Minnesota Legislature
SF 671
Conference Committee Report - 88th Legislature (2013 - 2014) Posted on 05/15/2013 10:32pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 671
1.3relating to public safety; providing that funds received for out-of-state offenders
1.4incarcerated in Minnesota are appropriated to the Department of Corrections;
1.5modifying certificates of compliance for public contracts; appropriating money
1.6for public safety, judiciary, corrections, and human rights;amending Minnesota
1.7Statutes 2012, sections 243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2;
1.8Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
1.9repealing Minnesota Statutes 2012, section 243.51, subdivision 5.
1.10May 15, 2013
1.11The Honorable Sandra L. Pappas
1.12President of the Senate
1.13The Honorable Paul Thissen
1.14Speaker of the House of Representatives
1.15We, the undersigned conferees for S.F. No. 671 report that we have agreed upon the
1.16items in dispute and recommend as follows:
1.17That the House recede from its amendments and that S.F. No. 671 be further
1.18amended as follows:
1.19Delete everything after the enacting clause and insert:
1.23The amounts shown in this section summarize direct appropriations, by fund, made
1.24in this article.
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.
2.18The amounts that may be spent for each
2.19purpose are specified in the following
2.20subdivisions.
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.
3.5Legal 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.
3.18(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.
4.2(a) Specialty Courts
4.3$875,000 each year is to develop, expand,
4.4and maintain specialty courts.
4.5(b) Employer Pension Fund Contribution
4.6$778,000 the first year and $809,000 the
4.7second year are for a two percent increase
4.8in the employer pension fund contribution
4.9rate to the judge retirement plan. These
4.10appropriations take effect only if legislation
4.11to increase the employer pension fund
4.12contribution rate by two percent is enacted
4.13into law by July 1, 2013. If the appropriations
4.14do not take effect, this appropriation cancels
4.15to the general fund.
4.18(a) Additional Resources
4.19$161,000 each year is for two law clerks,
4.20continuing legal education costs, and
4.21Westlaw costs.
4.22(b) Case Management System
4.23$25,000 each year is for the implementation
4.24and maintenance of a modern case
4.25management system.
4.27Back Dues
4.28$63,000 the first year is to pay back dues
4.29owing to the National Conference of
4.30Commissioners on Uniform State Laws.
5.2(a) Deficiencies
5.3$300,000 the first year is for deficiencies
5.4occurring in fiscal year 2013. This
5.5appropriation is available for expenditure the
5.6day following final enactment.
5.7(b) Major Disciplinary Actions
5.8$125,000 each year is for special
5.9investigative and hearing costs for major
5.10disciplinary actions undertaken by the
5.11board. This appropriation does not cancel.
5.12Any encumbered and unspent balances
5.13remain available for these expenditures in
5.14subsequent fiscal years.
5.16(a) Transcripts
5.17From this appropriation, the board shall pay
5.18all outstanding billings as of June 30, 2013,
5.19for transcripts.
5.20(b) Report to the Legislature
5.21By January 15, 2014, and by January 15,
5.222015, the board shall report to the chairs
5.23and ranking minority members of the house
5.24of representatives and senate committees
5.25with jurisdiction over criminal justice and
5.26judiciary finance on how this appropriation
5.27was spent, including information on new
5.28attorney and staff hires, salary and benefit
5.29increases, caseload reductions, technology
5.30improvements, and transcript costs and
5.31billings.
6.2Electronic Sentencing Worksheet
6.3$300,000 the first year is for a transfer to
6.4the Office of Enterprise Technology for an
6.5electronic sentencing worksheet system. This
6.6appropriation is available until expended.
6.7Any ongoing information technology
6.8support or costs for this application shall be
6.9incorporated into the service-level agreement
6.10and shall be paid to the Office of Enterprise
6.11Technology.
6.22The amounts that may be spent for each
6.23purpose are specified in the following
6.24subdivisions.
6.31$604,000 each year is from the fire safety
6.32account in the special revenue fund. These
6.33amounts must be used to fund the hazardous
6.34materials and chemical assessment teams.
7.2$455,000 the first year and $405,000 the
7.3second year from the general fund are to
7.4reinstate the school safety center and to
7.5provide for school safety. The commissioner
7.6of public safety shall work collaboratively
7.7with the School Climate Council and the
7.8school climate center established under
7.9Minnesota Statutes, sections 121A.07 and
7.10127A.052.
7.11By January 15, 2014, and by January 15,
7.122015, the commissioner of public safety
7.13shall report to the chairs and ranking
7.14minority members of the senate and house of
7.15representatives committees with jurisdiction
7.16over criminal justice and judiciary funding
7.17on how this appropriation was spent. The
7.18report shall specify the results achieved
7.19by the school safety center and the level
7.20of cooperation achieved between the
7.21commissioner and the School Climate
7.22Council and school climate center.
7.31Notwithstanding Minnesota Statutes, section
7.32161.20, subdivision 3, $1,941,000 each year
7.33is from the trunk highway fund for laboratory
7.34analysis related to driving-while-impaired
7.35cases.
8.2$50,000 the first year and $580,000 the
8.3second year from the general fund and,
8.4notwithstanding Minnesota Statutes, section
8.5299A.705, subdivision 4, $3,000,000 the
8.6first year and $2,000,000 the second year
8.7from the vehicle services account in the
8.8special revenue fund are to replace the
8.9state criminal history system. This is a
8.10onetime appropriation and is available until
8.11expended. Of this amount, $2,980,000 the
8.12first year and $2,580,000 the second year
8.13are for a onetime transfer to the Office of
8.14Enterprise Technology for start-up costs.
8.15Service level agreements must document all
8.16project-related transfers under this paragraph.
8.17Ongoing operating and support costs for this
8.18system shall be identified and incorporated
8.19into future service level agreements.
8.20The commissioner is authorized to use funds
8.21appropriated under this paragraph for the
8.22purposes specified in paragraph (c).
8.24$1,360,000 the first year and $1,360,000 the
8.25second year from the general fund are to
8.26replace the state's crime reporting system.
8.27This is a onetime appropriation and is
8.28available until expended. Of these amounts,
8.29$1,360,000 the first year and $1,360,000
8.30the second year are for a onetime transfer
8.31to the Office of Enterprise Technology for
8.32start-up costs. Service level agreements
8.33must document all project-related transfers
8.34under this paragraph. Ongoing operating
9.1and support costs for this system shall
9.2be identified and incorporated into future
9.3service level agreements.
9.4The commissioner is authorized to use funds
9.5appropriated under this paragraph for the
9.6purposes specified in paragraph (b).
9.8$125,000 the first year and $125,000 the
9.9second year from the general fund and,
9.10notwithstanding Minnesota Statutes, section
9.11161.20, subdivision 3, $125,000 the first
9.12year and $125,000 the second year from the
9.13trunk highway fund are to replace forensic
9.14laboratory equipment at the Bureau of
9.15Criminal Apprehension.
9.16$200,000 the first year and $200,000 the
9.17second year from the general fund and,
9.18notwithstanding Minnesota Statutes, section
9.19161.20, subdivision 3, $200,000 the first
9.20year and $200,000 the second year from the
9.21trunk highway fund are to improve forensic
9.22laboratory staffing at the Bureau of Criminal
9.23Apprehension.
9.25$310,000 the first year and $389,000 the
9.26second year from the general fund are to
9.27maintain Livescan fingerprinting machines.
9.28This is a onetime appropriation.
9.30The Bureau of Criminal Apprehension's
9.31general fund base is reduced by $1,720,000
9.32in fiscal year 2014 and $2,329,000 in fiscal
9.33year 2015 to reflect onetime appropriations.
10.2If the vehicle services special revenue account
10.3accrues an unallocated balance in excess
10.4of 50 percent of the previous fiscal year's
10.5expenditures, the commissioner of public
10.6safety shall submit a report to the chairs
10.7and ranking minority members of the house
10.8of representatives and senate committees
10.9with jurisdiction over transportation and
10.10public safety policy and finance. The report
10.11must contain specific policy and legislative
10.12recommendations for reducing the fund
10.13balance and avoiding future excessive fund
10.14balances. The report is due within three
10.15months of the fund balance exceeding the
10.16threshold established in this paragraph.
10.18This appropriation is from the fire safety
10.19account in the special revenue fund and is for
10.20activities under Minnesota Statutes, section
10.21299F.012.
10.22Of this amount: (1) $7,187,000 each year
10.23is for activities under Minnesota Statutes,
10.24section 299F.012; and (2) $2,368,000 the first
10.25year and $2,368,000 the second year are for
10.26transfers to the general fund under Minnesota
10.27Statutes, section 297I.06, subdivision 3.
10.32$653,000 each year is from the alcohol
10.33enforcement account in the special revenue
11.1fund. Of this appropriation, $500,000 each
11.2year shall be transferred to the general fund.
11.3$250,000 each year is appropriated from the
11.4lawful gambling regulation account in the
11.5special revenue fund.
11.12Up to 2.5 percent of the grant funds
11.13appropriated in this subdivision may be used
11.14by the commissioner to administer the grant
11.15program.
11.17$1,500,000 each year must be distributed
11.18through an open and competitive grant
11.19process for existing crime victim programs.
11.20The funds must be used to meet the needs
11.21of underserved and unserved areas and
11.22populations.
11.24$100,000 each year is for a grant to the
11.25community offender reentry program for
11.26assisting individuals to transition from
11.27incarceration to the communities in and
11.28around Duluth, including assistance in
11.29finding housing, employment, educational
11.30opportunities, counseling, and other
11.31resources. This is a onetime appropriation.
12.1$1,000,000 each year is for youth intervention
12.2programs under Minnesota Statutes, section
12.3299A.73. The appropriations must be
12.4used to create new programs statewide
12.5in underserved areas and to help existing
12.6programs serve unmet needs in program
12.7communities. These appropriations are
12.8available until expended. This amount must
12.9be added to the department's base budget for
12.10grants to youth intervention programs.
12.11(e) Sexually Exploited Youth; Law
12.12Enforcement and Prosecution Training
12.13$350,000 each year is for a grant to Ramsey
12.14County to be used by the Ramsey County
12.15Attorney's Office to:
12.16(1) develop a statewide model protocol for
12.17law enforcement, prosecutors, and others,
12.18who in their professional capacity encounter
12.19sexually exploited and trafficked youth, on
12.20identifying and intervening with sexually
12.21exploited and trafficked youth;
12.22(2) conduct statewide training for law
12.23enforcement and prosecutors on the model
12.24protocol and the Safe Harbor Law described
12.25in Laws 2011, First Special Session chapter
12.261, article 4, as modified by Senate File No.
12.27384, article 2, if enacted; and
12.28(3) develop and disseminate to law
12.29enforcement, prosecutors, and others, who
12.30in their professional capacity encounter
12.31sexually exploited and trafficked youth, on
12.32investigative best practices to identify sex
12.33trafficked victims and traffickers.
13.1The Ramsey County attorney may use the
13.2money appropriated in this paragraph to
13.3partner with other entities to implement
13.4clauses (1) to (3).
13.5By January 15, 2015, the Ramsey County
13.6Attorney's Office shall report to the chairs
13.7and ranking minority members of the senate
13.8and house of representatives committees and
13.9divisions having jurisdiction over criminal
13.10justice policy and funding on how this
13.11appropriation was spent.
13.12These appropriations are onetime.
13.13(f) Returning Veterans in Crisis
13.14$50,000 each year is for a grant to the Upper
13.15Midwest Community Policing Institute for
13.16use in training community safety personnel
13.17about the use of de-escalation strategies
13.18for handling returning veterans in crisis.
13.19This is a onetime appropriation, and the
13.20unencumbered balance in the first year does
13.21not cancel but is available for the second
13.22year. The commissioner shall consult with
13.23the Peace Officers Standards and Training
13.24(POST) Board regarding the design and
13.25content of the course, and must also ensure
13.26that the training opportunities are reasonably
13.27distributed throughout the state.
13.28(g) Juvenile Detention Alternative
13.29Initiative
13.30$50,000 each year is for a grant to the
13.31Juvenile Detention Alternative Initiative.
13.32This is a onetime appropriation, and funds
13.33unexpended in the first year are available in
13.34the second year.
14.2This appropriation is from the state
14.3government special revenue fund for 911
14.4emergency telecommunications services.
14.6$13,664,000 each year is to be distributed
14.7as provided in Minnesota Statutes, section
14.8403.113, subdivision 2.
14.10$683,000 each year is for grants to the
14.11Minnesota Emergency Medical Services
14.12Regulatory Board for the Metro East
14.13and Metro West Medical Resource
14.14Communication Centers that were in
14.15operation before January 1, 2000.
14.17$23,261,000 each year is to the commissioner
14.18of management and budget to pay debt
14.19service on revenue bonds issued under
14.20Minnesota Statutes, section 403.275.
14.21Any portion of this appropriation not needed
14.22to pay debt service in a fiscal year may be
14.23used by the commissioner of public safety to
14.24pay cash for any of the capital improvements
14.25for which bond proceeds were appropriated
14.26by Laws 2005, chapter 136, article 1, section
14.279, subdivision 8; or Laws 2007, chapter 54,
14.28article 1, section 10, subdivision 8.
14.30$9,250,000 the first year and $9,650,00 the
14.31second year are to the commissioner of
14.32transportation for costs of maintaining and
15.1operating the first and third phases of the
15.2statewide radio system backbone.
15.4$1,000,000 each year is to the Statewide
15.5Radio Board for costs of design, construction,
15.6and maintenance of, and improvements
15.7to, those elements of the statewide public
15.8safety radio and communication system
15.9that support mutual aid communications
15.10and emergency medical services or provide
15.11interim enhancement of public safety
15.12communication interoperability in those
15.13areas of the state where the statewide public
15.14safety radio and communication system is
15.15not yet implemented.
15.18(a) Excess Amounts Transferred
15.19This appropriation is from the peace officer
15.20training account in the special revenue fund.
15.21Any new receipts credited to that account in
15.22the first year in excess of $3,870,000 must be
15.23transferred and credited to the general fund.
15.24Any new receipts credited to that account in
15.25the second year in excess of $3,870,000 must
15.26be transferred and credited to the general
15.27fund.
15.28(b) Peace Officer Training
15.29Reimbursements
15.30$2,734,000 each year is for reimbursements
15.31to local governments for peace officer
15.32training costs.
16.1(c) Training; Sexually Exploited and
16.2Trafficked Youth
16.3Of the appropriation in paragraph (b),
16.4$100,000 the first year is for reimbursements
16.5to local governments for peace officer
16.6training costs on sexually exploited and
16.7trafficked youth, including effectively
16.8identifying sex trafficked victims and
16.9traffickers, investigation techniques, and
16.10assisting sexually exploited youth.
16.11Reimbursement shall be provided on a flat
16.12fee basis of $100 per diem per officer.
16.15Increased Compliance
16.16$129,000 each year is for two additional
16.17contract compliance officers.
16.20The amounts that may be spent for each
16.21purpose are specified in the following
16.22subdivisions.
16.24(a) Program Base
16.25The general fund base for correctional
16.26institutions shall be $352,372,000 in fiscal
16.27year 2016 and $354,982,000 in fiscal year
16.282017.
16.29(b) Medical Release Planners
17.1$68,000 the first year and $136,000 the
17.2second year are for two medical release
17.3planners.
17.4(c) MINNCOR
17.5Notwithstanding Minnesota Statutes, section
17.6241.27, the commissioner of management
17.7and budget shall transfer $1,300,000 each
17.8year from the Minnesota correctional
17.9industries revolving fund to the general fund.
17.10This is a onetime transfer.
17.11(d) Treatment Beds
17.12$1,500,000 each year is to fund additional
17.13sex offender and chemical dependency
17.14treatment beds and shall not be used for any
17.15other purpose. The commissioner shall report
17.16to the legislature on how this appropriation
17.17was spent.
17.19(a) Probation Supervision, CCA System
17.20$1,025,000 the first year and $1,025,000 the
17.21second year are added to the Community
17.22Corrections Act subsidy, as described in
17.23Minnesota Statutes, section 401.14.
17.24(b) Probation Supervision, CPO System
17.25$200,000 each year is for county probation
17.26officers reimbursement, as described
17.27in Minnesota Statutes, section 244.19,
17.28subdivision 6.
17.32 Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
18.1 Subd. 2. Use. (a) The commissioner may also use these systems and records to
18.2obtain and provide criminal history data from the Bureau of Criminal Apprehension,
18.3criminal history data held by the commissioner, and data about substantiated maltreatment
18.4under section626.556 or
626.557 , for other purposes, provided that:
18.5(1) the background study is specifically authorized in statute; or
18.6(2) the request is made with the informed consent of the subject of the study as
18.7provided in section13.05, subdivision 4 .
18.8(b) An individual making a request under paragraph (a), clause (2), must agree in
18.9writing not to disclose the data to any other individual without the consent of the subject
18.10of the data.
18.11(c) The commissioner may recover the cost of obtaining and providing background
18.12study data by charging the individual or entity requesting the study a fee of no more
18.13than $20 per study. The fees collected under this paragraph are appropriated to the
18.14commissioner for the purpose of conducting background studies.
18.15(d) The commissioner shall recover the cost of obtaining background study data
18.16required under section 524.5-118 through a fee of $50 per study for an individual who
18.17has not lived outside Minnesota for the past ten years, and a fee of $100 for an individual
18.18who has resided outside of Minnesota for any period during the ten years preceding the
18.19background study. The commissioner shall recover, from the individual, any additional
18.20fees charged by other states' licensing agencies that are associated with these data requests.
18.21Fees under subdivision 3 also apply when criminal history data from the National Criminal
18.22Records Repository is required.
18.23 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
18.24 Subdivision 1. When required; exception. (a) The court shall require a background
18.25study under this section:
18.26(1) before the appointment of a guardian or conservator, unless a background study
18.27has been done on the person under this section within the previousfive two years; and
18.28(2) once everyfive two years after the appointment, if the person continues to serve
18.29as a guardian or conservator.
