Minnesota Legislature
SF 671
1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/22/2013 03:16pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to public safety; providing that funds received for out-of-state offenders
1.3incarcerated in Minnesota are appropriated to the Department of Corrections;
1.4modifying certificates of compliance for public contracts; enhancing penalties
1.5for certain repeat criminal sexual conduct offenders; requiring a juvenile justice
1.6system report; appropriating money for public safety, corrections, and human
1.7rights;amending Minnesota Statutes 2012, sections 161.20, subdivision 3;
1.8243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2; 609.3451, subdivision 3;
1.9609.3455, by adding a subdivision; repealing Minnesota Statutes 2012, section
1.10243.51, subdivision 5.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.13The amounts shown in this section summarize direct appropriations, by fund, made
1.14in this article.
1.24The sums shown in the columns marked "Appropriations" are appropriated to the
1.25agencies and for the purposes specified in this act. The appropriations are from the general
1.26fund, or another named fund, and are available for the fiscal years indicated for each
1.27purpose. The figures "2014" and "2015" used in this act mean that the appropriations
2.1listed under them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
2.2respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015.
2.3"The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal year ending
2.4June 30, 2013, are effective the day following final enactment.
2.19The amounts that may be spent for each
2.20purpose are specified in the following
2.21subdivisions.
2.28$604,000 each year is from the fire safety
2.29account in the special revenue fund. These
2.30amounts must be used to fund the hazardous
2.31materials and chemical assessment teams.
2.33$555,000 the first year and $505,000 the
2.34second year from the general fund are to
3.1reinstate the school safety center and to
3.2provide for school safety.
3.10$1,941,000 each year is from the trunk
3.11highway fund for laboratory analysis related
3.12to driving-while-impaired cases.
3.14$3,050,000 the first year and $2,580,000
3.15the second year from the general fund are
3.16to replace the state criminal history system.
3.17This is a onetime appropriation and is
3.18available until expended. Of this amount,
3.19$2,980,000 the first year and $2,580,000
3.20the second year are for a onetime transfer
3.21to the Office of Enterprise Technology for
3.22start-up costs. The commissioner shall enter
3.23a service level agreement with the Office
3.24of Enterprise Technology specifying the
3.25obligations and responsibilities of each party.
3.26Payments shall be made under the rates
3.27and mechanism specified in that agreement.
3.28Ongoing operating and support costs for this
3.29system shall be identified and incorporated
3.30into future service level agreements.
3.31The commissioner is authorized to use funds
3.32appropriated under this paragraph for the
3.33purposes specified in paragraph (c).
4.1$1,360,000 the first year and $1,360,000 the
4.2second year from the general fund are to
4.3replace the state's crime reporting system.
4.4This is a onetime appropriation and is
4.5available until expended. Of these amounts,
4.6$1,360,000 the first year and $1,360,000
4.7the second year are for a onetime transfer
4.8to the Office of Enterprise Technology for
4.9start-up costs. The commissioner shall enter
4.10a service level agreement with the Office
4.11of Enterprise Technology specifying the
4.12obligations and responsibilities of each party.
4.13Payments shall be made under the rates
4.14and mechanism specified in that agreement.
4.15Ongoing operating and support costs for this
4.16system shall be identified and incorporated
4.17into future service level agreements.
4.18The commissioner is authorized to use funds
4.19appropriated under this paragraph for the
4.20purposes specified in paragraph (b).
4.22$125,000 the first year and $125,000 the
4.23second year from the general fund and
4.24$125,000 the first year and $125,000 the
4.25second year from the trunk highway fund are
4.26to replace forensic laboratory equipment at
4.27the Bureau of Criminal Apprehension.
4.28$200,000 the first year and $200,000 the
4.29second year from the general fund and
4.30$200,000 the first year and $200,000 the
4.31second year from the trunk highway fund are
4.32to improve forensic laboratory staffing at the
4.33Bureau of Criminal Apprehension.
5.1$310,000 the first year and $389,000 the
5.2second year from the general fund are to
5.3maintain Livescan fingerprinting machines.
5.5The Bureau of Criminal Apprehension
5.6general fund base is increased by $3,470,000
5.7in fiscal year 2016 and decreased by
5.8$643,000 in fiscal year 2017.
5.10$2,500,000 the first year and $2,500,000
5.11the second year are transferred from the
5.12vehicle services special revenue account to
5.13the general fund.
5.15This appropriation is from the fire safety
5.16account in the special revenue fund and is for
5.17activities under Minnesota Statutes, section
5.18299F.012.
5.19Of this amount: (1) $7,187,000 each year
5.20is for activities under Minnesota Statutes,
5.21section 299F.012; and (2) $2,368,000 the first
5.22year and $2,368,000 the second year are for
5.23transfers to the general fund under Minnesota
5.24Statutes, section 297I.06, subdivision 3.
5.29$653,000 each year is from the alcohol
5.30enforcement account in the special revenue
5.31fund. Of this appropriation, $500,000 each
5.32year shall be transferred to the general fund.
6.1$250,000 each year is appropriated from the
6.2lawful gambling regulation account in the
6.3special revenue fund.
6.10Up to 2.5 percent of the grant funds
6.11appropriated in this subdivision may be used
6.12by the commissioner to administer the grant
6.13program.
6.15$1,500,000 each year must be distributed
6.16through an open and competitive grant
6.17process for existing crime victim programs.
6.18The funds must be used to meet the needs
6.19of underserved and unserved areas and
6.20populations.
