SF 5337

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/29/2024 12:12pm

A bill for an act
relating to public safety; providing for funding and related policy changes to the
Department of Public Safety, Department of Corrections, judiciary, and the
Clemency Review Commission; requiring reports; appropriating money; amending
Minnesota Statutes 2022, sections 260B.198, subdivision 1; 260B.225, subdivision
9; 260B.235, subdivision 4; 299A.73, subdivision 4; 609.02, by adding a
subdivision; Minnesota Statutes 2023 Supplement, sections 244.41, subdivisions
6, 14, by adding a subdivision; 244.46, subdivisions 1, 2; 299A.49, subdivisions
8, 9; 299A.95, subdivision 5; 401.10, subdivision 1; 609A.06, subdivision 2;
638.09, subdivision 5; Laws 2023, chapter 52, article 2, sections 3, subdivision 5;
6, subdivisions 1, 4; article 8, section 20, subdivision 3; Laws 2023, chapter 63,
article 5, section 5; proposing coding for new law in Minnesota Statutes, chapter
241.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 52, articles 1 and 2,
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 addition to
or subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The
second year" is fiscal year 2025. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2024, 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 end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 5,750,000 new text end

new text begin (a) Court Cyber Security new text end

new text begin $5,250,000 the second year is for the judicial
branch cyber security program. This is a
onetime appropriation and is available until
June 30, 2027.
new text end

new text begin (b) Safe and Secure Courthouses new text end

new text begin $500,000 the second year is for a competitive
grant program for courthouse safety and
security improvements. This is a onetime
appropriation.
new text end

Sec. 3. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 6,627,000 new text end

new text begin $ new text end

new text begin 23,623,000 new text end

new text begin (a) Psychological Services new text end

new text begin $5,317,000 the first year and $15,951,000 the
second year are for the psychological and
psychiatric examiner services program, which
delivers statutorily mandated psychological
examinations for civil commitment, criminal
competency, and criminal responsibility
evaluations. The appropriation in the second
year is onetime and is available until June 30,
2027.
new text end

new text begin (b) Psychological Examiners Pay Rate Increase new text end

new text begin $1,203,000 the second year is to increase the
hourly pay rate of psychological examiners.
new text end

new text begin (c) Court Interpreters new text end

new text begin $1,290,000 the first year and $3,870,000 the
second year are for court interpreters. The
appropriation in the second year is onetime
and is available until June 30, 2027.
new text end

new text begin (d) Court Interpreters Pay Rate Increase new text end

new text begin $235,000 the second year is to increase the
hourly pay rate of court interpreters. The base
for this appropriation is $297,000 beginning
in fiscal year 2026.
new text end

new text begin (e) Increased Cost of Jury Programs new text end

new text begin $20,000 the first year and $2,364,000 the
second year are for increased costs of jury
programs. The appropriation in the second
year is onetime and is available until June 30,
2027.
new text end

Sec. 4. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 7,000,000 new text end

new text begin $ new text end

new text begin 10,000,000 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 0 new text end	new text begin 10,000,000 new text end
new text begin 911 Fund new text end	new text begin 7,000,000 new text end	new text begin 0 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 Crime Victim Services new text end

new text begin $9,200,000 the second year is from the general
fund for grants for direct services and
advocacy for crime victims. Up to five percent
of the appropriation is available for grant
administration. This is a onetime
appropriation.
new text end

new text begin Subd. 3. new text end new text begin Preventing Violence Against Latina Women Report new text end

new text begin $250,000 the second year is from the general
fund for a grant to Esperanza United to
complete the report on preventing violence
against Latina women and queer Latines
described in section 10. This is a onetime
appropriation.
new text end

new text begin Subd. 4. new text end new text begin Youth Support Service Grants new text end

new text begin $500,000 the second year is from the general
fund for youth support service grants under
section 11. This is a onetime appropriation.
new text end

new text begin Subd. 5. new text end new text begin Hmong American Mediation Center new text end

new text begin $50,000 the second year is from the general
fund for a grant to the Hmong American
Mediation Center to provide mediation and
restorative justice services. This is a onetime
appropriation.
new text end

new text begin Subd. 6. new text end new text begin Digital Geographic Information System Mapping For School Facilities new text end