18.30(b) The background study must include:
18.31(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
18.32history data held by the commissioner of human services, and data regarding whether the
18.33person has been a perpetrator of substantiated maltreatment of a vulnerable adultand a
18.34 or minor.;
19.1(c) The court shall request a search of the (2) criminal history data from the National
19.2Criminal Records Repository if the proposed guardian or conservator has not resided in
19.3Minnesota for the previousfive ten years or if the Bureau of Criminal Apprehension
19.4information received from the commissioner of human services under subdivision 2,
19.5paragraph (b), indicates that the subject is a multistate offender or that the individual's
19.6multistate offender status is undetermined.; and
19.7(3) state licensing agency data if a search of the database or databases of the agencies
19.8listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
19.9professional license directly related to the responsibilities of a professional fiduciary from
19.10an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.
19.11(d) (c) If the guardian or conservator is not an individual, the background study must
19.12be done on all individuals currently employed by the proposed guardian or conservator
19.13who will be responsible for exercising powers and duties under the guardianship or
19.14conservatorship.
19.15(e) (d) If the court determines that it would be in the best interests of the ward or
19.16protected person to appoint a guardian or conservator before the background study can
19.17be completed, the court may make the appointment pending the results of the study,
19.18however, the background study must then be completed as soon as reasonably possible
19.19after appointment, no later than 30 days after appointment.
19.20(f) (e) The fee for conducting a background study for appointment of a professional
19.21guardian or conservator must be paid by the guardian or conservator. In other cases,
19.22the fee must be paid as follows:
19.23(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
19.24of section524.5-502, paragraph (a) ;
19.25(2) if there is an estate of the ward or protected person, the fee must be paid from
19.26the estate; or
19.27(3) in the case of a guardianship or conservatorship of the person that is not
19.28proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
19.29conservator or by the court.
19.30(g) (f) The requirements of this subdivision do not apply if the guardian or
19.31conservator is:
19.32(1) a state agency or county;
19.33(2) a parent or guardian of a proposed ward or protected person who has a
19.34developmental disability, if the parent or guardian has raised the proposed ward or
19.35protected person in the family home until the time the petition is filed, unless counsel
19.36appointed for the proposed ward or protected person under section524.5-205, paragraph
20.1(d) ;
524.5-304, paragraph (b) ;
524.5-405, paragraph (a) ; or
524.5-406, paragraph (b) ,
20.2recommends a background study; or
20.3(3) a bank with trust powers, bank and trust company, or trust company, organized
20.4under the laws of any state or of the United States and which is regulated by the
20.5commissioner of commerce or a federal regulator.
20.6 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
20.7subdivision to read:
20.8 Subd. 2a. Procedure; state licensing agency data. (a) The court shall request the
20.9commissioner of human services to provide the court within 25 working days of receipt of
20.10the request with licensing agency data for licenses directly related to the responsibilities of
20.11a professional fiduciary from the following agencies in Minnesota:
20.12(1) Lawyers Responsibility Board;
20.13(2) State Board of Accountancy;
20.14(3) Board of Social Work;
20.15(4) Board of Psychology;
20.16(5) Board of Nursing;
20.17(6) Board of Medical Practice;
20.18(7) Department of Education;
20.19(8) Department of Commerce;
20.20(9) Board of Chiropractic Examiners;
20.21(10) Board of Dentistry;
20.22(11) Board of Marriage and Family Therapy;
20.23(12) Department of Human Services; and
20.24(13) Peace Officer Standards and Training (POST) Board.
20.25(b) The commissioner shall enter into agreements with these agencies to provide for
20.26electronic access to the relevant licensing data by the commissioner.
20.27(c) The commissioner shall provide to the court the electronically available data
20.28maintained in the agency's database, including whether the proposed guardian or
20.29conservator is or has been licensed by the agency, and if the licensing agency database
20.30indicates a disciplinary action or a sanction against the individual's license, including a
20.31condition, suspension, revocation, or cancellation.
20.32(d) If the proposed guardian or conservator has resided in a state other than
20.33Minnesota in the previous ten years, licensing agency data under this section shall also
20.34include the licensing agency data from any other state where the proposed guardian or
20.35conservator reported to have resided during the previous ten years. If the proposed
21.1guardian or conservator has or has had a professional license in another state that is
21.2directly related to the responsibilities of a professional fiduciary from one of the agencies
21.3listed under paragraph (a), state licensing agency data shall also include data from the
21.4relevant licensing agency of that state.
21.5(e) The commissioner is not required to repeat a search for Minnesota or out-of-state
21.6licensing data on an individual if the commissioner has provided this information to the
21.7court within the prior two years.
21.8(f) If an individual has continuously resided in Minnesota since a previous
21.9background study under this section was completed, the commissioner is not required to
21.10repeat a search for records in another state.
21.11 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
21.12524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
21.13(a) An individual or a person interested in the individual's welfare may petition for
21.14a determination of incapacity, in whole or in part, and for the appointment of a limited
21.15or unlimited guardian for the individual.
21.16(b) The petition must set forth the petitioner's name, residence, current address if
21.17different, relationship to the respondent, and interest in the appointment and, to the extent
21.18known, state or contain the following with respect to the respondent and the relief requested:
21.19(1) the respondent's name, age, principal residence, current street address, and, if
21.20different, the address of the dwelling in which it is proposed that the respondent will
21.21reside if the appointment is made;
21.22(2) the name and address of the respondent's:
21.23(i) spouse, or if the respondent has none, an adult with whom the respondent has
21.24resided for more than six months before the filing of the petition; and
21.25(ii) adult children or, if the respondent has none, the respondent's parents and adult
21.26brothers and sisters, or if the respondent has none, at least one of the adults nearest in
21.27kinship to the respondent who can be found;
21.28(3) the name of the administrative head and address of the institution where the
21.29respondent is a patient, resident, or client of any hospital, nursing home, home care
21.30agency, or other institution;
21.31(4) the name and address of any legal representative for the respondent;
21.32(5) the name, address, and telephone number of any person nominated as guardian
21.33by the respondent in any manner permitted by law, including a health care agent nominated
21.34in a health care directive;
22.1(6) the name, address, and telephone number of any proposed guardian and the
22.2reason why the proposed guardian should be selected;
22.3(7) the name and address of any health care agent or proxy appointed pursuant to
22.4a health care directive as defined in section145C.01 , a living will under chapter 145B,
22.5or other similar document executed in another state and enforceable under the laws of
22.6this state;
22.7(8) the reason why guardianship is necessary, including a brief description of the
22.8nature and extent of the respondent's alleged incapacity;
22.9(9) if an unlimited guardianship is requested, the reason why limited guardianship
22.10is inappropriate and, if a limited guardianship is requested, the powers to be granted to
22.11the limited guardian; and
22.12(10) a general statement of the respondent's property with an estimate of its value,
22.13including any insurance or pension, and the source and amount of any other anticipated
22.14income or receipts.
22.15(c) The petition must also set forth the following information regarding the proposed
22.16guardian or any employee of the guardian responsible for exercising powers and duties
22.17under the guardianship:
22.18(1) whether the proposed guardian has ever been removed for cause from serving as
22.19a guardian or conservator and, if so, the case number and court location;and
22.20(2) if the proposed guardian is a professional guardian or conservator, a summary of
22.21the proposed guardian's educational background and relevant work and other experience.;
22.22(3) whether the proposed guardian has ever applied for or held, at any time, any
22.23professional license from an agency listed under section 524.5-118, subdivision 2a, and if
22.24so, the name of the licensing agency, and as applicable, the license number and status;
22.25whether the license is active or has been denied, conditioned, suspended, revoked, or
22.26canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
22.27of the license;
22.28(4) whether the proposed guardian has ever been found civilly liable in an action
22.29that involved fraud, misrepresentation, material omission, misappropriation, theft, or
22.30conversion, and if so, the case number and court location;
22.31(5) whether the proposed guardian has ever filed for or received protection under the
22.32bankruptcy laws, and if so, the case number and court location;
22.33(6) whether the proposed guardian has any outstanding civil monetary judgments
22.34against the proposed guardian, and if so, the case number, court location, and outstanding
22.35amount owed;
23.1(7) whether an order for protection or harassment restraining order has ever been
23.2issued against the proposed guardian, and if so, the case number and court location; and
23.3(8) whether the proposed guardian has ever been convicted of a crime other than a
23.4petty misdemeanor or traffic offense, and if so, the case number and the crime of which
23.5the guardian was convicted.
23.6 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
23.7524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
23.8ORDERS.
23.9(a) A guardian shall report to the court in writing on the condition of the ward at least
23.10annually and whenever ordered by the court. A copy of the report must be provided to the
23.11ward and to interested persons of record with the court. A report must state or contain:
23.12(1) the current mental, physical, and social condition of the ward;
23.13(2) the living arrangements for all addresses of the ward during the reporting period;
23.14(3) any restrictions placed on the ward's right to communication and visitation with
23.15persons of the ward's choice and the factual bases for those restrictions;
23.16(4) the medical, educational, vocational, and other services provided to the ward and
23.17the guardian's opinion as to the adequacy of the ward's care;
23.18(5) a recommendation as to the need for continued guardianship and any
23.19recommended changes in the scope of the guardianship;
23.20(6) an address and telephone number where the guardian can be contacted; and
23.21(7) whether the guardian has ever been removed for cause from serving as a guardian
23.22or conservator and, if so, the case number and court location;
23.23(8) any changes occurring that would affect the accuracy of information contained
23.24in the most recent criminal background study of the guardian conducted under section
23.25524.5-118; and
23.26(9) (7) if applicable, the amount of reimbursement for services rendered to the ward
23.27that the guardian received during the previous year that were not reimbursed by county
23.28contract.
23.29(b) A guardian shall report to the court in writing within 30 days of the occurrence of
23.30any of the events listed in this paragraph. The guardian must report any of the occurrences
23.31in this paragraph and follow the same reporting requirements in this paragraph for
23.32any employee of the guardian responsible for exercising powers and duties under the
23.33guardianship. A copy of the report must be provided to the ward and to interested persons
23.34of record with the court. A guardian shall report when:
24.1(1) the guardian is removed for cause from serving as a guardian or conservator, and
24.2if so, the case number and court location;
24.3(2) the guardian has a professional license from an agency listed under section
24.4524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
24.5if so, the licensing agency and license number, and the basis for denial, condition,
24.6suspension, revocation, or cancellation of the license;
24.7(3) the guardian is found civilly liable in an action that involves fraud,
24.8misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
24.9case number and court location;
24.10(4) the guardian files for or receives protection under the bankruptcy laws, and
24.11if so, the case number and court location;
24.12(5) a civil monetary judgment is entered against the guardian, and if so, the case
24.13number, court location, and outstanding amount owed;
24.14(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
24.15offense, and if so, the case number and court location; or
24.16(7) an order for protection or harassment restraining order is issued against the
24.17guardian, and if so, the case number and court location.
24.18(b) (c) A ward or interested person of record with the court may submit to the court a
24.19written statement disputing statements or conclusions regarding the condition of the ward
24.20or addressing any disciplinary or legal action thatare is contained in the report guardian's
24.21reports and may petition the court for an order that is in the best interests of the ward or
24.22for other appropriate relief.
24.23(c) (d) An interested person may notify the court in writing that the interested person
24.24does not wish to receive copies of reports required under this section.
24.25(d) (e) The court may appoint a visitor to review a report, interview the ward or
24.26guardian, and make any other investigation the court directs.
24.27(e) (f) The court shall establish a system for monitoring guardianships, including the
24.28filing and review of annual reports. If an annual report is not filed within 60 days of the
24.29required date, the court shall issue an order to show cause.
24.30(g) If a guardian fails to comply with this section, the court may decline to appoint that
24.31person as a guardian or conservator, or may remove a person as guardian or conservator.
24.32 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
24.33524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
24.34ORDER.
25.1(a) The following may petition for the appointment of a conservator or for any
25.2other appropriate protective order:
25.3(1) the person to be protected;
25.4(2) an individual interested in the estate, affairs, or welfare of the person to be
25.5protected; or
25.6(3) a person who would be adversely affected by lack of effective management of
25.7the property and business affairs of the person to be protected.
25.8(b) The petition must set forth the petitioner's name, residence, current address
25.9if different, relationship to the respondent, and interest in the appointment or other
25.10protective order, and, to the extent known, state or contain the following with respect to
25.11the respondent and the relief requested:
25.12(1) the respondent's name, age, principal residence, current street address, and, if
25.13different, the address of the dwelling where it is proposed that the respondent will reside if
25.14the appointment is made;
25.15(2) if the petition alleges impairment in the respondent's ability to receive and
25.16evaluate information, a brief description of the nature and extent of the respondent's
25.17alleged impairment;
25.18(3) if the petition alleges that the respondent is missing, detained, or unable to
25.19return to the United States, a statement of the relevant circumstances, including the time
25.20and nature of the disappearance or detention and a description of any search or inquiry
25.21concerning the respondent's whereabouts;
25.22(4) the name and address of the respondent's:
25.23(i) spouse, or if the respondent has none, an adult with whom the respondent has
25.24resided for more than six months before the filing of the petition; and
25.25(ii) adult children or, if the respondent has none, the respondent's parents and adult
25.26brothers and sisters or, if the respondent has none, at least one of the adults nearest in
25.27kinship to the respondent who can be found;
25.28(5) the name of the administrative head and address of the institution where the
25.29respondent is a patient, resident, or client of any hospital, nursing home, home care
25.30agency, or other institution;
25.31(6) the name and address of any legal representative for the respondent;
25.32(7) the name and address of any health care agent or proxy appointed pursuant to
25.33a health care directive as defined in section145C.01 , a living will under chapter 145B,
25.34or other similar document executed in another state and enforceable under the laws of
25.35this state;
26.1(8) a general statement of the respondent's property with an estimate of its value,
26.2including any insurance or pension, and the source and amount of other anticipated
26.3income or receipts; and
26.4(9) the reason why a conservatorship or other protective order is in the best interest
26.5of the respondent.
26.6(c) If a conservatorship is requested, the petition must also set forth to the extent
26.7known:
26.8(1) the name, address, and telephone number of any proposed conservator and the
26.9reason why the proposed conservator should be selected;
26.10(2) the name, address, and telephone number of any person nominated as conservator
26.11by the respondent if the respondent has attained 14 years of age; and
26.12(3) the type of conservatorship requested and, if an unlimited conservatorship,
26.13the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
26.14the property to be placed under the conservator's control and any limitation on the
26.15conservator's powers and duties.
26.16(d) The petition must also set forth the following information regarding the proposed
26.17conservator or any employee of the conservator responsible for exercising powers and
26.18duties under the conservatorship:
26.19(1) whether the proposed conservator has ever been removed for cause from serving
26.20as a guardian or conservator and, if so, the case number and court location;and
26.21(2) if the proposed conservator is a professional guardian or conservator, a summary
26.22of the proposed conservator's educational background and relevant work and other
26.23experience.;
26.24(3) whether the proposed conservator has ever applied for or held, at any time, any
26.25professional license from an agency listed under section 524.5-118, subdivision 2a, and if
26.26so, the name of the licensing agency, and as applicable, the license number and status;
26.27whether the license is active or has been denied, conditioned, suspended, revoked, or
26.28canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
26.29of the license;
26.30(4) whether the proposed conservator has ever been found civilly liable in an action
26.31that involved fraud, misrepresentation, material omission, misappropriation, theft, or
26.32conversion, and if so, the case number and court location;
26.33(5) whether the proposed conservator has ever filed for or received protection under
26.34the bankruptcy laws, and if so, the case number and court location;
27.1(6) whether the proposed conservator has any outstanding civil monetary judgments
27.2against the proposed conservator, and if so, the case number, court location, and
27.3outstanding amount owed;
27.4(7) whether an order for protection or harassment restraining order has ever been
27.5issued against the proposed conservator, and if so, the case number and court location; and
27.6(8) whether the proposed conservator has ever been convicted of a crime other than
27.7a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
27.8the conservator was convicted.
27.9 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
27.10524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
27.11COURT ORDERS.
27.12(a) A conservator shall report to the court for administration of the estate annually
27.13unless the court otherwise directs, upon resignation or removal, upon termination of the
27.14conservatorship, and at other times as the court directs. An order, after notice and hearing,
27.15allowing an intermediate report of a conservator adjudicates liabilities concerning the
27.16matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
27.17a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
27.18(b) A report must state or contain a listing of the assets of the estate under the
27.19conservator's control and a listing of the receipts, disbursements, and distributions during
27.20the reporting period.
27.21(c) The report must also state:
27.22(1) an address and telephone number where the conservator can be contacted;.
27.23(2) whether the conservator has ever been removed for cause from serving as a
27.24guardian or conservator and, if so, the case number and court locations; and
27.25(3) any changes occurring that would affect the accuracy of information contained in
27.26the most recent criminal background study of the conservator conducted under section
27.27524.5-118.
27.28(d) A conservator shall report to the court in writing within 30 days of the occurrence
27.29of any of the events listed in this paragraph. The conservator must report any of the
27.30occurrences in this paragraph and follow the same reporting requirements in this paragraph
27.31for any employee of the conservator responsible for exercising powers and duties under
27.32the conservatorship. A copy of the report must be provided to the protected person and to
27.33interested persons of record with the court. A conservator shall report when:
27.34(1) the conservator is removed for cause from serving as a guardian or conservator,
27.35and if so, the case number and court location;
28.1(2) the conservator has a professional license from an agency listed under section
28.2524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
28.3if so, the licensing agency and license number, and the basis for denial, condition,
28.4suspension, revocation, or cancellation of the license;
28.5(3) the conservator is found civilly liable in an action that involves fraud,
28.6misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
28.7case number and court location;
28.8(4) the conservator files for or receives protection under the bankruptcy laws, and
28.9if so, the case number and court location;
28.10(5) a civil monetary judgment is entered against the conservator, and if so, the case
28.11number, court location, and outstanding amount owed;
28.12(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
28.13offense, and if so, the case number and court location; or
28.14(7) an order for protection or harassment restraining order is issued against the
28.15conservator, and if so, the case number and court location.
