon the
performance of any of their duties, execute their individual bonds with adequate corporate
surety payable to the association as an indemnity for any loss the association may sustain
of money or other property by or through any fraud, dishonesty, forgery or alteration, larceny,
theft, embezzlement, robbery,new text begin carjacking,new text end burglary, holdup, wrongful or unlawful abstraction,
misapplication, misplacement, destruction or misappropriation, or any other dishonest or
criminal act or omission by any such director, officer, employee, or agent. Associations
which employ collection agents, who for any reason are not covered by a bond as hereinabove
required, shall provide for the bonding of each such agent in an amount equal to at least
twice the average monthly collection of such agent. Such agents shall be required to make
settlement with the association at least monthly. No bond coverage will be required of any
agent which is a financial institution insured by the Federal Deposit Insurance Corporation
or by the federal savings and loan insurance corporation. The amounts and form of such
bonds and sufficiency of the surety thereon shall be approved by the board of directors and
by the commissioner. In lieu of individual bonds, a blanket bond, protecting the association
from loss through any such act or acts on the part of any such director, officer, or employee,
may be obtained. Such bonds shall provide that a cancellation thereof either by the surety
or by the insured shall not become effective unless and until ten days' notice in writing first
shall have been given to the commissioner unless the commissioner shall have approved
such cancellation earlier.
Sec. 2.
Minnesota Statutes 2022, section 145A.061, subdivision 3, is amended to read:
Subd. 3.
Denial of service.
The commissioner may deny an application from any
applicant who has been convicted of any of the following crimes:
Section 609.185 (murder in the first degree); section 609.19 (murder in the second
degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the
first degree); section 609.205 (manslaughter in the second degree); section 609.25
(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section
609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of
an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first
degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344
(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in
the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section
609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to
engage in sexual conduct); section 609.352 (communication of sexually explicit materials
to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a
child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson
in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in
the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking);
section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled
substance crimes in the second degree); section 152.023 (controlled substance crimes in the
third degree); section 152.024 (controlled substance crimes in the fourth degree); section
152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of
predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision
3, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual
performance); section 617.247 (possession of pornographic work involving minors); section
609.221 (assault in the first degree); section 609.222 (assault in the second degree); section
609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); section
609.224 (assault in the fifth degree); section 609.2242 (domestic assault); section 609.2247
(domestic assault by strangulation); section 609.228 (great bodily harm caused by distribution
of drugs); section 609.23 (mistreatment of persons confined); section 609.231 (mistreatment
of residents or patients); section 609.2325 (criminal abuse); section 609.233 (criminal
neglect); section 609.2335 (financial exploitation of a vulnerable adult); section 609.234
(failure to report); section 609.24 (simple robbery); section 609.245 (aggravated robbery);new text begin
section 609.247 (carjacking);new text end section 609.255 (false imprisonment); section 609.322
(solicitation, inducement, and promotion of prostitution and sex trafficking); section 609.324,
subdivision 1 (hiring or engaging minors in prostitution); section 609.465 (presenting false
claims to a public officer or body); section 609.466 (medical assistance fraud); section
609.52 (felony theft); section 609.82 (felony fraud in obtaining credit); section 609.527
(felony identity theft); section 609.582 (felony burglary); section 609.611 (felony insurance
fraud); section 609.625 (aggravated forgery); section 609.63 (forgery); section 609.631
(felony check forgery); section 609.66, subdivision 1e (felony drive-by shooting); section
609.71 (felony riot); section 609.713 (terroristic threats); section 609.72, subdivision 3
(disorderly conduct by a caregiver against a vulnerable adult); section 609.821 (felony
financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any
of the offenses in this subdivision.
Sec. 3.
Minnesota Statutes 2022, section 146A.08, subdivision 1, is amended to read:
Subdivision 1.
Prohibited conduct.
(a) The commissioner may impose disciplinary
action as described in section 146A.09 against any unlicensed complementary and alternative
health care practitioner. The following conduct is prohibited and is grounds for disciplinary
action:
(b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in complementary and alternative health care practices.
Conviction, as used in this subdivision, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered.
(c) Conviction of any crime against a person. For purposes of this chapter, a crime against
a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20;
609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224;
609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;new text begin
609.247;new text end 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;
609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause
(1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes 2012,
section 609.21.
(d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision
7.
(e) Engaging in sexual contact with a complementary and alternative health care client,
engaging in contact that may be reasonably interpreted by a client as sexual, engaging in
any verbal behavior that is seductive or sexually demeaning to the client, or engaging in
sexual exploitation of a client or former client.
(f) Advertising that is false, fraudulent, deceptive, or misleading.
(g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or
careless disregard for the health, welfare, or safety of a complementary and alternative
health care client; or any other practice that may create danger to any client's life, health,
or safety, in any of which cases, proof of actual injury need not be established.
(h) Adjudication as mentally incompetent or as a person who is dangerous to self or
adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally
disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality
or sexually dangerous person.
(i) Inability to engage in complementary and alternative health care practices with
reasonable safety to complementary and alternative health care clients.
(j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.
(k) Improper or unauthorized personal or other use of any legend drugs as defined in
chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined
in chapter 152.
(l) Revealing a communication from, or relating to, a complementary and alternative
health care client except when otherwise required or permitted by law.
(m) Failure to comply with a complementary and alternative health care client's request
made under sections 144.291 to 144.298 or to furnish a complementary and alternative
health care client record or report required by law.
(n) Splitting fees or promising to pay a portion of a fee to any other professional other
than for services rendered by the other professional to the complementary and alternative
health care client.
(o) Engaging in abusive or fraudulent billing practices, including violations of the federal
Medicare and Medicaid laws or state medical assistance laws.
(p) Failure to make reports as required by section 146A.03 or cooperate with an
investigation of the office.
(q) Obtaining money, property, or services from a complementary and alternative health
care client, other than reasonable fees for services provided to the client, through the use
of undue influence, harassment, duress, deception, or fraud.
(r) Failure to provide a complementary and alternative health care client with a copy of
the client bill of rights or violation of any provision of the client bill of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules
adopted under those sections.
(u) Failure to comply with any additional disciplinary grounds established by the
commissioner by rule.
(v) Revocation, suspension, restriction, limitation, or other disciplinary action against
any health care license, certificate, registration, or right to practice of the unlicensed
complementary and alternative health care practitioner in this or another state or jurisdiction
for offenses that would be subject to disciplinary action in this state or failure to report to
the office that charges regarding the practitioner's license, certificate, registration, or right
of practice have been brought in this or another state or jurisdiction.
(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any
other words, letters, or insignia to describe the complementary and alternative health care
practices the practitioner provides.
(x) Failure to provide a complementary and alternative health care client with a
recommendation that the client see a health care provider who is licensed or registered by
a health-related licensing board or the commissioner of health, if there is a reasonable
likelihood that the client needs to be seen by a licensed or registered health care provider.
Sec. 4.
Minnesota Statutes 2022, section 244.17, subdivision 3, is amended to read:
Subd. 3.
Offenders not eligible.
(a) The following offenders are not eligible to be placed
in the challenge incarceration program:
(1) offenders who are committed to the commissioner's custody following a conviction
for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery,new text begin carjacking,new text end
arson, or any other offense involving death or intentional personal injury;
(2) offenders who were convicted within the preceding ten years of an offense described
in clause (1) and were committed to the custody of the commissioner;
(3) offenders who have been convicted or adjudicated delinquent within the past five
years for a violation of section 609.485;
(4) offenders who are committed to the commissioner's custody for an offense that
requires registration under section 243.166;
(5) offenders who are the subject of a current arrest warrant or detainer;
(6) offenders who have fewer than 180 days remaining until their supervised release
date;
(7) offenders who have had disciplinary confinement time added to their sentence or
who have been placed in segregation, unless 90 days have elapsed from the imposition of
the additional disciplinary confinement time or the last day of segregation;
(8) offenders who have received a suspended formal disciplinary sanction, unless the
suspension has expired;
(9) offenders whose governing sentence is for an offense from another state or the United
States; and
(10) offenders who have a medical condition included on the list of ineligible conditions
described in paragraph (b).