new text begin (a) $7,000,000 the first year from the state
government special revenue fund for 911
emergency telecommunications services is to
issue grants to the regional emergency
communications boards as defined by
Minnesota Statutes, section 403.392. This is
a onetime appropriation and is available until
June 30, 2026.
new text end

new text begin (b) If awarded a grant, a regional
communications board must use the grant
funds exclusively to create digital geographic
information system mapping data of facilities
managed by a school district; charter school;
intermediate school district or cooperative unit
under Minnesota Statutes, section 123A.24,
subdivision 2; the Perpich Center for Arts
Education; the Minnesota State Academies;
private schools; or a Tribal contract school
that serves children in early childhood or
prekindergarten programs or students enrolled
in kindergarten through grade 12 within the
regional emergency communications board's
jurisdiction.
new text end

new text begin (c) The data created pursuant to paragraph (b)
must be:
new text end

new text begin (1) compatible with software platforms used
by local, state, and federal public safety
agencies that provide emergency services to
the specific school for which the data is
provided without requiring such agencies to
purchase additional software or requiring a
fee to view or access the data;
new text end

new text begin (2) compatible with security software
platforms in use by the specific school for
which the data is provided without requiring
the local law enforcement agencies or school
districts to purchase additional software or
requiring a fee to view or access the data;
new text end

new text begin (3) verified for accuracy following a physical
walkthrough; and
new text end

new text begin (4) perpetually available to schools and law
enforcement agencies mapped pursuant to a
grant and the Department of Public Safety.
new text end

new text begin (d) The statewide emergency communications
board may implement further requirements at
their discretion.
new text end

new text begin (e) At the conclusion of work completed
pursuant to a grant under this section, the
board must deliver all data created, collected,
or maintained under this section to the school
without payment, and in a manner that the
school may own, control, use, and access the
data without limitation. The data must be
provided in a form that permits the school to
share the data with a law enforcement agency.
new text end

new text begin (f) Each regional emergency communication
board that receives a grant must complete the
mapping project and report completion to the
commissioner on or before July 1, 2026. Upon
request, the commissioner may grant a
reasonable extension of time to the requesting
regional emergency communication board to
complete the project.
new text end

new text begin (g) Regional emergency communications
boards shall work collaboratively with schools
and public safety agencies to include local law
enforcement, fire agencies, EMS, and 911
during the procurement process.
new text end

new text begin (h) Any data created under this section is
classified as nonpublic data as defined in
Minnesota Statutes, section 13.02, subdivision
9.
new text end

Sec. 5. new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 5,900,000 new text end

new text begin $ new text end

new text begin 1,990,000 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 Facility Operation new text end

new text begin 5,900,000 new text end

new text begin 1,990,000 new text end

new text begin $5,900,000 the first year and $1,990,000 the
second year are for the operation of
correctional facilities. The base for this
appropriation is $7,091,000 beginning in fiscal
year 2026.
new text end

Sec. 6. new text begin CLEMENCY REVIEW COMMISSION new text end

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 986,000 new text end

new text begin $986,000 the second year is for the Clemency
Review Commission described in Minnesota
Statutes, section 638.09. Of this amount,
$200,000 the second year is for grants to
support outreach and clemency application
assistance.
new text end

Sec. 7.

Laws 2023, chapter 52, article 2, section 3, subdivision 5, is amended to read:

Subd. 5. Fire Marshal

17,013,000

17,272,000

Appropriations by Fund
General	4,184,000	4,190,000
Special Revenue	12,829,000	13,082,000

The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation for this account is $13,182,000
in fiscal year 2026 and $13,082,000 in fiscal
year 2027.

(a) Hazardous Materials and Emergency
Response Teams

$1,695,000 the first year and $1,595,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $1,695,000 in the first year of future biennia
and $1,595,000 in the second year of future
biennia.

(b) Bomb Squad Reimbursements

$250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.

(c) Nonresponsible Party Reimbursements

$750,000 each year from the fire safety
account is for nonresponsible party hazardous
material new text begin , Urban Search and Rescue, Minnesota
Air Rescue Team, new text end and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.

(d) Hometown Heroes Assistance Program

$4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8.

Laws 2023, chapter 52, article 2, section 6, subdivision 1, is amended to read:

Subdivision 1. Total Appropriation

$

12,643,000

$

797,937,000

$

deleted text begin 826,661,000 deleted text end new text begin 825,675,000 new text end

The amounts that may be spent for each
purpose are specified in the following
subdivisions.

