Minnesota Legislature
SF 2909
1st Unofficial Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/21/2023 12:43pm
2.28 2.29
2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 2.38 2.39 2.40 2.41
2.42 2.43 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28
3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10
4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26
4.27
4.28 4.29 4.30 4.31 4.32 5.1 5.2 5.3
5.4
5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17
5.18
5.19 5.20 5.21 5.22 5.23 5.24 5.25
5.26 5.27 5.28 5.29 5.30 5.31 5.32 6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18
6.19 6.20
6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33
6.34 7.1 7.2
7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 15.34 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 16.34 16.35 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 17.34 17.35 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 18.35 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 19.34 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 20.34 20.35 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 22.33 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 23.33 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 24.33 24.34 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25
25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4
26.5
26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16
31.17 31.18
31.19 31.20 31.21 31.22
31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6
32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16
32.17 32.18 32.19 32.20
32.21 32.22 32.23 32.24 32.25 32.26
32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 33.34 33.35 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15
34.16 34.17 34.18 34.19
34.20 34.21 34.22
34.23 34.24 34.25 34.26 34.27
34.28 34.29 34.30 34.31
35.1 35.2 35.3 35.4
35.5 35.6 35.7 35.8 35.9 35.10 35.11
35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11
36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2 37.3 37.4 37.5
37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11
38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30
39.31 39.32
40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19
40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14
41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14
42.15 42.16 42.17
42.18 42.19
42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19
47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 49.1 49.2 49.3 49.4 49.5 49.6
49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13
51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 52.1 52.2 52.3 52.4 52.5 52.6
52.7 52.8 52.9 52.10 52.11 52.12
52.13 52.14
52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29
54.1 54.2
54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 56.1 56.2 56.3 56.4 56.5
56.6
56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25
56.26
56.27 56.28 56.29 57.1 57.2 57.3 57.4 57.5 57.6
57.7
57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26
57.27
57.28 57.29 57.30 57.31 58.1 58.2 58.3 58.4 58.5
58.6 58.7
58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21
58.22 58.23
58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 59.1 59.2 59.3
59.4 59.5
59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16
59.17
59.18 59.19 59.20 59.21 59.22 59.23 59.24
59.25
59.26 59.27 59.28 59.29 60.1 60.2 60.3
60.4 60.5
60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25
60.26 60.27
60.28 60.29 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8
61.9 61.10
61.11 61.12 61.13 61.14 61.15 61.16 61.17
61.18 61.19
61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30
62.1 62.2
62.3 62.4 62.5 62.6
62.7
62.8 62.9 62.10 62.11
62.12
62.13 62.14 62.15 62.16
62.17
62.18 62.19 62.20 62.21
62.22
62.23 62.24 62.25
62.26
63.1 63.2 63.3 63.4
63.5
63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25
63.26 63.27
63.28 63.29 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15
65.16 65.17
65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8
67.9 67.10
67.11 67.12 67.13 67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31
67.32 67.33
68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14
68.15 68.16
68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 68.33 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8
69.9 69.10
69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10
70.11 70.12
70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2
71.3 71.4
71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12
71.13 71.14
71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23
73.24 73.25
73.26 73.27 73.28 73.29 73.30 73.31 73.32 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19
74.20 74.21
74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31
76.1 76.2
76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9
79.10 79.11
79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24
80.25 80.26 80.27
80.28 80.29 80.30
80.31
81.1 81.2
81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17
81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15
82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26 83.27 83.28 83.29 83.30 83.31 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 84.30 84.31 84.32 84.33 84.34 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11
88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27
88.28 88.29 88.30 88.31 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 89.31 89.32 89.33 89.34 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9 90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17 90.18
90.19 90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 90.32 90.33 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15 91.16 91.17
91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27
92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 95.32 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10
96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19
97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1
99.2 99.3
99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23
99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3 100.4 100.5 100.6
100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22
100.23 100.24 100.25 100.26 100.27
100.28 100.29 100.30 100.31 100.32
101.1 101.2 101.3 101.4 101.5 101.6
101.7 101.8 101.9 101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23
101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 102.1 102.2 102.3 102.4
102.5 102.6 102.7 102.8 102.9
102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19
102.20 102.21 102.22 102.23
102.24
102.25 102.26 102.27 102.28 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13 103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 105.32 106.1 106.2
106.3 106.4
106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30
106.31 106.32
107.1 107.2 107.3 107.4 107.5 107.6 107.7
107.8 107.9 107.10 107.11
107.12 107.13 107.14 107.15
107.16 107.17 107.18 107.19 107.20 107.21 107.22
107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9
109.10 109.11 109.12 109.13
109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22
111.23 111.24
111.25 111.26
111.27 111.28 111.29 111.30 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24
112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9
113.10 113.11 113.12 113.13 113.14 113.15 113.16
113.17 113.18 113.19
113.20
113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 114.1 114.2 114.3
114.4 114.5 114.6
114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15
114.16 114.17 114.18
114.19 114.20 114.21 114.22
114.23
114.24 114.25 114.26 114.27
114.28
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13
115.14
115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 119.1 119.2 119.3 119.4 119.5
119.6
119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19
119.20
119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28
119.29
120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16
121.17 121.18
121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 123.33 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25
125.26
125.27 125.28 125.29 125.30 125.31 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19
126.20 126.21
126.22 126.23 126.24 126.25
126.26 126.27 126.28 126.29 126.30
127.1 127.2
127.3 127.4 127.5 127.6 127.7 127.8
127.9
127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25
128.26
128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8
129.9
129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6
131.7
131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29
131.30
132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8
132.9
132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 132.32 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29
133.30 133.31
134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15
135.16 135.17 135.18
135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 136.1 136.2 136.3 136.4 136.5 136.6 136.7
136.8
136.9 136.10 136.11 136.12 136.13
136.14
136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22
136.23
136.24 136.25 136.26 136.27 136.28 136.29 136.30 137.1 137.2 137.3
137.4
137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 141.33 141.34 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25
142.26 142.27 142.28 142.29
142.30 142.31 142.32 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8
144.9 144.10 144.11
144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 148.1 148.2 148.3 148.4
148.5 148.6
148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18
149.19
149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10
151.11
151.12 151.13 151.14 151.15 151.16 151.17 151.18
151.19
151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27
151.28
152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13
152.14 152.15
152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9
153.10
153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24
153.25
153.26 153.27
153.28 153.29 153.30 153.31
154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10
154.11 154.12 154.13 154.14 154.15 154.16 154.17
154.18
154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 155.1 155.2
155.3
155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27
156.28
156.29 156.30 157.1 157.2 157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10
158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 159.1 159.2 159.3 159.4
159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11
160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26
160.27 160.28 160.29 160.30 160.31 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26
161.27 161.28 161.29 161.30 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28 162.29 162.30 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22
163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11
164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22
164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 165.1 165.2 165.3 165.4 165.5
165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21
165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8
166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20 166.21
166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 167.1 167.2 167.3 167.4 167.5 167.6
167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15
167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28
167.29
168.1 168.2 168.3
168.4
168.5 168.6
168.7 168.8
168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22
168.23
168.24 168.25 168.26 168.27 168.28 169.1 169.2 169.3 169.4 169.5
169.6
169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20
170.21
170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10
171.11
171.12 171.13 171.14 171.15 171.16 171.17 171.18
171.19 171.20 171.21 171.22
171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30
172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14
172.15
172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 173.1 173.2 173.3 173.4 173.5 173.6 173.7
173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26
173.27 173.28 173.29 173.30 173.31 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17
174.18
174.19 174.20
174.21 174.22
174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4 176.5 176.6 176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20
176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30
176.31 176.32 176.33 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17
177.18 177.19 177.20 177.21 177.22 177.23 177.24
177.25 177.26 177.27 177.28 177.29 177.30 177.31 178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19 178.20
178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31
179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26
179.27 179.28 179.29 179.30 179.31 180.1 180.2
180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15
180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20
181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13
182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 182.33 182.34 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9
183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18
183.19 183.20 183.21 183.22 183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 183.33 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11 184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28
184.29 184.30 184.31 184.32 184.33 184.34 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8 185.9 185.10 185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16 186.17 186.18 186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28
186.29 186.30 186.31 186.32 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26 187.27 187.28 187.29 187.30 187.31 187.32 187.33 188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 189.1 189.2 189.3 189.4 189.5 189.6 189.7
189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23 189.24 189.25 189.26 189.27 189.28 189.29
189.30 189.31 189.32 190.1 190.2 190.3 190.4 190.5 190.6
190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19
190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29
190.30 190.31 190.32 191.1 191.2 191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21 191.22 191.23 191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 191.33 192.1 192.2 192.3
192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16 192.17 192.18 192.19 192.20 192.21 192.22 192.23 192.24 192.25 192.26 192.27 192.28 192.29 192.30 192.31 192.32 193.1 193.2 193.3
193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16 193.17 193.18 193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28
193.29 193.30 193.31 193.32 194.1 194.2
194.3 194.4 194.5 194.6 194.7 194.8 194.9 194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 194.33 195.1 195.2
195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10
195.11 195.12 195.13 195.14 195.15
195.16 195.17 195.18 195.19 195.20 195.21
195.22 195.23
195.24 195.25
195.26 195.27 195.28 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9 196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24 196.25 196.26 196.27 196.28 196.29 196.30 196.31 196.32 197.1 197.2 197.3 197.4
197.5
197.6 197.7 197.8 197.9 197.10 197.11 197.12
197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22
197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 198.1 198.2
198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11 199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24
199.25
199.26 199.27 199.28 199.29 199.30 199.31 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8
200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20
200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29
201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12
201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20
201.21
201.22 201.23 201.24 201.25 201.26 201.27 201.28 201.29 202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14 202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 203.1 203.2 203.3 203.4 203.5 203.6 203.7 203.8 203.9 203.10 203.11 203.12 203.13
203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21
203.22
203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21 204.22 204.23 204.24 204.25 204.26 204.27 204.28 204.29 204.30 204.31 204.32 205.1 205.2 205.3 205.4 205.5 205.6 205.7 205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25 205.26 205.27 205.28 205.29 205.30 206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12
206.13
206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 207.1 207.2 207.3 207.4 207.5 207.6
207.7
207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19
207.20
207.21 207.22 207.23 207.24 207.25 207.26 207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19
208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29 208.30 208.31 208.32 208.33 208.34 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26
209.27 209.28 209.29 209.30 209.31 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20
210.21 210.22 210.23 210.24 210.25 210.26
210.27
210.28 210.29 210.30 210.31 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13
211.14
211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25 212.26 212.27 212.28 212.29 213.1 213.2 213.3 213.4 213.5 213.6
213.7
213.8 213.9 213.10 213.11
213.12 213.13 213.14 213.15 213.16 213.17
213.18
213.19 213.20
213.21 213.22 213.23 213.24 213.25 213.26 213.27 213.28 213.29 213.30 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16
214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 214.32 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8
215.9 215.10 215.11
215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24
216.25 216.26 216.27 216.28 216.29 216.30 216.31 216.32 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30
218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30
219.1 219.2 219.3 219.4 219.5 219.6 219.7
219.8 219.9 219.10 219.11 219.12 219.13
219.14 219.15 219.16 219.17 219.18 219.19 219.20 219.21 219.22 219.23 219.24 219.25 219.26 219.27 219.28 219.29 219.30 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8
220.9 220.10 220.11 220.12 220.13 220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25
220.26 220.27 220.28 220.29
221.1 221.2 221.3 221.4 221.5 221.6
221.7 221.8 221.9 221.10 221.11 221.12 221.13 221.14 221.15 221.16 221.17 221.18 221.19 221.20 221.21 221.22 221.23 221.24 221.25 221.26 221.27 221.28 221.29 221.30 221.31 222.1 222.2 222.3 222.4 222.5 222.6
222.7 222.8 222.9 222.10 222.11 222.12 222.13 222.14 222.15 222.16 222.17 222.18 222.19 222.20 222.21 222.22 222.23 222.24 222.25 222.26 222.27 222.28 222.29 222.30 222.31 222.32 223.1 223.2 223.3 223.4 223.5 223.6 223.7 223.8 223.9 223.10 223.11 223.12 223.13 223.14 223.15 223.16 223.17 223.18 223.19
223.20 223.21
223.22 223.23
223.24 223.25 223.26 223.27 223.28 223.29 223.30 224.1 224.2 224.3 224.4 224.5 224.6 224.7 224.8 224.9 224.10 224.11 224.12 224.13 224.14 224.15 224.16 224.17 224.18 224.19 224.20
224.21 224.22
224.23 224.24 224.25 224.26 224.27 224.28
224.29 224.30
225.1 225.2 225.3 225.4 225.5 225.6 225.7 225.8 225.9 225.10 225.11 225.12 225.13 225.14 225.15 225.16 225.17 225.18 225.19
225.20 225.21
225.22 225.23 225.24 225.25 225.26 225.27 225.28 225.29 225.30 225.31 225.32 225.33 226.1 226.2 226.3 226.4 226.5 226.6 226.7 226.8 226.9 226.10 226.11 226.12 226.13 226.14 226.15 226.16 226.17
226.18 226.19
226.20 226.21 226.22 226.23
226.24 226.25
226.26 226.27 226.28 226.29
227.1 227.2
227.3 227.4 227.5 227.6 227.7 227.8 227.9 227.10 227.11 227.12 227.13 227.14 227.15 227.16 227.17 227.18 227.19 227.20 227.21 227.22 227.23 227.24
227.25 227.26
227.27 227.28 227.29 227.30 227.31 227.32 227.33 228.1 228.2 228.3 228.4 228.5 228.6 228.7 228.8 228.9 228.10 228.11 228.12 228.13 228.14 228.15 228.16 228.17 228.18 228.19 228.20
228.21 228.22
228.23 228.24 228.25 228.26
228.27 228.28
228.29 228.30 228.31 228.32 229.1 229.2 229.3 229.4 229.5
229.6 229.7
229.8 229.9 229.10 229.11 229.12 229.13 229.14 229.15 229.16 229.17 229.18 229.19 229.20 229.21 229.22 229.23 229.24 229.25 229.26 229.27 229.28 229.29 229.30 229.31 229.32 230.1 230.2 230.3 230.4 230.5 230.6 230.7 230.8 230.9
230.10 230.11
230.12 230.13 230.14 230.15 230.16 230.17 230.18 230.19 230.20 230.21 230.22 230.23 230.24 230.25 230.26 230.27 230.28 230.29 230.30 230.31 230.32 231.1 231.2 231.3 231.4 231.5 231.6 231.7 231.8 231.9 231.10 231.11 231.12 231.13 231.14 231.15 231.16 231.17 231.18 231.19 231.20 231.21 231.22 231.23 231.24 231.25 231.26 231.27 231.28 231.29 231.30 231.31 231.32 232.1 232.2 232.3 232.4 232.5 232.6 232.7 232.8 232.9 232.10 232.11 232.12 232.13 232.14 232.15 232.16 232.17 232.18 232.19 232.20 232.21 232.22 232.23 232.24 232.25 232.26 232.27 232.28 232.29 232.30 232.31 233.1 233.2 233.3 233.4 233.5 233.6 233.7 233.8 233.9 233.10 233.11 233.12 233.13 233.14 233.15 233.16 233.17 233.18 233.19 233.20 233.21 233.22 233.23 233.24 233.25 233.26 233.27 233.28 233.29 234.1 234.2 234.3 234.4 234.5 234.6 234.7 234.8 234.9 234.10 234.11 234.12 234.13 234.14 234.15 234.16 234.17 234.18 234.19 234.20 234.21 234.22 234.23 234.24 234.25 234.26 234.27
234.28 234.29
235.1 235.2 235.3
235.4 235.5
235.6 235.7 235.8 235.9 235.10 235.11 235.12 235.13 235.14 235.15 235.16 235.17 235.18 235.19 235.20 235.21 235.22 235.23 235.24 235.25 235.26 235.27 235.28 235.29 235.30 235.31 235.32 235.33 236.1 236.2 236.3 236.4 236.5 236.6 236.7 236.8 236.9 236.10 236.11 236.12 236.13 236.14 236.15 236.16 236.17 236.18 236.19 236.20 236.21 236.22 236.23 236.24 236.25 236.26 236.27 236.28 236.29 236.30 236.31 236.32 237.1 237.2 237.3 237.4 237.5 237.6 237.7 237.8 237.9 237.10 237.11 237.12 237.13 237.14 237.15 237.16 237.17 237.18 237.19 237.20 237.21 237.22 237.23 237.24 237.25 237.26 237.27 237.28 237.29 237.30 237.31 238.1 238.2 238.3 238.4 238.5 238.6 238.7 238.8 238.9 238.10 238.11 238.12 238.13
238.14 238.15 238.16 238.17 238.18 238.19 238.20 238.21 238.22 238.23 238.24 238.25 238.26 238.27 238.28 238.29 238.30 238.31 239.1 239.2 239.3 239.4 239.5 239.6 239.7 239.8 239.9 239.10 239.11 239.12 239.13 239.14 239.15 239.16 239.17 239.18 239.19 239.20 239.21 239.22 239.23 239.24 239.25 239.26 239.27 239.28 239.29 239.30 239.31 239.32 239.33 240.1 240.2 240.3 240.4 240.5 240.6 240.7 240.8 240.9 240.10 240.11 240.12 240.13 240.14 240.15 240.16 240.17 240.18 240.19 240.20 240.21 240.22 240.23 240.24 240.25 240.26 240.27 240.28 240.29 240.30 240.31 240.32 240.33 240.34
241.1 241.2 241.3 241.4 241.5 241.6 241.7 241.8 241.9 241.10 241.11 241.12 241.13 241.14 241.15 241.16 241.17 241.18 241.19 241.20 241.21 241.22 241.23 241.24 241.25 241.26 241.27 241.28 241.29 241.30 241.31 241.32 241.33 241.34 242.1 242.2 242.3 242.4 242.5 242.6 242.7 242.8 242.9 242.10 242.11 242.12 242.13 242.14 242.15 242.16 242.17 242.18 242.19 242.20 242.21 242.22 242.23 242.24 242.25 242.26 242.27 242.28 242.29 242.30 243.1 243.2 243.3 243.4 243.5 243.6 243.7 243.8 243.9 243.10 243.11 243.12 243.13 243.14 243.15 243.16 243.17 243.18 243.19 243.20 243.21 243.22 243.23 243.24 243.25 243.26 243.27 243.28 243.29 243.30 243.31 243.32 243.33
244.1 244.2 244.3 244.4 244.5 244.6 244.7 244.8 244.9 244.10 244.11 244.12 244.13 244.14 244.15 244.16 244.17
244.18 244.19 244.20 244.21 244.22 244.23 244.24 244.25 244.26 244.27 244.28 244.29 244.30 244.31 244.32 245.1 245.2 245.3 245.4 245.5 245.6 245.7 245.8 245.9 245.10 245.11 245.12 245.13 245.14 245.15 245.16 245.17 245.18
245.19 245.20 245.21 245.22 245.23 245.24 245.25 245.26 245.27 245.28 245.29 245.30 245.31 245.32 245.33 246.1 246.2 246.3 246.4 246.5 246.6 246.7 246.8 246.9 246.10 246.11 246.12 246.13 246.14 246.15 246.16 246.17 246.18 246.19 246.20 246.21 246.22 246.23 246.24 246.25 246.26 246.27 246.28 246.29 246.30 246.31 246.32 246.33 246.34 246.35 247.1 247.2 247.3 247.4 247.5 247.6 247.7 247.8 247.9 247.10 247.11 247.12 247.13 247.14
247.15 247.16 247.17 247.18 247.19 247.20 247.21 247.22 247.23 247.24 247.25
247.26 247.27 247.28 247.29 247.30 247.31 247.32 247.33 248.1 248.2 248.3 248.4
248.5 248.6 248.7 248.8 248.9 248.10 248.11 248.12 248.13 248.14 248.15 248.16 248.17 248.18 248.19 248.20 248.21 248.22 248.23 248.24 248.25 248.26 248.27 248.28
248.29 248.30 248.31 248.32 248.33 249.1 249.2 249.3
249.4 249.5 249.6
249.7 249.8 249.9
249.10 249.11
249.12 249.13 249.14 249.15 249.16 249.17 249.18 249.19
249.20
249.21 249.22 249.23 249.24 249.25 249.26 249.27 249.28 249.29 249.30 250.1 250.2
250.3
250.4 250.5 250.6 250.7 250.8 250.9 250.10 250.11 250.12 250.13 250.14 250.15 250.16 250.17 250.18 250.19 250.20 250.21 250.22 250.23 250.24 250.25 250.26 250.27 250.28 250.29 251.1 251.2 251.3 251.4 251.5 251.6 251.7 251.8 251.9 251.10 251.11
251.12
251.13 251.14 251.15 251.16 251.17 251.18 251.19 251.20 251.21 251.22 251.23 251.24 251.25 251.26 251.27
251.28 251.29 251.30 251.31 252.1 252.2
252.3 252.4
252.5 252.6 252.7 252.8 252.9 252.10 252.11 252.12 252.13 252.14 252.15 252.16 252.17 252.18
252.19 252.20
252.21 252.22 252.23 252.24 252.25
252.26
252.27 252.28 252.29 252.30 252.31 253.1 253.2 253.3 253.4 253.5 253.6 253.7 253.8 253.9 253.10 253.11 253.12 253.13 253.14 253.15 253.16 253.17 253.18 253.19 253.20
253.21 253.22
253.23 253.24 253.25 253.26 253.27 253.28 253.29 253.30 253.31 253.32 254.1 254.2 254.3 254.4 254.5 254.6 254.7 254.8 254.9 254.10 254.11 254.12 254.13 254.14
254.15 254.16