6.22$150,000 in fiscal year 2014 and $150,000
6.23in fiscal year 2015 from the general fund
6.24are to the commissioner of public safety for
6.25a grant to the community offender reentry
6.26program for assisting individuals to transition
6.27from incarceration to the communities in
6.28and around Duluth, including assistance in
6.29finding housing, employment, educational
6.30opportunities, counseling, and other
6.31resources. This is a onetime appropriation.
6.33$461,000 each year is for youth intervention
6.34programs under Minnesota Statutes, section
7.1299A.73. This amount must be added to the
7.2department's base budget for grants to youth
7.3intervention programs.
7.4(e) Sexually Exploited Youth; Law
7.5Enforcement and Prosecution Training.
7.6$375,000 each year is for a grant to Ramsey
7.7County to be used by the Ramsey County
7.8Attorney's Office to:
7.9(1) develop a statewide model protocol for
7.10law enforcement, prosecutors, and others,
7.11who in their professional capacity encounter
7.12sexually exploited and trafficked youth, on
7.13identifying and intervening with sexually
7.14exploited and trafficked youth;
7.15(2) conduct statewide training for law
7.16enforcement and prosecutors on the model
7.17protocol and the Safe Harbor Law described
7.18in Laws 2011, First Special Session chapter
7.191, article 4, as modified by Senate File No.
7.20384, article 2, if enacted; and
7.21(3) develop and disseminate to law
7.22enforcement, prosecutors, and others, who
7.23in their professional capacity encounter
7.24sexually exploited and trafficked youth, on
7.25investigative best practices to identify sex
7.26trafficked victims and traffickers.
7.27The Ramsey County attorney may use the
7.28money appropriated in this paragraph to
7.29partner with other entities to implement
7.30clauses (1) to (3).
7.31By January 15, 2015, the Ramsey County
7.32Attorney's Office shall report to the chairs
7.33and ranking minority members of the senate
7.34and house of representatives committees and
8.1divisions having jurisdiction over criminal
8.2justice policy and funding on how this
8.3appropriation was spent.
8.4In fiscal year 2016 and thereafter, $375,000
8.5is available each year for grants to local law
8.6enforcement and prosecuting authorities for
8.7training on sexually exploited and trafficked
8.8youth including effectively identifying
8.9sex trafficked victims and traffickers,
8.10investigation techniques, and assisting
8.11sexually exploited youth.
8.13This appropriation is from the state
8.14government special revenue fund for 911
8.15emergency telecommunications services.
8.17$13,664,000 each year is to be distributed
8.18as provided in Minnesota Statutes, section
8.19403.113, subdivision 2.
8.21$683,000 each year is for grants to the
8.22Minnesota Emergency Medical Services
8.23Regulatory Board for the Metro East
8.24and Metro West Medical Resource
8.25Communication Centers that were in
8.26operation before January 1, 2000.
8.28$23,261,000 each year is to the commissioner
8.29of management and budget to pay debt
8.30service on revenue bonds issued under
8.31Minnesota Statutes, section 403.275.
8.32Any portion of this appropriation not needed
8.33to pay debt service in a fiscal year may be
9.1used by the commissioner of public safety to
9.2pay cash for any of the capital improvements
9.3for which bond proceeds were appropriated
9.4by Laws 2005, chapter 136, article 1, section
9.59, subdivision 8; or Laws 2007, chapter 54,
9.6article 1, section 10, subdivision 8.
9.8$9,250,000 the first year and $9,650,00 the
9.9second year are to the commissioner of
9.10transportation for costs of maintaining and
9.11operating the first and third phases of the
9.12statewide radio system backbone.
9.14$1,000,000 each year is to the Statewide
9.15Radio Board for costs of design, construction,
9.16and maintenance of, and improvements
9.17to, those elements of the statewide public
9.18safety radio and communication system
9.19that support mutual aid communications
9.20and emergency medical services or provide
9.21interim enhancement of public safety
9.22communication interoperability in those
9.23areas of the state where the statewide public
9.24safety radio and communication system is
9.25not yet implemented.
9.33(a) Excess Amounts Transferred
10.1This appropriation is from the peace officer
10.2training account in the special revenue fund.
10.3Any new receipts credited to that account in
10.4each year in excess of $3,770,000 must be
10.5transferred and credited to the general fund.
10.6(b) Peace Officer Training
10.7Reimbursements
10.8$2,634,000 each year is for reimbursements
10.9to local governments for peace officer
10.10training costs.
10.11(c) Training; sexually exploited and
10.12trafficked youth. Of this appropriation,
10.13$100,000 in fiscal year 2014 is for
10.14reimbursements to local governments for
10.15peace officer training costs on sexually
10.16exploited and trafficked youth, including
10.17effectively identifying sex trafficked victims
10.18and traffickers, investigation techniques, and
10.19assisting sexually exploited youth.
10.20Reimbursement shall be provided on a flat
10.21fee basis of $100 per diem per officer. This
10.22is a onetime appropriation that is available
10.23until spent.
10.26$129,000 each year is for increased
10.27compliance activities.
10.30The amounts that may be spent for each
10.31purpose are specified in the following
10.32subdivisions.
11.3Of this appropriation, $1,500,000 each year
11.4is to fund additional sex offender treatment
11.5beds and shall not be used for any other
11.6purpose. The funds appropriated in this
11.7paragraph are to supplement current funding
11.8for sex offender treatment and shall not be
11.9used to supplant current funding for sex
11.10offender treatment.
