Minnesota Legislature
SF 2909
3rd Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/15/2023 08:27am
2.9 2.10
2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 3.1 3.2 3.3 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 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 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 6.33 6.34 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 7.33 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 8.32 8.33 8.34 8.35 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 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 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 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 13.32 13.33 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 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 16.33 16.34 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 17.34 17.35 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 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 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 21.34 21.35 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 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 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 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 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 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 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 30.32 30.33 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 31.33 31.34 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 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 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 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
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 36.33 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 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
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 39.31 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 40.32 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
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 42.30 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 43.32 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 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 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
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
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 54.32 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 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 56.31 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
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 58.32 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 60.31 60.32 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 61.32 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 62.31 62.32 62.33 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 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 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 66.31 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 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 69.32 69.33 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 72.33 72.34 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
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 74.31 74.32 74.33 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 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 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 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 79.31 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 80.31 80.32 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 82.30 82.31 82.32 82.33 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 83.32 83.33 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 84.31 84.32
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 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 86.31 86.32 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 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
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 90.30 90.31 90.32 90.33 90.34 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 91.32 91.33 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 92.32
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 93.32 93.33 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 94.33 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 95.30 95.31 95.32 95.33 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 96.33 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 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 98.33
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 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6 100.7 100.8 100.9
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
101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 102.1 102.2 102.3 102.4 102.5 102.6 102.7 102.8 102.9
102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 102.32 102.33 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17
103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12
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
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
110.25 110.26 110.27 110.28 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8
111.9
111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2
113.3
113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16
114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11
115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18
116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33
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
118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25
119.26 119.27 119.28 119.29 119.30 119.31 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13
120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24
120.25 120.26 120.27 120.28 120.29 120.30 121.1 121.2 121.3 121.4 121.5 121.6 121.7
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
121.24 121.25 121.26 121.27 121.28 121.29 121.30 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10
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
122.24 122.25 122.26 122.27 122.28 122.29 122.30 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8
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
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
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
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
127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4
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
128.28 128.29 128.30 129.1 129.2 129.3
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
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
130.27 130.28 130.29 130.30 131.1 131.2 131.3
131.4 131.5 131.6 131.7
131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 134.1 134.2
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
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34
136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3
137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31 137.32 137.33 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15
139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25
140.26 140.27 140.28 140.29 140.30
141.1 141.2 141.3 141.4
141.5 141.6 141.7 141.8 141.9
141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31 142.32 142.33 142.34 142.35 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 143.34 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34
145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 147.1 147.2 147.3 147.4 147.5
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
147.29 147.30 147.31 147.32 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10
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
149.28 149.29 149.30
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
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
151.28 151.29 151.30 151.31 151.32 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 153.1 153.2 153.3 153.4 153.5
153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12
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
155.26 155.27 155.28 155.29 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21
156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9
157.10 157.11 157.12 157.13
157.14 157.15 157.16 157.17 157.18 157.19
157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19
158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 159.32
160.1 160.2
160.3 160.4 160.5
160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 162.1 162.2 162.3 162.4 162.5
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
162.32
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
163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 164.1 164.2
164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18
167.19
167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27
167.28 167.29 167.30 167.31 168.1 168.2 168.3 168.4 168.5 168.6 168.7
168.8 168.9 168.10 168.11 168.12
168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30
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
169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 169.32 170.1 170.2 170.3 170.4
170.5 170.6
170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 174.33 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31
175.32 175.33 176.1 176.2
176.3 176.4
176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 176.31 176.32 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26
179.27 179.28
180.1 180.2 180.3 180.4
180.5 180.6
180.7 180.8 180.9 180.10 180.11 180.12
180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28
181.29 181.30 181.31 181.32 181.33 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11
182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19
182.20
182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12
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
184.28 184.29 184.30 184.31 185.1 185.2 185.3 185.4 185.5
185.6
185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17
186.18
186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8
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
189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29 189.30 189.31 189.32 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 192.1 192.2 192.3 192.4 192.5
192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 193.1 193.2 193.3 193.4 193.5 193.6 193.7
193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 194.1 194.2 194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30
194.31 194.32 194.33 194.34 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21 195.22 195.23 195.24 195.25 195.26
195.27 195.28 195.29 195.30 195.31 195.32 195.33 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14
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
196.29 196.30 196.31 196.32 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21
197.22 197.23 197.24 197.25
197.26 197.27 197.28 197.29 197.30 197.31 198.1 198.2
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
198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21
199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29 200.30 200.31 200.32 200.33 200.34 201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20
201.21 201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14
202.15 202.16
202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 202.33 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16
204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28
205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 205.31 205.32 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 206.33 206.34 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25
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
209.26 209.27 209.28 209.29 209.30 209.31 209.32 210.1 210.2 210.3 210.4 210.5
210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 212.30 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25 213.26 213.27
213.28 213.29 213.30 213.31 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22
214.23 214.24
214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 214.33 214.34 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30
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
A bill for an act
relating to state government; providing for certain judiciary, public safety,
corrections, human rights, firearm, clemency, rehabilitation and reinvestment,
supervised release board, expungement, community supervision, and 911
Emergency Communication System policy; providing for reports; authorizing
rulemaking; appropriating money for judiciary, courts, civil legal services, Guardian
ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
of Public Defense, human rights, sentencing guidelines, public safety, emergency
management, criminal apprehension, fire marshal, firefighters, Office of Justice
programs, Peace Officer Standards and Training Board, Private Detective Board,
corrections, incarceration and release, probation, juveniles, and Ombudsperson
for Corrections; amending Minnesota Statutes 2022, sections 13.072, subdivision
1; 13.825, subdivision 3; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2;
144.6586, subdivision 2; 145.4712; 152.01, by adding a subdivision; 152.021,
subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.18,
subdivision 1; 181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision
3a; 241.021, subdivision 1d; 243.05, subdivision 1; 244.03; 244.05, subdivisions
1b, 2, 3, 4, 5, by adding a subdivision; 244.052, subdivision 4a; 244.101,
subdivision 1; 244.19, subdivisions 1, 5; 244.195, subdivisions 1, 2, by adding
subdivisions; 244.20; 244.21; 297I.06, subdivision 1; 299A.38; 299A.41,
subdivisions 3, 4, by adding a subdivision; 299A.52; 299A.642, subdivision 15;
299A.73, by adding a subdivision; 299C.10, subdivision 1; 299C.106, subdivision
3; 299C.11, subdivision 3; 299C.111; 299C.17; 299C.53, subdivision 3; 299N.02,
subdivision 3; 326.32, subdivision 10; 326.3381, subdivision 3; 357.021,
subdivision 2; 363A.06, subdivision 1; 401.01; 401.02; 401.025, subdivision 1;
401.06; 401.09; 401.10; 401.11; 401.14, subdivision 3; 401.16; 403.02, subdivisions
7, 9a, 11b, 16a, 17, 17c, 18, 19, 19a, 20, 20a, 21, by adding subdivisions; 403.025;
403.03, subdivision 2; 403.05; 403.06; 403.07; 403.08; 403.09, subdivision 2;
403.10, subdivisions 2, 3; 403.11; 403.113; 403.15, subdivisions 1, 2, 3, 4, 5, 6,
by adding a subdivision; 609.05, by adding a subdivision; 609.106, subdivision
2, by adding a subdivision; 609.11, subdivision 8, by adding a subdivision; 609.14,
subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233;
609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.527, subdivision
1, by adding a subdivision; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a,
2; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3; 609A.03, subdivisions
5, 7a, 9; 611.23; 611A.03, subdivision 1; 611A.211, subdivision 1; 611A.31,
subdivisions 2, 3, by adding a subdivision; 611A.32; 626.15; 626.5531, subdivision
1; 626.843, by adding a subdivision; 626.8451, subdivision 1; 626.8469, subdivision
1; 626.8473, subdivision 3; 638.01; 641.15, subdivision 2; 641.155; Laws 2021,
First Special Session chapter 11, article 1, section 15, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 243; 244; 299A; 299C; 401;
609; 609A; 626; 638; repealing Minnesota Statutes 2022, sections 244.18; 244.19,
subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 299C.80, subdivision 7; 403.02,
subdivision 13; 403.09, subdivision 3; 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
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 figure "2023" used in this article means that the appropriations listed under it are
available for the fiscal year ending June 30, 2023. "The first year" is fiscal year 2024. "The
second year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025.
Appropriations for fiscal year 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
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
70,971,000 new text end |
new text begin
$ new text end |
new text begin
78,014,000 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
46,689,000 new text end |
new text begin
49,300,000 new text end |
||||
new text begin
(a) 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 nine
percent in the first year and six percent in the
second year.
new text end
new text begin
(c) 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 Senate
File No. 1117. If this provision or a
substantially similar one is not enacted in the
2023 legislative session, this appropriation
cancels to the general fund.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
24,282,000 new text end |
new text begin
28,714,000 new text end |
||||
new text begin
The general fund base is $30,345,000 in fiscal
year 2026 and thereafter.
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
14,606,000 new text end |
new text begin
$ new text end |
new text begin
15,410,000 new text end |
||
new text begin
Judges' Compensation
new text end
new text begin
Judges' compensation is increased by nine
percent in the first year and six percent in the
second year.
new text end
Sec. 4. new text begin DISTRICT COURTS
|
new text begin
$ new text end |
new text begin
377,862,000 new text end |
new text begin
$ new text end |
new text begin
384,027,000 new text end |
||
new text begin
(a) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by nine
percent in the first year and six percent in the
second year.
new text end
new text begin
(b) Court Case Backlog
new text end
new text begin
$6,545,000 the first year is to fund the judicial
branch's court case backlog.
new text end
new text begin
(c) Mandated Psychological Services
new text end
new text begin
$1,996,000 each year is for mandated
psychological services.
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' starting salaries.
Notwithstanding Minnesota Statutes, section
16A.285, the agency 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
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)
new text end
new text begin
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 is available until June 30, 2027.
new text end
Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
154,134,000 new text end |
new text begin
$ new text end |
new text begin
164,360,000 new text end |
||
new text begin
This appropriation is contingent on House File
No. 90, or a substantially similar bill funding
the Board of Public Defense for the 2025-2026
fiscal biennium, not being enacted in the 2023
legislative session.
new text end
Sec. 10. 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 is $78,000
in fiscal year 2026 and thereafter.
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. 11. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
326,279,000 new text end |
new text begin
$ new text end |
new text begin
299,648,000 new text end |
|
new text begin
Appropriations by Fund 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
230,225,000 new text end |
new text begin
210,065,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
18,074,000 new text end |
new text begin
18,327,000 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
Emergency Management
|
new text begin
5,661,000 new text end |
new text begin
5,747,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
5,542,000 new text end |
new text begin
5,620,000 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
$225,000 each year is for supplemental
nonprofit security grants under this paragraph.
new text end
new text begin
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end
new text begin
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end
new text begin
The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. This is a
onetime appropriation.
new text end
new text begin
(b) Emergency Preparedness Staff
new text end
new text begin
$250,000 each year is for two additional
emergency preparedness staff members.
new text end
new text begin
(c) School Safety Center
new text end
new text begin
$300,000 each year is to fund two new school
safety specialists at the Minnesota School
Safety Center.
new text end
new text begin
(d) Local Government Emergency
Management
new text end
new text begin
$1,500,000 each year is to award grants in
equal amounts to the emergency management
organization of the 87 counties, 11 federally
recognized Tribes, and four cities of the first
class for reimbursement of planning and
preparedness activities, including capital
purchases, that are eligible under federal
emergency management grant guidelines.
Local emergency management organizations
must make a request to HSEM for these grants.
Current local funding for emergency
management and preparedness activities may
not be supplanted by these additional state
funds. Of this amount, up to one percent may
be used for the administrative costs of the
agency. This appropriation is available until
June 30, 2027. Unspent money may be
redistributed to eligible local emergency
management organizations.
new text end
new text begin
By March 15, 2025, the commissioner of
public safety must submit a report on the grant
awards to the chairs and ranking minority
members of the legislative committees with
jurisdiction over emergency management and
preparedness activities. At a minimum, the
report must identify grant recipients and give
detailed information on how the grantees used
the money received.
new text end
new text begin
This is a onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
112,699,000 new text end |
new text begin
105,547,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
110,263,000 new text end |
new text begin
103,111,000 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
(a) DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 each year
is from the trunk highway fund for staff and
operating costs for laboratory analysis related
to driving-while-impaired cases.
new text end
new text begin
(b) Use of Force Investigations Unit
new text end
new text begin
$4,419,000 each year is to fund the Use of
Force Investigations Unit.
new text end
new text begin
(c) Violent Crime Reduction Strategy;
Violent Crime Support Unit (VCSU)
new text end
new text begin
$2,000,000 each year is for Violent Crime
Support Unit forensic staff and equipment.
new text end
new text begin
(d) Violent Crime Reduction Strategy;
Criminal Information and Operations
(CIOS)
new text end
new text begin
$2,000,000 each year is for analytical and
operational support.
new text end
new text begin
(e) Violent Crime Reduction Strategy;
Violent Crime Reduction Strategy Initiative
(VCRSI)
new text end
new text begin
$2,000,000 the first year and $1,600,000 the
second year are to fund partnerships among
local, state, and federal agencies. The VCRSI
shall work with civilian criminal intelligence
analysts and forensic science laboratory
personnel to strategically identify those
involved in acts of violence or other threats to
public safety.
new text end
new text begin
(f) Firearm Transfers; Permitting Modified
new text end
new text begin
$70,000 the first year is to implement Senate
File No. 1116. If this provision or a
substantially similar one is not enacted in the
2023 legislative session, this appropriation
cancels to the general fund.
new text end
new text begin
(g) Human Trafficking Response Task
Force
new text end
new text begin
$2,200,000 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
(h) FBI Compliance, Critical IT
Infrastructure, and Cybersecurity
Upgrades
new text end
new text begin
$9,910,000 the first year and $5,097,000 the
second year are for cybersecurity investments,
critical infrastructure upgrades, and Federal
Bureau of Investigation audit compliance. Of
this amount, $6,643,000 the first year and
$1,830,000 the second year are onetime and
is available until June 30, 2026. The base in
fiscal year 2026 and thereafter is $3,267,000.
new text end
new text begin
(i) State Fraud Unit
new text end
new text begin
$870,000 each year is for staff and operating
costs to create the State Fraud Unit to
centralize the state's response to activities of
fraud with an estimated impact of $100,000
or more.
new text end
new text begin
(j) Decrease Forensic Evidence Turnaround
new text end
new text begin
$3,000,000 the first year and $2,500,000 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
(k) 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
(l) 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 Subd. 4. 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
5,184,000 new text end |
new text begin
5,190,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
11,829,000 new text end |
new text begin
12,082,000 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 $12,182,000
in fiscal year 2026 and $12,082,000 in fiscal
year 2027.
new text end
new text begin
(a) Inspections
new text end
new text begin
$300,000 each year is for inspection of nursing
homes and boarding care facilities.
new text end
new text begin
(b) 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
in the special revenue fund 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
(c) Bomb Squad Reimbursements
new text end
new text begin
$300,000 each year is for reimbursements to
local governments for bomb squad services.
new text end
new text begin
(d) Nonresponsible Party Reimbursements
new text end
new text begin
$750,000 each year is for the nonresponsible
party hazardous material and bomb squad
incident reimbursements.
new text end
new text begin
(e) Hometown Heroes Assistance Program
new text end
new text begin
$4,000,000 each year 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. 5. 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
General new text end |
new text begin
1,000,000 new text end |
new text begin
1,000,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
6,175,000 new text end |
new text begin
6,175,000 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
$4,500,000 each year from the special revenue
fund and $1,000,000 each year from the
general fund is for firefighter training and
education. The general fund base for this
activity is $0 in fiscal year 2026 and thereafter.
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) Firefighter Training and Education
new text end
new text begin
$1,000,000 each year is for firefighter training
and education. This is a onetime appropriation.
new text end
|
new text begin
(f) 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. 6. 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. 7. new text end
new text begin
Office of Justice Programs
|
new text begin
86,505,000 new text end |
new text begin
86,603,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
86,409,000 new text end |
new text begin
86,507,000 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) 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
(b) Additional Staff
new text end
new text begin
$667,000 each year is for additional Office of
Justice Program administrative and oversight
staff.
new text end
new text begin
(c) Domestic and Sexual Violence Housing
new text end
new text begin
$1,250,000 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. This is a onetime
appropriation.
new text end
new text begin
(d) Office for Missing and Murdered
African American Women
new text end
new text begin
$790,000 each year is to establish and
maintain the Minnesota Office for Missing
and Murdered African American Women.
new text end
new text begin
(e) Office of Missing and Murdered
Indigenous Relatives (MMIR)
new text end
new text begin
$274,000 each year is for increased staff and
operating costs of the Office and MMIR
Advisory Board.
new text end
new text begin
(f) Reward Account
new text end
new text begin
$110,000 the first year is transferred to the
reward account in the special revenue fund
created in Minnesota Statutes, section
299A.86.
new text end
new text begin
(g) Minnesota Youth Justice Office
new text end
new text begin
$5,000,000 each year is for staff and data
analysis and evaluation, increased funding for
youth intervention programs, disparities
reduction and delinquency prevention
programming, and to establish a Statewide
Crossover/Dual Status Youth grant program,
justice involved youth mental health grant
program, gang prevention grant program, and
community based alternatives to incarceration
grant program. This is a onetime
appropriation.
new text end
new text begin
(h) Community Crime Prevention Grants
new text end
new text begin
$5,000,000 each year is for Community Crime
Prevention Program grants, authorized under
Minnesota Statutes, section 299A.296. This
is a onetime appropriation.
new text end
new text begin
(i) 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
(j) Minnesota Heals
new text end
new text begin
$2,800,000 each year is for the Minnesota
Heals grant program. This is a onetime
appropriation.
new text end
new text begin
(k) Youth Intervention Grants
new text end
new text begin
$5,000,000 each year is for youth intervention
programs under Minnesota Statutes, section
299A.73. This is a onetime appropriation.
new text end
new text begin
(l) Sexual Assault Exam Costs
new text end
new text begin
$4,000,000 each year is 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.
new text end
new text begin
(m) 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
(n) Direct Assistance to Crime Victim
Survivors
new text end
new text begin
$5,000,000 each year is for crime victim
services for the Office of Justice Programs 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 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
(o) 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 in the
Rochester area and $125,000 each year is to
address this 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
(p) Violence Prevention Project Research
Center
new text end
new text begin
$500,000 each year is to fund a violence
prevention project research center that operates
as a nonprofit, nonpartisan research center
dedicated to reducing violence in society and
using data and analysis to improve criminal
justice-related policy and practice in
Minnesota. The research center must place an
emphasis on issues related to gun violence.
This is a onetime appropriation.
new text end
new text begin
(q) Prosecutorial Training Grants
new text end
new text begin
$100,000 each year is for grants to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. This is a onetime
appropriation.
new text end
new text begin
(r) Law Enforcement Mental Health and
Wellness Training Grant
new text end
new text begin
$75,000 each year is for a grant to an
accredited, nonprofit graduate school that
trains mental health professionals.
new text end
new text begin
The grantee must use the grant to develop and
implement a law enforcement mental health
and wellness training program to train licensed
counselors to understand the nuances, culture,
and stressors of the law enforcement
profession so that they can provide effective
and successful treatment to officers in distress.
The grantee must collaborate with law
enforcement officers and mental health
professionals who are familiar with the
psychological, cultural, and professional issues
of their field to develop and implement the
program.