254.17 254.18 254.19 254.20 254.21 254.22 254.23 254.24 254.25 254.26 254.27 254.28 254.29 255.1 255.2 255.3 255.4 255.5 255.6 255.7 255.8 255.9 255.10 255.11 255.12 255.13 255.14 255.15 255.16 255.17 255.18 255.19 255.20
255.21 255.22
255.23 255.24 255.25 255.26 255.27 255.28 255.29 256.1 256.2 256.3 256.4 256.5 256.6 256.7 256.8 256.9 256.10 256.11 256.12 256.13 256.14 256.15 256.16 256.17
256.18 256.19
256.20 256.21 256.22 256.23 256.24 256.25 256.26 256.27 256.28 256.29 256.30 256.31 257.1 257.2 257.3 257.4 257.5 257.6 257.7 257.8 257.9 257.10 257.11 257.12 257.13 257.14
257.15 257.16
257.17 257.18 257.19 257.20 257.21 257.22 257.23 257.24 257.25 257.26 257.27 257.28 257.29 257.30 257.31
258.1 258.2
258.3 258.4 258.5 258.6 258.7 258.8
258.9 258.10
258.11 258.12 258.13 258.14 258.15
258.16
258.17 258.18 258.19 258.20 258.21 258.22 258.23 258.24 258.25 258.26 258.27 258.28 258.29 259.1 259.2 259.3 259.4 259.5
259.6 259.7
259.8
259.9 259.10
259.11 259.12 259.13 259.14 259.15 259.16 259.17 259.18 259.19 259.20 259.21 259.22 259.23 259.24 259.25 259.26 259.27 259.28 260.1 260.2 260.3 260.4 260.5 260.6 260.7 260.8 260.9 260.10 260.11 260.12 260.13 260.14 260.15 260.16 260.17 260.18 260.19 260.20 260.21 260.22 260.23 260.24 260.25 260.26 260.27 261.1 261.2 261.3 261.4 261.5 261.6 261.7 261.8 261.9 261.10 261.11 261.12 261.13 261.14 261.15 261.16 261.17 261.18 261.19 261.20 261.21 261.22 261.23 261.24 261.25 261.26 261.27 261.28 262.1 262.2 262.3 262.4 262.5 262.6 262.7 262.8 262.9 262.10 262.11 262.12 262.13 262.14 262.15 262.16 262.17 262.18 262.19 262.20 262.21 262.22 262.23 262.24 262.25 262.26 262.27 262.28 262.29 262.30 262.31 263.1 263.2 263.3 263.4 263.5 263.6 263.7 263.8 263.9 263.10 263.11 263.12 263.13 263.14 263.15 263.16 263.17 263.18 263.19 263.20 263.21 263.22 263.23 263.24 263.25 263.26 263.27 263.28 263.29 264.1 264.2 264.3 264.4 264.5 264.6 264.7 264.8 264.9 264.10 264.11 264.12 264.13 264.14 264.15 264.16 264.17 264.18 264.19 264.20 264.21 264.22 264.23 264.24 264.25 264.26 264.27 264.28 264.29 265.1 265.2 265.3 265.4 265.5 265.6 265.7 265.8 265.9 265.10 265.11 265.12 265.13 265.14 265.15 265.16 265.17 265.18 265.19 265.20 265.21 265.22 265.23 265.24 265.25 265.26 265.27 265.28 266.1 266.2 266.3 266.4 266.5 266.6 266.7 266.8 266.9 266.10 266.11 266.12 266.13 266.14 266.15 266.16 266.17 266.18 266.19 266.20 266.21 266.22 266.23 266.24 266.25 266.26 266.27 267.1 267.2 267.3 267.4 267.5 267.6 267.7 267.8 267.9 267.10 267.11 267.12 267.13 267.14 267.15 267.16 267.17 267.18 267.19 267.20 267.21 267.22 267.23 267.24 267.25 267.26 267.27 268.1 268.2 268.3 268.4 268.5 268.6 268.7 268.8 268.9 268.10 268.11 268.12 268.13 268.14 268.15 268.16 268.17 268.18 268.19 268.20 268.21 268.22 268.23 268.24 268.25 268.26 268.27 268.28 268.29 268.30 268.31 269.1 269.2 269.3 269.4 269.5 269.6 269.7 269.8 269.9 269.10 269.11 269.12 269.13 269.14 269.15 269.16 269.17 269.18 269.19 269.20 269.21 269.22 269.23 269.24 269.25 269.26 269.27 270.1 270.2 270.3 270.4 270.5 270.6 270.7 270.8 270.9 270.10 270.11 270.12 270.13 270.14 270.15 270.16 270.17 270.18 270.19 270.20 270.21 270.22 270.23 270.24 270.25 270.26 270.27 270.28 271.1 271.2 271.3 271.4 271.5 271.6 271.7 271.8 271.9 271.10 271.11 271.12 271.13 271.14 271.15 271.16 271.17 271.18 271.19 271.20 271.21 271.22 271.23 271.24 271.25 271.26 271.27 271.28 271.29 271.30 271.31 272.1 272.2 272.3 272.4 272.5 272.6 272.7 272.8 272.9 272.10 272.11 272.12 272.13 272.14 272.15 272.16 272.17 272.18 272.19 272.20 272.21 272.22 272.23 272.24 272.25 272.26 272.27 272.28 272.29 272.30 272.31 272.32 272.33 273.1 273.2 273.3 273.4 273.5 273.6 273.7 273.8 273.9 273.10 273.11 273.12 273.13 273.14 273.15 273.16 273.17 273.18 273.19 273.20 273.21 273.22 273.23 273.24 273.25 273.26 273.27 273.28 273.29 273.30 273.31 274.1 274.2 274.3 274.4 274.5 274.6 274.7 274.8 274.9 274.10 274.11 274.12 274.13 274.14 274.15 274.16 274.17 274.18 274.19 274.20 274.21 274.22 274.23 274.24 274.25 274.26 274.27 274.28 274.29 274.30 275.1 275.2 275.3 275.4 275.5 275.6 275.7 275.8 275.9 275.10 275.11 275.12 275.13 275.14 275.15 275.16 275.17 275.18 275.19 275.20 275.21 275.22 275.23 275.24 275.25 275.26 275.27 275.28 275.29 276.1 276.2
276.3
276.4 276.5 276.6 276.7 276.8 276.9 276.10 276.11 276.12 276.13 276.14 276.15 276.16 276.17 276.18 276.19 276.20 276.21 276.22 276.23 276.24 276.25 276.26 276.27 276.28 277.1 277.2 277.3 277.4 277.5 277.6 277.7 277.8 277.9 277.10 277.11 277.12 277.13 277.14 277.15 277.16 277.17 277.18 277.19 277.20 277.21 277.22 277.23 277.24 277.25 277.26 277.27 277.28 277.29 277.30 278.1 278.2 278.3 278.4 278.5 278.6 278.7 278.8 278.9 278.10 278.11 278.12 278.13 278.14 278.15 278.16 278.17 278.18 278.19 278.20 278.21 278.22 278.23 278.24 278.25 278.26 279.1 279.2 279.3 279.4 279.5 279.6 279.7 279.8 279.9 279.10 279.11 279.12 279.13 279.14 279.15 279.16 279.17 279.18 279.19 279.20 279.21 279.22 279.23 279.24 279.25 279.26
279.27
279.28 279.29 280.1 280.2 280.3 280.4 280.5 280.6 280.7 280.8 280.9 280.10 280.11 280.12 280.13 280.14 280.15 280.16 280.17 280.18 280.19 280.20 280.21 280.22 280.23 280.24 280.25 280.26 280.27 280.28 280.29 281.1 281.2 281.3 281.4 281.5 281.6 281.7 281.8 281.9 281.10 281.11 281.12 281.13 281.14 281.15 281.16 281.17 281.18 281.19 281.20 281.21 281.22 281.23 281.24 281.25 281.26 281.27 282.1 282.2 282.3 282.4 282.5 282.6 282.7 282.8 282.9 282.10 282.11 282.12 282.13 282.14 282.15 282.16 282.17 282.18 282.19 282.20 282.21 282.22 282.23 282.24 282.25 282.26 282.27 282.28 283.1 283.2 283.3 283.4 283.5 283.6 283.7 283.8 283.9 283.10 283.11
283.12
283.13 283.14 283.15 283.16 283.17 283.18 283.19 283.20 283.21 283.22 283.23 283.24 283.25 283.26 283.27 283.28 283.29 284.1 284.2 284.3 284.4 284.5 284.6 284.7 284.8 284.9 284.10 284.11 284.12 284.13 284.14 284.15 284.16 284.17 284.18 284.19 284.20 284.21 284.22 284.23 284.24 284.25 284.26 284.27 284.28 284.29 284.30 284.31 285.1 285.2 285.3 285.4 285.5 285.6 285.7 285.8 285.9 285.10 285.11 285.12 285.13 285.14 285.15 285.16 285.17 285.18 285.19 285.20 285.21 285.22 285.23 285.24 285.25 285.26 285.27 285.28 285.29 285.30 285.31 285.32 286.1 286.2 286.3 286.4 286.5 286.6 286.7 286.8 286.9 286.10 286.11 286.12 286.13 286.14 286.15 286.16 286.17 286.18 286.19 286.20 286.21 286.22
286.23
286.24 286.25
286.26 286.27 286.28 286.29 286.30 286.31
287.1 287.2 287.3 287.4 287.5
287.6 287.7 287.8 287.9 287.10 287.11 287.12 287.13
287.14 287.15 287.16 287.17 287.18 287.19
287.20 287.21 287.22 287.23 287.24 287.25 287.26 287.27 287.28
287.29 287.30 287.31 288.1 288.2
288.3 288.4 288.5 288.6 288.7
288.8 288.9 288.10 288.11 288.12 288.13 288.14
288.15 288.16 288.17 288.18 288.19 288.20 288.21
288.22 288.23 288.24 288.25 288.26
288.27 288.28 288.29 288.30
289.1 289.2 289.3 289.4 289.5 289.6 289.7 289.8 289.9 289.10
289.11 289.12 289.13 289.14 289.15 289.16 289.17 289.18 289.19
289.20 289.21 289.22 289.23 289.24 289.25 289.26 289.27 289.28
289.29 289.30 289.31 289.32 290.1 290.2
290.3 290.4 290.5 290.6 290.7 290.8 290.9 290.10 290.11 290.12 290.13
290.14 290.15 290.16 290.17 290.18
290.19 290.20 290.21 290.22 290.23 290.24
290.25 290.26 290.27 290.28 290.29 291.1 291.2 291.3 291.4 291.5 291.6 291.7
291.8 291.9 291.10 291.11 291.12 291.13
291.14 291.15 291.16 291.17 291.18
291.19 291.20 291.21 291.22 291.23
291.24 291.25 291.26 291.27 291.28 291.29 291.30 291.31
292.1 292.2 292.3 292.4 292.5 292.6 292.7 292.8
292.9 292.10 292.11 292.12
292.13 292.14 292.15 292.16
292.17 292.18 292.19 292.20
292.21 292.22 292.23 292.24 292.25 292.26 292.27 292.28
293.1 293.2 293.3 293.4 293.5 293.6
293.7 293.8 293.9 293.10 293.11 293.12 293.13
293.14 293.15 293.16 293.17
293.18 293.19 293.20 293.21 293.22 293.23 293.24 293.25 293.26 293.27 293.28 293.29 293.30 294.1 294.2 294.3 294.4 294.5 294.6 294.7 294.8 294.9 294.10 294.11 294.12 294.13 294.14 294.15 294.16 294.17 294.18 294.19 294.20 294.21 294.22 294.23 294.24 294.25 294.26 294.27 294.28 294.29 294.30 294.31 295.1 295.2 295.3 295.4 295.5 295.6 295.7 295.8 295.9 295.10 295.11 295.12 295.13 295.14 295.15 295.16 295.17 295.18 295.19 295.20 295.21 295.22 295.23 295.24 295.25 295.26 295.27 295.28 295.29 295.30 295.31 295.32 296.1 296.2 296.3 296.4 296.5 296.6 296.7 296.8 296.9 296.10 296.11 296.12 296.13 296.14 296.15
296.16 296.17 296.18 296.19 296.20 296.21 296.22 296.23 296.24 296.25 296.26 296.27 296.28 296.29 296.30 296.31 297.1 297.2 297.3 297.4 297.5 297.6 297.7 297.8 297.9 297.10 297.11
297.12 297.13 297.14 297.15 297.16 297.17 297.18 297.19 297.20 297.21 297.22 297.23 297.24 297.25 297.26 297.27 297.28 297.29 297.30 297.31 297.32 298.1 298.2 298.3 298.4 298.5 298.6 298.7 298.8 298.9 298.10 298.11 298.12 298.13
298.14 298.15 298.16 298.17 298.18 298.19 298.20 298.21 298.22 298.23 298.24 298.25 298.26 298.27 298.28 298.29 298.30 298.31 298.32 298.33 298.34 299.1 299.2 299.3 299.4 299.5 299.6 299.7 299.8 299.9 299.10 299.11 299.12 299.13 299.14 299.15 299.16
299.17 299.18 299.19 299.20 299.21 299.22 299.23 299.24 299.25 299.26 299.27 299.28 299.29 299.30 299.31 299.32 299.33 300.1 300.2 300.3 300.4 300.5 300.6 300.7 300.8 300.9 300.10 300.11 300.12 300.13 300.14 300.15 300.16 300.17 300.18 300.19 300.20 300.21 300.22 300.23 300.24 300.25 300.26 300.27 300.28 300.29 300.30 300.31 300.32 300.33 300.34 301.1 301.2 301.3 301.4 301.5 301.6 301.7 301.8 301.9 301.10 301.11 301.12 301.13 301.14 301.15 301.16 301.17 301.18 301.19 301.20 301.21 301.22 301.23 301.24 301.25 301.26 301.27
301.28 301.29 301.30 301.31 301.32 301.33 302.1 302.2 302.3 302.4 302.5 302.6 302.7 302.8 302.9 302.10 302.11 302.12 302.13 302.14 302.15 302.16 302.17 302.18 302.19 302.20 302.21 302.22 302.23 302.24 302.25 302.26 302.27 302.28 302.29 302.30 302.31 302.32 302.33 302.34 303.1 303.2 303.3
303.4 303.5 303.6 303.7 303.8
303.9 303.10 303.11 303.12
303.13 303.14 303.15 303.16 303.17
303.18 303.19 303.20 303.21 303.22 303.23 303.24 303.25 303.26 303.27 303.28 303.29 303.30 304.1 304.2 304.3 304.4 304.5 304.6 304.7 304.8 304.9 304.10 304.11 304.12 304.13 304.14 304.15 304.16 304.17 304.18 304.19 304.20 304.21 304.22 304.23 304.24 304.25 304.26 304.27 304.28 304.29 304.30 304.31 304.32 304.33 304.34 305.1 305.2 305.3 305.4 305.5 305.6 305.7 305.8 305.9 305.10 305.11 305.12 305.13 305.14 305.15 305.16 305.17 305.18 305.19 305.20 305.21 305.22 305.23 305.24 305.25 305.26 305.27 305.28 305.29 305.30 305.31 305.32 305.33 306.1 306.2 306.3 306.4 306.5 306.6 306.7 306.8 306.9 306.10 306.11 306.12 306.13 306.14 306.15 306.16 306.17 306.18 306.19 306.20 306.21 306.22 306.23 306.24 306.25 306.26 306.27 306.28 306.29 306.30 306.31 306.32 306.33 307.1 307.2 307.3 307.4 307.5 307.6 307.7 307.8 307.9 307.10 307.11 307.12 307.13
307.14 307.15 307.16 307.17 307.18 307.19 307.20 307.21 307.22 307.23 307.24 307.25 307.26 307.27 307.28 307.29 307.30 307.31 307.32 307.33 308.1 308.2 308.3 308.4 308.5 308.6 308.7 308.8 308.9 308.10 308.11 308.12 308.13 308.14 308.15 308.16 308.17 308.18 308.19 308.20 308.21 308.22 308.23 308.24 308.25 308.26 308.27 308.28 308.29 308.30 308.31 308.32 308.33 309.1 309.2 309.3 309.4 309.5 309.6 309.7 309.8 309.9 309.10 309.11 309.12 309.13 309.14 309.15 309.16 309.17 309.18
309.19 309.20 309.21 309.22 309.23 309.24
309.25 309.26 309.27 309.28 309.29 309.30 309.31 309.32 310.1 310.2 310.3 310.4 310.5 310.6 310.7 310.8 310.9
310.10 310.11 310.12 310.13 310.14 310.15 310.16 310.17 310.18 310.19 310.20 310.21 310.22 310.23
310.24 310.25 310.26 310.27 310.28
310.29 310.30 310.31 311.1 311.2 311.3 311.4 311.5 311.6 311.7 311.8 311.9 311.10 311.11 311.12 311.13 311.14 311.15 311.16 311.17 311.18 311.19
311.20 311.21 311.22 311.23 311.24 311.25 311.26 311.27 311.28 311.29 311.30 311.31
312.1 312.2 312.3 312.4 312.5 312.6
312.7 312.8 312.9
312.10 312.11 312.12
312.13 312.14
312.15 312.16 312.17 312.18 312.19 312.20 312.21 312.22 312.23 312.24 312.25 312.26 312.27 312.28 312.29 312.30 313.1 313.2 313.3 313.4 313.5 313.6 313.7 313.8 313.9 313.10 313.11 313.12 313.13 313.14 313.15 313.16 313.17 313.18 313.19 313.20 313.21 313.22 313.23 313.24 313.25 313.26 313.27 313.28 313.29 313.30 313.31 313.32 313.33 313.34 314.1 314.2 314.3 314.4 314.5 314.6 314.7 314.8 314.9 314.10 314.11 314.12 314.13 314.14 314.15 314.16 314.17 314.18 314.19 314.20 314.21 314.22 314.23 314.24 314.25 314.26 314.27 314.28 314.29 314.30 314.31 314.32 314.33 314.34 315.1 315.2 315.3 315.4 315.5 315.6 315.7 315.8 315.9 315.10 315.11 315.12 315.13 315.14 315.15 315.16
315.17 315.18 315.19 315.20 315.21 315.22 315.23 315.24 315.25 315.26 315.27 315.28 315.29 315.30 315.31 316.1 316.2 316.3 316.4 316.5 316.6 316.7 316.8 316.9 316.10 316.11 316.12 316.13 316.14 316.15 316.16 316.17 316.18
316.19 316.20 316.21 316.22 316.23 316.24 316.25 316.26 316.27 316.28 316.29 316.30 316.31 316.32 316.33 317.1 317.2 317.3 317.4 317.5 317.6 317.7 317.8 317.9 317.10 317.11 317.12 317.13 317.14 317.15 317.16 317.17 317.18 317.19 317.20 317.21 317.22 317.23 317.24 317.25 317.26 317.27 317.28 317.29 317.30 317.31 317.32 317.33 317.34 318.1 318.2 318.3 318.4 318.5 318.6 318.7 318.8 318.9
318.10 318.11 318.12 318.13
318.14 318.15 318.16 318.17 318.18 318.19 318.20 318.21 318.22 318.23 318.24 318.25 318.26 318.27 318.28 318.29 318.30 318.31 318.32
319.1 319.2 319.3 319.4 319.5 319.6 319.7 319.8 319.9 319.10 319.11 319.12 319.13 319.14 319.15 319.16 319.17 319.18 319.19 319.20 319.21 319.22 319.23 319.24 319.25 319.26 319.27 319.28 319.29
319.30 319.31 319.32 319.33 319.34 320.1 320.2 320.3 320.4 320.5 320.6 320.7 320.8 320.9 320.10 320.11 320.12 320.13 320.14 320.15 320.16 320.17 320.18 320.19 320.20 320.21 320.22 320.23 320.24 320.25
320.26 320.27 320.28 320.29 320.30 320.31 320.32 320.33 320.34 321.1 321.2 321.3 321.4 321.5 321.6 321.7 321.8 321.9 321.10 321.11 321.12
321.13 321.14 321.15 321.16 321.17 321.18 321.19 321.20 321.21 321.22 321.23 321.24 321.25 321.26
321.27 321.28 321.29 321.30 321.31 321.32 322.1 322.2 322.3 322.4 322.5 322.6 322.7 322.8 322.9 322.10 322.11 322.12 322.13 322.14 322.15 322.16 322.17 322.18 322.19
322.20 322.21 322.22 322.23
322.24 322.25 322.26 322.27 322.28 322.29 322.30 322.31
323.1 323.2 323.3 323.4 323.5 323.6 323.7 323.8 323.9 323.10 323.11 323.12 323.13 323.14 323.15
323.16 323.17 323.18 323.19 323.20 323.21 323.22 323.23 323.24 323.25 323.26 323.27 323.28 323.29 323.30 323.31 323.32 323.33 324.1 324.2 324.3 324.4 324.5 324.6 324.7 324.8 324.9 324.10 324.11 324.12 324.13 324.14 324.15 324.16 324.17 324.18 324.19
324.20 324.21 324.22 324.23 324.24 324.25 324.26 324.27 324.28 324.29 324.30 324.31 324.32 325.1 325.2 325.3 325.4 325.5 325.6 325.7 325.8 325.9 325.10 325.11 325.12 325.13 325.14 325.15 325.16 325.17 325.18 325.19 325.20 325.21 325.22 325.23 325.24 325.25 325.26 325.27 325.28 325.29 325.30 325.31 325.32 325.33 325.34 326.1 326.2 326.3 326.4 326.5 326.6 326.7 326.8 326.9 326.10 326.11 326.12 326.13 326.14 326.15 326.16 326.17 326.18 326.19
326.20 326.21 326.22 326.23 326.24 326.25 326.26 326.27 326.28 326.29 326.30 326.31 326.32 326.33 327.1 327.2 327.3 327.4 327.5 327.6 327.7 327.8 327.9 327.10 327.11 327.12 327.13 327.14 327.15 327.16 327.17 327.18 327.19 327.20 327.21 327.22 327.23 327.24 327.25 327.26 327.27 327.28 327.29 327.30 327.31 327.32 327.33 328.1 328.2 328.3 328.4 328.5
328.6 328.7 328.8 328.9 328.10 328.11 328.12 328.13 328.14 328.15 328.16 328.17 328.18 328.19 328.20 328.21 328.22 328.23 328.24 328.25 328.26 328.27 328.28 328.29 328.30
328.31 328.32 328.33 329.1 329.2
329.3 329.4 329.5 329.6 329.7 329.8 329.9 329.10 329.11 329.12 329.13 329.14 329.15 329.16 329.17 329.18 329.19 329.20 329.21 329.22 329.23 329.24 329.25 329.26 329.27 329.28 329.29 329.30 329.31 330.1 330.2 330.3 330.4 330.5 330.6 330.7 330.8 330.9 330.10 330.11 330.12 330.13 330.14 330.15 330.16 330.17 330.18 330.19 330.20 330.21 330.22 330.23 330.24 330.25 330.26 330.27 330.28 330.29 330.30 330.31 331.1 331.2 331.3 331.4 331.5
331.6 331.7 331.8 331.9 331.10 331.11
331.12 331.13 331.14 331.15 331.16 331.17 331.18
331.19 331.20 331.21 331.22 331.23 331.24 331.25 331.26 331.27 331.28 331.29 331.30 331.31
332.1 332.2 332.3 332.4 332.5 332.6 332.7 332.8 332.9 332.10 332.11 332.12 332.13 332.14 332.15 332.16 332.17 332.18 332.19 332.20 332.21 332.22 332.23 332.24 332.25 332.26 332.27 332.28 332.29 332.30 332.31 332.32 333.1 333.2 333.3 333.4 333.5 333.6 333.7 333.8 333.9 333.10 333.11 333.12 333.13 333.14 333.15 333.16 333.17 333.18 333.19 333.20 333.21 333.22 333.23 333.24 333.25 333.26 333.27 333.28 333.29 333.30 333.31 333.32 333.33 333.34 334.1 334.2 334.3 334.4 334.5 334.6 334.7 334.8 334.9 334.10 334.11 334.12 334.13 334.14 334.15 334.16 334.17 334.18 334.19 334.20 334.21 334.22 334.23 334.24 334.25 334.26 334.27 334.28 334.29 334.30 334.31 334.32 335.1 335.2 335.3 335.4 335.5 335.6 335.7 335.8 335.9 335.10 335.11 335.12 335.13 335.14 335.15 335.16 335.17 335.18 335.19 335.20 335.21 335.22 335.23 335.24 335.25 335.26 335.27 335.28 335.29 335.30
336.1 336.2 336.3 336.4 336.5 336.6 336.7 336.8 336.9 336.10 336.11 336.12 336.13 336.14 336.15 336.16 336.17 336.18 336.19 336.20 336.21 336.22 336.23
336.24 336.25 336.26 336.27 336.28 336.29 336.30 336.31 336.32 337.1 337.2 337.3 337.4 337.5 337.6
337.7 337.8 337.9 337.10 337.11 337.12
337.13 337.14 337.15 337.16 337.17 337.18 337.19 337.20 337.21 337.22
337.23 337.24 337.25 337.26 337.27 337.28 337.29 337.30 337.31 337.32 337.33 338.1 338.2 338.3 338.4 338.5 338.6
338.7 338.8 338.9 338.10 338.11 338.12 338.13 338.14 338.15 338.16 338.17 338.18
338.19 338.20 338.21 338.22 338.23 338.24 338.25 338.26 338.27 338.28 338.29 338.30 338.31 338.32 339.1 339.2 339.3 339.4 339.5 339.6 339.7 339.8 339.9 339.10 339.11 339.12 339.13 339.14 339.15 339.16 339.17 339.18 339.19 339.20 339.21 339.22 339.23 339.24 339.25 339.26 339.27 339.28 339.29 339.30 339.31 339.32 340.1 340.2 340.3 340.4 340.5 340.6 340.7 340.8 340.9 340.10 340.11 340.12 340.13 340.14 340.15 340.16 340.17 340.18 340.19 340.20 340.21 340.22 340.23 340.24 340.25 340.26 340.27 340.28 340.29 340.30 340.31 341.1 341.2 341.3 341.4 341.5 341.6 341.7 341.8 341.9 341.10 341.11 341.12 341.13 341.14 341.15 341.16 341.17 341.18 341.19 341.20 341.21 341.22 341.23 341.24 341.25 341.26 341.27 341.28 341.29 341.30 341.31 342.1 342.2 342.3 342.4 342.5 342.6
342.7 342.8 342.9 342.10 342.11 342.12 342.13 342.14 342.15 342.16 342.17 342.18 342.19 342.20 342.21 342.22 342.23 342.24 342.25 342.26 342.27 342.28 342.29 342.30 342.31 342.32
342.33 342.34
343.1 343.2 343.3 343.4 343.5 343.6 343.7 343.8 343.9 343.10 343.11 343.12 343.13 343.14 343.15 343.16 343.17 343.18 343.19 343.20 343.21 343.22 343.23 343.24 343.25 343.26 343.27 343.28 343.29 344.1 344.2 344.3 344.4 344.5 344.6 344.7 344.8 344.9 344.10 344.11
344.12 344.13
344.14 344.15 344.16 344.17 344.18
344.19 344.20 344.21 344.22 344.23 344.24 344.25 344.26 344.27 344.28 344.29
345.1 345.2 345.3 345.4
345.5 345.6
A bill for an act
relating to state government; amending law related to a state board and office of
appellate counsel and training, court fees, human rights, crime, public safety,
victim, sentencing, expungement, clemency, evidence, policing, private security,
corrections, firearm, controlled substances, community supervision, and 911
Emergency Communication System policy; providing for reports; authorizing
rulemaking; appropriating money for judiciary, Guardian ad Litem Board, Uniform
Laws Commission, Board on Judicial Standards, child advocacy center, sentencing
guidelines, public safety, fire marshal, Office of Justice programs, emergency
communication, Peace Officer Standards and Training Board, Private Detective
Board, corrections, Ombudsperson for Corrections, Board of Public Defense,
juvenile justice, peace officer education and training, and violent crime reduction
and prevention; amending Minnesota Statutes 2022, sections 13.825, subdivision
2; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2; 121A.28; 144.6586,
subdivision 2; 145.4712; 151.01, by adding a subdivision; 151.40, subdivisions
1, 2; 152.01, subdivisions 12a, 18, by adding a subdivision; 152.02, subdivisions
2, 3, 5, 6; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023,
subdivision 2; 152.025, subdivision 2; 152.093; 152.18, subdivision 1; 152.205;
181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021,
subdivisions 1d, 2a, 2b; 241.025, subdivisions 1, 2, 3; 241.90; 243.05, subdivision
1; 243.166, subdivision 1b; 244.03; 244.05, subdivisions 1b, 2, 3, 5; 244.09,
subdivisions 2, 3, by adding a subdivision; 244.19, subdivisions 1, 2, 3, 5, by
adding a subdivision; 244.195, subdivisions 1, 2, by adding subdivisions; 244.20;
244.21; 245C.08, subdivisions 1, 2; 260B.176, by adding a subdivision; 297I.06,
subdivision 1; 299A.38; 299A.41, subdivision 3; 299A.78, subdivision 1; 299A.79,
subdivision 3; 299A.85, subdivision 6; 299C.10, subdivision 1; 299C.106,
subdivision 3; 299C.11, subdivisions 1, 3; 299C.111; 299C.17; 299C.53,
subdivision 3; 299F.46, subdivision 1; 299F.50, by adding subdivisions; 299F.51,
subdivisions 1, 2, 5, by adding a subdivision; 299M.10; 326.32, subdivision 10;
326.3311; 326.336, subdivision 2; 326.3361, subdivision 2; 326.3387, subdivision
1; 357.021, subdivision 2; 363A.06, subdivision 1; 401.01; 401.02; 401.025;
401.04; 401.05, subdivision 1; 401.06; 401.08, subdivisions 2, 4; 401.09; 401.10;
401.11; 401.12; 401.14, subdivisions 1, 3; 401.15, subdivision 1; 401.16; 403.02,
subdivisions 7, 9a, 11b, 16a, 17, 17c, 18, 19, 19a, 20, 20a, 21, by adding
subdivisions; 403.025; 403.03, subdivision 2; 403.05; 403.06; 403.07; 403.08;
403.09, subdivision 2; 403.10, subdivisions 2, 3; 403.11; 403.113; 403.15,
subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 484.85; 609.02, subdivisions
2, 16; 609.03; 609.05, by adding a subdivision; 609.105, subdivisions 1, 3;
609.1055; 609.135, subdivisions 1a, 1c, 2; 609.14, subdivision 1, by adding a
subdivision; 609.2231, subdivision 4; 609.2233; 609.25, subdivision 2; 609.269;
609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a subdivision;
609.321, by adding subdivisions; 609.322, subdivision 1; 609.35; 609.52,
subdivision 3; 609.527, subdivision 1, by adding a subdivision; 609.582,
subdivisions 3, 4; 609.595, subdivisions 1a, 2; 609.67, subdivisions 1, 2; 609.746,
subdivision 1; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3; 609A.03,
subdivisions 5, 7a, 9; 611A.03, subdivision 1; 611A.211, subdivision 1; 611A.31,
subdivisions 2, 3, by adding a subdivision; 611A.32; 624.713, subdivision 1;
624.7131, subdivisions 4, 5, 7, 8, 9, 11; 624.7132, subdivisions 4, 5, 8, 10, 13;
626.14, subdivision 2, by adding subdivisions; 626.15; 626.21; 626.5531,
subdivision 1; 626.843, by adding a subdivision; 626.8432, subdivision 1; 626.8451,
subdivision 1; 626.8457, by adding subdivisions; 626.8469, subdivision 1;
626.8473, subdivision 3; 626.87, subdivisions 2, 3, 5, by adding a subdivision;
626.89, subdivision 17; 626.90, subdivision 2; 626.91, subdivisions 2, 4; 626.92,
subdivisions 2, 3; 626.93, subdivisions 3, 4; 626A.35, by adding a subdivision;
628.26; 638.01; 638.02, subdivisions 2, 3; 641.15, subdivision 2; 641.155; Laws
2021, First Special Session chapter 11, article 1, section 15, subdivision 3;
proposing coding for new law in Minnesota Statutes, chapters 241; 243; 244; 260B;
260C; 299A; 299C; 401; 604; 609; 609A; 617; 624; 626; 638; 641; repealing
Minnesota Statutes 2022, sections 152.092; 244.18; 244.19, subdivisions 6, 7, 8;
244.22; 244.24; 244.30; 299C.80, subdivision 7; 403.02, subdivision 13; 403.09,
subdivision 3; 609.281, subdivision 2; 609.293, subdivisions 1, 5; 609.34; 609.36;
624.7131, subdivision 10; 624.7132, subdivisions 6, 14; 626.14, subdivisions 3,
4; 626.93, subdivision 7; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075;
638.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
JUDICIARY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin SUPREME COURT
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
73,666,000 new text end |
new text begin
$ new text end |
new text begin
91,516,000 new text end |
||
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Supreme Court Operations
|
new text begin
44,943,000 new text end |
new text begin
46,703,000 new text end |
||||
new text begin
(a)
new text end
new text begin
Contingent Account
new text end
new text begin
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
new text begin
(b) Justices' Compensation
new text end
new text begin
Justices' compensation is increased by four
percent in the first year and four percent in the
second year.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
28,723,000 new text end |
new text begin
44,813,000 new text end |
||||
new text begin
The general fund base is $44,960,000 in fiscal
year 2026 and $45,714,000 in fiscal year 2027.
new text end
new text begin
Legal Services to Low-Income Clients in
Family Law Matters
new text end
new text begin
$1,017,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.
new text end
Sec. 3. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
14,205,000 new text end |
new text begin
$ new text end |
new text begin
14,762,000 new text end |
||
new text begin
(a) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by four
percent in the first year and four percent in the
second year.
new text end
new text begin
(b) Law Clerk Salaries
new text end
new text begin
$134,300 each year is to increase the
compensation of court of appeals law clerks
to a salary of $69,384 per year.