(b) The commissioner of corrections shall develop a list of medical conditions that will
disqualify an offender from participating in the challenge incarceration program. The
commissioner shall submit the list and any changes to it to the chairs and ranking minority
members of the senate and house committees having jurisdiction over criminal justice policy
and funding.
Sec. 5.
Minnesota Statutes 2022, section 245C.15, subdivision 1, is amended to read:
Subdivision 1.
Permanent disqualification.
(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
the level of the offense, the individual has committed any of the following offenses: sections
243.166 (violation of predatory offender registration law); 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); new text begin 609.247,
subdivision 2 or 3 (carjacking in the first or second degree); new text end 609.25 (kidnapping); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.322
(solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other
prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual
extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest);
a felony offense under 609.377 (malicious punishment of a child); a felony offense under
609.378 (neglect or endangerment of a child); 609.561 (arson in the first degree); 609.66,
subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment
or stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility);
617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving
a minor); 617.246 (use of minors in sexual performance prohibited); 617.247 (possession
of pictorial representations of minors); or, for a child care background study subject,
conviction of a crime that would make the individual ineligible for employment under
United States Code, title 42, section 9858f, except for a felony drug conviction, regardless
of whether a period of disqualification under subdivisions 2 to 4, would apply if the individual
were not a child care background study subject.
(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.
(c) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
the individual under section 245C.14.
(d) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(e) If the individual studied commits one of the offenses listed in paragraph (a) that is
specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.
(f) A child care background study subject shall be disqualified if the individual is
registered, or required to be registered, on a state sex offender registry or repository or the
National Sex Offender Registry.
Sec. 6.
Minnesota Statutes 2022, section 245C.15, subdivision 2, is amended to read:
Subd. 2.
15-year disqualification.
(a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.165 (felon ineligible to
possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury);
609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses
under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a
gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of
a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); new text begin 609.247, subdivision 4 (carjacking in the third degree); new text end 609.255 (false
imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child
in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268
(injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535
(issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in
the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
(insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous
weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration);
609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat
offenses under 617.241 (obscene materials and performances; distribution and exhibition
prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs;
controlled substance); or Minnesota Statutes 2012, section 609.21; or a felony-level
conviction involving alcohol or drug use.
(b) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or subdivision 3.
(d) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a).
(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 7.
Minnesota Statutes 2022, section 245C.15, subdivision 4a, is amended to read:
Subd. 4a.
Licensed family foster setting disqualifications.
(a) Notwithstanding
subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
regardless of how much time has passed, an individual is disqualified under section 245C.14
if the individual committed an act that resulted in a felony-level conviction for sections:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
(aggravated robbery);new text begin 609.247, subdivision 2 or 3 (carjacking in the first or second degree);new text end
609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.268 (injury or death of an unborn child in the commission of a
crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex
trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,
hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct
in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory
conduct); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious
punishment of a child); 609.378 (neglect or endangerment of a child); 609.561 (arson in
the first degree); 609.582, subdivision 1 (burglary in the first degree); 609.746 (interference
with privacy); 617.23 (indecent exposure); 617.246 (use of minors in sexual performance
prohibited); or 617.247 (possession of pictorial representations of minors).
(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:
(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20;
(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);
(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or
(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).
(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
years have passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights. An individual is disqualified under section 245C.14
if fewer than 20 years have passed since the termination of the individual's parental rights
in any other state or country, where the conditions for the individual's termination of parental
rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
(b).
(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than five
years have passed since a felony-level violation for sections: 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision
6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies
prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;
prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related
crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while
impaired); 243.166 (violation of predatory offender registration requirements); 609.2113
(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn
child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal
neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);new text begin
609.247, subdivision 4 (carjacking in the third degree);new text end 609.322, subdivision 1a (solicitation,
inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498,
subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b
(aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563
(arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66
(felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749,
subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting
at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).
(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if fewer than five years have passed since:
(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);
(2) a violation of an order for protection under section 518B.01, subdivision 14;
(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;
(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;
(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).
(f) For purposes of this subdivision, the disqualification begins from:
(1) the date of the alleged violation, if the individual was not convicted;
(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or
(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.
Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.
(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).
(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).
Sec. 8.
Minnesota Statutes 2022, section 245C.24, subdivision 3, is amended to read:
Subd. 3.
Ten-year bar to set aside disqualification.
(a) The commissioner may not set
aside the disqualification of an individual in connection with a license to provide family
child care for children or foster care or day care services for adults in the provider's home
if: (1) less than ten years has passed since the discharge of the sentence imposed, if any, for
the offense; or (2) when disqualified based on a preponderance of evidence determination
under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under
section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed
since the individual committed the act or admitted to committing the act, whichever is later;
and (3) the individual has committed a violation of any of the following offenses: sections
609.165 (felon ineligible to possess firearm); criminal vehicular homicide or criminal
vehicular operation causing death under 609.2112, 609.2113, or 609.2114 (criminal vehicular
homicide or injury); 609.215 (aiding suicide or aiding attempted suicide); felony violations
under 609.223 or 609.2231 (assault in the third or fourth degree); 609.229 (crimes committed
for benefit of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to
facilitate crime); 609.24 (simple robbery);new text begin 609.247, subdivision 4 (carjacking in the third
degree);new text end 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous
weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns);
609.749, subdivision 2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled
substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or
subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024,
subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree);
609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable
adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in
the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first,
second, or third degree); 609.268 (injury or death of an unborn child in the commission of
a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or
displaying harmful material to minors); a felony-level conviction involving alcohol or drug
use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a
gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross
misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision
3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess
firearms); or Minnesota Statutes 2012, section 609.21.
(b) The commissioner may not set aside the disqualification of an individual if less than
ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a) as each of these offenses is defined in
Minnesota Statutes.
(c) The commissioner may not set aside the disqualification of an individual if less than
ten years have passed since the discharge of the sentence imposed for an offense in any
other state or country, the elements of which are substantially similar to the elements of any
of the offenses listed in paragraph (a).
Sec. 9.
Minnesota Statutes 2022, section 253B.02, subdivision 4e, is amended to read:
Subd. 4e.
Crime against the person.
"Crime against the person" means a violation of
or attempt to violate any of the following provisions: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.221
(assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the
third degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325
(criminal abuse); 609.233 (criminal neglect); 609.2335 (financial exploitation of a vulnerable
adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245
(aggravated robbery);new text begin 609.247 (carjacking);new text end 609.25 (kidnapping); 609.255 (false
imprisonment); 609.265 (abduction); 609.27, subdivision 1, clause (1) or (2) (coercion);
609.28 (interfering with religious observance) if violence or threats of violence were used;
609.322, subdivision 1, paragraph (a), clause (2) (solicitation); 609.342 (criminal sexual
conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth
degree); 609.3458 (sexual extortion); 609.365 (incest); 609.498, subdivision 1 (tampering
with a witness); 609.50, clause (1) (obstructing legal process, arrest, and firefighting);
609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.595 (damage
to property); and 609.72, subdivision 3 (disorderly conduct by a caregiver); and Minnesota
Statutes 2012, section 609.21.
Sec. 10.
Minnesota Statutes 2022, section 253D.02, subdivision 8, is amended to read:
Subd. 8.
Harmful sexual conduct.
(a) "Harmful sexual conduct" means sexual conduct
that creates a substantial likelihood of serious physical or emotional harm to another.