Sec. 9.

Laws 2023, chapter 52, article 2, section 6, subdivision 4, is amended to read:

Subd. 4. Organizational, Regulatory, and Administrative Services

73,586,000

deleted text begin 74,287,000 deleted text end new text begin 73,301,000 new text end

(a) Public Safety Data Infrastructure

$22,914,000 the first year and $22,915,000
the second year are for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. The base for this purpose is
$4,097,000 beginning in fiscal year 2026. Any
unspent funds from the current biennium do
not cancel and are available in the next
biennium.

(b) Supervised Release Board

$40,000 each year is to establish and operate
the supervised release board pursuant to
Minnesota Statutes, section 244.049.

(c) Recruitment and Retention

$3,200,000 the first year and $400,000 the
second year are for recruitment and retention
initiatives. Of this amount, $2,800,000 the first
year is for staff recruitment, professional
development, conflict resolution, and staff
wellness, and to contract with community
collaborative partners who specialize in trauma
recovery.

(d) Clemency Review Commission

$986,000 deleted text begin each year deleted text end new text begin the first year new text end is for the
clemency review commission described in
Minnesota Statutes, section 638.09. Of this
amount, $200,000 each year is for grants to
support outreach and clemency application
assistance. new text begin Any unencumbered balance
remaining in the first year does not cancel, but
must be transferred to the Clemency Review
Commission by July 1, 2024. Funds
transferred under this paragraph are available
until June 30, 2025.
new text end

(e) Accountability and Transparency

$1,000,000 each year is for accountability and
transparency initiatives. The base for this
appropriation is $1,480,000 beginning in fiscal
year 2026.

(f) Organizational, Regulatory, and
Administrative Services Base Budget

The base for organizational, regulatory, and
administrative services is deleted text begin $55,849,000 deleted text end new text begin
$54,863,000 new text end in fiscal year 2026 and
deleted text begin $55,649,000 deleted text end new text begin $54,663,000 new text end in fiscal year 2027.

Sec. 10. new text begin REPORT PREVENTING VIOLENCE AGAINST LATINA WOMEN AND
QUEER LATINES IN MINNESOTA.
new text end

new text begin (a) The commissioner of public safety shall provide a grant to Esperanza United to
develop a report that provides preliminary research and recommendations to reduce, prevent,
and end violence against Latina women and girls, including queer Latines, in Minnesota.
The Department of Public Safety shall provide support and technical assistance to Esperanza
United as requested.
new text end

new text begin (b) The report may include recommended strategies to disrupt the pathways toward
gender-based violence and help prevent violence before it occurs, such as outreach and
communication, public engagement, and public campaigns to address and educate local
communities about self confidence, leadership skills, family support, and healthy
relationships. The report may identify:
new text end

new text begin (1) ways to effectively connect programs and services provided by state agencies,
counties, and nongovernmental organizations to improve services to victims and survivors,
and their families and communities;
new text end

new text begin (2) systemic causes behind violence impacting Latina women and girls, including queer
Latines, and patterns and underlying factors explaining disproportionality, including
underlying historical, social, economic, religious, institutional, immigration, and cultural
factors that may contribute to the violence;
new text end

new text begin (3) appropriate methods for tracking and collecting data on violence against Latinas and
queer Latines, including data and research on prevention methods;
new text end

new text begin (4) policies and institutional practices in education, labor, child welfare, coroner practices,
policing, health care, civil and criminal legal systems, and other practices impacting victims;
new text end

new text begin (5) measures necessary to address and reduce violence, including public awareness,
research, community awareness campaigns, youth education, and family support practices;
and
new text end

new text begin (6) measures to help victims and survivors, and their families and communities, prevent
and heal from violence, including recommendations to expand existing programs; identify
new strategies that educate young people in effective communication, training in self
confidence, leadership skills, and healthy relationships; and general innovative strategies
that strengthen relationships with families and networks of support.
new text end

new text begin (c) The report shall be submitted to the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety by January 1, 2025.
new text end