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
(s) Public Safety Innovation Board
new text end
new text begin
$55,000 each year is for the Public Safety
Innovation Board described in Minnesota
Statutes, section 299A.625. This is a onetime
appropriation.
new text end
new text begin
(t) First Responders' Mental Health
new text end
new text begin
$500,000 each year is for a grant to a nonprofit
organization that provides nonmedical mental
health support for present and former law
enforcement officers and first responders
facing employment-related mental health
issues, utilizing interactive group activity and
other methods. This is a onetime
appropriation.
new text end
new text begin
(u) Administration Costs
new text end
new text begin
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end
new text begin Subd. 8. new text end
new text begin
Emergency Communication Networks
|
new text begin
90,274,000 new text end |
new text begin
68,597,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
14,945,000 new text end |
new text begin
-0- 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
$9,945,000 the first year from the general fund
is for grants to local government units,
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.
new text end
new text begin Subd. 9. new text end
new text begin
Public Safety Administration
|
new text begin
7,600,000 new text end |
new text begin
4,600,000 new text end |
||||
new text begin
(a) Public Safety Officer Survivor Benefits
new text end
new text begin
$1,500,000 each year is 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) Body Camera Grants
new text end
new text begin
$4,500,000 the first year and $1,500,000 the
second year are for grants to local units of
government to purchase and maintain portable
recording devices for use by licensed peace
officers employed by the applicant. Each grant
is contingent upon a local match of at least 25
percent from nonstate funds. The board must
give priority to applicants that do not have a
portable recording system program and to
applicants with law enforcement departments
that employ fewer than 50 licensed peace
officers. Up to 2.5 percent of the appropriation
is available to be used for administrative costs
incurred by the commissioner in carrying out
the provisions of this paragraph. This is a
onetime appropriation.
new text end
new text begin
(d) First Responder Wellness Office
new text end
new text begin
$600,000 each year is to establish and
administer an office to provide leadership and
resources for improving the mental health of
emergency and first responders statewide.
new text end
new text begin
(e) Firearm Storage Cost Reimbursement
new text end
new text begin
$250,000 each year is to implement Senate
File No. 1117. If this provision or a
substantially similar one is not enacted in the
2023 legislative session, this appropriation
cancels to the general fund.
new text end
Sec. 12. 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
$592,000 the first year and $593,000 the
second year are for additional staff and
equipment. The base for this appropriation is
$576,000 in fiscal year 2026 and thereafter.
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
new text begin
(d) Compliance Reviews and Investigations
new text end
new text begin
$435,000 each year is to hire investigators and
additional staff to perform compliance reviews
and investigate alleged code of conduct
violations, and to obtain or improve equipment
for that purpose. This is a onetime
appropriation.
new text end
Sec. 13. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
476,000 new text end |
new text begin
$ new text end |
new text begin
411,000 new text end |
||
new text begin
$178,000 the first year and $103,000 the
second year are for equipment and an
additional staff member.
new text end
Sec. 14. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
8,191,000 new text end |
new text begin
$ new text end |
new text begin
8,575,000 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 until June 30, 2027.
new text end
new text begin
(c) Data Gathering and Reporting
new text end
new text begin
$538,000 the first year and $396,000 the
second year are to gather, analyze, and report
on discrimination and hate incidents
throughout Minnesota.
new text end
Sec. 15. 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
817,923,000 new text end |
new text begin
$ new text end |
new text begin
849,910,000 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
536,254,000 new text end |
new text begin
568,420,000 new text end |
new text begin
(a) 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
(b) State Corrections Safety and Security
new text end
new text begin
$2,055,000 the first year and $2,772,000 the
second year are for state corrections safety
and security investments. The base for this
appropriation is $3,560,000 in fiscal year 2026
and thereafter.
new text end
new text begin
(c) Health Services
new text end
new text begin
$2,348,000 the first year and $3,723,000 the
second year are for the health services
division. Of this amount:
new text end
new text begin
(1) $1,072,000 the first year and $2,542,000
the second year are for 24-hour nursing
support to five state correctional facilities;
new text end
new text begin
(2) $247,000 each year is for behavioral health
care at Minnesota Correctional
Facility-Shakopee;
new text end
new text begin
(3) $247,000 each year is for dental care
equipment, software, and information
technology support;
new text end
new text begin
(4) $225,000 the first year and $375,000 the
second year are to establish a disease
management unit;
new text end
new text begin
(5) $75,000 the first year is for a feasibility
study of creating a private sector nursing home
for difficult-to-place inmates with significant
health care needs; and
new text end
new text begin
(6) $482,000 the first year and $312,000 the
second year are for investments in
telemedicine. The base for this appropriation
is $227,000 in fiscal year 2026 and thereafter.
new text end
new text begin
(d) 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
(e) Educational Programming and Support
Services
new text end
new text begin
$6,366,000 the first year and $7,191,000 the
second year are for educational programming
and support services. Of this amount:
new text end
new text begin
(1) $1,880,000 the first year and $2,705,000
the second year are for increased education
staffing. The base for this appropriation is
$482,000 in fiscal year 2026 and thereafter;
new text end
new text begin
(2) $280,000 each year is for increased
classroom space. The base for this
appropriation is $285,000 in fiscal year 2026
and thereafter;
new text end
new text begin
(3) $918,000 each year is for information
technology education components. The base
for this appropriation is $779,000 in fiscal year
2026 and thereafter;
new text end
new text begin
(4) $650,000 each year is to expand vocational
training. The base for this appropriation is
$50,000 in fiscal year 2026 and thereafter;
new text end
new text begin
(5) $200,000 each year is to support Pell
partnerships in Minnesota correctional
facilities;
new text end
new text begin
(6) $310,000 each year to expand cognitive
processing therapy at Minnesota Correctional
Facility-Faribault, Minnesota Correctional
Facility-Lino Lakes, and Minnesota
Correctional Facility-Red Wing minimum
security units;
new text end
new text begin
(7) $128,000 each year is for educational
supplies; and
new text end
new text begin
(8) $2,000,000 each year is to expand work
release, including educational work release.
This is a onetime appropriation.
new text end
new text begin
(f) Successful Re-Entry
new text end
new text begin
$1,000,000 each year is for successful re-entry
initiatives.
new text end
new text begin
(g) 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.
new text end
new text begin
(h) Inmate Phone Calls
new text end
new text begin
$2,000,000 each year is to support
communications infrastructure for incarcerated
individuals to maintain contact with family
members and supportive contacts. This is a
onetime appropriation.
new text end
new text begin
(i) Compensation for Program Participation
new text end
new text begin
$1,000,000 each year is to increase
compensation for incarcerated persons who
participate in prison programming
assignments, including work, education, and
treatment. This is a onetime appropriation.
new text end
new text begin
(j) 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.
new text end
new text begin
(k) Model Discharge Plans
new text end
new text begin
$80,000 each year is to comply with the model
discharge plan requirements under Minnesota
Statutes, section 641.155. This is a onetime
appropriation.
new text end
new text begin
(l) 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 Subd. 3. new text end
new text begin
Community
|
new text begin
206,504,000 new text end |
new text begin
200,305,000 new text end |
new text begin
(a) Community Corrections Act
new text end
new text begin
$142,971,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
corrections aid funding 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 grants to Tribal
Nations to provide supervision in tandem with
the department.
new text end
new text begin
(c) Treatment and Support Grants
new text end
new text begin
$10,000,000 each year is to provide grants to
counties and local providers to implement
treatment programs, support programs, and
innovative supervision practices to reduce the
risk of recidivism. The base for this
appropriation is $8,560,000 in fiscal year 2026
and thereafter.
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) Successful Re-Entry
new text end
new text begin
$266,000 each year is for successful re-entry
initiatives. The base for this appropriation is
$47,000 in fiscal year 2026 and thereafter.
new text end
new text begin
(f) Community-Based Sex Offender
Treatment
new text end
new text begin
$2,415,000 each year is for additional
community-based sex offender treatment.
new text end
new text begin
(g) Pathways from Prison to Employment
new text end
new text begin
$1,460,000 the first year and $1,775,000 the
second year are to establish an economic
opportunity and public safety unit to support
job training and connect incarcerated
individuals with public and private employers,
trade associations, and community colleges to
provide stable employment upon release. Of
this amount:
new text end
new text begin
(1) $488,000 the first year and $625,000 the
second year are to establish an Economic
Opportunity and Public Safety (EOPS) unit to
develop and strengthen relationships in the
community and between the state and
employers; and
new text end
new text begin
(2) $500,000 each year is for
community-based contracted programming
and services for prerelease and postrelease
employment and vocational services.
new text end
new text begin
(h) Juvenile Treatment Homes
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 culturally specific,
community-based, and 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) Violence Prevention and Wellness
Support
new text end
new text begin
$2,500,000 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:
new text end
new text begin
(1) create family support groups and resources
to support families during the time a young
person is placed out-of-home following a
juvenile delinquency disposition and support
the family through the period of post
placement reentry;
new text end
new text begin
(2) create community-based respite options
for conflict or crisis de-escalation to prevent
incarceration or further systems involvement
for families; and
new text end
new text begin
(3) establish additional meaningful
employment opportunities for
systems-involved youth.
new text end
new text begin
(j) Alternatives to Incarceration; Mower
County
new text end
new text begin
$80,000 each year is for Mower County to
facilitate access to community treatment
options under the alternatives to incarceration
program.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
75,165,000 new text end |
new text begin
81,185,000 new text end |
||||
new text begin
(a) Public Safety Data Infrastructure
new text end
new text begin
$22,500,000 each year is for the development
and management of statewide public safety
information sharing infrastructure and
foundation technologies. The department shall
consult with county correctional supervision
providers, the Judicial Branch, the Minnesota
Sheriff's Association, the Minnesota Chiefs
of Police Association, and the Bureau of
Criminal Apprehension, among other public
safety stakeholders, in the development,
design, and implementation of a statewide
public safety information sharing
infrastructure. This is a onetime appropriation.
new text end
new text begin
(b) Recruitment and Retention
new text end
new text begin
$4,803,000 the first year and $7,323,000 the
second year are for recruitment and retention
initiatives. The base for this appropriation is
$4,173,000 in fiscal year 2026 and thereafter.
new text end
new text begin
Of this amount, $2,300,000 each year is to
create a pilot staff wellness program for
trauma recovery, resiliency, and well-being
and for the staff support and wellness unit.
The base for this appropriation in fiscal year
2026 and thereafter is $300,000.
new text end
new text begin
(c) Accountability and Transparency
new text end
new text begin
$1,200,000 each year is for Accountability
and Transparency Initiatives. Of this amount,
$191,000 the first year and $362,000 the
second year are for additional financial
services staff.
new text end
new text begin
(d) Supervised Release Board
new text end
new text begin
$40,000 each year is to establish a supervised
release board as described in Minnesota
Statutes, section 244.049.
new text end
new text begin
(e) State Corrections Safety and Security
new text end
new text begin
$190,000 each year is for a continuity of
operations plan coordinator and continuity of
operations software.
new text end
new text begin
(f) 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.
new text end
Sec. 16. 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. 17. new text begin COMPETENCY RESTORATION
|
new text begin
$ new text end |
new text begin
11,350,000 new text end |
new text begin
$ new text end |
new text begin
10,900,000 new text end |
||
Sec. 18. new text begin PUBLIC SAFETY OFFICER SURVIVOR BENEFITS DEFICIENCY;
FISCAL YEAR 2023 APPROPRIATION.
new text end
new text begin
$1,000,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of public safety to be used for payment of public safety officer survivor benefits under
Minnesota Statutes, section 299A.44. This is a onetime appropriation.
new text end
Sec. 19. new text begin INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND
TRAINING PROGRAM; OUTREACH; FISCAL YEAR 2023 APPROPRIATION.
new text end
new text begin
$5,000,000 in fiscal year 2023 is appropriated to the commissioner of public safety from
the general fund to implement the intensive comprehensive peace officer education and
training program described in Minnesota Statutes, section 626.8516, and conduct outreach
to qualified candidates under that section. The commissioner shall use the funds to target
and recruit candidates or groups of candidates who meet the program's eligibility
requirements with an emphasis placed on reaching candidates from groups that are currently
underrepresented in law enforcement and who represent the state's increasingly diverse
population. The commissioner shall conduct outreach directly to statewide and national
peace officer affinity groups that represent groups that are currently underrepresented in
law enforcement. The commissioner shall contract with an agency with proven experience
and success in targeting and recruiting candidates for specific professions.
new text end
Sec. 20. new text begin DEPARTMENT OF CORRECTIONS DEFICIENCY; FISCAL YEAR 2023
APPROPRIATION.
new text end
new text begin
$12,643,000 in fiscal year 2023 is appropriated from the general fund to the commissioner
of corrections for operational expenses. This is a onetime appropriation.
new text end
Sec. 21. new text begin VIOLENT CRIME INVESTIGATION TEAMS; SPECIAL REVENUE
ACCOUNT; APPROPRIATION.
new text end
new text begin
(a) The violent crime investigation team 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 $2,800,000 in each of fiscal years 2024, 2025,
2026, 2027, and 2028 are appropriated to the commissioner of public safety for violent
crime investigation teams, organized under Minnesota Statutes, section 299A.642, to increase
their capacity to conduct forensic and investigatory work to expedite clearance rates.
new text end
new text begin
(b) The commissioner shall allocate the funds to the violent crime investigation teams
that have the most acute need for supplemental resources based on the rate of violent crime
in the team's jurisdiction and the need to improve clearance rates for violent crime
investigations. The commissioner must consult with and consider recommendations from
the Violent Crime Coordinating Council created under Minnesota Statutes, section 299A.642,
prior to awarding grants from this fund.
new text end
new text begin
(c) As a condition of receiving funds from this account, the lead local unit of government
of a violent crime investigation team must enter a joint powers agreement with the
commissioner of public safety under which the commissioner shall provide an investigator
from the Bureau of Criminal Apprehension to be a member of the team.
new text end
Sec. 22. new text begin VIOLENT CRIME INVESTIGATION TEAM ACCOUNT; TRANSFER.
new text end
new text begin
$14,000,000 in fiscal year 2024 is transferred from the general fund to the violent crime
investigation team account in the special revenue fund. The base for this appropriation is
$0 in fiscal year 2025 and thereafter. Any balance in the account on June 30, 2028, cancels
to the general fund.
new text end
Sec. 23. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION GRANTS;
SPECIAL REVENUE ACCOUNT; APPROPRIATION.
new text end
new text begin
(a) 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 $2,800,000 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 community
violence prevention and intervention programs.
new text end
new text begin
(b) Grants may be awarded to community-based nonprofit organizations, local
governments, or the governing bodies of federally recognized Indian Tribes. Applicants
that are nonprofit organizations must demonstrate the support of the local government or
Indian Tribe where the nonprofit will be offering services. Support may be demonstrated
by partnerships with the local government or Indian Tribe, or letters or other affirmations
of support.
new text end
new text begin
(c) Grant recipients must operate crime or violence prevention programs with an
established record of providing 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 violence. Crime or violence
prevention programs may include but are not limited to:
new text end
new text begin
(1) victim services programs, including but not limited to programs that provide services
to victims and families that have experienced gun violence;
new text end
new text begin
(2) re-entry programs that provide support and reintegration services to recently
incarcerated individuals;
new text end
new text begin
(3) homelessness assistance programs;
new text end
new text begin
(4) restorative justice programs;
new text end
new text begin
(5) programs that intervene in volatile situations to mediate disputes before they become
violent; and
new text end
new text begin
(6) juvenile diversion programs.
new text end
new text begin
(d) As part of the narrative and statistical progress reports provided to the Office of
Justice Programs, grant recipients must report on the specific outcomes identified pursuant
to paragraph (c).
new text end
new text begin
(e) The Office of Justice Programs may use up to 2.5 percent of the annual appropriation
to administer the grants.
new text end
Sec. 24. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION ACCOUNT;
TRANSFER.
new text end
new text begin
$14,000,000 in fiscal year 2024 is transferred from the general fund to the community
crime and violence prevention account in the special revenue fund. The base for this
appropriation is $0 in fiscal year 2025 and thereafter. Any balance in the account on June
30, 2028, cancels to the general fund.
new text end
Sec. 25. new text begin CRISIS RESPONSE AND CRIMINAL INVESTIGATION GRANTS;
SPECIAL REVENUE ACCOUNT; APPROPRIATION.
new text end
new text begin
(a) The crisis response and criminal investigation 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 $2,800,000 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 or local governments to improve responses to situations involving individuals
experiencing a mental health crisis and to improve criminal investigations.
new text end
new text begin
(b) Of the amount appropriated in fiscal year 2024, $1,120,000 is for grants to local law
enforcement agencies to acquire, upgrade, or replace technology or equipment used to
investigate crimes or process evidence and $1,680,000 is for the grants described in paragraph
(c).
new text end
new text begin
(c) Up to $2,800,000 in fiscal years 2025, 2026, 2027, and 2028 is for grants 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
(d) The Office of Justice Programs may use up to 2.5 percent of the annual appropriation
to administer the grants.
new text end
Sec. 26. new text begin CRISIS RESPONSE AND CRIMINAL INVESTIGATION ACCOUNT;
TRANSFER.
new text end
new text begin
$14,000,000 in fiscal year 2024 is transferred from the general fund to the crisis response
and criminal investigation account in the special revenue fund. The base for this appropriation
is $0 in fiscal year 2025 and thereafter. Any balance in the account on June 30, 2028, cancels
to the general fund.
new text end
Sec. 27. new text begin FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS.
new text end
new text begin Subdivision 1. new text end
new text begin
Financial information required; determination of ability to
perform.
new text end
new text begin
Before an agency awards a competitive, legislatively-named, single source, or
sole source grant to a nonprofit organization with money appropriated in this act, the agency
must assess the risk that a grantee cannot or would not perform the required duties. In making
this assessment, the agency must review the following information:
new text end
new text begin
(1) the grantee's history of performing duties similar to those required by the grant,
whether the size of the grant requires the grantee to perform services at a significantly
increased scale, and whether the size of the grant will require significant changes to the
operation of the grantee's organization;
new text end
new text begin
(2) the applicant's Form 990 or Form 990-EZ filed with the Internal Revenue Service
in each of the prior three years. If the applicant has not been in existence long enough or is
not required to file Form 990 or Form 990-EZ, the applicant must demonstrate to the grantor's
satisfaction that the applicant is exempt and must instead submit the applicant's most recent
board-reviewed financial statements and documentation of internal controls;
new text end
new text begin
(3) evidence of registration and good standing with the secretary of state under Minnesota
Statutes, chapter 317A, or other applicable law;
new text end
new text begin
(4) if the applicant's total annual revenue exceeds $750,000, the applicant's most recent
financial audit performed by an independent third party in accordance with generally accepted
accounting principles; and
new text end
new text begin
(5) certification, provided by the applicant, that none of its principals have been convicted
of a financial crime.
new text end
new text begin Subd. 2. new text end
new text begin Additional measures for some grantees. new text end
new text begin
The agency may require additional
information and must provide enhanced oversight for grants to nonprofit organizations that
have not previously received state or federal grants for similar amounts or similar duties
and so have not yet demonstrated the ability to perform the duties required under the grant
on the scale required.
new text end
new text begin Subd. 3. new text end
new text begin Assistance from administration. new text end
new text begin
An agency without adequate resources or
experience to perform obligations under this section may contract with the commissioner
of administration to perform the agency's duties under this section.
new text end
new text begin Subd. 4. new text end
new text begin Agency authority to not award grant. new text end
new text begin
If an agency determines that there is
an appreciable risk that a grantee receiving a competitive, single source, or sole source grant
cannot or would not perform the required duties under the grant agreement, the agency must
notify the grantee and the commissioner of administration and give the grantee an opportunity
to respond to the agency's concerns. If the grantee does not satisfy the agency's concerns
within 45 days, the agency must not award the grant.
new text end
new text begin Subd. 5. new text end
new text begin Legislatively-named grantees. new text end
new text begin
If an agency determines that there is an
appreciable risk that a grantee receiving a legislatively-named grant cannot or would not
perform the required duties under the grant agreement, the agency must notify the grantee,
the commissioner of administration, and the chair and ranking minority members of Ways
and Means Committee in the house of representatives, the chairs and ranking minority
members of the Finance Committee in the senate, and the chairs and ranking minority
members of the committees in the house of representatives and the senate with primary
jurisdiction over the bill in which the money for the grant was appropriated. The agency
must give the grantee an opportunity to respond to the agency's concerns. If the grantee
does not satisfy the agency's concerns within 45 days, the agency must delay award of the
grant until adjournment of the next regular or special legislative session.
new text end
new text begin Subd. 6. new text end
new text begin Subgrants. new text end
new text begin
If a grantee will disburse the money received from the grant to
other organizations to perform duties required under the grant agreement, the agency must
be a party to agreements between the grantee and a subgrantee. Before entering agreements
for subgrants, the agency must perform the financial review required under this section with
respect to the subgrantees.
new text end
new text begin Subd. 7. new text end
new text begin Effect. new text end
new text begin
The requirements of this section are in addition to other requirements
imposed by law, the commissioner of administration under Minnesota Statutes, sections
16B.97 to 16B.98, or agency grant policy.
new text end
ARTICLE 2
JUDICIARY
Section 1.