(b) There is a rebuttable presumption that conduct described in the following provisions
creates a substantial likelihood that a victim will suffer serious physical or emotional harm:
section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345
(criminal sexual conduct in the fourth degree), or 609.3458 (sexual extortion). If the conduct
was motivated by the person's sexual impulses or was part of a pattern of behavior that had
criminal sexual conduct as a goal, the presumption also applies to conduct described in
section 609.185 (murder in the first degree), 609.19 (murder in the second degree), 609.195
(murder in the third degree), 609.20 (manslaughter in the first degree), 609.205 (manslaughter
in the second degree), 609.221 (assault in the first degree), 609.222 (assault in the second
degree), 609.223 (assault in the third degree), 609.24 (simple robbery), 609.245 (aggravated
robbery),new text begin 609.247 (carjacking),new text end 609.25 (kidnapping), 609.255 (false imprisonment), 609.365
(incest), 609.498 (tampering with a witness), 609.561 (arson in the first degree), 609.582,
subdivision 1 (burglary in the first degree), 609.713 (terroristic threats), or 609.749,
subdivision 3 or 5 (harassment or stalking).
Sec. 11.
Minnesota Statutes 2022, section 260B.171, subdivision 3, is amended to read:
Subd. 3.
Disposition order; copy to school.
(a) If a juvenile is enrolled in school, the
juvenile's probation officer shall ensure that either a mailed notice or an electronic copy of
the court's disposition order be transmitted to the superintendent of the juvenile's school
district or the chief administrative officer of the juvenile's school if the juvenile has been
adjudicated delinquent for committing an act on the school's property or an act:
(1) that would be a violation of section 609.185 (first-degree murder); 609.19
(second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular
homicide or injury); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223
(third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated robbery);new text begin
609.247 (carjacking);new text end 609.25 (kidnapping); 609.255 (false imprisonment); 609.342
(first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual
conduct); 609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a
witness); 609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713
(terroristic threats); or 609.749 (harassment or stalking), if committed by an adult; or
Minnesota Statutes 2012, section 609.21;
(2) that would be a violation of section 152.021 (first-degree controlled substance crime);
152.022 (second-degree controlled substance crime); 152.023 (third-degree controlled
substance crime); 152.024 (fourth-degree controlled substance crime); 152.025 (fifth-degree
controlled substance crime); 152.0261 (importing a controlled substance); 152.0262
(possession of substances with intent to manufacture methamphetamine); or 152.027 (other
controlled substance offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous weapon as defined in section
609.02, subdivision 6.
When a disposition order is transmitted under this subdivision, the probation officer
shall notify the juvenile's parent or legal guardian that the disposition order has been shared
with the juvenile's school.
(b) In addition, the juvenile's probation officer may transmit a copy of the court's
disposition order to the superintendent of the juvenile's school district or the chief
administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent
for offenses not listed in paragraph (a) and placed on probation. The probation officer shall
notify the superintendent or chief administrative officer when the juvenile is discharged
from probation.
(c) The disposition order must be accompanied by a notice to the school that the school
may obtain additional information from the juvenile's probation officer with the consent of
the juvenile or the juvenile's parents, as applicable. The disposition order must be maintained,
shared, or released only as provided in section 121A.75.
(d) The juvenile's probation officer shall maintain a record of disposition orders released
under this subdivision and the basis for the release.
(e) No later than September 1, 2002, the criminal and juvenile justice information policy
group, in consultation with representatives of probation officers and educators, shall prepare
standard forms for use by juvenile probation officers in forwarding information to schools
under this subdivision and in maintaining a record of the information that is released. The
group shall provide a copy of any forms or procedures developed under this paragraph to
the legislature by January 15, 2003.
(f) As used in this subdivision, "school" means a charter school or a school as defined
in section 120A.22, subdivision 4, except a home school.
Sec. 12.
Minnesota Statutes 2022, section 299A.296, subdivision 2, is amended to read:
Subd. 2.
Grant procedure.
(a) A local unit of government or a nonprofit
community-based entity may apply for a grant by submitting an application with the
commissioner. The applicant shall specify the following in its application:
(1) a description of each program for which funding is sought;
(2) outcomes and performance indicators for the program;
(3) a description of the planning process that identifies local community needs, surveys
existing programs, provides for coordination with existing programs, and involves all affected
sectors of the community;
(4) the geographical area to be served by the program;
(5) statistical information as to the number of arrests in the geographical area for violent
crimes and for crimes involving Schedule I and II controlled substances. "Violent crime"
includes a violation of or an attempt or conspiracy to violate any of the following laws:
sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221;
609.222; 609.223; 609.228; 609.235; 609.24; 609.245;new text begin 609.247;new text end 609.25; 609.255; 609.2661;
609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343;
609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1;
609.687; or any provision of chapter 152 that is punishable by a maximum sentence greater
than ten years; or Minnesota Statutes 2012, section 609.21; and
(6) the number of economically disadvantaged youth in the geographical areas to be
served by the program.
(b) The commissioner shall give priority to funding community-based collaboratives,
programs that demonstrate substantial involvement by members of the community served
by the program and programs that either serve the geographical areas that have the highest
crime rates, as measured by the data supplied under paragraph (a), clause (5), or serve
geographical areas that have the largest concentrations of economically disadvantaged youth.
Up to 2.5 percent of the appropriation may be used by the commissioner to administer the
program.
Sec. 13.
Minnesota Statutes 2022, section 299C.105, subdivision 1, is amended to read:
Subdivision 1.
Required collection of biological specimen for DNA testing.
(a) Sheriffs,
peace officers, and community corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis
as defined in section 299C.155, of the following:
(1) persons who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or persons having been convicted of or attempting
to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 deleted text begin ordeleted text end new text begin ,new text end aggravated robbery under section 609.245new text begin , or
carjacking under section 609.247new text end ;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or
(3) juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or juveniles having been adjudicated delinquent
for committing or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 deleted text begin ordeleted text end new text begin ,new text end aggravated robbery under section 609.245new text begin , or
carjacking under section 609.247new text end ;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
the biological specimen required under paragraph (a) must be forwarded to the bureau in
such a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological
specimen is taken on a person described in paragraph (a).
Sec. 14.
Minnesota Statutes 2022, section 299C.67, subdivision 2, is amended to read:
Subd. 2.
Background check crime.
"Background check crime" means:
(a)(1) a felony violation of section 609.185 (first-degree murder); 609.19 (second-degree
murder); 609.20 (first-degree manslaughter); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.25 (kidnapping); 609.342
(first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual
conduct); 609.3458 (sexual extortion); 609.561 (first-degree arson); or 609.749 (harassment
or stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause
(1) or an attempt under clause (2) in this state; or
(b)(1) a felony violation of section 609.195 (third-degree murder); 609.205
(second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide
or injury); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.24 (simple
robbery); 609.245 (aggravated robbery);new text begin 609.247 (carjacking);new text end 609.255 (false imprisonment);
609.52 (theft); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or a
nonfelony violation of section 609.749 (harassment); or Minnesota Statutes 2012, section
609.21;
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause
(1) or an attempt under clause (2) in this state.
Sec. 15.
Minnesota Statutes 2022, section 326.3381, subdivision 3, is amended to read:
Subd. 3.
Disqualification.
No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United
States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault;
theft; larceny; burglary; robbery;new text begin carjacking;new text end unlawful entry; extortion; defamation; buying
or receiving stolen property; using, possessing, manufacturing, or carrying weapons
unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; possession,
production, sale, or distribution of narcotics unlawfully; or (iii) in any other country of acts
which, if done in Minnesota, would be a felony or would be any of the other offenses
provided in this clause and for which a full pardon or similar relief has not been granted;
(2) made any false statement in an application for a license or any document required
to be submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
Sec. 16.
Minnesota Statutes 2022, section 609.1095, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245;new text begin 609.247;new text end 609.25;
609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562;
609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any
provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable
by a felony penalty; or any provision of chapter 152 that is punishable by a maximum
sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.
Sec. 17.
Minnesota Statutes 2022, section 609.11, subdivision 9, is amended to read:
Subd. 9.
Applicable offenses.
