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SF 671

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 06/06/2013 02:32pm

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to criminal justice; modifying certain provisions relating to public safety,
1.3courts, guardians and conservators, corrections, offenders, and data integration;
1.4requiring reports; providing for penalties; appropriating money for courts,
1.5Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
1.6Standards, Board of Public Defense, sentencing guidelines, public safety, Peace
1.7Officer Standards and Training (POST) Board, Private Detective Board, human
1.8rights, and corrections;amending Minnesota Statutes 2012, sections 241.301;
1.9243.51, subdivisions 1, 3; 245C.32, subdivision 2; 253B.24; 299A.705, by
1.10adding a subdivision; 299A.73, subdivision 3; 299C.10, subdivisions 1, 3;
1.11299C.11, subdivision 1; 299C.14; 299C.17; 357.021, by adding a subdivision;
1.12363A.36, subdivisions 1, 2; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
1.13adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 609.3455,
1.14by adding a subdivision; 624.713, subdivision 3, by adding a subdivision;
1.15Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
1.16proposing coding for new law in Minnesota Statutes, chapter 244; repealing
1.17Minnesota Statutes 2012, section 243.51, subdivision 5.
1.18BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19ARTICLE 1
1.20APPROPRIATIONS

1.21
Section 1. SUMMARY OF APPROPRIATIONS.
1.22The amounts shown in this section summarize direct appropriations, by fund, made
1.23in this article.
1.24
2014
2015
Total
1.25
Special Revenue
$
17,932,000
$
16,932,000
$
34,864,000
1.26
1.27
State Government Special
Revenue
59,241,000
63,742,000
122,983,000
1.28
Environment
69,000
69,000
138,000
1.29
Trunk Highway Fund
2,266,000
2,266,000
4,532,000
2.1
General Fund
955,672,000
974,870,000
1,930,542,000
2.2
Total
$
1,035,180,000
$
1,057,879,000
$
2,093,059,000

2.3
Sec. 2. APPROPRIATIONS.
2.4The sums shown in the columns marked "Appropriations" are appropriated to the
2.5agencies and for the purposes specified in this article. The appropriations are from the
2.6general fund, or another named fund, and are available for the fiscal years indicated
2.7for each purpose. The figures "2014" and "2015" used in this article mean that the
2.8appropriations listed under them are available for the fiscal year ending June 30, 2014, or
2.9June 30, 2015, respectively. "The first year" is fiscal year 2014. "The second year" is fiscal
2.10year 2015. "The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal
2.11year ending June 30, 2013, are effective the day following final enactment.
2.12
APPROPRIATIONS
2.13
Available for the Year
2.14
Ending June 30
2.15
2014
2015

2.16
Sec. 3. SUPREME COURT
2.17
Subdivision 1.Total Appropriation
$
44,548,000
$
45,191,000
2.18The amounts that may be spent for each
2.19purpose are specified in the following
2.20subdivisions.
2.21
Subd. 2.Supreme Court Operations
32,282,000
32,925,000
2.22(a) Contingent Account
2.23$5,000 each year is for a contingent account
2.24for expenses necessary for the normal
2.25operation of the court for which no other
2.26reimbursement is provided.
2.27(b) Employer Pension Fund Contribution
2.28$22,000 each year is for a two percent
2.29increase in the employer pension fund
2.30contribution rate to the judge retirement
2.31plan. These appropriations take effect only if
2.32legislation to increase the employer pension
2.33fund contribution rate by two percent is
3.1enacted into law by July 1, 2013. If the
3.2appropriations do not take effect, this
3.3appropriation cancels to the general fund.
3.4
Subd. 3.Civil Legal Services
12,266,000
12,266,000
3.5Legal Services to Low-Income Clients in
3.6Family Law Matters
3.7$877,000 each year is to improve the access
3.8of low-income clients to legal representation
3.9in family law matters. This appropriation
3.10must be distributed under Minnesota Statutes,
3.11section 480.242, to the qualified legal
3.12services program described in Minnesota
3.13Statutes, section 480.242, subdivision 2,
3.14paragraph (a). Any unencumbered balance
3.15remaining in the first year does not cancel
3.16and is available in the second year.

3.17
Sec. 4. COURT OF APPEALS
$
10,641,000
$
11,035,000
3.18(a) Employer Pension Fund Contribution
3.19$55,000 the first year and $57,000 the
3.20second year are for a two percent increase
3.21in the employer pension fund contribution
3.22rate to the judge retirement plan. These
3.23appropriations take effect only if legislation
3.24to increase the employer pension fund
3.25contribution rate by two percent is enacted
3.26into law by July 1, 2013. If the appropriations
3.27do not take effect, this appropriation cancels
3.28to the general fund.
3.29(b) General Fund Base
3.30The court of appeals general fund base shall
3.31be increased by $69,000 in fiscal year 2016
3.32and $89,000 in fiscal year 2017.

3.33
Sec. 5. DISTRICT COURTS
$
247,459,000
$
256,622,000
4.1(a) Specialty Courts
4.2$875,000 each year is to develop, expand,
4.3and maintain specialty courts.
4.4(b) Employer Pension Fund Contribution
4.5$778,000 the first year and $809,000 the
4.6second year are for a two percent increase
4.7in the employer pension fund contribution
4.8rate to the judge retirement plan. These
4.9appropriations take effect only if legislation
4.10to increase the employer pension fund
4.11contribution rate by two percent is enacted
4.12into law by July 1, 2013. If the appropriations
4.13do not take effect, this appropriation cancels
4.14to the general fund.

4.15
Sec. 6. GUARDIAN AD LITEM BOARD
$
12,414,000
$
12,756,000

4.16
Sec. 7. TAX COURT
$
1,023,000
$
1,035,000
4.17(a) Additional Resources
4.18$161,000 each year is for two law clerks,
4.19continuing legal education costs, and
4.20Westlaw costs.
4.21(b) Case Management System
4.22$25,000 each year is for the implementation
4.23and maintenance of a modern case
4.24management system.

4.25
Sec. 8. UNIFORM LAWS COMMISSION
$
147,000
$
84,000
4.26Back Dues
4.27$63,000 the first year is to pay back dues
4.28owing to the National Conference of
4.29Commissioners on Uniform State Laws.

4.30
Sec. 9. BOARD ON JUDICIAL STANDARDS
$
756,000
$
456,000
5.1(a) Deficiencies
5.2$300,000 the first year is for deficiencies
5.3occurring in fiscal year 2013. This
5.4appropriation is available for expenditure the
5.5day following final enactment.
5.6(b) Major Disciplinary Actions
5.7$125,000 each year is for special
5.8investigative and hearing costs for major
5.9disciplinary actions undertaken by the
5.10board. This appropriation does not cancel.
5.11Any encumbered and unspent balances
5.12remain available for these expenditures in
5.13subsequent fiscal years.

5.14
Sec. 10. BOARD OF PUBLIC DEFENSE
$
70,698,000
$
73,612,000
5.15(a) Transcripts
5.16From this appropriation, the board shall pay
5.17all outstanding billings as of June 30, 2013,
5.18for transcripts.
5.19(b) Report to the Legislature
5.20By January 15, 2014, and by January 15,
5.212015, the board shall report to the chairs
5.22and ranking minority members of the house
5.23of representatives and senate committees
5.24with jurisdiction over criminal justice and
5.25judiciary finance on how this appropriation
5.26was spent, including information on new
5.27attorney and staff hires, salary and benefit
5.28increases, caseload reductions, technology
5.29improvements, and transcript costs and
5.30billings.

5.31
Sec. 11. SENTENCING GUIDELINES
$
886,000
$
586,000
5.32Electronic Sentencing Worksheet
6.1$300,000 the first year is for a transfer to
6.2the Office of Enterprise Technology for an
6.3electronic sentencing worksheet system. This
6.4appropriation is available until expended.
6.5Any ongoing information technology
6.6support or costs for this application shall be
6.7incorporated into the service-level agreement
6.8and shall be paid to the Office of Enterprise
6.9Technology.