Notwithstanding Minnesota Statutes, section
16A.285, the court of appeals must not transfer
this money between programs.
new text end
Sec. 4. new text begin DISTRICT COURTS
|
new text begin
$ new text end |
new text begin
371,931,000 new text end |
new text begin
$ new text end |
new text begin
370,311,000 new text end |
||
new text begin
(a) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by four
percent in the first year and four percent in the
second year.
new text end
new text begin
(b) Law Clerk Salaries
new text end
new text begin
$4,413,000 each year is to increase the
compensation of district court law clerks to a
salary of $69,384 per year. Notwithstanding
Minnesota Statutes, section 16A.285, the
district court must not transfer this money
between programs.
new text end
new text begin
(c) Juror Reimbursement
new text end
new text begin
$2,625,000 each year is to increase the rate of
compensation for jurors to $50 for each day
of required attendance at sessions of court.
new text end
Sec. 5. new text begin GUARDIAN AD LITEM BOARD
|
new text begin
$ new text end |
new text begin
24,358,000 new text end |
new text begin
$ new text end |
new text begin
25,620,000 new text end |
||
Sec. 6. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
2,173,000 new text end |
new text begin
$ new text end |
new text begin
2,308,000 new text end |
||
new text begin
Law Clerk Salaries
new text end
new text begin
$40,000 each year is to increase the
compensation of Tax Court law clerks to a
salary of $69,384 per year. Notwithstanding
Minnesota Statutes, section 16A.285, the Tax
Court must not transfer this money between
programs.
new text end
Sec. 7. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
115,000 new text end |
new text begin
$ new text end |
new text begin
115,000 new text end |
||
Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
655,000 new text end |
new text begin
$ new text end |
new text begin
645,000 new text end |
||
new text begin
(a) Availability of Appropriation
new text end
new text begin
If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end
new text begin
(b) Major Disciplinary Actions
new text end
new text begin
$125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures until June 30,
2027.
new text end
Sec. 9. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
154,134,000 new text end |
new text begin
$ new text end |
new text begin
164,360,000 new text end |
||
Sec. 10. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
8,431,000 new text end |
new text begin
$ new text end |
new text begin
8,823,000 new text end |
||
new text begin
The general fund base is $9,303,000 in fiscal
year 2026 and $9,303,000 in fiscal year 2027.
new text end
new text begin
Mediator Payments
new text end
new text begin
$20,000 each year is to fund payments to
mediators. This appropriation is onetime and
is available until June 30, 2027.
new text end
Sec. 11. new text begin OFFICE OF APPELLATE COUNSEL
|
new text begin
$ new text end |
new text begin
659,000 new text end |
new text begin
$ new text end |
new text begin
1,560,000 new text end |
||
new text begin
Establishment and Operations
new text end
new text begin
$659,000 the first year and $1,560,000 the
second year are for establishment and
operation of the Statewide Office of Appellate
Counsel and Training as described in
Minnesota Statutes, section 260C.419, and to
provide support for the State Board of
Appellate Counsel and Training.
new text end
Sec. 12. new text begin DEPARTMENT OF HUMAN
|
new text begin
$ new text end |
new text begin
1,500,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
Child Advocacy Center
new text end
new text begin
$1,500,000 the first year is for a grant to First
Witness Child Advocacy Center for the
acquisition and improvement of properties
located at 1402, 1406, and 1412 East 2nd
Street in the city of Duluth. This appropriation
includes money for demolition of the building
located at 1412 East 2nd Street and
construction of a parking lot, and for
renovation, furnishing, and equipping of the
buildings located at 1402 and 1406 East 2nd
Street as a training center and a child advocacy
center.
new text end
ARTICLE 2
PUBLIC SAFETY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025. Appropriations for the fiscal year ending June 30, 2023, are
effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2023 new text end |
new text begin
2024 new text end |
new text begin
2025 new text end |
||||
Sec. 2. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
1,549,000 new text end |
new text begin
$ new text end |
new text begin
1,488,000 new text end |
||
new text begin
The general fund base is $1,071,000 in fiscal
year 2026 and $1,071,000 in fiscal year 2027.
new text end
Sec. 3. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
295,624,000 new text end |
new text begin
$ new text end |
new text begin
279,032,000 new text end |
|
new text begin
Appropriations by Fund new text end |
|||
|
new text begin
2023 new text end |
new text begin
2024 new text end |
new text begin
2025 new text end |
|
|
new text begin
General new text end |
new text begin
1,000,000 new text end |
new text begin
199,570,000 new text end |
new text begin
189,449,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
18,458,000 new text end |
new text begin
18,711,000 new text end |
|
|
new text begin
State Government Special Revenue new text end |
new text begin
103,000 new text end |
new text begin
103,000 new text end |
|
|
new text begin
Environmental new text end |
new text begin
119,000 new text end |
new text begin
127,000 new text end |
|
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
|
|
new text begin
911 Fund new text end |
new text begin
75,329,000 new text end |
new text begin
68,597,000 new text end |
|
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Public Safety
|
new text begin
1,000,000 new text end |
new text begin
2,500,000 new text end |
new text begin
2,500,000 new text end |
new text begin
(a) Public Safety Officer Survivor Benefits
new text end
new text begin
$1,000,000 in fiscal year 2023, $1,500,000 in
fiscal year 2024, and $1,500,000 in fiscal year
2025 are for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for either
year is insufficient, the appropriation for the
other year is available.
new text end
new text begin
(b) Soft Body Armor Reimbursements
new text end
new text begin
$1,000,000 each year is for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38.
new text end
new text begin Subd. 3. new text end
new text begin
Emergency Management
|
new text begin
9,080,000 new text end |
new text begin
6,166,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
8,961,000 new text end |
new text begin
6,039,000 new text end |
|
new text begin
Environmental new text end |
new text begin
119,000 new text end |
new text begin
127,000 new text end |
new text begin
(a) Supplemental Nonprofit Security Grants
new text end
new text begin
$250,000 each year is for supplemental
nonprofit security grants under this paragraph.
This appropriation is onetime.
new text end
new text begin
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end
new text begin
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end
new text begin
The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program.
new text end
new text begin
(b) School Safety Center
new text end
new text begin
$300,000 each year is to fund two new school
safety specialists at the Minnesota School
Safety Center.
new text end
new text begin
(c) Local Government Emergency
Management
new text end
new text begin
$2,000,000 each year is to award grants in
equal amounts to the emergency management
organization of the 87 counties, 11 federally
recognized Tribes, and four cities of the first
class for reimbursement of planning and
preparedness activities, including capital
purchases, that are eligible under federal
emergency management grant guidelines.
Local emergency management organizations
must make a request to Homeland Security
and Emergency Management Division
(HSEM) for these grants. Current local
funding for emergency management and
preparedness activities may not be supplanted
by these additional state funds. Of this amount,
up to one percent may be used for the
administrative costs of the agency. Funds
appropriated for this purpose do not cancel
and are available until expended. Unspent
money may be redistributed to eligible local
emergency management organizations. This
appropriation is onetime.
new text end
new text begin
By March 15, 2024, the commissioner of
public safety must submit a report on the grant
awards to the chairs and ranking minority
members of the legislative committees with
jurisdiction over emergency management and
preparedness activities. At a minimum, the
report must identify grant recipients and give
detailed information on how the grantees used
the money received.
new text end
new text begin
(d) Lake Superior Chippewa Tribal
Emergency Management Coordinator
new text end
new text begin
$145,000 each year is for a grant to the Grand
Portage Band of Lake Superior Chippewa to
establish and maintain a Tribal emergency
management coordinator under Minnesota
Statutes, section 12.25.
new text end
new text begin
(e) Grand Portage Band of Lake Superior
Chippewa Tribe Coast Guard Services
new text end
new text begin
$3,000,000 in fiscal year 2024 is for a grant
to the Grand Portage Band of Lake Superior
Chippewa to purchase equipment and fund a
position for coast guard services off the north
shore of Lake Superior. This is a onetime
appropriation.
new text end
new text begin Subd. 4. new text end
new text begin
Criminal Apprehension
|
new text begin
95,420,000 new text end |
new text begin
92,912,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
92,984,000 new text end |
new text begin
90,476,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
new text begin
The annual base from the general fund is
$90,496,000 beginning in fiscal year 2026.
new text end
new text begin
(a)
new text end
new text begin
DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 the first
year and $2,429,000 the second year are from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end
new text begin
(b) State Fraud Unit
new text end
new text begin
$1,300,000 each year is for staff and operating
costs to create the State Fraud Unit to
centralize the state's response to activities of
fraud with an estimated impact of $100,000
or more.
new text end
new text begin
(c) FBI Compliance, Critical IT
Infrastructure, and Cybersecurity
Upgrades
new text end
new text begin
$2,000,000 the first year and $1,000,000 the
second year are for cybersecurity investments,
critical infrastructure upgrades, and Federal
Bureau of Investigation audit compliance.
new text end
new text begin
(d) Clean Slate
new text end
new text begin
$3,737,000 in fiscal year 2024 and $190,000
in fiscal year 2025 are for costs associated
with automatic expungements and changes to
expungements by petition.
new text end
new text begin
(e) Firearm Eligibility Background Checks
new text end
new text begin
$70,000 in fiscal year 2024 is to purchase and
integrate information technology hardware
and software necessary to process additional
firearms eligibility background checks.
new text end
new text begin
(f) Use of Force Investigations
new text end
new text begin
$4,419,000 each year is for operation of the
independent Use of Force Investigations Unit
pursuant to Minnesota Statutes, section
299C.80.
new text end
new text begin
(g) Fusion Center Report
new text end
new text begin
$115,000 each year is to fund the fusion center
report mandated under Minnesota Statutes,
section 299C.055. The appropriation is added
to the agency's base.
new text end
new text begin
(h) Human Trafficking Task Force
new text end
new text begin
$1,000,000 each year is for staff and operating
costs to support the Bureau of Criminal
Apprehension-led Minnesota Human
Trafficking Investigator's Task Force.
new text end
new text begin Subd. 5. new text end
new text begin
Fire Marshal
|
new text begin
16,397,000 new text end |
new text begin
16,656,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
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|
new text begin
General new text end |
new text begin
4,184,000 new text end |
new text begin
4,190,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
12,213,000 new text end |
new text begin
12,466,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation from this account is $12,566,000
in fiscal year 2026 and $12,466,000 in fiscal
year 2027.
new text end
new text begin
(a) Hazardous Materials and Emergency
Response Teams
new text end
new text begin
$453,000 each year from the fire safety
account in the special revenue fund for
hazardous materials and emergency response
teams.
new text end
new text begin
(b) Hometown Heroes Assistance Program
new text end
new text begin
$4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.
new text end
new text begin Subd. 6. new text end
new text begin
Firefighter Training and Education
|
new text begin
6,175,000 new text end |
new text begin
6,175,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
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|
new text begin
Special Revenue new text end |
new text begin
6,175,000 new text end |
new text begin
6,175,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
|
new text begin
(a) Firefighter Training and Education new text end |
||||||
new text begin
$4,500,000 each year from the special revenue
fund is for firefighter training and education.
new text end
new text begin
(b) Task Force 1
new text end
new text begin
$1,125,000 each year is for the Minnesota
Task Force 1.
new text end
new text begin
(c)
new text end
new text begin
Task Force 2
new text end
new text begin
$200,000 each year is for Minnesota Task
Force 2.
new text end
new text begin
(d) Air Rescue
new text end
new text begin
$350,000 each year is for the Minnesota Air
Rescue Team.
new text end
|
new text begin
(e) Unappropriated Revenue new text end |
||||||
new text begin
Any additional unappropriated money
collected in fiscal year 2023 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 7. new text end
new text begin
Alcohol and Gambling
|
new text begin
3,500,000 new text end |
new text begin
3,754,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,430,000 new text end |
new text begin
3,684,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
70,000 new text end |
new text begin
70,000 new text end |
new text begin
$70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end
new text begin Subd. 8. new text end
new text begin
Office of Justice Programs
|
new text begin
86,607,000 new text end |
new text begin
81,656,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
86,511,000 new text end |
new text begin
81,560,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
(a) Domestic and Sexual Violence Housing
new text end
new text begin
$1,250,000 each year is to establish a
Domestic Violence Housing First grant
program to provide resources for survivors of
violence to access safe and stable housing and
for staff to provide mobile advocacy and
expertise in housing resources in their
community, and a Minnesota Domestic and
Sexual Violence Transitional Housing
program to develop and support medium to
long term transitional housing for survivors
of domestic and sexual violence with
supportive services.
new text end
new text begin
(b) Office for Missing and Murdered Black
Women and Girls
new text end
new text begin
$1,248,000 each year is to establish and
maintain the Minnesota Office for Missing
and Murdered Black Women and Girls.
new text end
new text begin
(c) Office of Restorative Practices
new text end
new text begin
$500,000 each year is to establish and
maintain the Office of Restorative Practices.
new text end
new text begin
(d) Crossover and Dual-Status Youth Model
Grants
new text end
new text begin
$1,000,000 each year is to provide grants to
local units of government to initiate or expand
crossover youth practices model and
dual-status youth programs that provide
services for youth who are involved with or
at risk of becoming involved with both the
child welfare and juvenile justice systems, in
accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model.
new text end
new text begin
(e) Restorative Practices Initiatives Grants
new text end
new text begin
$5,000,000 each year is for grants to establish
and support restorative practices initiatives
pursuant to Minnesota Statutes, section
260B.020, subdivision 6. The base for this
activity is $2,500,000 beginning in fiscal year
2026.
new text end
new text begin
(f) Ramsey County Youth Treatment
Homes Acquisition and Betterment
new text end
new text begin
$5,000,000 in fiscal year 2024 is for a grant
to Ramsey County to establish, with input
from community stakeholders, including
impacted youth and families, up to seven
intensive trauma-informed therapeutic
treatment homes in Ramsey County that are
licensed by the Department of Human
Services, culturally specific,
community-based, and can be secured. These
residential spaces must provide intensive
treatment and intentional healing for youth as
ordered by the court as part of the disposition
of a case in juvenile court.
new text end
new text begin
(g) Ramsey County Violence Prevention
new text end
new text begin
$1,250,000 each year is for a grant to Ramsey
County to award grants to develop new and
further enhance existing community-based
organizational support through violence
prevention and community wellness grants.
Grantees must use the money to create family
support groups and resources to support
families during the time a young person is
placed out of home following a juvenile
delinquency adjudication and support the
family through the period of postplacement
reentry; create community-based respite
options for conflict or crisis de-escalation to
prevent incarceration or further systems
involvement for families; and establish
additional meaningful employment
opportunities for systems-involved youth.
new text end
new text begin
(h) Youth Intervention Programs
new text end
new text begin
$7,500,000 each year is for youth intervention
programs under Minnesota Statutes, section
299A.73.
new text end
new text begin
(i) Community-Co-Responder Grants
new text end
new text begin
$3,000,000 each year is for grants to local law
enforcement agencies and local governments
to build or maintain partnerships with mental
health professionals, mental health
practitioners, peer specialists, or mobile crisis
teams in order to respond to people
experiencing or having experienced a mental
health crisis. The Office of Justice Programs
must prioritize grants to law enforcement
agencies and local governments that partner
with mobile crisis teams providing mobile
crisis services pursuant to Minnesota Statutes,
sections 245.469 and 256B.0624. Grant
proposals should define the types of calls to
which mental health professionals, mental
health practitioners, peer specialists, or mobile
crisis teams will respond; the types of services
that will be provided; the training that will be
provided; and the types of records that will be
kept. The proposal should also address the
respective roles of the peace officers and
mental health workers, including but not
limited to their respective roles in relation to
transport holds, and data that will be collected
to demonstrate the impact of the partnership.
The base for this activity is $4,500,000
beginning in fiscal year 2026.
new text end
new text begin
(j) Prosecutor Training
new text end
new text begin
$100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. All training funded
with grant proceeds must contain blocks of
instruction on racial disparities in the criminal
justice system, collateral consequences to
criminal convictions, and trauma-informed
responses to victims. This is a onetime
appropriation.
new text end
new text begin
The Minnesota County Attorneys Association
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over public safety policy and
finance on the training provided with grant
proceeds, including a description of each
training and the number of prosecutors and
law enforcement officers who received
training. The report is due by February 15,
2025. The report may include trainings
scheduled to be completed after the date of
submission with an estimate of expected
participants.
new text end
new text begin
(k) Violence Prevention Research Center
new text end
new text begin
$250,000 each year is to fund a violence
prevention project research center that operates
as a 501(c)(3) nonprofit organization and is a
nonpartisan research center dedicated to
reducing violence in society and using data
and analysis to improve criminal
justice-related policy and practice in
Minnesota. The research center must place an
emphasis on issues related to deaths and
injuries involving firearms.
new text end
new text begin
Beginning January 15, 2025, the grant
recipient must submit an annual report to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety policy and finance on its work
and findings. The report must include a
description of the data reviewed, an analysis
of that data, and recommendations to improve
criminal justice-related policy and practice in
Minnesota with specific recommendations to
address deaths and injuries involving firearms.
new text end
new text begin
(l) First Responder Mental Health
Curriculum
new text end
new text begin
$25,000 in fiscal year 2024 is for a grant to a
nonprofit graduate school that trains mental
health professionals. The grantee must use the
grant to develop a curriculum for a 24-week
certificate to train licensed therapists to
understand the nuances, culture, and stressors
of the work environments of first responders
to allow those therapists to provide effective
treatment to first responders in distress. The
grantee must collaborate with first responders
who are familiar with the psychological,
cultural, and professional issues of their field
to develop the curriculum and promote it upon
completion.
new text end
new text begin
(m) First Responder Therapy Grant
new text end
new text begin
$100,000 in fiscal year 2024 is to issue a grant
to a nonprofit organization that operates at a
class A race track and provides equine
experiential mental health therapy to first
responders suffering from job-related trauma
and post-traumatic stress disorder. This is a
onetime appropriation.
new text end
new text begin
For purposes of this section, a "first responder"
is a peace officer as defined in Minnesota
Statutes, section 626.84, subdivision 1,
paragraph (c); a full-time firefighter as defined
in Minnesota Statutes, section 299N.03,
subdivision 5; or a volunteer firefighter as
defined in Minnesota Statutes, section
299N.03, subdivision 7.
new text end
new text begin
The grant recipient must report to the
commissioner of public safety and the chairs
and ranking minority members of the house
of representatives and senate committees
overseeing public safety policy and finance
on the equine experiential mental health
therapy provided to first responders under this
section. The report must include an overview
of the program's budget, a detailed explanation
of program expenditures, the number of first
responders served by the program, and a list
and explanation of the services provided to
and benefits received by program participants.
An initial report is due by January 15, 2024,
and a final report is due by January 15, 2025.
new text end
new text begin
(n) Peer-to-Peer First Responder Mental
Health Treatment Grant
new text end
new text begin
$250,000 in fiscal year 2024 is to provide a
grant to a nonprofit that provides and
facilitates peer-to-peer mental health treatment
for present and former law enforcement
officers and first responders facing
employment-related mental health issues,
utilizing interactive group activity and other
methods. This is a onetime appropriation.
new text end
new text begin
(o) Report on Approaches to Address Illicit
Drug Use in Minnesota
new text end
new text begin
$118,000 each year is to enter into an
agreement with Rise Research LLC for a study
and set of reports on illicit drug use in
Minnesota describing current responses to that
use, reviewing alternative approaches utilized
in other jurisdictions, and making policy and
funding recommendations for a holistic and
effective response to illicit drug use and the
illicit drug trade. The agreement must establish
a budget and schedule with clear deliverables.
This appropriation is onetime.
new text end
new text begin
The study must include a review of current
policies, practices, and funding; identification
of alternative approaches utilized effectively
in other jurisdictions; and policy and funding
recommendations for a response to illicit drug
use and the illicit drug trade that reduces and,
where possible, prevents harm and expands
individual and community health, safety, and
autonomy. Recommendations must consider
impacts on public safety, racial equity,
accessibility of health and ancillary supportive
social services, and the intersections between
drug policy and mental health, housing and
homelessness, overdose and infectious disease,
child welfare, and employment.
new text end
new text begin
Rise Research may subcontract and coordinate
with other organizations or individuals to
conduct research, provide analysis, and
prepare the reports required by this section.
new text end
new text begin
Rise Research shall submit reports to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety finance and policy, human
services finance and policy, health finance and
policy, and judiciary finance and policy. Rise
Research shall submit an initial report by
February 15, 2024, and a final report by March
1, 2025.
new text end
new text begin
(p) Legal Representation for Children
new text end
new text begin
$150,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. These appropriations are in addition to
any other appropriations for the legal
representation of children. This appropriation
is onetime.
new text end
new text begin
(q) Mental Health Services for First
Responders Grant Program
new text end
new text begin
$1,000,000 each year is for grants to fund
mental health services for first responders
under section 23.
new text end
new text begin
(r) Pretrial Release Study and Report
new text end
new text begin
$250,000 each year are for a grant to the
Minnesota Justice Research Center to study
and report on pretrial release practices in
Minnesota and other jurisdictions, including
but not limited to the use of bail as a condition
of pretrial release. This appropriation is
onetime.
new text end
new text begin
(s) Costs of Medical Examinations
new text end
new text begin
$3,967,000 in fiscal year 2024 and $3,767,000
in fiscal year 2025 are to reimburse qualified
health care providers for the expenses
associated with medical examinations
administered to victims of criminal sexual
conduct as required under Minnesota Statutes,
section 609.35. The base for this program is
$3,771, 000 in fiscal year 2026 and $3,776,000
in fiscal year 2027.
new text end
new text begin
(t) Firearm Storage Grants
new text end
new text begin
$250,000 in fiscal year 2024 is for grants to
local or state law enforcement agencies to
support the safe and secure storage of firearms
owned by persons subject to extreme risk
protection orders. The commissioner must
apply for a grant from the Byrne State Crisis
Intervention Program to supplement the funds
appropriated by the legislature for
implementation of Minnesota Statutes,
sections 624.7171 to 624.7178 and 626.8481.
Of the federal funds received, the
commissioner must dedicate at least an amount
that is equal to this appropriation to fund safe
and secure firearms storage grants provided
for under this paragraph. This is onetime
appropriation.
new text end
new text begin
(u) Increased Staffing
new text end
new text begin
$667,000 in fiscal year 2024 and $1,334,000
in fiscal year 2025 are to increase staffing in
the Office of Justice Programs for grant
monitoring and compliance; provide training
and technical assistance to grantees and
potential grantees; conduct community
outreach and engagement to improve the
experiences and outcomes of applicants, grant
recipients, and crime victims throughout
Minnesota; expand the Minnesota Statistical
Analysis Center; and increase staffing for the
crime victim reimbursement program.
new text end
new text begin
(v) Administration Costs
new text end
new text begin
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end
new text begin Subd. 9. new text end
new text begin
Emergency Communication Networks
|
new text begin
76,329,000 new text end |
new text begin
69,597,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
1,000,000 new text end |
new text begin
1,000,000 new text end |
|
new text begin
911 Fund new text end |
new text begin
75,329,000 new text end |
new text begin
68,597,000 new text end |
|
new text begin
(a) Public Safety Answering Points new text end |
||||||
new text begin
$28,011,000 the first year and $28,011,000
the second year shall be distributed as
provided under Minnesota Statutes, section
403.113, subdivision 2.
new text end
new text begin
(b) Transition to Next Generation 911
new text end
new text begin
$7,000,000 in the first year is to support Public
Safety Answering Points' transition to Next
Generation 911. Funds may be used for
planning, cybersecurity, GIS data collection
and maintenance, 911 call processing
equipment, and new Public Safety Answering
Point technology to improve service delivery.
Funds shall be distributed by October 1, 2023,
as provided in Minnesota Statutes, section
403.113, subdivision 2. Funds are available
until June 30, 2025, and any unspent funds
must be returned to the 911 emergency
telecommunications service account. This is
a onetime appropriation.
new text end
new text begin
Each eligible entity receiving these funds must
provide a detailed report on how the funds
were used to the commissioner of public safety
by August 1, 2025.
new text end
new text begin
(c) ARMER State Backbone Operating
Costs
new text end
new text begin
$10,116,000 the first year and $10,384,000
the second year are transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(d) Statewide Emergency Communications
Board
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board. Funds
may be used for operating costs, to provide
competitive grants to local units of
government to fund enhancements to a
communication system, technology, or support
activity that directly provides the ability to
deliver the 911 call between the entry point to
the 911 system and the first responder, and to
further the strategic goals set forth by the
SECB Statewide Communication
Interoperability Plan.
new text end
new text begin
(e) Statewide Public Safety Radio
Communication System Equipment Grants
new text end
new text begin
$1,000,000 each year from the general fund
is for grants to local units of government,
federally recognized Tribal entities, and state
agencies participating in the statewide Allied
Radio Matrix for Emergency Response
(ARMER) public safety radio communication
system established under Minnesota Statutes,
section 403.36, subdivision 1e. The grants
must be used to purchase or upgrade portable
radios, mobile radios, and related equipment
that is interoperable with the ARMER system.
Each local government unit may receive only
one grant. The grant is contingent upon a
match of at least five percent from nonstate
funds. The director of the Department of
Public Safety Emergency Communication
Networks division, in consultation with the
Statewide Emergency Communications Board,
must administer the grant program. This
appropriation is available until June 30, 2026.
This is a onetime appropriation.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
13,286,000 new text end |
new text begin
$ new text end |
new text begin
12,892,000 new text end |
||
new text begin
The general fund base is $6,892,000 beginning
in fiscal year 2026. The amounts that may be
spent for each purpose are specified in the
following subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Peace Officer Training Reimbursements
|
||||||
new text begin
$2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
758,000 new text end |
new text begin
$ new text end |
new text begin
688,000 new text end |
||
Sec. 6. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
12,643,000 new text end |
new text begin
$ new text end |
new text begin
621,145,000 new text end |
new text begin
$ new text end |
new text begin
658,001,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Incarceration and
|
new text begin
$ new text end |
new text begin
12,643,000 new text end |
new text begin
$ new text end |
new text begin
525,399,000 new text end |
new text begin
$ new text end |
new text begin
557,683,000 new text end |
new text begin
(a) Body-worn Camera Program
new text end
new text begin
$1,000,000 each year is to create a body-worn
camera program for corrections officers and
intensive supervised release agents.
new text end
new text begin
(b) Prison Rape Elimination Act
new text end
new text begin
$1,000,000 each year is for Prison Rape
Elimination Act (PREA) compliance.
new text end
new text begin
(c) ARMER Radio System
new text end
new text begin
$1,500,000 each year is to upgrade and
maintain the ARMER radio system within
correctional facilities.
new text end
new text begin
(d) Special Investigations Office
new text end
new text begin
$999,000 in fiscal year 2024 and $1,865,000
in fiscal year 2025 are to establish and
maintain a special investigations office within
the fugitive apprehension unit. The base for
this purpose in fiscal year 2026 is $1,461,000.
Beginning in fiscal year 2027, the base for this
purpose is $1,462,000.
new text end
new text begin
(e) Health Services
new text end
new text begin
$1,072,000 in fiscal year 2024 and $2,542,000
in fiscal year 2025 are for the health services
division to provide 24-hour nursing capacity
at correctional facilities in Rush City, Moose
Lake, St. Cloud, Lino Lakes, and Stillwater.
new text end
new text begin
(f) Educational Programming and Support
Services
new text end
new text begin
$2,320,000 in fiscal year 2024 and $3,145,000
in fiscal year 2025 are for educational
programming and support services. Beginning
in fiscal year 2026, the base for this purpose
is $2,901,000.
new text end
new text begin
(g) Inmate External Communication Fees
new text end
new text begin
$2,000,000 each year is to reduce or eliminate
the fees for inmates to communicate with
nonincarcerated persons.
new text end
new text begin
(h) Supportive Arts for Incarcerated
Persons
new text end
new text begin
$150,000 in fiscal year 2024 is for supportive
arts for incarcerated persons grants. Of this
amount, up to ten percent is for administration,
including facility space, access, liaison, and
monitoring. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
new text end
new text begin
(i) Operating Deficiency
new text end
new text begin
$12,643,000 in fiscal year 2023 is to meet
financial obligations in fiscal year 2023. This
is a onetime appropriation.
new text end
new text begin
(j) Incarceration and Prerelease Services
Base Budget
new text end
new text begin
The general fund base for Department of
Corrections incarceration and prerelease
services is $552,315,000 in fiscal year 2026
and $552,645,000 in fiscal year 2027.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
48,332,000 new text end |
new text begin
49,417,000 new text end |
new text begin
(a) Tribal Nation Supervision
new text end
new text begin
$2,750,000 each year is for grants to Tribal
Nations to provide supervision in tandem with
the department.
new text end
new text begin
(b) Alternatives to Incarceration
new text end
new text begin
$160,000 each year is for funding to Mower
County to facilitate access to community
treatment options under the alternatives to
incarceration program.
new text end
new text begin
(c) Peer Support Project
new text end
new text begin
$266,000 each year is to create a reentry peer
support project.
new text end
new text begin
(d) Postrelease Sex Offender Program
new text end
new text begin
$2,415,000 each year is for postrelease sex
offender treatment.
new text end
new text begin
(e) Regional and County Jails Study and
Report
new text end
new text begin
$150,000 in fiscal year 2024 is to fund the
commissioner's study and report on the
consolidation or merger of county jails and
alternatives to incarceration for persons
experiencing mental health disorders.
new text end
new text begin
(f) Work Release Programs
new text end
new text begin
$500,000 each year is for work release
programs.
new text end
new text begin
(g) County Discharge Plans
new text end
new text begin
$860,000 in fiscal year 2024 and $861,000 in
fiscal year 2025 are for counties to establish
or maintain jail reentry coordination programs.