The crimes for which mandatory minimum sentences
shall be served as provided in this section are: murder in the first, second, or third degree;
assault in the first, second, or third degree; burglary; kidnapping; false imprisonment;
manslaughter in the first or second degree; aggravated robbery; simple robbery;new text begin carjacking
in the first, second, or third degree;new text end first-degree or aggravated first-degree witness tampering;
criminal sexual conduct under the circumstances described in sections 609.342, subdivision
1, and subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, and subdivision 1a,
clauses (a) to (f) and (i); and 609.344, subdivision 1, clauses (a) to (c) and (d), under the
conditions described in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii),
and subdivision 1a, clauses (a) to (e), (h), and (i), under the conditions described in section
609.341, subdivision 24, clause (2), item (i), (ii), or (iii); escape from custody; arson in the
first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e;
harassment under section 609.749, subdivision 3, paragraph (a), clause (3); possession or
other unlawful use of a firearm or ammunition in violation of section 609.165, subdivision
1b, or 624.713, subdivision 1, clause (2), a felony violation of chapter 152; or any attempt
to commit any of these offenses.
Sec. 18.
Minnesota Statutes 2022, section 609.185, is amended to read:
609.185 MURDER IN THE FIRST DEGREE.
(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery,new text begin carjacking
in the first or second degree,new text end kidnapping, arson in the first or second degree, a drive-by
shooting, tampering with a witness in the first degree, escape from custody, or any felony
violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or
(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.
(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 2, paragraph (c), clause (4).
(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 2, paragraph (c), clause (5).
(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and
(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).
(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.
Sec. 19.
Minnesota Statutes 2022, section 609.2661, is amended to read:
609.2661 MURDER OF UNBORN CHILD IN THE FIRST DEGREE.
Whoever does any of the following is guilty of murder of an unborn child in the first
degree and must be sentenced to imprisonment for life:
(1) causes the death of an unborn child with premeditation and with intent to effect the
death of the unborn child or of another;
(2) causes the death of an unborn child while committing or attempting to commit
criminal sexual conduct in the first or second degree with force or violence, either upon or
affecting the mother of the unborn child or another; or
(3) causes the death of an unborn child with intent to effect the death of the unborn child
or another while committing or attempting to commit burglary, aggravated robbery,new text begin
carjacking in the first or second degree,new text end kidnapping, arson in the first or second degree,
tampering with a witness in the first degree, or escape from custody.
Sec. 20.
Minnesota Statutes 2022, section 609.341, subdivision 22, is amended to read:
Subd. 22.
Predatory crime.
"Predatory crime" means a felony violation of section
609.185 (first-degree murder), 609.19 (second-degree murder), 609.195 (third-degree
murder), 609.20 (first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221
(first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree assault),
609.24 (simple robbery), 609.245 (aggravated robbery),new text begin 609.247 (carjacking),new text end 609.25
(kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness), 609.561
(first-degree arson), or 609.582, subdivision 1 (first-degree burglary).
Sec. 21.
Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Subd. 3.
Sentence.
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.247;new text end 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
the United States, or a foreign jurisdiction, in conformity with any of those sections, and
the person received a felony or gross misdemeanor sentence for the offense, or a sentence
that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
Sec. 22.
Minnesota Statutes 2022, section 609.526, subdivision 2, is amended to read:
Subd. 2.
Crime described.
Any precious metal dealer or scrap metal dealer or any person
employed by a dealer, who receives, possesses, transfers, buys, or conceals any stolen
property or property obtained by robberynew text begin or carjackingnew text end , knowing or having reason to know
the property was stolen or obtained by robberynew text begin or carjackingnew text end , may be sentenced as follows:
(1) if the value of the property received, bought, or concealed is $1,000 or more, to
imprisonment for not more than ten years or to payment of a fine of not more than $50,000,
or both;
(2) if the value of the property received, bought, or concealed is less than $1,000 but
more than $500, to imprisonment for not more than three years or to payment of a fine of
not more than $25,000, or both;
(3) if the value of the property received, bought, or concealed is $500 or less, to
imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both.
Any person convicted of violating this section a second or subsequent time within a
period of one year may be sentenced as provided in clause (1).
Sec. 23.
Minnesota Statutes 2022, section 609.531, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department
of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District
Department of Public Safety, the Department of Natural Resources Division of Enforcement,
the University of Minnesota Police Department, the Department of Corrections Fugitive
Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22;
and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245;new text begin 609.247;new text end
609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a,
clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i);
609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision
1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section
609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.
Sec. 24.
Minnesota Statutes 2022, section 609.631, subdivision 4, is amended to read:
Subd. 4.
Sentencing.
A person who is convicted under subdivision 2 or 3 may be
sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,
property or services of more than $35,000 or the aggregate amount of the forged check or
checks is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,
property or services of more than $2,500 or the aggregate amount of the forged check or
checks is more than $2,500;
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if:
(a) the forged check or checks are used to obtain or in an attempt to obtain, property or
services of more than $250 but not more than $2,500, or the aggregate face amount of the
forged check or checks is more than $250 but not more than $2,500; or
(b) the forged check or checks are used to obtain or in an attempt to obtain, property or
services of no more than $250, or have an aggregate face value of no more than $250, and
the person has been convicted within the preceding five years for an offense under this
section, section 609.24; 609.245;new text begin 609.247;new text end 609.52; 609.53; 609.582, subdivision 1, 2, or 3;
609.625; 609.63; or 609.821, or a statute from another state in conformity with any of those
sections, and the person received a felony or gross misdemeanor sentence for the offense,
or a sentence that was stayed under section 609.135 if the offense to which a plea was
entered would allow imposition of a felony or gross misdemeanor sentence; and
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,
property or services of no more than $250, or the aggregate face amount of the forged check
or checks is no more than $250.
In any prosecution under this subdivision, the value of the checks forged or offered by
the defendant in violation of this subdivision within any six-month period may be aggregated
and the defendant charged accordingly in applying the provisions of this section. When two
or more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the checks was forged or offered for all
of the offenses aggregated under this paragraph.
Sec. 25.
Minnesota Statutes 2022, section 609.632, subdivision 4, is amended to read:
Subd. 4.
Penalty.
(a) A person who is convicted of violating subdivision 1 or 2 may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both.
(b) A person who is convicted of violating subdivision 3 may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $35,000, or the aggregate face value of
the counterfeited item is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property
or services having a value of more than $5,000, or the aggregate face value of the
counterfeited item is more than $5,000;
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if:
(i) the counterfeited item is used to obtain or in an attempt to obtain property or services
having a value of more than $1,000 or the aggregate face value of the counterfeited item is
more than $1,000; or
(ii) the counterfeited item is used to obtain or in an attempt to obtain property or services
having a value of no more than $1,000, or the aggregate face value of the counterfeited item
is no more than $1,000, and the person has been convicted within the preceding five years
for an offense under this section, section 609.24; 609.245;new text begin 609.247;new text end 609.52; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from another state or the
United States in conformity with any of those sections, and the person received a felony or
gross misdemeanor sentence for the offense, or a sentence that was stayed under section
609.135 if the offense to which a plea was entered would allow the imposition of a felony
or gross misdemeanor sentence; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property
or services having a value of no more than $1,000, or the aggregate face value of the
counterfeited item is no more than $1,000.
Sec. 26.
Minnesota Statutes 2022, section 609.821, subdivision 3, is amended to read:
Subd. 3.
Sentence.
(a) A person who commits financial transaction card fraud may be
sentenced as follows:
(1) for a violation of subdivision 2, clause (1), (2), (5), (8), or (9):
(i) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the value of the property the person obtained or attempted to obtain
was more than $35,000, or the aggregate amount of the transactions under this subdivision
was more than $35,000; or
(ii) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property the person obtained or attempted to obtain was
more than $2,500, or the aggregate amount of the transactions under this subdivision was
more than $2,500; or
(iii) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the property the person obtained or attempted to obtain
was more than $250 but not more than $2,500, or the aggregate amount of the transactions
under this subdivision was more than $250 but not more than $2,500; or
(iv) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the property the person obtained or attempted to obtain
was not more than $250, or the aggregate amount of the transactions under this subdivision
was not more than $250, and the person has previously been convicted within the preceding
five years for an offense under this section, section 609.24; 609.245;new text begin 609.247;new text end 609.52;
609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute from
another state in conformity with any of those sections, and the person received a felony or
gross misdemeanor sentence for the offense, or a sentence that was stayed under section
609.135 if the offense to which a plea was entered would allow imposition of a felony or
gross misdemeanor sentence; or
(v) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property the person obtained or attempted to obtain was
not more than $250, or the aggregate amount of the transactions under this subdivision was
not more than $250;
(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both; or
(3) for a violation of subdivision 2, clause (6) or (7):
(i) if no property, other than a financial transaction card, has been obtained by the
defendant by means of the false statement or false report, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both; or
(ii) if property, other than a financial transaction card, is so obtained, in the manner
provided in clause (1).