11.12Notwithstanding Minnesota Statutes, section
11.13241.27, the commissioner of management
11.14and budget shall transfer $1,300,000 the first
11.15year and $1,300,000 the second year from the
11.16Minnesota correctional industries revolving
11.17fund to the general fund. These are onetime
11.18transfers.
11.21 Sec. 8. Minnesota Statutes 2012, section 161.20, subdivision 3, is amended to read:
11.22 Subd. 3. Trunk highway fund appropriations. The commissioner may expend
11.23trunk highway funds only for trunk highway purposes. Payment of expenses related
11.24toBureau of Criminal Apprehension laboratory, Explore Minnesota Tourism kiosks,
11.25Minnesota Safety Council, tort claims, driver education programs, Emergency Medical
11.26Services Board, Mississippi River Parkway Commission, and personnel costs incurred on
11.27behalf of the Governor's Office do not further a highway purpose and do not aid in the
11.28construction, improvement, or maintenance of the highway system.
11.29 Sec. 9. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:
11.30 Subdivision 1. Contracting with other states and federal government. The
11.31commissioner of corrections is hereby authorized to contract with agencies and bureaus of
11.32the United States and with the proper officials of other states or a county of this state for
12.1the custody, care, subsistence, education, treatment and training of persons convicted of
12.2criminal offenses constituting felonies in the courts of this state, the United States, or other
12.3states of the United States.Such The contracts shall provide for reimbursing the state of
12.4Minnesota for all costs or other expenses involved, and, to the extent possible, require
12.5payment to the Department of Corrections of a per diem amount that is substantially equal
12.6to or greater than the per diem for the cost of housing Minnesota inmates at the same
12.7facility. This per diem cost shall be based on the assumption that the facility is at or
12.8near capacity. Funds received under the contracts shall be deposited in the state treasury
12.9and are appropriated to the commissioner of corrections for correctional purposes. Any
12.10prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
12.11to the terms and conditions of the prisoner's original sentence as if the prisoner were
12.12serving the same within the confines of the state in which the conviction and sentence was
12.13had or in the custody of the United States. Nothing herein shall deprivesuch the inmate of
12.14the right to parole or the rights to legal process in the courts of this state.
12.15 Sec. 10. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:
12.16 Subd. 3. Temporary detention. The commissioner of corrections is authorized to
12.17contract with agencies and bureaus of the United States and with the appropriate officials
12.18of any other state or county of this state for the temporary detention of any person in
12.19custody pursuant to any process issued under the authority of the United States, other
12.20states of the United States, or the district courts of this state. The contract shall provide for
12.21reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
12.22extent possible, require payment to the Department of Corrections of a per diem amount
12.23that is substantially equal to or greater than the per diem for the cost of housing Minnesota
12.24inmates at the same facility. This per diem cost shall be based on the assumption that the
12.25facility is at or near capacity. Funds received under the contracts shall be deposited in the
12.26state treasury and are appropriated to the commissioner of corrections for correctional
12.27purposes.
12.28 Sec. 11. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
12.29 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
12.30excess of $100,000, no department or agency of the state shall accept any bid or proposal
12.31for a contract or agreement from any business having more than 40 full-time employees
12.32within this state on a single working day during the previous 12 months, unless the
12.33commissioner is in receipt of the business' affirmative action plan for the employment of
12.34minority persons, women, and qualified disabled individuals. No department or agency of
13.1the state shall execute any such contract or agreement until the affirmative action plan
13.2has been approved by the commissioner. Receipt of a certificate of compliance issued by
13.3the commissioner shall signify that a firm or business has an affirmative action plan that
13.4has been approved by the commissioner. A certificate shall be valid for a period oftwo
13.5 four years. A municipality as defined in section466.01, subdivision 1 , that receives state
13.6money for any reason is encouraged to prepare and implement an affirmative action plan
13.7for the employment of minority persons, women, and the qualified disabled and submit the
13.8plan to the commissioner.
13.9 (b) This paragraph applies to a contract for goods or services in excess of $100,000
13.10to be entered into between a department or agency of the state and a business that is
13.11not subject to paragraph (a), but that has more than 40 full-time employees on a single
13.12working day during the previous 12 months in the state where the business has its primary
13.13place of business. A department or agency of the state may not execute a contract or
13.14agreement with a business covered by this paragraph unless the business has a certificate
13.15of compliance issued by the commissioner under paragraph (a) or the business certifies
13.16that it is in compliance with federal affirmative action requirements.
13.17 (c) This section does not apply to contracts entered into by the State Board of
13.18Investment for investment options under section352.965, subdivision 4 .
13.19 Sec. 12. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:
13.20 Subd. 2. Filing fee; account; appropriation. The commissioner shall collect
13.21a$75 $150 fee for each certificate of compliance issued by the commissioner or the
13.22commissioner's designated agent. The proceeds of the fee must be deposited in a
13.23human rights fee special revenue account. Money in the account is appropriated to the
13.24commissioner to fund the cost of issuing certificates and investigating grievances.
13.25 Sec. 13. Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:
13.26 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to imprisonment
13.27for not more than five years or to payment of a fine of not more than $10,000, or both,
13.28if the person violatessubdivision 1, clause (2) this section, after having been previously
13.29convicted of or adjudicated delinquent for violatingsubdivision 1, clause (2) this section;
13.30section sections 609.342 to 609.345; 609.3453; 609.352;
617.23, subdivision 2 , clause (1)
13.31 or 3; 617.246; or 617.247; or a statute from another state in conformitywith subdivision 1,
13.32clause (2), or section
617.23, subdivision 2, clause (1) with any of those sections.