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. 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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 3.
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 3
PUBLIC SAFETY
Section 1.
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. 2.
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. 3.
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. 4.
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. 5.
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. 6.
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. 7.
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. 8.
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. 9.
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. 10.
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. 11.
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 drug, 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. 12.
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. 13.
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. 14.
Minnesota Statutes 2022, section 299A.38, is amended to read:
299A.38 SOFT BODY ARMOR REIMBURSEMENT.
Subdivision 1.
Definitions.
As used in this section:
(a) "Commissioner" means the commissioner of public safety.
new text begin
(b) "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 (c)new text end "Peace officer" means a person who is licensed under section 626.84, subdivision
1, paragraph (c).
new text begin
(d) "Public safety officer" means a peace officer, firefighter, or qualified emergency
medical service provider.
new text end
new text begin
(e) "Qualified emergency medical service provider" means a person certified under
section 144E.28 who is actively employed by a Minnesota licensed ambulance service.
new text end
deleted text begin (c)deleted text end new text begin (f)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. 15.
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.
new text begin (b)new text end 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); deleted text begin and
deleted text end
(3) new text begin that officer died as a result of a disabling cancer of a type caused by exposure to
heat, radiation, or a known or suspected carcinogen, as defined by the International Agency
for Research on Cancer, and the carcinogen is reasonably linked to the disabling cancer;
and
new text end
new text begin (4) new text end the presumption is not overcome by competent medical evidence to the contrary.
new text begin
(c) Killed in the line of duty also means if a public safety officer dies as a result of suicide
when:
new text end
new text begin
(1) a licensed mental health provider previously diagnosed the officer with post-traumatic
stress disorder; and
new text end
new text begin
(2) the officer's mental health provider determined the post-traumatic stress disorder
resulted from the officer's work as a public safety officer.
new text end
new text begin
As used in this paragraph, "public safety officer" includes only the individuals described
in subdivision 4, clauses (1) to (4) and (6) to (9).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2017.
new text end
Sec. 16.
Minnesota Statutes 2022, section 299A.41, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Post-traumatic stress disorder. new text end
new text begin
"Post-traumatic stress disorder" means the
condition as described in the most recently published edition of the Diagnostic and Statistical
Manual of Mental Disorders by the American Psychiatric Association.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2017.
new text end
Sec. 17.
Minnesota Statutes 2022, section 299A.41, subdivision 4, is amended to read:
Subd. 4.
Public safety officer.
new text begin Except as provided in subdivision 3, paragraph (c),
new text end "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;
(3) 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;
(4) 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;
(5) a good samaritan while complying with the request or direction of a public safety
officer to assist the officer;
(6) a reserve police officer or a reserve deputy sheriff while acting under the supervision
and authority of a political subdivision;
(7) a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;
(8) 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
(9) 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from January 1, 2017.
new text end
Sec. 18.
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 a hazardous materials incidentnew text begin or explosives sweep as defined in section
299C.063new text end incurred by a deleted text begin regionaldeleted text end hazardous materials response team 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 regionaldeleted text end new text begin state bomb disposal unit ornew text end hazardous materials response team costs of
response. The commissioner may bring an action for recovery of unpaid costs, reasonable
attorney fees, and any additional court costs. 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
deleted text begin Fire Safety Accountdeleted text end new text begin general fundnew text end .
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. 19.
new text begin
[299A.53] NONRESPONSIBLE PARTY FUND.
new text end
new text begin
In the event that there is no identified responsible party as defined in section 115B.03,
a special account, to be known as the nonresponsible party fund, shall be created in the state
treasury. The legislature intends that all money in the nonresponsible party fund be
appropriated to the commissioner of public safety to reimburse all reasonable and necessary
costs, including legal and administrative costs, of response to a hazardous materials incident
or explosives sweep as defined in section 299C.063 when there is no identified responsible
party as described in section 299A.52. Any remaining funds at the end of the biennium shall
be transferred to the general fund.
new text end
Sec. 20.
new text begin
[299A.625] PUBLIC SAFETY INNOVATION BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The Public Safety Innovation Board is established in the
Office of Justice Programs within the Department of Public Safety. The board has the powers
and duties described in this section.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The Public Safety Innovation Board is composed of the
following members:
new text end
new text begin
(1) three individuals with experience conducting research in the areas of crime, policing,
or sociology while employed by an academic or nonprofit entity, appointed by the governor;
new text end
new text begin
(2) five individuals appointed by the governor of whom:
new text end
new text begin
(i) one shall be a victim of a crime or an advocate for victims of crime;
new text end
new text begin
(ii) one shall be a person impacted by the criminal justice system or an advocate for
defendants in criminal cases; and
new text end
new text begin
(iii) one shall have a background in social work;
new text end
new text begin
(3) four members representing the community-specific boards established under sections
3.922 and 15.0145, with one appointment made by each board; and
new text end
new text begin
(4) three members representing law enforcement, with one appointment by the Minnesota
Sheriffs' Association, one by the Minnesota Chiefs of Police Association, and one by the
Minnesota Police and Peace Officers Association.
new text end
new text begin
(b) The members of the board shall elect one member to serve as chair.
new text end
new text begin Subd. 3. new text end
new text begin Terms; removal; vacancy. new text end
new text begin
(a) Members are appointed to serve three-year
terms following the initial staggered-term lot determination and may be reappointed.
new text end
new text begin
(b) Initial appointment of members must take place by August 1, 2023. The initial term
of members appointed under paragraph (a) shall be determined by lot by the secretary of
state and shall be as follows:
new text end
new text begin
(1) five members shall serve one-year terms;
new text end
new text begin
(2) five members shall serve two-year terms; and
new text end
new text begin
(3) five members shall serve three-year terms.
new text end
new text begin
(c) A member may be removed by the appointing authority at any time for cause, after
notice and hearing.
new text end
new text begin
(d) If a vacancy occurs, the appointing authority shall appoint a new qualifying member
within 90 days.
new text end
new text begin
(e) Compensation of board members is governed by section 15.0575.
new text end
new text begin Subd. 4. new text end
new text begin Powers and duties. new text end
new text begin
The board shall improve public safety by increasing the
efficiency, effectiveness, and capacity of public safety providers and has the following
powers and duties:
new text end
new text begin
(1) monitoring trends in crime within Minnesota;
new text end
new text begin
(2) reviewing research on criminal justice and public safety;
new text end
new text begin
(3) providing information on criminal trends and research to the commissioner,
municipalities, and the legislature;
new text end
new text begin
(4) providing advice on awarding grants;
new text end
new text begin
(5) providing advice on evaluating grant applications to assure compliance with
evidence-based practices;
new text end
new text begin
(6) providing advice on assuring an efficient and expeditious distribution of grant funds;
and
new text end
new text begin
(7) working with the Minnesota Statistical Analysis Center to identify appropriate
outcomes to track on an annual basis for both programs receiving grants and local
communities for the purpose of monitoring trends in public safety and the impact of specific
programmatic models.
new text end
new text begin Subd. 5. new text end
new text begin Meetings. new text end
new text begin
The board shall meet at least monthly. Meetings of the board are
subject to chapter 13D.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
Each year by January 15, the board shall report to the legislative
committees and divisions with jurisdiction over public safety on the work of the board
conducted pursuant to subdivision 4.
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 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 the funds in the violent crime investigation team account were
distributed and how those funds were used by violent crime investigation teamsnew 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.
new text begin
[299A.86] REWARD ACCOUNT FOR INFORMATION ON MISSING
AND MURDERED INDIGENOUS RELATIVES.
new text end
new text begin Subdivision 1. 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 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 other purposes as authorized under this section.
new text end
new text begin Subd. 2. 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 reward advisory group established under subdivision 3:
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 relative investigation.
new text end
new text begin Subd. 3. 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 paying rewards under this section. 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; and
new text end
new text begin
(6) a representative from the Minnesota Human Trafficking Task Force.
new text end
new text begin
(b) Members serve a term of four years. The advisory group shall meet as necessary but
at a minimum twice per year to carry out its duties. The group shall elect a chair from among
its members. The chair shall serve a term of two years. 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
(c) 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. 4. 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. 5. 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. 6. new text end
new text begin Definition. new text end
new text begin
As used in this section, "missing and murdered Indigenous relatives"
means missing and murdered Indigenous people from or descended from one of the United
States' federally recognized American Indian Tribes.
new text end
Sec. 24.
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;
new text end
new text begin
(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
new text begin
(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;
new text end
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;
new text end
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;
new text end
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;
new text end
new text begin
(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;
new text end
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;
new text end
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;
new text end
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;
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(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;
new text end
new text begin
(20) consult with the Council for Minnesotans of African Heritage established in section
15.0145; and
new text end
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:
new text end
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 commissioner in consultation with 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:
new text end
new text begin
(1) provide services designed to reduce or prevent crimes or other negative behaviors
that target Black women or girls;
new text end
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
new text end
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 commissioner in
consultation with the office.
new text end
new text begin
(d) Grant recipients must provide an annual report to the office 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
new text end
new text begin
(3) any other information required by the office.
new text end
new text begin
(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 shall 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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 25.
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. 26.
new text begin
[299C.061] STATE FRAUD UNIT.
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.
new text end
new text begin
(1) "Fraud" includes any violation of sections 609.466, 609.611, 609.651, 609.7475, or
609.821.
new text end
new text begin
(2) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin
(3) "State agency" has the meaning given in section 13.02, subdivision 17.
new text end
new text begin
(4) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end
new text begin
(5) "Unit" means the State Fraud Unit housed at the Bureau of Criminal Apprehension.
new text end
new text begin Subd. 2. new text end
new text begin State Fraud Unit. new text end
new text begin
The superintendent shall form a State Fraud Unit within the
Bureau of Criminal Apprehension to conduct investigations into fraud involving state-funded
programs or services subject to availability of funds.
new text end
new text begin Subd. 3. new text end
new text begin Mandatory referral; duty to investigate. new text end
new text begin
A state agency shall refer all
suspected fraudulent activity under the provisions noted within subdivision 1, clause (1),
equaling $100,000 or more, to the unit for evaluation and investigation or appropriate
referral. Upon receipt of this referral, the unit shall review and, where appropriate, conduct
criminal investigations into such allegations. The unit has sole discretion as to which
allegations are investigated further, referred back to the reporting agency for appropriate
regulatory investigation, or referred to another law enforcement agency with appropriate
jurisdiction.
new text end
new text begin Subd. 4. new text end
new text begin Discretionary referral. new text end
new text begin
(a) A state agency may refer suspected fraudulent
activity related to any state-funded programs or services equaling less than $100,000 to the
unit for investigation. Upon referral, the unit shall:
new text end
new text begin
(1) accept the referral and, where appropriate, conduct criminal investigations into the
allegations and make appropriate referrals for criminal prosecution; or
new text end
new text begin
(2) redirect the referral to another appropriate law enforcement agency or civil
investigative authority, offering assistance where appropriate.
new text end
new text begin Subd. 5. new text end
new text begin State agency reporting. new text end
new text begin
By January 15 of each year, each state agency must
report all suspected fraudulent activities equaling $10,000 or more to the unit to be
summarized in the report under subdivision 6.
new text end
new text begin Subd. 6. new text end
new text begin State Fraud Unit annual report. new text end
new text begin
By February 1 of each odd-numbered year,
the superintendent shall report to the commissioner, the governor, and the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety finance
and policy the following information about the unit:
new text end
new text begin
(1) the number of investigations initiated;
new text end
new text begin
(2) the number of allegations investigated;
new text end
new text begin
(3) the outcomes or current status of each investigation;
new text end
new text begin
(4) the charging decisions made by the prosecuting authority of incidents investigated
by the unit;
new text end
new text begin
(5) the number of plea agreements reached in incidents investigated by the unit;
new text end
new text begin
(6) the number of reports received under subdivision 5; and
new text end
new text begin
(7) any other information relevant to the unit's mission.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Referrals to the unit under subdivisions 3 and 4 may begin on
January 1, 2024.
new text end
Sec. 27.
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 deleted text begin the Bureau of Criminal
Apprehensiondeleted text end new text begin a forensic laboratorynew text end . The deleted text begin bureaudeleted text end new text begin laboratorynew text end shall store all restricted sexual
assault examination kits collected by hospitals or law enforcement agencies in the state.
The deleted text begin bureaudeleted text end new text begin laboratory new text end shall retain a restricted sexual assault examination kit for at least 30
months from the date the deleted text begin bureaudeleted text end new text begin laboratorynew text end receives the kit.
new text begin
(c) The receiving forensic laboratory must test the sexual assault examination kit within
90 days of receipt from a hospital or law enforcement agency. Upon completion of testing,
the forensic laboratory will update the kit-tracking database to indicate that testing is
complete. The forensic laboratory must notify the submitting agency when any kit testing
does not meet the 90-day deadline and provide an estimated time frame for testing
completion.
new text end
Sec. 28.
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. 29.
Minnesota Statutes 2022, section 299N.02, subdivision 3, is amended to read:
Subd. 3.
Powers and duties.
(a) The board shall:
(1) review fire service training needs and make recommendations on training to Minnesota
fire service organizations;
(2) establish standards for educational programs for the fire service and develop
procedures for continuing oversight of the programs;
(3) establish qualifications for fire service training instructors in programs established
under clause (2);
(4) maintain a list of instructors that have met the qualifications established under clause
(3), subject to application procedures and requirements established by the board; and
(5) license full-time firefighters and volunteer firefighters under this chapter.
(b) The board may:
(1) hire or contract for technical or professional services according to section 15.061;
(2) pay expenses necessary to carry out its duties;
(3) apply for, receive, and accept grants, gifts, devises, and endowments that any entity
may make to the board for the purposes of this chapter and may use any money given to it
consistent with the terms and conditions under which the money was received and for the
purposes stated;
(4) accept funding from the fire safety account and allocate funding to Minnesota fire
departments in the form of reimbursements that are consistent with the board's
recommendations and the Department of Public Safety firefighter training;
new text begin
(5) accept funding from the general fund and allocate funding to Minnesota Board of
Firefighter Training and Education for reimbursements that are consistent with the board's
recommendations and the Department of Public Safety firefighter training;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end set guidelines regarding how the allocated reimbursement funds must be disbursed;
deleted text begin (6)deleted text end new text begin (7)new text end set and make available to the fire service standards governing the use of funds
reimbursed under this section;
deleted text begin (7)deleted text end new text begin (8)new text end make recommendations to the legislature to improve the quality of firefighter
training;
deleted text begin (8)deleted text end new text begin (9)new text end collect and provide data, subject to section 13.03;
deleted text begin (9)deleted text end new text begin (10)new text end conduct studies and surveys and make reports; and
deleted text begin (10)deleted text end new text begin (11)new text end conduct other activities necessary to carry out its duties.
Sec. 30.
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. 31.
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. 32.
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) solicit, receive, and compile information from community organizations, school
districts and charter schools, and individuals regarding 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, and compile data in the
aggregate on the nature and extent of such incidents and include summary data as defined
by section 13.02, subdivision 19, on this information in the report required under clause
(12), disaggregated by the type of incident and the actual or perceived characteristic for
which the person was targeted. The commissioner shall provide information on the
department's website about when and how a victim can report criminal conduct to a law
enforcement agency. Data collected and maintained under this clause are private data on
individuals as defined in section 13.02, subdivision 12.
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.
new text end
Sec. 33.
Minnesota Statutes 2022, section 609.11, subdivision 8, is amended to read:
Subd. 8.
Motion by prosecutornew text begin ; dangerous weapons casesnew text end .
(a) Except as otherwise
provided in deleted text begin paragraphsdeleted text end new text begin paragraph new text end (b) deleted text begin and (c)deleted text end , prior to the time of sentencing, the prosecutor
may file a motion to have the defendant sentenced without regard to the mandatory minimum
deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end new text begin in subdivision 4new text end . The motion shall be
accompanied by a statement on the record of the reasons for it. When presented with the
motion, or on its own motion, the court may sentence the defendant without regard to the
mandatory minimum deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end new text begin in subdivision 4 new text end if the
court finds substantial and compelling reasons to do so. A sentence imposed under this
subdivision is a departure from the Sentencing Guidelines.
(b) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
without regard to the mandatory minimum deleted text begin sentencesdeleted text end new text begin sentence new text end established deleted text begin by this sectiondeleted text end
new text begin in subdivision 4 new text end if the defendant previously has been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.
deleted text begin
(c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
without regard to the mandatory minimum sentences established by subdivision 5, if the
defendant was convicted of a crime under section 152.021, subdivision 1, or 152.022,
subdivision 1, and the person or an accomplice possessed on their person or within immediate
reach, or used, whether by brandishing, displaying, threatening with, or otherwise employing,
a firearm.
deleted 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. 34.
Minnesota Statutes 2022, section 609.11, is amended by adding a subdivision to
read:
new text begin Subd. 8a. new text end
new text begin Motion by prosecutor; firearms cases. new text end
new text begin
(a) Except as otherwise provided in
paragraphs (c) and (d), prior to the time of sentencing, the prosecutor may file a motion to
have the defendant sentenced without regard to the mandatory minimum sentence established
in subdivision 5 for a case in which the basis for the mandatory sentence is that the
defendant's accomplice had a firearm in possession at the time of the offense. The motion
may be made only if the defendant was unaware that the accomplice possessed the firearm.
No motion to sentence a defendant without regard to the mandatory sentence applicable in
subdivision 5 may be made or granted for any other reason or in any other situation.
new text end
new text begin
(b) The motion under paragraph (a) shall be accompanied by a statement on the record
of the reasons for the motion. When presented with the motion, or on its own motion, the
court may sentence the defendant without regard to the mandatory minimum sentence
established in subdivision 5 if the court finds that the criteria in paragraph (a) have been
met and there are substantial and compelling reasons to do so. A sentence imposed under
this subdivision is a departure from the Sentencing Guidelines.
new text end
new text begin
(c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
described in paragraph (a) without regard to the mandatory minimum sentence established
in subdivision 5 if the defendant previously had been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.
new text end
new text begin
(d) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
described in paragraph (a) without regard to the mandatory minimum sentence established
by subdivision 5 if the defendant was convicted of a crime under section 152.021, subdivision
1, or 152.022, subdivision 1, and the person or an accomplice possessed on their person or
within immediate reach, or used, whether by brandishing, displaying, threatening with, or
otherwise employing, a firearm.
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. 35.
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. 36.
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. 37.
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. 38.
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. 39.
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 terms in this subdivision have
the meanings given.
new text end
new text begin
(b) "Article surveillance system" means any electronic device or other security device
that is designed to detect or prevent the unauthorized removal of retail merchandise from
a retailer.
new text end
new text begin
(c) "Organized retail theft enterprise" means an ongoing criminal enterprise having retail
theft as one of its goals in which two or more individuals participate. The term does not
require that the same individuals participate in each offense.
new text end
new text begin
(d) "Retailer" means a person or entity that sells retail merchandise.
new text end
new text begin
(e) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.
new text end
new text begin
(f) "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) Whoever, while acting as a participant in an
organized retail theft enterprise, steals or fraudulently obtains retail merchandise from a
retailer commits organized retail theft and may be sentenced as provided in subdivision 3
if the actor:
new text end
new text begin
(1)(i) resells or intends to resell the retail merchandise;
new text end
new text begin
(ii) advertises or displays any item of the retail merchandise for sale;
new text end
new text begin
(iii) returns any item of the retail merchandise to a retailer for anything of value; or
new text end
new text begin
(iv) steals retail merchandise within five years of a conviction under this section; and
new text end
new text begin
(2) has, while acting as a participant in an organized retail theft enterprise, committed
an act described in clause (1) or in paragraph (b), or a combination of the two, on at least
two occasions in the preceding six months.
new text end
new text begin
(b) Whoever, while acting as a participant in an organized retail theft enterprise, receives,
purchases, or possesses retail merchandise knowing or having reason to know the retail
merchandise was stolen from a retailer and with the intent to resell that merchandise may
be sentenced as provided in subdivision 3 if the person has, while acting as a participant in
an organized retail theft enterprise, committed an act described in this paragraph or an act
described in paragraph (a), clause (1), or a combination of the two, on at least two occasions
in the preceding six months.
