SF 3334

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human services; authorizing county agency access to the statewide
supervision system and National Crime Information Center for background
checks for adult foster care, family adult day services, and family child care
services; amending Minnesota Statutes 2006, section 241.065, subdivision 2;
Minnesota Statutes 2007 Supplement, section 245C.08, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 241.065, subdivision 2, is amended to read:

Subd. 2.

Establishment.

The Department of Corrections shall administer and
maintain a computerized data system for the purpose of assisting criminal justice agencies
in monitoring and enforcing the conditions of conditional release imposed on criminal
offenders by a sentencing court or the commissioner of corrections. The adult data and
juvenile data as defined in section 260B.171 in the statewide supervision system are
private data as defined in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to public defenders as
provided in section 611.272, to all trial courts and appellate courts, new text begin to a county agency for
background studies under section 245C.08, subdivision 2, new text end and to criminal justice agencies
in other states in the conduct of their official duties.

Sec. 2.

Minnesota Statutes 2007 Supplement, section 245C.08, subdivision 2, is
amended to read:

Subd. 2.

Background studies conducted by a county agency.

(a) For a background
study conducted by a county agency for adult foster care, family adult day services, and
family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment
of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for individuals
listed in section 245C.03, subdivision 1, clauses (2), (5), and (6); deleted text begin and
deleted text end

(3) information from the Bureau of Criminal Apprehension new text begin ;
new text end

new text begin (4) information from the statewide supervision system under section 241.065 new text end deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) information from the National Crime Information Center database.
new text end

(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider
information obtained under paragraph (a), clauses (3) and (4), unless the commissioner
received notice of the petition for expungement and the court order for expungement is
directed specifically to the commissioner.

new text begin (d) The county agency shall have direct access to the statewide supervision system
and the National Crime Information Center database for background studies conducted
under this subdivision.
new text end