Minnesota Legislature
SF 3088
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 09:01am
Current Version - as introduced
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A bill for an act
relating to health; modifying the Safe Harbor Act to include all individuals; amending
Minnesota Statutes 2022, sections 145.4711, by adding a subdivision; 145.4716;
145.4717; 145.4718; 609.3241; 609.5315, subdivision 5c.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2022, section 145.4711, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Sexually exploited individual. new text end
new text begin
"Sexually exploited individual" means an
individual who:
new text end
new text begin
(1) is alleged to have engaged in conduct which would violate any federal, state, or local
law relating to being hired, offering to be hired, or agreeing to be hired by another individual
to engage in sexual penetration or sexual conduct;
new text end
new text begin
(2) is a victim of a crime described in section 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3453, 609.3458, 609.352, 617.246, or 617.247;
new text end
new text begin
(3) is a victim of a crime described in United States Code, title 18, section 2260, 2421,
2422, 2423, 2425, 2425A, or 2256;
new text end
new text begin
(4) is a sex trafficking victim as defined in section 609.321, subdivision 7b; or
new text end
new text begin
(5) is a victim of commercial sexual exploitation as defined in United States Code, title
22, section 7102(11)(A) and (12).
new text end
Sec. 2.
Minnesota Statutes 2022, section 145.4716, is amended to read:
145.4716 SAFE HARBOR FOR SEXUALLY EXPLOITED deleted text begin YOUTHdeleted text end new text begin
INDIVIDUALSnew text end .
Subdivision 1.
Director.
The commissioner of health shall establish a position for a
director of deleted text begin childdeleted text end sex trafficking prevention.
Subd. 2.
Duties of director.
The director of deleted text begin childdeleted text end sex trafficking prevention is responsible
for the following:
(1) developing and providing comprehensive training on sexual exploitation of deleted text begin youthdeleted text end new text begin
individualsnew text end for social service professionals, medical professionals, public health workers,
deleted text begin anddeleted text end criminal justice professionalsnew text begin , and law enforcementnew text end ;
(2) collecting, organizing, maintaining, and disseminating information on sexual
exploitation and services across the state, including maintaining a list of resources on the
Department of Health website;
(3) monitoring and applying for federal funding for antitrafficking efforts that may
benefit victims in the state;
(4) managing grant programs established under sections 145.4716 to 145.4718; 609.3241,
paragraph (c), clause (3); and 609.5315, subdivision 5c, clause (3);
(5) managing the request for proposals for grants for comprehensive services, including
trauma-informed, culturally specific services;
(6) identifying best practices in serving sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , as defined
in section deleted text begin 260C.007, subdivision 31deleted text end new text begin 145.4711, subdivision 7new text end ;
(7) providing oversight of and technical support to regional navigators pursuant to section
145.4717;
(8) conducting a comprehensive evaluation of the statewide program for safe harbor of
sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end ; and
(9) developing a policy consistent with the requirements of chapter 13 for sharing data
related to sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , as defined in section deleted text begin 260C.007, subdivision
31deleted text end new text begin 145.4711, subdivision 7new text end , among regional navigators and community-based advocates.
Subd. 3.
deleted text begin Youthdeleted text end new text begin Individualsnew text end eligible for services.
deleted text begin Youth 24 years of age or youngerdeleted text end new text begin
Any individual who is determined to be sexually exploitednew text end shall be eligible for all services,
support, and programs provided under this section and section 145.4717, and all shelter,
housing beds, and services provided by the commissioner of human services to sexually
exploited deleted text begin youthdeleted text end new text begin individualsnew text end and deleted text begin youthdeleted text end new text begin individualsnew text end at risk of sexual exploitation.
Sec. 3.
Minnesota Statutes 2022, section 145.4717, is amended to read:
145.4717 REGIONAL NAVIGATOR GRANTS.
The commissioner of health, through its director of deleted text begin childdeleted text end sex trafficking prevention
established in section 145.4716, shall provide grants to regional navigators serving six
regions of the state to be determined by the commissioner. Each regional navigator must
develop and annually submit a work plan to the director of deleted text begin childdeleted text end sex trafficking prevention.
The work plans must include, but are not limited to, the following information:
(1) a needs statement specific to the region, including an examination of the population
at risk;
(2) regional resources available to sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , as defined in
section deleted text begin 260C.007, subdivision 31deleted text end new text begin 145.4711, subdivision 7new text end ;
(3) grant goals and measurable outcomes; and
(4) grant activities including timelines.
Sec. 4.
Minnesota Statutes 2022, section 145.4718, is amended to read:
145.4718 PROGRAM EVALUATION.
(a) The director of deleted text begin childdeleted text end sex trafficking prevention established under section 145.4716
must conduct, or contract for, comprehensive evaluation of the statewide program for safe
harbor for sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end . The first evaluation must be completed by
June 30, 2015, and must be submitted to the commissioner of health by September 1, 2015,
and every two years thereafter. The evaluation must consider whether the program is reaching
intended victims and whether support services are available, accessible, and adequate for
sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , as defined in section deleted text begin 260C.007, subdivision 31deleted text end new text begin
145.4711, subdivision 7new text end .
(b) In conducting the evaluation, the director of deleted text begin childdeleted text end sex trafficking prevention must
consider evaluation of outcomes, including whether the program increases identification of
sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , coordination of investigations, access to services and
housing available for sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , and improved effectiveness of
services. The evaluation must also include examination of the ways in which penalties under
section 609.3241 are assessed, collected, and distributed to ensure funding for investigation,
prosecution, and victim services to combat sexual exploitation of deleted text begin youthdeleted text end new text begin individualsnew text end .
Sec. 5.
Minnesota Statutes 2022, section 609.3241, is amended to read:
609.3241 PENALTY ASSESSMENT AUTHORIZED.
(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, a violation of section 609.33, or a violation of section 617.293;
otherwise the court shall impose an assessment of not less than $750 and not more than
$1,000. The assessment shall be distributed as provided in paragraph (c) and is in addition
to the surcharge required by section 357.021, subdivision 6.
(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of deleted text begin youthdeleted text end new text begin individualsnew text end , or if the arresting officer is an
employee of the state, this portion shall be forwarded to the commissioner of public safety
for those purposes identified in clause (3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of deleted text begin youthdeleted text end new text begin individualsnew text end ; and
(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for deleted text begin youthdeleted text end new text begin individualsnew text end account in the special revenue fund and
are appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , as defined in section deleted text begin 260C.007,
subdivision 31deleted text end new text begin 145.4711, subdivision 7new text end .
(d) A safe harbor for deleted text begin youthdeleted text end new text begin individualsnew text end account is established as a special account in the
state treasury.
Sec. 6.
Minnesota Statutes 2022, section 609.5315, subdivision 5c, is amended to read:
Subd. 5c.
Disposition of money; prostitution.
Money forfeited under section 609.5312,
subdivision 1, paragraph (b), must be distributed as follows:
(1) 40 percent must be forwarded to the appropriate agency for deposit as a supplement
to the agency's operating fund or similar fund for use in law enforcement;
(2) 20 percent must be forwarded to the prosecuting authority that handled the forfeiture
for deposit as a supplement to its operating fund or similar fund for prosecutorial purposes;
and
(3) the remaining 40 percent must be forwarded to the commissioner of health to be
deposited in the safe harbor for deleted text begin youthdeleted text end new text begin individualsnew text end account in the special revenue fund and
is appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited deleted text begin youthdeleted text end new text begin individualsnew text end , as defined in section deleted text begin 260C.007,
subdivision 31deleted text end new text begin 145.4711, subdivision 7new text end .