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;
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; 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 paragraph.
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. 40.
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. 41.
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.
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. 42.
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. 43.
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. 44.
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. 45.
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. 46.
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. 47.
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. 48.
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. 49.
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. 50.
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. 51.
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. 52.
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. 53.
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 deleted text begin the offender was motivated to commit the
act bydeleted text end new text begin the act 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. 54.
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, 2025, 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. 55.
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. 56.
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 motivated 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 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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 57.
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, national origin, 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 58.
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 ;
new text end
(2)new text begin 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;
new text end
new text begin
(3) mandate that a portable recording system be:
new text end
new text begin
(i) worn where it affords an unobstructed view, and above the mid-line of the waist;
new text end
new text begin
(ii) activated during all contacts with citizens in the performance of official duties other
than community engagement, to the extent practical without compromising officer safety;
and
new text end
new text begin
(iii) activated when the officer arrives on scene of an incident and remain active until
the conclusion of the officer's duties at the scene of the incident;
new text end
new text begin
(4) 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 (5) new text end procedures for testing the portable recording system to ensure adequate functioning;
deleted text begin (3)deleted text end new text begin (6)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 (7)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 (8)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 (9)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 (10)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 (11)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. 59.
new text begin
[626.8516] INTENSIVE COMPREHENSIVE PEACE OFFICER
EDUCATION AND 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 college degree holders. 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 reimburse law enforcement agencies that recruit,
educate, and train highly qualified college graduates to become licensed peace officers in
the state.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility for reimbursement 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 reimbursement of
the cost of educating, training, paying, and insuring 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 reimburse an agency for the actual cost of educating, training,
paying, and insuring an eligible peace officer candidate up to $50,000.
new text end
new text begin
(c) The commissioner shall not award a grant under this section until the candidate has
been licensed by the board.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility for retention bonus reimbursement grant. new text end
new text begin
(a) The chief law
enforcement officer of a law enforcement agency may apply to the commissioner for a
onetime reimbursement grant for a retention bonus awarded to an eligible peace officer
candidate after the candidate has worked for a minimum of two years as a licensed peace
officer for the applicant's agency.
new text end
new text begin
(b) The commissioner must reimburse an agency for the actual cost of an eligible retention
bonus up to $10,000.
new text end
new text begin Subd. 5. new text end
new text begin Eligibility for student loan reimbursement grant. new text end
new text begin
(a) An eligible peace officer
candidate, after serving for three consecutive years as a licensed peace officer in good
standing for a law enforcement agency, may apply to the commissioner for a grant to cover
student loan debt incurred by the applicant in earning the applicant's four-year degree.
new text end
new text begin
(b) The commissioner shall reimburse the applicant for the amount of the applicant's
student loan debt up to $20,000.
new text end
new text begin Subd. 6. new text end
new text begin Forms. new text end
new text begin
The commissioner must prepare the necessary grant application forms
and make them available on the agency's public website.
new text end
new text begin Subd. 7. new text end
new text begin Intensive education and skills training program. new text end
new text begin
No later than February 1,
2024, the commissioner, in consultation with the executive director of the board and the
institutions designated as education providers under subdivision 8, 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
8. The curriculum may overlap, coincide with, or draw upon existing law enforcement
education and training programs at institutions designated as education providers under
subdivision 8. The commissioner 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 purposes of this
section.
new text end
new text begin Subd. 8. new text end
new text begin Education providers; sites. new text end
new text begin
(a) No later than September 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. 9. 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) holds a four-year degree from an accredited college or university;
new text end
new text begin
(2) is a citizen of the United States;
new text end
new text begin
(3) passed a thorough background check, including searches by local, state, and federal
agencies, to disclose the existence of any criminal record or conduct which would adversely
affect the candidate's performance of peace officer duties;
new text end
new text begin
(4) possesses a valid Minnesota driver's license or, in case of residency therein, a valid
driver's license from another state, or eligibility to obtain either license; and
new text end
new text begin
(5) is sponsored by a state or local law enforcement agency.
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
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 60.
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 practicesnew text begin , including but not
limited to reimbursing 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 . This funding
shall be named the "Philando Castile Memorial
Training Fund."
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualifications, including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provided; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
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. 61. new text begin EXCEPTION TO TOLLING PERIOD.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 299A.47, a claim for benefits may be made
from the public safety officer's death benefit account by or on behalf of a survivor of a
public safety officer who died by suicide between January 1, 2017, and June 30, 2023,
within two years of the effective date of this act if the officer is considered killed in the line
of duty under the changes made to Minnesota Statutes, section 299A.41, in this act.
new text end
Sec. 62. new text begin INITIAL APPOINTMENT AND FIRST MEETING FOR THE REWARD
ADVISORY GROUP FOR THE OFFICE OF MISSING AND MURDERED
INDIGENOUS RELATIVES.
new text end
new text begin
The Director of the Office of Missing and Murdered Indigenous Relatives must appoint
the first members to the reward advisory group under Minnesota Statutes, section 299A.86,
subdivision 3, 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. 63. 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. 64. new text begin REVISOR INSTRUCTION.
new text end
new text begin
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
Sec. 65. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 299C.80, subdivision 7,
new text end
new text begin
is repealed.
new text end
ARTICLE 4
CORRECTIONS
Section 1.
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. 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
Sec. 2.
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. 3.
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. 4.
Minnesota Statutes 2022, section 244.052, subdivision 4a, is amended to read:
Subd. 4a.
Level III offenders; location of residence.
(a) When an offender assigned
to risk level III is released from confinement or a residential facility to reside in the
community or changes residence while on supervised or conditional release, the agency
responsible for the offender's supervision shallnew text begin :
new text end
new text begin (1)new text end take into consideration the proximity of the offender's residence to that of other level
III offenders deleted text begin anddeleted text end new text begin ;
new text end
new text begin (2) take into consideration thenew text end proximity new text begin of the offender's residence new text end to schoolsnew text begin , day care
centers, residences for vulnerable adults, and locations where children commonly gather; new text end
anddeleted text begin ,
deleted text end
new text begin (3) new text end to the greatest extent feasible, deleted text begin shalldeleted text end mitigate the concentration of level III offenders
and concentration of level III offenders near schoolsnew text begin , day care centers, residences for
vulnerable adults, and locations where children commonly gathernew text end .
(b) If the owner or property manager of a hotel, motel, lodging establishment, or
apartment building has an agreement with an agency that arranges or provides shelter for
victims of domestic abuse, the owner or property manager may not knowingly rent rooms
to both level III offenders and victims of domestic abuse at the same time. If the owner or
property manager has an agreement with an agency to provide housing to domestic abuse
victims and discovers or is informed that a tenant is a level III offender after signing a lease
or otherwise renting to the offender, the owner or property manager may evict the offender.
new text begin
(c) Notwithstanding any contrary provision of this section, chapter 253B or 253D, or
any other law, a local governmental unit may, by ordinance, place reasonable residency
location restrictions on level III offenders who have committed offenses involving children
and who are on supervised or conditional release or provisional discharge under chapter
253D. A restriction must be narrowly tailored to address the risk posed based on the pattern
of offending behavior and may not completely preclude the placement of an offender in the
community. In addition, a restriction may not apply to placements at a location where an
offender receives treatment or where the location is owned, leased, or operated by or on
behalf of the state or federal government.
new text end
Sec. 5.
new text begin
[244.40] RELEASE OF INMATES; RESIDENCE PROXIMITY TO VICTIMS.
new text end
new text begin
(a) When a person is released from prison to reside in the community while under
supervised or conditional release, the agency responsible for the person's supervision, in
consultation with the commissioners of corrections and public safety, shall:
new text end
new text begin
(1) take into consideration the proximity of the person's residence to those of individuals
who have been victimized by crime in the past; and
new text end
new text begin
(2) to the greatest extent feasible, mitigate the concentration of released persons to crime
victims where the person's past documented conduct or pattern of offending indicates that
the person might conceivably target the crime victim.
new text end
new text begin
(b) This section applies only to situations in which the housing for the person being
released from prison, the housing for the crime victim, or both, is paid for, in whole or in
part, pursuant to a federal, state, or local appropriation or a grant awarded from such an
appropriation.
new text end
Sec. 6.
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) A "major participant" under paragraph (b) is one 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) was not present at the time of the commission of the underlying felony but coerced
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
(3) impeded another person from preventing the death either by physical action or by
threat of physical action when 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.
new text end
Sec. 7.
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. 8.
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. 9. 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 is entitled to petition to have the person's conviction
vacated pursuant to this section if the person was:
new text end
new text begin
(1) charged with aiding and abetting first-degree murder under Minnesota Statutes,
section 609.185, paragraph (a), clause (3), and thereafter convicted of a violation of
Minnesota Statutes, section 609.185, paragraph (a), clause (3); 609.19, subdivision 1, clause
(1); or 609.19, subdivision 2, clause (1); or
new text end
new text begin
(2) charged with aiding and abetting second-degree unintentional murder under Minnesota
Statutes, section 609.19, subdivision 2, clause (1), and thereafter convicted of a violation
of Minnesota Statutes, section 609.185, paragraph (a), clause (3); 609.19, subdivision 1,
clause (1); or 609.19, subdivision 2, clause (1).
new text end
new text begin Subd. 2. 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); 609.19, subdivision 1, clause (1); 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 did not actually cause the death of a human being or
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
(2) the person was convicted for a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), and did not actually cause the death of a human being or was not
a major participant, as described in Minnesota Statutes, section 609.05, subdivision 2a,
paragraph (c), in the underlying felony who acted with extreme indifference to human life;
or
new text end
new text begin
(3) the person was charged with aiding and abetting first-degree murder under Minnesota
Statutes, section 609.185, paragraph (a), clause (3), or second-degree unintentional murder
under Minnesota Statutes, section 609.19, subdivision 2, clause (1), and thereafter convicted
for a violation of Minnesota Statutes, section 609.19, subdivision 1, clause (1), and did not
actually cause the death of a human being or was not a major participant, as described in
Minnesota Statutes, section 609.05, subdivision 2a, paragraph (c), in the underlying felony
who acted with extreme indifference to human life.
new text end
new text begin
(b) The notice shall include the address of Ramsey County District 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. 3. 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. 4. 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 the applicant was not convicted
of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3); 609.19,
subdivision 1, clause (1); or 609.19, subdivision 2, clause (1), before August 1, 2023, or
the only issues raised in the application are not relevant to the relief available under this
section.
new text end
new text begin
(f) 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 such referral.
new text end
new text begin
(g) 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. 5. 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 receipt of the notice sent pursuant to subdivision 4, paragraph (f), 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 3, paragraph (a), and a statement
of why the petitioner is entitled to relief under this section. 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 receipt 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 petitioner receives the response, unless extended for good cause.
new text end
new text begin
(e) Within 30 days of receipt of the reply from the petitioner or, if no reply is filed,
within 30 days of receipt of the response from the county attorney, the court shall:
new text end
new text begin
(1) issue an order pursuant to subdivision 6 and schedule the matter for sentencing or
resentencing pursuant to subdivision 6, paragraph (e), if the county attorney indicates an
intent to support the petition;
new text end
new text begin
(2) issue an order denying the petition without prejudice if additional information or
submissions establish that there is not a reasonable probability that the applicant is entitled
to relief under this section and 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. 6. 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, as described in Minnesota Statutes, 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) A petitioner who was charged with aiding and abetting first-degree murder under
Minnesota Statutes, section 609.185, paragraph (a), clause (3), and thereafter convicted of
a violation of Minnesota Statutes, section 609.19, subdivision 1, 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, as described in Minnesota Statutes, 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
(d) A petitioner who was charged with aiding and abetting second-degree unintentional
murder under Minnesota Statutes, section 609.19, subdivision 2, clause (1), and thereafter
convicted of a violation of Minnesota Statutes, section 609.19, subdivision 1, 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, as described in Minnesota Statutes, 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
(e) 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 the most serious 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
(f) 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
(g) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end
new text begin
(h) 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 period of confinement or, if the petitioner was
serving a stayed sentence, increase the period of supervision. 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
(i) 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
(j) Appeals from an order of the court issued under this subdivision may be made pursuant
to Minnesota Statutes, section 590.06.
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. 10. 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 the day following final enactment.
new text end
ARTICLE 5
CLEMENCY PROVISIONS
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 ; and
(2) "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 name of the 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 30 calendar
days before the commission meeting at which the application will be heard, the commission
must notify the sentencing judge and prosecuting attorney or their successors of the
application and 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 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
(c) 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) 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 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
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'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
(8) 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
(9) for an applicant under the department's custody, the adequacy of the applicant's
reentry plan;
new text end
new text begin
(10) 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
(11) 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
(12) 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 denying 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 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;
new text end
new text begin
(3) any recording of the commission's meeting related to the application; and
new text end
new text begin
(4) 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 recommendation.
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 clemency applications that have received favorable recommendations under section
638.09, subdivision 1, paragraph (a), clauses (2) and (3), from the commission and any
other applications for which at least one board member seeks consideration.
new text end
new text begin
(b) Any board member may request a hearing on any application.
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, and law enforcement agencies
may not submit oral or written statements at a board meeting unless:
new text end
new text begin
(1) a board member requests a hearing on an application; or
new text end
new text begin
(2) the commission has recommended a hearing on an application.
new text end
new text begin
(b) The board must consider any statements provided to the commission when
determining whether to consider 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 denying an application and no board member seeks
consideration of the recommendation, it is presumed that the board concurs with the adverse
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
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; and
new text end
new text begin
(3) send a copy of the order and the pardon to the Bureau of Criminal Apprehension.
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.
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) allow for expedited review of applications if there is unanimous support from the
sentencing judge or successor, the prosecuting attorney or successor, and any victims of the
crime.
new text end
new text begin
(b) 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
(a) Beginning August 1, 2023, through March 1, 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 21.
new text end
new text begin
(b) Beginning July 1, 2024, the Clemency Review Commission must begin reviewing
applications for pardons, commutations, and reprieves. Applications received after the
effective date of this section but before July 1, 2024, must be considered according to
Minnesota Statutes 2022, sections 638.02, subdivisions 2 to 5, and 638.03 to 638.08.
new text end
new text begin
(c) 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
(d) By July 1, 2024, the Clemency Review Commission must develop application forms
in consultation with the Board of Pardons.
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 6
911 EMERGENCY COMMUNICATION SYSTEM
Section 1.
Minnesota Statutes 2022, section 403.02, subdivision 7, is amended to read:
Subd. 7.
Automatic location identification.
"Automatic location identification" means
the process of electronically identifying and displaying deleted text begin the name of the subscriber and the
locationdeleted text end , where available, deleted text begin of the calling telephone numberdeleted text end new text begin the name of the subscriber, the
communications device's current location, and the callback numbernew text end to a deleted text begin persondeleted text end new text begin public safety
telecommunicatornew text end answering a 911 emergency call.
Sec. 2.
Minnesota Statutes 2022, section 403.02, subdivision 9a, is amended to read:
Subd. 9a.
Callback number.
"Callback number" means a new text begin telephone new text end number new text begin or
functionally equivalent Internet address or device identification number new text end used by the public
safety answering point to deleted text begin recontactdeleted text end new text begin contactnew text end the deleted text begin locationdeleted text end new text begin devicenew text end from which the 911 call was
placed.
Sec. 3.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin Cost recovery. new text end
new text begin
"Cost recovery" means costs incurred by
commissioner-approved originating service providers specifically for the purpose of providing
access to the 911 network for their subscribers or maintenance of 911 customer databases.
These costs may be reimbursed to the requesting originating service provider. Recoverable
costs include only those costs that the requesting provider would avoid if the provider were
not providing access to the 911 network or maintenance of 911 customer databases.
new text end
Sec. 4.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 10b. new text end
new text begin Cybersecurity. new text end
new text begin
"Cybersecurity" means the prevention of damage to,
unauthorized use of, exploitation of, and if needed, the restoration of, electronic information
and communications systems and services and the information contained therein to ensure
confidentiality, integrity, and availability.
new text end
Sec. 5.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 10c. new text end
new text begin
Emergency communications network service provider
(ECNSP).
new text end
new text begin
"Emergency communications network service provider" or "ECNSP" means a
service provider, determined by the commissioner to be capable of providing effective and
efficient components of the 911 network or its management that provides or manages all
or portions of the statewide 911 emergency communications network. The ECNSP is the
entity or entities that the state contracts with to provide facilities and services associated
with operating and maintaining the Minnesota statewide 911 network.
new text end
Sec. 6.
Minnesota Statutes 2022, section 403.02, subdivision 11b, is amended to read:
Subd. 11b.
Emergency response location.
"Emergency response location" means a
location to which deleted text begin adeleted text end 911 deleted text begin emergency response teamdeleted text end new text begin servicesnew text end may be dispatched. The location
must be specific enough to provide a reasonable opportunity for deleted text begin the emergency response
team to locatedeleted text end a caller new text begin to be located new text end anywhere within it.
Sec. 7.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 11c. new text end
new text begin Emergency services. new text end
new text begin
"Emergency services" includes but is not limited to
firefighting, police, ambulance, medical, or other mobile services dispatched, monitored,
or controlled by a public safety answering point.
new text end
Sec. 8.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 11d. new text end
new text begin Emergency Services Internet (ESInet). new text end
new text begin
"Emergency Services Internet" or
"ESInet" means an Internet protocol-based and multipurpose network supporting local,
regional, and national public safety communications services in addition to 911 services.
The ESInet is comprised of three network components, including ingress network, next
generation core services, and egress network.
new text end
Sec. 9.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 12a. new text end
new text begin End user equipment. new text end
new text begin
"End user equipment" means any device held or
operated by an employee of a public safety agency, except for public safety
telecommunicators, for the purpose of receiving voice or data communications outside of
a public safety answering point. This includes but is not limited to mobile radios, portable
radios, pagers, mobile computers, tablets, and cellular telephones.
new text end
Sec. 10.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 13a. new text end
new text begin Geographical Information System (GIS). new text end
new text begin
"Geographical Information
System" or "GIS" means a system for capturing, storing, displaying, analyzing, and managing
data and associated attributes that are spatially referenced.
new text end
Sec. 11.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 14a. new text end
new text begin Internet protocol (IP). new text end
new text begin
"Internet protocol" or "IP" means the method by
which data are sent from one computer to another on the Internet or other networks.
new text end
Sec. 12.
Minnesota Statutes 2022, section 403.02, subdivision 16a, is amended to read:
Subd. 16a.
Multiline telephone systemnew text begin (MLTS)new text end .
"Multiline telephone system" new text begin or
"MLTS" new text end means a deleted text begin private telephonedeleted text end system comprised of common control units, deleted text begin telephones,
anddeleted text end new text begin telephone sets,new text end control hardware deleted text begin anddeleted text end new text begin ,new text end software deleted text begin that share a common interface to the
public switched telephone networkdeleted text end new text begin , and adjunct systems used to support the capabilities
outlined in this chapternew text end . This includes network and premises-based systems new text begin such as Centrex,
VoIP, PBX, Hybrid, and Key Telephone Systems, as classified by the Federal
Communications Commission requirements under Code of Federal Regulations, title 47,
part 68, new text end and systems owned or leased by governmental agencies deleted text begin anddeleted text end new text begin ,new text end nonprofit entities, deleted text begin as
well asdeleted text end new text begin andnew text end for-profit businesses.