6.10
Sec. 12. PUBLIC SAFETY
6.11
Subdivision 1.Total Appropriation
$
157,851,000
$
161,191,000
6.12
Appropriations by Fund
6.13
2014
2015
6.14
General
82,213,000
82,772,000
6.15
Special Revenue
14,062,000
13,062,000
6.16
6.17
State Government
Special Revenue
59,241,000
63,742,000
6.18
Environmental
69,000
69,000
6.19
Trunk Highway
2,266,000
2,266,000
6.20The amounts that may be spent for each
6.21purpose are specified in the following
6.22subdivisions.
6.23
Subd. 2.Emergency Management
2,979,000
2,929,000
6.24
Appropriations by Fund
6.25
General
2,306,000
2,256,000
6.26
Special Revenue
604,000
604,000
6.27
Environmental
69,000
69,000
6.28
(a) Hazmat and Chemical Assessment Teams
6.29$604,000 each year is from the fire safety
6.30account in the special revenue fund. These
6.31amounts must be used to fund the hazardous
6.32materials and chemical assessment teams.
6.33
(b) School Safety
6.34$455,000 the first year and $405,000 the
6.35second year from the general fund are to
7.1reinstate the school safety center and to
7.2provide for school safety. The commissioner
7.3of public safety shall work collaboratively
7.4with the School Climate Council and the
7.5school climate center established under
7.6Minnesota Statutes, sections 121A.07 and
7.7127A.052.
7.8By January 15, 2014, and by January 15,
7.92015, the commissioner of public safety
7.10shall report to the chairs and ranking
7.11minority members of the senate and house of
7.12representatives committees with jurisdiction
7.13over criminal justice and judiciary funding
7.14on how this appropriation was spent. The
7.15report shall specify the results achieved
7.16by the school safety center and the level
7.17of cooperation achieved between the
7.18commissioner and the School Climate
7.19Council and school climate center.
7.20
Subd. 3.Criminal Apprehension
47,588,000
47,197,000
7.21
Appropriations by Fund
7.22
General
42,315,000
42,924,000
7.23
Special Revenue
3,000,000
2,000,000
7.24
7.25
State Government
Special Revenue
7,000
7,000
7.26
Trunk Highway
2,266,000
2,266,000
7.27
(a) DWI Lab Analysis; Trunk Highway Fund
7.28Notwithstanding Minnesota Statutes, section
7.29161.20, subdivision 3, $1,941,000 each year
7.30is from the trunk highway fund for laboratory
7.31analysis related to driving-while-impaired
7.32cases.
7.33
(b) Criminal History System
7.34$50,000 the first year and $580,000 the
7.35second year from the general fund and,
8.1notwithstanding Minnesota Statutes, section
8.2299A.705, subdivision 4, $3,000,000 the
8.3first year and $2,000,000 the second year
8.4from the vehicle services account in the
8.5special revenue fund are to replace the
8.6state criminal history system. This is a
8.7onetime appropriation and is available until
8.8expended. Of this amount, $2,980,000 the
8.9first year and $2,580,000 the second year
8.10are for a onetime transfer to the Office of
8.11Enterprise Technology for start-up costs.
8.12Service level agreements must document all
8.13project-related transfers under this paragraph.
8.14Ongoing operating and support costs for this
8.15system shall be identified and incorporated
8.16into future service level agreements.
8.17The commissioner is authorized to use funds
8.18appropriated under this paragraph for the
8.19purposes specified in paragraph (c).
8.20
(c) Criminal Reporting System
8.21$1,360,000 the first year and $1,360,000 the
8.22second year from the general fund are to
8.23replace the state's crime reporting system.
8.24This is a onetime appropriation and is
8.25available until expended. Of these amounts,
8.26$1,360,000 the first year and $1,360,000
8.27the second year are for a onetime transfer
8.28to the Office of Enterprise Technology for
8.29start-up costs. Service level agreements
8.30must document all project-related transfers
8.31under this paragraph. Ongoing operating
8.32and support costs for this system shall
8.33be identified and incorporated into future
8.34service level agreements.
9.1The commissioner is authorized to use funds
9.2appropriated under this paragraph for the
9.3purposes specified in paragraph (b).
9.4
(d) Forensic Laboratory
9.5$125,000 the first year and $125,000 the
9.6second year from the general fund and,
9.7notwithstanding Minnesota Statutes, section
9.8161.20, subdivision 3, $125,000 the first
9.9year and $125,000 the second year from the
9.10trunk highway fund are to replace forensic
9.11laboratory equipment at the Bureau of
9.12Criminal Apprehension.
9.13$200,000 the first year and $200,000 the
9.14second year from the general fund and,
9.15notwithstanding Minnesota Statutes, section
9.16161.20, subdivision 3, $200,000 the first
9.17year and $200,000 the second year from the
9.18trunk highway fund are to improve forensic
9.19laboratory staffing at the Bureau of Criminal
9.20Apprehension.
9.21
(e) Livescan Fingerprinting
9.22$310,000 the first year and $389,000 the
9.23second year from the general fund are to
9.24maintain Livescan fingerprinting machines.
9.25This is a onetime appropriation.
9.26
(f) General Fund Base
9.27The Bureau of Criminal Apprehension's
9.28general fund base is reduced by $1,720,000
9.29in fiscal year 2014 and $2,329,000 in fiscal
9.30year 2015 to reflect onetime appropriations.
9.31
(g) Report
9.32If the vehicle services special revenue account
9.33accrues an unallocated balance in excess
9.34of 50 percent of the previous fiscal year's
10.1expenditures, the commissioner of public
10.2safety shall submit a report to the chairs
10.3and ranking minority members of the house
10.4of representatives and senate committees
10.5with jurisdiction over transportation and
10.6public safety policy and finance. The report
10.7must contain specific policy and legislative
10.8recommendations for reducing the fund
10.9balance and avoiding future excessive fund
10.10balances. The report is due within three
10.11months of the fund balance exceeding the
10.12threshold established in this paragraph.
10.13
Subd. 4.Fire Marshal
9,555,000
9,555,000
10.14This appropriation is from the fire safety
10.15account in the special revenue fund and is for
10.16activities under Minnesota Statutes, section
10.17299F.012.
10.18Of this amount: (1) $7,187,000 each year
10.19is for activities under Minnesota Statutes,
10.20section 299F.012; and (2) $2,368,000 the first
10.21year and $2,368,000 the second year are for
10.22transfers to the general fund under Minnesota
10.23Statutes, section 297I.06, subdivision 3.
10.24
Subd. 5.Alcohol and Gambling Enforcement
2,485,000
2,485,000
10.25
Appropriations by Fund
10.26
General
1,582,000
1,582,000
10.27
Special Revenue
903,000
903,000
10.28$653,000 each year is from the alcohol
10.29enforcement account in the special revenue
10.30fund. Of this appropriation, $500,000 each
10.31year shall be transferred to the general fund.
10.32$250,000 each year is appropriated from the
10.33lawful gambling regulation account in the
10.34special revenue fund.
11.1
Subd. 6.Office of Justice Programs
36,106,000
36,106,000
11.2
Appropriations by Fund
11.3
General
36,010,000
36,010,000
11.4
11.5
State Government
Special Revenue
96,000
96,000
11.6
(a) OJP Administration Costs
11.7Up to 2.5 percent of the grant funds
11.8appropriated in this subdivision may be used
11.9by the commissioner to administer the grant
11.10program.
11.11
(b) Crime Victim Programs
11.12$1,500,000 each year must be distributed
11.13through an open and competitive grant
11.14process for existing crime victim programs.
11.15The funds must be used to meet the needs
11.16of underserved and unserved areas and
11.17populations.
11.18
(c) Community Offender Reentry Program
11.19$100,000 each year is for a grant to the
11.20community offender reentry program for
11.21assisting individuals to transition from
11.22incarceration to the communities in and
11.23around Duluth, including assistance in
11.24finding housing, employment, educational
11.25opportunities, counseling, and other
11.26resources. This is a onetime appropriation.
11.27
(d) Youth Intervention Programs
11.28$1,000,000 each year is for youth intervention
11.29programs under Minnesota Statutes, section
11.30299A.73. The appropriations must be
11.31used to create new programs statewide
11.32in underserved areas and to help existing
11.33programs serve unmet needs in program
11.34communities. These appropriations are
12.1available until expended. This amount must
12.2be added to the department's base budget for
12.3grants to youth intervention programs.
12.4(e) Sexually Exploited Youth; Law
12.5Enforcement and Prosecution Training
12.6$350,000 each year is for a grant to Ramsey
12.7County to be used by the Ramsey County
12.8Attorney's Office to:
12.9(1) develop a statewide model protocol for
12.10law enforcement, prosecutors, and others,
12.11who in their professional capacity encounter
12.12sexually exploited and trafficked youth, on
12.13identifying and intervening with sexually
12.14exploited and trafficked youth;
12.15(2) conduct statewide training for law
12.16enforcement and prosecutors on the model
12.17protocol and the Safe Harbor Law described
12.18in Laws 2011, First Special Session chapter
12.191, article 4, as modified by Senate File No.
12.20384, article 2, if enacted; and
12.21(3) develop and disseminate to law
12.22enforcement, prosecutors, and others, who
12.23in their professional capacity encounter
12.24sexually exploited and trafficked youth, on
12.25investigative best practices to identify sex
12.26trafficked victims and traffickers.
12.27The Ramsey County attorney may use the
12.28money appropriated in this paragraph to
12.29partner with other entities to implement
12.30clauses (1) to (3).
12.31By January 15, 2015, the Ramsey County
12.32Attorney's Office shall report to the chairs
12.33and ranking minority members of the senate
12.34and house of representatives committees and
13.1divisions having jurisdiction over criminal
13.2justice policy and funding on how this
13.3appropriation was spent.
13.4These appropriations are onetime.
13.5(f) Returning Veterans in Crisis
13.6$50,000 each year is for a grant to the Upper
13.7Midwest Community Policing Institute for
13.8use in training community safety personnel
13.9about the use of de-escalation strategies
13.10for handling returning veterans in crisis.
13.11This is a onetime appropriation, and the
13.12unencumbered balance in the first year does
13.13not cancel but is available for the second
13.14year. The commissioner shall consult with
13.15the Peace Officers Standards and Training
13.16(POST) Board regarding the design and
13.17content of the course, and must also ensure
13.18that the training opportunities are reasonably
13.19distributed throughout the state.
13.20(g) Juvenile Detention Alternative
13.21Initiative
13.22$50,000 each year is for a grant to the
13.23Juvenile Detention Alternative Initiative.
13.24This is a onetime appropriation, and funds
13.25unexpended in the first year are available in
13.26the second year.
13.27
Subd. 7.Emergency Communication Networks
59,138,000
63,639,000
13.28This appropriation is from the state
13.29government special revenue fund for 911
13.30emergency telecommunications services.
13.31
(a) Public Safety Answering Points
13.32$13,664,000 each year is to be distributed
13.33as provided in Minnesota Statutes, section
13.34403.113, subdivision 2.
14.1
(b) Medical Resource Communication Centers
14.2$683,000 each year is for grants to the
14.3Minnesota Emergency Medical Services
14.4Regulatory Board for the Metro East
14.5and Metro West Medical Resource
14.6Communication Centers that were in
14.7operation before January 1, 2000.
14.8
(c) ARMER Debt Service
14.9$23,261,000 each year is to the commissioner
14.10of management and budget to pay debt
14.11service on revenue bonds issued under
14.12Minnesota Statutes, section 403.275.
14.13Any portion of this appropriation not needed
14.14to pay debt service in a fiscal year may be
14.15used by the commissioner of public safety to
14.16pay cash for any of the capital improvements
14.17for which bond proceeds were appropriated
14.18by Laws 2005, chapter 136, article 1, section
14.199, subdivision 8; or Laws 2007, chapter 54,
14.20article 1, section 10, subdivision 8.
14.21
(d) ARMER State Backbone Operating Costs
14.22$9,250,000 the first year and $9,650,00 the
14.23second year are to the commissioner of
14.24transportation for costs of maintaining and
14.25operating the first and third phases of the
14.26statewide radio system backbone.
14.27
(e) ARMER Improvements
14.28$1,000,000 each year is to the Statewide
14.29Radio Board for costs of design, construction,
14.30and maintenance of, and improvements
14.31to, those elements of the statewide public
14.32safety radio and communication system
14.33that support mutual aid communications
14.34and emergency medical services or provide
15.1interim enhancement of public safety
15.2communication interoperability in those
15.3areas of the state where the statewide public
15.4safety radio and communication system is
15.5not yet implemented.