Sec. 11. new text begin YOUTH SUPPORT SERVICES GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants to counties. new text end

new text begin The commissioner of public safety shall issue grants
to Anoka County, Hennepin County, and Ramsey County for the purposes described in
subdivision 2. Of the total amount appropriated for this purpose, 20 percent is for a grant
to Anoka County, 40 percent is for a grant to Hennepin County, and 40 percent is for a grant
to Ramsey County.
new text end

new text begin Subd. 2. new text end

new text begin Grants to community organizations; eligibility. new text end

new text begin (a) A county that receives a
grant pursuant to subdivision 1 must use the money received to issue subgrants to community
organizations or community-rooted programs to provide intervention and support services
for youth who come into contact with peace officers and are suspected to have committed
a juvenile petty offense or delinquent act. A subgrantee must disclose to the county the
number of cases and the types of offenses they are able to accept. A subgrantee may also
use a subgrant to provide stipends or salaries to employ eligible youth. A county may retain
up to five percent of the amount received for administrative costs.
new text end

new text begin (b) To qualify for a subgrant under this section, a program must provide services that:
new text end

new text begin (1) were in operation before July 1, 2024;
new text end

new text begin (2) may be used as an alternative to arrest pursuant to Minnesota Statutes, section
260B.1755;
new text end

new text begin (3) promote personal accountability, prosocial connections, and positive youth
development;
new text end

new text begin (4) include wraparound services to educate and support families of participating youth;
and
new text end

new text begin (5) utilize data-supported practices.
new text end

new text begin (c) Eligible programs may utilize restorative practices or qualify as a pretrial diversion
program for juveniles pursuant to Minnesota Statutes, section 388.24.
new text end

new text begin (d) In issuing subgrants, counties must prioritize programs that incorporate employment
or jobs skills training and programs that collaborate with local law enforcement agencies
and accept referrals for intervention from local law enforcement agencies.
new text end

new text begin Subd. 3. new text end

new text begin Return of grant money. new text end

new text begin Any portion of a grant issued to a county pursuant to
subdivision 1 that is unspent or unencumbered on December 31, 2025, must be returned to
the commissioner of public safety. Any money returned to the commissioner pursuant to
this subdivision must be treated as a canceled appropriation and deposited in the general
fund.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin By April 15, 2026, the counties receiving grants under this section
must report to the commissioner of public safety on the programs that received subgrants.
At a minimum, the report must include:
new text end

new text begin (1) the recipients of any subgrants;
new text end

new text begin (2) the programs and services provided by each recipient;
new text end

new text begin (3) the number of youth served by each recipient and the respective referring agency, if
applicable;
new text end

new text begin (4) aggregated demographic data regarding youth participating in programs provided
by each recipient;
new text end

new text begin (5) if applicable, the number and percentage of youth who successfully completed a
program or were still participating in a program at the time of the report; and
new text end

new text begin (6) the total number of unique youth referrals, and additional referrals for youth for new
delinquent offenses after youth began participating in a program or receiving services.
new text end

ARTICLE 2

PUBLIC SAFETY

Section 1.

Minnesota Statutes 2022, section 260B.198, subdivision 1, is amended to read:

Subdivision 1.

Court order, findings, remedies, treatment.

(a) If the court finds that
the child is delinquent, it shall enter an order making any of the following dispositions of
the case which are deemed necessary to the rehabilitation of the child:

(1) counsel the child or the parents, guardian, or custodian;

(2) place the child under the supervision of a probation officer or other suitable person
in the child's own home under conditions prescribed by the court including reasonable rules
for the child's conduct and the conduct of the child's parents, guardian, or custodian, designed
for the physical, mental, and moral well-being and behavior of the child, or with the consent
of the commissioner of corrections, in a group foster care facility which is under the
management and supervision of said commissioner;

(3) if the court determines that the child is a danger to self or others, subject to the
supervision of the court, transfer legal custody of the child to one of the following:

(i) a child-placing agency;

(ii) the local social services agency;

(iii) a reputable individual of good moral character. No person may receive custody of
two or more unrelated children unless licensed as a residential facility pursuant to sections
245A.01 to 245A.16;

(iv) a county home school, if the county maintains a home school or enters into an
agreement with a county home school; or

(v) a county probation officer for placement in a group foster home established under
the direction of the juvenile court and licensed pursuant to section 241.021;

(4) transfer legal custody by commitment to the commissioner of corrections;