(b) In any prosecution under paragraph (a), clause (1), the value of the transactions made
or attempted within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section. When two or more offenses are
committed by the same person in two or more counties, the accused may be prosecuted in
any county in which one of the card transactions occurred for all of the transactions
aggregated under this paragraph.
Sec. 27.
Minnesota Statutes 2022, section 609B.161, is amended to read:
609B.161 PRIVATE DETECTIVE OR PROTECTIVE AGENT BUSINESS
LICENSE; DISQUALIFICATION.
Under section 326.3381, a person is disqualified from holding a private detective or
protective agent business license if that person has been convicted of:
(1) a felony by the courts of this or any other state or of the United States;
(2) acts which, if committed in Minnesota, would be criminal sexual conduct; assault;
theft; larceny; burglary; robbery;new text begin carjacking;new text end unlawful entry; extortion; defamation; buying
or receiving stolen property; using, possessing, manufacturing, or carrying weapons
unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; or possession,
production, sale, or distribution of narcotics unlawfully; or
(3) acts in any other country which, if committed in Minnesota, would be a felony or
considered as any of the other offenses listed in clause (2) and for which a full pardon or
similar relief has not been granted.
Sec. 28.
Minnesota Statutes 2022, section 611A.031, is amended to read:
611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION.
A prosecutor shall make every reasonable effort to notify and seek input from the victim
prior to referring a person into a pretrial diversion program in lieu of prosecution for a
violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223,
609.224, 609.2242, 609.24, 609.245,new text begin 609.247,new text end 609.25, 609.255, 609.342, 609.343, 609.344,
609.345, 609.365, 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 609.749.
Sec. 29.
Minnesota Statutes 2022, section 611A.036, subdivision 7, is amended to read:
Subd. 7.
Definition.
As used in this section, "violent crime" means a violation or attempt
to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114
(criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault);
609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse);
609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24
(simple robbery); 609.245 (aggravated robbery);new text begin 609.247 (carjacking);new text end 609.25 (kidnapping);
609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268
(injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking);
609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual
conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352
(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 (arson in the
first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c) (burglary in the first
degree; occupied dwelling or involving an assault); 609.66, subdivision 1e, paragraph (b)
(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle);
or 609.749, subdivision 2 (harassment); or Minnesota Statutes 2012, section 609.21.
Sec. 30.
Minnesota Statutes 2022, section 611A.08, subdivision 6, is amended to read:
Subd. 6.
Violent crime; definition.
For purposes of this section, "violent crime" means
an offense named in sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245;new text begin 609.247;new text end 609.25; 609.255; 609.342; 609.343; 609.344;
609.345; 609.3458; 609.561; 609.562; 609.563; and 609.582, or an attempt to commit any
of these offenses. "Violent crime" includes crimes in other states or jurisdictions which
would have been within the definition set forth in this subdivision if they had been committed
in this state.
Sec. 31.
Minnesota Statutes 2022, section 624.712, subdivision 5, is amended to read:
Subd. 5.
Crime of violence.
"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery);new text begin 609.247 (carjacking);new text end 609.25 (kidnapping); 609.255 (false imprisonment); 609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an
attempt to commit any of these offenses.
Sec. 32.
Minnesota Statutes 2022, section 626A.05, subdivision 2, is amended to read:
Subd. 2.
Offenses for which interception of wire or oral communication may be
authorized.
A warrant authorizing interception of wire, electronic, or oral communications
by investigative or law enforcement officers may only be issued when the interception may
provide evidence of the commission of, or of an attempt or conspiracy to commit, any of
the following offenses:
(1) a felony offense involving murder, manslaughter, assault in the first, second, and
third degrees, aggravated robbery,new text begin carjacking in the first or second degree,new text end kidnapping,
criminal sexual conduct in the first, second, and third degrees, prostitution, bribery, perjury,
escape from custody, theft, receiving stolen property, embezzlement, burglary in the first,
second, and third degrees, forgery, aggravated forgery, check forgery, or financial transaction
card fraud, as punishable under sections 609.185, 609.19, 609.195, 609.20, 609.221, 609.222,
609.223, 609.2231, 609.245,new text begin 609.247, subdivision 2 or 3,new text end 609.25, 609.321 to 609.324,
609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause
(1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.821, and 609.825;
(2) an offense relating to gambling or controlled substances, as punishable under section
609.76 or chapter 152; or
(3) an offense relating to restraint of trade defined in section 325D.53, subdivision 1 or
2, as punishable under section 325D.56, subdivision 2.
Sec. 33.
Minnesota Statutes 2022, section 629.361, is amended to read:
629.361 PEACE OFFICERS RESPONSIBLE FOR CUSTODY OF STOLEN
PROPERTY.
A peace officer arresting a person charged with committing or aiding in the committing
of a robbery, aggravated robbery,new text begin carjacking,new text end or theft shall use reasonable diligence to secure
the property alleged to have been stolen. After seizure of the property, the officer shall be
answerable for it while it remains in the officer's custody. The officer shall annex a schedule
of the property to the return of the warrant. Upon request of the county attorney, the law
enforcement agency that has custody of the property alleged to have been stolen shall deliver
the property to the custody of the county attorney for use as evidence at an omnibus hearing
or at trial. The county attorney shall make a receipt for the property and be responsible for
the property while it is in the county attorney's custody. When the offender is convicted,
whoever has custody of the property shall turn it over to the owner.
Sec. 34. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective August 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: S2909-4
152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.
(a) It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this section is a petty misdemeanor.
(b) A person who violates paragraph (a) and has previously violated paragraph (a) on two or more occasions has committed a crime and may be sentenced to imprisonment for up to 90 days or to payment of a fine up to $1,000, or both.
241.272 FEE COLLECTION.
Subdivision 1.
Definition.
(a) As used in this section, the following terms have the meanings given them.
(b) "Correctional fees" include fees for the following correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court-ordered investigations; or
(5) any other service provided by a probation officer or parole agency for offenders supervised by the commissioner of corrections.
(c) "Probation" has the meaning given in section 609.02, subdivision 15.
(d) "Supervised release" has the meaning given in section 244.01, subdivision 7.
Subd. 2.
Correctional fees established.
To defray costs associated with correctional services, the commissioner of corrections may establish a schedule of correctional fees to charge persons convicted of a crime and supervised by the commissioner. The correctional fees on the schedule must be reasonably related to offenders' abilities to pay and the actual cost of correctional services.
Subd. 3.
Fee collection.
(a) The commissioner of corrections may impose and collect fees from individuals on probation and supervised release at any time while the offender is under sentence or after the sentence has been discharged.
(b) The commissioner may use any available civil means of debt collection in collecting a correctional fee.
Subd. 4.
Exemption from fee.
The commissioner of corrections may waive payment of the fee if the commissioner determines that the offender does not have the ability to pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the commissioner may require the offender to perform community work service as a means of paying the fee.
Subd. 5.
Restitution payment priority.
If an offender has been ordered by a court to pay restitution, the offender shall be obligated to pay the restitution ordered before paying the correctional fee. However, if the offender is making reasonable payments to satisfy the restitution obligation, the commissioner may also collect a correctional fee.
Subd. 6.
Use of fees.