The commissioner shall develop a request for
proposal for counties to establish or maintain
reentry programs. The commissioner must
disburse 50 percent of the funding to counties
outside the metropolitan area, as defined in
Minnesota Statutes, section 473.121,
subdivision 2. The commissioner may retain
up to five percent of the appropriation amount
to monitor and administer the grant under this
section. Beginning in fiscal year 2026, the
base for this purpose is $989,000.
new text end
new text begin
(h) Housing Initiatives
new text end
new text begin
$2,130,000 each year is for housing initiatives
to support stable housing of incarcerated
individuals upon release. The base for this
purpose in fiscal year 2026 and beyond is
$1,685,000. Of this amount:
new text end
new text begin
(1) $1,000,000 each year is for housing
stabilization prerelease services and program
evaluation. The base for this purpose in fiscal
year 2026 and beyond is $760,000;
new text end
new text begin
(2) $500,000 each year is for rental assistance
for incarcerated individuals approaching
release, on supervised release, or on probation
who are at risk of homelessness;
new text end
new text begin
(3) $405,000 each year is for culturally
responsive trauma-informed transitional
housing. The base for this purpose in fiscal
year 2026 and beyond is $200,000; and
new text end
new text begin
(4) $225,000 each year is for housing
coordination activities.
new text end
new text begin
(i) Redemption Project
new text end
new text begin
$150,000 each year is for a grant to The
Redemption Project to provide inmates with
curriculum and corporate mentors while
incarcerated and meaningful employment upon
release from a correctional facility. This is a
onetime appropriation.
new text end
new text begin
(j) Community Supervision and Postrelease
Services Base Budget
new text end
new text begin
The general fund base for Department of
Corrections community supervision and
postrelease services is $48,371,000 in fiscal
year 2026 and $48,271,000 in fiscal year 2027.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
47,414,000 new text end |
new text begin
50,901,000 new text end |
||||
new text begin
(a) Public Safety Data Infrastructure
new text end
new text begin
$1,000,000 each year s for the development
and management of statewide public safety
information sharing infrastructure and
foundation technologies. The department shall
consult with county correctional supervision
providers, the Judicial Branch, the Minnesota
Sheriff's Association, the Minnesota Chiefs
of Police Association, and the Bureau of
Criminal Apprehension, among other public
safety stakeholders, in the development,
design, and implementation of a statewide
public safety information sharing
infrastructure.
new text end
new text begin
(b) Indeterminate Sentence Release Board
new text end
new text begin
$40,000 each year is to establish an
indeterminate sentence release board to review
eligible cases and make release decisions for
persons serving indeterminate sentences under
the authority of the commissioner of
corrections.
new text end
new text begin
(c) Clemency Review Commission
new text end
new text begin
$986,000 each year is for the Clemency
Review Commission established under
Minnesota Statutes, section 638.09.
new text end
new text begin
(d) Organizational, Regulatory, and
Administrative Services Base Budget
new text end
new text begin
The general fund base for Department of
Corrections organizational, regulatory, and
administrative services is $50,831,000 in fiscal
year 2026 and $50,622,000 in fiscal year 2027.
new text end
Sec. 7. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
1,105,000 new text end |
new text begin
$ new text end |
new text begin
1,099,000 new text end |
||
Sec. 8. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
750,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$750,000 in fiscal year 2024 is for costs
related to assisting offenders convicted of
felony murder with petitions for resentencing.
new text end
Sec. 9. new text begin BOARD OF TRUSTEES OF THE
|
new text begin
$ new text end |
new text begin
500,000 new text end |
new text begin
$ new text end |
new text begin
500,000 new text end |
||
new text begin
$500,000 each year is for transfer to
Metropolitan State University. Of this amount,
$280,000 each year is to provide juvenile
justice services and resources, including the
Juvenile Detention Alternatives Initiative, to
Minnesota counties and federally recognized
Tribes and $220,000 each year is for funding
to local units of government, federally
recognized Tribes, and agencies to support
local Juvenile Detention Alternatives
Initiatives, including but not limited to
Alternatives to Detention. The unencumbered
balance in the first year of the biennium does
not cancel but is available throughout the
biennium.
new text end
Sec. 10. new text begin OFFICE OF HIGHER EDUCATION
|
new text begin
$ new text end |
new text begin
2,500,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$2,500,000 in fiscal year 2024 is to provide
reimbursement grants to postsecondary
schools certified to provide programs of
professional peace officer education for
providing in-service training programs on the
use of force, including deadly force, by peace
officers. Of this amount, up to 2.5 percent is
for administration and monitoring of the
program.
new text end
Sec. 11. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
91,000 new text end |
new text begin
$ new text end |
new text begin
182,000 new text end |
||
new text begin
$91,000 in fiscal year 2024 and $182,000 in
fiscal year 2025 are for hearing costs related
to extreme risk protection orders.
new text end
Sec. 12. new text begin DEPARTMENT OF NATURAL
|
new text begin
$ new text end |
new text begin
73,000 new text end |
new text begin
$ new text end |
new text begin
9,000 new text end |
||
new text begin
$73,000 in fiscal year 2024 and $9,000 in
fiscal year 2025 are to provide naloxone and
training in the use of naloxone to conservation
officers.
new text end
Sec. 13.
Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3,
is amended to read:
Subd. 3.Peace Officer Training Assistance
|
||||||
Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund."new text begin These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8452 (use of
force), 626.8469 (training in crisis response,
conflict management, and cultural diversity),
and 626.8474 (autism training).
new text end
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualificationsdeleted text begin , including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provideddeleted text end ; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.
Sec. 14. new text begin VIOLENT CRIME REDUCTION AND CLEARANCE SUPPORT
ACCOUNT.
new text end
new text begin
$75,000,000 in fiscal year 2024 is transferred from the general fund to the violent crime
reduction and clearance support account in the special revenue fund.
new text end
Sec. 15. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION ACCOUNT.
new text end
new text begin
$100,000,000 in fiscal year 2024 is transferred from the general fund to the community
crime and violence prevention account in the special revenue fund.
new text end
Sec. 16. new text begin INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION AND
TRAINING ACCOUNT.
new text end
new text begin
$5,000,000 each year is transferred from the general fund to the intensive comprehensive
peace officer education and training account in the special revenue fund. This transfer is
onetime.
new text end
Sec. 17. new text begin GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT.
new text end
new text begin
$250,000 in fiscal year 2024 is transferred from the general fund to the account for
rewards for information on missing and murdered Indigenous women, girls, boys, and
Two-Spirit relatives in the special revenue fund.
new text end
Sec. 18. new text begin COMMUNITY SUPERVISION TARGETED INNOVATION ACCOUNT;
TRANSFER.
new text end
new text begin
$5,000,000 in fiscal year 2024 and each year thereafter is transferred from the general
fund to the community supervision targeted innovation account in the special revenue fund.
new text end
Sec. 19. new text begin ACCOUNT ESTABLISHED; TRANSFER; APPROPRIATION.
new text end
new text begin
(a) A community supervision account is established as a special revenue account in the
state treasury.
new text end
new text begin
(b) $142,975,000 in fiscal year 2024 and $142,971,000 in fiscal year 2025 and each year
thereafter are transferred from the general fund to the community supervision account in
the special revenue fund and appropriated to the commissioner of corrections for offender
community supervision. This appropriation is added to the base.
new text end
Sec. 20. new text begin COMMUNITY SUPERVISION TARGETED INNOVATION GRANTS;
SPECIAL REVENUE ACCOUNT; APPROPRIATION.
new text end
new text begin
(a) The community supervision targeted innovation account is created in the special
revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise
provided to the account. Of the amount in the account, up to $5,000,000 each year is
appropriated to the commissioner of corrections for grants to be awarded to local and Tribal
community supervision agencies and nonprofits that provide services to persons on
community supervision.
new text end
new text begin
(b) The commissioner shall award grants to applicants that operate, or intend to operate,
innovative programs that target specific aspects of community supervision such as:
new text end
new text begin
(1) access to community options, including but not limited to inpatient substance use
disorder treatment for nonviolent controlled substance offenders to address and correct
behavior that is, or is likely to result in, a technical violation of the conditions of release;
new text end
new text begin
(2) reentry services;
new text end
new text begin
(3) restorative justice;
new text end
new text begin
(4) juvenile diversion;
new text end
new text begin
(5) family-centered approaches to supervision; and
new text end
new text begin
(6) funding the cost of mandated services and equipment as a means to improve
compliance rates for persons on community supervision.
new text end
new text begin
(c) Grant recipients must provide an annual report to the commissioner that includes:
new text end
new text begin
(1) the services provided by the grant recipient;
new text end
new text begin
(2) the number of individuals served in the previous year;
new text end
new text begin
(3) measurable outcomes of the recipient's program; and
new text end
new text begin
(4) any other information required by the commissioner.
new text end
new text begin
(d) By January 15, 2025, the commissioner shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over criminal justice policy and
finance on how the appropriations in this section were used. The report must detail the
impact the appropriations had on improving community supervision practices and outcomes.
new text end
new text begin
(e) The commissioner may use up to 2.5 percent of the annual appropriation to administer
the grants.
new text end
Sec. 21. new text begin VIOLENT CRIME REDUCTION AND CLEARANCE SUPPORT; SPECIAL
REVENUE ACCOUNT; APPROPRIATION.
new text end
new text begin
(a) The violent crime reduction and clearance support account is created in the special
revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise
provided to the account. Of the amount in the account, $15,000,000 each year is appropriated
to the Bureau of Criminal Apprehension to support violent crime reduction strategies. This
includes funding for staff and supplies to enhance forensic, analytical, and investigations
capacity, and financially support investigative partnerships with other law enforcement
agencies to conduct forensic and investigatory work to expedite clearance rates.
new text end
new text begin
(b) Funds allocated shall be used where there is the most acute need for supplemental
resources based on the rate of violent crime and the need to improve clearance rates for
violent crime investigations. The superintendent of the Bureau of Criminal Apprehension
shall prioritize allocating resources to political subdivisions that have recorded at least three
violent crimes in the previous fiscal year and that rank in the 20 highest per capita crime
rates among Minnesota political subdivisions in the previous fiscal year based on the Uniform
Crime Reports or National Incident Based Reporting System. As a condition of receiving
investigatory assistance from the Bureau of Criminal Apprehension from this account, the
local unit of government must enter a joint powers agreement with the commissioner of
Public Safety and the superintendent of the Bureau of Criminal Apprehension.
new text end
new text begin
(c) By December 15 of each calendar year, the commissioner shall report to the chairs
and ranking minority members of the legislative committees and divisions with jurisdiction
over public safety finance and policy on how funds in the violent crime reduction and
clearance support account were used. Each report must, at a minimum, summarize the
expenditures made, indicate the purpose of those expenditures, and provide an overview of
the criminal cases where funds from the account were used, including a summary of the
cases that identifies each case's disposition or outcome.
new text end
Sec. 22. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION GRANTS;
SPECIAL REVENUE ACCOUNT; APPROPRIATION.
new text end
new text begin
(a) The community crime and violence prevention account is created in the special
revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise
provided to the account. Of the amount in the account, up to $30,000,000 each year is
appropriated to the commissioner of public safety for grants administered by the Office of
Justice Programs to be awarded to community violence prevention and intervention programs.
new text end
new text begin
(b) Grants may be awarded to community-based nonprofit organizations, local
governments, or the governing bodies of federally recognized Indian Tribes. Applicants
that are nonprofit organizations must demonstrate the support of the local government or
Indian Tribe where the nonprofit will be offering services. Support may be demonstrated
by partnerships with the local government or Indian Tribe, or letters or other affirmations
of support.
new text end
new text begin
(c) Grant recipients must operate crime or violence prevention programs with an
established record of providing direct services to community members. Programs must be
culturally competent and identify specific outcomes that can be tracked and measured to
demonstrate the impact the program has on community crime and violence. Crime or violence
prevention programs may include but are not limited to:
new text end
new text begin
(1) programs that provide services to victims of crime or violence;
new text end
new text begin
(2) programs that provide services to individuals and families harmed by gun violence;
new text end
new text begin
(3) programs that provide support services for victims of crimes where there is a
reasonable belief that the crimes were committed in whole or in substantial part because of
the victim's or another's actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin, or disability as
defined in Minnesota Statutes, section 363A.03, or because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in Minnesota Statutes, section 363A.03;
new text end
new text begin
(4) homelessness assistance programs;
new text end
new text begin
(5) programs that intervene in volatile situations to mediate disputes before they become
violent;
new text end
new text begin
(6) juvenile diversion programs; and
new text end
new text begin
(7) programs that support a community response to violence that addresses trauma in
the community and promotes community leadership development and coalition building.
new text end
new text begin
(d) As part of the narrative and statistical progress reports provided to the Office of
Justice Programs, grant recipients must report on the specific outcomes identified pursuant
to paragraph (c).
new text end
new text begin
(e) The Office of Justice Programs may use up to 2.5 percent of the annual appropriation
to administer the grants.
new text end
Sec. 23. new text begin PRETRIAL RELEASE STUDY AND REPORT.
new text end
new text begin
(a) Pursuant to the terms of a grant, the Minnesota Justice Research Center shall study
and report on pretrial release practices in Minnesota and other jurisdictions.
new text end
new text begin
(b) The Minnesota Justice Research Center shall examine pretrial release practices in
Minnesota and community perspectives about those practices; conduct a robust study of
pretrial release practices in other jurisdictions to identify effective approaches to pretrial
release that use identified best practices; provide analysis and recommendations describing
if, and how, practices in other jurisdictions could be adopted and implemented in Minnesota,
including but not limited to analysis addressing how changes would impact public safety,
appearance rates, treatment of defendants with different financial means, disparities in
pretrial detention, and community perspectives about pretrial release; and make
recommendations for policy changes for consideration by the legislature.
new text end
new text begin
(c) By February 15, 2024, the Minnesota Justice Research Center must provide a
preliminary report to the legislative committees and divisions with jurisdiction over public
safety finance and policy including a summary of the preliminary findings, any legislative
proposals to improve the ability of the Minnesota Justice Research Center to complete its
work, and any proposals for legislation related to pretrial release. The Minnesota Justice
Research Center shall submit a final report to the legislative committees and divisions with
jurisdiction over public safety finance and policy by February 15, 2025. The final report
shall include a description of the Minnesota Justice Research Center's work, findings, and
any legislative proposals.
new text end
Sec. 24. new text begin MENTAL HEALTH SERVICES FOR FIRST RESPONDERS GRANT
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of public safety through the Office
of Justice Programs shall establish and administer a grant program to fund mental health
services to first responders employed by local units of government.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin
Each local unit of government that employs peace officers or
firefighters may apply for a grant.
new text end
new text begin Subd. 3. new text end
new text begin Qualifying programs. new text end
new text begin
To qualify for a grant, an applicant must present a viable
plan to the commissioner to offer a program that ensures at least one hour of mental health
services every six months for any peace officers and firefighters employed by the applicant.
new text end
new text begin Subd. 4. new text end
new text begin Selection; grant cap. new text end
new text begin
The commissioner may award grants up to $150,000.
Grant amounts must be based on the total number of peace officers and firefighters employed
by the applicant.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
(a) Each grant recipient must submit a report to the commissioner by
June 30 of each year that identifies the services provided, total number of employees served,
total number of hours of services provided, and expenditures of grant money. The report
must also include an evaluation of the program's impact.
new text end
new text begin
(b) By September 1 of each year, the commissioner shall report aggregate data received
from grant recipients under paragraph (a) to the chairs and ranking minority members of
the senate and house of representatives committees with jurisdiction over public safety
policy and finance.
new text end
new text begin Subd. 6. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section, the following terms have the
meanings given:
new text end
new text begin
(1) "firefighter" means a firefighter employed full-time by a fire department and licensed
by the Board of Firefighter Training and Education;
new text end
new text begin
(2) "local unit of government" means a statutory or home rule charter city that employs
its own law enforcement agency, or a county; and
new text end
new text begin
(3) "peace officer" means a full-time peace officer employed by a local unit of
government's law enforcement agency and licensed by the Minnesota Board of Peace Officer
Standards and Training.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, and applies to services
administered on or after that date.
new text end
Sec. 25. new text begin LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS TRAINING
GRANT.
new text end
new text begin
(a) The commissioner of public safety must award a grant to the Adler Graduate School
to develop and implement a law enforcement mental health and wellness training program
to train licensed counselors to understand the nuances, culture, and stressors of the law
enforcement profession so that the trainees can provide effective and successful treatment
to peace officers in distress. The grantee must request and incorporate the advice and counsel
of law enforcement officers and mental health professionals who are familiar with the
psychological, cultural, and professional issues of law enforcement to develop and implement
the program.
new text end
new text begin
(b) The grantee may offer the program online.
new text end
new text begin
(c) The grantee must seek to recruit licensed counselors providing services outside of
the 11-county metropolitan area as defined in Minnesota Statutes, section 115A.1314,
subdivision 2, paragraph (b).
new text end
new text begin
(d) The grantee must create a resource directory to provide law enforcement agencies
with the names of counselors who have completed the program and other resources to
support law enforcement professionals with overall wellness. The grantee must collaborate
with the commissioner of public safety and law enforcement organizations to promote the
directory.
new text end
Sec. 26. new text begin USE OF FORCE TRAINING; REIMBURSEMENT.
new text end
new text begin
(a) The commissioner of the Office of Higher Education shall issue reimbursement
grants to postsecondary schools certified to provide programs of professional peace officer
education for providing in-service training programs on the use of force, including deadly
force, by peace officers.
new text end
new text begin
(b) To be eligible for reimbursement, training offered by a postsecondary school must:
new text end
new text begin
(1) satisfy the requirements of Minnesota Statutes, section 626.8452, and be approved
by the Board of Peace Officer Standards and Training;
new text end
new text begin
(2) utilize scenario-based training that simulates real-world situations and involves the
use of real firearms that fire nonlethal ammunition;
new text end
new text begin
(3) include a block of instruction on the physical and psychological effects of stress
before, during, and after a high-risk or traumatic incident and the cumulative impact of
stress on the health of officers;
new text end
new text begin
(4) include blocks of instruction on de-escalation methods and tactics, bias motivation,
unknown risk training, defensive tactics, and force-on-force training; and
new text end
new text begin
(5) be offered to peace officers at no charge to the peace officer or law enforcement
agency.
new text end
new text begin
(c) A postsecondary school that offers training consistent with the requirements of
paragraph (b) may apply for reimbursement for the costs of offering the training.
Reimbursement shall be made at a rate of $450 for each officer who completes the training.
The postsecondary school must submit the name and peace officer license number of the
peace officer who received the training to the Office of Higher Education.
new text end
new text begin
(d) As used in this section:
new text end
new text begin
(1) "law enforcement agency" has the meaning given in Minnesota Statutes, section
626.84, subdivision 1, paragraph (f); and
new text end
new text begin
(2) "peace officer" has the meaning given in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c).
new text end
Sec. 27. new text begin SUPPORTIVE ARTS GRANT PROGRAM.
new text end
new text begin
(a) The commissioner of corrections shall establish a supportive arts grant program to
award grants to nonprofit organizations to provide supportive arts programs to incarcerated
persons and persons on supervised release. The supportive arts programs must use the arts,
including but not limited to visual art, poetry, literature, theater, dance, and music, to address
the supportive, therapeutic, and rehabilitative needs of incarcerated persons and persons on
supervised release and promote a safer correctional facility environment and community
environment. The commissioner may not require the participation of incarcerated persons
and persons on supervised release in a supportive arts program provided in a correctional
facility or community under a grant.
new text end
new text begin
(b) Applicants for grants under this section must submit an application in the form and
manner established by the commissioner. The applicants must specify the arts program to
be offered and describe how the program is supportive, therapeutic, and rehabilitative for
incarcerated persons and persons on supervised release and the use of the grant funds.
new text end
new text begin
(c) Organizations are not required to apply for or receive grant funds under this section
in order to be eligible to provide supportive arts programming inside the facilities.
new text end
new text begin
(d) By March 1 of each year, the commissioner shall report to the chairs and ranking
members of the legislative committees and divisions having jurisdiction over criminal justice
finance and policy on the implementation, use, and administration of the grant program
established under this section. At a minimum, the report must provide:
new text end
new text begin
(1) the names of the organizations receiving grants;
new text end
new text begin
(2) the total number of individuals served by all grant recipients, disaggregated by race,
ethnicity, and gender;
new text end
new text begin
(3) the names of the correctional facilities and communities where incarcerated persons
and persons on supervised release are participating in supportive arts programs offered
under this section;
new text end
new text begin
(4) the total amount of money awarded in grants and the total amount remaining to be
awarded, if any;
new text end
new text begin
(5) the amount of money granted to each recipient;
new text end
new text begin
(6) a description of the program, mission, goals, and objectives by the organization using
the money; and
new text end
new text begin
(7) a description of and measures of success, either qualitative or quantitative.
new text end
Sec. 28. new text begin APPROPRIATIONS GIVEN EFFECT ONCE.
new text end
new text begin
If an appropriation or transfer in this article is enacted more than once during the 2023
regular session, the appropriation or transfer must be given effect once.
new text end
ARTICLE 3
JUDICIARY POLICY WITH FISCAL COST
Section 1.
new text begin
[260C.419] STATEWIDE OFFICE OF APPELLATE COUNSEL AND
TRAINING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Board" means the State Board of Appellate Counsel and Training.
new text end
new text begin
(c) "Juvenile protection matter" means any of the following:
new text end
new text begin
(1) child in need of protection or services matters as defined in section 260C.007,
subdivision 6, including habitual truant and runaway matters;
new text end
new text begin
(2) neglected and in foster care matters as defined in section 260C.007, subdivision 24;
new text end
new text begin
(3) review of voluntary foster care matters as defined in section 260C.141, subdivision
2;
new text end
new text begin
(4) review of out-of-home placement matters as defined in section 260C.212;
new text end
new text begin
(5) termination of parental rights matters as defined in sections 260C.301 to 260C.328;
and
new text end
new text begin
(6) permanent placement matters as defined in sections 260C.503 to 260C.521, including
matters involving termination of parental rights, guardianship to the commissioner of human
services, transfer of permanent legal and physical custody to a relative, permanent custody
to the agency, temporary legal custody to the agency, and matters involving voluntary
placement pursuant to section 260D.07.
new text end
new text begin
(d) "Office" means the Statewide Office of Appellate Counsel and Training.
new text end
new text begin Subd. 2. new text end
new text begin Statewide Office of Appellate Counsel and Training; establishment. new text end
new text begin
(a)
The Statewide Office of Appellate Counsel and Training is established as an independent
state office. The office shall be responsible for:
new text end
new text begin
(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
new text end
new text begin
(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
new text end
new text begin
(3) collaborating with the Minnesota Department of Human Services to coordinate and
secure federal Title IV-E support for counties and Tribes interested in accessing federal
funding.
new text end
new text begin
(b) The office shall be governed by a board as provided in subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin State Board of Appellate Counsel and Training; structure; membership. new text end
new text begin
(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
new text end
new text begin
(1) four public members appointed by the governor; and
new text end
new text begin
(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
new text end
new text begin
(b) The appointing authorities may not appoint any of the following to be a member of
the board:
new text end
new text begin
(1) a person who is a judge;
new text end
new text begin
(2) a person who is a registered lobbyist;
new text end
new text begin
(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
new text end
new text begin
(4) a person who serves as counsel for children in juvenile court;
new text end
new text begin
(5) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
new text end
new text begin
(6) a current city or county attorney or assistant city or county attorney.
new text end
new text begin
(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Human Services, to
secure and utilize Title IV-E funding. At least one member of the board appointed by the
governor must be a representative from a federally recognized Indian Tribe. No more than
five members of the board may belong to the same political party. At least three members
of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth
Judicial Districts. To the extent practicable, the membership of the board must include
persons with disabilities, reflect the ethnic diversity of the state, take into consideration race
and gender, and include persons from throughout the state. The members shall be well
acquainted with representing parents in district court and appellate proceedings related to
child protection matters as well as the law that affect a parent attorney's work, including
chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate
Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation
Act. The terms, compensation, and removal of members shall be as provided in section
15.0575. The members shall elect a chair from among the membership and the chair shall
serve a term of two years.
new text end
new text begin Subd. 4. new text end
new text begin
Head appellate counsel for parents; assistant and contracted attorneys;
other employees.
new text end
new text begin
(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The compensation of the head appellate counsel shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end
new text begin
(b) Consistent with the decisions of the board, the head appellate counsel shall employ
assistants or hire independent contractors to serve as appellate counsel for parents. Each
assistant appellate counsel and independent contractor serves at the pleasure of the head
appellate counsel. The compensation of assistant appellate counsel and independent
contractors shall be set by the board and shall be commensurate with county attorneys in
the state.
new text end
new text begin
(c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
new text end
new text begin
(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
new text end
new text begin
(1) one managing appellate attorney;
new text end
new text begin
(2) two staff attorneys;
new text end
new text begin
(3) one director of training;
new text end
new text begin
(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Human Services; and
new text end
new text begin
(5) one office administrator.
new text end
new text begin
(e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate
counsel. The compensation of each employee shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end
new text begin
(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
new text end
new text begin
(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
new text end
new text begin Subd. 5. new text end
new text begin Duties and responsibilities. new text end
new text begin
(a) The board shall work cooperatively with the
head appellate counsel to govern the office and provide fiscal oversight.
new text end
new text begin
(b) The board shall approve and recommend to the legislature a budget for the board,
the office, and any programs operated by that office.
new text end
new text begin
(c) The board shall establish procedures for distribution of funding under this section to
the office and any programs operated by that office.
new text end
new text begin
(d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include but
are not limited to:
new text end
new text begin
(1) standards needed to maintain and operate an appellate counsel for parents program,
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
new text end
new text begin
(2) standards for appellate counsel caseloads;
new text end
new text begin
(3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
new text end
new text begin
(4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
new text end
new text begin
(5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
new text end
new text begin
(6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
new text end
new text begin
(e) The head appellate counsel, with approval of the board, shall establish training
program standards and processes and procedures necessary to carry out the office's
responsibilities for statewide training of parent attorneys, including but not limited to
establishing uniform practice standards and training requirements for all parent attorneys
practicing in the state.
new text end
new text begin
(f) The head appellate counsel and the program administrator with approval of the board
shall establish processes and procedures for collaborating with the Department of Human
Services to secure and utilize Title IV-E funds and communicating with counties and Tribes
and any other processes and procedures necessary to carry out the office's responsibilities.
new text end
new text begin
(g) The board may:
new text end
new text begin
(1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
new text end
new text begin
(2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
new text end
new text begin Subd. 6. new text end
new text begin Limitation. new text end
new text begin
In no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
new text end
new text begin Subd. 7. new text end
new text begin Budget; county and Tribe use. new text end
new text begin
The establishment of the office and its
employees and support staff and the board shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide appellate representation
to indigent parents in their jurisdiction who are seeking an appeal and for assistance in
securing Title IV-E funding through collaboration with the Department of Human Services.
new text end
new text begin Subd. 8. new text end
new text begin Collection of costs; appropriation. new text end
new text begin
If any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, the State Board
of Appellate Counsel and Training shall deposit payments in a separate account established
in the special revenue fund. The amount credited to this account is appropriated to the State
Board of Appellate Counsel and Training. The balance of this account does not cancel but
is available until expended.
new text end
Sec. 2.
Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of $285, except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $285, except in
marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14deleted text begin , and $8
for an uncertified copydeleted text end .
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents.new text begin No fee may be charged for an uncertified copy of an instrument
from a civil or criminal proceeding.
new text end
Sec. 3.
Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1.
Formulation of policies.
(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments
and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each
year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop accurate data on the nature and extent
of discrimination and other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; deleted text begin and
deleted text end
(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7deleted text begin .deleted text end new text begin ; and
new text end
new text begin
(20) solicit, receive, and compile information from community organizations, school
districts and charter schools, and individuals regarding incidents committed in whole or in
substantial part because of the victim's or another's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, or because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03, and compile data in the
aggregate on the nature and extent of the incidents and include summary data as defined by
section 13.02, subdivision 19, on this information in the report required under clause (12),
disaggregated by the type of incident and the actual or perceived characteristic for which
the person was targeted. The commissioner shall provide information on the department's
website about when and how a victim can report criminal conduct to a law enforcement
agency. Data collected and maintained under this clause are private data on individuals as
defined in section 13.02, subdivision 12.
new text end
In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.
Sec. 4.