28.16(d) (e) A protected person or an interested person of record with the court may
28.17submit to the court a written statement disputing account statements regarding the
28.18administration of the estate or addressing any disciplinary or legal action thatare is
28.19 contained in thereport reports and may petition the court for any order that is in the best
28.20interests of the protected person and the estate or for other appropriate relief.
28.21(e) (f) An interested person may notify the court in writing that the interested person
28.22does not wish to receive copies of reports required under this section.
28.23(f) (g) The court may appoint a visitor to review a report or plan, interview the
28.24protected person or conservator, and make any other investigation the court directs. In
28.25connection with a report, the court may order a conservator to submit the assets of the
28.26estate to an appropriate examination to be made in a manner the court directs.
28.27(g) (h) The court shall establish a system for monitoring of conservatorships,
28.28including the filing and review of conservators' reports and plans. If an annual report is
28.29not filed within 60 days of the required date, the court shall issue an order to show cause.
28.30(i) If a conservator fails to comply with this section, the court may decline to appoint
28.31that person as a guardian or conservator, or may remove a person as guardian or conservator.
28.34 Section 1. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:
29.1 Subdivision 1. Contracting with other states and federal government. The
29.2commissioner of corrections is hereby authorized to contract with agencies and bureaus of
29.3the United States and with the proper officials of other states or a county of this state for
29.4the custody, care, subsistence, education, treatment and training of persons convicted of
29.5criminal offenses constituting felonies in the courts of this state, the United States, or other
29.6states of the United States.Such The contracts shall provide for reimbursing the state of
29.7Minnesota for all costs or other expenses involved, and, to the extent possible, require
29.8payment to the Department of Corrections of a per diem amount that is substantially equal
29.9to or greater than the per diem for the cost of housing Minnesota inmates at the same
29.10facility. This per diem cost shall be based on the assumption that the facility is at or
29.11near capacity. Funds received under the contracts shall be deposited in the state treasury
29.12and are appropriated to the commissioner of corrections for correctional purposes. Any
29.13prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
29.14to the terms and conditions of the prisoner's original sentence as if the prisoner were
29.15serving the same within the confines of the state in which the conviction and sentence was
29.16had or in the custody of the United States. Nothing herein shall deprivesuch the inmate of
29.17the right to parole or the rights to legal process in the courts of this state.
29.18 Sec. 2. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:
29.19 Subd. 3. Temporary detention. The commissioner of corrections is authorized to
29.20contract with agencies and bureaus of the United States and with the appropriate officials
29.21of any other state or county of this state for the temporary detention of any person in
29.22custody pursuant to any process issued under the authority of the United States, other
29.23states of the United States, or the district courts of this state. The contract shall provide for
29.24reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
29.25extent possible, require payment to the Department of Corrections of a per diem amount
29.26that is substantially equal to or greater than the per diem for the cost of housing Minnesota
29.27inmates at the same facility. This per diem cost shall be based on the assumption that the
29.28facility is at or near capacity. Funds received under the contracts shall be deposited in the
29.29state treasury and are appropriated to the commissioner of corrections for correctional
29.30purposes.
29.31 Sec. 3. [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
29.32CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
30.1 Subdivision 1. Conditional release authority. The commissioner of corrections has
30.2the authority to release offenders committed to the commissioner's custody who meet the
30.3requirements of this section and of any rules adopted by the commissioner.
30.4 Subd. 2. Conditional release of certain nonviolent controlled substance
30.5offenders. An offender who has been committed to the commissioner's custody may
30.6petition the commissioner for conditional release from prison before the offender's
30.7scheduled supervised release date or target release date if:
30.8(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
30.92a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024, subdivision 2; or 152.025,
30.10subdivision 2;
30.11(2) the offender committed the crime as a result of a controlled substance addiction;
30.12(3) the offender has served at least 36 months or one-half of the offender's term of
30.13imprisonment, whichever is less;
30.14(4) the offender successfully completed a chemical dependency treatment program
30.15of the type described in this section while in prison;
30.16(5) the offender has not previously been conditionally released under this section; and
30.17(6) the offender has not within the past ten years been convicted or adjudicated
30.18delinquent for a violent crime as defined in section 609.1095 other than the current
30.19conviction for the controlled substance offense.
30.20 Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
30.21all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
30.22(6), the opportunity to begin a suitable chemical dependency treatment program of the
30.23type described in this section within 160 days after the offender's term of imprisonment
30.24begins or as soon after 160 days as possible.
30.25 Subd. 4. Chemical dependency treatment program components. (a) The
30.26chemical dependency treatment program described in subdivisions 2 and 3 must:
30.27(1) contain a highly structured daily schedule for the offender;
30.28(2) contain individualized educational programs designed to improve the basic
30.29educational skills of the offender and to provide vocational training, if appropriate;
30.30(3) contain programs designed to promote the offender's self-worth and the offender's
30.31acceptance of responsibility for the consequences of the offender's own decisions;
30.32(4) be licensed by the Department of Human Services and designed to serve the
30.33inmate population; and
30.34(5) require that each offender submit to a chemical use assessment and that the
30.35offender receive the appropriate level of treatment as indicated by the assessment.
31.1(b) The commissioner shall expel from the chemical dependency treatment program
31.2any offender who:
31.3(1) commits a material violation of or repeatedly fails to follow the rules of the
31.4program;
31.5(2) commits any criminal offense while in the program; or
31.6(3) presents any risk to other inmates based on the offender's behavior or attitude.
31.7 Subd. 5. Additional requirements. To be eligible for release under this section,
31.8an offender shall sign a written contract with the commissioner agreeing to comply with
31.9the requirements of this section and the conditions imposed by the commissioner. In
31.10addition to other items, the contract must specifically refer to the term of imprisonment
31.11extension in subdivision 6. In addition, the offender shall agree to submit to random drug
31.12and alcohol tests and electronic or home monitoring as determined by the commissioner or
31.13the offender's supervising agent. The commissioner may impose additional requirements
31.14on the offender that are necessary to carry out the goals of this section.
31.15 Subd. 6. Extension of term of imprisonment for offenders who fail in treatment.
31.16When an offender fails to successfully complete the chemical dependency treatment
31.17program under this section, the commissioner shall add the time that the offender was
31.18participating in the program to the offender's term of imprisonment. However, the
31.19offender's term of imprisonment may not be extended beyond the offender's executed
31.20sentence.
31.21 Subd. 7. Release procedures. The commissioner may deny conditional release to
31.22an offender under this section if the commissioner determines that the offender's release
31.23may reasonably pose a danger to the public or an individual. In making this determination,
31.24the commissioner shall follow the procedures in section 244.05, subdivision 5, and the
31.25rules adopted by the commissioner under that subdivision. The commissioner shall
31.26consider whether the offender was involved in criminal gang activity during the offender's
31.27prison term. The commissioner shall also consider the offender's custody classification
31.28and level of risk of violence and the availability of appropriate community supervision for
31.29the offender. Conditional release granted under this section continues until the offender's
31.30sentence expires, unless release is rescinded under subdivision 8. The commissioner
31.31may not grant conditional release unless a release plan is in place for the offender that
31.32addresses, at a minimum, plans for aftercare, community-based chemical dependency
31.33treatment, gaining employment, and securing housing.
31.34 Subd. 8. Conditional release. The conditions of release granted under this
31.35section are governed by the statutes and rules governing supervised release under this
31.36chapter, except that release may be rescinded without hearing by the commissioner if the
32.1commissioner determines that continuation of the conditional release poses a danger to
32.2the public or to an individual. If the commissioner rescinds an offender's conditional
32.3release, the offender shall be returned to prison and shall serve the remaining portion of
32.4the offender's sentence.
32.5 Subd. 9. Offenders serving other sentences. An offender who is serving
32.6both a sentence for an offense described in subdivision 2 and an offense not described
32.7in subdivision 2 is not eligible for release under this section unless the offender has
32.8completed the offender's full term of imprisonment for the other offense.
32.9 Subd. 10. Notice. Upon receiving an offender's petition for release under
32.10subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
32.11offender's conviction and the sentencing court. The commissioner shall give the authority
32.12and court a reasonable opportunity to comment on the offender's potential release. If
32.13the authority or court elects to comment, the comments must specify the reasons for
32.14the authority or court's position.
32.15EFFECTIVE DATE.This section is effective July 1, 2013, and applies to persons
32.16in prison on or after that date.
32.17 Sec. 4. Minnesota Statutes 2012, section 299A.705, is amended by adding a
32.18subdivision to read:
32.19 Subd. 4. Prohibited expenditures. The commissioner is prohibited from expending
32.20money from driver and vehicle services accounts created in the special revenue fund for
32.21any purpose that is not specifically authorized in this section or in the chapters specified
32.22in this section.
32.23 Sec. 5. Minnesota Statutes 2012, section 299A.73, subdivision 3, is amended to read:
32.24 Subd. 3. Grant allocation formula. Up toone five percent of the appropriations
32.25to the grants-in-aid to the youth intervention program may be used for a grant to
32.26the Minnesota Youth Intervention Programs Association for expenses in providing
32.27collaborative collaboration, program development, professional development training
32.28and, technical assistance to, tracking, and analyzing and reporting outcome data for the
32.29 community-based grantees of the program. The Minnesota Youth Intervention Programs
32.30Association is not required to meet the match obligation under subdivision 2.
32.31 Sec. 6. Minnesota Statutes 2012, section 357.021, is amended by adding a subdivision
32.32to read:
33.1 Subd. 2b. Court technology fund. (a) In addition to any other filing fee under this
33.2chapter, the court administrator shall collect a $2 technology fee on filings made under
33.3subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
33.4to the commissioner of management and budget for deposit in the court technology
33.5account in the special revenue fund.
33.6(b) A court technology account is established as a special account in the state
33.7treasury and funds deposited in the account are appropriated to the Supreme Court for
33.8distribution of technology funds as provided in paragraph (d). Technology funds may
33.9be used for the following purposes: acquisition, development, support, maintenance,
33.10and upgrades to computer systems, equipment and devices, network systems, electronic
33.11records, filings and payment systems, interactive video teleconferencing, and online
33.12services, to be used by the state courts and their justice partners.
33.13(c) The Judicial Council may establish a board consisting of members from the
33.14judicial branch, prosecutors, public defenders, corrections, and civil legal services to
33.15distribute funds collected under paragraph (a). The Judicial Council may adopt policies
33.16and procedures for the operation of the board, including but not limited to policies
33.17and procedures governing membership terms, removal of members, and the filling of
33.18membership vacancies.
33.19(d) Applications for the expenditure of technology funds shall be accepted from the
33.20judicial branch, county and city attorney offices, the Board of Public Defense, qualified
33.21legal services programs as defined under section 480.24, corrections agencies, and
33.22part-time public defender offices. The applications shall be reviewed by the Judicial
33.23Council and, if established, the board. In accordance with any recommendations from
33.24the board, the Judicial Council shall distribute the funds available for this expenditure to
33.25selected recipients.
33.26(e) By January 15, 2015, and by January 15, 2017, the Judicial Council shall submit
33.27a report to the chairs and ranking minority members of the house of representatives and
33.28senate committees with jurisdiction over judiciary finance providing an accounting on
33.29the amounts collected and expended in the previous biennium, including a list of fund
33.30recipients, the amounts awarded to each recipient, and the technology purpose funded.
33.31(f) This subdivision expires June 30, 2018.
33.32EFFECTIVE DATE.This section is effective July 1, 2013, and applies to filings
33.33made on or after that date.
33.34 Sec. 7. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
34.1 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
34.2excess of $100,000, no department or agency of the state shall accept any bid or proposal
34.3for a contract or agreement from any business having more than 40 full-time employees
34.4within this state on a single working day during the previous 12 months, unless the
34.5commissioner is in receipt of the business' affirmative action plan for the employment of
34.6minority persons, women, and qualified disabled individuals. No department or agency of
34.7the state shall execute any such contract or agreement until the affirmative action plan
34.8has been approved by the commissioner. Receipt of a certificate of compliance issued by
34.9the commissioner shall signify that a firm or business has an affirmative action plan that
34.10has been approved by the commissioner. A certificate shall be valid for a period oftwo
34.11 four years. A municipality as defined in section466.01, subdivision 1 , that receives state
34.12money for any reason is encouraged to prepare and implement an affirmative action plan
34.13for the employment of minority persons, women, and the qualified disabled and submit the
34.14plan to the commissioner.
34.15 (b) This paragraph applies to a contract for goods or services in excess of $100,000
34.16to be entered into between a department or agency of the state and a business that is
34.17not subject to paragraph (a), but that has more than 40 full-time employees on a single
34.18working day during the previous 12 months in the state where the business has its primary
34.19place of business. A department or agency of the state may not execute a contract or
34.20agreement with a business covered by this paragraph unless the business has a certificate
34.21of compliance issued by the commissioner under paragraph (a) or the business certifies
34.22that it is in compliance with federal affirmative action requirements.
34.23 (c) This section does not apply to contracts entered into by the State Board of
34.24Investment for investment options under section352.965, subdivision 4 .
34.25 Sec. 8. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:
34.26 Subd. 2. Filing fee; account; appropriation. The commissioner shall collect
34.27a$75 $150 fee for each certificate of compliance issued by the commissioner or the
34.28commissioner's designated agent. The proceeds of the fee must be deposited in a
34.29human rights fee special revenue account. Money in the account is appropriated to the
34.30commissioner to fund the cost of issuing certificates and investigating grievances.
34.31 Sec. 9. Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
34.32 Subd. 7. Compensation; travel expenses. (a) The salary of a judge of the Court of
34.33Appeals shall be as provided by section15A.082 . Except as provided in paragraph (b),
35.1 travel expenses shall be paid by the state in the same manner and amount as provided for
35.2judges of the district court in section484.54 .
35.3(b) For any judge of the Court of Appeals whose permanent place of residence
35.4is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
35.5travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
35.6expenses during the judge's term of service on the Court of Appeals:
35.7(1) housing expenses in an amount prescribed by judicial council policy, but not
35.8less than $1,000 per month; and
35.9(2) mileage for travel from the judge's permanent place of residence to and from
35.10the judge's permanent chambers charged at the current United States Internal Revenue
35.11Service reimbursement rate.
35.12Reimbursable expenses under this paragraph shall be paid by the state in the same manner
35.13as provided for judges of the district court in section 484.54, subdivision 3.
35.14(c) Paragraph (b) expires June 30, 2019.
35.15EFFECTIVE DATE.This section is effective July 1, 2014.
35.16 Sec. 10. Minnesota Statutes 2012, section 609.3455, is amended by adding a
35.17subdivision to read:
35.18 Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
35.19provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
35.20609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
35.21commit the defendant to the commissioner of corrections for not less than three years, nor
35.22more than the maximum sentence provided by law for the offense for which convicted,
35.23notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
35.24stay the execution of the sentence imposed under this subdivision only if it finds that a
35.25professional assessment indicates the offender is accepted by and can respond to treatment
35.26at a long-term inpatient program exclusively treating sex offenders and approved by the
35.27commissioner of corrections. If the court stays the execution of a sentence, it shall include
35.28the following as conditions of probation:
35.29(1) incarceration in a local jail or workhouse; and
35.30(2) a requirement that the offender successfully complete the treatment program and
35.31aftercare as directed by the court.
35.32EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
35.33committed on or after that date.
36.1 Sec. 11. Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3,
36.2is amended to read:
36.4(a) Legal Services to Low-Income
36.5Clients in Family Law Matters. Of this
36.6appropriation, $877,000 each year is to
36.7improve the access of low-income clients to
36.8legal representation in family law matters.
36.9This appropriation must be distributed
36.10under Minnesota Statutes, section480.242 ,
36.11to the qualified legal services programs
36.12described in Minnesota Statutes, section
36.13480.242, subdivision 2
, paragraph (a). Any
36.14unencumbered balance remaining in the first
36.15year does not cancel and is available in the
36.16second year.
36.17(b) Case Priorities. For legal services
36.18funded by state funds, priority must be
36.19given to clients with civil matters within the
36.20jurisdiction of the state courts or agencies.
36.21 Sec. 12. JUDICIAL SALARY INCREASE.
36.22(a) The salaries of Supreme Court justices, Court of Appeals judges, and district court
36.23judges are increased by three percent on July 1, 2013, and by three percent on July 1, 2014.
36.24(b) In addition to the increases specified in paragraph (a), the salaries of Supreme
36.25Court justices, Court of Appeals judges, and district court judges are increased by one
36.26percent on July 1, 2013, if legislation to increase pension fund contribution rates by judges
36.27by one percent has been enacted into law by July 1, 2013. If the salary increases described
36.28in this paragraph do not take effect, the amount necessary to fund this portion of the salary
36.29increase is canceled to the general fund from the appropriations in article 1, sections 3 to 5.
36.30 Sec. 13. INTERAGENCY AGREEMENT.
36.31The commissioner of corrections shall execute an interagency agreement with the
36.32commissioner of human services to pay the medical assistance cost attributable to medical
36.33assistance eligibility for inmates of public institutions admitted to hospitals on an inpatient
37.1basis. The amount that must be paid by the Department of Corrections shall include all
37.2state medical assistance costs, including administrative costs, attributable to inmates under
37.3state and county jurisdiction admitted to hospitals on an inpatient basis.