13.33EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.34committed on or after that date.
14.1 Sec. 14. Minnesota Statutes 2012, section 609.3455, is amended by adding a
14.2subdivision to read:
14.3 Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
14.4provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
14.5609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court
14.6shall commit the defendant to the commissioner of corrections for not less than three
14.7years, nor more than the maximum sentence provided by law for the offense for which
14.8convicted, notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The
14.9court may stay the execution of the sentence if it finds that a stay is in the best interest
14.10of the complainant or the family unit, and a professional assessment indicates that the
14.11offender has been accepted by and can respond to a treatment program. If the court stays
14.12execution of sentence, it shall include the following as conditions of probation:
14.13(1) incarceration in a local jail or workhouse;
14.14(2) a requirement that the offender complete a treatment program; and
14.15(3) a requirement that the offender have no unsupervised contact with the
14.16complainant until the offender has successfully completed the treatment program unless
14.17approved by the treatment program and the supervising correctional agent.
14.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to all
14.19crimes committed on or after that date.
14.20 Sec. 15. JUVENILE JUSTICE SYSTEM REPORT.
14.21(a) The following shall appoint representatives to discuss issues specified in
14.22paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI)
14.23and others designated by NAMI: the commissioners of human services, corrections,
14.24and education; a district court judge designated by the Supreme Court; the Minnesota
14.25County Attorneys Association; the state public defender; the Indian Affairs Council;
14.26the Minnesota County Probation Officers Association; and the Minnesota Association
14.27of Community Corrections Act Counties.
14.28(b) The issues to be discussed are:
14.29(1) shared statewide outcome goals for children in the juvenile justice system and
14.30their families, such as academic success, successful transitions to adulthood, and lower
14.31recidivism rates;
14.32(2) the continuum of service necessary to ensure quality care that meets the complex
14.33needs of children in the juvenile justice system and their families;
14.34(3) strategies for early identification of and response to needs related to juvenile
14.35justice outcomes, including in the areas of trauma, mental and physical health, chemical
15.1dependency, traumatic brain injury, developmental disabilities, education, family needs,
15.2housing, employment, and any other areas identified by the work group;
15.3(4) changes needed to ensure coordinated delivery of quality services to
15.4meet the individual needs of each child in the system, particularly in the areas of
15.5information-sharing, service shortages, and cost pressures;
15.6(5) changes needed to ensure coordination between delinquency and CHIPS cases,
15.7schools, the children's mental health system, and any other relevant entities for children
15.8involved in multiple systems;
15.9(6) changes to any rules and statutes that create barriers to achieving the shared
15.10outcomes agreed upon by the work group;
15.11(7) an implementation plan to achieve integrated service delivery across systems and
15.12across the public, private, and nonprofit sectors;
15.13(8) an implementation plan to accomplish the shared outcomes agreed upon by
15.14the work group; and
15.15(9) financing mechanisms that include all possible revenue sources to maximize
15.16federal, state, and local funding and promote cost efficiencies and sustainability.
15.17(c) The National Alliance on Mental Illness shall report to the legislature on
15.18results of discussions under this section by February 15, 2014, after consulting with the
15.19commissioners of human services, corrections, and education.
15.20 Sec. 16. REPEALER.
15.21Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.
1.3incarcerated in Minnesota are appropriated to the Department of Corrections;
1.4modifying certificates of compliance for public contracts; enhancing penalties
1.5for certain repeat criminal sexual conduct offenders; requiring a juvenile justice
1.6system report; appropriating money for public safety, corrections, and human
1.7rights;amending Minnesota Statutes 2012, sections 161.20, subdivision 3;
1.8243.51, subdivisions 1, 3; 363A.36, subdivisions 1, 2; 609.3451, subdivision 3;
1.9609.3455, by adding a subdivision; repealing Minnesota Statutes 2012, section
1.10243.51, subdivision 5.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.12 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.14in this article.
| 1.23 |
Sec. 2. PUBLIC SAFETY APPROPRIATIONS. |
||||||
1.25agencies and for the purposes specified in this act. The appropriations are from the general
1.26fund, or another named fund, and are available for the fiscal years indicated for each
1.27purpose. The figures "2014" and "2015" used in this act mean that the appropriations
2.1listed under them are available for the fiscal year ending June 30, 2014, or June 30, 2015,
2.2respectively. "The first year" is fiscal year 2014. "The second year" is fiscal year 2015.