Minnesota Statutes 2022, section 484.85, is amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS;
RAMSEY COUNTY DISTRICT COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:
deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer
of the deleted text begin city of St. Pauldeleted text end new text begin municipality or subdivision of government within Ramsey Countynew text end
and one-third credited to the state general funddeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end
All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
Sec. 5. new text begin APPELLATE COUNSEL FOR PARENTS; SUPPORT FOR
ESTABLISHMENT.
new text end
new text begin
The Management Analysis and Development Division of Management and Budget shall
provide technical support for the establishment of the Statewide Office of Appellate Counsel
and Training and the State Board of Appellate Counsel and Training established under
Minnesota Statutes, section 260C.419.
new text end
ARTICLE 4
GRANTS MANAGEMENT
Section 1. new text begin FINANCIAL REVIEW OF NONPROFIT GRANT RECIPIENTS
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Financial review required. new text end
new text begin
(a) Before awarding a competitive,
legislatively named, single source, or sole source grant to a nonprofit organization under
this act, the grantor must require the applicant to submit financial information sufficient for
the grantor to document and assess the applicant's current financial standing and management.
Items of significant concern must be addressed with the applicant and resolved to the
satisfaction of the grantor before a grant is awarded. The grantor must document the material
requested and reviewed; whether the applicant had a significant operating deficit, a deficit
in unrestricted net assets, or insufficient internal controls; whether and how the applicant
resolved the grantor's concerns; and the grantor's final decision. This documentation must
be maintained in the grantor's files.
new text end
new text begin
(b) At a minimum, the grantor must require each applicant to provide the following
information:
new text end
new text begin
(1) the applicant's most recent Form 990, Form 990-EZ, or Form 990-N filed with the
Internal Revenue Service. If the applicant has not been in existence long enough or is not
required to file Form 990, Form 990-EZ, or Form 990-N, the applicant must demonstrate
to the grantor that the applicant is exempt and must instead submit documentation of internal
controls and the applicant's most recent financial statement prepared in accordance with
generally accepted accounting principles and approved by the applicant's board of directors
or trustees, or if there is no such board, by the applicant's managing group;
new text end
new text begin
(2) evidence of registration and good standing with the secretary of state under Minnesota
Statutes, chapter 317A, or other applicable law;
new text end
new text begin
(3) unless exempt under Minnesota Statutes, section 309.515, evidence of registration
and good standing with the attorney general under Minnesota Statutes, chapter 309; and
new text end
new text begin
(4) if required under Minnesota Statutes, section 309.53, subdivision 3, the applicant's
most recent audited financial statement prepared in accordance with generally accepted
accounting principles.
new text end
new text begin Subd. 2. new text end
new text begin Authority to postpone or forgo; reporting required. new text end
new text begin
(a) Notwithstanding
any contrary provision in this act, a grantor that identifies an area of significant concern
regarding the financial standing or management of a legislatively named applicant may
postpone or forgo awarding the grant.
new text end
new text begin
(b) No later than 30 days after a grantor exercises the authority provided under paragraph
(a), the grantor must report to the chairs and ranking minority members of the legislative
committees with jurisdiction over the grantor's operating budget. The report must identify
the legislatively named applicant and the grantor's reason for postponing or forgoing the
grant.
new text end
new text begin Subd. 3. new text end
new text begin Authority to award subject to additional assistance and oversight. new text end
new text begin
A grantor
that identifies an area of significant concern regarding an applicant's financial standing or
management may award a grant to the applicant if the grantor provides or the grantee
otherwise obtains additional technical assistance, as needed, and the grantor imposes
additional requirements in the grant agreement. Additional requirements may include but
are not limited to enhanced monitoring, additional reporting, or other reasonable requirements
imposed by the grantor to protect the interests of the state.
new text end
new text begin Subd. 4. new text end
new text begin Relation to other law and policy. new text end
new text begin
The requirements in this section are in
addition to any other requirements imposed by law, the commissioner of administration
under Minnesota Statutes, sections 16B.97 to 16B.98, or agency policy.
new text end
ARTICLE 5
GENERAL CRIMES
Section 1.
Minnesota Statutes 2022, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph deleted text begin (f)deleted text end new text begin (h)new text end ;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 299A.78, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to 299A.795, the following
definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental organizations
that provide legal, social, or other community services.
deleted text begin
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
deleted text end
deleted text begin (d)deleted text end new text begin (c)new text end "Debt bondage" has the meaning given in section 609.281, subdivision 3.
deleted text begin (e)deleted text end new text begin (d)new text end "Forced new text begin or coerced new text end labor or services" has the meaning given in section 609.281,
subdivision 4.
deleted text begin (f)deleted text end new text begin (e)new text end "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
deleted text begin (g)deleted text end new text begin (f)new text end "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
deleted text begin (h)deleted text end new text begin (g)new text end "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
deleted text begin (i)deleted text end new text begin (h)new text end "Sex trafficking victim" has the meaning given in section 609.321, subdivision
7b.
deleted text begin (j)deleted text end new text begin (i)new text end "Trafficking" includes "labor trafficking" and "sex trafficking."
deleted text begin (k)deleted text end new text begin (j)new text end "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 299A.79, subdivision 3, is amended to read:
Subd. 3.
Public awareness initiative.
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
(1) the risks of becoming a trafficking victim;
(2) common recruitment techniques; use of debt bondage, deleted text begin blackmail,deleted text end forced new text begin or coerced
new text end labor deleted text begin anddeleted text end new text begin ornew text end services, prostitution, and other coercive tactics; and risks of assault, criminal
sexual conduct, exposure to sexually transmitted diseases, and psychological harm;
(3) crime victims' rights; and
(4) reporting recruitment activities involved in trafficking.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.02, subdivision 16, is amended to read:
Subd. 16.
Qualified domestic violence-related offense.
"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder);new text begin 609.195, paragraph (a) (third-degree murder);
609.20, clauses (1), (2), and (5) (first-degree manslaughter); 609.205, clauses (1) and (5)
(second-degree manslaughter);new text end 609.221 (first-degree assault); 609.222 (second-degree
assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224
(fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation);new text begin 609.25 (kidnapping); 609.255 (false
imprisonment);new text end 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377 (malicious
punishment of a child);new text begin 609.582, subdivision 1, clause (c) (burglary in the first degree);new text end
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an
emergency call); 617.261 (nonconsensual dissemination of private sexual images); and
629.75 (violation of domestic abuse no contact order); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 609.05, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Exception. new text end
new text begin
(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), committed by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text end
new text begin
(b) A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), committed by another unless the person was a major participant
in the underlying felony and acted with extreme indifference to human life.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:
Subd. 4.
Assaults motivated by bias.
(a) Whoever assaults anothernew text begin in whole or in
substantial partnew text end because of the victim's or another's actual or perceived race, color, new text begin ethnicity,
new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national
origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end may be
sentenced to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.2233, is amended to read:
609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED
STATUTORY MAXIMUM SENTENCE.
A person who violates section 609.221, 609.222, or 609.223 new text begin in whole or in substantial
partnew text end because of the victim's or another person's actual or perceived race, color, new text begin ethnicity,
new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national
origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end is subject
to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise
applicable.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.25, subdivision 2, is amended to read:
Subd. 2.
Sentence.
Whoever violates subdivision 1 may be sentenced as follows:
(1) if the victim is released in a safe place without great bodily harm, to imprisonment
for not more than 20 years or to payment of a fine of not more than $35,000, or both; or
(2) deleted text begin if the victim is not released in a safe place, or if the victim suffers great bodily harm
during the course of the kidnapping, or if the person kidnapped is under the age of 16,deleted text end to
imprisonment for not more than 40 years or to payment of a fine of not more than $50,000,
or bothnew text begin if:
new text end
new text begin
(i) the victim is not released in a safe place;
new text end
new text begin
(ii) the victim suffers great bodily harm during the course of the kidnapping; or
new text end
new text begin (iii) the person kidnapped is under the age of 16new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 9.
Minnesota Statutes 2022, section 609.269, is amended to read:
609.269 EXCEPTION.
Sections 609.2661 to 609.268 do not apply to deleted text begin any act described in section 145.412.deleted text end new text begin a
person providing reproductive health care offered, arranged, or furnished:
new text end
new text begin
(1) for the purpose of terminating a pregnancy; and
new text end
new text begin
(2) with the consent of the pregnant individual or the pregnant individual's representative,
except in a medical emergency in which consent cannot be obtained.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2022, section 609.281, subdivision 3, is amended to read:
Subd. 3.
Debt bondage.
"Debt bondage" deleted text begin means the status or condition of a debtor arising
from a pledge by the debtor of the debtor's personaldeleted text end new text begin occurs when a person provides labor
ornew text end services deleted text begin or thosedeleted text end new text begin of any kind to pay a real or alleged debtnew text end of deleted text begin adeleted text end new text begin thenew text end person deleted text begin under the debtor's
control as a security for debtdeleted text end new text begin or anothernew text end , if the value of deleted text begin thosedeleted text end new text begin the labor ornew text end services as
reasonably assessed is not applied toward the liquidation of the debt or the length and nature
of deleted text begin thosedeleted text end new text begin the labor ornew text end services are not respectively limited and defined.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.281, subdivision 4, is amended to read:
Subd. 4.
Forced new text begin or coerced new text end labor or services.
"Forced new text begin or coerced new text end labor or services"
means labor or services new text begin of any kind new text end that are performed or provided by another person and
are obtained or maintained through an actor's:
(1) threat, either implicit or explicit, scheme, plan, deleted text begin ordeleted text end pattern, or other action new text begin or statement
new text end intended to cause a person to believe that, if the person did not perform or provide the labor
or services, that person or another deleted text begin persondeleted text end would suffer deleted text begin bodily harm ordeleted text end physical restraint;new text begin
sexual contact, as defined in section 609.341, subdivision 11, paragraph (b); or bodily,
psychological, economic, or reputational harm;
new text end
(2) deleted text begin physically restraining or threatening to physically restraindeleted text end new text begin sexual contact, as defined
in section 609.341, subdivision 11, paragraph (b), withnew text end a person;
new text begin
(3) physical restraint of a person;
new text end
new text begin
(4) infliction of bodily, psychological, economic, or reputational harm;
new text end
deleted text begin (3)deleted text end new text begin (5)new text end abuse or threatened abuse of the legal processnew text begin , including the use or threatened
use of a law or legal process, whether administrative, civil, or criminalnew text end ;new text begin or
new text end
deleted text begin (4) knowingly destroying, concealing, removing, confiscating, or possessingdeleted text end new text begin (6)
destruction, concealment, removal, confiscation, withholding, or possession ofnew text end any actual
or purported passport or other immigration document, or any other actual or purported
government identification document, of another persondeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(5) use of blackmail.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2022, section 609.281, subdivision 5, is amended to read:
Subd. 5.
Labor trafficking.
"Labor trafficking" means:
(1) the recruitment, transportation, transfer, harboring, enticement, provision, obtaining,
or receipt of a person by any means, deleted text begin for the purposedeleted text end new text begin in furtherancenew text end of:
(i) debt bondage deleted text begin ordeleted text end new text begin ;
new text end
new text begin (ii)new text end forced new text begin or coerced new text end labor or services;
deleted text begin (ii)deleted text end new text begin (iii)new text end slavery or practices similar to slavery; or
deleted text begin (iii)deleted text end new text begin (iv)new text end the removal of organs through the use of coercion or intimidation; or
(2) receiving profit or anything of value, knowing or having reason to know it is derived
from an act described in clause (1).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2022, section 609.282, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Individuals under age 18deleted text end new text begin Labor trafficking resulting in deathnew text end .
Whoever
knowingly engages in the labor trafficking of an individual deleted text begin who is under the age of 18deleted text end is
guilty of a crime and may be sentenced to imprisonment for not more than deleted text begin 20deleted text end new text begin 25new text end years or
to payment of a fine of not more than $40,000, or bothnew text begin if the labor trafficking victim dies
and the death arose out of and in the course of the labor trafficking or the labor and services
related to the labor traffickingnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2022, section 609.282, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin
Individuals under age 18; extended period of time; great bodily
harm.
new text end
new text begin
Whoever knowingly engages in the labor trafficking of an individual is guilty of a
crime and may be sentenced to imprisonment for not more than 20 years or to a payment
of a fine of not more than $40,000, or both if any of the following circumstances exist:
new text end
new text begin
(1) the labor trafficking victim is under the age of 18;
new text end
new text begin
(2) the labor trafficking occurs over an extended period of time; or
new text end
new text begin
(3) the labor trafficking victim suffers great bodily harm and the great bodily harm arose
out of and in the course of the labor trafficking or the labor and services related to the labor
trafficking.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Debt bondage. new text end
new text begin
"Debt bondage" has the meaning given in section 609.281,
subdivision 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 16.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 16. new text end
new text begin Forced or coerced labor or services. new text end
new text begin
"Forced or coerced labor or services"
has the meaning given in section 609.281, subdivision 4.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 17.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Labor trafficking. new text end
new text begin
"Labor trafficking" has the meaning given in section
609.281, subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 18.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 18. new text end
new text begin Labor trafficking victim. new text end
new text begin
"Labor trafficking victim" has the meaning given
in section 609.281, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 19.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 19. new text end
new text begin Trafficking. new text end
new text begin
"Trafficking" includes labor trafficking and sex trafficking.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 20.
Minnesota Statutes 2022, section 609.321, is amended by adding a subdivision
to read:
new text begin Subd. 20. new text end
new text begin Trafficking victim. new text end
new text begin
"Trafficking victim" includes a labor trafficking victim
and a sex trafficking victim.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 21.
Minnesota Statutes 2022, section 609.322, subdivision 1, is amended to read:
Subdivision 1.
Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.
(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $60,000, or both, if one
or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced new text begin or
coerced new text end labor or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Subd. 3.
Sentence.
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.522;new text end 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
the United States, or a foreign jurisdiction, in conformity with any of those sections, and
the person received a felony or gross misdemeanor sentence for the offense, or a sentence
that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 23.
new text begin
[609.522] ORGANIZED RETAIL THEFT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the terms in this subdivision have
the meanings given.
new text end
new text begin
(b) "Article surveillance system" means any electronic device or other security device
that is designed to detect or prevent the unauthorized removal of retail merchandise from
a retailer.
new text end
new text begin
(c) "Retailer" means a person or entity that sells retail merchandise.
new text end
new text begin
(d) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.
new text end
new text begin
(e) "Value" means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft.
new text end
new text begin Subd. 2. new text end
new text begin Organized retail theft. new text end
new text begin
(a) Whoever steals or fraudulently obtains retail
merchandise from a retailer commits organized retail theft and may be sentenced as provided
in subdivision 3 if the actor:
new text end
new text begin
(1) resells or intends to resell the retail merchandise;
new text end
new text begin
(2) advertises or displays any item of the retail merchandise for sale;
new text end
new text begin
(3) returns any item of the retail merchandise to a retailer for anything of value; or
new text end
new text begin
(4) steals retail merchandise within five years of a conviction under this section.
new text end
new text begin
(b) Whoever receives, purchases, or possesses retail merchandise knowing or having
reason to know the retail merchandise was stolen from a retailer and with the intent to resell
that merchandise may be sentenced as provided in subdivision 3.
new text end
new text begin
(c) Whoever possesses any device, gear, or instrument designed to assist in shoplifting
or defeating an electronic article surveillance system with intent to use the same to shoplift
and thereby commit theft may be sentenced pursuant to subdivision 3, clause (3).
new text end
new text begin Subd. 3. new text end
new text begin Sentence. new text end
new text begin
Whoever commits organized retail theft may be sentenced as follows:
new text end
new text begin
(1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$35,000, or both, if the value of the property stolen exceeds $5,000;
new text end
new text begin
(2) to imprisonment for not more than seven years or to payment of a fine of not more
than $14,000, or both, if either of the following circumstances exist:
new text end
new text begin
(i) the value of the property stolen is more than $1,000 but not more than $5,000; or
new text end
new text begin
(ii) the person commits the offense within ten years of the first of two or more convictions
under this section;
new text end
new text begin
(3) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if either of the following circumstances exist:
new text end
new text begin
(i) the value of the property stolen is more than $500 but not more than $1,000; or
new text end
new text begin
(ii) the person commits the offense within ten years of a previous conviction under this
section; or
new text end
new text begin
(4) to imprisonment of not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property stolen is $500 or less.
new text end
new text begin Subd. 4. new text end
new text begin Aggregation. new text end
new text begin
The value of the retail merchandise received by the defendant
in violation of this section within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this subdivision, provided that when two
or more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text end
new text begin Subd. 5. new text end
new text begin Enhanced penalty. new text end
new text begin
If a violation of this section creates a reasonably foreseeable
risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as
follows:
new text end
new text begin
(1) if the penalty is a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine of not more
than $5,000, or both; and
new text end
new text begin
(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read:
Subd. 3.
Burglary in the third degree.
new text begin (a) Except as otherwise provided in this section,
new text end whoever enters a building without consent and with intent to steal or commit any felony or
gross misdemeanor while in the building, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.
new text begin
(b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the third degree and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
new text end
new text begin
(1) the person enters the building within one year after being told to leave the building
and not return; and
new text end
new text begin
(2) the person has been convicted within the preceding five years for an offense under
this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625,
609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received a felony
sentence for the offense or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 25.
Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:
Subd. 4.
Burglary in the fourth degree.
new text begin (a) new text end Whoever enters a building without consent
and with intent to commit a misdemeanor other than to steal, or enters a building without
consent and commits a misdemeanor other than to steal while in the building, either directly
or as an accomplice, commits burglary in the fourth degree and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
new text begin
(b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the fourth degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the person enters the building within
one year after being told to leave the building and not return.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 26.
Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:
Subd. 1a.
Criminal damage to property in the second degree.
(a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), deleted text begin because of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origindeleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than one year and a day or to payment of a fine of not more
than $3,000, or bothdeleted text begin .deleted text end new text begin , if the damage:
new text end
new text begin
(1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03;
new text end
new text begin
(2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03; or
new text end
new text begin
(3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
new text end
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the offenses was committed for all of the offenses aggregated
under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 27.
Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:
Subd. 2.
Criminal damage to property in the third degree.
(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
reduces the value of the property by more than $500 but not more than $1,000 as measured
by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent deleted text begin because of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
or national origindeleted text end may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
property by not more than $500deleted text begin .deleted text end new text begin and:
new text end
new text begin
(1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03;
new text end
new text begin
(2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03; or
new text end
new text begin
(3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
new text end
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 28.
Minnesota Statutes 2022, section 609.67, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) "Machine gun" means any firearm designed to discharge,
or capable of discharging automatically more than once by a single function of the trigger.
(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended
to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single projectile for each
single pull of the trigger.
(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18
inches in length and any weapon made from a shotgun if such weapon as modified has an
overall length less than 26 inches.
(d) "Trigger activator" meansnew text begin :
new text end
new text begin (1)new text end a removable manual or power driven trigger activating device constructed and
designed so that, when attached to a firearm, the rate at which the trigger may be pulled
increases and the rate of fire of the firearm increases to that of a machine gunnew text begin ; or
new text end
new text begin (2) a device that allows a semiautomatic firearm to shoot more than one shot with a
single pull of the trigger or by harnessing the recoil of energy of the semiautomatic firearm
to which it is affixed so that the trigger resets and continues firing without additional physical
manipulation of the triggernew text end .
(e) "Machine gun conversion kit" means any part or combination of parts designed and
intended for use in converting a weapon into a machine gun, and any combination of parts
from which a machine gun can be assembled, but does not include a spare or replacement
part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to offenses
that occur on or after that date.
new text end
Sec. 29.
Minnesota Statutes 2022, section 609.67, subdivision 2, is amended to read:
Subd. 2.
Acts prohibited.
new text begin (a) new text end Except as otherwise provided herein, whoever owns,
possesses, or operates a machine gun, new text begin or new text end any trigger activator or machine gun conversion
kitdeleted text begin , or a short-barreled shotgundeleted text end may be sentenced to imprisonment for not more than deleted text begin fivedeleted text end new text begin
20new text end years or to payment of a fine of not more than deleted text begin $10,000deleted text end new text begin $35,000new text end , or both.
new text begin
(b) Except as otherwise provided herein, whoever owns, possesses, or operates a
short-barreled shotgun may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to offenses
that occur on or after that date.
new text end
Sec. 30.
Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read:
Subdivision 1.
Surreptitious intrusion; observation device.
(a) A person is guilty of
a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
new text begin
(e) A person is guilty of a gross misdemeanor who:
new text end
new text begin
(1) uses any device for photographing, recording, or broadcasting an image of an
individual in a house or place of dwelling; a sleeping room of a hotel as defined in section
327.70, subdivision 3; a tanning booth; a bathroom; a locker room; a changing room; an
indoor shower facility; or any place where a reasonable person would have an expectation
of privacy; and
new text end
new text begin
(2) does so with the intent to photograph, record, or broadcast an image of the individual's
intimate parts, as defined in section 609.341, subdivision 5, without the consent of the
individual.
new text end
new text begin
(f) A person is guilty of a misdemeanor who:
new text end
new text begin
(1) surreptitiously installs or uses any device for observing, photographing, recording,
or broadcasting an image of an individual's intimate parts, as defined in section 609.341,
subdivision 5, or the clothing covering the immediate area of the intimate parts;
new text end
new text begin
(2) observes, photographs, or records the image under or around the individual's clothing;
and
new text end
new text begin
(3) does so with intent to intrude upon or interfere with the privacy of the individual.
new text end
deleted text begin (e)deleted text end new text begin (g)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:
(1) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end after a previous conviction
under this subdivision or section 609.749; or
(2) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end against a minor under the
age of 18, knowing or having reason to know that the minor is present.
deleted text begin (f)deleted text end new text begin (h)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) deleted text begin ordeleted text end new text begin ,new text end (d)new text begin , or (e)new text end against a minor victim under the age of 18; (2) the
person is more than 36 months older than the minor victim; (3) the person knows or has
reason to know that the minor victim is present; and (4) the violation is committed with
sexual intent.
new text begin
(i) A person is guilty of a gross misdemeanor if the person:
new text end
new text begin
(1) violates paragraph (f) after a previous conviction under this subdivision or section
609.749; or
new text end
new text begin
(2) violates paragraph (f) against a minor under the age of 18, knowing or having reason
to know that the victim is a minor.
new text end
new text begin
(j) A person is guilty of a felony if the person violates paragraph (f) after two or more
convictions under this subdivision or section 609.749.
new text end
deleted text begin (g) Paragraphsdeleted text end new text begin (k) Paragraphnew text end (b) deleted text begin anddeleted text end new text begin ,new text end (d) deleted text begin dodeleted text end new text begin , or (e) doesnew text end not apply to law enforcement
officers or corrections investigators, or to those acting under their direction, while engaged
in the performance of their lawful duties. Paragraphs (c) deleted text begin anddeleted text end new text begin ,new text end (d)new text begin , and (e)new text end do not apply to
conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the
establishment has posted conspicuous signs warning that the premises are under surveillance
by the owner or the owner's employees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 31.
Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:
Subd. 3.
Aggravated violations.
(a) A person who commits any of the following acts
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in subdivision 2 new text begin in whole or in substantial partnew text end because
of the victim's or another's actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender,
new text end sexual orientation, new text begin gender identity, gender expression, age, national origin, or new text end disability as
defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03new text end ;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used
in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial
proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 32.
new text begin
[609.771] USE OF DEEP FAKE TECHNOLOGY TO INFLUENCE AN
ELECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Candidate" means an individual who seeks nomination or election to a federal,
statewide, legislative, judicial, or local office including special districts, school districts,
towns, home rule charter and statutory cities, and counties.
new text end
new text begin
(c) "Deep fake" means any video recording, motion-picture film, sound recording,
electronic image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof:
new text end
new text begin
(1) which appears to authentically depict any speech or conduct of an individual who
did not in fact engage in such speech or conduct; and
new text end
new text begin
(2) the production of which was substantially dependent upon technical means, rather
than the ability of another individual to physically or verbally impersonate such individual.
new text end
new text begin
(d) "Depicted individual" means an individual in a deep fake who appears to be engaging
in speech or conduct in which the individual did not engage.
new text end
new text begin Subd. 2. new text end
new text begin Use of deep fake to influence an election; violation. new text end
new text begin
A person who disseminates
a deep fake or enters into a contract or other agreement to disseminate a deep fake is guilty
of a crime and may be sentenced as provided in subdivision 3 if the person knows or
reasonably should know that the item being disseminated is a deep fake and dissemination:
new text end
new text begin
(1) takes place within 90 days before an election;
new text end
new text begin
(2) is made without the consent of the depicted individual; and
new text end
new text begin
(3) is made with the intent to injure a candidate or influence the result of an election.
new text end
new text begin Subd. 3. new text end
new text begin Use of deep fake to influence an election; penalty. new text end
new text begin
A person convicted of
violating subdivision 2 may be sentenced as follows:
new text end
new text begin
(1) if the person commits the violation within five years of one or more prior convictions
under this section, to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both;
new text end
new text begin
(2) if the person commits the violation with the intent to cause violence or bodily harm,
to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both; or
new text end
new text begin
(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.
new text end
new text begin Subd. 4. new text end
new text begin Injunctive relief. new text end
new text begin
A cause of action for injunctive relief may be maintained
against any person who is reasonably believed to be about to violate or who is in the course
of violating this section by:
new text end
new text begin
(1) the attorney general;
new text end
new text begin
(2) a county attorney or city attorney;
new text end
new text begin
(3) the depicted individual; or
new text end
new text begin
(4) a candidate for nomination or election to a public office who is injured or likely to
be injured by dissemination.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 33.
new text begin
[617.262] NONCONSENSUAL DISSEMINATION OF A DEEP FAKE
DEPICTING INTIMATE PARTS OR SEXUAL ACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Deep fake" means any video recording, motion-picture film, sound recording,
electronic image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof:
new text end
new text begin
(1) which appears to authentically depict any speech or conduct of an individual who
did not in fact engage in such speech or conduct; and
new text end
new text begin
(2) the production of which was substantially dependent upon technical means, rather
than the ability of another individual to physically or verbally impersonate such individual.
new text end
new text begin
(c) "Depicted individual" means an individual in a deep fake who appears to be engaging
in speech or conduct in which the individual did not engage.
new text end
new text begin
(d) "Dissemination" means distribution to one or more persons, other than the person
depicted in the deep fake, or publication by any publicly available medium.
new text end
new text begin
(e) "Harass" means an act that would cause a substantial adverse effect on the safety,
security, or privacy of a reasonable person.
new text end
new text begin
(f) "Intimate parts" means the genitals, pubic area, or anus of an individual, or if the
individual is female, a partially or fully exposed nipple.
new text end
new text begin
(g) "Personal information" means any identifier that permits communication or in-person
contact with a person, including:
new text end
new text begin
(1) a person's first and last name, first initial and last name, first name and last initial,
or nickname;
new text end
new text begin
(2) a person's home, school, or work address;
new text end
new text begin
(3) a person's telephone number, email address, or social media account information; or
new text end
new text begin
(4) a person's geolocation data.
new text end
new text begin
(h) "Sexual act" means either sexual contact or sexual penetration.
new text end
new text begin
(i) "Sexual contact" means the intentional touching of intimate parts or intentional
touching with seminal fluid or sperm onto another person's body.
new text end
new text begin
(j) "Sexual penetration" means any of the following acts:
new text end
new text begin
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end
new text begin
(2) any intrusion, however slight, into the genital or anal openings of an individual by
another's body part or an object used by another for this purpose.
new text end
new text begin
(k) "Social media" means any electronic medium, including an interactive computer
service, telephone network, or data network, that allows users to create, share, and view
user-generated content.
new text end
new text begin Subd. 2. new text end
new text begin Crime. new text end
new text begin
It is a crime to intentionally disseminate a deep fake when:
new text end
new text begin
(1) the actor knows or reasonably should know that the depicted individual does not
consent to the dissemination;
new text end
new text begin
(2) the deep fake realistically depicts any of the following:
new text end
new text begin
(i) the intimate parts of another individual presented as the intimate parts of the depicted
individual;
new text end
new text begin
(ii) artificially generated intimate parts presented as the intimate parts of the depicted
individual; or
new text end
new text begin
(iii) the depicted individual engaging in a sexual act; and
new text end
new text begin
(3) the depicted individual is identifiable:
new text end
new text begin
(i) from the deep fake itself, by the depicted individual or by another person; or
new text end
new text begin
(ii) from the personal information displayed in connection with the deep fake.
new text end
new text begin Subd. 3. new text end
new text begin Penalties. new text end
new text begin
(a) Except as provided in paragraph (b), whoever violates subdivision
2 is guilty of a gross misdemeanor.
new text end
new text begin
(b) Whoever violates subdivision 2 may be sentenced to imprisonment for not more than
three years or to payment of a fine of $5,000, or both, if one of the following factors is
present:
new text end
new text begin
(1) the depicted person suffers financial loss due to the dissemination of the deep fake;
new text end
new text begin
(2) the actor disseminates the deep fake with intent to profit from the dissemination;
new text end
new text begin
(3) the actor maintains an Internet website, online service, online application, or mobile
application for the purpose of disseminating the deep fake;
new text end
new text begin
(4) the actor posts the deep fake on a website;
new text end
new text begin
(5) the actor disseminates the deep fake with intent to harass the depicted person;
new text end
new text begin
(6) the actor obtained the deep fake by committing a violation of section 609.52, 609.746,
609.89, or 609.891; or
new text end
new text begin
(7) the actor has previously been convicted under this chapter.
new text end
new text begin Subd. 4. new text end
new text begin No defense. new text end
new text begin
It is not a defense to a prosecution under this section that the person
consented to the creation or possession of the deep fake.
new text end
new text begin Subd. 5. new text end
new text begin Venue. new text end
new text begin
Notwithstanding anything to the contrary in section 627.01, an offense
committed under this section may be prosecuted in:
new text end
new text begin
(1) the county where the offense occurred;
new text end
new text begin
(2) the county of residence of the actor or victim or in the jurisdiction of the victim's
designated address if the victim participates in the address confidentiality program established
by chapter 5B; or
new text end
new text begin
(3) only if the venue cannot be located in the counties specified under clause (1) or (2),
the county where any deep fake is produced, reproduced, found, stored, received, or possessed
in violation of this section.
new text end
new text begin Subd. 6. new text end
new text begin Exemptions. new text end
new text begin
Subdivision 2 does not apply when:
new text end
new text begin
(1) the dissemination is made for the purpose of a criminal investigation or prosecution
that is otherwise lawful;
new text end
new text begin
(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful
conduct;
new text end
new text begin
(3) the dissemination is made in the course of seeking or receiving medical or mental
health treatment, and the image is protected from further dissemination;
new text end
new text begin
(4) the deep fake was obtained in a commercial setting for the purpose of the legal sale
of goods or services, including the creation of artistic products for sale or display, and the
depicted individual knew, or should have known, that a deep fake would be created and
disseminated;
new text end
new text begin
(5) the deep fake relates to a matter of public interest and dissemination serves a lawful
public purpose;
new text end
new text begin
(6) the dissemination is for legitimate scientific research or educational purposes; or
new text end
new text begin
(7) the dissemination is made for legal proceedings and is consistent with common
practice in civil proceedings necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further dissemination.
new text end
new text begin Subd. 7. new text end
new text begin Immunity. new text end
new text begin
Nothing in this section shall be construed to impose liability upon
the following entities solely as a result of content or information provided by another person:
new text end
new text begin
(1) an interactive computer service as defined in United States Code, title 47, section
230, paragraph (f), clause (2);
new text end
new text begin
(2) a provider of public mobile services or private radio services; or
new text end
new text begin
(3) a telecommunications network or broadband provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 34.