37.4 Sec. 14. JUVENILE JUSTICE SYSTEM REPORT.
37.5(a) The following shall appoint representatives to discuss issues specified in
37.6paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI)
37.7and others designated by NAMI: the commissioners of human services, corrections,
37.8and education; a district court judge designated by the Supreme Court; the Minnesota
37.9County Attorneys Association; the state public defender; the Indian Affairs Council;
37.10the Minnesota County Probation Officers Association; and the Minnesota Association
37.11of Community Corrections Act Counties.
37.12(b) The issues to be discussed are:
37.13(1) shared statewide outcome goals for children in the juvenile justice system and
37.14their families, such as academic success, successful transitions to adulthood, and lower
37.15recidivism rates;
37.16(2) the continuum of service necessary to ensure quality care that meets the complex
37.17needs of children in the juvenile justice system and their families;
37.18(3) strategies for early identification of and response to needs related to juvenile
37.19justice outcomes, including in the areas of trauma, mental and physical health, chemical
37.20dependency, traumatic brain injury, developmental disabilities, education, family needs,
37.21housing, employment, and any other areas identified by the work group;
37.22(4) changes needed to ensure coordinated delivery of quality services to
37.23meet the individual needs of each child in the system, particularly in the areas of
37.24information-sharing, service shortages, and cost pressures;
37.25(5) changes needed to ensure coordination between delinquency and CHIPS cases,
37.26schools, the children's mental health system, and any other relevant entities for children
37.27involved in multiple systems;
37.28(6) changes to any rules and statutes that create barriers to achieving the shared
37.29outcomes agreed upon by the work group;
37.30(7) an implementation plan to achieve integrated service delivery across systems and
37.31across the public, private, and nonprofit sectors;
37.32(8) an implementation plan to accomplish the shared outcomes agreed upon by
37.33the work group; and
37.34(9) financing mechanisms that include all possible revenue sources to maximize
37.35federal, state, and local funding and promote cost efficiencies and sustainability.
38.1(c) The National Alliance on Mental Illness shall report to the legislature on
38.2results of discussions under this section by February 15, 2014, after consulting with the
38.3commissioners of human services, corrections, and education.
38.4 Sec. 15. REPEALER.
38.5Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.
38.8 Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
38.9241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
38.10FROM OTHER STATES.
38.11 The commissioner of corrections shall establish procedures so that whenever this
38.12state receives an inmate, parolee, or probationer from another state under sections241.28
38.13to
241.30 or
243.1605 , fingerprints and thumbprints of the inmate, parolee, or probationer
38.14are obtained and forwardedto the Bureau of Criminal Apprehension. by electronic entry
38.15into a Bureau of Criminal Apprehension-managed searchable database within 24 hours
38.16of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic
38.17format for entry into the searchable database within three business days of receipt if the
38.18data is not entered by the commissioner.
38.19 Sec. 2. Minnesota Statutes 2012, section 253B.24, is amended to read:
38.20253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
38.21BACKGROUND CHECK SYSTEM.
38.22When a court:
38.23(1) commits a person under this chapter as being mentally ill, developmentally
38.24disabled, mentally ill and dangerous, or chemically dependent;
38.25(2) determines in a criminal case that a person is incompetent to stand trial or not
38.26guilty by reason of mental illness; or
38.27(3) restores a person's ability to possess a firearm under section609.165, subdivision
38.281d , or
624.713, subdivision 4 ,
38.29the court shall ensure that this information is electronically transmittedas soon as
38.30practicable within three business days to the National Instant Criminal Background
38.31Check System.
38.32 Sec. 3. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
39.1 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
39.2community corrections agencies operating secure juvenile detention facilities shall take
39.3or cause to be taken immediately finger and thumb prints, photographs, distinctive
39.4physical mark identification data, information on any known aliases or street names, and
39.5other identification data requested or required by the superintendent of the bureau, of
39.6the following:
39.7(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
39.8gross misdemeanor, or targeted misdemeanor;
39.9(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
39.10for, or alleged to have committed felonies or gross misdemeanors as distinguished from
39.11those committed by adult offenders;
39.12(3) adults and juveniles admitted to jails or detention facilities;
39.13(4) persons reasonably believed by the arresting officer to be fugitives from justice;
39.14(5) persons in whose possession, when arrested, are found concealed firearms or
39.15other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
39.16machines, or appliances usable for an unlawful purpose and reasonably believed by the
39.17arresting officer to be intended for such purposes;
39.18(6) juveniles referred by a law enforcement agency to a diversion program for a
39.19felony or gross misdemeanor offense; and
39.20(7) persons currently involved in the criminal justice process, on probation, on
39.21parole, or in custody for any offense whom the superintendent of the bureau identifies as
39.22being the subject of a court disposition record which cannot be linked to an arrest record,
39.23and whose fingerprints are necessary to reduce the number of suspense files, or to comply
39.24with the mandates of section299C.111 , relating to the reduction of the number of suspense
39.25files. This duty to obtain fingerprints for the offenses in suspense at the request of the
39.26bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
39.27while making court appearances, while in custody, or while on any form of probation,
39.28diversion, or supervised release.
39.29(b) Unless the superintendent of the bureau requires a shorter period, within 24
39.30hours of taking the fingerprints and data, the fingerprint records and other identification
39.31data specified under paragraph (a) must beforwarded to the bureau on such forms and in
39.32such electronically entered into a bureau-managed searchable database in a manner as
39.33may be prescribed by the superintendent.
39.34(c) Prosecutors, courts, and probation officers and their agents, employees, and
39.35subordinates shall attempt to ensure that the required identification data is taken on a
40.1person described in paragraph (a). Law enforcement may take fingerprints of an individual
40.2who is presently on probation.
40.3(d) Finger and thumb prints must be obtained no later than:
40.4(1) release from booking; or
40.5(2) if not booked prior to acceptance of a plea of guilty or not guilty.
40.6Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
40.7prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
40.8and thumb prints have not been successfully received by the bureau, an individual may,
40.9upon order of the court, be taken into custody for no more than eight hours so that the
40.10taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
40.11this time period may be extended upon a showing that additional time in custody is
40.12essential for the successful taking of prints.
40.13(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
40.14of section169A.20 (driving while impaired),
518B.01 (order for protection violation),
40.15609.224
(fifth-degree assault),
609.2242 (domestic assault),
609.746 (interference with
40.16privacy),609.748 (harassment or restraining order violation),
617.23 (indecent exposure),
40.17or629.75 (domestic abuse no contact order).
40.18 Sec. 4. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
40.19 Subd. 3. Bureau duty. The bureau mustenter convert into an electronic format for
40.20entry in the criminal records systemfinger and thumb prints fingerprints, thumbprints,
40.21and other identification data withinfive working days three business days after they are
40.22received under this section if the fingerprints, thumbprints, and other identification data
40.23were not electronically entered by a criminal justice agency.
40.24 Sec. 5. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
40.25 Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
40.26police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
40.27such finger and thumb prints, photographs, distinctive physical mark identification data,
40.28information on known aliases and street names, and other identification data as may be
40.29requested or required by the superintendent of the bureau, which must be taken under the
40.30provisions of section299C.10 . In addition, sheriffs and chiefs of police shall furnish this
40.31identification data to the bureau for individuals found to have been convicted of a felony,
40.32gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
40.33their arrest. When the bureau learns that an individual who is the subject of a background
40.34check has used, or is using, identifying information, including, but not limited to, name
41.1and date of birth, other than those listed on the criminal history, the bureaumay add shall
41.2convert into an electronic format, if necessary, and enter into a bureau-managed searchable
41.3database the new identifying informationto the criminal history when supported by
41.4fingerprints within three business days of learning the information if the information is
41.5not entered by a law enforcement agency.
41.6(b) No petition under chapter 609A is required if the person has not been convicted
41.7of any felony or gross misdemeanor, either within or without the state, within the period
41.8of ten years immediately preceding the determination of all pending criminal actions or
41.9proceedings in favor of the arrested person, and either of the following occurred:
41.10(1) all charges were dismissed prior to a determination of probable cause; or
41.11(2) the prosecuting authority declined to file any charges and a grand jury did not
41.12return an indictment.
41.13Where these conditions are met, the bureau or agency shall, upon demand, return to
41.14the arrested person finger and thumb prints, photographs, distinctive physical mark
41.15identification data, information on known aliases and street names, and other identification
41.16data, and all copies and duplicates of them.
41.17(c) Except as otherwise provided in paragraph (b), upon the determination of all
41.18pending criminal actions or proceedings in favor of the arrested person, and the granting
41.19of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
41.20thumb prints, photographs, distinctive physical mark identification data, information on
41.21known aliases and street names, and other identification data, and all copies and duplicates
41.22of them if the arrested person has not been convicted of any felony or gross misdemeanor,
41.23either within or without the state, within the period of ten years immediately preceding
41.24such determination.
41.25 Sec. 6. Minnesota Statutes 2012, section 299C.14, is amended to read:
41.26299C.14 INFORMATION ON RELEASED PRISONER.
41.27It shall be the duty of the officials having charge of the penal institutions of the state
41.28or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
41.29require, finger and thumb prints, photographs, distinctive physical mark identification
41.30data, other identification data, modus operandi reports, and criminal records of prisoners
41.31heretofore, now, or hereafter confined in such penal institutions, together with the period
41.32of their service and the time, terms, and conditions of their discharge. This duty to furnish
41.33information includes, but is not limited to, requests for fingerprints as the superintendent of
41.34the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
41.35history files, to reduce the number of suspense files, or to comply with the mandates
42.1of section299C.111 relating to the reduction of the number of suspense files where a
42.2disposition record is received that cannot be linked to an arrest record. The officials shall
42.3electronically enter the information in a bureau-managed searchable database within 24
42.4hours of a prisoner's date of release or discharge. The bureau shall convert the information
42.5into an electronic format and enter it into the searchable database within three business
42.6days of the date of receipt, if the information is not entered by the officials.
42.7 Sec. 7. Minnesota Statutes 2012, section 299C.17, is amended to read:
42.8299C.17 REPORT BY COURT ADMINISTRATOR.
42.9The superintendent shallhave power to require the court administrator of any
42.10county of every court which sentences a defendant for a felony, gross misdemeanor, or
42.11targeted misdemeanor tofile with the department, at such time as the superintendent may
42.12designate, electronically transmit within 24 hours of the disposition of the case a report,
42.13upon such in a form as prescribed by the superintendent may prescribe, furnishing such
42.14 providing informationas the required by the superintendent may require with regard to
42.15the prosecution and disposition of criminal cases. A copy of the report shall be kept on
42.16file in the office of the court administrator.
42.17 Sec. 8. Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:
42.18 Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
42.19convicted as an extended jurisdiction juvenile for committing, a crime of violence as
42.20defined in section624.712, subdivision 5 , the court shall inform the defendant that the
42.21defendant is prohibited from possessing a pistol or semiautomatic military-style assault
42.22weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
42.23this prohibition. The failure of the court to provide this information to a defendant does
42.24not affect the applicability of the pistol or semiautomatic military-style assault weapon
42.25possession prohibition or the felony penalty to that defendant.
42.26(b) When a person, including a person under the jurisdiction of the juvenile court, is
42.27charged with committing a crime of violence and is placed in a pretrial diversion program
42.28by the court before disposition, the court shall inform the defendant that: (1) the defendant
42.29is prohibited from possessing a pistol or semiautomatic military-style assault weapon
42.30until the person has completed the diversion program and the charge of committing a
42.31crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
42.32prohibition; and (3) if the defendant violates this condition of participation in the diversion
42.33program, the charge of committing a crime of violence may be prosecuted. The failure of
42.34the court to provide this information to a defendant does not affect the applicability of the
43.1pistol or semiautomatic military-style assault weapon possession prohibition or the gross
43.2misdemeanor penalty to that defendant.
43.3(c) A court shall notify a person subject to subdivision 1, clause (3), of the
43.4prohibitions described in that clause and those described in United States Code, title 18,
43.5sections 922(d)(4) and 922(g)(4).
43.6EFFECTIVE DATE.This section is effective August 1, 2013.
43.7 Sec. 9. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
43.8to read:
43.9 Subd. 5. Provision of firearms background check information. (a) When a
43.10court places a person, including a person under the jurisdiction of the juvenile court, who
43.11is charged with committing a crime of violence into a pretrial diversion program before
43.12disposition, the court must ensure that information regarding the person's placement in
43.13that program and the ordered expiration date of that placement is transmitted as soon as
43.14practicable to the National Instant Criminal Background Check System. When a person
43.15successfully completes or discontinues the program, the prosecuting attorney must also
43.16report that fact within 24 hours of receipt to the National Instant Criminal Background
43.17Check System.
43.18(b) The court must report the conviction and duration of the firearms disqualification
43.19imposed as soon as practicable to the National Instant Criminal Background Check
43.20System when a person is convicted of a gross misdemeanor that disqualifies the person
43.21from possessing firearms under the following sections:
43.22(1) 518B.01, subdivision 14;
43.23(2) 609.224, subdivision 3;
43.24(3) 609.2242, subdivision 3;
43.25(4) 609.749, subdivision 8;
43.26(5) 624.713, subdivision 1, clause (11); or
43.27(6) 629.715, subdivision 2.
43.28(c) If the court reports a firearms disqualification based on a charge of violating an
43.29offense listed in paragraph (b), the court must provide notice of the disposition of the charge
43.30to the National Instant Criminal Background Check System within three business days.
43.31EFFECTIVE DATE.This section is effective August 1, 2013.
43.32 Sec. 10. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
44.1(a) By July 1, 2014, a court shall electronically enter into the National Instant
44.2Criminal Background Check System information on all persons civilly committed during
44.3the period from January 1, 1994, to September 28, 2010, that has not already been
44.4entered in the system. The information provided under this paragraph must include civil
44.5commitment orders and orders restoring firearms eligibility under Minnesota Statutes,
44.6section 624.713, subdivision 4.
44.7(b) By September 1, 2013, courts and law enforcement agencies shall electronically
44.8enter into a Bureau of Criminal Apprehension-managed database information on all
44.9persons convicted in a Minnesota court of a felony during the years 2008 to 2012 that
44.10has not already been entered in a searchable database. The bureau shall convert into an
44.11electronic format and enter into the searchable database, within three business days of
44.12receipt of the data, all data received from a court or law enforcement agency that is not
44.13entered by the court or agency into a bureau-managed searchable database.
44.14(c) The governor or commissioner of public safety may extend the time for entering
44.15information of prior civil commitments and felony convictions under paragraphs (a) and
44.16(b) for a period not to exceed 60 days for good cause shown.
44.17 Sec. 11. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
44.18GROUP.
44.19The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
44.20and ranking minority members of the house of representatives and senate committees
44.21having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
44.22search capabilities of the Bureau of Criminal Apprehension-managed databases and
44.23recommend how the search capabilities of the databases may be improved with, among
44.24other proposals, an increase in the number of identification data for each person included
44.25in the databases. The group shall also report on the progress made on reducing the number
44.26of bureau suspense files and recommendations to facilitate the reduction of these files. The
44.27group, in consultation with the revisor of statutes, shall review existing law relating to the
44.28timely transmittal and entry of data and propose legislation for the 2014 legislative session
44.29that clarifies, conforms, implements, and resolves any conflicts with this act."
44.30Delete the title and insert:
44.32relating to criminal justice; modifying certain provisions relating to public safety,
44.33courts, guardians and conservators, corrections, offenders, and data integration;
44.34requiring reports; providing for penalties; appropriating money for courts,
44.35Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
44.36Standards, Board of Public Defense, sentencing guidelines, public safety, Peace
44.37Officer Standards and Training (POST) Board, Private Detective Board, human
44.38rights, and corrections;amending Minnesota Statutes 2012, sections 241.301;
45.1243.51, subdivisions 1, 3; 245C.32, subdivision 2; 253B.24; 299A.705, by
45.2adding a subdivision; 299A.73, subdivision 3; 299C.10, subdivisions 1, 3;
45.3299C.11, subdivision 1; 299C.14; 299C.17; 357.021, by adding a subdivision;
45.4363A.36, subdivisions 1, 2; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
45.5adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 609.3455,
45.6by adding a subdivision; 624.713, subdivision 3, by adding a subdivision;
45.7Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
45.8proposing coding for new law in Minnesota Statutes, chapter 244; repealing
45.9Minnesota Statutes 2012, section 243.51, subdivision 5."
1.3relating to public safety; providing that funds received for out-of-state offenders
1.4incarcerated in Minnesota are appropriated to the Department of Corrections;
1.5modifying certificates of compliance for public contracts; appropriating money
1.6for public safety, judiciary, corrections, and human rights;amending Minnesota
1.7Statutes 2012, sections 243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2;
1.8Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
1.9repealing Minnesota Statutes 2012, section 243.51, subdivision 5.
1.10May 15, 2013
1.11The Honorable Sandra L. Pappas
1.12President of the Senate
1.13The Honorable Paul Thissen
1.14Speaker of the House of Representatives
1.15We, the undersigned conferees for S.F. No. 671 report that we have agreed upon the
1.16items in dispute and recommend as follows:
1.17That the House recede from its amendments and that S.F. No. 671 be further
1.18amended as follows:
1.19Delete everything after the enacting clause and insert:
| 1.22 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.24in this article.
| 2.3 |
Sec. 2. APPROPRIATIONS. |
||||||
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 |
||
2.19purpose are specified in the following
2.20subdivisions.
| 2.21 |
Subd. 2.Supreme Court Operations |
32,282,000 |
32,925,000 |
||||
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 |
||||
3.6Family 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 |
||
3.19$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.
| 4.1 |
Sec. 5. DISTRICT COURTS |
$ |
247,459,000 |
$ |
256,622,000 |
||
4.3$875,000 each year is to develop, expand,
4.4and maintain specialty courts.