(5) if the child is found to have violated a state or local law or ordinance which has
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for such damage new text begin and may offer the child an opportunity to
participate in a restorative process to satisfy the restitution obligation, where available new text end ;

(6) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child;

(7) if the child is in need of special treatment and care for reasons of physical or mental
health, the court may order the child's parent, guardian, or custodian to provide it. If the
parent, guardian, or custodian fails to provide this treatment or care, the court may order it
provided;

(8) if the court believes that it is in the best interests of the child and of public safety
that the driver's license of the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the cancellation of the child's license
for any period up to the child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before the termination of the period
of cancellation, the court may, for good cause, recommend to the commissioner of public
safety that the child be authorized to apply for a new license, and the commissioner may so
authorize;

(9) if the court believes that it is in the best interest of the child and of public safety that
the child is enrolled in school, the court may require the child to remain enrolled in a public
school until the child reaches the age of 18 or completes all requirements needed to graduate
from high school. Any child enrolled in a public school under this clause is subject to the
provisions of the Pupil Fair Dismissal Act in chapter 127;

(10) if the child is petitioned and found by the court to have committed a controlled
substance offense under sections 152.021 to 152.027, the court shall determine whether the
child unlawfully possessed or sold the controlled substance while driving a motor vehicle.
If so, the court shall notify the commissioner of public safety of its determination and order
the commissioner to revoke the child's driver's license for the applicable time period specified
in section 152.0271. If the child does not have a driver's license or if the child's driver's
license is suspended or revoked at the time of the delinquency finding, the commissioner
shall, upon the child's application for driver's license issuance or reinstatement, delay the
issuance or reinstatement of the child's driver's license for the applicable time period specified
in section 152.0271. Upon receipt of the court's order, the commissioner is authorized to
take the licensing action without a hearing;

(11) if the child is petitioned and found by the court to have committed or attempted to
commit an act in violation of section 609.342; 609.343; 609.344; 609.345; 609.3451;
609.746, subdivision 1; 609.79; or 617.23, or another offense arising out of a delinquency
petition based on one or more of those sections, the court shall order an independent
professional assessment of the child's need for sex offender treatment. An assessor providing
an assessment for the court must be experienced in the evaluation and treatment of juvenile
sex offenders. If the assessment indicates that the child is in need of and amenable to sex
offender treatment, the court shall include in its disposition order a requirement that the
child undergo treatment. Notwithstanding section 13.384, 13.85, 144.291 to 144.298, or
260B.171, or chapter 260E, the assessor has access to the following private or confidential
data on the child if access is relevant and necessary for the assessment:

(i) medical data under section 13.384;

(ii) corrections and detention data under section 13.85;

(iii) health records under sections 144.291 to 144.298;

(iv) juvenile court records under section 260B.171; and

(v) local welfare agency records under chapter 260E.

Data disclosed under this clause may be used only for purposes of the assessment and
may not be further disclosed to any other person, except as authorized by law; or

(12) if the child is found delinquent due to the commission of an offense that would be
a felony if committed by an adult, the court shall make a specific finding on the record
regarding the juvenile's mental health and chemical dependency treatment needs.

(b) Any order for a disposition authorized under this section shall contain written findings
of fact to support the disposition ordered and shall also set forth in writing the following
information:

(1) why the best interests of the child are served by the disposition ordered; and

(2) what alternative dispositions were considered by the court and why such dispositions
were not appropriate in the instant case. Clause (1) does not apply to a disposition under
subdivision 1a.

Sec. 2.

Minnesota Statutes 2022, section 260B.225, subdivision 9, is amended to read:

Subd. 9.

Juvenile major highway or water traffic offender.

If the juvenile court finds
that the child is a juvenile major highway or water traffic offender, it may make any one or
more of the following dispositions of the case:

(1) reprimand the child and counsel with the child and the parents;

(2) continue the case for a reasonable period under such conditions governing the child's
use and operation of any motor vehicles or boat as the court may set;

(3) require the child to attend a driver improvement school if one is available within the
county;

(4) recommend to the Department of Public Safety suspension of the child's driver's
license as provided in section 171.16;