Minnesota Statutes 2022, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found
or made and filed in the proper court within five years after the commission of the offense.
new text begin
(j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
new text end
deleted text begin (j)deleted text end new text begin (k)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (k)deleted text end new text begin (l)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (l)deleted text end new text begin (m)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (m)deleted text end new text begin (n)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2023.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 609.281, subdivision 2; 609.293, subdivisions 1 and
5; 609.34; and 609.36,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
ARTICLE 6
PUBLIC SAFETY AND CRIME VICTIMS
Section 1.
Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:
Subd. 2.
Contents of notice.
The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall develop
the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:
(1) the obligation under section 609.35 of the deleted text begin county where the criminal sexual conduct
occurreddeleted text end new text begin statenew text end to pay for the examination performed for the purpose of gathering evidence,
that payment is not contingent on the victim reporting the criminal sexual conduct to law
enforcement, and that the victim may incur expenses for treatment of injuries;
(2) the victim's rights if the crime is reported to law enforcement, including the victim's
right to apply for reparations under sections 611A.51 to 611A.68, information on how to
apply for reparations, and information on how to obtain an order for protection or a
harassment restraining order; and
(3) the opportunity under section 611A.27 to obtain status information about an
unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1,
paragraph (h).
Sec. 2.
Minnesota Statutes 2022, section 145.4712, is amended to read:
145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.
Subdivision 1.
Emergency care to female sexual assault victims.
(a) It shall be the
standard of care for all hospitals new text begin and other health care providers new text end that provide emergency
care to, at a minimum:
(1) provide each female sexual assault victim with medically and factually accurate and
unbiased written and oral information about emergency contraception from the American
College of Obstetricians and Gynecologists and distributed to all hospitals by the Department
of Health;
(2) orally inform each female sexual assault victim of the option of being provided with
emergency contraception at the hospitalnew text begin or other health care facilitynew text end ; and
(3) immediately provide emergency contraception to each sexual assault victim who
requests it provided it is not medically contraindicated and is ordered by a legal prescriber.
Emergency contraception shall be administered in accordance with current medical protocols
regarding timing and dosage necessary to complete the treatment.
(b) A hospital new text begin or health care provider new text end may administer a pregnancy test. If the pregnancy
test is positive, the hospital new text begin or health care provider new text end does not have to comply with the
provisions in paragraph (a).
Subd. 2.
Emergency care to male and female sexual assault victims.
It shall be the
standard of care for all hospitals new text begin and health care providers new text end that provide emergency care to,
at a minimum:
(1) provide each sexual assault victim with factually accurate and unbiased written and
oral medical information about prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseasesdeleted text end new text begin infectionsnew text end ;
(2) orally inform each sexual assault victim of the option of being provided prophylactic
antibiotics for treatment of sexually transmitted deleted text begin diseasesdeleted text end new text begin infectionsnew text end at the hospitalnew text begin or other
health care facilitynew text end ; and
(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseasesdeleted text end new text begin infectionsnew text end to each sexual assault victim who requests it, provided it is not medically
contraindicated and is ordered by a legal prescriber.
Sec. 3.
new text begin
[260B.020] OFFICE OF RESTORATIVE PRACTICES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "restorative practices" means programs,
practices, and policies that incorporate core principles, including but not limited to
voluntariness, prioritization of agreement by the people closest to the harm on what is needed
to repair the harm, reintegration into the community, honesty, and respect. Further, restorative
practices are rooted in community values and create meaningful outcomes that may include
but are not limited to:
new text end
new text begin
(1) establishing and meeting goals related to increasing connection to community,
restoring relationships, and increasing empathy, perspective taking, and taking responsibility
for impact of actions by all parties involved;
new text end
new text begin
(2) addressing the needs of those who have been harmed;
new text end
new text begin
(3) recognizing and addressing the underlying issues of behavior;
new text end
new text begin
(4) engaging with those most directly affected by an incident and including community
members that reflect the diversity of the child's environment;
new text end
new text begin
(5) having broad authority to determine the complete and appropriate responses to
specific incidents through the use of a collaborative process;
new text end
new text begin
(6) providing solutions and approaches that affirm and are tailored to specific cultures;
and
new text end
new text begin
(7) implementing policies and procedures that are informed by the science of the social,
emotional, and cognitive development of children.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The Office of Restorative Practices is established within the
Department of Public Safety. The Office of Restorative Practices shall have the powers and
duties described in this section.
new text end
new text begin Subd. 3. new text end
new text begin Department of Children, Youth, and Family; automatic transfer. new text end
new text begin
In the
event that a Department of Children, Youth, and Family is created as an independent agency,
the Office of Restorative Practices shall be transferred to that department pursuant to section
15.039 effective six months following the effective date for legislation creating that
department.
new text end
new text begin Subd. 4. new text end
new text begin Director; other staff. new text end
new text begin
(a) The commissioner of public safety shall appoint a
director of the Office of Restorative Practices. The director should have qualifications that
include or are similar to the following:
new text end
new text begin
(1) experience in the many facets of restorative justice and practices such as peacemaking
circles, sentencing circles, community conferencing, community panels, and family group
decision making;
new text end
new text begin
(2) experience in victim-centered and trauma-informed practices;
new text end
new text begin
(3) knowledge of the range of social problems that bring children and families to points
of crisis such as poverty, racism, unemployment, and unequal opportunity;
new text end
new text begin
(4) knowledge of the many ways youth become involved in other systems such as truancy,
juvenile delinquency, child protection; and
new text end
new text begin
(5) understanding of educational barriers.
new text end
new text begin
(b) The director shall hire additional staff to perform the duties of the Office of
Restorative Practices. The staff shall be in the classified service of the state and their
compensation shall be established pursuant to chapter 43A.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
(a) The Office of Restorative Practices shall promote the use of
restorative practices across multiple disciplines, including but not limited to:
new text end
new text begin
(1) pretrial diversion programs established pursuant to section 388.24;
new text end
new text begin
(2) delinquency, criminal justice, child welfare, and education systems; and
new text end
new text begin
(3) community violence prevention practices.
new text end
new text begin
(b) The Office of Restorative Practices shall collaborate with Tribal communities,
counties, multicounty agencies, other state agencies, nonprofit agencies, and other
jurisdictions, and with existing restorative practices initiatives in those jurisdictions to
establish new restorative practices initiatives, support existing restorative practices initiatives,
and identify effective restorative practices initiatives.
new text end
new text begin
(c) The Office of Restorative Practices shall encourage collaboration between jurisdictions
by creating a statewide network, led by restorative practitioners, to share effective methods
and practices.
new text end
new text begin
(d) The Office of Restorative Practices shall create a statewide directory of restorative
practices initiatives. The office shall make this directory available to all restorative practices
initiatives, counties, multicounty agencies, nonprofit agencies, and Tribes in order to facilitate
referrals to restorative practices initiatives and programs.
new text end
new text begin
(e) The Office of Restorative Practices shall work throughout the state to build capacity
for the use of restorative practices in all jurisdictions and shall encourage every county to
have at least one available restorative practices initiative.
new text end
new text begin
(f) The Office of Restorative Practices shall engage restorative practitioners in discerning
ways to measure the effectiveness of restorative efforts throughout the state.
new text end
new text begin
(g) The Office of Restorative Practices shall oversee the coordination and establishment
of local restorative practices advisory committees. The office shall oversee compliance with
the conditions of this funding program. If a complaint or concern about a local advisory
committee or a grant recipient is received, the Office of Restorative Practices shall exercise
oversight as provided in this section.
new text end
new text begin
(h) The Office of Restorative Practices shall provide information to local restorative
practices advisory committees, or restorative practices initiatives in Tribal communities and
governments, counties, multicounty agencies, other state agencies, and other jurisdictions
about best practices that are developmentally tailored to youth, trauma-informed, and
healing-centered, and provide technical support. Providing information includes but is not
limited to sharing data on successful practices in other jurisdictions, sending notification
about available training opportunities, and sharing known resources for financial support.
The Office of Restorative Practices shall also provide training and technical support to local
restorative practices advisory committees. Training includes but is not limited to the use
and scope of restorative practices, victim-centered restorative practices, and trauma-informed
care.
new text end
new text begin
(i) The Office of Restorative Practices shall annually establish minimum requirements
for the grant application process.
new text end
new text begin
(j) The Office of Restorative Practices shall work with Tribes, counties, multicounty
agencies, and nonprofit agencies throughout the state to educate those entities about the
application process for grants and encourage applications.
new text end
new text begin Subd. 6. new text end
new text begin Grants. new text end
new text begin
(a) Within available appropriations, the director shall award grants to
establish and support restorative practices initiatives. An approved applicant must receive
a grant of up to $500,000 each year.
new text end
new text begin
(b) On an annual basis, the Office of Restorative Practices shall establish a minimum
number of applications that must be received during the application process. If the minimum
number of applications is not received, the office must reopen the application process.
new text end
new text begin
(c) Grants may be awarded to private and public nonprofit agencies; local units of
government, including cities, counties, and townships; local educational agencies; and Tribal
governments. A restorative practices advisory committee may support multiple entities
applying for grants based on community needs, the number of youth and families in the
jurisdiction, and the number of restorative practices available to the community. Budgets
supported by grant funds can include contracts with partner agencies.
new text end
new text begin
(d) Applications must include the following:
new text end
new text begin
(1) a list of willing restorative practices advisory committee members;
new text end
new text begin
(2) letters of support from potential restorative practices advisory committee members;
new text end
new text begin
(3) a description of the planning process that includes:
new text end
new text begin
(i) a description of the origins of the initiative, including how the community provided
input; and
new text end
new text begin
(ii) an estimated number of participants to be served; and
new text end
new text begin
(4) a formal document containing a project description that outlines the proposed goals,
activities, and outcomes of the initiative including, at a minimum:
new text end
new text begin
(i) a description of how the initiative meets the minimum eligibility requirements of the
grant;
new text end
new text begin
(ii) the roles and responsibilities of key staff assigned to the initiative;
new text end
new text begin
(iii) identification of any key partners, including a summary of the roles and
responsibilities of those partners;
new text end
new text begin
(iv) a description of how volunteers and other community members are engaged in the
initiative; and
new text end
new text begin
(v) a plan for evaluation and data collection.
new text end
new text begin
(e) In determining the appropriate amount of each grant, the Office of Restorative
Practices shall consider the number of individuals likely to be served by the local restorative
practices initiative.
new text end
new text begin Subd. 7. new text end
new text begin Restorative practices advisory committees; membership and duties. new text end
new text begin
(a)
Restorative practices advisory committees must include:
new text end
new text begin
(1) a judge of the judicial district that will be served by the restorative practices initiative;
new text end
new text begin
(2) the county attorney of a county that will be served by the restorative practices initiative
or a designee;
new text end
new text begin
(3) the chief district public defender in the district that will be served by the local
restorative justice program or a designee;
new text end
new text begin
(4) a representative from the children's unit of a county social services agency assigned
to the area that will be served by the restorative practices initiative;
new text end
new text begin
(5) a representative from the local probation department or community corrections
agency that works with youth in the area that will be served by the restorative practices
initiative;
new text end
new text begin
(6) a representative from a local law enforcement agency that operates in the area that
will be served by the restorative practices initiative;
new text end
new text begin
(7) a school administrator or designee from a school or schools that operate in the area
that will be served by the restorative practices initiative;
new text end
new text begin
(8) multiple community members that reflect the racial, socioeconomic, and other
diversity of the population of a county that will be served by the local restorative justice
program and the individuals most frequently involved in the truancy, juvenile offender, and
juvenile safety and placement systems;
new text end
new text begin
(9) restorative practitioners, including restorative practitioners from within the community
if available and, if not, from nearby communities;
new text end
new text begin
(10) parents, youth, and justice-impacted participants; and
new text end
new text begin
(11) at least one representative from a victims advocacy group.
new text end
new text begin
(b) Community members described in paragraph (a), clause (8), must make up at least
one-third of the restorative practices advisory committee.
new text end
new text begin
(c) Community members, parents, youth, and justice-impacted participants participating
in the advisory committee may receive a per diem from grant funds in the amount determined
by the General Services Administration.
new text end
new text begin
(d) The restorative practices advisory committees must utilize restorative practices in
their decision-making process and come to consensus when developing, expanding, and
maintaining restorative practices criteria and referral processes for their communities.
new text end
new text begin
(e) Restorative practices advisory committees shall be responsible for establishing
eligibility requirements for referrals to the local restorative practices initiative. Once
restorative practices criteria and referral processes are developed, children, families, and
cases, depending upon the point of prevention or intervention, must be referred to the local
restorative practices initiatives or programs that serve the county, local community, or Tribal
community where the child and family reside.
new text end
new text begin
(f) Referrals may be made under circumstances, including but not limited to:
new text end
new text begin
(1) as an alternative to arrest as outlined in section 260B.1755;
new text end
new text begin
(2) for a juvenile petty offense;
new text end
new text begin
(3) for a juvenile traffic offense;
new text end
new text begin
(4) for a juvenile delinquency offense, including before and after a delinquency petition
has been filed;
new text end
new text begin
(5) for a child protection case, including before and after adjudication;
new text end
new text begin
(6) for a children's mental health case;
new text end
new text begin
(7) for a juvenile status offense, including but not limited to truancy or running away;
new text end
new text begin
(8) for substance use issues;
new text end
new text begin
(9) for situations involving transition to or from the community; and
new text end
new text begin
(10) through self-referral.
new text end
new text begin Subd. 8. new text end
new text begin Oversight of restorative practices advisory committees. new text end
new text begin
(a) Complaints by
restorative practices advisory committee members, community members, restorative practices
initiatives, or restorative practices practitioners regarding concerns about grant recipients
may be made to the Office of Restorative Practices.
new text end
new text begin
(b) The Office of Restorative Practices may prescribe the methods by which complaints
to the office are to be made, reviewed, and acted upon.
new text end
new text begin
(c) The Office of Restorative Practices shall establish and use a restorative process to
respond to complaints so that grant recipients are being held to their agreed upon
responsibilities and continue to meet the minimum eligibility requirements for grants to
local restorative practices initiatives for the duration of the grant.
new text end
new text begin Subd. 9. new text end
new text begin Report. new text end
new text begin
By February 15 of each year, the director shall report to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
public safety, human services, and education, on the work of the Office of Restorative
Practices, any grants issued pursuant to this section, and the status of local restorative
practices initiatives in the state that were reviewed in the previous year.
new text end
Sec. 4.
Minnesota Statutes 2022, section 297I.06, subdivision 1, is amended to read:
Subdivision 1.
Insurance policies surcharge.
(a) Except as otherwise provided in
subdivision 2, each licensed insurer engaged in writing policies of homeowner's insurance
authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire policies or
commercial nonliability policies shall collect a surcharge as provided in this paragraph.
deleted text begin Through June 30, 2013,deleted text end The surcharge is equal to 0.65 percent of the gross premiums and
assessments, less return premiums, on direct business received by the company, or by its
agents for it, for homeowner's insurance policies, commercial fire policies, and commercial
nonliability insurance policies in this state. deleted text begin Beginning July 1, 2013, the surcharge is 0.5
percent.
deleted text end
(b) The surcharge amount collected under paragraph (a) or subdivision 2, paragraph (b),
may not be considered premium for any other purpose. The surcharge amount under
paragraph (a) must be separately stated on either a billing or policy declaration or document
containing similar information sent to an insured.
(c) Amounts collected by the commissioner under this section must be deposited in the
fire safety account established pursuant to subdivision 3.
Sec. 5.
Minnesota Statutes 2022, section 299A.38, is amended to read:
299A.38 SOFT BODY ARMOR REIMBURSEMENT.
Subdivision 1.
Definitions.
As used in this section:
deleted text begin (a)deleted text end new text begin (1)new text end "commissioner" means the commissioner of public safetydeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) "firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state;
new text end
deleted text begin (b)deleted text end new text begin (3)new text end "peace officer" means a person who is licensed under section 626.84, subdivision
1, paragraph (c)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) "public safety officer" means a firefighter or qualified emergency medical service
provider;
new text end
new text begin
(5) "qualified emergency medical service provider" means a person certified under
section 144E.101 who is actively employed by a Minnesota licensed ambulance service;
and
new text end
deleted text begin (c)deleted text end new text begin (6)new text end "vest" means bullet-resistant soft body armor that is flexible, concealable, and
custom fitted to the peace officer to provide ballistic and trauma protection.
Subd. 2.
State and local reimbursement.
Peace officers and heads of local law
enforcement agencies new text begin and public safety officers and heads of agencies and entities new text end who buy
vests for the use of peace officer employeesnew text begin , public safety officer employees, or bothnew text end may
apply to the commissioner for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the applicant an amount equal
to the lesser of one-half of the vest's purchase price or $600, as adjusted according to
subdivision 2a. The political subdivisionnew text begin , agency, or entitynew text end that employs the peace officernew text begin
or public safety officernew text end shall pay at least the lesser of one-half of the vest's purchase price
or $600, as adjusted according to subdivision 2a. The political subdivisionnew text begin , agency, or entitynew text end
may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar
allowance otherwise provided to the peace officer by the law enforcement agencynew text begin or public
safety officer by the employing agency or entitynew text end .
Subd. 2a.
Adjustment of reimbursement amount.
On October 1, 2006, the
commissioner of public safety shall adjust the $600 reimbursement amounts specified in
subdivision 2, and in each subsequent year, on October 1, the commissioner shall adjust the
reimbursement amount applicable immediately preceding that October 1 date. The adjusted
rate must reflect the annual percentage change in the Consumer Price Index for all urban
consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year
period ending on the preceding June 1.
Subd. 3.
Eligibility requirements.
(a) Only vests that either meet or exceed the
requirements of standard 0101.03 of the National Institute of Justice or that meet or exceed
the requirements of that standard, except wet armor conditioning, are eligible for
reimbursement.
(b) Eligibility for reimbursement is limited to vests bought after December 31, 1986, by
or for peace officers (1) who did not own a vest meeting the requirements of paragraph (a)
before the purchase, or (2) who owned a vest that was at least five years old.
(c) The requirement set forth in paragraph (b), clauses (1) and (2), shall not apply to any
peace officer who purchases a vest constructed from a zylon-based material, provided that
the peace officer provides proof of purchase or possession of the vest prior to July 1, 2005.
Subd. 4.
Rules.
The commissioner may adopt rules under chapter 14 to administer this
section.
Subd. 5.
Limitation of liability.
A state agency, political subdivision of the state, deleted text begin or
deleted text end state or local government employeenew text begin , or other entitynew text end that provides reimbursement for purchase
of a vest under this section is not liable to a peace officer or the peace officer's heirs new text begin or a
public safety officer or the public safety officer's heirs new text end for negligence in the death of or
injury to the deleted text begin peacedeleted text end officer because the vest was defective or deficient.
Subd. 6.
Right to benefits unaffected.
A peace officer new text begin or public safety officer new text end who is
reimbursed for the purchase of a vest under this section and who suffers injury or death
because the officer failed to wear the vest, or because the officer wore a vest that was
defective or deficient, may not lose or be denied a benefit or right, including a benefit under
section 299A.44, to which the officer, or the officer's heirs, is otherwise entitled.
Sec. 6.
Minnesota Statutes 2022, section 299A.41, subdivision 3, is amended to read:
Subd. 3.
Killed in the line of duty.
"Killed in the line of duty" does not include deaths
from natural causes, except as provided in this subdivision. In the case of a public safety
officer, killed in the line of duty includes the death of a public safety officer caused by
accidental means while the public safety officer is acting in the course and scope of duties
as a public safety officer. Killed in the line of duty also means if a public safety officer dies
as the direct and proximate result of a heart attack, stroke, or vascular rupture, that officer
shall be presumed to have died as the direct and proximate result of a personal injury
sustained in the line of duty if:
(1) that officer, while on duty:
(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous
physical law enforcement, fire suppression, rescue, hazardous material response, emergency
medical services, prison security, disaster relief, or other emergency response activity; or
(ii) participated in a training exercise, and that participation involved nonroutine stressful
or strenuous physical activity;
(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
(i) while engaging or participating under clause (1);
(ii) while still on duty after engaging or participating under clause (1); or
(iii) not later than 24 hours after engaging or participating under clause (1); deleted text begin and
deleted text end
new text begin
(3) that officer died due to suicide secondary to a diagnosis of posttraumatic stress
disorder as described in the most recent edition of the Diagnostic and Statistical Manual of
Mental Disorders published by the American Psychiatric Association;
new text end
new text begin
(4) within 45 days of the end of exposure, while on duty, to a traumatic event. As used
in this section, "traumatic event" means an officer exposed to an event that is:
new text end
new text begin
(i) a homicide, suicide, or the violent or gruesome death of another individual, including
but not limited to a death resulting from a mass casualty event, mass fatality event, or mass
shooting;
new text end
new text begin
(ii) a harrowing circumstance posing an extraordinary and significant danger or threat
to the life of or of serious bodily harm to any individual, including but not limited to a death
resulting from a mass casualty event, mass fatality event, or mass shooting; or
new text end
new text begin
(iii) an act of criminal sexual violence committed against any individual; and
new text end
deleted text begin (3)deleted text end new text begin (5)new text end the presumption is not overcome by competent medical evidence to the contrary.
Sec. 7.
Minnesota Statutes 2022, section 299A.85, subdivision 6, is amended to read:
Subd. 6.
Reports.
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered
Indigenous women, children, and new text begin Two-Spirit new text end relatives in Minnesota, including names, dates
of disappearance, and dates of death, to the extent the data is publicly available. new text begin The report
must also identify and describe the work of any reward advisory group and itemize the
expenditures of the Gaagige-Mikwendaagoziwag reward account, if any. new text end The office must
submit the report by January 15 each year to the chairs and ranking minority members of
the legislative committees with primary jurisdiction over public safety.