2.3"The biennium" is fiscal years 2014 and 2015. Appropriations for the fiscal year ending
2.4June 30, 2013, are effective the day following final enactment.
| 2.5 |
APPROPRIATIONS |
||||||
| 2.6 |
Available for the Year |
||||||
| 2.7 |
Ending June 30 |
||||||
| 2.8 |
2014 |
2015 |
|||||
| 2.9 |
Sec. 3. PUBLIC SAFETY |
||||||
| 2.10 |
Subdivision 1.Total Appropriation |
$ |
157,621,000 |
$ |
161,925,000 |
||
2.20purpose are specified in the following
2.21subdivisions.
| 2.22 |
Subd. 2.Emergency Management |
3,079,000 |
3,029,000 |
||||
| 2.23 |
Appropriations by Fund |
||
| 2.24 |
General |
2,406,000 |
2,356,000 |
| 2.25 |
Special Revenue |
604,000 |
604,000 |
| 2.26 |
Environmental |
69,000 |
69,000 |
| 2.27 |
(a) Hazmat and Chemical Assessment Teams |
||||||
2.29account in the special revenue fund. These
2.30amounts must be used to fund the hazardous
2.31materials and chemical assessment teams.
| 2.32 |
(b) School Safety |
||||||
2.34second year from the general fund are to
3.1reinstate the school safety center and to
3.2provide for school safety.
| 3.3 |
Subd. 3.Criminal Apprehension |
47,588,000 |
47,197,000 |
||||
| 3.4 |
Appropriations by Fund |
||
| 3.5 |
General |
45,315,000 |
44,924,000 |
| 3.6 3.7 |
State Government Special Revenue |
7,000 |
7,000 |
| 3.8 |
Trunk Highway |
2,266,000 |
2,266,000 |
| 3.9 |
(a) DWI Lab Analysis; Trunk Highway Fund |
||||||
3.11highway fund for laboratory analysis related
3.12to driving-while-impaired cases.
| 3.13 |
(b) Criminal History System |
||||||
3.15the second year from the general fund are
3.16to replace the state criminal history system.
3.17This is a onetime appropriation and is
3.18available until expended. Of this amount,
3.19$2,980,000 the first year and $2,580,000
3.20the second year are for a onetime transfer
3.21to the Office of Enterprise Technology for
3.22start-up costs. The commissioner shall enter
3.23a service level agreement with the Office
3.24of Enterprise Technology specifying the
3.25obligations and responsibilities of each party.
3.26Payments shall be made under the rates
3.27and mechanism specified in that agreement.
3.28Ongoing operating and support costs for this
3.29system shall be identified and incorporated
3.30into future service level agreements.
3.31The commissioner is authorized to use funds
3.32appropriated under this paragraph for the
3.33purposes specified in paragraph (c).
| 3.34 |
(c) Criminal Reporting System |
||||||
4.2second year from the general fund are to
4.3replace the state's crime reporting system.
4.4This is a onetime appropriation and is
4.5available until expended. Of these amounts,
4.6$1,360,000 the first year and $1,360,000
4.7the second year are for a onetime transfer
4.8to the Office of Enterprise Technology for
4.9start-up costs. The commissioner shall enter
4.10a service level agreement with the Office
4.11of Enterprise Technology specifying the
4.12obligations and responsibilities of each party.
4.13Payments shall be made under the rates
4.14and mechanism specified in that agreement.
4.15Ongoing operating and support costs for this
4.16system shall be identified and incorporated
4.17into future service level agreements.
4.18The commissioner is authorized to use funds
4.19appropriated under this paragraph for the
4.20purposes specified in paragraph (b).
| 4.21 |
(d) Forensic Laboratory |
||||||
4.23second year from the general fund and
4.24$125,000 the first year and $125,000 the
4.25second year from the trunk highway fund are
4.26to replace forensic laboratory equipment at
4.27the Bureau of Criminal Apprehension.
4.28$200,000 the first year and $200,000 the
4.29second year from the general fund and
4.30$200,000 the first year and $200,000 the
4.31second year from the trunk highway fund are
4.32to improve forensic laboratory staffing at the
4.33Bureau of Criminal Apprehension.
| 4.34 |
(e) Livescan Fingerprinting |
||||||
5.2second year from the general fund are to
5.3maintain Livescan fingerprinting machines.
| 5.4 |
(f) Base adjustment |
||||||
5.6general fund base is increased by $3,470,000
5.7in fiscal year 2016 and decreased by
5.8$643,000 in fiscal year 2017.
| 5.9 |
(g) Transfer |
||||||
5.11the second year are transferred from the
5.12vehicle services special revenue account to
5.13the general fund.
| 5.14 |
Subd. 4.Fire Marshal |
9,555,000 |
9,555,000 |
||||
5.16account in the special revenue fund and is for
5.17activities under Minnesota Statutes, section
5.18299F.012.
5.19Of this amount: (1) $7,187,000 each year
5.20is for activities under Minnesota Statutes,
5.21section 299F.012; and (2) $2,368,000 the first
5.22year and $2,368,000 the second year are for
5.23transfers to the general fund under Minnesota
5.24Statutes, section 297I.06, subdivision 3.
| 5.25 |
Subd. 5.Alcohol and Gambling Enforcement |
2,485,000 |
2,485,000 |
||||
| 5.26 |
Appropriations by Fund |
||
| 5.27 |
General |
1,582,000 |
1,582,000 |
| 5.28 |
Special Revenue |
903,000 |
903,000 |
5.30enforcement account in the special revenue
5.31fund. Of this appropriation, $500,000 each
5.32year shall be transferred to the general fund.
6.1$250,000 each year is appropriated from the
6.2lawful gambling regulation account in the
6.3special revenue fund.
| 6.4 |
Subd. 6.Office of Justice Programs |
35,542,000 |
35,542,000 |
||||
| 6.5 |
Appropriations by Fund |
||
| 6.6 |
General |
35,446,000 |
35,446,000 |
| 6.7 6.8 |
State Government Special Revenue |
96,000 |
96,000 |
| 6.9 |
(a) OJP Administration Costs |
||||||
6.11appropriated in this subdivision may be used
6.12by the commissioner to administer the grant
6.13program.
| 6.14 |
(b) Crime Victim Programs |
||||||
6.16through an open and competitive grant
6.17process for existing crime victim programs.
