SF 2974

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice information systems 
  1.3             technology; changing the membership of the criminal 
  1.4             and juvenile justice information policy group; 
  1.5             creating a data group to assist the policy group; 
  1.6             authorizing the purchase and distribution of criminal 
  1.7             justice technology infrastructure improvements; 
  1.8             requiring reports; appropriating money; amending 
  1.9             Minnesota Statutes 1998, section 299C.65, subdivision 
  1.10            1, and by adding subdivisions; Minnesota Statutes 1999 
  1.11            Supplement, section 299C.65, subdivision 2. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 299C.65, 
  1.14  subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The criminal and 
  1.16  juvenile justice information policy group consists of the chair 
  1.17  of the sentencing guidelines commission, the commissioner of 
  1.18  corrections, the commissioner of public safety, and the state 
  1.19  court administrator two members of the judicial branch appointed 
  1.20  by the chief justice of the supreme court. 
  1.21     (b) The policy group shall study and make recommendations 
  1.22  to the governor, the supreme court, and the legislature on:  
  1.23     (1) a framework for integrated criminal justice information 
  1.24  systems, including the development and maintenance of a 
  1.25  community data model for state, county, and local criminal 
  1.26  justice information; 
  1.27     (2) the responsibilities of each entity within the criminal 
  1.28  and juvenile justice systems concerning the collection, 
  2.1   maintenance, dissemination, and sharing of criminal justice 
  2.2   information with one another; 
  2.3      (3) actions necessary to ensure that information maintained 
  2.4   in the criminal justice information systems is accurate and 
  2.5   up-to-date; 
  2.6      (4) the development of an information system containing 
  2.7   criminal justice information on gross misdemeanor-level and 
  2.8   felony-level juvenile offenders that is part of the integrated 
  2.9   criminal justice information system framework; 
  2.10     (5) the development of an information system containing 
  2.11  criminal justice information on misdemeanor arrests, 
  2.12  prosecutions, and convictions that is part of the integrated 
  2.13  criminal justice information system framework; 
  2.14     (6) comprehensive training programs and requirements for 
  2.15  all individuals in criminal justice agencies to ensure the 
  2.16  quality and accuracy of information in those systems; 
  2.17     (7) continuing education requirements for individuals in 
  2.18  criminal justice agencies who are responsible for the 
  2.19  collection, maintenance, dissemination, and sharing of criminal 
  2.20  justice data; 
  2.21     (8) a periodic audit process to ensure the quality and 
  2.22  accuracy of information contained in the criminal justice 
  2.23  information systems; 
  2.24     (9) the equipment, training, and funding needs of the state 
  2.25  and local agencies that participate in the criminal justice 
  2.26  information systems; 
  2.27     (10) the impact of integrated criminal justice information 
  2.28  systems on individual privacy rights; 
  2.29     (11) the impact of proposed legislation on the criminal 
  2.30  justice system, including any fiscal impact, need for training, 
  2.31  changes in information systems, and changes in processes; 
  2.32     (12) the collection of data on race and ethnicity in 
  2.33  criminal justice information systems; 
  2.34     (13) the development of a tracking system for domestic 
  2.35  abuse orders for protection; 
  2.36     (14) processes for expungement, correction of inaccurate 
  3.1   records, destruction of records, and other matters relating to 
  3.2   the privacy interests of individuals; and 
  3.3      (15) the development of a database for extended 
  3.4   jurisdiction juvenile records and whether the records should be 
  3.5   public or private and how long they should be retained.  
  3.6      Sec. 2.  Minnesota Statutes 1999 Supplement, section 
  3.7   299C.65, subdivision 2, is amended to read: 
  3.8      Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
  3.9   an annual report with the governor, supreme court, and chairs 
  3.10  and ranking minority members of the senate and house committees 
  3.11  and divisions with jurisdiction over criminal justice funding 
  3.12  and policy by December 1 of each even-numbered year.  