(5) if the child is found to have committed two moving highway traffic violations or to
have contributed to a highway accident involving death, injury, or physical damage in excess
of $100, the court may recommend to the commissioner of public safety or to the licensing
authority of another state the cancellation of the child's license until the child reaches the
age of 18 years, and the commissioner of public safety is hereby authorized to cancel the
license without hearing. At any time before the termination of the period of cancellation,
the court may, for good cause, recommend to the commissioner of public safety, or to the
licensing authority of another state, that the child's license be returned, and the commissioner
of public safety is authorized to return the license;

(6) place the child under the supervision of a probation officer in the child's own home
under conditions prescribed by the court including reasonable rules relating to operation
and use of motor vehicles or boats directed to the correction of the child's driving habits;

(7) if the child is found to have violated a state or local law or ordinance and the violation
resulted in damage to the person or property of another, the court may order the child to
make reasonable restitution for the damage new text begin and may offer the child an opportunity to
participate in a restorative process to satisfy the restitution obligation, where available new text end ;

(8) require the child to pay a fine of up to $1,000. The court shall order payment of the
fine in accordance with a time payment schedule which shall not impose an undue financial
hardship on the child; new text begin or
new text end

(9) if the court finds that the child committed an offense described in section 169A.20,
the court shall order that a chemical use assessment be conducted and a report submitted to
the court in the manner prescribed in section 169A.70. If the assessment concludes that the
child meets the level of care criteria for placement under rules adopted under section 254A.03,
subdivision 3, the report must recommend a level of care for the child. The court may require
that level of care in its disposition order. In addition, the court may require any child ordered
to undergo an assessment to pay a chemical dependency assessment charge of $75. The
court shall forward the assessment charge to the commissioner of management and budget
to be credited to the general fund. The state shall reimburse counties for the total cost of
the assessment in the manner provided in section 169A.284.

Sec. 3.

Minnesota Statutes 2022, section 260B.235, subdivision 4, is amended to read:

Subd. 4.

Dispositions.

If the juvenile court finds that a child is a petty offender, the court
may:

(1) require the child to pay a fine of up to $100;

(2) require the child to participate in a community service project;

(3) require the child to participate in a drug awareness program;

(4) order the child to undergo a chemical dependency evaluation and if warranted by
this evaluation, order participation by the child in an outpatient chemical dependency
treatment program;

(5) place the child on probation for up to six months or, in the case of a juvenile alcohol
or controlled substance offense, following a determination by the court that the juvenile is
chemically dependent, the court may place the child on probation for a time determined by
the court;

(6) order the child to make restitution to the victim new text begin , which may be satisfied through
participation in a restorative process, where available new text end ; or

(7) perform any other activities or participate in any other outpatient treatment programs
deemed appropriate by the court.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase an alcoholic beverage in violation of section 340A.503, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase the
alcoholic beverage, the court shall forward its finding in the case and the child's driver's
license or permit to the commissioner of public safety. Upon receipt, the commissioner shall
suspend the child's license or permit for a period of 90 days.

In all cases where the juvenile court finds that a child has purchased or attempted to
purchase tobacco in violation of section 609.685, subdivision 3, if the child has a driver's
license or permit to drive, and if the child used a driver's license, permit, Minnesota
identification card, or any type of false identification to purchase or attempt to purchase
tobacco, the court shall forward its finding in the case and the child's driver's license or
permit to the commissioner of public safety. Upon receipt, the commissioner shall suspend
the child's license or permit for a period of 90 days.

None of the dispositional alternatives described in clauses (1) to (6) shall be imposed
by the court in a manner which would cause an undue hardship upon the child.

Sec. 4.

Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 8, is amended
to read:

Subd. 8.

State emergency response asset.

"State emergency response asset" means any
team or teams defined under this section new text begin and that has entered into a contractual agreement
with the State Fire Marshal Division 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. 5.

Minnesota Statutes 2023 Supplement, section 299A.49, subdivision 9, is amended
to read:

Subd. 9.

Urban search and rescue deleted text begin team (USAR) deleted text end new text begin (US&R) new text end .

"Urban search and rescue
deleted text begin team deleted text end " or deleted text begin "USAR" deleted text end new text begin "US&R" new text end means a deleted text begin team trained and equipped to respond to and carry out
rescue and recovery operations at the scene of a collapsed structure. A USAR team may
include strategically located fire department assets combined under one joint powers
agreement deleted text end new text begin multihazard discipline that involves the location, extrication, and initial medical
stabilization of victims trapped or missing because of a man-made or natural disaster 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. 6.