Sec. 13.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16c. new text end
new text begin Next generation core services (NGCS). new text end
new text begin
"Next generation core services" or
"NGCS" means the base set of services needed to process a 911 call on an ESInet. These
services include but are not limited to the Emergency Services Routing Proxy, Emergency
Call Routing Function, Location Validation Function, Border Control Function, Bridge,
Policy Store, Logging Services, and typical IP services such as DNS and DHCP. Next
generation core services includes only the services and not the network on which they
operate.
new text end
Sec. 14.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16d. new text end
new text begin Next generation 911 (NG911). new text end
new text begin
"Next generation 911" or "NG911" means
an Internet protocol-based system comprised of managed Emergency Services IP networks,
functional elements and applications, and databases that replicate the traditional E911
features and functions and that also provides additional capabilities based on industry
standards. NG911 is designed to provide access to emergency services from all connected
communications services and provide multimedia data capabilities for public safety answering
points and other emergency services organizations.
new text end
Sec. 15.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16e. new text end
new text begin 911 call. new text end
new text begin
"911 call" means any form of communication requesting any type
of emergency services by contacting a public safety answering point, including voice or
nonvoice communications, as well as transmission of any analog or digital data. 911 call
includes a voice call, video call, text message, or data-only call.
new text end
Sec. 16.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16f. new text end
new text begin 911 network. new text end
new text begin
"911 network" means:
new text end
new text begin
(1) a legacy telecommunications network that supports basic and enhanced 911 service;
or
new text end
new text begin
(2) the ESInet that is used for 911 calls that can be shared by all public safety answering
points and that provides the IP transport infrastructure upon which independent public safety
application platforms and core functional processes can be deployed, including but not
limited to those necessary for providing next generation 911 service capability.
new text end
new text begin
A network may be constructed from a mix of dedicated and shared facilities and may be
interconnected at local, regional, state, national, and international levels.
new text end
Sec. 17.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16g. new text end
new text begin 911 system. new text end
new text begin
"911 system" means a coordinated system of technologies,
networks, hardware, and software applications that a public safety answering point must
procure and maintain in order to connect to the state 911 network and provide 911 services.
new text end
Sec. 18.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16h. new text end
new text begin Originating service provider (OSP). new text end
new text begin
"Originating service provider" or
"OSP" means an entity that provides the capability for customers to originate 911 calls to
public safety answering points, including wire-line communications service providers, Voice
over Internet Protocol service providers, and wireless communications service providers.
new text end
Sec. 19.
Minnesota Statutes 2022, section 403.02, subdivision 17, is amended to read:
Subd. 17.
911 service.
"911 service" means deleted text begin a telecommunications service that
automatically connects a person dialing the digits 911 to an established public safety
answering point. 911 service includes:deleted text end new text begin the emergency response service a public safety
answering point provides as a result of processing 911 calls through its 911 system.
new text end
deleted text begin
(1) customer data and network components connecting to the common 911 network and
database;
deleted text end
deleted text begin
(2) common 911 network and database equipment, as appropriate, for automatically
selectively routing 911 calls to the public safety answering point serving the caller's
jurisdiction; and
deleted text end
deleted text begin
(3) provision of automatic location identification if the public safety answering point
has the capability of providing that service.
deleted text end
Sec. 20.
Minnesota Statutes 2022, section 403.02, subdivision 17c, is amended to read:
Subd. 17c.
deleted text begin 911deleted text end new text begin Public safetynew text end telecommunicator.
"deleted text begin 911deleted text end new text begin Public safetynew text end telecommunicator"
means a person employed by a public safety answering point, an emergency medical dispatch
service provider, or both, who is qualified to answer incoming emergency telephone callsnew text begin ,
text messages, and computer notificationsnew text end or provide for the appropriate emergency response
either directly or through communication with the appropriate public safety answering point.
Sec. 21.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 17e. new text end
new text begin Point of interconnection (POI). new text end
new text begin
"Point of interconnection" or "POI" means
the location or locations within the 911 network where OSPs deliver 911 calls on behalf of
their users or subscribers for delivery to the appropriate public service answering point.
new text end
Sec. 22.
Minnesota Statutes 2022, section 403.02, subdivision 18, is amended to read:
Subd. 18.
Public safety agency.
"Public safety agency" means deleted text begin a functional division of
a public agency which provides firefighting, police, medical, or other emergency services,
or a private entity which provides emergency medical or ambulance servicesdeleted text end new text begin an agency that
provides emergency services to the publicnew text end .
Sec. 23.
Minnesota Statutes 2022, section 403.02, subdivision 19, is amended to read:
Subd. 19.
Public safety answering pointnew text begin (PSAP)new text end .
"Public safety answering point" new text begin or
"PSAP" new text end means a new text begin governmental agency operating a 24-hour new text end communications facility deleted text begin operated
on a 24-hour basis whichdeleted text end new text begin thatnew text end first receives 911 new text begin and other emergency new text end calls deleted text begin from persons in
a 911 service area and which may, as appropriatedeleted text end , new text begin central station notifications, text messages,
and computer notifications and new text end directly deleted text begin dispatch public safetydeleted text end new text begin dispatches emergency responsenew text end
services or deleted text begin extend, transfer, or relay 911 callsdeleted text end new text begin relays communicationsnew text end to appropriate public
safety agenciesnew text begin according to a specific operational policynew text end .
Sec. 24.
Minnesota Statutes 2022, section 403.02, subdivision 19a, is amended to read:
Subd. 19a.
Secondary public safety answering point.
"Secondary public safety
answering point" means a communications facility thatdeleted text begin : (1) is operated on a 24-hour basis,
in which a minimum of three public safety answering points (PSAPs) route calls for
postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to
reduce call volume at the PSAPs; and (3) is able to receive 911 calls routed to it from a
PSAP when the PSAP is unable to receive or answer 911 callsdeleted text end new text begin receives calls transferred
from a public safety answering point and is connected to the 911 networknew text end .
Sec. 25.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19c. new text end
new text begin Public Utilities Commission (PUC). new text end
new text begin
"Public Utilities Commission" or
"PUC" means the Minnesota state commission defined in section 216A.03.
new text end
Sec. 26.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19d. new text end
new text begin Regional board. new text end
new text begin
"Regional board" means one of the seven emergency
services and emergency communications boards in this state.
new text end
Sec. 27.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19e. new text end
new text begin Service user. new text end
new text begin
"Service user" means any person who initiates a 911 call to
receive emergency services.
new text end
Sec. 28.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19f. new text end
new text begin Voice over Internet Protocol (VoIP) service provider. new text end
new text begin
"Voice over Internet
Protocol service provider" or "VoIP service provider" means an entity that provides distinct
packetized voice information in a digital format using the Internet protocol directly or
through a third party, marketed or sold as either a telephone service or an information service
interconnected with the PSTN, including both facilities-based service providers and resellers
of such services.
new text end
Sec. 29.
Minnesota Statutes 2022, section 403.02, subdivision 20, is amended to read:
Subd. 20.
Wire-line deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service provider.
"Wire-line
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service provider" means a person, firm, association,
corporation, or other legal entity, however organized, or combination of them, authorized
by state or federal regulatory agencies to furnish deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end
service, including local service, over wire-line facilities.
Sec. 30.
Minnesota Statutes 2022, section 403.02, subdivision 20a, is amended to read:
Subd. 20a.
Wireless deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service.
"Wireless
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service" means a commercial mobile radio service,
as that term is defined in Code of Federal Regulations, title 47, section 20.3, including all
broadband personal communication services, wireless radio telephone services, and
geographic area specialized mobile radio licensees, that offer real-time, two-way voice
service interconnected with the public switched telephone network.
Sec. 31.
Minnesota Statutes 2022, section 403.02, subdivision 21, is amended to read:
Subd. 21.
Wireless deleted text begin telecommunicationsdeleted text end new text begin communications new text end service provider.
"Wireless
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service provider" means a provider of wireless
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service.
Sec. 32.
Minnesota Statutes 2022, section 403.025, is amended to read:
403.025 911 EMERGENCY deleted text begin TELECOMMUNICATIONSdeleted text end new text begin COMMUNICATIONSnew text end
SYSTEM new text begin AND SERVICES new text end REQUIRED.
deleted text begin Subdivision 1. deleted text end
deleted text begin General requirement. deleted text end
deleted text begin
Each county shall operate and maintain a 911
emergency telecommunications system.
deleted text end
Subd. 1a.
Emergency telephone number 911.
The digits 911, so designated by the
Federal Communications Commission, must be the primary emergency telephone number
within the deleted text begin systemdeleted text end new text begin 911 networknew text end . A public safety agency may maintain a separate secondary
backup number for emergency calls and deleted text begin shalldeleted text end new text begin mustnew text end maintain a separate number for
nonemergency telephone calls.
new text begin Subd. 1b. new text end
new text begin State requirements. new text end
new text begin
The commissioner must establish, maintain, and make
available to all counties a statewide interoperable ESInet backbone 911 network that ensures
interoperability between all public safety answering points connected to the network and
meets the requirements of counties operating 911 systems that have an approved update to
their 911 plans.
new text end
new text begin Subd. 1c. new text end
new text begin Contractual requirements. new text end
new text begin
(a) The commissioner must contract with one or
more ECNSPs to deliver the 911 network.
new text end
new text begin
(b) The contract language or subsequent amendments to the contracts between the parties
must contain provisions on how the 911 call routing and location validation data provided
by the counties will be utilized by the ECNSPs, including how data coordination and quality
assurance with the counties will be conducted.
new text end
new text begin
(c) The contract language or subsequent amendments to contracts between the parties
must contain provisions for resolving disputes.
new text end
new text begin
(d) All data required under this chapter or Minnesota Rules, chapter 7580, to route 911
calls, provide caller location, or validate possible 911 caller location information that is
utilized or intended to be utilized by the 911 system must be provided by the counties and
the state without cost and may be utilized by ECNSPs and OSPs for purposes of performing
location data quality assurance, ensuring 911 system performance and statutory compliance.
Use of the data is governed by section 403.07 and Minnesota Rules, chapter 7580.
new text end
new text begin Subd. 1d. new text end
new text begin Intergovernmental agreements. new text end
new text begin
Intergovernmental agreements may be
implemented between the commissioner and counties or regional boards to support 911
system plan changes, communicate the network design, and specify cybersecurity standards.
The commissioner must develop the master agreement in collaboration with the governmental
entity.
new text end
new text begin Subd. 1e. new text end
new text begin County requirements. new text end
new text begin
(a) Each county must operate and maintain a 911
system and provide 911 services.
new text end
new text begin
(b) Each county is responsible for creating and maintaining a master street address guide
and Geographical Information Systems data necessary to support accurate 911 call routing
and location validation required to support the 911 network.
new text end
new text begin Subd. 1f. new text end
new text begin 911 plans. new text end
new text begin
Each participating county, federal, Tribal, or other organization
must maintain and update a 911 plan that accurately documents current operations and 911
system configurations within the public safety answering point in accordance with Minnesota
Rules, chapter 7580. The commissioner must review 911 system plans for compliance with
911 network and cybersecurity standards required under Minnesota Rules, chapter 7580.
new text end
new text begin Subd. 1g. new text end
new text begin Secondary public safety answering point requirements. new text end
new text begin
Secondary public
safety answering points may be required to engage in agreements with the commissioner
regarding network design standards, cybersecurity standards, and 911 fee audits.
new text end
Subd. 2.
Multijurisdictional system.
The new text begin 911 network, 911 services, and new text end 911 systems
may be multijurisdictional and regional in character provided that design and implementation
are preceded by cooperative planning on a county-by-county basis with local public safety
agencies.new text begin An intergovernmental agreement must be in place between the participating
government entities in a multijurisdictional or regional system, and the commissioner must
be notified of the 911 plan change in accordance with Minnesota Rules, chapter 7580.
new text end
Subd. 3.
Connected deleted text begin telecommunicationsdeleted text end new text begin originatingnew text end service provider
requirements.
deleted text begin
Every owner and operator of a wire-line or wireless circuit switched or
packet-based telecommunications system connected to the public switched telephone network
shall design and maintain the system to dial the 911 number without charge to the caller.
deleted text end
new text begin
Every OSP must allow Minnesota customers to access 911 without charge and deliver the
request for emergency assistance to the 911 network at a state-designated POI and provide
caller location information unless there are circumstances beyond the control of the provider
to define a valid caller address, geographic location, and primary place of address.
new text end
new text begin Subd. 3a. new text end
new text begin Originating service provider contractual requirements. new text end
new text begin
(a) The state may
contract with the appropriate wire-line telecommunications service providers or other entities
determined by the commissioner to be eligible for cost recovery for providing access to the
911 network for their subscribers.
new text end
new text begin
(b) The contract language or subsequent amendments to the contract must include a
description of the costs that are being reimbursed. The contract language or subsequent
amendments must include the terms of compensation based on the effective tariff or price
list filed with the Public Utilities Commission or the prices agreed to by the parties.
new text end
new text begin
(c) The contract language or subsequent amendments to contracts between the parties
must contain a provision for resolving disputes.
new text end
deleted text begin Subd. 4. deleted text end
deleted text begin Wireless requirements. deleted text end
deleted text begin
Every owner and operator of a wireless
telecommunications system shall design and maintain the system to dial the 911 number
without charge to the caller.
deleted text end
Subd. 5.
Pay phone requirements.
Every pay phone owner and operator deleted text begin shalldeleted text end new text begin mustnew text end
permit dialing of the 911 number without coin and without charge to the caller.
Subd. 6.
Multistation or PBX system.
Every owner and operator of a multistation or
private branch exchange (PBX) multiline telephone system deleted text begin shalldeleted text end new text begin mustnew text end design and maintain
the system to dial the 911 number without charge to the caller.
deleted text begin Subd. 7. deleted text end
deleted text begin Contractual requirements. deleted text end
deleted text begin
(a) The state shall contract with the county or other
governmental agencies operating public safety answering points and with the appropriate
wire-line telecommunications service providers or other entities determined by the
commissioner to be capable of providing effective and efficient components of the 911
system for the operation, maintenance, enhancement, and expansion of the 911 system.
deleted text end
deleted text begin
(b) The contract language or subsequent amendments to the contract must include a
description of the services to be furnished to the county or other governmental agencies
operating public safety answering points. The contract language or subsequent amendments
must include the terms of compensation based on the effective tariff or price list filed with
the Public Utilities Commission or the prices agreed to by the parties.
deleted text end
deleted text begin
(c) The contract language or subsequent amendments to contracts between the parties
must contain a provision for resolving disputes.
deleted text end
Sec. 33.
Minnesota Statutes 2022, section 403.03, subdivision 2, is amended to read:
Subd. 2.
Telephone cardiopulmonary resuscitation program.
(a) deleted text begin On or before July
1, 2021,deleted text end Every public safety answering point must maintain a telephone cardiopulmonary
resuscitation program by either:
(1) providing each 911 telecommunicator with training in cardiopulmonary resuscitation;
or
(2) transferring callers to another public safety answering point with 911
telecommunicators that have received training in cardiopulmonary resuscitation.
(b) Training in cardiopulmonary resuscitation must, at a minimum, include:
(1) use of an evidence-based protocol or script for providing cardiopulmonary
resuscitation instruction that has been recommended by an academic institution or a nationally
recognized organization specializing in medical dispatch and, if the public safety answering
point has a medical director, approved by that medical director; and
(2) appropriate continuing education, as determined by the evidence-based protocol for
providing cardiopulmonary resuscitation instruction and, if the public safety answering
point has a medical director, approved by that medical director.
(c) A public safety answering point that transfers callers to another public safety
answering point must, at a minimum:
(1) use an evidence-based protocol for the identification of a person in need of
cardiopulmonary resuscitation;
(2) provide each 911 telecommunicator with appropriate training and continuing education
to identify a person in need of cardiopulmonary resuscitation through the use of an
evidence-based protocol; and
(3) ensure that any public safety answering point to which calls are transferred uses 911
telecommunicators who meet the training requirements under paragraph (b).
(d) Each public safety answering point shall conduct ongoing quality assurance of its
telephone cardiopulmonary resuscitation program.
Sec. 34.
Minnesota Statutes 2022, section 403.05, is amended to read:
403.05 911 deleted text begin SYSTEMdeleted text end new text begin NETWORKnew text end OPERATION AND MAINTENANCE.
Subdivision 1.
Operate and maintain.
deleted text begin Each county or any other governmental agency
shalldeleted text end new text begin The commissioner mustnew text end operate and maintain deleted text begin itsdeleted text end new text begin a statewidenew text end 911 deleted text begin system to meetdeleted text end new text begin
network meetingnew text end the requirements deleted text begin of governmental agencies whose services are available
through the 911 system and to permit future expansion or enhancement of the system.deleted text end new text begin set
forth by the commissioner through rules established under chapter 14, including but not
limited to network and data performance measures, diversity, redundancy, interoperability,
and cybersecurity. Each county, federal, Tribal, or other organization connected to the
statewide 911 network must operate and maintain a 911 system that meets the requirements
of governmental agencies whose services are available through the 911 network.
new text end
new text begin Subd. 1a. new text end
new text begin GIS validation and aggregation. new text end
new text begin
The commissioner must provide geospatial
data validation and aggregation tools that counties need in order to share the GIS data
required for the 911 network.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Rule requirements for 911 system plans. deleted text end
deleted text begin
Each county or any other
governmental agency shall maintain and update its 911 system plans as required under
Minnesota Rules, chapter 7580.
deleted text end
new text begin Subd. 2a. new text end
new text begin Responsibilities of PSAPs. new text end
new text begin
(a) Each PSAP connecting to the statewide 911
network must comply with state and, where applicable, regional 911 plans. Federal, Tribal,
or other governmental organizations operating their own 911 systems must be approved by
the commissioner.
new text end
new text begin
(b) Any PSAP not connected to the state 911 network that desires to interact with a 911
system or has an agreement for shared 911 services must be interoperable with the state
911 network.
new text end
Subd. 3.
Agreements for service.
deleted text begin
Each county or any other governmental agency shall
contract with the state for the recurring and nonrecurring costs associated with operating
and maintaining 911 emergency communications systems. If requested by the county or
other governmental agency, the county or agency is entitled to be a party to any contract
between the state and any wire-line telecommunications service provider or 911 emergency
telecommunications service provider providing components of the 911 system within the
county.
deleted text end
new text begin
The state must contract for facilities and services associated with the operation and
maintenance of the statewide 911 network and ESInet. The contract and any subsequent
amendments must include a description of the services to be provided and the terms of
compensation based on the prices agreed to by the parties.
new text end
Sec. 35.
Minnesota Statutes 2022, section 403.06, is amended to read:
403.06 COMMISSIONER'S DUTIES.
Subdivision 1.
System coordination, improvements, variations, and agreements.
The
commissioner deleted text begin shalldeleted text end new text begin maynew text end coordinate new text begin with counties on new text end the new text begin management and new text end maintenance of
new text begin their new text end 911 systems. new text begin If requested, new text end the commissioner deleted text begin shalldeleted text end new text begin mustnew text end aid counties in the formulation
of deleted text begin concepts, methods,deleted text end new text begin their public safety answering point plans, system design plans,
performance and operational requirements,new text end and procedures which will improve the operation
and maintenance of new text begin their new text end 911 systems. deleted text begin The commissioner shall establish procedures for
determining and evaluating requests for variations from the established design standards.
The commissioner shall respond to requests by wireless or wire-line telecommunications
service providers or by counties or other governmental agencies for system agreements,
contracts, and tariff language promptly and no later than within 45 days of the request unless
otherwise mutually agreed to by the parties.
deleted text end
Subd. 1a.
Biennial budget; annual financial report.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
prepare a biennial budget deleted text begin for maintaining the 911 system.deleted text end by December 15 of each yeardeleted text begin ,deleted text end new text begin .new text end
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end submit a report to the legislature detailing the expenditures
for maintaining the 911 deleted text begin systemdeleted text end new text begin networknew text end , the 911 fees collected, the balance of the 911 fund,
deleted text begin thedeleted text end 911-related administrative expenses of the commissioner, and the most recent forecast
of revenues and expenditures for the 911 emergency telecommunications service account,
including a separate projection of deleted text begin E911deleted text end new text begin 911new text end fees from prepaid wireless customers and
projections of year-end fund balances. The commissioner is authorized to expend money
that has been appropriated to pay for the maintenance, enhancements, and expansion of the
911 deleted text begin systemdeleted text end new text begin networknew text end .
new text begin Subd. 1b. new text end
new text begin Connection plan required; commissioner review and enforcement. new text end
new text begin
(a)
The commissioner must respond to network and database change requests by OSPs promptly
and no later than 45 days after the request unless otherwise mutually agreed to by the parties.