  3.13     The report must make recommendations concerning any 
  3.14  legislative changes or appropriations that are needed to ensure 
  3.15  that the criminal justice information systems operate accurately 
  3.16  and efficiently.  To assist them in developing their 
  3.17  recommendations, the chair, the commissioners, and the 
  3.18  administrator policy group shall appoint a task force consisting 
  3.19  of the its members of the criminal and juvenile justice 
  3.20  information policy group or their designees and the following 
  3.21  additional members:  
  3.22     (1) the director of the office of strategic and long-range 
  3.23  planning; 
  3.24     (2) two sheriffs recommended by the Minnesota sheriffs 
  3.25  association; 
  3.26     (3) two police chiefs recommended by the Minnesota chiefs 
  3.27  of police association; 
  3.28     (4) two county attorneys recommended by the Minnesota 
  3.29  county attorneys association; 
  3.30     (5) two city attorneys recommended by the Minnesota league 
  3.31  of cities; 
  3.32     (6) two public defenders appointed by the board of public 
  3.33  defense; 
  3.34     (7) two district judges appointed by the conference of 
  3.35  chief judges, one of whom is currently assigned to the juvenile 
  3.36  court; 
  4.1      (8) two community corrections administrators recommended by 
  4.2   the Minnesota association of counties, one of whom represents a 
  4.3   community corrections act county; 
  4.4      (9) two probation officers; 
  4.5      (10) four public members, one of whom has been a victim of 
  4.6   crime, and two who are representatives of the private business 
  4.7   community who have expertise in integrated information systems; 
  4.8      (11) two court administrators; 
  4.9      (12) one member of the house of representatives appointed 
  4.10  by the speaker of the house; 
  4.11     (13) one member of the senate appointed by the majority 
  4.12  leader; 
  4.13     (14) the attorney general or a designee; 
  4.14     (15) the commissioner of administration or a designee; 
  4.15     (16) an individual recommended by the Minnesota league of 
  4.16  cities; and 
  4.17     (17) an individual recommended by the Minnesota association 
  4.18  of counties. 
  4.19  In making these appointments, the appointing authority shall 
  4.20  select members with expertise in integrated data systems or best 
  4.21  practices.  
  4.22     Sec. 3.  Minnesota Statutes 1998, section 299C.65, is 
  4.23  amended by adding a subdivision to read: 
  4.24     Subd. 2a.  [DATA GROUP.] The policy group shall be assisted 
  4.25  in carrying out its responsibilities under this section by the 
  4.26  data group.  The data group includes: 
  4.27     (1) the chief information officer of the court system; 
  4.28     (2) the chief information officer of the department of 
  4.29  corrections; 
  4.30     (3) the chief information officer of the department of 
  4.31  public safety; 
  4.32     (4) the information technology development manager for the 
  4.33  court system; 
  4.34     (5) the director of criminal justice information systems 
  4.35  for the bureau of criminal apprehension; 
  4.36     (6) the executive director of the sentencing guidelines 
  5.1   commission; 
  5.2      (7) the director of the interagency management unit of the 
  5.3   department of corrections; 
  5.4      (8) the chief information officer of the board of public 
  5.5   defense; and 
  5.6      (9) the chief information officer of the department of 
  5.7   administration. 
  5.8      Sec. 4.  Minnesota Statutes 1998, section 299C.65, is 
  5.9   amended by adding a subdivision to read: 
  5.10     Subd. 8a.  [CRIMINAL JUSTICE TECHNOLOGY INFRASTRUCTURE 
  5.11  IMPROVEMENTS.] (a) Within 30 days of the submission of the 
  5.12  Hennepin county integration plan funded by a grant under Laws 
  5.13  1999, chapter 216, article 1, section 7, subdivision 6, or 
  5.14  September 1, 2000, whichever is earlier, the policy group shall: 
  5.15     (1) review the recommendations of the data group regarding 
  5.16  the needs of state, county, and municipal government agencies 
  5.17  for electronic fingerprint capture technology, electronic 
  5.18  photographic identification technology, and additional bandwidth 
  5.19  to transfer and access the data from electronic fingerprint 
  5.20  capture technology and electronic photographic identification 
  5.21  technology to the state's central database; and 
  5.22     (2) choose locations and agencies to receive this 
  5.23  technology. 
  5.24     (b) Within the limits of available appropriations, the 
  5.25  commissioner of public safety shall purchase and distribute the 
  5.26  technology infrastructure improvements as directed by the policy 
  5.27  group.  The commissioner shall begin the purchasing process 
  5.28  within 30 days of receiving notice of the policy group's 
  5.29  decisions.  The commissioner shall distribute the improvements 
  5.30  as soon as practicable after beginning the purchasing process. 
  5.31     (c) If feasible, the policy group shall direct the 
  5.32  commissioner to distribute the technology infrastructure 
  5.33  improvements described in this subdivision in 100 locations.  
  5.34  However, no more than 30 percent of the improvements may be 
  5.35  distributed in one county. 
  5.36     Sec. 5.  [REPORTS REQUIRED.] 
  6.1      Subdivision 1.  [PUBLIC SAFETY.] By January 15, 2001, the 
  6.2   commissioner of public safety shall report to the chairs and 
  6.3   ranking minority members of the senate and house committees and 
  6.4   divisions having jurisdiction over criminal justice policy and 
  6.5   funding on the grants made and the technology infrastructure 
  6.6   improvements distributed under section 7, paragraph (a), clauses 
  6.7   (1) and (2).  The report must specify the amount spent on the 
  6.8   improvements or grants, how the improvements or grants were 
  6.9   distributed, and what the effect of the improvements or grants 
  6.10  have been. 