15.6
15.7
Sec. 13. PEACE OFFICER STANDARDS
AND TRAINING (POST) BOARD
$
3,870,000
$
3,870,000
15.8(a) Excess Amounts Transferred
15.9This appropriation is from the peace officer
15.10training account in the special revenue fund.
15.11Any new receipts credited to that account in
15.12the first year in excess of $3,870,000 must be
15.13transferred and credited to the general fund.
15.14Any new receipts credited to that account in
15.15the second year in excess of $3,870,000 must
15.16be transferred and credited to the general
15.17fund.
15.18(b) Peace Officer Training
15.19Reimbursements
15.20$2,734,000 each year is for reimbursements
15.21to local governments for peace officer
15.22training costs.
15.23(c) Training; Sexually Exploited and
15.24Trafficked Youth
15.25Of the appropriation in paragraph (b),
15.26$100,000 the first year is for reimbursements
15.27to local governments for peace officer
15.28training costs on sexually exploited and
15.29trafficked youth, including effectively
15.30identifying sex trafficked victims and
15.31traffickers, investigation techniques, and
15.32assisting sexually exploited youth.
15.33Reimbursement shall be provided on a flat
15.34fee basis of $100 per diem per officer.

16.1
Sec. 14. PRIVATE DETECTIVE BOARD
$
120,000
$
120,000

16.2
Sec. 15. HUMAN RIGHTS
$
3,297,000
$
3,297,000
16.3Increased Compliance
16.4$129,000 each year is for two additional
16.5contract compliance officers.

16.6
Sec. 16. DEPARTMENT OF CORRECTIONS
16.7
Subdivision 1.Total Appropriation
$
481,470,000
$
487,304,000
16.8The amounts that may be spent for each
16.9purpose are specified in the following
16.10subdivisions.
16.11
Subd. 2.Correctional Institutions
345,048,000
350,087,000
16.12(a) Program Base
16.13The general fund base for correctional
16.14institutions shall be $352,372,000 in fiscal
16.15year 2016 and $354,982,000 in fiscal year
16.162017.
16.17(b) Medical Release Planners
16.18$68,000 the first year and $136,000 the
16.19second year are for two medical release
16.20planners.
16.21(c) MINNCOR
16.22Notwithstanding Minnesota Statutes, section
16.23241.27, the commissioner of management
16.24and budget shall transfer $1,300,000 each
16.25year from the Minnesota correctional
16.26industries revolving fund to the general fund.
16.27This is a onetime transfer.
16.28(d) Treatment Beds
16.29$1,500,000 each year is to fund additional
16.30sex offender and chemical dependency
16.31treatment beds and shall not be used for any
17.1other purpose. The commissioner shall report
17.2to the legislature on how this appropriation
17.3was spent.
17.4
Subd. 3.Community Services
114,178,000
114,704,000
17.5(a) Probation Supervision, CCA System
17.6$1,025,000 the first year and $1,025,000 the
17.7second year are added to the Community
17.8Corrections Act subsidy, as described in
17.9Minnesota Statutes, section 401.14.
17.10(b) Probation Supervision, CPO System
17.11$200,000 each year is for county probation
17.12officers reimbursement, as described
17.13in Minnesota Statutes, section 244.19,
17.14subdivision 6.
17.15
Subd. 4.Operations Support
22,244,000
22,513,000

17.16ARTICLE 2
17.17GUARDIANS AND CONSERVATORS

17.18    Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
17.19    Subd. 2. Use. (a) The commissioner may also use these systems and records to
17.20obtain and provide criminal history data from the Bureau of Criminal Apprehension,
17.21criminal history data held by the commissioner, and data about substantiated maltreatment
17.22under section 626.556 or 626.557, for other purposes, provided that:
17.23(1) the background study is specifically authorized in statute; or
17.24(2) the request is made with the informed consent of the subject of the study as
17.25provided in section 13.05, subdivision 4.
17.26(b) An individual making a request under paragraph (a), clause (2), must agree in
17.27writing not to disclose the data to any other individual without the consent of the subject
17.28of the data.
17.29(c) The commissioner may recover the cost of obtaining and providing background
17.30study data by charging the individual or entity requesting the study a fee of no more
17.31than $20 per study. The fees collected under this paragraph are appropriated to the
17.32commissioner for the purpose of conducting background studies.
18.1(d) The commissioner shall recover the cost of obtaining background study data
18.2required under section 524.5-118 through a fee of $50 per study for an individual who
18.3has not lived outside Minnesota for the past ten years, and a fee of $100 for an individual
18.4who has resided outside of Minnesota for any period during the ten years preceding the
18.5background study. The commissioner shall recover, from the individual, any additional
18.6fees charged by other states' licensing agencies that are associated with these data requests.
18.7Fees under subdivision 3 also apply when criminal history data from the National Criminal
18.8Records Repository is required.

18.9    Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
18.10    Subdivision 1. When required; exception. (a) The court shall require a background
18.11study under this section:
18.12(1) before the appointment of a guardian or conservator, unless a background study
18.13has been done on the person under this section within the previous five two years; and
18.14(2) once every five two years after the appointment, if the person continues to serve
18.15as a guardian or conservator.
18.16(b) The background study must include:
18.17(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
18.18history data held by the commissioner of human services, and data regarding whether the
18.19person has been a perpetrator of substantiated maltreatment of a vulnerable adult and a
18.20 or minor.;
18.21(c) The court shall request a search of the (2) criminal history data from the National
18.22Criminal Records Repository if the proposed guardian or conservator has not resided in
18.23Minnesota for the previous five ten years or if the Bureau of Criminal Apprehension
18.24information received from the commissioner of human services under subdivision 2,
18.25paragraph (b), indicates that the subject is a multistate offender or that the individual's
18.26multistate offender status is undetermined.; and
18.27(3) state licensing agency data if a search of the database or databases of the agencies
18.28listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
18.29professional license directly related to the responsibilities of a professional fiduciary from
18.30an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.
18.31(d) (c) If the guardian or conservator is not an individual, the background study must
18.32be done on all individuals currently employed by the proposed guardian or conservator
18.33who will be responsible for exercising powers and duties under the guardianship or
18.34conservatorship.
19.1(e) (d) If the court determines that it would be in the best interests of the ward or
19.2protected person to appoint a guardian or conservator before the background study can
19.3be completed, the court may make the appointment pending the results of the study,
19.4however, the background study must then be completed as soon as reasonably possible
19.5after appointment, no later than 30 days after appointment.
19.6(f) (e) The fee for conducting a background study for appointment of a professional
19.7guardian or conservator must be paid by the guardian or conservator. In other cases,
19.8the fee must be paid as follows:
19.9(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
19.10of section 524.5-502, paragraph (a);
19.11(2) if there is an estate of the ward or protected person, the fee must be paid from
19.12the estate; or
19.13(3) in the case of a guardianship or conservatorship of the person that is not
19.14proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
19.15conservator or by the court.
19.16(g) (f) The requirements of this subdivision do not apply if the guardian or
19.17conservator is:
19.18(1) a state agency or county;
19.19(2) a parent or guardian of a proposed ward or protected person who has a
19.20developmental disability, if the parent or guardian has raised the proposed ward or
19.21protected person in the family home until the time the petition is filed, unless counsel
19.22appointed for the proposed ward or protected person under section 524.5-205, paragraph
19.23(d)
; 524.5-304, paragraph (b); 524.5-405, paragraph (a); or 524.5-406, paragraph (b),
19.24recommends a background study; or
19.25(3) a bank with trust powers, bank and trust company, or trust company, organized
19.26under the laws of any state or of the United States and which is regulated by the
19.27commissioner of commerce or a federal regulator.