All network and location database variances requested by OSPs connecting to the ESInet
must comply with Minnesota Rules.
new text end
new text begin
(b) All OSPs must submit and maintain a plan for connection to the 911 network POIs
in accordance with the requirements set forth in Minnesota Rules. The commissioner must
review all connection plans to ensure compliance with all 911 network and database design
and performance requirements.
new text end
Subd. 2.
Waiver.
Any county, deleted text begin other governmental agency, wireless telecommunications
service provider, or wire-line telecommunications service providerdeleted text end new text begin federal, Tribal, or other
organization connected to the statewide 911 network or OSPnew text end may petition the commissioner
for a waiver of all or portions of the requirements. A waiver may be granted upon a
demonstration by the petitioner that the requirement is economically infeasible.
Sec. 36.
Minnesota Statutes 2022, section 403.07, is amended to read:
403.07 new text begin NETWORK new text end STANDARDS ESTABLISHED; DATA PRIVACY.
Subdivision 1.
Rules.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish and adopt in accordance
with chapter 14, rules for the administration of this chapter and for the development of 911
deleted text begin systemsdeleted text end new text begin networknew text end in the state including:
(1) design new text begin and performance new text end standards for new text begin the new text end 911 deleted text begin systems incorporating the standards
adopted pursuant to subdivision 2 for the seven-county metropolitan areadeleted text end new text begin network, including
but not limited to network, routing, and database standards for counties, OSPs, and ECNSPsnew text end ;
and
(2) deleted text begin a procedure for determining and evaluating requests for variations from the established
design standardsdeleted text end new text begin design and performance standards for the ten-county metropolitan area,
incorporating the standards adopted pursuant to subdivision 2new text end .
Subd. 2.
Design standards for metropolitan area.
The Metropolitan Emergency
Services Board deleted text begin shalldeleted text end new text begin must new text end establish and adopt design new text begin and performance new text end standards for the
deleted text begin metropolitan area 911 system and transmit them to the commissioner for incorporation into
the rules adopted pursuant to this section.deleted text end new text begin 911 network for the ten-county metropolitan area,
including but not limited to network design, routing, and database standards for counties,
OSPs, and ECNSPs operating in the ten-county metropolitan area and provide them to the
commissioner in accordance with chapter 14 for incorporation into the rules adopted pursuant
to this section. The standards must be interoperable with the statewide 911 network and
data standards.
new text end
Subd. 3.
deleted text begin Databasedeleted text end new text begin Location datanew text end .
deleted text begin
In 911 systems that have been approved by the
commissioner for a local location identification database, each wire-line telecommunications
service provider shall provide current customer names, service addresses, and telephone
numbers to each public safety answering point within the 911 system and shall update the
information according to a schedule prescribed by the county 911 plan. Information provided
under this subdivision must be provided in accordance with the transactional record disclosure
requirements of the federal Communications Act of 1934, United States Code, title 47,
section 222, subsection (g).
deleted text end
new text begin
All OSPs must provide to the 911 network, at the time of each
911 call, the location of the device making the 911 call, unless there are circumstances
beyond the control of the provider that prevents the OSP from sharing the location data.
Any OSP supplying the location of 911 calls in civic address form must prevalidate the
address to location data supplied by the county accessible through the NGCS.
new text end
new text begin Subd. 3a. new text end
new text begin Access to data for accuracy. new text end
new text begin
(a) OSPs must, upon request of the state, a
region, the ECNSP, or a PSAP, provide a description or copy of subscriber address location
information or GIS data used by the OSP that is necessary to verify location and routing
accuracy of 911 calls. Any ECNSP routing 911 calls must, upon request of the state, provide
a copy of routing files used in determining PSAP selection for the purpose of verifying
routing accuracy.
new text end
new text begin
(b) OSPs must, upon request of the state, a region, the ECNSP, or a PSAP, provide a
copy of subscriber address location information for uses specific to 911 systems. This request
may carry a cost to the requester.
new text end
new text begin Subd. 3b. new text end
new text begin Database standards in metropolitan area. new text end
new text begin
The Metropolitan Emergency
Services Board must establish and adopt 911 database standards for OSPs operating in the
ten-county metropolitan area 911 system and provide them to the commissioner for
incorporation in accordance with chapter 14 into the rules adopted pursuant to this section.
new text end
Subd. 4.
Use of furnished information.
(a) Names, addresses, and telephone numbers
provided to a 911 system under subdivision 3 are private data and may be used only:
(1) to identify the location or identity, or both, of a person calling a 911 deleted text begin public safety
answering pointdeleted text end new text begin PSAPnew text end ; or
(2) by a deleted text begin public safety answering pointdeleted text end new text begin PSAPnew text end to notify the public of an emergency.
new text begin (b) new text end The information furnished under deleted text begin subdivision 3deleted text end new text begin this chapter and the rules adopted
pursuant to subdivision 1new text end may not be used or disclosed by 911 system agencies, their agents,
or their employees for any other purpose except under a court order.
deleted text begin (b)deleted text end new text begin (c)new text end For purposes of this subdivision, "emergency" means a situation in which property
or human life is in jeopardy and the prompt notification of the public by the public safety
answering point is essential.
Subd. 5.
Liability.
(a) deleted text begin A wire-line telecommunications service providerdeleted text end new text begin An OSPnew text end , its
employees, or its agents are not liable to any person who uses deleted text begin enhanced 911
telecommunications servicedeleted text end new text begin NG911 servicesnew text end for release of subscriber information required
under this chapter to any deleted text begin public safety answering pointdeleted text end new text begin PSAPnew text end .
(b) deleted text begin A wire-line telecommunications service providerdeleted text end new text begin An OSPnew text end is not liable to any person
for the good-faith release to emergency communications personnel of information not in
the public record, including, but not limited to, nonpublished or nonlisted telephone numbersnew text begin ,
except for willful or wanton misconductnew text end .
deleted text begin
(c) A wire-line telecommunications service provider, its employees, or its agents are not
liable to any person for civil damages resulting from or caused by any act or omission in
the development, design, installation, operation, maintenance, performance, or provision
of enhanced 911 telecommunications service, except for willful or wanton misconduct.
deleted text end
deleted text begin
(d) A multiline telephone system manufacturer, provider, or operator is not liable for
any civil damages or penalties as a result of any act or omission, except willful or wanton
misconduct, in connection with developing, designing, installing, maintaining, performing,
provisioning, adopting, operating, or implementing any plan or system required by section
403.15.
deleted text end
deleted text begin (e) A telecommunications service providerdeleted text end new text begin (c) An OSPnew text end that participates in or cooperates
with the public safety answering point in notifying the public of an emergency, as authorized
under subdivision 4, is immune from liability arising out of the notification except for willful
or wanton misconduct.
Sec. 37.
Minnesota Statutes 2022, section 403.08, is amended to read:
403.08 deleted text begin WIRELESS TELECOMMUNICATIONSdeleted text end new text begin ORIGINATINGnew text end SERVICE
deleted text begin PROVIDERdeleted text end new text begin PROVIDERSnew text end .
Subd. 7.
Duties.
deleted text begin
Each wireless telecommunications service provider shall cooperate in
planning and implementing integration with enhanced 911 systems operating in their service
territories to meet Federal Communications Commission-enhanced 911 standards. Each
wireless telecommunications service provider shall annually develop and provide to the
commissioner good-faith estimates of installation and recurring expenses to integrate wireless
911 service into the enhanced 911 networks to meet Federal Communications Commission
phase one wireless enhanced 911 standards. The commissioner shall coordinate with counties
and affected public safety agency representatives in developing a statewide design and plan
for implementation.
deleted text end
new text begin
Each originating service provider (OSP) must cooperate in planning
and implementing integration with the statewide 911 network to meet Federal
Communications Commission and Public Utilities Commission 911 requirements, as
applicable.
new text end
Subd. 9.
Scope.
Planning considerations must include deleted text begin cost, degree of integration into
existing 911 systems, the retention of existing 911 infrastructure, and the potential
implications of phase 2 of the Federal Communications Commission wireless enhanced
911 standardsdeleted text end new text begin a plan to interconnect to the 911 network POIs, the retention and reuse of
existing 911 infrastructure, and the implications of the Federal Communications
Commission's wireless location accuracy requirementsnew text end .
Subd. 10.
Plan integration.
deleted text begin
Counties shall incorporate the statewide design when
modifying county 911 plans to provide for integrating wireless 911 service into existing
county 911 systems.
deleted text end
new text begin
An OSP must annually submit plans to the commissioner detailing
how they will connect, or confirming how they already connect, to the statewide 911 network.
new text end
Subd. 11.
Liability.
(a) No deleted text begin wireless enhanced 911 emergency telecommunications
service providerdeleted text end new text begin OSPnew text end , its employees, or its agents are liable to any person for civil damages
resulting from or caused by any act or omission in the development, design, installation,
operation, maintenance, performance, or provision of deleted text begin enhanceddeleted text end 911 wireless service, except
for willful or wanton misconduct.
deleted text begin
(b) No wireless carrier, its employees, or its agents are liable to any person who uses
enhanced 911 wireless service for release of subscriber information required under this
chapter to any public safety answering point.
deleted text end
new text begin
(b) A multiline telephone system manufacturer, provider, or operator is not liable for
any civil damages or penalties as a result of any act or omission, except willful or wanton
misconduct, in connection with developing, designing, installing, maintaining, performing,
provisioning, adopting, operating, or implementing any plan or system required by section
403.15.
new text end
deleted text begin Subd. 12. deleted text end
deleted text begin Notification of subscriber. deleted text end
deleted text begin
A provider of wireless telecommunications services
shall notify its subscribers at the time of initial subscription and four times per year thereafter
that a 911 emergency call made from a wireless telephone is not always answered by a local
public safety answering point but may be routed to a State Patrol dispatcher and that,
accordingly, the caller must provide specific information regarding the caller's location.
deleted text end
Sec. 38.
Minnesota Statutes 2022, section 403.09, subdivision 2, is amended to read:
Subd. 2.
Commission authority.
At the request of the public utilities commission, the
attorney general may commence proceedings before the district court pursuant to section
237.27, against any deleted text begin wire-line telecommunicationsdeleted text end new text begin originatingnew text end service provider that new text begin falls
under the commission's authority and new text end refuses to comply with this chapter.
Sec. 39.
Minnesota Statutes 2022, section 403.10, subdivision 2, is amended to read:
Subd. 2.
Notice to deleted text begin public safetydeleted text end new text begin governmentnew text end agency.
deleted text begin Public safetydeleted text end new text begin Governmentnew text end agencies
with jurisdictional responsibilities deleted text begin shalldeleted text end new text begin mustnew text end in all cases be notified by the public safety
answering point of a request for service in their jurisdiction.
Sec. 40.
Minnesota Statutes 2022, section 403.10, subdivision 3, is amended to read:
Subd. 3.
Allocating costs.
Counties, public agencies, operating public safety answering
points, and other local governmental units may enter into cooperative agreements under
section 471.59 for the allocation of operational and capital costs attributable to the 911
systemnew text begin and 911 servicesnew text end .
Sec. 41.
Minnesota Statutes 2022, section 403.11, is amended to read:
403.11 911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each customer
of deleted text begin a wireless or wire-line switched or packet-based telecommunicationsdeleted text end new text begin an originatingnew text end
service provider connected to the public switched telephone network that furnishes service
capable of originating a 911 emergency telephone call is assessed a fee based upon the
number of wired or wireless telephone lines, or their equivalent, new text begin to provide access to the
911 network and maintenance of the 911 customer database, or when the only option, new text end to
cover the costs of ongoing maintenance and related improvements for trunking and central
office switching equipment new text begin and maintenance of 911 customer databases new text end for 911 emergency
telecommunications service, to offset administrative and staffing costs of the commissioner
related to managing the 911 emergency telecommunications service program, to make
distributions provided for in section 403.113, and to offset the costs, including administrative
and staffing costs, incurred by the State Patrol Division of the Department of Public Safety
in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid new text begin and defined reserves are met new text end must not cancel and is carried
forward to subsequent years and may be appropriated deleted text begin from time to timedeleted text end to the commissioner
to provide financial assistance to deleted text begin countiesdeleted text end new text begin eligible entitiesnew text end for the improvement of deleted text begin local
emergency telecommunications servicesdeleted text end new text begin 911 systems in compliance with use as designated
in section 403.113, subdivision 3new text end .
(c) The fee may not be more than 95 cents a month on or after July 1, 2010, for each
customer access line or other basic access service, including trunk equivalents as designated
by the Public Utilities Commission for access charge purposes and including wireless
telecommunications services. With the approval of the commissioner of management and
budget, the commissioner of public safety deleted text begin shalldeleted text end new text begin mustnew text end establish the amount of the fee within
the limits specified and inform the companies and carriers of the amount to be collected.
deleted text begin When the revenue bonds authorized under section 403.27, subdivision 1, have been fully
paid or defeased, the commissioner shall reduce the fee to reflect that debt service on the
bonds is no longer needed.deleted text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide companies and carriers a
minimum of 45 days' notice of each fee change. The fee must be the same for all customers,
except that the fee imposed under this subdivision does not apply to prepaid wireless
telecommunications service, which is instead subject to the fee imposed under section
403.161, subdivision 1, paragraph (a).
(d) The fee must be collected by each deleted text begin wireless or wire-line telecommunicationsdeleted text end new text begin
originatingnew text end service provider subject to the fee. Fees are payable to and must be submitted
to the commissioner monthly before the 25th of each month following the month of
collection, except that fees may be submitted quarterly if less than $250 a month is due, or
annually if less than $25 a month is due. Receipts must be deposited in the state treasury
and credited to a 911 emergency telecommunications service account in the special revenue
fund. The money in the account may only be used for 911 telecommunications services.new text begin
The money in the account may only be used for costs outlined in section 403.113.
new text end
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Subd. 1a.
Fee collection declaration.
If the commissioner disputes the accuracy of a
fee submission or if no fees are submitted by deleted text begin a wireless, wire-line, or packet-based
telecommunications service provider, the wireless, wire-line, or packet-based
telecommunicationsdeleted text end new text begin an originatingnew text end service provider deleted text begin shalldeleted text end new text begin , the OSP mustnew text end submit a sworn
declaration signed by an officer of the company certifying, under penalty of perjury, that
the information provided with the fee submission is true and correct. The sworn declaration
must specifically describe and affirm that the 911 fee computation is complete and accurate.
When deleted text begin a wireless, wire-line, or packet-based telecommunications service providerdeleted text end new text begin an OSPnew text end
fails to provide a sworn declaration within 90 days of notice by the commissioner that the
fee submission is disputed, the commissioner may estimate the amount due from the deleted text begin wireless,
wire-line, or packet-based telecommunications service providerdeleted text end new text begin OSPnew text end and refer that amount
for collection under section 16D.04.
Subd. 1b.
Examination of fees.
If the commissioner determines that an examination is
necessary to document the fee submission and sworn declaration in subdivision 1a, the
deleted text begin wireless, wire-line, or packet-based telecommunications service providerdeleted text end new text begin OSPnew text end must contract
with an independent certified public accountant to conduct an examination of fees. The
examination must be conducted in accordance with attestation audit standards.
Subd. 3.
Method of payment.
(a) Any wireless or wire-line telecommunications service
provider incurring reimbursable costs under subdivision 1 deleted text begin shall submit an invoice itemizing
rate elements by county or service area to the commissioner for 911 services furnished under
contract. Any wireless or wire-line telecommunications service provider is eligible to receive
payment for 911 services rendered according to the terms and conditions specified in the
contract. The commissioner shall pay the invoice within 30 days following receipt of the
invoice unless the commissioner notifies the service provider that the commissioner disputes
the invoicedeleted text end new text begin must be paid in accordance with the amount and terms of their valid cost recovery
contract as described in section 403.025, subdivision 3anew text end .
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end estimate the amount required to reimburse deleted text begin 911
emergency telecommunications service providers and wireless and wire-line
telecommunications service providersdeleted text end new text begin the OSPnew text end for the state's obligations under subdivision
1 and the governor deleted text begin shalldeleted text end new text begin mustnew text end include the estimated amount in the biennial budget request.
deleted text begin Subd. 3a. deleted text end
deleted text begin Timely invoices. deleted text end
deleted text begin
An invoice for services provided for in the contract with a
wireless or wire-line telecommunications service provider must be submitted to the
commissioner no later than 90 days after commencing a new or additional eligible 911
service. Each applicable contract must provide that, if certified expenses under the contract
deviate from estimates in the contract by more than ten percent, the commissioner may
reduce the level of service without incurring any termination fees.
deleted text end
deleted text begin Subd. 3b. deleted text end
deleted text begin Declaration. deleted text end
deleted text begin
If the commissioner disputes an invoice, the wireless and
wire-line telecommunications service providers shall submit a declaration under section
16A.41 signed by an officer of the company with the invoices for payment of service
described in the service provider's 911 contract. The sworn declaration must specifically
describe and affirm that the 911 service contracted for is being provided and the costs
invoiced for the service are true and correct. When a wireless or wire-line telecommunications
service provider fails to provide a sworn declaration within 90 days of notice by the
commissioner that the invoice is disputed, the disputed amount of the invoice must be
disallowed.
deleted text end
Subd. 3c.
Audit.
If the commissioner determines that an audit is necessary to document
the deleted text begin invoice and sworn declaration in subdivision 3bdeleted text end new text begin costs eligible for recovery as detailed
in subdivision 1new text end , the deleted text begin wireless or wire-line telecommunications service providerdeleted text end new text begin OSPnew text end must
contract with an independent certified public accountant to conduct the audit. The audit
must be conducted according to generally accepted accounting principles. The deleted text begin wireless or
wire-line telecommunications service providerdeleted text end new text begin OSPnew text end is responsible for any costs associated
with the audit.
Subd. 3d.
Eligible telecommunications carrier; requirement.
No deleted text begin wireless
communications providerdeleted text end new text begin OSPnew text end may provide telecommunications services under a designation
of eligible telecommunications carrier, as provided under Minnesota Rules, part 7811.1400,
until and unless the commissioner of public safety certifies to the chair of the public utilities
commission that the wireless telecommunications provider is not in arrears in amounts owed
to the 911 emergency telecommunications service account in the special revenue fund.
Subd. 4.
Local recurring costs.
Recurring costs deleted text begin ofdeleted text end new text begin not covered as part of the state 911
network contracts fornew text end telecommunications equipment and services at public safety answering
points must be borne by the local governmental agency operating the public safety answering
point or allocated pursuant to section 403.10, subdivision 3. Costs attributable to local
government electives for services not otherwise addressed under section 403.11 or 403.113
must be borne by the governmental agency requesting the elective service.
Subd. 5.
Tariff notification.
Wire-line telecommunications service providers or wireless
telecommunications service providers holding eligible telecommunications carrier status
deleted text begin shalldeleted text end new text begin mustnew text end give notice to the commissioner and any other affected governmental agency of
tariff or price list changes related to 911 service at the same time that the filing is made with
the public utilities commission.
Subd. 6.
new text begin OSP new text end report.
(a) deleted text begin Beginningdeleted text end new text begin Eachnew text end September 1deleted text begin , 2013, and continuing
semiannually thereafterdeleted text end new text begin and March 1new text end , each deleted text begin wireless telecommunications service provider
shalldeleted text end new text begin OSP mustnew text end report to the commissioner, based on the deleted text begin mobiledeleted text end new text begin subscriber'snew text end telephone
numberdeleted text begin , bothdeleted text end new text begin . Wireless communication providers must includenew text end the total number of prepaid
wireless telecommunications subscribers sourced to Minnesota and the total number of
wireless telecommunications subscribers sourced to Minnesota. The report must be filed
on the same schedule as Federal Communications Commission Form 477.
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make a standard form available to all wireless
telecommunications service providers for submitting information required to compile the
report required under this subdivision.