Minnesota Statutes 2022, section 299A.73, subdivision 4, is amended to read:

Subd. 4.

Administrative costs.

The commissioner may use up to deleted text begin two deleted text end new text begin ten new text end percent of the
biennial appropriation for grants-in-aid to the youth intervention program to pay costs
incurred by the department in administering the youth intervention program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2023 Supplement, section 299A.95, subdivision 5, is amended
to read:

Subd. 5.

Grants.

(a) Within available appropriations, the director shall award grants to
establish and support restorative practices initiatives. An approved applicant must receive
a grant of up to $500,000 each year.

(b) On an annual basis, the Office of Restorative Practices shall establish a minimum
number of applications that must be received during the application process. If the minimum
number of applications is not received, the office must reopen the application process.

(c) Grants may be awarded to private and public nonprofit agencies; local units of
government, including cities, counties, and townships; local educational agencies; and Tribal
governments. A restorative practices advisory committee may support multiple entities
applying for grants based on community needs, the number of youth and families in the
jurisdiction, and the number of restorative practices available to the community. Budgets
supported by grant funds can include contracts with partner agencies.

(d) Applications must include the following:

(1) a list of willing restorative practices advisory committee members;

(2) letters of support from potential restorative practices advisory committee members;

(3) a description of the planning process that includes:

(i) a description of the origins of the initiative, including how the community provided
input; and

(ii) an estimated number of participants to be served; and

(4) a formal document containing a project description that outlines the proposed goals,
activities, and outcomes of the initiative including, at a minimum:

(i) a description of how the initiative meets the minimum eligibility requirements of the
grant;

(ii) the roles and responsibilities of key staff assigned to the initiative;

(iii) identification of any key partners, including a summary of the roles and
responsibilities of those partners;

(iv) a description of how volunteers and other community members are engaged in the
initiative; and

(v) a plan for evaluation and data collection.

(e) In determining the appropriate amount of each grant, the Office of Restorative
Practices shall consider the number of individuals likely to be served by the local restorative
practices initiative.

new text begin (f) The Office of Restorative Practices may award grants to provide restitution funds
that allow a victim of a juvenile offense, juvenile petty offense, or major traffic offense as
defined in section 260B.225, subdivision 1, paragraph (b), committed by a juvenile to obtain
monetary compensation to satisfy the restitution obligations of a child who participates in
a restorative process to address harm.
new text end

ARTICLE 3

CORRECTIONS

Section 1.

new text begin [241.253] REPORTING ON INMATE COMMUNICATION SERVICES
REQUIRED.
new text end

new text begin (a) By February 1 of each year, each county and regional correctional facility in the
state, including a jail, juvenile detention center, workhouse, or lockup, must report to the
commissioner of corrections on their communications contracts for incarcerated people.
The report must include the total number of phone calls, phone call minutes, video visits,
and e-messages initiated or received by incarcerated people in such facilities during the
preceding calendar year. The report must also include the total amount of revenue generated
by vendors at each facility in the preceding calendar year. The report must also include the
total amount of commissions earned by each county and regional correctional facility,
including a jail, juvenile detention center, workhouse, or lockup, during the preceding
calendar year. The report must also include how the commissions were spent.
new text end

new text begin (b) For the purposes of this section, "commission" means any form of monetary payment,
in-kind payment requirement, gift, exchange of services or goods, fee, or technology
allowance.
new text end

new text begin (c) By March 1 of each year, the commissioner must compile the county and regional
jail communications data collected under paragraph (a) into a single report and submit the
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over criminal justice policy.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 244.41, is amended by adding a
subdivision to read:

new text begin Subd. 3a. new text end

new text begin Conditional release. new text end

new text begin As used in sections 244.40 to 244.51, "conditional
release" has the meaning given in section 609.02, subdivision 18.
new text end

Sec. 3.

Minnesota Statutes 2023 Supplement, section 244.41, subdivision 6, is amended
to read:

Subd. 6.

Earned compliance credit.

"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 begin Earned compliance credit also applies to a conditional
release term.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 244.41, subdivision 14, is amended
to read:

Subd. 14.

Supervision abatement status.

"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 begin
or the expiration date of a conditional release term new text end .

Sec. 5.

Minnesota Statutes 2023 Supplement, section 244.46, subdivision 1, is amended
to read:

Subdivision 1.