19.28    Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
19.29subdivision to read:
19.30    Subd. 2a. Procedure; state licensing agency data. (a) The court shall request the
19.31commissioner of human services to provide the court within 25 working days of receipt of
19.32the request with licensing agency data for licenses directly related to the responsibilities of
19.33a professional fiduciary from the following agencies in Minnesota:
19.34(1) Lawyers Responsibility Board;
19.35(2) State Board of Accountancy;
20.1(3) Board of Social Work;
20.2(4) Board of Psychology;
20.3(5) Board of Nursing;
20.4(6) Board of Medical Practice;
20.5(7) Department of Education;
20.6(8) Department of Commerce;
20.7(9) Board of Chiropractic Examiners;
20.8(10) Board of Dentistry;
20.9(11) Board of Marriage and Family Therapy;
20.10(12) Department of Human Services; and
20.11(13) Peace Officer Standards and Training (POST) Board.
20.12(b) The commissioner shall enter into agreements with these agencies to provide for
20.13electronic access to the relevant licensing data by the commissioner.
20.14(c) The commissioner shall provide to the court the electronically available data
20.15maintained in the agency's database, including whether the proposed guardian or
20.16conservator is or has been licensed by the agency, and if the licensing agency database
20.17indicates a disciplinary action or a sanction against the individual's license, including a
20.18condition, suspension, revocation, or cancellation.
20.19(d) If the proposed guardian or conservator has resided in a state other than
20.20Minnesota in the previous ten years, licensing agency data under this section shall also
20.21include the licensing agency data from any other state where the proposed guardian or
20.22conservator reported to have resided during the previous ten years. If the proposed
20.23guardian or conservator has or has had a professional license in another state that is
20.24directly related to the responsibilities of a professional fiduciary from one of the agencies
20.25listed under paragraph (a), state licensing agency data shall also include data from the
20.26relevant licensing agency of that state.
20.27(e) The commissioner is not required to repeat a search for Minnesota or out-of-state
20.28licensing data on an individual if the commissioner has provided this information to the
20.29court within the prior two years.
20.30(f) If an individual has continuously resided in Minnesota since a previous
20.31background study under this section was completed, the commissioner is not required to
20.32repeat a search for records in another state.

20.33    Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
20.34524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
21.1(a) An individual or a person interested in the individual's welfare may petition for
21.2a determination of incapacity, in whole or in part, and for the appointment of a limited
21.3or unlimited guardian for the individual.
21.4(b) The petition must set forth the petitioner's name, residence, current address if
21.5different, relationship to the respondent, and interest in the appointment and, to the extent
21.6known, state or contain the following with respect to the respondent and the relief requested:
21.7(1) the respondent's name, age, principal residence, current street address, and, if
21.8different, the address of the dwelling in which it is proposed that the respondent will
21.9reside if the appointment is made;
21.10(2) the name and address of the respondent's:
21.11(i) spouse, or if the respondent has none, an adult with whom the respondent has
21.12resided for more than six months before the filing of the petition; and
21.13(ii) adult children or, if the respondent has none, the respondent's parents and adult
21.14brothers and sisters, or if the respondent has none, at least one of the adults nearest in
21.15kinship to the respondent who can be found;
21.16(3) the name of the administrative head and address of the institution where the
21.17respondent is a patient, resident, or client of any hospital, nursing home, home care
21.18agency, or other institution;
21.19(4) the name and address of any legal representative for the respondent;
21.20(5) the name, address, and telephone number of any person nominated as guardian
21.21by the respondent in any manner permitted by law, including a health care agent nominated
21.22in a health care directive;
21.23(6) the name, address, and telephone number of any proposed guardian and the
21.24reason why the proposed guardian should be selected;
21.25(7) the name and address of any health care agent or proxy appointed pursuant to
21.26a health care directive as defined in section 145C.01, a living will under chapter 145B,
21.27or other similar document executed in another state and enforceable under the laws of
21.28this state;
21.29(8) the reason why guardianship is necessary, including a brief description of the
21.30nature and extent of the respondent's alleged incapacity;
21.31(9) if an unlimited guardianship is requested, the reason why limited guardianship
21.32is inappropriate and, if a limited guardianship is requested, the powers to be granted to
21.33the limited guardian; and
21.34(10) a general statement of the respondent's property with an estimate of its value,
21.35including any insurance or pension, and the source and amount of any other anticipated
21.36income or receipts.
22.1(c) The petition must also set forth the following information regarding the proposed
22.2guardian or any employee of the guardian responsible for exercising powers and duties
22.3under the guardianship:
22.4(1) whether the proposed guardian has ever been removed for cause from serving as
22.5a guardian or conservator and, if so, the case number and court location; and
22.6(2) if the proposed guardian is a professional guardian or conservator, a summary of
22.7the proposed guardian's educational background and relevant work and other experience.;
22.8(3) whether the proposed guardian has ever applied for or held, at any time, any
22.9professional license from an agency listed under section 524.5-118, subdivision 2a, and if
22.10so, the name of the licensing agency, and as applicable, the license number and status;
22.11whether the license is active or has been denied, conditioned, suspended, revoked, or
22.12canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
22.13of the license;
22.14(4) whether the proposed guardian has ever been found civilly liable in an action
22.15that involved fraud, misrepresentation, material omission, misappropriation, theft, or
22.16conversion, and if so, the case number and court location;
22.17(5) whether the proposed guardian has ever filed for or received protection under the
22.18bankruptcy laws, and if so, the case number and court location;
22.19(6) whether the proposed guardian has any outstanding civil monetary judgments
22.20against the proposed guardian, and if so, the case number, court location, and outstanding
22.21amount owed;
22.22(7) whether an order for protection or harassment restraining order has ever been
22.23issued against the proposed guardian, and if so, the case number and court location; and
22.24(8) whether the proposed guardian has ever been convicted of a crime other than a
22.25petty misdemeanor or traffic offense, and if so, the case number and the crime of which
22.26the guardian was convicted.

22.27    Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
22.28524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
22.29ORDERS.
22.30(a) A guardian shall report to the court in writing on the condition of the ward at least
22.31annually and whenever ordered by the court. A copy of the report must be provided to the
22.32ward and to interested persons of record with the court. A report must state or contain:
22.33(1) the current mental, physical, and social condition of the ward;
22.34(2) the living arrangements for all addresses of the ward during the reporting period;
23.1(3) any restrictions placed on the ward's right to communication and visitation with
23.2persons of the ward's choice and the factual bases for those restrictions;
23.3(4) the medical, educational, vocational, and other services provided to the ward and
23.4the guardian's opinion as to the adequacy of the ward's care;
23.5(5) a recommendation as to the need for continued guardianship and any
23.6recommended changes in the scope of the guardianship;
23.7(6) an address and telephone number where the guardian can be contacted; and
23.8(7) whether the guardian has ever been removed for cause from serving as a guardian
23.9or conservator and, if so, the case number and court location;
23.10(8) any changes occurring that would affect the accuracy of information contained
23.11in the most recent criminal background study of the guardian conducted under section
23.12524.5-118; and
23.13(9) (7) if applicable, the amount of reimbursement for services rendered to the ward
23.14that the guardian received during the previous year that were not reimbursed by county
23.15contract.
23.16(b) A guardian shall report to the court in writing within 30 days of the occurrence of
23.17any of the events listed in this paragraph. The guardian must report any of the occurrences
23.18in this paragraph and follow the same reporting requirements in this paragraph for
23.19any employee of the guardian responsible for exercising powers and duties under the
23.20guardianship. A copy of the report must be provided to the ward and to interested persons
23.21of record with the court. A guardian shall report when:
23.22(1) the guardian is removed for cause from serving as a guardian or conservator, and
23.23if so, the case number and court location;
23.24(2) the guardian has a professional license from an agency listed under section
23.25524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
23.26if so, the licensing agency and license number, and the basis for denial, condition,
23.27suspension, revocation, or cancellation of the license;
23.28(3) the guardian is found civilly liable in an action that involves fraud,
23.29misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
23.30case number and court location;
23.31(4) the guardian files for or receives protection under the bankruptcy laws, and
23.32if so, the case number and court location;
23.33(5) a civil monetary judgment is entered against the guardian, and if so, the case
23.34number, court location, and outstanding amount owed;
23.35(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
23.36offense, and if so, the case number and court location; or
24.1(7) an order for protection or harassment restraining order is issued against the
24.2guardian, and if so, the case number and court location.
24.3(b) (c) A ward or interested person of record with the court may submit to the court a
24.4written statement disputing statements or conclusions regarding the condition of the ward
24.5or addressing any disciplinary or legal action that are is contained in the report guardian's
24.6reports and may petition the court for an order that is in the best interests of the ward or
24.7for other appropriate relief.
24.8(c) (d) An interested person may notify the court in writing that the interested person
24.9does not wish to receive copies of reports required under this section.
24.10(d) (e) The court may appoint a visitor to review a report, interview the ward or
24.11guardian, and make any other investigation the court directs.
24.12(e) (f) The court shall establish a system for monitoring guardianships, including the
24.13filing and review of annual reports. If an annual report is not filed within 60 days of the
24.14required date, the court shall issue an order to show cause.
24.15(g) If a guardian fails to comply with this section, the court may decline to appoint that
24.16person as a guardian or conservator, or may remove a person as guardian or conservator.