Excluding correctional fees collected from offenders supervised by department agents under the authority of section 244.19, subdivision 1, paragraph (a), clause (3), all correctional fees collected under this section go to the general fund. Fees collected by agents under the authority of section 244.19, subdivision 1, paragraph (a), clause (3), shall go to the county treasurer in the county where supervision is provided. These fees may only be used in accordance with section 244.18, subdivision 6.
Subd. 7.
Annual report.
Beginning January 15, 2001, the commissioner shall submit an annual report on the implementation of this section to the chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy. At a minimum, the report shall include information on the types of correctional services for which fees were imposed, the aggregate amount of fees imposed, and the amount of fees collected.
Subd. 8.
Sex offender treatment fee.
The commissioner of corrections may authorize sex offender treatment providers to charge and collect treatment co-pays from all offenders in their treatment program. The amount of treatment co-pay assessed to each offender is based upon a fee schedule approved by the commissioner. Fees collected under this authority are used by the treatment provider to fund the cost of treatment.
244.14 INTENSIVE COMMUNITY SUPERVISION; BASIC ELEMENTS.
Subdivision 1.
Requirements.
This section governs the intensive community supervision programs established under section 244.13. The commissioner shall operate the programs in conformance with this section. The commissioner shall administer the programs to further the following goals:
(1) to punish the offender;
(2) to protect the safety of the public;
(3) to facilitate employment of the offender during the intensive community supervision and afterward; and
(4) to require the payment of restitution ordered by the court to compensate the victims of the offender's crime.
Subd. 2.
Good time not available.
An offender serving a sentence on intensive community supervision for a crime committed before August 1, 1993, does not earn good time, notwithstanding section 244.04.
Subd. 3.
Sanctions.
The commissioner shall impose severe and meaningful sanctions for violating the conditions of an intensive community supervision program. The commissioner shall provide for revocation of intensive community supervision of an offender who:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of alcohol or controlled substances. The revocation of intensive community supervision is governed by the procedures in the commissioner's rules adopted under section 244.05, subdivision 2.
An offender whose intensive community supervision is revoked shall be imprisoned for a time period equal to the offender's term of imprisonment, but in no case for longer than the time remaining in the offender's sentence. "Term of imprisonment" means a time period equal to two-thirds of the sentence originally executed by the sentencing court, minus jail credit, if any.
Subd. 4.
All phases.
Throughout all phases of an intensive community supervision program, the offender shall submit at any time to an unannounced search of the offender's person, vehicle, or premises by an intensive supervision agent. If the offender received a restitution order as part of the sentence, the offender shall make weekly payments as scheduled by the agent until the full amount is paid.
244.15 INTENSIVE COMMUNITY SUPERVISION; PHASES I TO IV.
Subdivision 1.
Duration.
Phase I of an intensive community supervision program is six months, or one-half the time remaining in the offender's term of imprisonment, whichever is less. Phase II lasts for at least one-third of the time remaining in the offender's term of imprisonment at the beginning of phase II. Phase III lasts for at least one-third of the time remaining in the offender's term of imprisonment at the beginning of phase III. Phase IV continues until the commissioner determines that the offender has successfully completed the program or until the offender's sentence, minus jail credit, expires, whichever occurs first. If an offender successfully completes the intensive community supervision program before the offender's sentence expires, the offender shall be placed on supervised release for the remainder of the sentence.
Subd. 2.
Random drug testing.
(a) During phase I, the offender will be subjected at least weekly to urinalysis and breath tests to detect the presence of controlled substances or alcohol. The tests will be random and unannounced.
(b) During phase II, the tests will be done at least twice monthly.
(c) During phases III and IV, the tests will be done at random at the frequency determined by the intensive supervision agent.
Subd. 3.
House arrest.
(a) During phase I, the offender will be under house arrest in a residence approved by the offender's intensive supervision agent and may not move to another residence without permission. "House arrest" means that the offender's movements will be severely restricted and continually monitored by the assigned agent.
(b) During phase II, modified house arrest is imposed.
(c) During phases III and IV, the offender is subjected to a daily curfew instead of house arrest.
Subd. 4.
Face-to-face contacts.
(a) During phase I, the assigned intensive supervision agent shall have at least four face-to-face contacts with the offender each week.
(b) During phase II, two face-to-face contacts a week are required.
(c) During phase III, one face-to-face contact a week is required.
(d) During phase IV, two face-to-face contacts a month are required.
(e) When an offender is an inmate of a jail or a resident of a facility which is staffed full time, the assigned agent may reduce face-to-face contacts to one per week during all phases.
Subd. 5.
Work required.
During phases I, II, III, and IV, the offender must spend at least 40 hours a week performing approved work, undertaking constructive activity designed to obtain employment, or attending a treatment or education program as directed by the commissioner. An offender may not spend more than six months in a residential treatment program that does not require the offender to spend at least 40 hours a week performing approved work or undertaking constructive activity designed to obtain employment.
Subd. 6.
Electronic surveillance.
(a) During any phase, the offender may be placed on electronic surveillance if the intensive supervision agent so directs. If electronic surveillance is directed during phase I, the commissioner must require that the inmate be kept in custody, or that the inmate's intensive supervised release agent, or the agent's designee, directly supervise the offender until electronic surveillance is activated.
(b) It is the responsibility of the inmate placed on electronic surveillance to ensure that the inmate's residence is properly equipped and the inmate's telecommunications system is properly configured to support electronic surveillance prior to being released from custody or the direct supervision of an intensive supervised release agent. An inmate who fails to comply with this paragraph may be found in violation of the inmate's conditions of release after a revocation hearing.
Subd. 7.
Other requirements.
The commissioner may include any other conditions in the various phases of the intensive community supervision program that the commissioner finds necessary and appropriate.
244.196 DEFINITIONS.
Subdivision 1.
Definitions.
As used in sections 244.196 to 244.199, the following terms have the meanings given them.
Subd. 3.
Probation violation sanction.
"Probation violation sanction" includes, but is not limited to, electronic monitoring, intensive probation, sentencing to service, reporting to a day reporting center, substance use disorder or mental health treatment or counseling, community work service, remote electronic alcohol monitoring, random drug testing, and participation in an educational or restorative justice program. A probation violation sanction does not include any type of custodial sanction, including, but not limited to, detention and incarceration.
Subd. 4.
Sanctions conference.
"Sanctions conference" means a voluntary conference at which the county probation officer, offender, and, if appropriate, other interested parties meet to discuss the probation violation sanction for the offender's technical violation of probation.
Subd. 5.
Sanctions conference form.
"Sanctions conference form" means a form developed by the chief executive officer of a local corrections agency with the approval of the district court that explains the sanctions conference and the offender's option to elect to participate in the sanctions conference or to proceed to a judicial hearing.
Subd. 6.
Technical violation.
"Technical violation" means any violation of a court order of probation, except an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or petition.
244.22 PROBATION SERVICE PROVIDERS; CASELOAD REDUCTION GRANT MONEY.
(a) The commissioner of corrections shall review the planned expenditures of probation service providers before allocating probation caseload reduction grants appropriated by the legislature. The review must determine whether the planned expenditures comply with applicable law.
(b) In counties where probation services are provided by both county and Department of Corrections employees, a collaborative plan addressing the local needs shall be developed. The commissioner of corrections shall specify the manner in which probation caseload reduction grant money shall be distributed between the providers according to the approved plan.
244.32 ALTERNATIVES TO INCARCERATION PILOT PROGRAM.
(a) Agencies providing supervision to offenders on probation, parole, or supervised release are eligible for funding to facilitate access to community options including, but not limited to, inpatient substance use disorder treatment for nonviolent controlled substance offenders to address and correct behavior that is, or is likely to result in, a technical violation of the conditions of release. For purposes of this section, "nonviolent controlled substance offender" is a person who meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means a violation of a court order of probation, condition of parole, or condition of supervised release, except an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or petition.
(b) The Department of Corrections shall issue annual funding of $160,000 to each recipient.