6.18The funds must be used to meet the needs
6.19of underserved and unserved areas and
6.20populations.
| 6.21 |
(c) Community Offender Reentry Program |
||||||
6.23in fiscal year 2015 from the general fund
6.24are to the commissioner of public safety for
6.25a grant to the community offender reentry
6.26program for assisting individuals to transition
6.27from incarceration to the communities in
6.28and around Duluth, including assistance in
6.29finding housing, employment, educational
6.30opportunities, counseling, and other
6.31resources. This is a onetime appropriation.
| 6.32 |
(d) Youth Intervention Programs |
||||||
6.34programs under Minnesota Statutes, section
7.1299A.73. This amount must be added to the
7.2department's base budget for grants to youth
7.3intervention programs.
7.4(e) Sexually Exploited Youth; Law
7.5Enforcement and Prosecution Training.
7.6$375,000 each year is for a grant to Ramsey
7.7County to be used by the Ramsey County
7.8Attorney's Office to:
7.9(1) develop a statewide model protocol for
7.10law enforcement, prosecutors, and others,
7.11who in their professional capacity encounter
7.12sexually exploited and trafficked youth, on
7.13identifying and intervening with sexually
7.14exploited and trafficked youth;
7.15(2) conduct statewide training for law
7.16enforcement and prosecutors on the model
7.17protocol and the Safe Harbor Law described
7.18in Laws 2011, First Special Session chapter
7.191, article 4, as modified by Senate File No.
7.20384, article 2, if enacted; and
7.21(3) develop and disseminate to law
7.22enforcement, prosecutors, and others, who
7.23in their professional capacity encounter
7.24sexually exploited and trafficked youth, on
7.25investigative best practices to identify sex
7.26trafficked victims and traffickers.
7.27The Ramsey County attorney may use the
7.28money appropriated in this paragraph to
7.29partner with other entities to implement
7.30clauses (1) to (3).
7.31By January 15, 2015, the Ramsey County
7.32Attorney's Office shall report to the chairs
7.33and ranking minority members of the senate
7.34and house of representatives committees and
8.1divisions having jurisdiction over criminal
8.2justice policy and funding on how this
8.3appropriation was spent.
8.4In fiscal year 2016 and thereafter, $375,000
8.5is available each year for grants to local law
8.6enforcement and prosecuting authorities for
8.7training on sexually exploited and trafficked
8.8youth including effectively identifying
8.9sex trafficked victims and traffickers,
8.10investigation techniques, and assisting
8.11sexually exploited youth.
| 8.12 |
Subd. 7.Emergency Communication Networks |
59,138,000 |
63,639,000 |
||||
8.14government special revenue fund for 911
8.15emergency telecommunications services.
| 8.16 |
(a) Public Safety Answering Points |
||||||
8.18as provided in Minnesota Statutes, section
8.19403.113, subdivision 2.
| 8.20 |
(b) Medical Resource Communication Centers |
||||||
8.22Minnesota Emergency Medical Services
8.23Regulatory Board for the Metro East
8.24and Metro West Medical Resource
8.25Communication Centers that were in
8.26operation before January 1, 2000.
| 8.27 |
(c) ARMER Debt Service |
||||||
8.29of management and budget to pay debt
8.30service on revenue bonds issued under
8.31Minnesota Statutes, section 403.275.
8.32Any portion of this appropriation not needed
8.33to pay debt service in a fiscal year may be
9.1used by the commissioner of public safety to
9.2pay cash for any of the capital improvements
9.3for which bond proceeds were appropriated
9.4by Laws 2005, chapter 136, article 1, section
9.59, subdivision 8; or Laws 2007, chapter 54,
9.6article 1, section 10, subdivision 8.
| 9.7 |
(d) ARMER State Backbone Operating Costs |
||||||
9.9second year are to the commissioner of
9.10transportation for costs of maintaining and
9.11operating the first and third phases of the
9.12statewide radio system backbone.
| 9.13 |
(e) ARMER Improvements |
||||||
9.15Radio Board for costs of design, construction,
9.16and maintenance of, and improvements
9.17to, those elements of the statewide public
9.18safety radio and communication system
9.19that support mutual aid communications
9.20and emergency medical services or provide
9.21interim enhancement of public safety
9.22communication interoperability in those
9.23areas of the state where the statewide public
9.24safety radio and communication system is
9.25not yet implemented.
| 9.26 |
Subd. 8.Administration and Related Services |
234,000 |
478,000 |
||||
| 9.27 9.28 |
Sec. 4. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
3,870,000 |
$ |
3,770,000 |
||
| 9.29 |
Appropriations by Fund |
||
| 9.30 |
2014 |
2015 |
|
| 9.31 |
General |
100,000 |
0 |
| 9.32 |
Special Revenue |
3,770,000 |
3,770,000 |
10.1This appropriation is from the peace officer
10.2training account in the special revenue fund.
10.3Any new receipts credited to that account in
10.4each year in excess of $3,770,000 must be
10.5transferred and credited to the general fund.
10.6(b) Peace Officer Training
10.7Reimbursements
10.8$2,634,000 each year is for reimbursements
10.9to local governments for peace officer
10.10training costs.