Adopting policy for earned compliance credit; supervision abatement
status.

(a) The commissioner must adopt a policy providing for earned compliance credit.

(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 begin and, if applicable, the conditional release term new text end .

Sec. 6.

Minnesota Statutes 2023 Supplement, section 244.46, subdivision 2, is amended
to read:

Subd. 2.

Violating conditions of release; commissioner action.

If an individual violates
the conditions of release while on supervision abatement status, the commissioner may:

(1) return the individual to active supervision for the remainder of the supervised release
new text begin or conditional release new text end term, with or without modifying the conditions of release; or

(2) revoke the individual's supervised release new text begin or conditional release new text end in accordance with
section 244.05, subdivision 3.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 401.10, subdivision 1, is amended
to read:

Subdivision 1.

Community supervision funding formula.

(a) Beginning July 1, 2023,
the community supervision subsidy paid to each county, the commissioner for supervision
of non-CCA jurisdictions served by the Department of Corrections, and each applicable
Tribal Nation under paragraph (e) equals the sum of:

(1) a base funding amount equal to $150,000; and

(2) a community supervision formula equal to the sum of:

(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and

(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.

(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.

(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.

(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.

(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:

(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and

(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).

new text begin (f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction
served by the Department of Corrections by dividing the three-year average of the number
of individuals on supervised release and intensive supervised release within the jurisdiction
by the three-year average of the total number of individuals under supervised release and
intensive supervised release statewide, using the numbers reported annually in the Probation
Survey report.
new text end

Sec. 8.

Minnesota Statutes 2022, section 609.02, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Conditional release. new text end

new text begin "Conditional release" means a court-ordered mandatory
term of community supervision as prescribed by sections 169A.276, subdivision 1, paragraph
(d) (first-degree DWI); 243.166, subdivision 5a (violating predatory offender registration
requirements); 609.2231, subdivision 3a, paragraph (d) (assault on secure treatment facility
staff); 609.3455, subdivisions 6 and 7 (criminal sexual conduct); 617.246, subdivision 7
(use of minors in sexual performances); and 617.247, subdivision 9 (possession of child
pornography). Conditional release is in addition to any applicable supervised release term.
new text end

Sec. 9.

Minnesota Statutes 2023 Supplement, section 609A.06, subdivision 2, is amended
to read:

Subd. 2.

Executive director.

(a) The governor must appoint the initial executive director
of the Cannabis Expungement Board. The executive director must be knowledgeable about
expungement law and criminal justice. The executive director serves at the pleasure of the
board in the unclassified service as an executive branch employee. Any vacancy shall be
filled by the board.

deleted text begin (b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The executive director may obtain office space and supplies and hire administrative
staff necessary to carry out the board's official functions, including providing administrative
support to the board and attending board meetings. Any additional staff serve in the classified
service.

deleted text begin (d) deleted text end new text begin (c) new text end At the direction of the board, the executive director may enter into interagency
agreements with the Department of Corrections or any other agency to obtain material and
personnel support necessary to carry out the board's mandates, policies, activities, and
objectives.

Sec. 10.

Minnesota Statutes 2023 Supplement, section 638.09, subdivision 5, is amended
to read:

Subd. 5.

Executive director.

(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.

deleted text begin (b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end 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.

Sec. 11.

Laws 2023, chapter 52, article 8, section 20, subdivision 3, is amended to read:

Subd. 3.

Department administrative assistance.

Beginning August 1, 2023, through
deleted text begin February 29, 2024 deleted text end new text begin June 30, 2024 new text end , the Department of Corrections must provide the Clemency
Review Commission with administrative assistance, technical assistance, office space, and
other assistance necessary for the commission to carry out its duties under sections 4 to 20.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 28, 2024.
new text end

Sec. 12.

Laws 2023, chapter 63, article 5, section 5, is amended to read:

Sec. 5. TRANSITION PERIOD.

Beginning August 1, 2023, through deleted text begin March 1, 2024 deleted text end new text begin August 1, 2024 new text end , the Department of
Corrections must provide the Cannabis Expungement Board with administrative assistance,
technical assistance, office space, and other assistance necessary for the board to carry out
its duties under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board
shall reimburse the Department of Corrections for the services and space provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from February 28, 2024.
new text end