(c) The commissioner of corrections shall submit an annual report to the chairs of the house of representatives and senate committees with jurisdiction over public safety policy and finance by January 15 of each year. At a minimum, the report must include:
(1) the community services accessed as a result of the funding;
(2) a summary of the type of supervision offenders were under when funding was used to help access a community option;
(3) the number of individuals who completed, and the number who failed to complete, programs accessed as a result of this funding;
(4) the number of individuals who violated the terms of release following participation in a program accessed as a result of this funding, separating technical violations and new criminal offenses;
(5) the number of individuals who completed or were discharged from probation after participating in the program;
(6) the number of individuals identified in clause (5) who committed a new offense after discharge from the program;
(7) identification of barriers nonviolent controlled substance offenders face in accessing community services and a description of how the program navigates those barriers; and
(8) identification of gaps in existing community services for nonviolent controlled substance offenders.
299C.80 INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
Subd. 7.
Expiration.
The independent Use of Force Investigations Unit expires August 1, 2024.
346.02 FINDER TO GIVE NOTICE; PENALTY.
A person who finds an estray and knows who owns it shall notify the owner within seven days after finding the estray and request the owner to pay all reasonable charges and take such estray away. A finder who does not know who owns the estray shall within ten days file a notice with the town clerk. The clerk shall transmit a copy thereof to the county recorder, who shall record the same in a book designated "estray book." The finder shall give posted notice of the finding of the estray in said town. The notice shall briefly describe the estray, giving its marks, natural and artificial, as nearly as practicable, naming the residence of the finder, and specifying the town, section, and time when taken up. For failure to give such notice, the finder shall be liable to the owner of the estray in double the amount of damages sustained by the owner thereby.
363A.20 EXEMPTION BASED ON EMPLOYMENT.
Subd. 3.
Nonpublic service organization.
The provisions of section 363A.08 shall not apply to a nonpublic service organization whose primary function is providing occasional services to minors, such as youth sports organizations, scouting organizations, boys' or girls' clubs, programs providing friends, counselors, or role models for minors, youth theater, dance, music or artistic organizations, agricultural organizations for minors, including 4-H clubs, and other youth organizations, with respect to qualifications of employees or volunteers based on sexual orientation.
363A.27 CONSTRUCTION OF LAW.
Nothing in this chapter shall be construed to:
(1) mean the state of Minnesota condones homosexuality or bisexuality or any equivalent lifestyle;
(2) authorize or permit the promotion of homosexuality or bisexuality in education institutions or require the teaching in education institutions of homosexuality or bisexuality as an acceptable lifestyle;
(3) authorize or permit the use of numerical goals or quotas, or other types of affirmative action programs, with respect to homosexuality or bisexuality in the administration or enforcement of the provisions of this chapter; or
(4) authorize the recognition of or the right of marriage between persons of the same sex.
401.07 EXISTING SINGLE JURISDICTION COUNTIES OR GROUPS.
In any county or group of counties where correctional services are currently being provided by a single jurisdiction within that county, nothing in sections 401.01 to 401.16 shall be interpreted as requiring a change of authority.
504B.305 NOTICE OF SEIZURE PROVISION.
Landlords shall give written notice to tenants of the provision relating to seizures in section 504B.301. Failure to give such notice does not subject the landlord to criminal or civil liability and is not a defense under section 609.5317, subdivision 3.
504B.341 CONTINUANCE OF TRIAL.
(a) In an eviction action, the court, in its discretion, may grant a continuance of the trial for no more than six days unless all parties consent to longer continuance.
(b) However, in all actions brought under section 504B.285, other than actions on a written lease signed by both parties, the court shall continue the trial as necessary but for no more than three months if the defendant or the defendant's agent or attorney:
(1) states under oath that the defendant cannot proceed to trial because a material witness is not present;
(2) names the witness;
(3) states under oath that the defendant has made due exertion to obtain the witness;
(4) states the belief that if the continuance is allowed the defendant will be able to procure the attendance of the witness at the trial or to obtain the witness's deposition; and
(5) gives a bond that the plaintiff will be paid all rent that accrues during the pendency of the action and all costs and damages that accrue due to the adjournment.
518B.02 DOMESTIC ABUSE COUNSELING PROGRAM OR EDUCATIONAL PROGRAM REQUIRED.
Subd. 3.
Program accountability.
The Office of Justice Programs in the Department of Public Safety will consult with domestic abuse counseling and educational programs, the court, probation departments, and the interagency task force on the prevention of domestic and sexual abuse on acceptable measures to ensure program accountability. By December 30, 2001, the center shall make recommendations to the house of representatives and senate committees and divisions with jurisdiction over criminal justice policy and funding on agreed-upon accountability measures including outcome studies.
582.14 LIMITATION ON OLD FORECLOSURE ACTIONS.
No action or proceeding to foreclose a real estate mortgage executed prior to November 1, 1909, shall be maintained after January 1, 1946, unless prior to said date the owner of said mortgage shall have filed in the office of the county recorder of the county in which is located the real estate covered thereby, a notice setting forth the name of the claimant, a description of said real estate and of said mortgage including the volume and page at which it is of record and a statement of the amount claimed to be due thereon. Such notices may be discharged in the same manner as notices of lis pendens, and, so discharged, shall, together with all information included therein, cease to constitute either actual or constructive notice.
609.293 SODOMY.
Subdivision 1.
Definition.
"Sodomy" means carnally knowing any person by the anus or by or with the mouth.
Subd. 5.
Consensual acts.
Whoever, in cases not coming within the provisions of sections 609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
609.34 FORNICATION.
When any man and single woman have sexual intercourse with each other, each is guilty of fornication, which is a misdemeanor.
609.36 ADULTERY.
Subdivision 1.
Acts constituting.
When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 2.
Limitations.
No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after one year from the commission of the offense.
Subd. 3.
Defense.
It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.
617.20 DRUGS TO PRODUCE MISCARRIAGE.
Whoever shall manufacture, give, or sell an instrument, drug, or medicine, or any other substance, with intent that the same may be unlawfully used in producing the miscarriage of a woman, shall be guilty of a felony.
617.201 INDECENT ARTICLES AND INFORMATION.
Every person who shall sell, lend, or give away, or in any manner exhibit, or offer to sell, lend, or give away, or have in possession with intent to sell, lend, give away, or advertise or offer for sale, loan, or distribution, any instrument or article, or any drug or medicine for causing unlawful abortion; or shall write or print, or cause to be written or printed, a card, circular, pamphlet, advertisement, or notice of any kind, or shall give oral information, stating when, where, how, or whom, or by what means such article or medicine can be obtained or who manufactures it, shall be guilty of a gross misdemeanor and punished by imprisonment in the county jail for not more than one year or by a fine of not more than $3,000, or by both.
617.202 SALE OF ARTICLES RELATING TO PREVENTION OF CONCEPTION OR DISEASE.
Instruments, articles, drugs or medicines for the prevention of conception or disease may be sold, offered for sale, distributed or dispensed only by persons or organizations recognized as dealing primarily with health or welfare. Anyone convicted of violation of this section shall be guilty of a gross misdemeanor and punished by imprisonment not to exceed one year or by a fine of not more than $3,000 or both.
617.21 EVIDENCE.
In any prosecution for abortion or attempting abortion, no person shall be excused from testifying as a witness on the ground that the person's testimony would tend to criminate the person.
617.28 CERTAIN MEDICAL ADVERTISEMENTS.
Subdivision 1.
Placing advertisement; penalty.
Any person who shall advertise, in the person's own name or in the name of another person, firm or pretended firm, association, corporation or pretended corporation, in any newspaper, pamphlet, circular, or other written or printed paper, or the owner, publisher, or manager of any newspaper or periodical who shall permit to be inserted or published in any newspaper or periodical owned or controlled by the owner, publisher, or manager, the treatment or curing of venereal diseases, the restoration of "lost virility" or "lost vitality," or shall advertise in any manner that the person is a specialist in diseases of the sexual organs, or diseases caused by sexual weakness, self-abuse, or excessive sexual indulgence, or in any disease of like causes, or who shall advertise in any manner any medicine, drug compound, appliance or any means whatever whereby it is claimed that sexual diseases of men and women may be cured or relieved, or miscarriage or abortion produced, shall be guilty of a gross misdemeanor and shall be punished by a fine of not less than $50 nor more than $3,000 or by imprisonment in the county jail for not more than six months.