24.17    Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
24.18524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
24.19ORDER.
24.20(a) The following may petition for the appointment of a conservator or for any
24.21other appropriate protective order:
24.22(1) the person to be protected;
24.23(2) an individual interested in the estate, affairs, or welfare of the person to be
24.24protected; or
24.25(3) a person who would be adversely affected by lack of effective management of
24.26the property and business affairs of the person to be protected.
24.27(b) The petition must set forth the petitioner's name, residence, current address
24.28if different, relationship to the respondent, and interest in the appointment or other
24.29protective order, and, to the extent known, state or contain the following with respect to
24.30the respondent and the relief requested:
24.31(1) the respondent's name, age, principal residence, current street address, and, if
24.32different, the address of the dwelling where it is proposed that the respondent will reside if
24.33the appointment is made;
25.1(2) if the petition alleges impairment in the respondent's ability to receive and
25.2evaluate information, a brief description of the nature and extent of the respondent's
25.3alleged impairment;
25.4(3) if the petition alleges that the respondent is missing, detained, or unable to
25.5return to the United States, a statement of the relevant circumstances, including the time
25.6and nature of the disappearance or detention and a description of any search or inquiry
25.7concerning the respondent's whereabouts;
25.8(4) the name and address of the respondent's:
25.9(i) spouse, or if the respondent has none, an adult with whom the respondent has
25.10resided for more than six months before the filing of the petition; and
25.11(ii) adult children or, if the respondent has none, the respondent's parents and adult
25.12brothers and sisters or, if the respondent has none, at least one of the adults nearest in
25.13kinship to the respondent who can be found;
25.14(5) the name of the administrative head and address of the institution where the
25.15respondent is a patient, resident, or client of any hospital, nursing home, home care
25.16agency, or other institution;
25.17(6) the name and address of any legal representative for the respondent;
25.18(7) the name and address of any health care agent or proxy appointed pursuant to
25.19a health care directive as defined in section 145C.01, a living will under chapter 145B,
25.20or other similar document executed in another state and enforceable under the laws of
25.21this state;
25.22(8) a general statement of the respondent's property with an estimate of its value,
25.23including any insurance or pension, and the source and amount of other anticipated
25.24income or receipts; and
25.25(9) the reason why a conservatorship or other protective order is in the best interest
25.26of the respondent.
25.27(c) If a conservatorship is requested, the petition must also set forth to the extent
25.28known:
25.29(1) the name, address, and telephone number of any proposed conservator and the
25.30reason why the proposed conservator should be selected;
25.31(2) the name, address, and telephone number of any person nominated as conservator
25.32by the respondent if the respondent has attained 14 years of age; and
25.33(3) the type of conservatorship requested and, if an unlimited conservatorship,
25.34the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
25.35the property to be placed under the conservator's control and any limitation on the
25.36conservator's powers and duties.
26.1(d) The petition must also set forth the following information regarding the proposed
26.2conservator or any employee of the conservator responsible for exercising powers and
26.3duties under the conservatorship:
26.4(1) whether the proposed conservator has ever been removed for cause from serving
26.5as a guardian or conservator and, if so, the case number and court location; and
26.6(2) if the proposed conservator is a professional guardian or conservator, a summary
26.7of the proposed conservator's educational background and relevant work and other
26.8experience.;
26.9(3) whether the proposed conservator has ever applied for or held, at any time, any
26.10professional license from an agency listed under section 524.5-118, subdivision 2a, and if
26.11so, the name of the licensing agency, and as applicable, the license number and status;
26.12whether the license is active or has been denied, conditioned, suspended, revoked, or
26.13canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
26.14of the license;
26.15(4) whether the proposed conservator has ever been found civilly liable in an action
26.16that involved fraud, misrepresentation, material omission, misappropriation, theft, or
26.17conversion, and if so, the case number and court location;
26.18(5) whether the proposed conservator has ever filed for or received protection under
26.19the bankruptcy laws, and if so, the case number and court location;
26.20(6) whether the proposed conservator has any outstanding civil monetary judgments
26.21against the proposed conservator, and if so, the case number, court location, and
26.22outstanding amount owed;
26.23(7) whether an order for protection or harassment restraining order has ever been
26.24issued against the proposed conservator, and if so, the case number and court location; and
26.25(8) whether the proposed conservator has ever been convicted of a crime other than
26.26a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
26.27the conservator was convicted.

26.28    Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
26.29524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
26.30COURT ORDERS.
26.31(a) A conservator shall report to the court for administration of the estate annually
26.32unless the court otherwise directs, upon resignation or removal, upon termination of the
26.33conservatorship, and at other times as the court directs. An order, after notice and hearing,
26.34allowing an intermediate report of a conservator adjudicates liabilities concerning the
27.1matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
27.2a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
27.3(b) A report must state or contain a listing of the assets of the estate under the
27.4conservator's control and a listing of the receipts, disbursements, and distributions during
27.5the reporting period.
27.6(c) The report must also state:
27.7(1) an address and telephone number where the conservator can be contacted;.
27.8(2) whether the conservator has ever been removed for cause from serving as a
27.9guardian or conservator and, if so, the case number and court locations; and
27.10(3) any changes occurring that would affect the accuracy of information contained in
27.11the most recent criminal background study of the conservator conducted under section
27.12524.5-118.
27.13(d) A conservator shall report to the court in writing within 30 days of the occurrence
27.14of any of the events listed in this paragraph. The conservator must report any of the
27.15occurrences in this paragraph and follow the same reporting requirements in this paragraph
27.16for any employee of the conservator responsible for exercising powers and duties under
27.17the conservatorship. A copy of the report must be provided to the protected person and to
27.18interested persons of record with the court. A conservator shall report when:
27.19(1) the conservator is removed for cause from serving as a guardian or conservator,
27.20and if so, the case number and court location;
27.21(2) the conservator has a professional license from an agency listed under section
27.22524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
27.23if so, the licensing agency and license number, and the basis for denial, condition,
27.24suspension, revocation, or cancellation of the license;
27.25(3) the conservator is found civilly liable in an action that involves fraud,
27.26misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
27.27case number and court location;
27.28(4) the conservator files for or receives protection under the bankruptcy laws, and
27.29if so, the case number and court location;
27.30(5) a civil monetary judgment is entered against the conservator, and if so, the case
27.31number, court location, and outstanding amount owed;
27.32(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
27.33offense, and if so, the case number and court location; or
27.34(7) an order for protection or harassment restraining order is issued against the
27.35conservator, and if so, the case number and court location.
28.1(d) (e) A protected person or an interested person of record with the court may
28.2submit to the court a written statement disputing account statements regarding the
28.3administration of the estate or addressing any disciplinary or legal action that are is
28.4 contained in the report reports and may petition the court for any order that is in the best
28.5interests of the protected person and the estate or for other appropriate relief.
28.6(e) (f) An interested person may notify the court in writing that the interested person
28.7does not wish to receive copies of reports required under this section.
28.8(f) (g) The court may appoint a visitor to review a report or plan, interview the
28.9protected person or conservator, and make any other investigation the court directs. In
28.10connection with a report, the court may order a conservator to submit the assets of the
28.11estate to an appropriate examination to be made in a manner the court directs.
28.12(g) (h) The court shall establish a system for monitoring of conservatorships,
28.13including the filing and review of conservators' reports and plans. If an annual report is
28.14not filed within 60 days of the required date, the court shall issue an order to show cause.
28.15(i) If a conservator fails to comply with this section, the court may decline to appoint
28.16that person as a guardian or conservator, or may remove a person as guardian or conservator.

28.17ARTICLE 3
28.18JUDICIARY AND PUBLIC SAFETY

28.19    Section 1. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:
28.20    Subdivision 1. Contracting with other states and federal government. The
28.21commissioner of corrections is hereby authorized to contract with agencies and bureaus of
28.22the United States and with the proper officials of other states or a county of this state for
28.23the custody, care, subsistence, education, treatment and training of persons convicted of
28.24criminal offenses constituting felonies in the courts of this state, the United States, or other
28.25states of the United States. Such The contracts shall provide for reimbursing the state of
28.26Minnesota for all costs or other expenses involved, and, to the extent possible, require
28.27payment to the Department of Corrections of a per diem amount that is substantially equal
28.28to or greater than the per diem for the cost of housing Minnesota inmates at the same
28.29facility. This per diem cost shall be based on the assumption that the facility is at or
28.30near capacity. Funds received under the contracts shall be deposited in the state treasury
28.31and are appropriated to the commissioner of corrections for correctional purposes. Any
28.32prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
28.33to the terms and conditions of the prisoner's original sentence as if the prisoner were
28.34serving the same within the confines of the state in which the conviction and sentence was
29.1had or in the custody of the United States. Nothing herein shall deprive such the inmate of
29.2the right to parole or the rights to legal process in the courts of this state.

29.3    Sec. 2. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:
29.4    Subd. 3. Temporary detention. The commissioner of corrections is authorized to
29.5contract with agencies and bureaus of the United States and with the appropriate officials
29.6of any other state or county of this state for the temporary detention of any person in
29.7custody pursuant to any process issued under the authority of the United States, other
29.8states of the United States, or the district courts of this state. The contract shall provide for
29.9reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
29.10extent possible, require payment to the Department of Corrections of a per diem amount
29.11that is substantially equal to or greater than the per diem for the cost of housing Minnesota
29.12inmates at the same facility. This per diem cost shall be based on the assumption that the
29.13facility is at or near capacity. Funds received under the contracts shall be deposited in the
29.14state treasury and are appropriated to the commissioner of corrections for correctional
29.15purposes.