4.5(b) Employer Pension Fund Contribution
4.6$778,000 the first year and $809,000 the
4.7second year are for a two percent increase
4.8in the employer pension fund contribution
4.9rate to the judge retirement plan. These
4.10appropriations take effect only if legislation
4.11to increase the employer pension fund
4.12contribution rate by two percent is enacted
4.13into law by July 1, 2013. If the appropriations
4.14do not take effect, this appropriation cancels
4.15to the general fund.
| 4.16 |
Sec. 6. GUARDIAN AD LITEM BOARD |
$ |
12,414,000 |
$ |
12,756,000 |
||
| 4.17 |
Sec. 7. TAX COURT |
$ |
1,023,000 |
$ |
1,035,000 |
||
4.19$161,000 each year is for two law clerks,
4.20continuing legal education costs, and
4.21Westlaw costs.
4.22(b) Case Management System
4.23$25,000 each year is for the implementation
4.24and maintenance of a modern case
4.25management system.
| 4.26 |
Sec. 8. UNIFORM LAWS COMMISSION |
$ |
147,000 |
$ |
84,000 |
||
4.28$63,000 the first year is to pay back dues
4.29owing to the National Conference of
4.30Commissioners on Uniform State Laws.
| 5.1 |
Sec. 9. BOARD ON JUDICIAL STANDARDS |
$ |
756,000 |
$ |
456,000 |
||
5.3$300,000 the first year is for deficiencies
5.4occurring in fiscal year 2013. This
5.5appropriation is available for expenditure the
5.6day following final enactment.
5.7(b) Major Disciplinary Actions
5.8$125,000 each year is for special
5.9investigative and hearing costs for major
5.10disciplinary actions undertaken by the
5.11board. This appropriation does not cancel.
5.12Any encumbered and unspent balances
5.13remain available for these expenditures in
5.14subsequent fiscal years.
| 5.15 |
Sec. 10. BOARD OF PUBLIC DEFENSE |
$ |
70,698,000 |
$ |
73,612,000 |
||
5.17From this appropriation, the board shall pay
5.18all outstanding billings as of June 30, 2013,
5.19for transcripts.
5.20(b) Report to the Legislature
5.21By January 15, 2014, and by January 15,
5.222015, the board shall report to the chairs
5.23and ranking minority members of the house
5.24of representatives and senate committees
5.25with jurisdiction over criminal justice and
5.26judiciary finance on how this appropriation
5.27was spent, including information on new
5.28attorney and staff hires, salary and benefit
5.29increases, caseload reductions, technology
5.30improvements, and transcript costs and
5.31billings.
| 6.1 |
Sec. 11. SENTENCING GUIDELINES |
$ |
886,000 |
$ |
586,000 |
||
6.3$300,000 the first year is for a transfer to
6.4the Office of Enterprise Technology for an
6.5electronic sentencing worksheet system. This
6.6appropriation is available until expended.
6.7Any ongoing information technology
6.8support or costs for this application shall be
6.9incorporated into the service-level agreement
6.10and shall be paid to the Office of Enterprise
6.11Technology.
| 6.12 |
Sec. 12. PUBLIC SAFETY |
||||||
| 6.13 |
Subdivision 1.Total Appropriation |
$ |
157,851,000 |
$ |
161,191,000 |
||
6.23purpose are specified in the following
6.24subdivisions.
| 6.25 |
Subd. 2.Emergency Management |
2,979,000 |
2,929,000 |
||||
| 6.26 |
Appropriations by Fund |
||
| 6.27 |
General |
2,306,000 |
2,256,000 |
| 6.28 |
Special Revenue |
604,000 |
604,000 |
| 6.29 |
Environmental |
69,000 |
69,000 |
| 6.30 |
(a) Hazmat and Chemical Assessment Teams |
||||||
6.32account in the special revenue fund. These
6.33amounts must be used to fund the hazardous
6.34materials and chemical assessment teams.
| 7.1 |
(b) School Safety |
||||||
7.3second year from the general fund are to
7.4reinstate the school safety center and to
7.5provide for school safety. The commissioner
7.6of public safety shall work collaboratively
7.7with the School Climate Council and the
7.8school climate center established under
7.9Minnesota Statutes, sections 121A.07 and
7.10127A.052.
7.11By January 15, 2014, and by January 15,
7.122015, the commissioner of public safety
7.13shall report to the chairs and ranking
7.14minority members of the senate and house of
7.15representatives committees with jurisdiction
7.16over criminal justice and judiciary funding
7.17on how this appropriation was spent. The
7.18report shall specify the results achieved
7.19by the school safety center and the level
7.20of cooperation achieved between the
7.21commissioner and the School Climate
7.22Council and school climate center.
| 7.23 |
Subd. 3.Criminal Apprehension |
47,588,000 |
47,197,000 |
||||
| 7.24 |
Appropriations by Fund |
||
| 7.25 |
General |
42,315,000 |
42,924,000 |
| 7.26 |
Special Revenue |
3,000,000 |
2,000,000 |
| 7.27 7.28 |
State Government Special Revenue |
7,000 |
7,000 |
| 7.29 |
Trunk Highway |
2,266,000 |
2,266,000 |
| 7.30 |
(a) DWI Lab Analysis; Trunk Highway Fund |
||||||
7.32161.20, subdivision 3, $1,941,000 each year
7.33is from the trunk highway fund for laboratory
7.34analysis related to driving-while-impaired
7.35cases.
| 8.1 |
(b) Criminal History System |
||||||
8.3second year from the general fund and,
8.4notwithstanding Minnesota Statutes, section
8.5299A.705, subdivision 4, $3,000,000 the
8.6first year and $2,000,000 the second year
8.7from the vehicle services account in the
8.8special revenue fund are to replace the
8.9state criminal history system. This is a
8.10onetime appropriation and is available until
8.11expended. Of this amount, $2,980,000 the
8.12first year and $2,580,000 the second year
8.13are for a onetime transfer to the Office of
8.14Enterprise Technology for start-up costs.
8.15Service level agreements must document all
8.16project-related transfers under this paragraph.
8.17Ongoing operating and support costs for this
8.18system shall be identified and incorporated
8.19into future service level agreements.
8.20The commissioner is authorized to use funds
8.21appropriated under this paragraph for the
8.22purposes specified in paragraph (c).
| 8.23 |
(c) Criminal Reporting System |
||||||
8.25second year from the general fund are to
8.26replace the state's crime reporting system.
8.27This is a onetime appropriation and is
8.28available until expended. Of these amounts,
8.29$1,360,000 the first year and $1,360,000
8.30the second year are for a onetime transfer
8.31to the Office of Enterprise Technology for
8.32start-up costs. Service level agreements
8.33must document all project-related transfers
8.34under this paragraph. Ongoing operating
9.1and support costs for this system shall
9.2be identified and incorporated into future
9.3service level agreements.
9.4The commissioner is authorized to use funds
9.5appropriated under this paragraph for the
9.6purposes specified in paragraph (b).
| 9.7 |
(d) Forensic Laboratory |
||||||
9.9second year from the general fund and,
9.10notwithstanding Minnesota Statutes, section
9.11161.20, subdivision 3, $125,000 the first
9.12year and $125,000 the second year from the
9.13trunk highway fund are to replace forensic
9.14laboratory equipment at the Bureau of
9.15Criminal Apprehension.
9.16$200,000 the first year and $200,000 the
9.17second year from the general fund and,
9.18notwithstanding Minnesota Statutes, section
9.19161.20, subdivision 3, $200,000 the first
9.20year and $200,000 the second year from the
9.21trunk highway fund are to improve forensic
9.22laboratory staffing at the Bureau of Criminal
9.23Apprehension.
| 9.24 |
(e) Livescan Fingerprinting |
||||||
9.26second year from the general fund are to
9.27maintain Livescan fingerprinting machines.
9.28This is a onetime appropriation.
| 9.29 |
(f) General Fund Base |
||||||
9.31general fund base is reduced by $1,720,000
9.32in fiscal year 2014 and $2,329,000 in fiscal
9.33year 2015 to reflect onetime appropriations.
| 10.1 |
(g) Report |
||||||
10.3accrues an unallocated balance in excess
10.4of 50 percent of the previous fiscal year's
10.5expenditures, the commissioner of public
10.6safety shall submit a report to the chairs
10.7and ranking minority members of the house
10.8of representatives and senate committees
10.9with jurisdiction over transportation and
10.10public safety policy and finance. The report
10.11must contain specific policy and legislative
10.12recommendations for reducing the fund
10.13balance and avoiding future excessive fund
10.14balances. The report is due within three
10.15months of the fund balance exceeding the
10.16threshold established in this paragraph.
| 10.17 |
Subd. 4.Fire Marshal |
9,555,000 |
9,555,000 |
||||
10.19account in the special revenue fund and is for
10.20activities under Minnesota Statutes, section
10.21299F.012.
10.22Of this amount: (1) $7,187,000 each year
10.23is for activities under Minnesota Statutes,
10.24section 299F.012; and (2) $2,368,000 the first
10.25year and $2,368,000 the second year are for
10.26transfers to the general fund under Minnesota
10.27Statutes, section 297I.06, subdivision 3.
| 10.28 |
Subd. 5.Alcohol and Gambling Enforcement |
2,485,000 |
2,485,000 |
||||
| 10.29 |
Appropriations by Fund |
||
| 10.30 |
General |
1,582,000 |
1,582,000 |
| 10.31 |
Special Revenue |
903,000 |
903,000 |
10.33enforcement account in the special revenue
11.1fund. Of this appropriation, $500,000 each
11.2year shall be transferred to the general fund.
11.3$250,000 each year is appropriated from the
11.4lawful gambling regulation account in the
11.5special revenue fund.
| 11.6 |
Subd. 6.Office of Justice Programs |
36,106,000 |
36,106,000 |
||||
| 11.7 |
Appropriations by Fund |
||
| 11.8 |
General |
36,010,000 |
36,010,000 |
| 11.9 11.10 |
State Government Special Revenue |
96,000 |
96,000 |
| 11.11 |
(a) OJP Administration Costs |
||||||
11.13appropriated in this subdivision may be used
11.14by the commissioner to administer the grant
11.15program.
| 11.16 |
(b) Crime Victim Programs |
||||||
11.18through an open and competitive grant
11.19process for existing crime victim programs.
11.20The funds must be used to meet the needs
11.21of underserved and unserved areas and
11.22populations.
| 11.23 |
(c) Community Offender Reentry Program |
||||||
11.25community offender reentry program for
11.26assisting individuals to transition from
11.27incarceration to the communities in and
11.28around Duluth, including assistance in
11.29finding housing, employment, educational
11.30opportunities, counseling, and other
11.31resources. This is a onetime appropriation.
| 11.32 |
(d) Youth Intervention Programs |
||||||
12.2programs under Minnesota Statutes, section
12.3299A.73. The appropriations must be
12.4used to create new programs statewide
12.5in underserved areas and to help existing
12.6programs serve unmet needs in program
12.7communities. These appropriations are
12.8available until expended. This amount must
12.9be added to the department's base budget for
12.10grants to youth intervention programs.
12.11(e) Sexually Exploited Youth; Law
12.12Enforcement and Prosecution Training
12.13$350,000 each year is for a grant to Ramsey
12.14County to be used by the Ramsey County
12.15Attorney's Office to:
12.16(1) develop a statewide model protocol for
12.17law enforcement, prosecutors, and others,
12.18who in their professional capacity encounter
12.19sexually exploited and trafficked youth, on
12.20identifying and intervening with sexually
12.21exploited and trafficked youth;
12.22(2) conduct statewide training for law
12.23enforcement and prosecutors on the model
12.24protocol and the Safe Harbor Law described
12.25in Laws 2011, First Special Session chapter
12.261, article 4, as modified by Senate File No.
12.27384, article 2, if enacted; and
12.28(3) develop and disseminate to law
12.29enforcement, prosecutors, and others, who
12.30in their professional capacity encounter
12.31sexually exploited and trafficked youth, on
12.32investigative best practices to identify sex
12.33trafficked victims and traffickers.
13.1The Ramsey County attorney may use the
13.2money appropriated in this paragraph to
13.3partner with other entities to implement
13.4clauses (1) to (3).
13.5By January 15, 2015, the Ramsey County
13.6Attorney's Office shall report to the chairs
13.7and ranking minority members of the senate
13.8and house of representatives committees and
13.9divisions having jurisdiction over criminal
13.10justice policy and funding on how this
13.11appropriation was spent.
13.12These appropriations are onetime.
13.13(f) Returning Veterans in Crisis
13.14$50,000 each year is for a grant to the Upper
13.15Midwest Community Policing Institute for
13.16use in training community safety personnel
13.17about the use of de-escalation strategies
13.18for handling returning veterans in crisis.
13.19This is a onetime appropriation, and the
13.20unencumbered balance in the first year does
13.21not cancel but is available for the second
13.22year. The commissioner shall consult with
13.23the Peace Officers Standards and Training
13.24(POST) Board regarding the design and
13.25content of the course, and must also ensure
13.26that the training opportunities are reasonably
13.27distributed throughout the state.
13.28(g) Juvenile Detention Alternative
13.29Initiative
13.30$50,000 each year is for a grant to the
13.31Juvenile Detention Alternative Initiative.
13.32This is a onetime appropriation, and funds
13.33unexpended in the first year are available in
13.34the second year.
| 14.1 |
Subd. 7.Emergency Communication Networks |
59,138,000 |
63,639,000 |
||||
14.3government special revenue fund for 911
14.4emergency telecommunications services.
| 14.5 |
(a) Public Safety Answering Points |
||||||
14.7as provided in Minnesota Statutes, section
14.8403.113, subdivision 2.
| 14.9 |
(b) Medical Resource Communication Centers |
||||||
14.11Minnesota Emergency Medical Services
14.12Regulatory Board for the Metro East
14.13and Metro West Medical Resource
14.14Communication Centers that were in
14.15operation before January 1, 2000.
| 14.16 |
(c) ARMER Debt Service |
||||||
14.18of management and budget to pay debt
14.19service on revenue bonds issued under
14.20Minnesota Statutes, section 403.275.
14.21Any portion of this appropriation not needed
14.22to pay debt service in a fiscal year may be
14.23used by the commissioner of public safety to
14.24pay cash for any of the capital improvements
14.25for which bond proceeds were appropriated
14.26by Laws 2005, chapter 136, article 1, section
14.279, subdivision 8; or Laws 2007, chapter 54,
14.28article 1, section 10, subdivision 8.
| 14.29 |
(d) ARMER State Backbone Operating Costs |
||||||
14.31second year are to the commissioner of
14.32transportation for costs of maintaining and
15.1operating the first and third phases of the
15.2statewide radio system backbone.
| 15.3 |
(e) ARMER Improvements |
||||||
15.5Radio Board for costs of design, construction,
15.6and maintenance of, and improvements
15.7to, those elements of the statewide public
15.8safety radio and communication system
15.9that support mutual aid communications
15.10and emergency medical services or provide
15.11interim enhancement of public safety
15.12communication interoperability in those
15.13areas of the state where the statewide public
15.14safety radio and communication system is
15.15not yet implemented.
| 15.16 15.17 |
Sec. 13. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
3,870,000 |
$ |
3,870,000 |
||
15.19This appropriation is from the peace officer
15.20training account in the special revenue fund.
15.21Any new receipts credited to that account in
15.22the first year in excess of $3,870,000 must be
15.23transferred and credited to the general fund.
15.24Any new receipts credited to that account in
15.25the second year in excess of $3,870,000 must
15.26be transferred and credited to the general
15.27fund.
15.28(b) Peace Officer Training
15.29Reimbursements
15.30$2,734,000 each year is for reimbursements
15.31to local governments for peace officer
15.32training costs.
16.1(c) Training; Sexually Exploited and
16.2Trafficked Youth
16.3Of the appropriation in paragraph (b),
16.4$100,000 the first year is for reimbursements
16.5to local governments for peace officer
16.6training costs on sexually exploited and
16.7trafficked youth, including effectively
16.8identifying sex trafficked victims and
16.9traffickers, investigation techniques, and
16.10assisting sexually exploited youth.
16.11Reimbursement shall be provided on a flat
16.12fee basis of $100 per diem per officer.
| 16.13 |
Sec. 14. PRIVATE DETECTIVE BOARD |
$ |
120,000 |
$ |
120,000 |
||
| 16.14 |
Sec. 15. HUMAN RIGHTS |
$ |
3,297,000 |
$ |
3,297,000 |
||
16.16$129,000 each year is for two additional
16.17contract compliance officers.
| 16.18 |
Sec. 16. DEPARTMENT OF CORRECTIONS |
||||||
| 16.19 |
Subdivision 1.Total Appropriation |
$ |
481,470,000 |
$ |
487,304,000 |
||
16.21purpose are specified in the following
16.22subdivisions.
| 16.23 |
Subd. 2.Correctional Institutions |
345,048,000 |
350,087,000 |
||||
16.25The general fund base for correctional
16.26institutions shall be $352,372,000 in fiscal
16.27year 2016 and $354,982,000 in fiscal year
16.282017.
16.29(b) Medical Release Planners
17.1$68,000 the first year and $136,000 the
17.2second year are for two medical release
17.3planners.
17.4(c) MINNCOR
17.5Notwithstanding Minnesota Statutes, section
17.6241.27, the commissioner of management
17.7and budget shall transfer $1,300,000 each
17.8year from the Minnesota correctional
17.9industries revolving fund to the general fund.
17.10This is a onetime transfer.
17.11(d) Treatment Beds
17.12$1,500,000 each year is to fund additional
17.13sex offender and chemical dependency
17.14treatment beds and shall not be used for any
17.15other purpose. The commissioner shall report
17.16to the legislature on how this appropriation
17.17was spent.
| 17.18 |
Subd. 3.Community Services |
114,178,000 |
114,704,000 |
||||
17.20$1,025,000 the first year and $1,025,000 the
17.21second year are added to the Community
17.22Corrections Act subsidy, as described in
17.23Minnesota Statutes, section 401.14.