(c) The information provided to the commissioner under this subdivision is considered
trade secret information under section 13.37 and may only be used for purposes of
administering this chapter.
Sec. 42.
Minnesota Statutes 2022, section 403.113, is amended to read:
403.113 deleted text begin ENHANCEDdeleted text end 911 SERVICE COSTS; FEE.
Subdivision 1.
Fee.
A portion of the fee collected under section 403.11 must be used to
fund implementation, operation, maintenance, enhancement, and expansion of deleted text begin enhanceddeleted text end new text begin
thenew text end 911 deleted text begin servicedeleted text end new text begin networknew text end , including acquisition of necessary equipment and the costs of the
commissioner to administer the programnew text begin in accordance with Federal Communications
Commission rulesnew text end .
Subd. 2.
Distribution of money.
(a) After payment of the costs of the commissioner to
administer the program, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end distribute the money collected under
this section as follows:
(1) one-half of the amount equally to all qualified counties, and after October 1, 1997,
to all qualified counties, existing ten public safety answering points operated by the
Minnesota State Patrol, and each governmental entity operating the individual public safety
answering points serving the Metropolitan Airports Commission, the Red Lake Indian
Reservation, and the University of Minnesota Police Department; and
(2) the remaining one-half to qualified counties and cities with existing 911 systems
based on each county's or city's percentage of the total population of qualified counties and
cities. The population of a qualified city with an existing system must be deducted from its
county's population when calculating the county's share under this clause if the city seeks
direct distribution of its share.
(b) A county's share under subdivision 1 must be shared pro rata between the county
and existing city systems in the county. A county or city or other governmental entity as
described in paragraph (a), clause (1), deleted text begin shalldeleted text end new text begin mustnew text end deposit money received under this
subdivision in an interest-bearing fund or account separate from the governmental entity's
general fund and may use money in the fund or account only for the purposes specified in
subdivision 3.
(c) A county or city or other governmental entity as described in paragraph (a), clause
(1), is not qualified to share in the distribution of money for deleted text begin enhanceddeleted text end 911 service if it has
not implemented enhanced 911 service before December 31, 1998.
(d) For the purposes of this subdivision, "existing city system" means a city 911 system
that provides at least basic 911 service and that was implemented on or before April 1, 1993.
Subd. 3.
Local expenditures.
(a) Money distributed under subdivision 2 for deleted text begin enhanceddeleted text end
911 deleted text begin servicedeleted text end new text begin systems or servicesnew text end may be spent on deleted text begin enhanceddeleted text end 911 system costs for the purposes
stated in subdivision 1deleted text begin . In addition, money may be spent to lease, purchase, lease-purchase,
or maintain enhanced 911 equipment, including telephone equipment; recording equipment;
computer hardware; computer software for database provisioning, addressing, mapping,
and any other software necessary for automatic location identification or local location
identification; trunk lines; selective routing equipment; the master street address guide;
dispatcher public safety answering point equipment proficiency and operational skills; pay
for long-distance charges incurred due to transferring 911 calls to other jurisdictions; and
the equipment necessary within the public safety answering point for community alert
systems and to notify and communicate with the emergency services requested by the 911
caller.deleted text end new text begin as well as expenses deemed allowable in accordance with Code of Federal Regulations,
title 47, section 9.2.
new text end
(b) Money distributed for deleted text begin enhanceddeleted text end 911 deleted text begin servicedeleted text end new text begin systems or servicesnew text end may not be spent
on:
(1) purchasing or leasing of real estate or cosmetic additions to or remodeling of
deleted text begin communications centersdeleted text end new text begin public safety answering pointsnew text end ;
(2) deleted text begin mobile communications vehicles,deleted text end fire engines, ambulances, law enforcement vehicles,
or other emergency vehicles;
(3) signs, posts, or other markers related to addressing or any costs associated with the
installation or maintenance of signs, posts, or markersdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) any purposes prohibited by the Federal Communications Commission;
new text end
new text begin
(5) the transfer of 911 fees into a state or other jurisdiction's general fund or other fund
for non-911 purposes;
new text end
new text begin
(6) public safety telecommunicator salaries unless associated with training functions;
and
new text end
new text begin
(7) the leasing or purchase of end user equipment.
new text end
Subd. 4.
Audits.
new text begin (a) new text end Each county and city or deleted text begin other governmental entitydeleted text end new text begin federal, Tribal,
or other organization connected to the statewide 911 networknew text end as described in subdivision
2, paragraph (a), clause (1), deleted text begin shalldeleted text end new text begin or secondary public safety answering point mustnew text end conduct
deleted text begin an annual auditdeleted text end new text begin a compliance report in accordance with Minnesota Rules, chapter 7580, and
Code of Federal Regulations, title 47, section 9.25,new text end on the use of funds distributed to it for
deleted text begin enhanceddeleted text end 911 deleted text begin servicedeleted text end new text begin systems or services to ensure the distribution is spent according to
subdivision 3new text end . A copy of each deleted text begin auditdeleted text end new text begin compliancenew text end report must be submitted to the
commissioner.
new text begin
(b) The commissioner may request a state audit of a county, federal, Tribal, or other
organization connected to the statewide 911 network which receives 911 funds from the
state to operate its 911 system or service to ensure compliance with subdivision 3.
new text end
new text begin
(c) Failure to submit a compliance report may result in a disruption of 911 fee distribution
until the compliance report is submitted.
new text end
Sec. 43.
Minnesota Statutes 2022, section 403.15, subdivision 1, is amended to read:
Subdivision 1.
Multistation or PBX system.
Except as otherwise provided in this
section, every owner and operator of a new multistation or private branch exchange (PBX)
multiline telephone system purchased new text begin or upgraded new text end after December 31, 2004, deleted text begin shalldeleted text end new text begin mustnew text end
design and maintain the system to provide a callback number new text begin or ten-digit caller ID new text end and
emergency response location.
Sec. 44.
Minnesota Statutes 2022, section 403.15, subdivision 2, is amended to read:
Subd. 2.
Multiline telephone system user dialing instructions.
new text begin (a) new text end Each multiline
telephone system new text begin (MLTS) new text end operator must demonstrate or otherwise inform each new telephone
system user how to call for emergency assistance from that particular multiline telephone
system.
new text begin
(b) MLTS platforms that are manufactured, imported, offered for first sale or lease, first
sold or leased, or installed after February 16, 2020, must enable users to directly initiate a
call to 911 from any station equipped with dialing facilities without dialing any additional
digit, code, prefix, or postfix, including any trunk-access code such as the digit nine,
regardless of whether the user is required to dial such a digit, code, prefix, or postfix for
other calls.
new text end
new text begin
(c) MLTSs that are manufactured, imported, offered for first sale or lease, first sold or
leased, or installed after February 16, 2020, must be configured so that upon an occurrence
of a 911 call it will provide a notification that a 911 call has been made to a central location
at the facility where the system is installed or to another person or organization, regardless
of location, if the system is able to be configured to provide the notification without an
improvement to the hardware or software of the system.
new text end
Sec. 45.
Minnesota Statutes 2022, section 403.15, subdivision 3, is amended to read:
Subd. 3.
Shared residential multiline telephone system.
On and after January 1, 2005,
operators of shared multiline telephone systems, whenever installed, serving residential
customers deleted text begin shalldeleted text end new text begin mustnew text end ensure that the shared multiline telephone system is connected to the
public switched network and that 911 calls from the system result in at least one distinctive
automatic number identification and automatic location identification for each residential
unit, except those requirements do not apply if the residential facility maintains one of the
following:
(1) automatic location identification for each respective emergency response location;
(2) the ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
pointnew text begin operated by the facilitynew text end ; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
Sec. 46.
Minnesota Statutes 2022, section 403.15, subdivision 4, is amended to read:
Subd. 4.
Hotel or motel multiline telephone system.
Operators of hotel and motel
multiline telephone systems deleted text begin shalldeleted text end new text begin mustnew text end permit the dialing of 911 and deleted text begin shalldeleted text end new text begin mustnew text end ensure that
911 calls originating from hotel or motel multiline telephone systems allow the 911 system
to clearly identify the address and specific location of the 911 caller.
Sec. 47.
Minnesota Statutes 2022, section 403.15, subdivision 5, is amended to read:
Subd. 5.
Business multiline telephone system.
(a) An operator of business multiline
telephone systems connected to the public switched telephone network and serving business
locations of one employer deleted text begin shalldeleted text end new text begin mustnew text end ensure that calls to 911 from any telephone on the
system result in one of the following:
(1) automatic location identification for each respective emergency response location;
(2) an ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
pointnew text begin operated by the employernew text end ; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
(b) Except as provided in paragraph (c), providers of multiline telephone systems serving
multiple employers' business locations deleted text begin shalldeleted text end new text begin mustnew text end ensure that calls to 911 from any telephone
result in automatic location identification for the respective emergency response location
of each business location sharing the system.
(c) Only one emergency response location is required in the following circumstances:
(1) an employer's work space is less than 40,000 square feet, located on a single floor
and on a single contiguous property;
(2) an employer's work space is less than 7,000 square feet, located on multiple floors
and on a single contiguous property; or
(3) an employer's work space is a single public entrance, single floor facility on a single
contiguous property.
Sec. 48.
Minnesota Statutes 2022, section 403.15, subdivision 6, is amended to read:
Subd. 6.
Schools.
A multiline telephone system operated by a public or private
educational institution, including a system serving dormitories and other residential
customers, is subject to this subdivision and is not subject to subdivision 3. The operator
of the education institution multiline system connected to the public switched network must
ensure that calls to 911 from any telephone on the system result in one of the following:
(1) automatic location identification for each respective emergency response location;
(2) an ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
pointnew text begin operated by the educational institutionnew text end ; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
Sec. 49.
Minnesota Statutes 2022, section 403.15, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin MLTS location compliance notification. new text end
new text begin
Beginning July 1, 2023, all vendors
of MLTSs or hosted MLTS services in Minnesota must disclose to their customers the 911
location requirements in this chapter and include 911 location compliant capabilities in the
systems or services they sell.
new text end
Sec. 50. new text begin RENUMBERING.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall renumber the subdivisions of Minnesota
Statutes, section 403.02.
new text end
Sec. 51. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 403.02, subdivision 13; and 403.09, subdivision 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 7
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 8
SUPERVISED RELEASE BOARD; CHANGES TO RELEASE DETERMINATIONS
AND ELIGIBILITY 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) 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 seven members as follows:
new text end
new text begin
(1) four individuals appointed by the governor from which each of the majority leaders
and minority leaders of the house of representatives and senate provide two candidate
recommendations for consideration;
new text end
new text begin
(2) two members appointed by the governor 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 members defined in paragraph (c), clause (1), must meet the following
qualifications, at a minimum:
new text end
new text begin
(1) a law degree or a bachelor's degree in criminology, corrections, social work, or a
related social science;
new text end
new text begin
(2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end
new text begin
(3) demonstrated knowledge of victim issues and correctional processes.
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
new text begin
(a) 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.
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) Subject to the requirements
in paragraph (b), the majority of members constitutes a quorum.
new text end
new text begin
(b) When reviewing cases involving people who were 18 or older at the time of the
offense, the board must comprise a quorum of the five members identified in subdivision
1, paragraph (c), clauses (1) and (3). When reviewing cases involving people who were
under 18 at the time of the offense, the board must comprise a quorum 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) On or before February 15 each year, 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; and
new text end
new text begin
(3) 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 2, is amended to read:
Subd. 2.
Rules.
new text begin (a) Notwithstanding section 14.03, subdivision 3, paragraph (b), clause
(1), new text end the commissioner of corrections shall adopt by rule standards and procedures for the
revocation of supervised or conditional release, and shall specify the period of revocation
for each violation of releasenew text begin except in accordance with subdivision 5, paragraph (l)new text end .
new text begin (b)new text end Procedures for deleted text begin the revocation ofdeleted text end new text begin revokingnew text end release deleted text begin shalldeleted text end new text begin mustnew text end provide due process of
law for the inmate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 4.
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); 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 of 15 years.
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 of 15 years.
new text end
Sec. 5.
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
(a) 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 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.
new text end
new text begin
(b) A person eligible for early supervised release under paragraph (a) must be considered
for early supervised release pursuant to section 244.049 after serving 15 years of
imprisonment.
new text end
new text begin
(c) Where the person is serving separate, consecutive executed sentences for two or
more crimes, the person may be granted early supervised release on all 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 releasenew 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 .
(b) new text begin 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 sentences; and
new text end
new text begin
(2) notwithstanding any other law to the contrary, if an inmate eligible for early supervised
release under section 244.05, subdivision 4a, 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) new text end The deleted text begin commissioner shalldeleted text end new text begin board mustnew text end require the preparation of a community
investigation report and deleted text begin shalldeleted text end consider the findings of the report when making a supervised
releasenew text begin or parolenew text end decision under this subdivision. The report deleted text begin shalldeleted text end new text begin must:
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
(d) For an individual who was under 18 years of age when they committed their offense,
the board must require the preparation of a development report and consider the report's
findings when making a supervised release decision under this subdivision. The report must
be prepared by a mental health professional 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 (e)new text end The deleted text begin commissioner shalldeleted text end new text begin board mustnew text end 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. The
deleted text begin commissionerdeleted text end new text begin boardnew text end must consider the victim's statement when making the supervised
releasenew text begin or parolenew text end decision.
deleted text begin (d)deleted text end new text begin (f) Supervised release or parole must be granted with a majority vote of the board
members.new text end When considering whether to deleted text begin givedeleted text end new text begin grantnew text end supervised releasenew text begin or parolenew text end to an inmate
serving a lifenew text begin or indeterminatenew text end sentence deleted text begin under section 609.3455, subdivision 3 or 4deleted text end new text begin or early
supervised release to an inmate under subdivision 4anew text end , the deleted text begin commissioner shalldeleted text end new text begin board mustnew text end
consider, at a minimum, the following:
new text begin (1)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 (2)new text end the inmate's progress in treatmentdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the inmate's behavior while incarcerateddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)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 (5)new text end the inmate's criminal historydeleted text begin ,deleted text end new text begin ;
new text end
new text begin
(6) a victim statement under paragraph (e), if submitted;
new text end
new text begin
(7) for an inmate who was under 18 years of age when they committed their offense:
new text end
new text begin
(i) the development report under paragraph (d); and
new text end
new text begin (ii) relevant science on the neurological development of juveniles and information on
the inmate's maturity and rehabilitation while incarcerated;new text end and
new text begin (8)new text end any other relevant conduct of the inmate while incarcerated or before incarceration.
new text begin (g)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 releasenew text begin or parolenew 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
(h) No earlier than three years before an inmate reaches their minimum term of
imprisonment, the commissioner must conduct a formal review and make programming
recommendations relevant to the inmate's release review. The board must conduct a
supervised release review hearing as soon as practicable before an inmate reaches their
minimum term of imprisonment. If an inmate is not released after a hearing, the board must
conduct a subsequent review hearing no more than once every three years.
new text end
new text begin
(i) 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 the board does
not grant supervised release, the explanation 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
(j) 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
(k) 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
(l) 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
(m) 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
new text begin
(n) For purposes of this subdivision:
new text end
new text begin
(1) "board" means the Supervised 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
deleted text begin (e) As used in this subdivision,deleted text end new text begin (3)new text end "victim" means deleted text begin thedeleted text end new text begin annew text end individual whonew text begin has directlynew text end
sufferednew text begin loss ornew text end harm deleted text begin as a result of thedeleted text end new text begin from annew text end inmate's crime ordeleted text begin , if the individual is deceased,
the deceased'sdeleted text end new text begin a murder victim'snew text end surviving spouse deleted text begin ordeleted text end new text begin ,new text end next of kinnew text begin , or family kinnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
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);
(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), 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 15 years.
new text end
Sec. 12. new text begin REVISOR INSTRUCTION.
new text end
new text begin
When 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. 13. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 2, 4, 5, 7, and 8 to 11 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 609.385, 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 609.3455,
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
(6) 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 9
EXPUNGEMENT WITHOUT PETITION
Section 1.
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 6, paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin Eligibility; pardon. new text end
new text begin
A person is eligible for a grant of expungement relief if
the person receives a pardon extraordinary under chapter 638.
new text end
new text begin Subd. 4. 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 6, 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 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness);
new text end
new text begin
(ii) section 609.746, subdivision 1, paragraph (e) (interference with privacy; subsequent
violation or minor victim);
new text end
new text begin
(iii) section 152.023, subdivision 2 (possession of a controlled substance in the third
degree); and
new text end
new text begin
(iv) section 152.024, subdivision 2 (possession of a controlled substance in the fourth
degree).
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. 5. 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. 6. 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, 3, or 4. 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 finger and thumb prints where finger and thumb prints are available. Where finger
and thumb prints 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 contact the Bureau of Criminal Apprehension to 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), for the purposes of:
new text end
new text begin
(1) initiating, furthering, or completing a criminal investigation or prosecution or for
sentencing purposes or providing probation or other correctional services; or
new text end
new text begin
(2) evaluating a prospective employee in a criminal justice agency without a court order.
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. 7. 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
ARTICLE 10
EXPUNGEMENT BY PETITION
Section 1.
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 (e) (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.
new text end
Sec. 2.
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
ARTICLE 11
EXPUNGEMENT CHANGES; CONFORMING CHANGES
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
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.
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.
Sec. 4.
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) This data is 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, 2024.
new text end
Sec. 5.
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 finger and thumb prints, 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) Finger and thumb prints 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).
Sec. 6.
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. 7.
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. 8.
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
section 609A.015, 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. 9.
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 January 1, 2025.
new text end
Sec. 10.
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 services;
(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.02, and 609A.025,
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.02, and 609A.025.
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 January 1, 2025.
new text end
Sec. 11.
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 January 1, 2025.
new text end
Sec. 12.
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 12
COMMUNITY SUPERVISION
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 to 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 appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
deleted text end
deleted text begin
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:
deleted text end
deleted text begin
(1) the specific nature of the technical violation of probation;
deleted text end
deleted text begin
(2) the recommended restructure to the terms of probation; and
deleted text end
deleted text begin
(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
deleted text end
deleted text begin
The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. 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. For purposes of this paragraph, "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 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.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 244.05, subdivision 3, is amended to read:
Subd. 3.
Sanctions for violation.
new text begin (a) new text end If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:
(1) continue the inmate's 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 inmate; or
new text begin
(ii) transferring the inmate's case to a specialized caseload; or
new text end
(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period deleted text begin of timedeleted text end .
new text begin
(b) Before revoking an inmate'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 inmate does not present a risk to the public; and
new text end
new text begin
(2) the inmate is amenable to continued supervision.
new text end
new text begin
(c) If alternative interventions are appropriate and available, the commissioner must
restructure the inmate's terms of release to incorporate the alternative interventions.
new text end
new text begin (d) new text end 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.
new text begin (e) new text end The period of time for which a supervised release may be revoked may not exceed
the period of time remaining in the inmate's sentence, except that if a sex offender is
sentenced and conditionally released under Minnesota Statutes 2004, section 609.108,
subdivision 5, the period of time for which conditional release may be revoked may not
exceed the balance of the conditional release term.
Sec. 3.
Minnesota Statutes 2022, section 244.19, subdivision 1, is amended to read:
Subdivision 1.
Appointment; joint services; state services.
(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:
(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;
(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;
(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;
(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. Years of service in the county probation department are
to be given full credit for future sick leave and vacation accrual purposes;
(5) deleted text begin all probation officers serving the juvenile courts on July 1, 1972, shall continue to
servedeleted text end new text begin if a county receiving probation services under clause (3) decides to provide the services
under clause (1) or (2), the probation officers and other employees displaced by the
changeover shall 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 purposesnew text end in the
county or counties they are now serving.
new text begin
(b) A county or counties providing probation services under paragraph (a), clause (1)
or (2), is designated a "CPO county" for purposes of receiving a subsidy under chapter 401.
A county or counties receiving probation services under paragraph (a), clause (3), is not
eligible for a subsidy under chapter 401 and the commissioner of corrections is appropriated
the county's share of funding for the purpose of providing probation services and authority
to seek reimbursement from the county under subdivision 5.
new text end
new text begin
(c) A county that requests the commissioner of corrections to provide probation services
under paragraph (a), clause (3), shall collaborate with the commissioner to develop a
comprehensive plan as described in section 401.06.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The commissioner of management and budget shall place employees transferred
to state service under paragraph (a), clause (4), 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. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. 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. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. 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.