Subd. 2.
Publication; penalty.
Any person publishing, distributing, or causing to be distributed or circulated, any of the advertising matter hereinabove prohibited, shall be guilty of a misdemeanor and punished as prescribed in subdivision 1.
617.29 EVIDENCE.
The production of any advertisement or advertising matter published or distributed contrary to the provisions of this section and section 617.28 shall be of itself prima facie evidence of the guilt of the person advertising to cure any such disease hereinabove mentioned, or of the publishers who publish any matter such as is herein prohibited.
626.93 LAW ENFORCEMENT AUTHORITY; TRIBAL PEACE OFFICERS.
Subd. 7.
Exception; Prairie Island Indian Community.
Notwithstanding any contrary provision in subdivision 3 or 4, the Prairie Island Indian Community of the Mdewakanton Dakota tribe has concurrent jurisdictional authority under this section with the local county sheriff within the geographical boundaries of the community's reservation to enforce state criminal law if the requirements of subdivision 2 are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered into.
638.02 PARDONS.
Subdivision 1.
Absolute or conditional pardons; commutation of sentences.
The Board of Pardons may grant an absolute or a conditional pardon, but every conditional pardon shall state the terms and conditions on which it was granted. Every pardon or commutation of sentence shall be in writing and shall have no force or effect unless granted by a unanimous vote of the board duly convened.
Subd. 2.
Petition; pardon extraordinary.
Any person, convicted of a crime in any court of this state, who has served the sentence imposed by the court and has been discharged of the sentence either by order of court or by operation of law, may petition the Board of Pardons for the granting of a pardon extraordinary. Unless the Board of Pardons expressly provides otherwise in writing by unanimous vote, the application for a pardon extraordinary may not be filed until the applicable time period in clause (1) or (2) has elapsed:
(1) if the person was convicted of a crime of violence as defined in section 624.712, subdivision 5, ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime; and
(2) if the person was convicted of any crime not included within the definition of crime of violence under section 624.712, subdivision 5, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime.
If the Board of Pardons determines that the person is of good character and reputation, the board may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect of setting aside and nullifying the conviction and of purging the person of it, and the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.
The application for a pardon extraordinary, the proceedings to review an application, and the notice requirements are governed by the statutes and the rules of the board in respect to other proceedings before the board. The application shall contain any further information that the board may require.
Subd. 3.
Pardon extraordinary; filing; copies sent.
Upon granting a pardon extraordinary the Board of Pardons shall file a copy of it with the district court of the county in which the conviction occurred, and the court shall order the conviction set aside and include a copy of the pardon in the court file. The court shall send a copy of its order and the pardon to the Bureau of Criminal Apprehension.
Subd. 4.
Grandfather provision.
Any person granted a pardon extraordinary by the Board of Pardons prior to April 12, 1974 may apply to the district court of the county in which the conviction occurred for an order setting aside the conviction as set forth in subdivision 3.
Subd. 5.
Records.
The term "records" shall include but is not limited to all matters, files, documents and papers incident to the arrest, indictment, information, trial, appeal, dismissal and discharge, which relate to the conviction for which the pardon extraordinary has been granted.
638.03 WARRANT; RETURN.
The Board of Pardons may issue its warrant, under its seal, to any proper officers to carry into effect any pardon, commutation, or reprieve. As soon as may be after the execution of the warrant, the officer to whom it is directed shall make return thereof, under hand, with the doings thereon, to the governor. Such officer shall also file with the court administrator in which the offender was convicted an attested copy of the warrant and return, a brief abstract of which such court administrator shall subjoin to the record of the conviction.
638.04 MEETINGS.
The Board of Pardons shall hold meetings at least twice each year and shall hold a meeting whenever it takes formal action on an application for a pardon or commutation of sentence. All board meetings shall be open to the public as provided in chapter 13D.
The victim of an applicant's crime has a right to submit an oral or written statement at the meeting. 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 application for a pardon or commutation should be granted or denied. In addition, any law enforcement agency may submit an oral or written statement at the meeting, giving its recommendation on whether the application should be granted or denied. The board must consider the victim's and the law enforcement agency's statement when making its decision on the application.
638.05 APPLICATION FOR PARDON.
Every application for relief by the Pardon Board shall be in writing, addressed to the Board of Pardons, signed under oath by the convict or someone in the convict's behalf, shall state concisely the grounds upon which the relief is sought, and in addition shall contain the following facts:
(1) the name under which the convict was indicted, and every alias by which the convict is or was known;
(2) the date and terms of sentence, and the names of the offense for which it was imposed;
(3) the name of the trial judge and the county attorney who participated in the trial of the convict, together with that of the county of trial;
(4) a succinct statement of the evidence adduced at the trial, with the endorsement of the judge or county attorney who tried the case that the statement is substantially correct. If this statement and endorsement are not furnished, the reason for failing to furnish them shall be stated;
(5) the age, birthplace, and occupation and residence of the convict during five years immediately preceding conviction;
(6) a statement of other arrests, indictments, and convictions, if any, of the convict.
Every application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any private data concerning the applicant contained in the application or in any other record relating to the grounds on which the relief is sought. In addition, if the applicant resided in another state after the sentence was discharged, the application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any data concerning the applicant that was collected or maintained by the foreign state relating to the grounds on which the relief is sought, including disclosure of criminal arrest and conviction records.
638.06 ACTION ON APPLICATION.
Every application for relief by the Pardon Board shall be filed with the secretary of the Board of Pardons not less than 60 days before the meeting of the board at which consideration of the application is desired. If an application for a pardon or commutation has been once heard and denied on the merits, no subsequent application shall be filed without the consent of two members of the board endorsed on the application. Immediately on receipt of any application, the secretary to the board shall mail notice of the application, and of the time and place of hearing on it, to the judge of the court where the applicant was tried and sentenced, and to the prosecuting attorney who prosecuted the applicant, or a successor in office. Additionally, the secretary shall publish notice of an application for a pardon extraordinary in the local newspaper of the county where the crime occurred. The secretary shall also make all reasonable efforts to locate any victim of the applicant's crime. The secretary shall mail notice of the application and the time and place of the hearing to any victim who is located. This notice shall specifically inform the victim of the victim's right to be present at the hearing and to submit an oral or written statement to the board as provided in section 638.04.
638.07 RECORDS; SECRETARY.
The Board of Pardons shall keep a record of every petition received, and of every pardon, reprieve, or commutation of sentence granted or refused, and the reasons assigned therefor, and shall have a seal, with which every pardon, reprieve, or commutation of sentence shall be attested. It may adopt such additional necessary and proper rules as are not inconsistent herewith. The commissioner of corrections or a designee shall be the secretary of the board. The commissioner shall have charge of and keep its records and perform such other duties as the board may from time to time direct. The commissioner is hereby authorized and empowered to serve subpoenas and other writs or processes necessary to return parole violators to prison, and to bring before the board witnesses to be heard in matters pending before it. The records and all the files shall be kept and preserved by the secretary, and shall be open to public inspection at all reasonable times.
638.075 ANNUAL REPORTS TO LEGISLATURE.
By February 15 of each year, the Board of Pardons shall file a written report with the legislature containing the following information:
(1) the number of applications received by the board during the preceding calendar year for pardons, pardons extraordinary, and commutations of sentence;
(2) the number of applications granted by the board for each category; and
(3) the crimes for which the applications were granted by the board, the year of each conviction, and the age of the offender at the time of the offense.
638.08 ISSUANCE OF PROCESS; WITNESSES; STANDING APPROPRIATION.
The Board of Pardons may issue process requiring the presence of any person or officer before it, with or without books and papers, in any matter pending, and may take such reasonable steps in the matter as it may deem necessary to a proper determination thereof. When any person is summoned before the board by its authority, the person may be allowed such compensation for travel and attendance as it may deem reasonable.