29.16    Sec. 3. [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
29.17CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
29.18    Subdivision 1. Conditional release authority. The commissioner of corrections has
29.19the authority to release offenders committed to the commissioner's custody who meet the
29.20requirements of this section and of any rules adopted by the commissioner.
29.21    Subd. 2. Conditional release of certain nonviolent controlled substance
29.22offenders. An offender who has been committed to the commissioner's custody may
29.23petition the commissioner for conditional release from prison before the offender's
29.24scheduled supervised release date or target release date if:
29.25(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
29.262a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024, subdivision 2; or 152.025,
29.27subdivision 2;
29.28(2) the offender committed the crime as a result of a controlled substance addiction;
29.29(3) the offender has served at least 36 months or one-half of the offender's term of
29.30imprisonment, whichever is less;
29.31(4) the offender successfully completed a chemical dependency treatment program
29.32of the type described in this section while in prison;
29.33(5) the offender has not previously been conditionally released under this section; and
30.1(6) the offender has not within the past ten years been convicted or adjudicated
30.2delinquent for a violent crime as defined in section 609.1095 other than the current
30.3conviction for the controlled substance offense.
30.4    Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
30.5all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
30.6(6), the opportunity to begin a suitable chemical dependency treatment program of the
30.7type described in this section within 160 days after the offender's term of imprisonment
30.8begins or as soon after 160 days as possible.
30.9    Subd. 4. Chemical dependency treatment program components. (a) The
30.10chemical dependency treatment program described in subdivisions 2 and 3 must:
30.11(1) contain a highly structured daily schedule for the offender;
30.12(2) contain individualized educational programs designed to improve the basic
30.13educational skills of the offender and to provide vocational training, if appropriate;
30.14(3) contain programs designed to promote the offender's self-worth and the offender's
30.15acceptance of responsibility for the consequences of the offender's own decisions;
30.16(4) be licensed by the Department of Human Services and designed to serve the
30.17inmate population; and
30.18(5) require that each offender submit to a chemical use assessment and that the
30.19offender receive the appropriate level of treatment as indicated by the assessment.
30.20(b) The commissioner shall expel from the chemical dependency treatment program
30.21any offender who:
30.22(1) commits a material violation of or repeatedly fails to follow the rules of the
30.23program;
30.24(2) commits any criminal offense while in the program; or
30.25(3) presents any risk to other inmates based on the offender's behavior or attitude.
30.26    Subd. 5. Additional requirements. To be eligible for release under this section,
30.27an offender shall sign a written contract with the commissioner agreeing to comply with
30.28the requirements of this section and the conditions imposed by the commissioner. In
30.29addition to other items, the contract must specifically refer to the term of imprisonment
30.30extension in subdivision 6. In addition, the offender shall agree to submit to random drug
30.31and alcohol tests and electronic or home monitoring as determined by the commissioner or
30.32the offender's supervising agent. The commissioner may impose additional requirements
30.33on the offender that are necessary to carry out the goals of this section.
30.34    Subd. 6. Extension of term of imprisonment for offenders who fail in treatment.
30.35When an offender fails to successfully complete the chemical dependency treatment
30.36program under this section, the commissioner shall add the time that the offender was
31.1participating in the program to the offender's term of imprisonment. However, the
31.2offender's term of imprisonment may not be extended beyond the offender's executed
31.3sentence.
31.4    Subd. 7. Release procedures. The commissioner may deny conditional release to
31.5an offender under this section if the commissioner determines that the offender's release
31.6may reasonably pose a danger to the public or an individual. In making this determination,
31.7the commissioner shall follow the procedures in section 244.05, subdivision 5, and the
31.8rules adopted by the commissioner under that subdivision. The commissioner shall
31.9consider whether the offender was involved in criminal gang activity during the offender's
31.10prison term. The commissioner shall also consider the offender's custody classification
31.11and level of risk of violence and the availability of appropriate community supervision for
31.12the offender. Conditional release granted under this section continues until the offender's
31.13sentence expires, unless release is rescinded under subdivision 8. The commissioner
31.14may not grant conditional release unless a release plan is in place for the offender that
31.15addresses, at a minimum, plans for aftercare, community-based chemical dependency
31.16treatment, gaining employment, and securing housing.
31.17    Subd. 8. Conditional release. The conditions of release granted under this
31.18section are governed by the statutes and rules governing supervised release under this
31.19chapter, except that release may be rescinded without hearing by the commissioner if the
31.20commissioner determines that continuation of the conditional release poses a danger to
31.21the public or to an individual. If the commissioner rescinds an offender's conditional
31.22release, the offender shall be returned to prison and shall serve the remaining portion of
31.23the offender's sentence.
31.24    Subd. 9. Offenders serving other sentences. An offender who is serving
31.25both a sentence for an offense described in subdivision 2 and an offense not described
31.26in subdivision 2 is not eligible for release under this section unless the offender has
31.27completed the offender's full term of imprisonment for the other offense.
31.28    Subd. 10. Notice. Upon receiving an offender's petition for release under
31.29subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
31.30offender's conviction and the sentencing court. The commissioner shall give the authority
31.31and court a reasonable opportunity to comment on the offender's potential release. If
31.32the authority or court elects to comment, the comments must specify the reasons for
31.33the authority or court's position.
31.34EFFECTIVE DATE.This section is effective July 1, 2013, and applies to persons
31.35in prison on or after that date.

32.1    Sec. 4. Minnesota Statutes 2012, section 299A.705, is amended by adding a
32.2subdivision to read:
32.3    Subd. 4. Prohibited expenditures. The commissioner is prohibited from expending
32.4money from driver and vehicle services accounts created in the special revenue fund for
32.5any purpose that is not specifically authorized in this section or in the chapters specified
32.6in this section.

32.7    Sec. 5. Minnesota Statutes 2012, section 299A.73, subdivision 3, is amended to read:
32.8    Subd. 3. Grant allocation formula. Up to one five percent of the appropriations
32.9to the grants-in-aid to the youth intervention program may be used for a grant to
32.10the Minnesota Youth Intervention Programs Association for expenses in providing
32.11collaborative collaboration, program development, professional development training
32.12and, technical assistance to, tracking, and analyzing and reporting outcome data for the
32.13 community-based grantees of the program. The Minnesota Youth Intervention Programs
32.14Association is not required to meet the match obligation under subdivision 2.

32.15    Sec. 6. Minnesota Statutes 2012, section 357.021, is amended by adding a subdivision
32.16to read:
32.17    Subd. 2b. Court technology fund. (a) In addition to any other filing fee under this
32.18chapter, the court administrator shall collect a $2 technology fee on filings made under
32.19subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
32.20to the commissioner of management and budget for deposit in the court technology
32.21account in the special revenue fund.
32.22(b) A court technology account is established as a special account in the state
32.23treasury and funds deposited in the account are appropriated to the Supreme Court for
32.24distribution of technology funds as provided in paragraph (d). Technology funds may
32.25be used for the following purposes: acquisition, development, support, maintenance,
32.26and upgrades to computer systems, equipment and devices, network systems, electronic
32.27records, filings and payment systems, interactive video teleconferencing, and online
32.28services, to be used by the state courts and their justice partners.
32.29(c) The Judicial Council may establish a board consisting of members from the
32.30judicial branch, prosecutors, public defenders, corrections, and civil legal services to
32.31distribute funds collected under paragraph (a). The Judicial Council may adopt policies
32.32and procedures for the operation of the board, including but not limited to policies
32.33and procedures governing membership terms, removal of members, and the filling of
32.34membership vacancies.
33.1(d) Applications for the expenditure of technology funds shall be accepted from the
33.2judicial branch, county and city attorney offices, the Board of Public Defense, qualified
33.3legal services programs as defined under section 480.24, corrections agencies, and
33.4part-time public defender offices. The applications shall be reviewed by the Judicial
33.5Council and, if established, the board. In accordance with any recommendations from
33.6the board, the Judicial Council shall distribute the funds available for this expenditure to
33.7selected recipients.
33.8(e) By January 15, 2015, and by January 15, 2017, the Judicial Council shall submit
33.9a report to the chairs and ranking minority members of the house of representatives and
33.10senate committees with jurisdiction over judiciary finance providing an accounting on
33.11the amounts collected and expended in the previous biennium, including a list of fund
33.12recipients, the amounts awarded to each recipient, and the technology purpose funded.
33.13(f) This subdivision expires June 30, 2018.
33.14EFFECTIVE DATE.This section is effective July 1, 2013, and applies to filings
33.15made on or after that date.

33.16    Sec. 7. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
33.17    Subdivision 1. Scope of application. (a) For all contracts for goods and services in
33.18excess of $100,000, no department or agency of the state shall accept any bid or proposal
33.19for a contract or agreement from any business having more than 40 full-time employees
33.20within this state on a single working day during the previous 12 months, unless the
33.21commissioner is in receipt of the business' affirmative action plan for the employment of
33.22minority persons, women, and qualified disabled individuals. No department or agency of
33.23the state shall execute any such contract or agreement until the affirmative action plan
33.24has been approved by the commissioner. Receipt of a certificate of compliance issued by
33.25the commissioner shall signify that a firm or business has an affirmative action plan that
33.26has been approved by the commissioner. A certificate shall be valid for a period of two
33.27 four years. A municipality as defined in section 466.01, subdivision 1, that receives state
33.28money for any reason is encouraged to prepare and implement an affirmative action plan
33.29for the employment of minority persons, women, and the qualified disabled and submit the
33.30plan to the commissioner.
33.31    (b) This paragraph applies to a contract for goods or services in excess of $100,000
33.32to be entered into between a department or agency of the state and a business that is
33.33not subject to paragraph (a), but that has more than 40 full-time employees on a single
33.34working day during the previous 12 months in the state where the business has its primary
33.35place of business. A department or agency of the state may not execute a contract or
34.1agreement with a business covered by this paragraph unless the business has a certificate
34.2of compliance issued by the commissioner under paragraph (a) or the business certifies
34.3that it is in compliance with federal affirmative action requirements.
34.4    (c) This section does not apply to contracts entered into by the State Board of
34.5Investment for investment options under section 352.965, subdivision 4.

34.6    Sec. 8. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:
34.7    Subd. 2. Filing fee; account; appropriation. The commissioner shall collect
34.8a $75 $150 fee for each certificate of compliance issued by the commissioner or the
34.9commissioner's designated agent. The proceeds of the fee must be deposited in a
34.10human rights fee special revenue account. Money in the account is appropriated to the
34.11commissioner to fund the cost of issuing certificates and investigating grievances.