17.24(b) Probation Supervision, CPO System
17.25$200,000 each year is for county probation
17.26officers reimbursement, as described
17.27in Minnesota Statutes, section 244.19,
17.28subdivision 6.
| 17.29 |
Subd. 4.Operations Support |
22,244,000 |
22,513,000 |
||||
17.32 Section 1. Minnesota Statutes 2012, section 245C.32, subdivision 2, is amended to read:
18.1 Subd. 2. Use. (a) The commissioner may also use these systems and records to
18.2obtain and provide criminal history data from the Bureau of Criminal Apprehension,
18.3criminal history data held by the commissioner, and data about substantiated maltreatment
18.4under section
18.5(1) the background study is specifically authorized in statute; or
18.6(2) the request is made with the informed consent of the subject of the study as
18.7provided in section
18.8(b) An individual making a request under paragraph (a), clause (2), must agree in
18.9writing not to disclose the data to any other individual without the consent of the subject
18.10of the data.
18.11(c) The commissioner may recover the cost of obtaining and providing background
18.12study data by charging the individual or entity requesting the study a fee of no more
18.13than $20 per study. The fees collected under this paragraph are appropriated to the
18.14commissioner for the purpose of conducting background studies.
18.15(d) The commissioner shall recover the cost of obtaining background study data
18.16required under section 524.5-118 through a fee of $50 per study for an individual who
18.17has not lived outside Minnesota for the past ten years, and a fee of $100 for an individual
18.18who has resided outside of Minnesota for any period during the ten years preceding the
18.19background study. The commissioner shall recover, from the individual, any additional
18.20fees charged by other states' licensing agencies that are associated with these data requests.
18.21Fees under subdivision 3 also apply when criminal history data from the National Criminal
18.22Records Repository is required.
18.23 Sec. 2. Minnesota Statutes 2012, section 524.5-118, subdivision 1, is amended to read:
18.24 Subdivision 1. When required; exception. (a) The court shall require a background
18.25study under this section:
18.26(1) before the appointment of a guardian or conservator, unless a background study
18.27has been done on the person under this section within the previous
18.28(2) once every
18.29as a guardian or conservator.
18.30(b) The background study must include:
18.31(1) criminal history data from the Bureau of Criminal Apprehension, other criminal
18.32history data held by the commissioner of human services, and data regarding whether the
18.33person has been a perpetrator of substantiated maltreatment of a vulnerable adult
18.34 or minor
19.1
19.2Criminal Records Repository if the proposed guardian or conservator has not resided in
19.3Minnesota for the previous
19.4information received from the commissioner of human services under subdivision 2,
19.5paragraph (b), indicates that the subject is a multistate offender or that the individual's
19.6multistate offender status is undetermined
19.7(3) state licensing agency data if a search of the database or databases of the agencies
19.8listed in subdivision 2a shows that the proposed guardian or conservator has ever held a
19.9professional license directly related to the responsibilities of a professional fiduciary from
19.10an agency listed in subdivision 2a that was conditioned, suspended, revoked, or canceled.
19.11
19.12be done on all individuals currently employed by the proposed guardian or conservator
19.13who will be responsible for exercising powers and duties under the guardianship or
19.14conservatorship.
19.15
19.16protected person to appoint a guardian or conservator before the background study can
19.17be completed, the court may make the appointment pending the results of the study,
19.18however, the background study must then be completed as soon as reasonably possible
19.19after appointment, no later than 30 days after appointment.
19.20
19.21guardian or conservator must be paid by the guardian or conservator. In other cases,
19.22the fee must be paid as follows:
19.23(1) if the matter is proceeding in forma pauperis, the fee is an expense for purposes
19.24of section
19.25(2) if there is an estate of the ward or protected person, the fee must be paid from
19.26the estate; or
19.27(3) in the case of a guardianship or conservatorship of the person that is not
19.28proceeding in forma pauperis, the court may order that the fee be paid by the guardian or
19.29conservator or by the court.
19.30
19.31conservator is:
19.32(1) a state agency or county;
19.33(2) a parent or guardian of a proposed ward or protected person who has a
19.34developmental disability, if the parent or guardian has raised the proposed ward or
19.35protected person in the family home until the time the petition is filed, unless counsel
19.36appointed for the proposed ward or protected person under section
20.1(d)
20.2recommends a background study; or
20.3(3) a bank with trust powers, bank and trust company, or trust company, organized
20.4under the laws of any state or of the United States and which is regulated by the
20.5commissioner of commerce or a federal regulator.
20.6 Sec. 3. Minnesota Statutes 2012, section 524.5-118, is amended by adding a
20.7subdivision to read:
20.8 Subd. 2a. Procedure; state licensing agency data. (a) The court shall request the
20.9commissioner of human services to provide the court within 25 working days of receipt of
20.10the request with licensing agency data for licenses directly related to the responsibilities of
20.11a professional fiduciary from the following agencies in Minnesota:
20.12(1) Lawyers Responsibility Board;
20.13(2) State Board of Accountancy;
20.14(3) Board of Social Work;
20.15(4) Board of Psychology;
20.16(5) Board of Nursing;
20.17(6) Board of Medical Practice;
20.18(7) Department of Education;
20.19(8) Department of Commerce;
20.20(9) Board of Chiropractic Examiners;
20.21(10) Board of Dentistry;
20.22(11) Board of Marriage and Family Therapy;
20.23(12) Department of Human Services; and
20.24(13) Peace Officer Standards and Training (POST) Board.
20.25(b) The commissioner shall enter into agreements with these agencies to provide for
20.26electronic access to the relevant licensing data by the commissioner.
20.27(c) The commissioner shall provide to the court the electronically available data
20.28maintained in the agency's database, including whether the proposed guardian or
20.29conservator is or has been licensed by the agency, and if the licensing agency database
20.30indicates a disciplinary action or a sanction against the individual's license, including a
20.31condition, suspension, revocation, or cancellation.
20.32(d) If the proposed guardian or conservator has resided in a state other than
20.33Minnesota in the previous ten years, licensing agency data under this section shall also
20.34include the licensing agency data from any other state where the proposed guardian or
20.35conservator reported to have resided during the previous ten years. If the proposed
21.1guardian or conservator has or has had a professional license in another state that is
21.2directly related to the responsibilities of a professional fiduciary from one of the agencies
21.3listed under paragraph (a), state licensing agency data shall also include data from the
21.4relevant licensing agency of that state.
21.5(e) The commissioner is not required to repeat a search for Minnesota or out-of-state
21.6licensing data on an individual if the commissioner has provided this information to the
21.7court within the prior two years.
21.8(f) If an individual has continuously resided in Minnesota since a previous
21.9background study under this section was completed, the commissioner is not required to
21.10repeat a search for records in another state.
21.11 Sec. 4. Minnesota Statutes 2012, section 524.5-303, is amended to read:
21.12524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION.
21.13(a) An individual or a person interested in the individual's welfare may petition for
21.14a determination of incapacity, in whole or in part, and for the appointment of a limited
21.15or unlimited guardian for the individual.
21.16(b) The petition must set forth the petitioner's name, residence, current address if
21.17different, relationship to the respondent, and interest in the appointment and, to the extent
21.18known, state or contain the following with respect to the respondent and the relief requested:
21.19(1) the respondent's name, age, principal residence, current street address, and, if
21.20different, the address of the dwelling in which it is proposed that the respondent will
21.21reside if the appointment is made;
21.22(2) the name and address of the respondent's:
21.23(i) spouse, or if the respondent has none, an adult with whom the respondent has
21.24resided for more than six months before the filing of the petition; and
21.25(ii) adult children or, if the respondent has none, the respondent's parents and adult
21.26brothers and sisters, or if the respondent has none, at least one of the adults nearest in
21.27kinship to the respondent who can be found;
21.28(3) the name of the administrative head and address of the institution where the
21.29respondent is a patient, resident, or client of any hospital, nursing home, home care
21.30agency, or other institution;
21.31(4) the name and address of any legal representative for the respondent;
21.32(5) the name, address, and telephone number of any person nominated as guardian
21.33by the respondent in any manner permitted by law, including a health care agent nominated
21.34in a health care directive;
22.1(6) the name, address, and telephone number of any proposed guardian and the
22.2reason why the proposed guardian should be selected;
22.3(7) the name and address of any health care agent or proxy appointed pursuant to
22.4a health care directive as defined in section
22.5or other similar document executed in another state and enforceable under the laws of
22.6this state;
22.7(8) the reason why guardianship is necessary, including a brief description of the
22.8nature and extent of the respondent's alleged incapacity;
22.9(9) if an unlimited guardianship is requested, the reason why limited guardianship
22.10is inappropriate and, if a limited guardianship is requested, the powers to be granted to
22.11the limited guardian; and
22.12(10) a general statement of the respondent's property with an estimate of its value,
22.13including any insurance or pension, and the source and amount of any other anticipated
22.14income or receipts.
22.15(c) The petition must also set forth the following information regarding the proposed
22.16guardian or any employee of the guardian responsible for exercising powers and duties
22.17under the guardianship:
22.18(1) whether the proposed guardian has ever been removed for cause from serving as
22.19a guardian or conservator and, if so, the case number and court location;
22.20(2) if the proposed guardian is a professional guardian or conservator, a summary of
22.21the proposed guardian's educational background and relevant work and other experience
22.22(3) whether the proposed guardian has ever applied for or held, at any time, any
22.23professional license from an agency listed under section 524.5-118, subdivision 2a, and if
22.24so, the name of the licensing agency, and as applicable, the license number and status;
22.25whether the license is active or has been denied, conditioned, suspended, revoked, or
22.26canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
22.27of the license;
22.28(4) whether the proposed guardian has ever been found civilly liable in an action
22.29that involved fraud, misrepresentation, material omission, misappropriation, theft, or
22.30conversion, and if so, the case number and court location;
22.31(5) whether the proposed guardian has ever filed for or received protection under the
22.32bankruptcy laws, and if so, the case number and court location;
22.33(6) whether the proposed guardian has any outstanding civil monetary judgments
22.34against the proposed guardian, and if so, the case number, court location, and outstanding
22.35amount owed;
23.1(7) whether an order for protection or harassment restraining order has ever been
23.2issued against the proposed guardian, and if so, the case number and court location; and
23.3(8) whether the proposed guardian has ever been convicted of a crime other than a
23.4petty misdemeanor or traffic offense, and if so, the case number and the crime of which
23.5the guardian was convicted.
23.6 Sec. 5. Minnesota Statutes 2012, section 524.5-316, is amended to read:
23.7524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT
23.8ORDERS.
23.9(a) A guardian shall report to the court in writing on the condition of the ward at least
23.10annually and whenever ordered by the court. A copy of the report must be provided to the
23.11ward and to interested persons of record with the court. A report must state or contain:
23.12(1) the current mental, physical, and social condition of the ward;
23.13(2) the living arrangements for all addresses of the ward during the reporting period;
23.14(3) any restrictions placed on the ward's right to communication and visitation with
23.15persons of the ward's choice and the factual bases for those restrictions;
23.16(4) the medical, educational, vocational, and other services provided to the ward and
23.17the guardian's opinion as to the adequacy of the ward's care;
23.18(5) a recommendation as to the need for continued guardianship and any
23.19recommended changes in the scope of the guardianship;
23.20(6) an address and telephone number where the guardian can be contacted; and
23.21
23.22
23.23
23.24
23.25
23.26
23.27that the guardian received during the previous year that were not reimbursed by county
23.28contract.
23.29(b) A guardian shall report to the court in writing within 30 days of the occurrence of
23.30any of the events listed in this paragraph. The guardian must report any of the occurrences
23.31in this paragraph and follow the same reporting requirements in this paragraph for
23.32any employee of the guardian responsible for exercising powers and duties under the
23.33guardianship. A copy of the report must be provided to the ward and to interested persons
23.34of record with the court. A guardian shall report when:
24.1(1) the guardian is removed for cause from serving as a guardian or conservator, and
24.2if so, the case number and court location;
24.3(2) the guardian has a professional license from an agency listed under section
24.4524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
24.5if so, the licensing agency and license number, and the basis for denial, condition,
24.6suspension, revocation, or cancellation of the license;
24.7(3) the guardian is found civilly liable in an action that involves fraud,
24.8misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
24.9case number and court location;
24.10(4) the guardian files for or receives protection under the bankruptcy laws, and
24.11if so, the case number and court location;
24.12(5) a civil monetary judgment is entered against the guardian, and if so, the case
24.13number, court location, and outstanding amount owed;
24.14(6) the guardian is convicted of a crime other than a petty misdemeanor or traffic
24.15offense, and if so, the case number and court location; or
24.16(7) an order for protection or harassment restraining order is issued against the
24.17guardian, and if so, the case number and court location.
24.18
24.19written statement disputing statements or conclusions regarding the condition of the ward
24.20or addressing any disciplinary or legal action that
24.21reports and may petition the court for an order that is in the best interests of the ward or
24.22for other appropriate relief.
24.23
24.24does not wish to receive copies of reports required under this section.
24.25
24.26guardian, and make any other investigation the court directs.
24.27
24.28filing and review of annual reports. If an annual report is not filed within 60 days of the
24.29required date, the court shall issue an order to show cause.
24.30(g) If a guardian fails to comply with this section, the court may decline to appoint that
24.31person as a guardian or conservator, or may remove a person as guardian or conservator.
24.32 Sec. 6. Minnesota Statutes 2012, section 524.5-403, is amended to read:
24.33524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE
24.34ORDER.
25.1(a) The following may petition for the appointment of a conservator or for any
25.2other appropriate protective order:
25.3(1) the person to be protected;
25.4(2) an individual interested in the estate, affairs, or welfare of the person to be
25.5protected; or
25.6(3) a person who would be adversely affected by lack of effective management of
25.7the property and business affairs of the person to be protected.
25.8(b) The petition must set forth the petitioner's name, residence, current address
25.9if different, relationship to the respondent, and interest in the appointment or other
25.10protective order, and, to the extent known, state or contain the following with respect to
25.11the respondent and the relief requested:
25.12(1) the respondent's name, age, principal residence, current street address, and, if
25.13different, the address of the dwelling where it is proposed that the respondent will reside if
25.14the appointment is made;
25.15(2) if the petition alleges impairment in the respondent's ability to receive and
25.16evaluate information, a brief description of the nature and extent of the respondent's
25.17alleged impairment;
25.18(3) if the petition alleges that the respondent is missing, detained, or unable to
25.19return to the United States, a statement of the relevant circumstances, including the time
25.20and nature of the disappearance or detention and a description of any search or inquiry
25.21concerning the respondent's whereabouts;
25.22(4) the name and address of the respondent's:
25.23(i) spouse, or if the respondent has none, an adult with whom the respondent has
25.24resided for more than six months before the filing of the petition; and
25.25(ii) adult children or, if the respondent has none, the respondent's parents and adult
25.26brothers and sisters or, if the respondent has none, at least one of the adults nearest in
25.27kinship to the respondent who can be found;
25.28(5) the name of the administrative head and address of the institution where the
25.29respondent is a patient, resident, or client of any hospital, nursing home, home care
25.30agency, or other institution;
25.31(6) the name and address of any legal representative for the respondent;
25.32(7) the name and address of any health care agent or proxy appointed pursuant to
25.33a health care directive as defined in section
25.34or other similar document executed in another state and enforceable under the laws of
25.35this state;
26.1(8) a general statement of the respondent's property with an estimate of its value,
26.2including any insurance or pension, and the source and amount of other anticipated
26.3income or receipts; and
26.4(9) the reason why a conservatorship or other protective order is in the best interest
26.5of the respondent.
26.6(c) If a conservatorship is requested, the petition must also set forth to the extent
26.7known:
26.8(1) the name, address, and telephone number of any proposed conservator and the
26.9reason why the proposed conservator should be selected;
26.10(2) the name, address, and telephone number of any person nominated as conservator
26.11by the respondent if the respondent has attained 14 years of age; and
26.12(3) the type of conservatorship requested and, if an unlimited conservatorship,
26.13the reason why limited conservatorship is inappropriate or, if a limited conservatorship,
26.14the property to be placed under the conservator's control and any limitation on the
26.15conservator's powers and duties.
26.16(d) The petition must also set forth the following information regarding the proposed
26.17conservator or any employee of the conservator responsible for exercising powers and
26.18duties under the conservatorship:
26.19(1) whether the proposed conservator has ever been removed for cause from serving
26.20as a guardian or conservator and, if so, the case number and court location;
26.21(2) if the proposed conservator is a professional guardian or conservator, a summary
26.22of the proposed conservator's educational background and relevant work and other
26.23experience
26.24(3) whether the proposed conservator has ever applied for or held, at any time, any
26.25professional license from an agency listed under section 524.5-118, subdivision 2a, and if
26.26so, the name of the licensing agency, and as applicable, the license number and status;
26.27whether the license is active or has been denied, conditioned, suspended, revoked, or
26.28canceled; and the basis for the denial, condition, suspension, revocation, or cancellation
26.29of the license;
26.30(4) whether the proposed conservator has ever been found civilly liable in an action
26.31that involved fraud, misrepresentation, material omission, misappropriation, theft, or
26.32conversion, and if so, the case number and court location;
26.33(5) whether the proposed conservator has ever filed for or received protection under
26.34the bankruptcy laws, and if so, the case number and court location;
27.1(6) whether the proposed conservator has any outstanding civil monetary judgments
27.2against the proposed conservator, and if so, the case number, court location, and
27.3outstanding amount owed;
27.4(7) whether an order for protection or harassment restraining order has ever been
27.5issued against the proposed conservator, and if so, the case number and court location; and
27.6(8) whether the proposed conservator has ever been convicted of a crime other than
27.7a petty misdemeanor or traffic offense, and if so, the case number and the crime of which
27.8the conservator was convicted.
27.9 Sec. 7. Minnesota Statutes 2012, section 524.5-420, is amended to read:
27.10524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING;
27.11COURT ORDERS.