10.11(c) Training; sexually exploited and
10.12trafficked youth. Of this appropriation,
10.13$100,000 in fiscal year 2014 is for
10.14reimbursements to local governments for
10.15peace officer training costs on sexually
10.16exploited and trafficked youth, including
10.17effectively identifying sex trafficked victims
10.18and traffickers, investigation techniques, and
10.19assisting sexually exploited youth.
10.20Reimbursement shall be provided on a flat
10.21fee basis of $100 per diem per officer. This
10.22is a onetime appropriation that is available
10.23until spent.
| 10.24 |
Sec. 5. PRIVATE DETECTIVE BOARD |
$ |
121,000 |
$ |
122,000 |
||
| 10.25 |
Sec. 6. HUMAN RIGHTS |
$ |
3,322,000 |
$ |
3,348,000 |
||
10.27compliance activities.
| 10.28 |
Sec. 7. DEPARTMENT OF CORRECTIONS |
||||||
| 10.29 |
Subdivision 1.Total Appropriation |
$ |
482,149,000 |
$ |
485,968,000 |
||
10.31purpose are specified in the following
10.32subdivisions.
| 11.1 |
Subd. 2.Correctional Institutions |
346,952,000 |
349,976,000 |
||||
| 11.2 |
(a) Sex Offender Treatment Beds |
||||||
11.4is to fund additional sex offender treatment
11.5beds and shall not be used for any other
11.6purpose. The funds appropriated in this
11.7paragraph are to supplement current funding
11.8for sex offender treatment and shall not be
11.9used to supplant current funding for sex
11.10offender treatment.
| 11.11 |
(b) MINNCOR Transfer |
||||||
11.13241.27, the commissioner of management
11.14and budget shall transfer $1,300,000 the first
11.15year and $1,300,000 the second year from the
11.16Minnesota correctional industries revolving
11.17fund to the general fund. These are onetime
11.18transfers.
| 11.19 |
Subd. 3.Community Services |
112,953,000 |
113,479,000 |
||||
| 11.20 |
Subd. 4.Operations Support |
22,244,000 |
22,513,000 |
||||
11.21 Sec. 8. Minnesota Statutes 2012, section 161.20, subdivision 3, is amended to read:
11.22 Subd. 3. Trunk highway fund appropriations. The commissioner may expend
11.23trunk highway funds only for trunk highway purposes. Payment of expenses related
11.24to
11.25Minnesota Safety Council, tort claims, driver education programs, Emergency Medical
11.26Services Board, Mississippi River Parkway Commission, and personnel costs incurred on
11.27behalf of the Governor's Office do not further a highway purpose and do not aid in the
11.28construction, improvement, or maintenance of the highway system.
11.29 Sec. 9. Minnesota Statutes 2012, section 243.51, subdivision 1, is amended to read:
11.30 Subdivision 1. Contracting with other states and federal government. The
11.31commissioner of corrections is hereby authorized to contract with agencies and bureaus of
11.32the United States and with the proper officials of other states or a county of this state for
12.1the custody, care, subsistence, education, treatment and training of persons convicted of
12.2criminal offenses constituting felonies in the courts of this state, the United States, or other
12.3states of the United States.
12.4Minnesota for all costs or other expenses involved, and, to the extent possible, require
12.5payment to the Department of Corrections of a per diem amount that is substantially equal
12.6to or greater than the per diem for the cost of housing Minnesota inmates at the same
12.7facility. This per diem cost shall be based on the assumption that the facility is at or
12.8near capacity. Funds received under the contracts shall be deposited in the state treasury
12.9and are appropriated to the commissioner of corrections for correctional purposes. Any
12.10prisoner transferred to the state of Minnesota pursuant to this subdivision shall be subject
12.11to the terms and conditions of the prisoner's original sentence as if the prisoner were
12.12serving the same within the confines of the state in which the conviction and sentence was
12.13had or in the custody of the United States. Nothing herein shall deprive
12.14the right to parole or the rights to legal process in the courts of this state.
12.15 Sec. 10. Minnesota Statutes 2012, section 243.51, subdivision 3, is amended to read:
12.16 Subd. 3. Temporary detention. The commissioner of corrections is authorized to
12.17contract with agencies and bureaus of the United States and with the appropriate officials
12.18of any other state or county of this state for the temporary detention of any person in
12.19custody pursuant to any process issued under the authority of the United States, other
12.20states of the United States, or the district courts of this state. The contract shall provide for
12.21reimbursement to the state of Minnesota for all costs and expenses involved, and, to the
12.22extent possible, require payment to the Department of Corrections of a per diem amount
12.23that is substantially equal to or greater than the per diem for the cost of housing Minnesota
12.24inmates at the same facility. This per diem cost shall be based on the assumption that the
12.25facility is at or near capacity. Funds received under the contracts shall be deposited in the
12.26state treasury and are appropriated to the commissioner of corrections for correctional
12.27purposes.
12.28 Sec. 11. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
12.29 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
12.30excess of $100,000, no department or agency of the state shall accept any bid or proposal
12.31for a contract or agreement from any business having more than 40 full-time employees
12.32within this state on a single working day during the previous 12 months, unless the
12.33commissioner is in receipt of the business' affirmative action plan for the employment of
12.34minority persons, women, and qualified disabled individuals. No department or agency of
13.1the state shall execute any such contract or agreement until the affirmative action plan
13.2has been approved by the commissioner. Receipt of a certificate of compliance issued by
13.3the commissioner shall signify that a firm or business has an affirmative action plan that
13.4has been approved by the commissioner. A certificate shall be valid for a period of
13.5 four years. A municipality as defined in section
13.6money for any reason is encouraged to prepare and implement an affirmative action plan
13.7for the employment of minority persons, women, and the qualified disabled and submit the
13.8plan to the commissioner.