34.12    Sec. 9. Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
34.13    Subd. 7. Compensation; travel expenses. (a) The salary of a judge of the Court of
34.14Appeals shall be as provided by section 15A.082. Except as provided in paragraph (b),
34.15 travel expenses shall be paid by the state in the same manner and amount as provided for
34.16judges of the district court in section 484.54.
34.17(b) For any judge of the Court of Appeals whose permanent place of residence
34.18is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
34.19travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
34.20expenses during the judge's term of service on the Court of Appeals:
34.21(1) housing expenses in an amount prescribed by judicial council policy, but not
34.22less than $1,000 per month; and
34.23(2) mileage for travel from the judge's permanent place of residence to and from
34.24the judge's permanent chambers charged at the current United States Internal Revenue
34.25Service reimbursement rate.
34.26Reimbursable expenses under this paragraph shall be paid by the state in the same manner
34.27as provided for judges of the district court in section 484.54, subdivision 3.
34.28(c) Paragraph (b) expires June 30, 2019.
34.29EFFECTIVE DATE.This section is effective July 1, 2014.

34.30    Sec. 10. Minnesota Statutes 2012, section 609.3455, is amended by adding a
34.31subdivision to read:
35.1    Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
35.2provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
35.3609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
35.4commit the defendant to the commissioner of corrections for not less than three years, nor
35.5more than the maximum sentence provided by law for the offense for which convicted,
35.6notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
35.7stay the execution of the sentence imposed under this subdivision only if it finds that a
35.8professional assessment indicates the offender is accepted by and can respond to treatment
35.9at a long-term inpatient program exclusively treating sex offenders and approved by the
35.10commissioner of corrections. If the court stays the execution of a sentence, it shall include
35.11the following as conditions of probation:
35.12(1) incarceration in a local jail or workhouse; and
35.13(2) a requirement that the offender successfully complete the treatment program and
35.14aftercare as directed by the court.
35.15EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
35.16committed on or after that date.

35.17    Sec. 11. Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3,
35.18is amended to read:
35.19
Subd. 3.Civil Legal Services
11,016,000
11,016,000
35.20(a) Legal Services to Low-Income
35.21Clients in Family Law Matters. Of this
35.22appropriation, $877,000 each year is to
35.23improve the access of low-income clients to
35.24legal representation in family law matters.
35.25This appropriation must be distributed
35.26under Minnesota Statutes, section 480.242,
35.27to the qualified legal services programs
35.28described in Minnesota Statutes, section
35.29480.242, subdivision 2 , paragraph (a). Any
35.30unencumbered balance remaining in the first
35.31year does not cancel and is available in the
35.32second year.
35.33(b) Case Priorities. For legal services
35.34funded by state funds, priority must be
36.1given to clients with civil matters within the
36.2jurisdiction of the state courts or agencies.

36.3    Sec. 12. JUDICIAL SALARY INCREASE.
36.4(a) The salaries of Supreme Court justices, Court of Appeals judges, and district court
36.5judges are increased by three percent on July 1, 2013, and by three percent on July 1, 2014.
36.6(b) In addition to the increases specified in paragraph (a), the salaries of Supreme
36.7Court justices, Court of Appeals judges, and district court judges are increased by one
36.8percent on July 1, 2013, if legislation to increase pension fund contribution rates by judges
36.9by one percent has been enacted into law by July 1, 2013. If the salary increases described
36.10in this paragraph do not take effect, the amount necessary to fund this portion of the salary
36.11increase is canceled to the general fund from the appropriations in article 1, sections 3 to 5.

36.12    Sec. 13. INTERAGENCY AGREEMENT.
36.13The commissioner of corrections shall execute an interagency agreement with the
36.14commissioner of human services to pay the medical assistance cost attributable to medical
36.15assistance eligibility for inmates of public institutions admitted to hospitals on an inpatient
36.16basis. The amount that must be paid by the Department of Corrections shall include all
36.17state medical assistance costs, including administrative costs, attributable to inmates under
36.18state and county jurisdiction admitted to hospitals on an inpatient basis.

36.19    Sec. 14. JUVENILE JUSTICE SYSTEM REPORT.
36.20(a) The following shall appoint representatives to discuss issues specified in
36.21paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI)
36.22and others designated by NAMI: the commissioners of human services, corrections,
36.23and education; a district court judge designated by the Supreme Court; the Minnesota
36.24County Attorneys Association; the state public defender; the Indian Affairs Council;
36.25the Minnesota County Probation Officers Association; and the Minnesota Association
36.26of Community Corrections Act Counties.
36.27(b) The issues to be discussed are:
36.28(1) shared statewide outcome goals for children in the juvenile justice system and
36.29their families, such as academic success, successful transitions to adulthood, and lower
36.30recidivism rates;
36.31(2) the continuum of service necessary to ensure quality care that meets the complex
36.32needs of children in the juvenile justice system and their families;
37.1(3) strategies for early identification of and response to needs related to juvenile
37.2justice outcomes, including in the areas of trauma, mental and physical health, chemical
37.3dependency, traumatic brain injury, developmental disabilities, education, family needs,
37.4housing, employment, and any other areas identified by the work group;
37.5(4) changes needed to ensure coordinated delivery of quality services to
37.6meet the individual needs of each child in the system, particularly in the areas of
37.7information-sharing, service shortages, and cost pressures;
37.8(5) changes needed to ensure coordination between delinquency and CHIPS cases,
37.9schools, the children's mental health system, and any other relevant entities for children
37.10involved in multiple systems;
37.11(6) changes to any rules and statutes that create barriers to achieving the shared
37.12outcomes agreed upon by the work group;
37.13(7) an implementation plan to achieve integrated service delivery across systems and
37.14across the public, private, and nonprofit sectors;
37.15(8) an implementation plan to accomplish the shared outcomes agreed upon by
37.16the work group; and
37.17(9) financing mechanisms that include all possible revenue sources to maximize
37.18federal, state, and local funding and promote cost efficiencies and sustainability.
37.19(c) The National Alliance on Mental Illness shall report to the legislature on
37.20results of discussions under this section by February 15, 2014, after consulting with the
37.21commissioners of human services, corrections, and education.

37.22    Sec. 15. REPEALER.
37.23Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.

37.24ARTICLE 4
37.25DATA INTEGRATION PROJECT

37.26    Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
37.27241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
37.28FROM OTHER STATES.
37.29    The commissioner of corrections shall establish procedures so that whenever this
37.30state receives an inmate, parolee, or probationer from another state under sections 241.28
37.31to 241.30 or 243.1605, fingerprints and thumbprints of the inmate, parolee, or probationer
37.32are obtained and forwarded to the Bureau of Criminal Apprehension. by electronic entry
37.33into a Bureau of Criminal Apprehension-managed searchable database within 24 hours
38.1of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic
38.2format for entry into the searchable database within three business days of receipt if the
38.3data is not entered by the commissioner.

38.4    Sec. 2. Minnesota Statutes 2012, section 253B.24, is amended to read:
38.5253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
38.6BACKGROUND CHECK SYSTEM.
38.7When a court:
38.8(1) commits a person under this chapter as being mentally ill, developmentally
38.9disabled, mentally ill and dangerous, or chemically dependent;
38.10(2) determines in a criminal case that a person is incompetent to stand trial or not
38.11guilty by reason of mental illness; or
38.12(3) restores a person's ability to possess a firearm under section 609.165, subdivision
38.131d
, or 624.713, subdivision 4,
38.14the court shall ensure that this information is electronically transmitted as soon as
38.15practicable within three business days to the National Instant Criminal Background
38.16Check System.

38.17    Sec. 3. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
38.18    Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
38.19community corrections agencies operating secure juvenile detention facilities shall take
38.20or cause to be taken immediately finger and thumb prints, photographs, distinctive
38.21physical mark identification data, information on any known aliases or street names, and
38.22other identification data requested or required by the superintendent of the bureau, of
38.23the following:
38.24(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
38.25gross misdemeanor, or targeted misdemeanor;
38.26(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
38.27for, or alleged to have committed felonies or gross misdemeanors as distinguished from
38.28those committed by adult offenders;
38.29(3) adults and juveniles admitted to jails or detention facilities;
38.30(4) persons reasonably believed by the arresting officer to be fugitives from justice;
38.31(5) persons in whose possession, when arrested, are found concealed firearms or
38.32other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
38.33machines, or appliances usable for an unlawful purpose and reasonably believed by the
38.34arresting officer to be intended for such purposes;
39.1(6) juveniles referred by a law enforcement agency to a diversion program for a
39.2felony or gross misdemeanor offense; and
39.3(7) persons currently involved in the criminal justice process, on probation, on
39.4parole, or in custody for any offense whom the superintendent of the bureau identifies as
39.5being the subject of a court disposition record which cannot be linked to an arrest record,
39.6and whose fingerprints are necessary to reduce the number of suspense files, or to comply
39.7with the mandates of section 299C.111, relating to the reduction of the number of suspense
39.8files. This duty to obtain fingerprints for the offenses in suspense at the request of the
39.9bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
39.10while making court appearances, while in custody, or while on any form of probation,
39.11diversion, or supervised release.
39.12(b) Unless the superintendent of the bureau requires a shorter period, within 24
39.13hours of taking the fingerprints and data, the fingerprint records and other identification
39.14data specified under paragraph (a) must be forwarded to the bureau on such forms and in
39.15such electronically entered into a bureau-managed searchable database in a manner as
39.16may be prescribed by the superintendent.
39.17(c) Prosecutors, courts, and probation officers and their agents, employees, and
39.18subordinates shall attempt to ensure that the required identification data is taken on a
39.19person described in paragraph (a). Law enforcement may take fingerprints of an individual
39.20who is presently on probation.
39.21(d) Finger and thumb prints must be obtained no later than:
39.22(1) release from booking; or
39.23(2) if not booked prior to acceptance of a plea of guilty or not guilty.
39.24Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
39.25prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
39.26and thumb prints have not been successfully received by the bureau, an individual may,
39.27upon order of the court, be taken into custody for no more than eight hours so that the
39.28taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
39.29this time period may be extended upon a showing that additional time in custody is
39.30essential for the successful taking of prints.
39.31(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
39.32of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
39.33609.224 (fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with
39.34privacy), 609.748 (harassment or restraining order violation), 617.23 (indecent exposure),
39.35or 629.75 (domestic abuse no contact order).