27.12(a) A conservator shall report to the court for administration of the estate annually
27.13unless the court otherwise directs, upon resignation or removal, upon termination of the
27.14conservatorship, and at other times as the court directs. An order, after notice and hearing,
27.15allowing an intermediate report of a conservator adjudicates liabilities concerning the
27.16matters adequately disclosed in the accounting. An order, after notice and hearing, allowing
27.17a final report adjudicates all previously unsettled liabilities relating to the conservatorship.
27.18(b) A report must state or contain a listing of the assets of the estate under the
27.19conservator's control and a listing of the receipts, disbursements, and distributions during
27.20the reporting period.
27.21(c) The report must also state
27.22
27.23
27.24
27.25
27.26
27.27
27.28(d) A conservator shall report to the court in writing within 30 days of the occurrence
27.29of any of the events listed in this paragraph. The conservator must report any of the
27.30occurrences in this paragraph and follow the same reporting requirements in this paragraph
27.31for any employee of the conservator responsible for exercising powers and duties under
27.32the conservatorship. A copy of the report must be provided to the protected person and to
27.33interested persons of record with the court. A conservator shall report when:
27.34(1) the conservator is removed for cause from serving as a guardian or conservator,
27.35and if so, the case number and court location;
28.1(2) the conservator has a professional license from an agency listed under section
28.2524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and
28.3if so, the licensing agency and license number, and the basis for denial, condition,
28.4suspension, revocation, or cancellation of the license;
28.5(3) the conservator is found civilly liable in an action that involves fraud,
28.6misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
28.7case number and court location;
28.8(4) the conservator files for or receives protection under the bankruptcy laws, and
28.9if so, the case number and court location;
28.10(5) a civil monetary judgment is entered against the conservator, and if so, the case
28.11number, court location, and outstanding amount owed;
28.12(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
28.13offense, and if so, the case number and court location; or
28.14(7) an order for protection or harassment restraining order is issued against the
28.15conservator, and if so, the case number and court location.
28.16
28.17submit to the court a written statement disputing account statements regarding the
28.18administration of the estate or addressing any disciplinary or legal action that
28.19 contained in the
28.20interests of the protected person and the estate or for other appropriate relief.
28.21
28.22does not wish to receive copies of reports required under this section.
28.23
28.24protected person or conservator, and make any other investigation the court directs. In
28.25connection with a report, the court may order a conservator to submit the assets of the
28.26estate to an appropriate examination to be made in a manner the court directs.
28.27
28.28including the filing and review of conservators' reports and plans. If an annual report is
28.29not filed within 60 days of the required date, the court shall issue an order to show cause.
28.30(i) If a conservator fails to comply with this section, the court may decline to appoint
28.31that person as a guardian or conservator, or may remove a person as guardian or conservator.
28.34 Section 1. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:
29.1 Subdivision 1. Contracting with other states and federal government. The
29.2commissioner of corrections is hereby authorized to contract with agencies and bureaus of
29.3the United States and with the proper officials of other states or a county of this state for
29.4the custody, care, subsistence, education, treatment and training of persons convicted of
29.5criminal offenses constituting felonies in the courts of this state, the United States, or other
29.6states of the United States.
29.7Minnesota for all costs or other expenses involved, and, to the extent possible, require
29.8payment to the Department of Corrections of a per diem amount that is substantially equal
29.9to or greater than the per diem for the cost of housing Minnesota inmates at the same
29.10facility. This per diem cost shall be based on the assumption that the facility is at or
29.11near capacity. Funds received under the contracts shall be deposited in the state treasury
29.12and are appropriated to the commissioner of corrections for correctional purposes. Any
29.13prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
29.14to the terms and conditions of the prisoner's original sentence as if the prisoner were
29.15serving the same within the confines of the state in which the conviction and sentence was
29.16had or in the custody of the United States. Nothing herein shall deprive
29.17the right to parole or the rights to legal process in the courts of this state.
29.18 Sec. 2. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:
29.19 Subd. 3. Temporary detention. The commissioner of corrections is authorized to
29.20contract with agencies and bureaus of the United States and with the appropriate officials
29.21of any other state or county of this state for the temporary detention of any person in
29.22custody pursuant to any process issued under the authority of the United States, other
29.23states of the United States, or the district courts of this state. The contract shall provide for
29.24reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
29.25extent possible, require payment to the Department of Corrections of a per diem amount
29.26that is substantially equal to or greater than the per diem for the cost of housing Minnesota
29.27inmates at the same facility. This per diem cost shall be based on the assumption that the
29.28facility is at or near capacity. Funds received under the contracts shall be deposited in the
29.29state treasury and are appropriated to the commissioner of corrections for correctional
29.30purposes.
29.31 Sec. 3. [244.0551] CONDITIONAL RELEASE OF NONVIOLENT
29.32CONTROLLED SUBSTANCE OFFENDERS; TREATMENT.
30.1 Subdivision 1. Conditional release authority. The commissioner of corrections has
30.2the authority to release offenders committed to the commissioner's custody who meet the
30.3requirements of this section and of any rules adopted by the commissioner.
30.4 Subd. 2. Conditional release of certain nonviolent controlled substance
30.5offenders. An offender who has been committed to the commissioner's custody may
30.6petition the commissioner for conditional release from prison before the offender's
30.7scheduled supervised release date or target release date if:
30.8(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or
30.92a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024, subdivision 2; or 152.025,
30.10subdivision 2;
30.11(2) the offender committed the crime as a result of a controlled substance addiction;
30.12(3) the offender has served at least 36 months or one-half of the offender's term of
30.13imprisonment, whichever is less;
30.14(4) the offender successfully completed a chemical dependency treatment program
30.15of the type described in this section while in prison;
30.16(5) the offender has not previously been conditionally released under this section; and
30.17(6) the offender has not within the past ten years been convicted or adjudicated
30.18delinquent for a violent crime as defined in section 609.1095 other than the current
30.19conviction for the controlled substance offense.
30.20 Subd. 3. Offer of chemical dependency treatment. The commissioner shall offer
30.21all offenders meeting the criteria described in subdivision 2, clauses (1), (2), (5), and
30.22(6), the opportunity to begin a suitable chemical dependency treatment program of the
30.23type described in this section within 160 days after the offender's term of imprisonment
30.24begins or as soon after 160 days as possible.
30.25 Subd. 4. Chemical dependency treatment program components. (a) The
30.26chemical dependency treatment program described in subdivisions 2 and 3 must:
30.27(1) contain a highly structured daily schedule for the offender;
30.28(2) contain individualized educational programs designed to improve the basic
30.29educational skills of the offender and to provide vocational training, if appropriate;
30.30(3) contain programs designed to promote the offender's self-worth and the offender's
30.31acceptance of responsibility for the consequences of the offender's own decisions;
30.32(4) be licensed by the Department of Human Services and designed to serve the
30.33inmate population; and
30.34(5) require that each offender submit to a chemical use assessment and that the
30.35offender receive the appropriate level of treatment as indicated by the assessment.
31.1(b) The commissioner shall expel from the chemical dependency treatment program
31.2any offender who:
31.3(1) commits a material violation of or repeatedly fails to follow the rules of the
31.4program;
31.5(2) commits any criminal offense while in the program; or
31.6(3) presents any risk to other inmates based on the offender's behavior or attitude.
31.7 Subd. 5. Additional requirements. To be eligible for release under this section,
31.8an offender shall sign a written contract with the commissioner agreeing to comply with
31.9the requirements of this section and the conditions imposed by the commissioner. In
31.10addition to other items, the contract must specifically refer to the term of imprisonment
31.11extension in subdivision 6. In addition, the offender shall agree to submit to random drug
31.12and alcohol tests and electronic or home monitoring as determined by the commissioner or
31.13the offender's supervising agent. The commissioner may impose additional requirements
31.14on the offender that are necessary to carry out the goals of this section.
31.15 Subd. 6. Extension of term of imprisonment for offenders who fail in treatment.
31.16When an offender fails to successfully complete the chemical dependency treatment
31.17program under this section, the commissioner shall add the time that the offender was
31.18participating in the program to the offender's term of imprisonment. However, the
31.19offender's term of imprisonment may not be extended beyond the offender's executed
31.20sentence.
31.21 Subd. 7. Release procedures. The commissioner may deny conditional release to
31.22an offender under this section if the commissioner determines that the offender's release
31.23may reasonably pose a danger to the public or an individual. In making this determination,
31.24the commissioner shall follow the procedures in section 244.05, subdivision 5, and the
31.25rules adopted by the commissioner under that subdivision. The commissioner shall
31.26consider whether the offender was involved in criminal gang activity during the offender's
31.27prison term. The commissioner shall also consider the offender's custody classification
31.28and level of risk of violence and the availability of appropriate community supervision for
31.29the offender. Conditional release granted under this section continues until the offender's
31.30sentence expires, unless release is rescinded under subdivision 8. The commissioner
31.31may not grant conditional release unless a release plan is in place for the offender that
31.32addresses, at a minimum, plans for aftercare, community-based chemical dependency
31.33treatment, gaining employment, and securing housing.
31.34 Subd. 8. Conditional release. The conditions of release granted under this
31.35section are governed by the statutes and rules governing supervised release under this
31.36chapter, except that release may be rescinded without hearing by the commissioner if the
32.1commissioner determines that continuation of the conditional release poses a danger to
32.2the public or to an individual. If the commissioner rescinds an offender's conditional
32.3release, the offender shall be returned to prison and shall serve the remaining portion of
32.4the offender's sentence.
32.5 Subd. 9. Offenders serving other sentences. An offender who is serving
32.6both a sentence for an offense described in subdivision 2 and an offense not described
32.7in subdivision 2 is not eligible for release under this section unless the offender has
32.8completed the offender's full term of imprisonment for the other offense.
32.9 Subd. 10. Notice. Upon receiving an offender's petition for release under
32.10subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
32.11offender's conviction and the sentencing court. The commissioner shall give the authority
32.12and court a reasonable opportunity to comment on the offender's potential release. If
32.13the authority or court elects to comment, the comments must specify the reasons for
32.14the authority or court's position.
32.15EFFECTIVE DATE.This section is effective July 1, 2013, and applies to persons
32.16in prison on or after that date.
32.17 Sec. 4. Minnesota Statutes 2012, section 299A.705, is amended by adding a
32.18subdivision to read:
32.19 Subd. 4. Prohibited expenditures. The commissioner is prohibited from expending
32.20money from driver and vehicle services accounts created in the special revenue fund for
32.21any purpose that is not specifically authorized in this section or in the chapters specified
32.22in this section.
32.23 Sec. 5. Minnesota Statutes 2012, section 299A.73, subdivision 3, is amended to read:
32.24 Subd. 3. Grant allocation formula. Up to
32.25to the grants-in-aid to the youth intervention program may be used for a grant to
32.26the Minnesota Youth Intervention Programs Association for expenses in providing
32.27
32.28
32.29 community-based grantees of the program. The Minnesota Youth Intervention Programs
32.30Association is not required to meet the match obligation under subdivision 2.
32.31 Sec. 6. Minnesota Statutes 2012, section 357.021, is amended by adding a subdivision
32.32to read:
33.1 Subd. 2b. Court technology fund. (a) In addition to any other filing fee under this
33.2chapter, the court administrator shall collect a $2 technology fee on filings made under
33.3subdivision 2, clauses (1) to (13). The court administrator shall transmit the fee monthly
33.4to the commissioner of management and budget for deposit in the court technology
33.5account in the special revenue fund.
33.6(b) A court technology account is established as a special account in the state
33.7treasury and funds deposited in the account are appropriated to the Supreme Court for
33.8distribution of technology funds as provided in paragraph (d). Technology funds may
33.9be used for the following purposes: acquisition, development, support, maintenance,
33.10and upgrades to computer systems, equipment and devices, network systems, electronic
33.11records, filings and payment systems, interactive video teleconferencing, and online
33.12services, to be used by the state courts and their justice partners.
33.13(c) The Judicial Council may establish a board consisting of members from the
33.14judicial branch, prosecutors, public defenders, corrections, and civil legal services to
33.15distribute funds collected under paragraph (a). The Judicial Council may adopt policies
33.16and procedures for the operation of the board, including but not limited to policies
33.17and procedures governing membership terms, removal of members, and the filling of
33.18membership vacancies.
33.19(d) Applications for the expenditure of technology funds shall be accepted from the
33.20judicial branch, county and city attorney offices, the Board of Public Defense, qualified
33.21legal services programs as defined under section 480.24, corrections agencies, and
33.22part-time public defender offices. The applications shall be reviewed by the Judicial
33.23Council and, if established, the board. In accordance with any recommendations from
33.24the board, the Judicial Council shall distribute the funds available for this expenditure to
33.25selected recipients.
33.26(e) By January 15, 2015, and by January 15, 2017, the Judicial Council shall submit
33.27a report to the chairs and ranking minority members of the house of representatives and
33.28senate committees with jurisdiction over judiciary finance providing an accounting on
33.29the amounts collected and expended in the previous biennium, including a list of fund
33.30recipients, the amounts awarded to each recipient, and the technology purpose funded.
33.31(f) This subdivision expires June 30, 2018.
33.32EFFECTIVE DATE.This section is effective July 1, 2013, and applies to filings
33.33made on or after that date.
33.34 Sec. 7. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
34.1 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
34.2excess of $100,000, no department or agency of the state shall accept any bid or proposal
34.3for a contract or agreement from any business having more than 40 full-time employees
34.4within this state on a single working day during the previous 12 months, unless the
34.5commissioner is in receipt of the business' affirmative action plan for the employment of
34.6minority persons, women, and qualified disabled individuals. No department or agency of
34.7the state shall execute any such contract or agreement until the affirmative action plan
34.8has been approved by the commissioner. Receipt of a certificate of compliance issued by
34.9the commissioner shall signify that a firm or business has an affirmative action plan that
34.10has been approved by the commissioner. A certificate shall be valid for a period of
34.11 four years. A municipality as defined in section
34.12money for any reason is encouraged to prepare and implement an affirmative action plan
34.13for the employment of minority persons, women, and the qualified disabled and submit the
34.14plan to the commissioner.
34.15 (b) This paragraph applies to a contract for goods or services in excess of $100,000
34.16to be entered into between a department or agency of the state and a business that is
34.17not subject to paragraph (a), but that has more than 40 full-time employees on a single
34.18working day during the previous 12 months in the state where the business has its primary
34.19place of business. A department or agency of the state may not execute a contract or
34.20agreement with a business covered by this paragraph unless the business has a certificate
34.21of compliance issued by the commissioner under paragraph (a) or the business certifies
34.22that it is in compliance with federal affirmative action requirements.
34.23 (c) This section does not apply to contracts entered into by the State Board of
34.24Investment for investment options under section
34.25 Sec. 8. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:
34.26 Subd. 2. Filing fee; account; appropriation. The commissioner shall collect
34.27a
34.28commissioner's designated agent. The proceeds of the fee must be deposited in a
34.29human rights fee special revenue account. Money in the account is appropriated to the
34.30commissioner to fund the cost of issuing certificates and investigating grievances.
34.31 Sec. 9. Minnesota Statutes 2012, section 480A.02, subdivision 7, is amended to read:
34.32 Subd. 7. Compensation; travel expenses. (a) The salary of a judge of the Court of
34.33Appeals shall be as provided by section
35.1 travel expenses shall be paid by the state in the same manner and amount as provided for
35.2judges of the district court in section
35.3(b) For any judge of the Court of Appeals whose permanent place of residence
35.4is more than 50 miles from the judge's permanent chambers in St. Paul, in addition to
35.5travel expenses provided in paragraph (a), the judge shall be reimbursed for the following
35.6expenses during the judge's term of service on the Court of Appeals:
35.7(1) housing expenses in an amount prescribed by judicial council policy, but not
35.8less than $1,000 per month; and
35.9(2) mileage for travel from the judge's permanent place of residence to and from
35.10the judge's permanent chambers charged at the current United States Internal Revenue
35.11Service reimbursement rate.
35.12Reimbursable expenses under this paragraph shall be paid by the state in the same manner
35.13as provided for judges of the district court in section 484.54, subdivision 3.
35.14(c) Paragraph (b) expires June 30, 2019.
35.15EFFECTIVE DATE.This section is effective July 1, 2014.
35.16 Sec. 10. Minnesota Statutes 2012, section 609.3455, is amended by adding a
35.17subdivision to read:
35.18 Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
35.19provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
35.20609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court shall
35.21commit the defendant to the commissioner of corrections for not less than three years, nor
35.22more than the maximum sentence provided by law for the offense for which convicted,
35.23notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may
35.24stay the execution of the sentence imposed under this subdivision only if it finds that a
35.25professional assessment indicates the offender is accepted by and can respond to treatment
35.26at a long-term inpatient program exclusively treating sex offenders and approved by the
35.27commissioner of corrections. If the court stays the execution of a sentence, it shall include
35.28the following as conditions of probation:
35.29(1) incarceration in a local jail or workhouse; and
35.30(2) a requirement that the offender successfully complete the treatment program and
35.31aftercare as directed by the court.
35.32EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
35.33committed on or after that date.
36.1 Sec. 11. Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3,
36.2is amended to read:
| 36.3 |
Subd. 3.Civil Legal Services |
11,016,000 |
11,016,000 |
||||
36.5Clients in Family Law Matters. Of this
36.6appropriation, $877,000 each year is to
36.7improve the access of low-income clients to
36.8legal representation in family law matters.
36.9This appropriation must be distributed
36.10under Minnesota Statutes, section
36.11to the qualified legal services programs
36.12described in Minnesota Statutes, section
36.14unencumbered balance remaining in the first
36.15year does not cancel and is available in the
36.16second year.
36.17
36.18
36.19
36.20
36.21 Sec. 12. JUDICIAL SALARY INCREASE.
36.22(a) The salaries of Supreme Court justices, Court of Appeals judges, and district court
36.23judges are increased by three percent on July 1, 2013, and by three percent on July 1, 2014.