Sec. 8.
new text begin
[299A.90] OFFICE FOR MISSING AND MURDERED BLACK WOMEN
AND GIRLS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Black women and girls within the
Minnesota Office of Justice Programs.
new text end
new text begin Subd. 2. new text end
new text begin Director; staff. new text end
new text begin
(a) The commissioner must appoint a director who is a person
closely connected to the Black community and who is highly knowledgeable about criminal
investigations. The commissioner is encouraged to consider candidates for appointment
who are recommended by members of the Black community.
new text end
new text begin
(b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end
new text begin
(c) The director and full-time staff shall be members of the Minnesota State Retirement
Association.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
(a) The office has the following duties:
new text end
new text begin
(1) advocate in the legislature for legislation that will facilitate the accomplishment of
mandates identified in the report of the Task Force on Missing and Murdered African
American Women;
new text end
new text begin
(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African American
Women;
new text end
new text begin
(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to cases of missing and murdered Black women and
girls;
new text end
new text begin
(4) facilitate research to refine the mandates in the report of the Task Force on Missing
and Murdered African American Women and to assess the potential efficacy, feasibility,
and impact of the recommendations;
new text end
new text begin
(5) collect data on missing person and homicide cases involving Black women and girls,
including the total number of cases, the rate at which the cases are solved, the length of time
the cases remain open, and a comparison to similar cases involving different demographic
groups;
new text end
new text begin
(6) collect data on Amber Alerts, including the total number of Amber Alerts issued,
the total number of Amber Alerts that involve Black girls, and the outcome of cases involving
Amber Alerts disaggregated by the child's race and sex;
new text end
new text begin
(7) collect data on reports of missing Black girls, including the number classified as
voluntary runaways, and a comparison to similar cases involving different demographic
groups;
new text end
new text begin
(8) analyze and assess the intersection between cases involving missing and murdered
Black women and girls and labor trafficking and sex trafficking;
new text end
new text begin
(9) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving missing and murdered Black women and girls and
labor trafficking and sex trafficking;
new text end
new text begin
(10) analyze and assess the intersection between cases involving murdered Black women
and girls and domestic violence, including prior instances of domestic violence within the
family or relationship, whether an offender had prior convictions for domestic assault or
related offenses, and whether the offender used a firearm in the murder or any prior instances
of domestic assault;
new text end
new text begin
(11) develop recommendations for legislative, agency, and community actions to address
the intersection between cases involving murdered Black women and girls and domestic
violence;
new text end
new text begin
(12) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end
new text begin
(13) track and collect Minnesota data on missing and murdered Black women and girls,
and provide statistics upon public or legislative inquiry;
new text end
new text begin
(14) facilitate technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;
new text end
new text begin
(15) conduct case reviews and report on the results of case reviews for the following
types of cases involving missing and murdered Black women and girls: cold cases for
missing Black women and girls and death investigation review for cases of Black women
and girls ruled as suicide or overdose under suspicious circumstances;
new text end
new text begin
(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against a Black woman or girl. These case reviews
must identify those cases where the perpetrator is a repeat offender;
new text end
new text begin
(17) prepare draft legislation as necessary to allow the office access to the data necessary
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
new text end
new text begin
(18) review sentencing guidelines for crimes related to missing and murdered Black
women and girls, recommend changes if needed, and advocate for consistent implementation
of the guidelines across Minnesota courts;
new text end
new text begin
(19) develop and maintain communication with relevant divisions in the Department of
Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding
any cases involving missing and murdered Black women and girls and on procedures for
investigating cases involving missing and murdered Black women and girls;
new text end
new text begin
(20) consult with the Council for Minnesotans of African Heritage established in section
15.0145; and
new text end
new text begin
(21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and
Canada.
new text end
new text begin
(b) As used in this subdivision:
new text end
new text begin
(1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and
new text end
new text begin
(2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a.
new text end
new text begin Subd. 4. new text end
new text begin Coordination with other organizations. new text end
new text begin
In fulfilling its duties, the office may
coordinate, as useful, with stakeholder groups that were represented on the Task Force on
Missing and Murdered African American Women and state agencies that are responsible
for the systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Black women and girls; those who have a role in supporting or
advocating for missing or murdered Black women and girls and the people who seek justice
for them; and those who represent the interests of Black people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; service providers who offer legal services,
advocacy, and other services to Black women and girls; Black women and girls who are
survivors; and organizations and leadership from urban and statewide Black communities.
new text end
new text begin Subd. 5. new text end
new text begin Reports. new text end
new text begin
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered Black
women and girls in Minnesota, including names, dates of disappearance, and dates of death,
to the extent the data is publicly available. The office must submit the report by January 15
each year to the chairs and ranking minority members of the legislative committees with
primary jurisdiction over public safety.
new text end
new text begin Subd. 6. new text end
new text begin Acceptance of gifts and receipt of grants. new text end
new text begin
(a) A missing and murdered Black
women and girls account is established in the special revenue fund. Money in the account,
including interest earned, is appropriated to the office for the purposes of carrying out the
office's duties, including but not limited to issuing grants to community-based organizations.
new text end
new text begin
(b) Notwithstanding sections 16A.013 to 16A.016, the office may accept funds
contributed by individuals and may apply for and receive grants from public and private
entities. The funds accepted or received under this subdivision must be deposited in the
missing and murdered Black women and girls account created under paragraph (a).
new text end
new text begin Subd. 7. new text end
new text begin Grants to organizations. new text end
new text begin
(a) The office shall issue grants to community-based
organizations that provide services designed to prevent or end the targeting of Black women
or girls, or to provide assistance to victims of offenses that targeted Black women or girls.
new text end
new text begin
(b) Grant recipients must use money to:
new text end
new text begin
(1) provide services designed to reduce or prevent crimes or other negative behaviors
that target Black women or girls;
new text end
new text begin
(2) provide training to the community about how to handle situations and crimes involving
the targeting of Black women and girls, including but not limited to training for law
enforcement officers, county attorneys, city attorneys, judges, and other criminal justice
partners; or
new text end
new text begin
(3) provide services to Black women and girls who are victims of crimes or other offenses,
or to the family members of missing and murdered Black women and girls.
new text end
new text begin
(c) Applicants must apply in a form and manner established by the office.
new text end
new text begin
(d) Grant recipients must provide an annual report to the office that includes:
new text end
new text begin
(1) the services provided by the grant recipient;
new text end
new text begin
(2) the number of individuals served in the previous year; and
new text end
new text begin
(3) any other information required by the office.
new text end
new text begin
(e) On or before February 1 of each year, the office shall report to the legislative
committees and divisions with jurisdiction over public safety on the work of grant recipients,
including a description of the number of entities awarded grants, the amount of those grants,
and the number of individuals served by the grantees.
new text end
new text begin
(f) The office may enter into agreements with the Office of Justice Programs for the
administration of grants issued under this subdivision.
new text end
new text begin Subd. 8. new text end
new text begin Access to data. new text end
new text begin
Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end
Sec. 9.
new text begin
[299C.055] LEGISLATIVE REPORT ON FUSION CENTER ACTIVITIES.
new text end
new text begin
(a) The superintendent must prepare an annual report for the public and the legislature
on the Minnesota Fusion Center (MNFC) that includes general information about the MNFC;
the types of activities it monitors; the scale of information it collects; the local, state, and
federal agencies with which it shares information; and the quantifiable benefits it produces.
None of the reporting requirements in this section supersede chapter 13 or any other state
or federal law. The superintendent must report on activities for the preceding calendar year
unless another time period is specified. The report must include the following information,
to the extent allowed by other law:
new text end
new text begin
(1) the MNFC's operating budget for the current biennium, number of staff, and staff
duties;
new text end
new text begin
(2) the number of publications generated and an overview of the type of information
provided in the publications, including products such as law enforcement briefs, partner
briefs, risk assessments, threat assessments, and operational reports;
new text end
new text begin
(3) a summary of audit findings for the MNFC and what corrective actions were taken
pursuant to audits;
new text end
new text begin
(4) the number of data requests received by the MNFC and a general description of those
requests;
new text end
new text begin
(5) the types of surveillance and data analysis technologies utilized by the MNFC, such
as artificial intelligence or social media analysis tools;
new text end
new text begin
(6) a description of the commercial and governmental databases utilized by the MNFC
to the extent permitted by law;
new text end
new text begin
(7) the number of suspicious activity reports (SARs) received and processed by the
MNFC;
new text end
new text begin
(8) the number of SARs received and processed by the MNFC that were converted into
Bureau of Criminal Apprehension case files, that were referred to the Federal Bureau of
Investigation, or that were referred to local law enforcement agencies;
new text end
new text begin
(9) the number of SARs received and processed by the MNFC that involve an individual
on the Terrorist Screening Center watchlist;
new text end
new text begin
(10) the number of requests for information (RFIs) that the MNFC received from law
enforcement agencies and the number of responses to federal requests for RFIs;
new text end
new text begin
(11) the names of the federal agencies the MNFC received data from or shared data
with;
new text end
new text begin
(12) the names of the agencies that submitted SARs;
new text end
new text begin
(13) a summary description of the MNFC's activities with the Joint Terrorism Task
Force; and
new text end
new text begin
(14) the number of investigations aided by the MNFC's use of SARs and RFIs.
new text end
new text begin
(b) The report shall be provided to the chairs and ranking minority members of the
committees of the house of representatives and senate with jurisdiction over data practices
and public safety issues, and shall be posted on the MNFC website by February 15 each
year beginning on February 15, 2024.
new text end
Sec. 10.
new text begin
[299C.061] STATE FRAUD UNIT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section, the following terms have the meanings
provided:
new text end
new text begin
(1) "fraud" includes any violation of sections 609.466, 609.611, 609.651, 609.7475, or
609.821;
new text end
new text begin
(2) "peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c);
new text end
new text begin
(3) "state agency" has the meaning given in section 13.02, subdivision 17;
new text end
new text begin
(4) "superintendent" means the superintendent of the Bureau of Criminal Apprehension;
and
new text end
new text begin
(5) "unit" means the State Fraud Unit housed at the Bureau of Criminal Apprehension.
new text end
new text begin Subd. 2. new text end
new text begin State Fraud Unit. new text end
new text begin
The superintendent shall form a State Fraud Unit within the
Bureau of Criminal Apprehension to conduct investigations into fraud involving state-funded
programs or services subject to availability of funds.
new text end
new text begin Subd. 3. new text end
new text begin Mandatory referral; duty to investigate. new text end
new text begin
A state agency shall refer all
suspected fraudulent activity under the provisions noted within subdivision 1, clause (1),
equaling $100,000 or more, to the unit for evaluation and investigation or appropriate
referral. Upon receipt of this referral, the unit shall review and, where appropriate, conduct
criminal investigations into such allegations. The unit has sole discretion as to which
allegations are investigated further, referred back to the reporting agency for appropriate
regulatory investigation, or referred to another law enforcement agency with appropriate
jurisdiction.
new text end
new text begin Subd. 4. new text end
new text begin Discretionary referral. new text end
new text begin
(a) A state agency may refer suspected fraudulent
activity related to any state-funded programs or services equaling less than $100,000 to the
unit for investigation. Upon referral, the unit shall:
new text end
new text begin
(1) accept the referral and, where appropriate, conduct criminal investigations into the
allegations and make appropriate referrals for criminal prosecution; or
new text end
new text begin
(2) redirect the referral to another appropriate law enforcement agency or civil
investigative authority, offering assistance where appropriate.
new text end
new text begin Subd. 5. new text end
new text begin State agency reporting. new text end
new text begin
By January 15 of each year, each state agency must
report all suspected fraudulent activities equaling $10,000 or more to the unit to be
summarized in the report under subdivision 6.
new text end
new text begin Subd. 6. new text end
new text begin State Fraud Unit annual report. new text end
new text begin
By February 1 of each odd-numbered year,
the superintendent shall report to the commissioner, the governor, and the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety finance
and policy the following information about the unit:
new text end
new text begin
(1) the number of investigations initiated;
new text end
new text begin
(2) the number of allegations investigated;
new text end
new text begin
(3) the outcomes or current status of each investigation;
new text end
new text begin
(4) the charging decisions made by the prosecuting authority of incidents investigated
by the unit;
new text end
new text begin
(5) the number of plea agreements reached in incidents investigated by the unit;
new text end
new text begin
(6) the number of reports received under subdivision 5; and
new text end
new text begin
(7) any other information relevant to the unit's mission.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Subdivisions 1, 3, 5, and 6 are effective July 1, 2023. Subdivisions
3 and 4 are effective January 1, 2024.
new text end
Sec. 11.
Minnesota Statutes 2022, section 299C.106, subdivision 3, is amended to read:
Subd. 3.
Submission and storage of sexual assault examination kits.
(a) Within 60
days of receiving an unrestricted sexual assault examination kit, a law enforcement agency
shall submit the kit for testing to a forensic laboratory. The testing laboratory shall return
unrestricted sexual assault examination kits to the submitting agency for storage after testing
is complete. The submitting agency must store unrestricted sexual assault examination kits
indefinitely.
(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or
a law enforcement agency receiving a restricted sexual assault examination kit from a
hospital, the hospital or the agency shall submit the kit to deleted text begin the Bureau of Criminal
Apprehensiondeleted text end new text begin a forensic laboratorynew text end . The deleted text begin bureaudeleted text end new text begin laboratorynew text end shall store all restricted sexual
assault examination kits collected by hospitals or law enforcement agencies in the state.
The deleted text begin bureaudeleted text end new text begin laboratory new text end shall retain a restricted sexual assault examination kit for at least 30
months from the date the deleted text begin bureaudeleted text end new text begin laboratorynew text end receives the kit.
new text begin
(c) The receiving forensic laboratory must test the sexual assault examination kit within
90 days of receipt from a hospital or law enforcement agency. Upon completion of testing,
the forensic laboratory will update the kit-tracking database to indicate that testing is
complete. The forensic laboratory must notify the submitting agency when any kit testing
does not meet the 90-day deadline and provide an estimated time frame for testing
completion.
new text end
Sec. 12.
Minnesota Statutes 2022, section 299C.53, subdivision 3, is amended to read:
Subd. 3.
Missing and endangered persons.
new text begin The Bureau of Criminal Apprehension
must operate a missing person alert program. new text end If the Bureau of Criminal Apprehension
receives a report from a law enforcement agency indicating that a person is missing and
endangered, the superintendentnew text begin must originate an alert. The superintendentnew text end may assist the
law enforcement agency in conducting the preliminary investigation, offer resources, and
assist the agency in helping implement the investigation policy with particular attention to
the need for immediate action. The law enforcement agency shall promptly notify all
appropriate law enforcement agencies in the state new text begin and is required to issue a missing person
alert utilizing the Crime Alert Network as prescribed in section 299A.61 new text end and, if deemed
appropriate, law enforcement agencies in adjacent states or jurisdictions of any information
that may aid in the prompt location and safe return of a missing and endangered person.new text begin
The superintendent shall provide guidance on issuing alerts using this system and provide
the system for law enforcement agencies to issue these alerts. The Bureau of Criminal
Apprehension may provide assistance to agencies in issuing missing person alerts as required
by this section.
new text end
Sec. 13.
Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:
Subdivision 1.
Hotel inspection.
(a) It shall be the duty of the commissioner of public
safety to inspect, or cause to be inspected, at least once every three years, every hotel in
this state; and, for that purpose, the commissioner, or the commissioner's deputies or
designated alternates or agents, shall have the right to enter or have access thereto at any
reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected
does not conform to or is not being operated in accordance with the provisions of sections
157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection
of hotels, or the rules promulgated thereunder, or is being maintained or operated in such
manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02,
subdivision 6, new text begin 299F.51, new text end or any other law of this state relating to fire prevention and fire
protection of hotels, the commissioner and the deputies or designated alternates or agents
shall report such a situation to the hotel inspector who shall proceed as provided for in
chapter 157.
(b) The word "hotel", as used in this subdivision, has the meaning given in section
299F.391.
Sec. 14.
Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Hotel. new text end
new text begin
"Hotel" means any building, or portion thereof, containing six or more
guest rooms intended or designed to be used, or which are used, rented, or hired out to be
occupied, or which are occupied for sleeping purposes by guests.
new text end
Sec. 15.
Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Lodging house. new text end
new text begin
"Lodging house" means any building, or portion thereof,
containing not more than five guest rooms which are used or are intended to be used for
sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
new text end
Sec. 16.
Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end Every deleted text begin single familydeleted text end new text begin single-familynew text end dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational carbon
monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.
new text begin
(b) Every guest room in a hotel or lodging house must have an approved and operational
carbon monoxide alarm installed in each room lawfully used for sleeping purposes.
new text end
Sec. 17.
Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:
Subd. 2.
Owner's duties.
new text begin (a) new text end The owner of a multifamily dwelling unit which is required
to be equipped with one or more approved carbon monoxide alarms must:
(1) provide and install one approved and operational carbon monoxide alarm within ten
feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy of the dwelling unit and which
has not been replaced by the prior occupant prior to the commencement of a new occupancy
of a dwelling unit.
new text begin
(b) The owner of a hotel or lodging house that is required to be equipped with one or
more approved carbon monoxide alarms must:
new text end
new text begin
(1) provide and install one approved and operational carbon monoxide alarm in each
room lawfully used for sleeping; and
new text end
new text begin
(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy and that has not been replaced by
the prior occupant prior to the commencement of a new occupancy of a hotel guest room
or lodging house.
new text end
Sec. 18.
Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:
Subd. 5.
Exceptions; certain multifamily dwellings and state-operated facilities.
(a)
In lieu of requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide deleted text begin alarmsdeleted text end new text begin detectorsnew text end installed between 15 and 25 feet of carbon
monoxide-producing central fixtures and equipment, provided there is a centralized alarm
system or other mechanism for responsible parties to hear the alarm at all times.
(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon
monoxide may be exempted from the requirements of subdivision 1, provided that such
owner certifies to the commissioner of public safety that such multifamily dwelling poses
no foreseeable carbon monoxide risk to the health and safety of the dwelling units.
(c) The requirements of this section do not apply to facilities owned or operated by the
state of Minnesota.
Sec. 19.
Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Safety warning. new text end
new text begin
A first violation of this section shall not result in a penalty,
but is punishable by a safety warning. A second or subsequent violation is a petty
misdemeanor.
new text end
Sec. 20.
Minnesota Statutes 2022, section 299M.10, is amended to read:
299M.10 MONEY CREDITED TO GENERAL FUND.
The fees and penalties collected under this chapterdeleted text begin , except as provided in section
299M.07,deleted text end must be deposited in the state treasury and credited to the deleted text begin general fund. Money
received by the State Fire Marshal Division in the form of gifts, grants, reimbursements, or
appropriation from any source for the administration of this chapter must also be deposited
in the state treasury and credited to the general fund.deleted text end new text begin state fire marshal account, which is
established in the special revenue fund. Money in the state fire marshal account is annually
appropriated to the commissioner of public safety to administer the programs under this
chapter.
new text end
Sec. 21.
Minnesota Statutes 2022, section 326.32, subdivision 10, is amended to read:
Subd. 10.
License holder.
"License holder" means any individual, partnershipnew text begin as defined
in section 323A.0101, clause (8),new text end or corporation licensed to perform the duties of a private
detective or a protective agent.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22.
new text begin
[604.32] CAUSE OF ACTION FOR NONCONSENSUAL DISSEMINATION
OF A DEEP FAKE DEPICTING INTIMATE PARTS OR SEXUAL ACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Deep fake" means any video recording, motion-picture film, sound recording,
electronic image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof:
new text end
new text begin
(1) which appears to authentically depict any speech or conduct of an individual who
did not in fact engage in such speech or conduct; and
new text end
new text begin
(2) the production of which was substantially dependent upon technical means, rather
than the ability of another individual to physically or verbally impersonate such individual.
new text end
new text begin
(c) "Depicted individual" means an individual in a deep fake who appears to be engaging
in speech or conduct in which the individual did not engage.
new text end
new text begin
(d) "Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or
anus of an individual.
new text end
new text begin
(e) "Personal information" means any identifier that permits communication or in-person
contact with a person, including:
new text end
new text begin
(1) a person's first and last name, first initial and last name, first name and last initial,
or nickname;
new text end
new text begin
(2) a person's home, school, or work address;
new text end
new text begin
(3) a person's telephone number, email address, or social media account information; or
new text end
new text begin
(4) a person's geolocation data.
new text end
new text begin
(f) "Sexual act" means either sexual contact or sexual penetration.
new text end
new text begin
(g) "Sexual contact" means the intentional touching of intimate parts or intentional
touching with seminal fluid or sperm onto another person's body.
new text end
new text begin
(h) "Sexual penetration" means any of the following acts:
new text end
new text begin
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end
new text begin
(2) any intrusion, however slight, into the genital or anal openings of an individual by
another's body part or an object used by another for this purpose.
new text end
new text begin Subd. 2. new text end
new text begin Nonconsensual dissemination of a deep fake. new text end
new text begin
(a) A cause of action against a
person for the nonconsensual dissemination of a deep fake exists when:
new text end
new text begin
(1) a person disseminated a deep fake without the consent of the depicted individual;
new text end
new text begin
(2) the deep fake realistically depicts any of the following:
new text end
new text begin
(i) the intimate parts of another individual presented as the intimate parts of the depicted
individual;
new text end
new text begin
(ii) artificially generated intimate parts presented as the intimate parts of the depicted
individual; or
new text end
new text begin
(iii) the depicted individual engaging in a sexual act; and
new text end
new text begin
(3) the depicted individual is identifiable:
new text end
new text begin
(i) from the deep fake itself, by the depicted individual or by another person; or
new text end
new text begin
(ii) from the personal information displayed in connection with the deep fake.
new text end
new text begin
(b) The fact that the depicted individual consented to the creation of the deep fake or to
the voluntary private transmission of the deep fake is not a defense to liability for a person
who has disseminated the deep fake without consent.
new text end
new text begin Subd. 3. new text end
new text begin Damages. new text end
new text begin
The court may award the following damages to a prevailing plaintiff
from a person found liable under subdivision 2:
new text end
new text begin
(1) general and special damages, including all finance losses due to the dissemination
of the deep fake and damages for mental anguish;
new text end
new text begin
(2) an amount equal to any profit made from the dissemination of the deep fake by the
person who intentionally disclosed the deep fake;
new text end
new text begin
(3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
new text end
new text begin
(4) court costs, fees, and reasonable attorney fees.
new text end
new text begin Subd. 4. new text end
new text begin Injunction; temporary relief. new text end
new text begin
(a) A court may issue a temporary or permanent
injunction or restraining order to prevent further harm to the plaintiff.
new text end
new text begin
(b) The court may issue a civil fine for the violation of a court order in an amount up to
$1,000 per day for failure to comply with an order granted under this section.
new text end
new text begin Subd. 5. new text end
new text begin Confidentiality. new text end
new text begin
The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
new text end
new text begin Subd. 6. new text end
new text begin Liability; exceptions. new text end
new text begin
(a) No person shall be found liable under this section
when:
new text end
new text begin
(1) the dissemination is made for the purpose of a criminal investigation or prosecution
that is otherwise lawful;
new text end
new text begin
(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful
conduct;
new text end
new text begin
(3) the dissemination is made in the course of seeking or receiving medical or mental
health treatment, and the image is protected from further dissemination;
new text end
new text begin
(4) the deep fake was obtained in a commercial setting for the purpose of the legal sale
of goods or services, including the creation of artistic products for sale or display, and the
depicted individual knew that a deep fake would be created and disseminated in a commercial
setting;
new text end
new text begin
(5) the deep fake relates to a matter of public interest and dissemination serves a lawful
public purpose and the person disseminating the deep fake as a matter of public interest
clearly identifies that the video recording, motion-picture film, sound recording, electronic
image, or photograph, or other item is a deep fake, and acts in good faith to prevent further
dissemination of the deep fake;
new text end
new text begin
(6) the dissemination is for legitimate scientific research or educational purposes and
the deep fake is clearly identified as such, and the person acts in good faith to minimize the
risk that the deep fake will be further disseminated; or
new text end
new text begin
(7) the dissemination is made for legal proceedings and is consistent with common
practice in civil proceedings necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further dissemination.
new text end
new text begin
(b) This section does not alter or amend the liabilities and protections granted by United
States Code, title 47, section 230, and shall be construed in a manner consistent with federal
law.
new text end
new text begin
(c) A cause of action arising under this section does not prevent the use of any other
cause of action or remedy available under the law.
new text end
new text begin Subd. 7. new text end
new text begin Jurisdiction. new text end
new text begin
A court has jurisdiction over a cause of action filed pursuant to
this section if the plaintiff or defendant resides in this state.
new text end
new text begin Subd. 8. new text end
new text begin Venue. new text end
new text begin
A cause of action arising under this section may be filed in either:
new text end
new text begin
(1) the county of residence of the defendant or plaintiff or in the jurisdiction of the
plaintiff's designated address if the plaintiff participates in the address confidentiality program
established by chapter 5B; or
new text end
new text begin
(2) the county where any deep fake is produced, reproduced, or stored in violation of
this section.
new text end
new text begin Subd. 9. new text end
new text begin Discovery of dissemination. new text end
new text begin
In a civil action brought under subdivision 2, the
statute of limitations is tolled until the plaintiff discovers the deep fake has been disseminated.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to
dissemination of a deep fake that takes place on or after that date.
new text end
Sec. 23.
Minnesota Statutes 2022, section 609.35, is amended to read:
609.35 COSTS OF MEDICAL EXAMINATION.
(a) Costs incurred by a deleted text begin county, city, or privatedeleted text end hospital or other emergency medical
facility or by a deleted text begin privatedeleted text end physiciannew text begin , sexual assault nurse examiner, forensic nurse, or other
licensed health care providernew text end for the examination of a victim of criminal sexual conduct
deleted text begin when the examination is performed for the purpose of gathering evidencedeleted text end new text begin that occurred in
the statenew text end shall be paid by the deleted text begin county in which the criminal sexual conduct occurreddeleted text end new text begin statenew text end .
These costs includedeleted text begin ,deleted text end but are not limited todeleted text begin ,deleted text end new text begin the new text end full cost of the deleted text begin rape kitdeleted text end new text begin medical forensicnew text end
examination, associated tests new text begin and treatments new text end relating to deleted text begin the complainant'sdeleted text end sexually transmitted
deleted text begin disease statusdeleted text end new text begin infectionnew text end , and pregnancy statusnew text begin , including emergency contraceptionnew text end .new text begin A hospital,
emergency medical facility, or health care provider shall submit the costs for examination
and any associated tests and treatment to the Office of Justice Programs for payment. Upon
receipt of the costs, the commissioner shall provide payment to the facility or health care
provider. The cost of the examination and any associated test and treatments shall not exceed
the amount of $1,400. Beginning on January 1, 2024, the maximum amount of an award
shall be adjusted annually by the inflation rate.
new text end
(b) Nothing in this section shall be construed to limit the duties, responsibilities, or
liabilities of any insurer, whether public or private. deleted text begin However, a countydeleted text end new text begin The hospital or other
licensed health care provider performing the examinationnew text end may seek insurance reimbursement
from the victim's insurer only if authorized by the victim. This authorization may only be
sought after the examination is performed. When seeking this authorization, the deleted text begin countydeleted text end new text begin
hospital or other licensed health care providernew text end shall inform the victim that if the victim does
not authorize this, the deleted text begin countydeleted text end new text begin statenew text end is required by law to pay for the examination and that
the victim is in no way liable for these costs or obligated to authorize the reimbursement.
(c) The applicability of this section does not depend upon whether the victim reports
the offense to law enforcement or the existence or status of any investigation or prosecution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, and applies to any
examination that occurs on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2022, section 611A.211, subdivision 1, is amended to read:
Subdivision 1.
Grants.
The commissioner of public safety shall award grants to programs
which provide support servicesnew text begin or emergency shelter and housing supports as defined by
section 611A.31new text end to victims of sexual assault. The commissioner shall also award grants for
training, technical assistance, and the development and implementation of education programs
to increase public awareness of the causes of sexual assault, the solutions to preventing and
ending sexual assault, and the problems faced by sexual assault victims.
Sec. 25.
Minnesota Statutes 2022, section 611A.31, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Battered womandeleted text end new text begin Domestic abuse victimnew text end .
deleted text begin "Battered woman"deleted text end new text begin "Domestic abuse
victim"new text end means a deleted text begin womandeleted text end new text begin personnew text end who is being or has been victimized by domestic abuse as
defined in section 518B.01, subdivision 2.
Sec. 26.
Minnesota Statutes 2022, section 611A.31, subdivision 3, is amended to read:
Subd. 3.
Emergency shelter services.
"Emergency shelter services" include, but are
not limited to, secure crisis shelters for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end and housing
networks for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end .
Sec. 27.
Minnesota Statutes 2022, section 611A.31, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Housing supports. new text end
new text begin
"Housing supports" means services and supports used to
enable victims to secure and maintain transitional and permanent housing placement. Housing
supports include but are not limited to rental assistance and financial assistance to maintain
housing stability. Transitional housing placements may take place in communal living,
clustered site or scattered site programs, or other transitional housing models.
new text end
Sec. 28.
Minnesota Statutes 2022, section 611A.32, is amended to read:
611A.32 deleted text begin BATTERED WOMENdeleted text end new text begin DOMESTIC ABUSEnew text end PROGRAMS.
Subdivision 1.
Grants awarded.
The commissioner shall award grants to programs
which provide emergency shelter services deleted text begin to battered womendeleted text end new text begin , housing supports,new text end and support
services to deleted text begin battered women anddeleted text end domestic abuse victims and their children. The commissioner
shall also award grants for training, technical assistance, and for the development and
implementation of education programs to increase public awareness of the causes of deleted text begin batteringdeleted text end new text begin
domestic abusenew text end , the solutions to preventing and ending domestic violence, and the problems
faced by deleted text begin battered women anddeleted text end domestic abuse victims. Grants shall be awarded in a manner
that ensures that they are equitably distributed to programs serving metropolitan and
nonmetropolitan populations. deleted text begin By July 1, 1995, community-based domestic abuse advocacy
and support services programs must be established in every judicial assignment district.
deleted text end
Subd. 1a.
Program for American Indian deleted text begin womendeleted text end new text begin domestic abuse victimsnew text end .
The
commissioner shall establish at least one program under this section to provide emergency
shelter services and support services to deleted text begin battereddeleted text end American Indian deleted text begin womendeleted text end new text begin domestic abuse
victims and their childrennew text end . The commissioner shall grant continuing operating expenses to
the program established under this subdivision in the same manner as operating expenses
are granted to programs established under subdivision 1.
Subd. 2.
Applications.
Any public or private nonprofit agency may apply to the
commissioner for a grant to provide emergency shelter services deleted text begin to battered womendeleted text end ,new text begin housing
supports,new text end support servicesnew text begin , and one or more of these services and supportsnew text end to domestic abuse
victimsdeleted text begin , or both, to battered womendeleted text end and their children. The application shall be submitted
in a form approved by the commissioner by rule adopted under chapter 14 and shall include:
(1) a proposal for the provision of emergency shelter services deleted text begin for battered womendeleted text end ,new text begin
housing supports,new text end support servicesnew text begin , and one or more of these services and supportsnew text end for
domestic abuse victimsdeleted text begin , or both, for battered womendeleted text end and their children;
(2) a proposed budget;
(3) the agency's overall operating budget, including documentation on the retention of
financial reserves and availability of additional funding sources;
(4) evidence of an ability to integrate into the proposed program the uniform method of
data collection and program evaluation established under section 611A.33;
(5) evidence of an ability to represent the interests of deleted text begin battered women anddeleted text end domestic
abuse victims and their children to local law enforcement agencies and courts, county welfare
agencies, and local boards or departments of health;
(6) evidence of an ability to do outreach to unserved and underserved populations and
to provide culturally and linguistically appropriate services; and
(7) any other content the commissioner may require by rule adopted under chapter 14deleted text begin ,
after considering the recommendations of the advisory councildeleted text end .