40.1    Sec. 4. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
40.2    Subd. 3. Bureau duty. The bureau must enter convert into an electronic format for
40.3entry in the criminal records system finger and thumb prints fingerprints, thumbprints,
40.4and other identification data within five working days three business days after they are
40.5received under this section if the fingerprints, thumbprints, and other identification data
40.6were not electronically entered by a criminal justice agency.

40.7    Sec. 5. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
40.8    Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
40.9police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
40.10such finger and thumb prints, photographs, distinctive physical mark identification data,
40.11information on known aliases and street names, and other identification data as may be
40.12requested or required by the superintendent of the bureau, which must be taken under the
40.13provisions of section 299C.10. In addition, sheriffs and chiefs of police shall furnish this
40.14identification data to the bureau for individuals found to have been convicted of a felony,
40.15gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
40.16their arrest. When the bureau learns that an individual who is the subject of a background
40.17check has used, or is using, identifying information, including, but not limited to, name
40.18and date of birth, other than those listed on the criminal history, the bureau may add shall
40.19convert into an electronic format, if necessary, and enter into a bureau-managed searchable
40.20database the new identifying information to the criminal history when supported by
40.21fingerprints within three business days of learning the information if the information is
40.22not entered by a law enforcement agency.
40.23(b) No petition under chapter 609A is required if the person has not been convicted
40.24of any felony or gross misdemeanor, either within or without the state, within the period
40.25of ten years immediately preceding the determination of all pending criminal actions or
40.26proceedings in favor of the arrested person, and either of the following occurred:
40.27(1) all charges were dismissed prior to a determination of probable cause; or
40.28(2) the prosecuting authority declined to file any charges and a grand jury did not
40.29return an indictment.
40.30Where these conditions are met, the bureau or agency shall, upon demand, return to
40.31the arrested person finger and thumb prints, photographs, distinctive physical mark
40.32identification data, information on known aliases and street names, and other identification
40.33data, and all copies and duplicates of them.
40.34(c) Except as otherwise provided in paragraph (b), upon the determination of all
40.35pending criminal actions or proceedings in favor of the arrested person, and the granting
41.1of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
41.2thumb prints, photographs, distinctive physical mark identification data, information on
41.3known aliases and street names, and other identification data, and all copies and duplicates
41.4of them if the arrested person has not been convicted of any felony or gross misdemeanor,
41.5either within or without the state, within the period of ten years immediately preceding
41.6such determination.

41.7    Sec. 6. Minnesota Statutes 2012, section 299C.14, is amended to read:
41.8299C.14 INFORMATION ON RELEASED PRISONER.
41.9It shall be the duty of the officials having charge of the penal institutions of the state
41.10or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
41.11require, finger and thumb prints, photographs, distinctive physical mark identification
41.12data, other identification data, modus operandi reports, and criminal records of prisoners
41.13heretofore, now, or hereafter confined in such penal institutions, together with the period
41.14of their service and the time, terms, and conditions of their discharge. This duty to furnish
41.15information includes, but is not limited to, requests for fingerprints as the superintendent of
41.16the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
41.17history files, to reduce the number of suspense files, or to comply with the mandates
41.18of section 299C.111 relating to the reduction of the number of suspense files where a
41.19disposition record is received that cannot be linked to an arrest record. The officials shall
41.20electronically enter the information in a bureau-managed searchable database within 24
41.21hours of a prisoner's date of release or discharge. The bureau shall convert the information
41.22into an electronic format and enter it into the searchable database within three business
41.23days of the date of receipt, if the information is not entered by the officials.

41.24    Sec. 7. Minnesota Statutes 2012, section 299C.17, is amended to read:
41.25299C.17 REPORT BY COURT ADMINISTRATOR.
41.26The superintendent shall have power to require the court administrator of any
41.27county of every court which sentences a defendant for a felony, gross misdemeanor, or
41.28targeted misdemeanor to file with the department, at such time as the superintendent may
41.29designate, electronically transmit within 24 hours of the disposition of the case a report,
41.30upon such in a form as prescribed by the superintendent may prescribe, furnishing such
41.31 providing information as the required by the superintendent may require with regard to
41.32the prosecution and disposition of criminal cases. A copy of the report shall be kept on
41.33file in the office of the court administrator.

42.1    Sec. 8. Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:
42.2    Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
42.3convicted as an extended jurisdiction juvenile for committing, a crime of violence as
42.4defined in section 624.712, subdivision 5, the court shall inform the defendant that the
42.5defendant is prohibited from possessing a pistol or semiautomatic military-style assault
42.6weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
42.7this prohibition. The failure of the court to provide this information to a defendant does
42.8not affect the applicability of the pistol or semiautomatic military-style assault weapon
42.9possession prohibition or the felony penalty to that defendant.
42.10(b) When a person, including a person under the jurisdiction of the juvenile court, is
42.11charged with committing a crime of violence and is placed in a pretrial diversion program
42.12by the court before disposition, the court shall inform the defendant that: (1) the defendant
42.13is prohibited from possessing a pistol or semiautomatic military-style assault weapon
42.14until the person has completed the diversion program and the charge of committing a
42.15crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
42.16prohibition; and (3) if the defendant violates this condition of participation in the diversion
42.17program, the charge of committing a crime of violence may be prosecuted. The failure of
42.18the court to provide this information to a defendant does not affect the applicability of the
42.19pistol or semiautomatic military-style assault weapon possession prohibition or the gross
42.20misdemeanor penalty to that defendant.
42.21(c) A court shall notify a person subject to subdivision 1, clause (3), of the
42.22prohibitions described in that clause and those described in United States Code, title 18,
42.23sections 922(d)(4) and 922(g)(4).
42.24EFFECTIVE DATE.This section is effective August 1, 2013.

42.25    Sec. 9. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
42.26to read:
42.27    Subd. 5. Provision of firearms background check information. (a) When a
42.28court places a person, including a person under the jurisdiction of the juvenile court, who
42.29is charged with committing a crime of violence into a pretrial diversion program before
42.30disposition, the court must ensure that information regarding the person's placement in
42.31that program and the ordered expiration date of that placement is transmitted as soon as
42.32practicable to the National Instant Criminal Background Check System. When a person
42.33successfully completes or discontinues the program, the prosecuting attorney must also
42.34report that fact within 24 hours of receipt to the National Instant Criminal Background
42.35Check System.
43.1(b) The court must report the conviction and duration of the firearms disqualification
43.2imposed as soon as practicable to the National Instant Criminal Background Check
43.3System when a person is convicted of a gross misdemeanor that disqualifies the person
43.4from possessing firearms under the following sections:
43.5(1) 518B.01, subdivision 14;
43.6(2) 609.224, subdivision 3;
43.7(3) 609.2242, subdivision 3;
43.8(4) 609.749, subdivision 8;
43.9(5) 624.713, subdivision 1, clause (11); or
43.10(6) 629.715, subdivision 2.
43.11(c) If the court reports a firearms disqualification based on a charge of violating an
43.12offense listed in paragraph (b), the court must provide notice of the disposition of the charge
43.13to the National Instant Criminal Background Check System within three business days.
43.14EFFECTIVE DATE.This section is effective August 1, 2013.

43.15    Sec. 10. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
43.16(a) By July 1, 2014, a court shall electronically enter into the National Instant
43.17Criminal Background Check System information on all persons civilly committed during
43.18the period from January 1, 1994, to September 28, 2010, that has not already been
43.19entered in the system. The information provided under this paragraph must include civil
43.20commitment orders and orders restoring firearms eligibility under Minnesota Statutes,
43.21section 624.713, subdivision 4.
43.22(b) By September 1, 2013, courts and law enforcement agencies shall electronically
43.23enter into a Bureau of Criminal Apprehension-managed database information on all
43.24persons convicted in a Minnesota court of a felony during the years 2008 to 2012 that
43.25has not already been entered in a searchable database. The bureau shall convert into an
43.26electronic format and enter into the searchable database, within three business days of
43.27receipt of the data, all data received from a court or law enforcement agency that is not
43.28entered by the court or agency into a bureau-managed searchable database.
43.29(c) The governor or commissioner of public safety may extend the time for entering
43.30information of prior civil commitments and felony convictions under paragraphs (a) and
43.31(b) for a period not to exceed 60 days for good cause shown.

43.32    Sec. 11. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
43.33GROUP.
44.1The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
44.2and ranking minority members of the house of representatives and senate committees
44.3having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
44.4search capabilities of the Bureau of Criminal Apprehension-managed databases and
44.5recommend how the search capabilities of the databases may be improved with, among
44.6other proposals, an increase in the number of identification data for each person included
44.7in the databases. The group shall also report on the progress made on reducing the number
44.8of bureau suspense files and recommendations to facilitate the reduction of these files. The
44.9group, in consultation with the revisor of statutes, shall review existing law relating to the
44.10timely transmittal and entry of data and propose legislation for the 2014 legislative session
44.11that clarifies, conforms, implements, and resolves any conflicts with this act.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569