36.24(b) In addition to the increases specified in paragraph (a), the salaries of Supreme
36.25Court justices, Court of Appeals judges, and district court judges are increased by one
36.26percent on July 1, 2013, if legislation to increase pension fund contribution rates by judges
36.27by one percent has been enacted into law by July 1, 2013. If the salary increases described
36.28in this paragraph do not take effect, the amount necessary to fund this portion of the salary
36.29increase is canceled to the general fund from the appropriations in article 1, sections 3 to 5.
36.30 Sec. 13. INTERAGENCY AGREEMENT.
36.31The commissioner of corrections shall execute an interagency agreement with the
36.32commissioner of human services to pay the medical assistance cost attributable to medical
36.33assistance eligibility for inmates of public institutions admitted to hospitals on an inpatient
37.1basis. The amount that must be paid by the Department of Corrections shall include all
37.2state medical assistance costs, including administrative costs, attributable to inmates under
37.3state and county jurisdiction admitted to hospitals on an inpatient basis.
37.4 Sec. 14. JUVENILE JUSTICE SYSTEM REPORT.
37.5(a) The following shall appoint representatives to discuss issues specified in
37.6paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI)
37.7and others designated by NAMI: the commissioners of human services, corrections,
37.8and education; a district court judge designated by the Supreme Court; the Minnesota
37.9County Attorneys Association; the state public defender; the Indian Affairs Council;
37.10the Minnesota County Probation Officers Association; and the Minnesota Association
37.11of Community Corrections Act Counties.
37.12(b) The issues to be discussed are:
37.13(1) shared statewide outcome goals for children in the juvenile justice system and
37.14their families, such as academic success, successful transitions to adulthood, and lower
37.15recidivism rates;
37.16(2) the continuum of service necessary to ensure quality care that meets the complex
37.17needs of children in the juvenile justice system and their families;
37.18(3) strategies for early identification of and response to needs related to juvenile
37.19justice outcomes, including in the areas of trauma, mental and physical health, chemical
37.20dependency, traumatic brain injury, developmental disabilities, education, family needs,
37.21housing, employment, and any other areas identified by the work group;
37.22(4) changes needed to ensure coordinated delivery of quality services to
37.23meet the individual needs of each child in the system, particularly in the areas of
37.24information-sharing, service shortages, and cost pressures;
37.25(5) changes needed to ensure coordination between delinquency and CHIPS cases,
37.26schools, the children's mental health system, and any other relevant entities for children
37.27involved in multiple systems;
37.28(6) changes to any rules and statutes that create barriers to achieving the shared
37.29outcomes agreed upon by the work group;
37.30(7) an implementation plan to achieve integrated service delivery across systems and
37.31across the public, private, and nonprofit sectors;
37.32(8) an implementation plan to accomplish the shared outcomes agreed upon by
37.33the work group; and
37.34(9) financing mechanisms that include all possible revenue sources to maximize
37.35federal, state, and local funding and promote cost efficiencies and sustainability.
38.1(c) The National Alliance on Mental Illness shall report to the legislature on
38.2results of discussions under this section by February 15, 2014, after consulting with the
38.3commissioners of human services, corrections, and education.
38.4 Sec. 15. REPEALER.
38.5Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.
38.8 Section 1. Minnesota Statutes 2012, section 241.301, is amended to read:
38.9241.301 FINGERPRINTS OF INMATES, PAROLEES, AND PROBATIONERS
38.10FROM OTHER STATES.
38.11 The commissioner of corrections shall establish procedures so that whenever this
38.12state receives an inmate, parolee, or probationer from another state under sections
38.14are obtained and forwarded
38.15into a Bureau of Criminal Apprehension-managed searchable database within 24 hours
38.16of receipt. The bureau shall convert the fingerprints and thumbprints into an electronic
38.17format for entry into the searchable database within three business days of receipt if the
38.18data is not entered by the commissioner.
38.19 Sec. 2. Minnesota Statutes 2012, section 253B.24, is amended to read:
38.20253B.24 TRANSMITTAL OF DATA TO NATIONAL INSTANT CRIMINAL
38.21BACKGROUND CHECK SYSTEM.
38.22When a court:
38.23(1) commits a person under this chapter as being mentally ill, developmentally
38.24disabled, mentally ill and dangerous, or chemically dependent;
38.25(2) determines in a criminal case that a person is incompetent to stand trial or not
38.26guilty by reason of mental illness; or
38.27(3) restores a person's ability to possess a firearm under section
38.281d
38.29the court shall ensure that this information is electronically transmitted
38.30
38.31Check System.
38.32 Sec. 3. Minnesota Statutes 2012, section 299C.10, subdivision 1, is amended to read:
39.1 Subdivision 1. Required fingerprinting. (a) Sheriffs, peace officers, and
39.2community corrections agencies operating secure juvenile detention facilities shall take
39.3or cause to be taken immediately finger and thumb prints, photographs, distinctive
39.4physical mark identification data, information on any known aliases or street names, and
39.5other identification data requested or required by the superintendent of the bureau, of
39.6the following:
39.7(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
39.8gross misdemeanor, or targeted misdemeanor;
39.9(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
39.10for, or alleged to have committed felonies or gross misdemeanors as distinguished from
39.11those committed by adult offenders;
39.12(3) adults and juveniles admitted to jails or detention facilities;
39.13(4) persons reasonably believed by the arresting officer to be fugitives from justice;
39.14(5) persons in whose possession, when arrested, are found concealed firearms or
39.15other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
39.16machines, or appliances usable for an unlawful purpose and reasonably believed by the
39.17arresting officer to be intended for such purposes;
39.18(6) juveniles referred by a law enforcement agency to a diversion program for a
39.19felony or gross misdemeanor offense; and
39.20(7) persons currently involved in the criminal justice process, on probation, on
39.21parole, or in custody for any offense whom the superintendent of the bureau identifies as
39.22being the subject of a court disposition record which cannot be linked to an arrest record,
39.23and whose fingerprints are necessary to reduce the number of suspense files, or to comply
39.24with the mandates of section
39.25files. This duty to obtain fingerprints for the offenses in suspense at the request of the
39.26bureau shall include the requirement that fingerprints be taken in post-arrest interviews,
39.27while making court appearances, while in custody, or while on any form of probation,
39.28diversion, or supervised release.
39.29(b) Unless the superintendent of the bureau requires a shorter period, within 24
39.30hours of taking the fingerprints and data, the fingerprint records and other identification
39.31data specified under paragraph (a) must be
39.32
39.33may be prescribed by the superintendent.
39.34(c) Prosecutors, courts, and probation officers and their agents, employees, and
39.35subordinates shall attempt to ensure that the required identification data is taken on a
40.1person described in paragraph (a). Law enforcement may take fingerprints of an individual
40.2who is presently on probation.
40.3(d) Finger and thumb prints must be obtained no later than:
40.4(1) release from booking; or
40.5(2) if not booked prior to acceptance of a plea of guilty or not guilty.
40.6Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
40.7prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
40.8and thumb prints have not been successfully received by the bureau, an individual may,
40.9upon order of the court, be taken into custody for no more than eight hours so that the
40.10taking of prints can be completed. Upon notice and motion of the prosecuting attorney,
40.11this time period may be extended upon a showing that additional time in custody is
40.12essential for the successful taking of prints.
40.13(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
40.14of section
40.16privacy),
40.17or
40.18 Sec. 4. Minnesota Statutes 2012, section 299C.10, subdivision 3, is amended to read:
40.19 Subd. 3. Bureau duty. The bureau must
40.20entry in the criminal records system
40.21and other identification data within
40.22received under this section if the fingerprints, thumbprints, and other identification data
40.23were not electronically entered by a criminal justice agency.
40.24 Sec. 5. Minnesota Statutes 2012, section 299C.11, subdivision 1, is amended to read:
40.25 Subdivision 1. Identification data other than DNA. (a) Each sheriff and chief of
40.26police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
40.27such finger and thumb prints, photographs, distinctive physical mark identification data,
40.28information on known aliases and street names, and other identification data as may be
40.29requested or required by the superintendent of the bureau, which must be taken under the
40.30provisions of section
40.31identification data to the bureau for individuals found to have been convicted of a felony,
40.32gross misdemeanor, or targeted misdemeanor, within the ten years immediately preceding
40.33their arrest. When the bureau learns that an individual who is the subject of a background
40.34check has used, or is using, identifying information, including, but not limited to, name
41.1and date of birth, other than those listed on the criminal history, the bureau
41.2convert into an electronic format, if necessary, and enter into a bureau-managed searchable
41.3database the new identifying information
41.4fingerprints within three business days of learning the information if the information is
41.5not entered by a law enforcement agency.
41.6(b) No petition under chapter 609A is required if the person has not been convicted
41.7of any felony or gross misdemeanor, either within or without the state, within the period
41.8of ten years immediately preceding the determination of all pending criminal actions or
41.9proceedings in favor of the arrested person, and either of the following occurred:
41.10(1) all charges were dismissed prior to a determination of probable cause; or
41.11(2) the prosecuting authority declined to file any charges and a grand jury did not
41.12return an indictment.
41.13Where these conditions are met, the bureau or agency shall, upon demand, return to
41.14the arrested person finger and thumb prints, photographs, distinctive physical mark
41.15identification data, information on known aliases and street names, and other identification
41.16data, and all copies and duplicates of them.
41.17(c) Except as otherwise provided in paragraph (b), upon the determination of all
41.18pending criminal actions or proceedings in favor of the arrested person, and the granting
41.19of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
41.20thumb prints, photographs, distinctive physical mark identification data, information on
41.21known aliases and street names, and other identification data, and all copies and duplicates
41.22of them if the arrested person has not been convicted of any felony or gross misdemeanor,
41.23either within or without the state, within the period of ten years immediately preceding
41.24such determination.
41.25 Sec. 6. Minnesota Statutes 2012, section 299C.14, is amended to read:
41.26299C.14 INFORMATION ON RELEASED PRISONER.
41.27It shall be the duty of the officials having charge of the penal institutions of the state
41.28or the release of prisoners therefrom to furnish to the bureau, as the superintendent may
41.29require, finger and thumb prints, photographs, distinctive physical mark identification
41.30data, other identification data, modus operandi reports, and criminal records of prisoners
41.31heretofore, now, or hereafter confined in such penal institutions, together with the period
41.32of their service and the time, terms, and conditions of their discharge. This duty to furnish
41.33information includes, but is not limited to, requests for fingerprints as the superintendent of
41.34the bureau deems necessary to maintain and ensure the accuracy of the bureau's criminal
41.35history files, to reduce the number of suspense files, or to comply with the mandates
42.1of section
42.2disposition record is received that cannot be linked to an arrest record. The officials shall
42.3electronically enter the information in a bureau-managed searchable database within 24
42.4hours of a prisoner's date of release or discharge. The bureau shall convert the information
42.5into an electronic format and enter it into the searchable database within three business
42.6days of the date of receipt, if the information is not entered by the officials.
42.7 Sec. 7. Minnesota Statutes 2012, section 299C.17, is amended to read:
42.8299C.17 REPORT BY COURT ADMINISTRATOR.
42.9The superintendent shall
42.10
42.11targeted misdemeanor to
42.12
42.13
42.14 providing information
42.15the prosecution and disposition of criminal cases. A copy of the report shall be kept on
42.16file in the office of the court administrator.
42.17 Sec. 8. Minnesota Statutes 2012, section 624.713, subdivision 3, is amended to read:
42.18 Subd. 3. Notice. (a) When a person is convicted of, or adjudicated delinquent or
42.19convicted as an extended jurisdiction juvenile for committing, a crime of violence as
42.20defined in section
42.21defendant is prohibited from possessing a pistol or semiautomatic military-style assault
42.22weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
42.23this prohibition. The failure of the court to provide this information to a defendant does
42.24not affect the applicability of the pistol or semiautomatic military-style assault weapon
42.25possession prohibition or the felony penalty to that defendant.
42.26(b) When a person, including a person under the jurisdiction of the juvenile court, is
42.27charged with committing a crime of violence and is placed in a pretrial diversion program
42.28by the court before disposition, the court shall inform the defendant that: (1) the defendant
42.29is prohibited from possessing a pistol or semiautomatic military-style assault weapon
42.30until the person has completed the diversion program and the charge of committing a
42.31crime of violence has been dismissed; (2) it is a gross misdemeanor offense to violate this
42.32prohibition; and (3) if the defendant violates this condition of participation in the diversion
42.33program, the charge of committing a crime of violence may be prosecuted. The failure of
42.34the court to provide this information to a defendant does not affect the applicability of the
43.1pistol or semiautomatic military-style assault weapon possession prohibition or the gross
43.2misdemeanor penalty to that defendant.
43.3(c) A court shall notify a person subject to subdivision 1, clause (3), of the
43.4prohibitions described in that clause and those described in United States Code, title 18,
43.5sections 922(d)(4) and 922(g)(4).
43.6EFFECTIVE DATE.This section is effective August 1, 2013.
43.7 Sec. 9. Minnesota Statutes 2012, section 624.713, is amended by adding a subdivision
43.8to read:
43.9 Subd. 5. Provision of firearms background check information. (a) When a
43.10court places a person, including a person under the jurisdiction of the juvenile court, who
43.11is charged with committing a crime of violence into a pretrial diversion program before
43.12disposition, the court must ensure that information regarding the person's placement in
43.13that program and the ordered expiration date of that placement is transmitted as soon as
43.14practicable to the National Instant Criminal Background Check System. When a person
43.15successfully completes or discontinues the program, the prosecuting attorney must also
43.16report that fact within 24 hours of receipt to the National Instant Criminal Background
43.17Check System.
43.18(b) The court must report the conviction and duration of the firearms disqualification
43.19imposed as soon as practicable to the National Instant Criminal Background Check
43.20System when a person is convicted of a gross misdemeanor that disqualifies the person
43.21from possessing firearms under the following sections:
43.22(1) 518B.01, subdivision 14;
43.23(2) 609.224, subdivision 3;
43.24(3) 609.2242, subdivision 3;
43.25(4) 609.749, subdivision 8;
43.26(5) 624.713, subdivision 1, clause (11); or
43.27(6) 629.715, subdivision 2.
43.28(c) If the court reports a firearms disqualification based on a charge of violating an
43.29offense listed in paragraph (b), the court must provide notice of the disposition of the charge
43.30to the National Instant Criminal Background Check System within three business days.
43.31EFFECTIVE DATE.This section is effective August 1, 2013.
43.32 Sec. 10. PRIOR CIVIL COMMITMENTS AND FELONY CONVICTIONS.
44.1(a) By July 1, 2014, a court shall electronically enter into the National Instant
44.2Criminal Background Check System information on all persons civilly committed during
44.3the period from January 1, 1994, to September 28, 2010, that has not already been
44.4entered in the system. The information provided under this paragraph must include civil
44.5commitment orders and orders restoring firearms eligibility under Minnesota Statutes,
44.6section 624.713, subdivision 4.
44.7(b) By September 1, 2013, courts and law enforcement agencies shall electronically
44.8enter into a Bureau of Criminal Apprehension-managed database information on all
44.9persons convicted in a Minnesota court of a felony during the years 2008 to 2012 that
44.10has not already been entered in a searchable database. The bureau shall convert into an
44.11electronic format and enter into the searchable database, within three business days of
44.12receipt of the data, all data received from a court or law enforcement agency that is not
44.13entered by the court or agency into a bureau-managed searchable database.
44.14(c) The governor or commissioner of public safety may extend the time for entering
44.15information of prior civil commitments and felony convictions under paragraphs (a) and
44.16(b) for a period not to exceed 60 days for good cause shown.
44.17 Sec. 11. CRIMINAL AND JUVENILE JUSTICE INFORMATION POLICY
44.18GROUP.
44.19The Criminal and Juvenile Justice Information Policy Group shall report to the chairs
44.20and ranking minority members of the house of representatives and senate committees
44.21having jurisdiction over criminal justice policy and funding by January 1, 2014, on the
44.22search capabilities of the Bureau of Criminal Apprehension-managed databases and
44.23recommend how the search capabilities of the databases may be improved with, among
44.24other proposals, an increase in the number of identification data for each person included
44.25in the databases. The group shall also report on the progress made on reducing the number
44.26of bureau suspense files and recommendations to facilitate the reduction of these files. The
44.27group, in consultation with the revisor of statutes, shall review existing law relating to the
44.28timely transmittal and entry of data and propose legislation for the 2014 legislative session
44.29that clarifies, conforms, implements, and resolves any conflicts with this act."
44.30Delete the title and insert:
44.32relating to criminal justice; modifying certain provisions relating to public safety,
44.33courts, guardians and conservators, corrections, offenders, and data integration;
44.34requiring reports; providing for penalties; appropriating money for courts,
44.35Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
44.36Standards, Board of Public Defense, sentencing guidelines, public safety, Peace
44.37Officer Standards and Training (POST) Board, Private Detective Board, human
44.38rights, and corrections;amending Minnesota Statutes 2012, sections 241.301;
45.1243.51, subdivisions 1, 3; 245C.32, subdivision 2; 253B.24; 299A.705, by
45.2adding a subdivision; 299A.73, subdivision 3; 299C.10, subdivisions 1, 3;
45.3299C.11, subdivision 1; 299C.14; 299C.17; 357.021, by adding a subdivision;
45.4363A.36, subdivisions 1, 2; 480A.02, subdivision 7; 524.5-118, subdivision 1, by
45.5adding a subdivision; 524.5-303; 524.5-316; 524.5-403; 524.5-420; 609.3455,
45.6by adding a subdivision; 624.713, subdivision 3, by adding a subdivision;
45.7Laws 2011, First Special Session chapter 1, article 1, section 3, subdivision 3;
45.8proposing coding for new law in Minnesota Statutes, chapter 244; repealing
45.9Minnesota Statutes 2012, section 243.51, subdivision 5."