  6.11     Subd. 2.  [SUPREME COURT.] By January 15, 2001, the chief 
  6.12  justice of the supreme court is requested to report to the 
  6.13  chairs and ranking minority members of the senate and house 
  6.14  committees and divisions having jurisdiction over criminal 
  6.15  justice policy and funding on the redevelopment of the court 
  6.16  information system funded under section 7, paragraph (a), clause 
  6.17  (4).  The report must specify how the appropriation was spent 
  6.18  and what the results have been. 
  6.19     Subd. 3.  [SENTENCING GUIDELINES COMMISSION.] By January 
  6.20  15, 2001, the executive director of the sentencing guidelines 
  6.21  commission shall report to the chairs and ranking minority 
  6.22  members of the senate and house committees and divisions having 
  6.23  jurisdiction over criminal justice policy and funding on the 
  6.24  results of the pilot project funded under section 7, paragraph 
  6.25  (a), clause (3). 
  6.26     Sec. 6.  [PROPOSED EFFECTIVENESS MEASUREMENT STANDARDS AND 
  6.27  SANCTIONS; REPORT REQUIRED.] 
  6.28     (a) The criminal and juvenile justice information policy 
  6.29  group, in consultation with the task force described in 
  6.30  Minnesota Statutes, section 299C.65, subdivision 2, and the data 
  6.31  group described in Minnesota Statutes, section 299C.65, 
  6.32  subdivision 2a, shall develop recommended standards to measure 
  6.33  the effectiveness of the use of the technology infrastructure 
  6.34  improvements described in Minnesota Statutes, section 299C.65, 
  6.35  subdivision 8a, and the improvements made to the court 
  6.36  information system funded by state appropriations.  The 
  7.1   standards must be based on objective factors that can indicate 
  7.2   whether the improvements have actually increased the 
  7.3   effectiveness of the receiving agency's or court's system, and 
  7.4   if so to what degree. 
  7.5      (b) The policy group, in consultation with the task force 
  7.6   and data group, shall also recommend appropriate sanctions for 
  7.7   the court or an agency that receives the technology improvements 
  7.8   but does not meet the recommended effectiveness standards. 
  7.9      (c) By January 15, 2001, the policy group shall report the 
  7.10  recommended standards and sanctions to the chairs and ranking 
  7.11  minority members of the senate and house committees and 
  7.12  divisions having jurisdiction over criminal justice funding. 
  7.13     Sec. 7.  [APPROPRIATIONS.] 
  7.14     (a) $15,000,000 is appropriated from the general fund to 
  7.15  the commissioner of public safety for the fiscal year ending 
  7.16  June 30, 2001.  This money may be used only for the purposes 
  7.17  listed in this section.  Of this amount: 
  7.18     (1) $10,388,000 is for criminal justice technology 
  7.19  infrastructure improvements under Minnesota Statutes, section 
  7.20  299C.65, subdivision 8a, for the purchase and distribution of: 
  7.21     (i) electronic fingerprint capture technology; 
  7.22     (ii) electronic photographic identification technology; and 
  7.23     (iii) additional bandwidth to transfer and access 
  7.24  electronic photographic identification data and electronic 
  7.25  fingerprint data to the state's central database; 
  7.26     (2) $1,000,000 is for grants to government agencies to 
  7.27  transfer and access data from the agencies to the statewide hot 
  7.28  file probation and pretrial release data system.  The criminal 
  7.29  and juvenile justice information policy group shall review grant 
  7.30  applications under this clause and the commissioner shall make 
  7.31  the grants approved by the policy group within the limits of the 
  7.32  appropriation.  Up to $200,000 of this appropriation may be used 
  7.33  for grants to pay the costs of developing or implementing a 
  7.34  criminal justice information integration plan as described in 
  7.35  Minnesota Statutes, section 299C.65, subdivisions 5, 6, and 7; 
  7.36     (3) $100,000 is for Ramsey county and the sentencing 
  8.1   guidelines commission to establish a pilot project in Ramsey 
  8.2   county to use the statewide statute table to insure accurate and 
  8.3   uniform charging on criminal complaints; and 
  8.4      (4) $3,512,000 is to be transferred to the supreme court to 
  8.5   begin redevelopment of the court information system to be used 
  8.6   by all counties to integrate court information with other 
  8.7   criminal justice information.  This money may not be used by the 
  8.8   supreme court for any purpose other than this. 
  8.9      (b) Upon approval of the policy group, the commissioner may 
  8.10  use up to 7.5 percent of the amount appropriated in paragraph 
  8.11  (a), clause (1), to implement this section. 
  8.12     Sec. 8.  [EFFECTIVE DATE.] 
  8.13     Sections 1 to 6 are effective the day following final 
  8.14  enactment.