Sec. 4.
Minnesota Statutes 2022, section 244.19, subdivision 5, is amended to read:
Subd. 5.
Compensation.
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
deleted text end deleted text begin necessary expenses incurred in the performance of their official duties.deleted text end In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, 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 and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of correctionsnew text begin , excluding the cost and expense
of services provided under the state's obligation 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.deleted text end 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 deleted text begin deposited in the general funddeleted text end new text begin used to provide services for each county according
to their reimbursement amountnew text end . Objections by a county to all allocation of such cost and
expenses shall be presented to and determined by the commissioner of corrections. Each
county providing probation services under this section is hereby authorized to use unexpended
funds and to levy additional taxes for this purpose.
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.
Sec. 5.
Minnesota Statutes 2022, section 244.195, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this subdivisionnew text begin and sections 244.196 to
244.1995new text end , the following terms have the meanings given them.
(b) "Commissioner" means the commissioner of corrections.
(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.
(d) "Court services director" means the director or designee of a county probation agency
that is not organized under new text begin section 244.19 or an agency organized under new text end chapter 401.
(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.
(f) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
(g)new text begin "Probation agency" means the Department of Corrections field office or a probation
agency organized under section 244.19 or chapter 401.
new text end
new text begin
(h) "Probation officer" means a court services director, county probation officer, or any
other community supervision officer employed by the commissioner or by a probation
agency organized under section 244.19 or chapter 401.
new text end
new text begin (i)new text end "Release" means to release from actual custody.
Sec. 6.
Minnesota Statutes 2022, section 244.195, subdivision 2, is amended to read:
Subd. 2.
Detention pending hearing.
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. new text begin If the person on conditional release commits a violation described in section
609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable
belief that the order is necessary to prevent the person from escaping or absconding from
supervision or that the continued presence of the person in the community presents a risk
to public safety before issuing a written order. new text end 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.
Sec. 7.
Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision to
read:
new text begin Subd. 6. 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 condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, aiding
the person's rehabilitation, or both. 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.
The court services director or 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. At the time community
work service is imposed, probation officers are required to provide written notice to the
person 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
(b) A person on 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 the imposition of community work service is reasonable under the
circumstances.
new text end
new text begin
(c) Community work service includes sentencing to service.
new text end
Sec. 8.
Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Contacts. new text end
new text begin
Supervision contacts may be conducted over videoconference
technology in accordance with the probation agency's established policy.
new text end
Sec. 9.
Minnesota Statutes 2022, section 244.20, is amended to read:
244.20 PROBATION SUPERVISION.
Notwithstanding sections 244.19, subdivision 1, and 609.135, subdivision 1, the
Department of Corrections shall have exclusive responsibility for providing probation
services for adult felons in counties that do not take part in the Community Corrections Act.
deleted 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
Sec. 10.
Minnesota Statutes 2022, section 244.21, is amended to read:
244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION; REPORTS.
Subdivision 1.
Collection of information by probation service providers; report
required.
By January 1, 1998, probation service providers shall begin collecting and
maintaining information on offenders under supervision. The commissioner of corrections
shall specify the nature and extent of the information to be collected. By April 1 of every
year, each probation service provider shall report a summary of the information collected
to the commissionernew text begin as a condition of state subsidy funding under chapter 401new text end .
Subd. 2.
Commissioner of corrections report.
By January 15, deleted text begin 1998deleted text end new text begin 2024new text end , the
commissioner of corrections shall 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
and finance new text end on recommended methods of coordinating the exchange of information collected
on offenders 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. 11.
Minnesota Statutes 2022, section 401.01, is amended to read:
401.01 PURPOSE AND DEFINITION; ASSISTANCE deleted text begin GRANTSdeleted text end new text begin SUBSIDIESnew text end .
Subdivision 1.
deleted text begin Grantsdeleted text end new text begin Subsidiesnew text end .
For the purpose of more effectively protecting society
and to promote efficiency and economy in the delivery of correctional services, the
commissioner is authorized to deleted text begin make grants to assistdeleted text end new text begin subsidizenew text end counties in the development,
implementation, and operation of community-based corrections programs including
preventive or diversionary correctional programs, conditional release programs, community
corrections centers, and facilities for the detention or confinement, care and treatment of
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
Subd. 2.
Definitions.
(a) For the purposes of sections 401.01 to 401.16, the following
terms have the meanings given them.
(b) "CCA county" means a county that participates in the Community Corrections Act.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "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.
(e) "County probation officer" means a probation officer appointed under section 244.19.
(f) new text begin "CPO county" means a county that participates in funding under this act by providing
local corrections service for all juveniles and individuals on probation for misdemeanors,
pursuant to section 244.19, subdivision 1, paragraph (a), clause (1) or (2).
new text end
new text begin (g) 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 (h)new text end "Joint board" means the board provided in section 471.59.
deleted text begin (h)deleted text end new text begin (i)new text end "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
deleted text begin (i)deleted text end new text begin (j)new text end "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.
deleted text begin (j)deleted text end new text begin (k)new text end "Release" means to release from actual custody.
new text begin
(l) "Tribal government" means one of the federally recognized Tribes described in section
3.922.
new text end
Sec. 12.
Minnesota Statutes 2022, section 401.02, is amended to read:
401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.
Subdivision 1.
Qualification of countiesnew text begin or Tribal governmentsnew text end .
(a) One or more
countiesdeleted text begin , having an aggregate population of 30,000 or more persons,deleted text end new text begin or Tribal governmentsnew text end
may qualify for a deleted text begin grant as provided indeleted text end new text begin subsidy 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 designating
the officer or agency to be responsible for administering deleted text begin grant fundsdeleted text end new text begin subsidiesnew text end , and providing
for the preparation of a comprehensive plan for the development, implementation and
operation of the correctional services described in deleted text begin sectiondeleted text end new text begin sectionsnew text end 401.01new text begin and 401.11new text end ,
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 401.01.new text begin Counties participating as a CCA county must also enact the appropriate
resolutions creating and establishing a corrections advisory board.
new text end
Where counties new text begin or Tribal governments new text end combine as authorized in this section, they shall
comply with the provisions of section 471.59.
(b) A county that has participated in the Community Corrections Act for five or more
years is eligible to continue to participate in the Community Corrections Act.
new text begin
(c) If a county or Tribal government withdraws from the subsidy program as outlined
in subdivision 1 and asks the commissioner of corrections or the legislature mandates the
commissioner of corrections to furnish probation services to the county, the probation
officers and other employees displaced by the changeover shall be employed by the
commissioner of corrections at no loss of salary. 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
Subd. 2.
Planning counties; advisory board members expenses.
To assist counties
which have complied with the provisions of subdivision 1 and require financial aid to defray
all or a part of the expenses incurred by corrections advisory board members in discharging
their official duties pursuant to section 401.08, the commissioner may designate counties
as "planning counties", and, upon receipt of resolutions by the governing boards of the
counties certifying the need for and inability to pay the expenses described in this subdivision,
advance to the counties an amount not to exceed five percent of the maximum quarterly
subsidy for which the counties are eligible. The expenses described in this subdivision shall
be paid in the same manner and amount as for state employees.
Subd. 3.
Establishment and reorganization of administrative structure.
Any county
or group of counties which have qualified for participation in the deleted text begin community correctionsdeleted text end
subsidy program provided by this chapter may establish, organize, and reorganize an
administrative structure and provide for the budgeting, staffing, and operation of court
services and probation, construction or improvement to juvenile detention and juvenile
correctional facilities and adult detention and correctional facilities, and other activities
required to conform to the purposes of this chapter. No contrary general or special statute
divests any county or group of counties of the authority granted by 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
Sec. 13.
Minnesota Statutes 2022, section 401.025, subdivision 1, is amended to read:
Subdivision 1.
Peace officers and probation officers serving CCA counties.
(a) When
it appears 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 a
community corrections agency in a CCA county 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. new text begin If the person on conditional release commits a violation
described in section 609.14, subdivision 1a, paragraph (a), the chief executive officer or
designee must have a reasonable belief that the order is necessary to prevent the person
from escaping or absconding from supervision or that the continued presence of the person
in the community presents a risk to public safety before issuing a written order. new text end 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.
(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.
(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.
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. 14.
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
new text begin (a) new text end No county or group of countiesnew text begin
or Tribal government or group of Tribal governmentsnew text end electing to provide correctional
services deleted text begin pursuant to sections 401.01 to 401.16 shall bedeleted text end new text begin under this chapter isnew text end eligible for the
subsidy deleted text begin herein provideddeleted text end unless and until its comprehensive plan deleted text begin shall havedeleted text end new text begin hasnew text end been approved
by the commissioner. new text begin A comprehensive plan must comply with commissioner-developed
standards and reporting requirements and must sufficiently address community needs and
supervision standards.
new text end
new text begin
(b) If the commissioner provides supervision to a county that elects not to provide the
supervision, the commissioner must prepare a comprehensive plan for the county and present
it to the local county board of commissioners. The Department of Corrections is subject to
all the standards and requirements under this chapter and supervision standards and policies.
new text end
new text begin
(c) A comprehensive plan is valid for four years and a corrections advisory board must
review and update the plan two years after the plan has been approved or two years after
submitted to the commissioner, whichever is earlier.
new text end
new text begin
(d) 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 shalldeleted text end new text begin mustnew text end , deleted text begin pursuant todeleted text end new text begin 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
fornew text begin CCA and CPOnew text end countiesnew text begin and Tribal governmentsnew text end to receive 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 subsidynew text begin ,new text end
counties deleted text begin shalldeleted text end new text begin and Tribal governments mustnew text end maintain substantial compliance with the
minimum standards established 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
and the policies and procedures governing the services deleted text begin described indeleted text end new text begin undernew text end section 401.025
as prescribed by the commissioner.
new text begin (b) new text end Counties deleted text begin shall alsodeleted text end new text begin 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 shalldeleted text end new text begin (2)new text end report statistics required by the commissionernew text begin ,new text end including but not limited to
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 annually the
comprehensive plans submitted by participating countiesnew text begin and Tribal governmentsnew 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 plan, and inspect books and records, 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 county or group of countiesnew text begin or Tribal government or group of
Tribal governmentsnew text end is not in substantial compliance with minimum standards,new text begin the
commissioner must providenew text end at least 30 days' notice deleted text begin shall be givendeleted text end new text begin tonew text end the county or counties
deleted text begin anddeleted text end new text begin or Tribal government or Tribal governments ofnew text end anew text begin commissioner-conductednew 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 with comprehensive plan. new text end
new text begin
(a) After a hearing, the
commissioner may sanction a county or group of counties or Tribal government or group
of Tribal governments under this subdivision if the commissioner determined that the agency
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 may suspend all or a portion of any subsidy deleted text begin until the required
standard of operation has been metdeleted text end new text begin without issuing a corrective action plannew text end .
new text begin
(c) The commissioner may issue a corrective action plan, which 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 county or group of counties or Tribal government or group of Tribal
governments has not complied with the plan, the commissioner may suspend all or a portion
of the subsidy.
new text end
Sec. 15.
Minnesota Statutes 2022, section 401.09, is amended to read:
401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
Failure of a county or group of counties to elect to come within the provisions of sections
401.01 to 401.16 shall not affect their eligibility for any other state new text begin grant or new text end subsidy for
correctional purposes otherwise provided by law. Any comprehensive plan submitted
pursuant to sections 401.01 to 401.16 may include the purchase of selected correctional
services from the state by contract, including the temporary detention and confinement of
persons convicted of crime or adjudicated delinquent; confinement to be in an appropriate
state facility as otherwise provided by law. The commissioner shall annually determine the
costs of the purchase of services under this section and deduct them from the subsidy due
and payable to the county or counties concerned; provided that no contract shall exceed in
cost the amount of subsidy to which the participating county or counties are eligible.
Sec. 16.
Minnesota Statutes 2022, section 401.10, is amended to read:
401.10 COMMUNITY CORRECTIONS AID.
Subdivision 1.
deleted text begin Aid calculationsdeleted text end new text begin 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 in fiscal year 2024, the subsidy paid to each county and Tribal government
and the commissioner of corrections for supervision in counties or Tribal jurisdictions served
by the department shall equal the sum of:
new text end
new text begin
(1) a base funding amount equal to $200,000, plus:
new text end
new text begin
(i) ten percent of the total for all appropriations to the commissioner for community
supervision and postrelease services during the fiscal year prior to the fiscal year for which
the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's
total population as determined by the most recent census; and
new text end
new text begin
(ii) ten percent of the total for all appropriations to the commissioner for community
supervision and postrelease services during the fiscal year prior to the fiscal year for which
the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's
total geographic area; 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 felony cases, a felony per diem rate of $5.33 multiplied by the sum of the county'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 and then, multiplied by 365; and
new text end
new text begin
(ii) for gross misdemeanor, misdemeanor, and juvenile probation cases, the felony per
diem rate used in item (i) multiplied by 0.5 and then multiplied by the sum of the county'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) Each participating county's "community corrections aid amount" equals the sum of
(1) the county's base funding amount, and (2) the county's formula amount.
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, then the sum of each county's base funding plus community supervision formula
funding shall be 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.
new text end
Subd. 2.
Transfer of funds.
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
fundsnew text begin , including funds available due the withdrawal of a county under section 401.16,new text end 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.
Subd. 3.
Formula review.
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,
deleted text end
deleted text begin
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
For fiscal year 2025 and
subsequent fiscal years, the commissioner shall make a funding recommendation based
upon the commissioner's workload study and the caseload data collected by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Report; supervision fees. new text end
new text begin
(a) The commissioner must collect annual summary
expenditure data and funding from each community supervision provider in the state.
new text end
new text begin
(b) On 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 on the data collected under paragraph
(a). The report may be made in conjunction with reporting under section 244.21.
new text end
Sec. 17.
Minnesota Statutes 2022, section 401.11, is amended to read:
401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.
new text begin Subdivision 1. new text end
new text begin Items. new text end
The comprehensive plan submitted to the commissioner for
approval deleted text begin shalldeleted text end new text begin mustnew text end include deleted text begin thosedeleted text end items prescribed by deleted text begin ruledeleted text end new text begin policynew text end of the commissioner,
deleted text begin which may require the inclusion of the followingdeleted text end new text begin including but not limited tonew text end :
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 othernew text begin localnew text end 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 programdeleted text end new text begin ; and
new text end
new text begin (6) outcome and output data, expenditures, and costsnew text end .
new text begin Subd. 2. new text end
new text begin Review. new text end
deleted text begin In addition to the foregoing requirements made by this section,deleted text end Each
participatingnew text begin CCAnew text end county or group of counties deleted text begin shalldeleted text end new text begin mustnew text end develop and implement a procedure
for deleted text begin the review of grantdeleted text end new text begin reviewing subsidynew text end applications 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.
Sec. 18.
Minnesota Statutes 2022, section 401.14, subdivision 3, is amended to read:
Subd. 3.
Installment payments.
The commissioner of corrections shall make payments
for community corrections services to each county in 12 installments per year. The
commissioner shall ensure that the pertinent payment of the allotment for each month is
made to each county on the first working day after the end of each month of the calendar
year, except for the last month of the calendar year. The commissioner shall ensure that
each county receives its payment of the allotment for that month no later than the last
working day of that 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. 19.
Minnesota Statutes 2022, section 401.16, is amended to read:
401.16 WITHDRAWAL FROM PROGRAM.
Any participating countynew text begin or Tribal governmentnew text end may, at the beginning of any calendar
quarter, by resolution of its board of commissionersnew text begin or Tribal government leadersnew text end , notify
the commissioner of its intention to withdraw from the subsidy program established by
sections 401.01 to 401.16, and the withdrawal shall be effective the last day of the deleted text begin last month
of the quarter indeleted text end new text begin third quarter afternew text end 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
Sec. 20.
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 16 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) one commissioner-appointed representative 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; and
new text end
new text begin
(9) an advocate for victims of crime 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) The commissioner must convene the first meeting of the committee on or before July
15, 2024.
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 appointing
authority must appoint an individual to fill the vacancy. Committee members must elect
any officers and create any subcommittees necessary for the efficient discharge of 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 that member in the performance of official duties in the same manner
as other employees of the state. 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 Duties; committee. new text end
new text begin
(a) The committee must comply with section 401.10.
new text end
new text begin
(b) By June 30, 2024, the committee must provide written advice and recommendations
to the commissioner on developing policy on:
new text end
new text begin
(1) developing statewide supervision standards and definitions to be applied to community
supervision provided by CPO counties, CCA counties, the Department of Corrections, and
Tribal governments;
new text end
new text begin
(2) requiring community supervision agencies to use the same agreed-upon 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 people on supervision across all
supervision systems and judicial districts, ensuring that conditions of supervision are directly
related to the offense of the person on supervision, and tailoring special conditions to people
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 as well as recidivism;
new text end
new text begin
(8) developing a statewide training, coaching, and quality assurance system overseen
by an evidence-based practices coordinator; and
new text end
new text begin
(9) devising a plan, by December 1, 2024, to eliminate the financial penalty incurred by
a jurisdiction that successfully discharges an offender from supervision before the offender's
term of supervision concludes.
new text end
new text begin
(c) By December 1, 2024, and every six years thereafter, the committee must review
and reassess the existing 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
(d) By June 30, 2024, the 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 funding. 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
The commissioner, in consultation with the committee,
must complete a workload study by December 1, 2024, to develop a capitated rate for
equitably funding community supervision throughout the state. The study must be updated
every six years after the initial study is completed.
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 delivery 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 offenders placed on probation each year;
new text end
new text begin
(2) the offense levels and offense types for which offenders are placed on probation;
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 offenders granted early discharge from probation;
new text end
new text begin
(5) the number of offenders restructured on supervision, including imposition of new
conditions of release; and
new text end
new text begin
(6) the number of offenders revoked from supervision and the identified grounds for
revocation.
new text end
new text begin
(c) On February 1, 2025, and every year thereafter, the commissioner must prepare a
report that contains the data collected under the method established by the committee under
this subdivision. The report must provide an analysis of the collected data by race, gender,
and county.
new text end
new text begin
(d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under sections 241.065, 401.06, 401.10, and 401.11.
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,
the commissioner must respond in writing to the committee's advice and recommendations
under subdivision 3. The commissioner's response must explain:
new text end
new text begin
(1) whether the agency 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 include any individual recommendations
of the committee in the agency's policy.
new text end
new text begin
(b) The commissioner must submit the advice and recommendations of the committee
to the chairs and ranking minority members of the legislative committees with jurisdiction
over public safety and finance.
new text end
new text begin Subd. 7. new text end
new text begin Staff; meeting room; office equipment. 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. 21.
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 should
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. 22.
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, it
would not unduly depreciate the seriousness of the violation if probation was not revoked,
and the policies favoring probation outweigh the need for confinement if a person has not
previously violated a condition of probation or intermediate sanction 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. 23. new text begin LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.
new text end
new text begin
By August 1, 2025, each local correctional agency under Minnesota Statutes, section
244.18, must provide a plan for phasing out local correctional fees. A copy of the plan must
be provided to all individuals under supervision by the agency. Local correctional fees must
not increase from the effective date of this section through August 1, 2025.
new text end
Sec. 24. new text begin COMMUNITY SUPERVISION ADVISORY COMMITTEE; REPORT.
new text end
new text begin
(a) By January 15, 2025, the committee must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety policy
and finance on progress toward developing standards and recommendations under Minnesota
Statutes, section 401.17, subdivision 3.
new text end
new text begin
(b) By January 15, 2026, the committee must submit a final report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance on the standards and recommendations developed according to Minnesota
Statutes, section 401.17, subdivision 3. At a minimum, the recommendations must include
a proposed state-level Community Supervision Advisory Board with a governance structure
and duties for the board.
new text end
Sec. 25. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24;
and 244.30,
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 244.18,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective August 1, 2023, and paragraph (b) is
effective August 1, 2025.
new text end