13.9 (b) This paragraph applies to a contract for goods or services in excess of $100,000
13.10to be entered into between a department or agency of the state and a business that is
13.11not subject to paragraph (a), but that has more than 40 full-time employees on a single
13.12working day during the previous 12 months in the state where the business has its primary
13.13place of business. A department or agency of the state may not execute a contract or
13.14agreement with a business covered by this paragraph unless the business has a certificate
13.15of compliance issued by the commissioner under paragraph (a) or the business certifies
13.16that it is in compliance with federal affirmative action requirements.
13.17 (c) This section does not apply to contracts entered into by the State Board of
13.18Investment for investment options under section
13.19 Sec. 12. Minnesota Statutes 2012, section 363A.36, subdivision 2, is amended to read:
13.20 Subd. 2. Filing fee; account; appropriation. The commissioner shall collect
13.21a
13.22commissioner's designated agent. The proceeds of the fee must be deposited in a
13.23human rights fee special revenue account. Money in the account is appropriated to the
13.24commissioner to fund the cost of issuing certificates and investigating grievances.
13.25 Sec. 13. Minnesota Statutes 2012, section 609.3451, subdivision 3, is amended to read:
13.26 Subd. 3. Felony. A person is guilty of a felony and may be sentenced to imprisonment
13.27for not more than five years or to payment of a fine of not more than $10,000, or both,
13.28if the person violates
13.29convicted of or adjudicated delinquent for violating
13.30
13.31 or 3; 617.246; or 617.247; or a statute from another state in conformity
13.32
13.33EFFECTIVE DATE.This section is effective August 1, 2013, and applies to crimes
13.34committed on or after that date.
14.1 Sec. 14. Minnesota Statutes 2012, section 609.3455, is amended by adding a
14.2subdivision to read:
14.3 Subd. 10. Presumptive executed sentence for repeat sex offenders. Except as
14.4provided in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to
14.5609.345 or 609.3453 within 15 years of a previous sex offense conviction, the court
14.6shall commit the defendant to the commissioner of corrections for not less than three
14.7years, nor more than the maximum sentence provided by law for the offense for which
14.8convicted, notwithstanding sections 242.19, 243.05, 609.11, 609.12, and 609.135. The
14.9court may stay the execution of the sentence if it finds that a stay is in the best interest
14.10of the complainant or the family unit, and a professional assessment indicates that the
14.11offender has been accepted by and can respond to a treatment program. If the court stays
14.12execution of sentence, it shall include the following as conditions of probation:
14.13(1) incarceration in a local jail or workhouse;
14.14(2) a requirement that the offender complete a treatment program; and
14.15(3) a requirement that the offender have no unsupervised contact with the
14.16complainant until the offender has successfully completed the treatment program unless
14.17approved by the treatment program and the supervising correctional agent.
14.18EFFECTIVE DATE.This section is effective August 1, 2013, and applies to all
14.19crimes committed on or after that date.
14.20 Sec. 15. JUVENILE JUSTICE SYSTEM REPORT.
14.21(a) The following shall appoint representatives to discuss issues specified in
14.22paragraph (b) with representatives of the National Alliance on Mental Illness (NAMI)
14.23and others designated by NAMI: the commissioners of human services, corrections,
14.24and education; a district court judge designated by the Supreme Court; the Minnesota
14.25County Attorneys Association; the state public defender; the Indian Affairs Council;
14.26the Minnesota County Probation Officers Association; and the Minnesota Association
14.27of Community Corrections Act Counties.
14.28(b) The issues to be discussed are:
14.29(1) shared statewide outcome goals for children in the juvenile justice system and
14.30their families, such as academic success, successful transitions to adulthood, and lower
14.31recidivism rates;
14.32(2) the continuum of service necessary to ensure quality care that meets the complex
14.33needs of children in the juvenile justice system and their families;
14.34(3) strategies for early identification of and response to needs related to juvenile
14.35justice outcomes, including in the areas of trauma, mental and physical health, chemical
15.1dependency, traumatic brain injury, developmental disabilities, education, family needs,
15.2housing, employment, and any other areas identified by the work group;
15.3(4) changes needed to ensure coordinated delivery of quality services to
15.4meet the individual needs of each child in the system, particularly in the areas of
15.5information-sharing, service shortages, and cost pressures;
15.6(5) changes needed to ensure coordination between delinquency and CHIPS cases,
15.7schools, the children's mental health system, and any other relevant entities for children
15.8involved in multiple systems;
15.9(6) changes to any rules and statutes that create barriers to achieving the shared
15.10outcomes agreed upon by the work group;
15.11(7) an implementation plan to achieve integrated service delivery across systems and
15.12across the public, private, and nonprofit sectors;
15.13(8) an implementation plan to accomplish the shared outcomes agreed upon by
15.14the work group; and
15.15(9) financing mechanisms that include all possible revenue sources to maximize
15.16federal, state, and local funding and promote cost efficiencies and sustainability.
15.17(c) The National Alliance on Mental Illness shall report to the legislature on
15.18results of discussions under this section by February 15, 2014, after consulting with the
15.19commissioners of human services, corrections, and education.
15.20 Sec. 16. REPEALER.
15.21Minnesota Statutes 2012, section 243.51, subdivision 5, is repealed.