Programs which have been approved for grants in prior years may submit materials
which indicate changes in items listed in clauses (1) to (7), in order to qualify for renewal
funding. Nothing in this subdivision may be construed to require programs to submit
complete applications for each year of renewal funding.
Subd. 3.
Duties of grantees.
Every public or private nonprofit agency which receives
a grant to provide emergency shelter services deleted text begin to battered women anddeleted text end new text begin , housing supports, ornew text end
support services to deleted text begin battered women anddeleted text end domestic abuse victims shall comply with all rules
of the commissioner related to the administration of the deleted text begin pilotdeleted text end programs.
Subd. 5.
Classification of data collected by grantees.
Personal history information and
other information collected, used or maintained by a grantee from which the identity or
location of any victim of domestic abuse may be determined is private data on individuals,
as defined in section 13.02, subdivision 12, and the grantee shall maintain the data in
accordance with the provisions of chapter 13.
Sec. 29. new text begin RULES; SOFT BODY ARMOR REIMBURSEMENT.
new text end
new text begin
The commissioner of public safety shall amend rules adopted under Minnesota Statutes,
section 299A.38, subdivision 4, to reflect the soft body armor reimbursement for public
safety officers under that section.
new text end
Sec. 30. new text begin GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT FOR
INFORMATION ON MISSING AND MURDERED INDIGENOUS RELATIVES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "Gaagige-Mikwendaagoziwag" means "they will be remembered forever";
new text end
new text begin
(2) "missing and murdered Indigenous relatives" means missing and murdered Indigenous
people from or descended from a federally recognized Indian Tribe; and
new text end
new text begin
(3) "Two-Spirit" means cultural, spiritual, sexual, and gender identity as reflected in
complex Indigenous understandings of gender roles, spirituality, and the long history of
gender diversity in Indigenous cultures.
new text end
new text begin Subd. 2. new text end
new text begin Account created. new text end
new text begin
An account for rewards for information on missing and
murdered Indigenous women, girls, boys, and Two-Spirit relatives is created in the special
revenue fund. Money deposited into the account is appropriated to the commissioner of
public safety to pay rewards and for the purposes provided under this section.
new text end
new text begin Subd. 3. new text end
new text begin Reward. new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the Gaagige-Mikwendaagoziwag reward advisory group:
new text end
new text begin
(1) shall determine the eligibility criteria and procedures for granting rewards under this
section; and
new text end
new text begin
(2) is authorized to pay a reward to any person who provides relevant information relating
to a missing and murdered Indigenous woman, girl, boy, and Two-Spirit relative
investigation.
new text end
new text begin Subd. 4. new text end
new text begin Reward advisory group. new text end
new text begin
(a) The director of the Office for Missing and
Murdered Indigenous Relatives, in consultation with the stakeholder groups described in
Minnesota Statutes, section 299A.85, subdivision 5, shall appoint an advisory group to make
recommendations on:
new text end
new text begin
(1) paying rewards under this section;
new text end
new text begin
(2) supporting community-based efforts through funding community-led searches and
search kits, including but not limited to global position system devices and vests;
community-led communications, including but not limited to flyers, staples, and duct tape;
and other justice-related expenses;
new text end
new text begin
(3) funding for community-led communications and outreach, including but not limited
to billboards and other media-related expenses;
new text end
new text begin
(4) funding activities and programs to gather information on missing and murdered
Indigenous women, girls, boys, and Two-Spirit relatives and to partner with and support
community-led efforts;
new text end
new text begin
(5) developing, implementing, and coordinating prevention and awareness programming
based on best practices and data-driven research; and
new text end
new text begin
(6) any other funding activities and needs.
new text end
new text begin
(b) The advisory group shall consist of the following individuals:
new text end
new text begin
(1) a representative from the Office for Missing and Murdered Indigenous Relatives;
new text end
new text begin
(2) a representative from a Tribal, statewide, or local organization that provides legal
services to Indigenous women and girls;
new text end
new text begin
(3) a representative from a Tribal, statewide, or local organization that provides advocacy
or counseling for Indigenous women and girls who have been victims of violence;
new text end
new text begin
(4) a representative from a Tribal, statewide, or local organization that provides services
to Indigenous women and girls;
new text end
new text begin
(5) a Tribal peace officer who works for or resides on a federally recognized American
Indian reservation in Minnesota;
new text end
new text begin
(6) a representative from the Minnesota Human Trafficking Task Force; and
new text end
new text begin
(7) a survivor or family member of a missing and murdered Indigenous woman, girl,
boy, or Two-Spirit relative.
new text end
new text begin
(c) Each member shall serve as long as the member occupies the position which made
the member eligible for the appointment. Vacancies shall be filled by the appointing authority.
new text end
new text begin
(d) The advisory group shall meet as necessary but at a minimum twice per year to carry
out its duties and shall elect a chair from among its members at its first meeting. The director
shall convene the group's first meeting. The director shall provide necessary office space
and administrative support to the group. Members of the group serve without compensation
but shall receive expense reimbursement as provided in Minnesota Statutes, section 15.059.
new text end
new text begin
(e) The representative from the Office for Missing and Murdered Indigenous Relatives
may fully participate in the advisory group's activities but may not vote on issues before
the group.
new text end
new text begin Subd. 5. new text end
new text begin Advertising. new text end
new text begin
The director of the Office for Missing and Murdered Indigenous
Relatives, in consultation with the reward advisory group, may spend up to four percent of
available funds on an advertising or public relations campaign to increase public awareness
on the availability of rewards under this section.
new text end
new text begin Subd. 6. new text end
new text begin Grants; donations. new text end
new text begin
The director of the Office for Missing and Murdered
Indigenous Relatives, in consultation with the reward advisory group, may apply for and
accept grants and donations from the public and from public and private entities to implement
this section. The commissioner of public safety shall deposit any grants or donations received
under this subdivision into the account established under subdivision 1.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
This section expires on June 30, 2025.
new text end
Sec. 31. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 299C.80, subdivision 7,
new text end
new text begin
is repealed.
new text end
ARTICLE 7
SENTENCING
Section 1.
Minnesota Statutes 2022, section 244.09, subdivision 2, is amended to read:
Subd. 2.
Members.
The Sentencing Guidelines Commission shall consist of the
following:
(1) the chief justice of the supreme court or a designee;
(2) one judge of the court of appeals, appointed by the chief deleted text begin justice of the supreme courtdeleted text end new text begin
judge of the appellate courtnew text end ;
(3) one district court judge appointed by the deleted text begin chief justice of the supreme courtdeleted text end new text begin Judicial
Council upon recommendation of the Minnesota District Judges Associationnew text end ;
(4) one public defender appointed by the governor upon recommendation of the state
public defender;
(5) one county attorney appointed by the governor upon recommendation of the board
of directors of the Minnesota County Attorneys Association;
(6) the commissioner of corrections or a designee;
(7) one peace officer as defined in section 626.84 appointed by the governor;
(8) one probation officer or deleted text begin paroledeleted text end new text begin supervised releasenew text end officer appointed by the governor;
deleted text begin and
deleted text end
(9) new text begin one person who works for an organization that provides treatment or rehabilitative
services for individuals convicted of felony offenses appointed by the governor;
new text end
new text begin
(10) one person who is an academic with a background in criminal justice or corrections
appointed by the governor; and
new text end
new text begin (11) new text end three public members appointed by the governor, one of whom shall be a new text begin person
who has been the new text end victim of a crime defined as a felonynew text begin or a victims' advocate, and one of
whom shall be a person who has been formerly convicted of and discharged from a
felony-level sentencenew text end .
When an appointing authority selects individuals for membership on the commission,
the authority shall make reasonable efforts to appoint qualified members of protected groups,
as defined in section 43A.02, subdivision 33.
One of the members shall be designated by the governor as chair of the commission.
Sec. 2.
Minnesota Statutes 2022, section 244.09, subdivision 3, is amended to read:
Subd. 3.
Appointment terms.
new text begin (a) Except as provided in paragraph (b), new text end each appointed
member shall be appointed for four years and shall continue to serve during that time as
long as the member occupies the position which made the member eligible for the
appointment. Each member shall continue in office until a successor is duly appointed.
Members shall be eligible for reappointment, and appointment may be made to fill an
unexpired term.
new text begin (b) new text end The term of any member appointed or reappointed by the governor before the first
Monday in January deleted text begin 1991deleted text end new text begin 2027new text end expires on that date. deleted text begin The term of any member appointed or
reappointed by the governor after the first Monday in January 1991 is coterminous with the
governor.deleted text end new text begin The terms of members appointed or reappointed by the governor to fill the
vacancies that occur on the first Monday in January 2027 shall be staggered so that five
members shall be appointed for initial terms of four years and four members shall be
appointed for initial terms of two years.
new text end
new text begin (c) new text end The members of the commission shall elect any additional officers necessary for the
efficient discharge of their duties.
Sec. 3.
Minnesota Statutes 2022, section 244.09, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Report on sentencing adjustments. new text end
new text begin
The Sentencing Guidelines Commission
shall include in its annual report to the legislature a summary and analysis of sentence
adjustments issued under section 609.133. At a minimum, the summary and analysis must
include information on the counties where a sentencing adjustment was granted and on the
race, sex, and age of individuals who received a sentence adjustment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:
Subd. 2.
Felony.
"Felony" means a crime for which a sentence of imprisonment for
deleted text begin more thandeleted text end one year new text begin or more new text end may be imposed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2022, section 609.03, is amended to read:
609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the
person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than deleted text begin one yeardeleted text end new text begin
364 daysnew text end or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified
term of not more than six months if the fine is not paid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence on or after that date and
retroactively to offenders who received a gross misdemeanor sentence before that date.
new text end
Sec. 6.
new text begin
[609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
new text end
new text begin
(a) Any law of this state that provides for a maximum sentence of imprisonment of one
year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine
of $3,000 and a maximum sentence of imprisonment of 364 days.
new text end
new text begin
(b) Any sentence of imprisonment for one year or 365 days imposed or executed before
July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may
at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the
Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of
any eligible defendant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence on or after that date and
retroactively to offenders who received a gross misdemeanor sentence before that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:
Subdivision 1.
Sentence to deleted text begin more thandeleted text end one yearnew text begin or morenew text end .
A felony sentence to
imprisonment for deleted text begin more thandeleted text end one year new text begin or more new text end shall commit the defendant to the custody of
the commissioner of corrections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:
Subd. 3.
Sentence to new text begin less than new text end one year deleted text begin or lessdeleted text end .
A sentence to imprisonment for a period
of new text begin less than new text end one year deleted text begin or any lesser perioddeleted text end shall be to a workhouse, work farm, county jail,
or other place authorized by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2022, section 609.1055, is amended to read:
609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS;
ALTERNATIVE PLACEMENT.
When a court intends to commit an offender with a serious and persistent mental illness,
as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the
commissioner of corrections for imprisonment at a state correctional facility, either when
initially pronouncing a sentence or when revoking an offender's probation, the court, when
consistent with public safety, may instead place the offender on probation or continue the
offender's probation and require as a condition of the probation that the offender successfully
complete an appropriate supervised alternative living program having a mental health
treatment component. This section applies only to offenders who would have a remaining
term of imprisonment after adjusting for credit for prior imprisonment, if any, of deleted text begin more thandeleted text end
one yearnew text begin or morenew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
new text begin
[609.133] SENTENCE ADJUSTMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "prosecutor" means the attorney general, county attorney, or city attorney responsible
for the prosecution of individuals charged with a crime; and
new text end
new text begin
(2) "victim" has the meaning given in section 611A.01.
new text end
new text begin Subd. 2. new text end
new text begin Prosecutor-initiated sentence adjustment. new text end
new text begin
The prosecutor responsible for
the prosecution of an individual convicted of a crime may commence a proceeding to adjust
the sentence of that individual at any time after the initial sentencing provided the prosecutor
does not seek to increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
new text end
new text begin Subd. 3. new text end
new text begin Review by prosecutor. new text end
new text begin
(a) A prosecutor may review individual cases at the
prosecutor's discretion.
new text end
new text begin
(b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and
good faith effort to seek input from any identifiable victim and shall consider the impact
an adjusted sentence would have on the victim.
new text end
new text begin
(c) The commissioner of corrections, a supervising agent, or an offender may request
that a prosecutor review an individual case. A prosecutor is not required to respond to a
request. Inaction by a prosecutor shall not be considered by any court as grounds for an
offender, a supervising agent, or the commissioner of corrections to petition for a sentence
adjustment under this section or for a court to adjust a sentence without a petition.
new text end
new text begin Subd. 4. new text end
new text begin Petition; contents; fee. new text end
new text begin
(a) A prosecutor's petition for sentence adjustment
shall be filed in the district court where the individual was convicted and include the
following:
new text end
new text begin
(1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;
new text end
new text begin
(2) the individual's date of birth;
new text end
new text begin
(3) the individual's address;
new text end
new text begin
(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;
new text end
new text begin
(5) the details of the offense for which an adjustment is sought, including:
new text end
new text begin
(i) the date and jurisdiction of the occurrence;
new text end
new text begin
(ii) either the names of any victims or that there were no identifiable victims;
new text end
new text begin
(iii) whether there is a current order for protection, restraining order, or other no contact
order prohibiting the individual from contacting the victims or whether there has ever been
a prior order for protection or restraining order prohibiting the individual from contacting
the victims;
new text end
new text begin
(iv) the court file number; and
new text end
new text begin
(v) the date of conviction;
new text end
new text begin
(6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional facilities, or
other personal history that demonstrates rehabilitation;
new text end
new text begin
(7) the individual's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which an adjustment is sought;
new text end
new text begin
(8) the individual's criminal charges record indicating all prior and pending criminal
charges against the individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or were the subject
of pretrial diversion; and
new text end
new text begin
(9) to the extent known, all prior requests by the individual, whether for the present
offense or for any other offenses in this state or any other state or federal court, for pardon,
return of arrest records, or expungement or sealing of a criminal record, whether granted
or not, and all stays of adjudication or imposition of sentence involving the petitioner.
new text end
new text begin
(b) The filing fee for a petition brought under this section shall be waived.
new text end
new text begin Subd. 5. new text end
new text begin Service of petition. new text end
new text begin
(a) The prosecutor shall serve the petition for sentence
adjustment on the individual on whose behalf the petition is being brought.
new text end
new text begin
(b) The prosecutor shall make a good faith and reasonable effort to notify any person
determined to be a victim of the offense for which adjustment is sought of the existence of
a petition. Notification under this paragraph does not constitute a violation of an existing
order for protection, restraining order, or other no contact order.
new text end
new text begin
(c) Notice to victims of the offense under this subdivision must:
new text end
new text begin
(1) specifically inform the victim of the right to object, orally or in writing, to the
proposed adjustment of sentence; and
new text end
new text begin
(2) inform the victims of the right to be present and to submit an oral or written statement
at the hearing described in subdivision 6.
new text end
new text begin
(d) If a victim notifies the prosecutor of an objection to the proposed adjustment of
sentence and is not present when the court considers the sentence adjustment, the prosecutor
shall make these objections known to the court.
new text end
new text begin Subd. 6. new text end
new text begin Hearing. new text end
new text begin
(a) The court shall hold a hearing on the petition no sooner than 60
days after service of the petition. The hearing shall be scheduled so that the parties have
adequate time to prepare and present arguments regarding the issue of sentence adjustment.
The parties may submit written arguments to the court prior to the date of the hearing and
may make oral arguments before the court at the hearing. The individual on whose behalf
the petition has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end
new text begin
(b) A victim of the offense for which sentence adjustment is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing the harm
suffered by the victim as a result of the crime and the victim's recommendation on whether
adjustment should be granted or denied. The judge shall consider the victim's statement
when making a decision.
new text end
new text begin
(c) Representatives of the Department of Corrections, supervising agents, community
treatment providers, and any other individual with relevant information may submit an oral
or written statement to the court at the time of the hearing.
new text end
new text begin Subd. 7. new text end
new text begin Nature of remedy; standard. new text end
new text begin
(a) The court shall determine whether there are
substantial and compelling reasons to adjust the individual's sentence. In making this
determination, the court shall consider what impact, if any, a sentence adjustment would
have on public safety, including whether an adjustment would promote the rehabilitation
of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
disparities. In making this determination, the court may consider factors relating to both the
offender and the offense, including but not limited to:
new text end
new text begin
(1) the presentence investigation report used at sentencing, if available;
new text end
new text begin
(2) the individual's performance on probation or supervision;
new text end
new text begin
(3) the individual's disciplinary record during any period of incarceration;
new text end
new text begin
(4) records of any rehabilitation efforts made by the individual since the date of offense
and any plan to continue those efforts in the community;
new text end
new text begin
(5) evidence that remorse, age, diminished physical condition, or any other factor has
significantly reduced the likelihood that the individual will commit a future offense;
new text end
new text begin
(6) the amount of time the individual has served in custody or under supervision; and
new text end
new text begin
(7) significant changes in law or sentencing practice since the date of offense.
new text end
new text begin
(b) Notwithstanding any law to the contrary, if the court determines by a preponderance
of the evidence that there are substantial and compelling reasons to adjust the individual's
sentence, the court may modify the sentence in any way provided the adjustment does not:
new text end
new text begin
(1) increase the period of confinement or, if the individual is serving a stayed sentence,
increase the period of supervision;
new text end
new text begin
(2) reduce or eliminate the amount of court-ordered restitution; or
new text end
new text begin
(3) reduce or eliminate a term of conditional release required by law when a court
commits an offender to the custody of the commissioner of corrections.
new text end
new text begin
The court may stay imposition or execution of sentence pursuant to section 609.135.
new text end
new text begin
(c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
a judgment of conviction for a different offense, or impose sentence for any other offense.
new text end
new text begin
(d) The court shall state in writing or on the record the reasons for its decision on the
petition. If the court grants a sentence adjustment, the court shall provide the information
in section 244.09, subdivision 15, to the Sentencing Guidelines Commission.
new text end
new text begin Subd. 8. new text end
new text begin Appeals. new text end
new text begin
An order issued under this section shall not be considered a final
judgment, but shall be treated as an order imposing or staying a sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.135, subdivision 1a, is amended to read:
Subd. 1a.
Failure to pay restitution.
If the court orders payment of restitution as a
condition of probation and if the defendant fails to pay the restitution in accordance with
the payment schedule or structure established by the court or the probation officer, the
prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to determine whether
or not the conditions of probation should be changed or probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution ordered has not been
paid prior to 60 days before the term of probation expires. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph
deleted text begin (g)deleted text end new text begin (h)new text end , before the defendant's term of probation expires.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104 when a defendant fails to pay court-ordered restitution.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 12.
Minnesota Statutes 2022, section 609.135, subdivision 1c, is amended to read:
Subd. 1c.
Failure to complete court-ordered treatment.
If the court orders a defendant
to undergo treatment as a condition of probation and if the defendant fails to successfully
complete treatment at least 60 days before the term of probation expires, the prosecutor or
the defendant's probation officer may ask the court to hold a hearing to determine whether
the conditions of probation should be changed or probation should be revoked. The court
shall schedule and hold this hearing and take appropriate action, including action under
subdivision 2, paragraph deleted text begin (h)deleted text end new text begin (i)new text end , before the defendant's term of probation expires.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 13.
Minnesota Statutes 2022, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) new text begin Except as provided in paragraph (b),
new text end if the conviction is for a felony deleted text begin other than section 609.2113, subdivision 1 or 2, 609.2114,
subdivision 2, or section 609.3451, subdivision 1 or 1a, or Minnesota Statutes 2012, section
609.21, subdivision 1a, paragraph (b) or (c)deleted text end , the stay shall be for not more than deleted text begin fourdeleted text end new text begin fivenew text end
years or the maximum period for which the sentence of imprisonment might have been
imposed, whichever is deleted text begin longerdeleted text end new text begin lessnew text end .
new text begin
(b) If the conviction is for a felony described in section 609.19, 609.195, 609.20,
609.2112, 609.2662, 609.2663, 609.2664, 609.268, 609.342, 609.343, 609.344, 609.345,
609.3451, 609.3458, or 609.749, the stay shall be for not more than the maximum period
for which the sentence of imprisonment might have been imposed.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end If the conviction is for a gross misdemeanor violation of section 169A.20,
609.2113, subdivision 3, or 609.3451, deleted text begin or for a felony described in section 609.2113,
subdivision 1 or 2, 609.2114, subdivision 2, or 609.3451, subdivision 1 or 1a,deleted text end the stay shall
be for not more than deleted text begin sixdeleted text end new text begin fivenew text end years. The court shall provide for unsupervised probation for
the last year of the stay unless the court finds that the defendant needs supervised probation
for all or part of the last year.
deleted text begin (c)deleted text end new text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph deleted text begin (b)deleted text end new text begin (c)new text end ,
the stay shall be for not more than two years.
deleted text begin (d)deleted text end new text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224,
subdivision 1, in which the victim of the crime was a family or household member as defined
in section 518B.01, the stay shall be for not more than two years. The court shall provide
for unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
deleted text begin (e)deleted text end new text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , the stay
shall be for not more than one year.
deleted text begin (f)deleted text end new text begin (g)new text end The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph deleted text begin (g)deleted text end new text begin (h)new text end , or the defendant has
already been discharged.
deleted text begin (g)deleted text end new text begin (h)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.
deleted text begin (h)deleted text end new text begin (i)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to sentences
announced on or after that date.
new text end
Sec. 14. new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER;
RETROACTIVE APPLICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
Any person convicted of a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and in the
custody of the commissioner of corrections or under court supervision is entitled to petition
to have the person's conviction vacated pursuant to this section.
new text end
new text begin Subd. 2. new text end
new text begin Notification. new text end
new text begin
(a) By October 1, 2023, the commissioner of corrections shall
notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary
application for relief if:
new text end
new text begin
(1) the person was convicted for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), and did not actually cause the death of a human being or
intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with
the intent to cause the death of a human being; or
new text end
new text begin
(2) the person was convicted for a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), and did not actually cause the death of a human being or was not
a major participant in the underlying felony who acted with extreme indifference to human
life.
new text end
new text begin
(b) The notice shall include the address of the Ramsey County District Court court
administration.
new text end
new text begin
(c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end
new text begin Subd. 3. new text end
new text begin Preliminary application. new text end
new text begin
(a) An applicant shall submit a preliminary application
to the Ramsey County District Court. The preliminary application must contain:
new text end
new text begin
(1) the applicant's name and, if different, the name under which the person was convicted;
new text end
new text begin
(2) the applicant's date of birth;
new text end
new text begin
(3) the district court case number of the case for which the person is seeking relief;
new text end
new text begin
(4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end
new text begin
(5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end
new text begin
(6) a brief statement, not to exceed 2,000 words, explaining why the applicant is entitled
to relief from a conviction for the death of a human being caused by another; and
new text end
new text begin
(7) the name and address of any attorney representing the applicant.
new text end
new text begin
(b) The preliminary application may contain:
new text end
new text begin
(1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end
new text begin
(2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end
new text begin
(c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end
new text begin
(d) Any person seeking relief under this section must submit a preliminary application
no later than October 1, 2024. Submission is complete upon mailing.
new text end
new text begin
(e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end
new text begin Subd. 4. new text end
new text begin Review of preliminary application. new text end
new text begin
(a) Upon receipt of a preliminary
application, the court administrator of the Ramsey County District Court shall immediately
direct attention of the filing thereof to the chief judge or judge acting on the chief judge's
behalf who shall promptly assign the matter to a judge in said district.
new text end
new text begin
(b) The judicial branch may appoint a special master to review preliminary applications
and may assign additional staff as needed to assist in the review of preliminary applications.
new text end
new text begin
(c) The reviewing judge shall determine whether, in the discretion of that judge, there
is a reasonable probability that the applicant is entitled to relief under this section.
new text end
new text begin
(d) In making the determination under paragraph (c), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application
and may consider relevant records in the possession of the judicial branch.
new text end
new text begin
(e) The court may summarily deny an application when the applicant is not in the custody
of the commissioner of corrections or under court supervision; the applicant was not
convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3),
or 609.19, subdivision 2, clause (1), before August 1, 2023; the issues raised in the application
are not relevant to the relief available under this section or have previously been decided
by the court of appeals or the supreme court in the same case; or the applicant has filed a
second or successive preliminary application.
new text end
new text begin
(f) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
the event the applicant is without counsel, the reviewing judge shall send notice to the state
public defender and shall advise the applicant of such referral.
new text end
new text begin
(g) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any.
new text end
new text begin Subd. 5. new text end
new text begin Petition for relief; hearing. new text end
new text begin
(a) Within 60 days of receipt of the notice sent
pursuant to subdivision 4, paragraph (f), the individual seeking relief shall file and serve a
petition to vacate the conviction. The petition shall contain the information identified in
subdivision 3, paragraph (a), and a statement of why the petitioner is entitled to relief. The
petition may contain any other relevant information including police reports, trial transcripts,
and plea transcripts involving the petitioner or any other person investigated for, charged
with, or convicted of a crime arising out of the same set of circumstances for which the
petitioner was convicted. The filing of the petition and any document subsequent thereto
and all proceedings thereon shall be without costs or any fees charged to the petitioner.
new text end
new text begin
(b) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 30 days after the filing of the petition pursuant to paragraph
(a), unless extended for good cause. The response shall be filed with the court administrator
of the district court and served on the petitioner if unrepresented or on the petitioner's
attorney. The response may serve notice of the intent to support the petition or include a
statement explaining why the petitioner is not entitled to relief along with any supporting
documents. The filing of the response and any document subsequent thereto and all
proceedings thereon shall be without costs or any fees charged to the county attorney.
new text end
new text begin
(c) Within 30 days of receipt of the response from the county attorney, the court shall:
new text end
new text begin
(1) issue an order pursuant to subdivision 6 and schedule the matter for sentencing or
resentencing pursuant to subdivision 6, paragraph (e), if the county attorney indicates an
intent to support the petition;
new text end
new text begin
(2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section; or
new text end
new text begin
(3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end
new text begin
(d) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end
new text begin Subd. 6. new text end
new text begin Determination; order; resentencing. new text end
new text begin
(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.
new text end
new text begin
(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) was not a major participant in the underlying felony and did not act with extreme
indifference to human life.
new text end
new text begin
(c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If the court determines that the petitioner is entitled to
relief, the court shall issue an order vacating the conviction for a violation of Minnesota
Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1),
and either:
new text end
new text begin
(1) resentence the petitioner for any other offense for which the petitioner was convicted;
or
new text end
new text begin
(2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court.
new text end
new text begin
(d) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end
new text begin
(e) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's period of confinement or, if the petitioner was
serving a stayed sentence, increase the period of supervision. A person resentenced under
this paragraph is entitled to credit for time served in connection with the vacated offense.
new text end
new text begin
(f) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 15. new text begin PROBATION LIMITS; RETROACTIVE APPLICATION.
new text end
new text begin
(a) Any person placed on probation before August 1, 2023, is eligible for resentencing
if:
new text end
new text begin
(1) the person was placed on probation for a felony violation;
new text end
new text begin
(2) the court placed the person on probation for a length of time that exceeded five years;
new text end
new text begin
(3) under Minnesota Statutes, section 609.135, subdivision 2, the maximum length of
probation the court could have ordered the person to serve on or after August 1, 2023, is
five years; and
new text end
new text begin
(4) the sentence of imprisonment has not been executed.
new text end
new text begin
(b) Eligibility for resentencing within the maximum length of probation the court could
have ordered the person to serve on or after August 1, 2023, applies to each period of
probation ordered by the court. Upon resentencing, periods of probation must be served
consecutively if a court previously imposed consecutive periods of probation on the person.
The court may not increase a previously ordered period of probation under this section or
order that periods of probation be served consecutively unless the court previously imposed
consecutive periods of probation.
new text end
new text begin
(c) Resentencing may take place without a hearing.
new text end
new text begin
(d) The term of the stay of probation for any person who is eligible for resentencing
under paragraph (a) and who has served five or more years of probation as of August 1,
2023, shall be considered to have expired on October 1, 2023, unless:
new text end
new text begin
(1) the term of the stay of probation would have expired before that date under the
original sentence; or
new text end
new text begin
(2) the length of probation is extended pursuant to Minnesota Statutes, section 609.135,
subdivision 2, paragraph (h) or (i).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to sentences
announced before that date.
new text end
Sec. 16. new text begin SENTENCING GUIDELINES COMMISSION; MODIFICATION.
new text end
new text begin
The Sentencing Guidelines Commission shall modify the Sentencing Guidelines to be
consistent with changes to Minnesota Statutes, section 609.135, subdivision 2, governing
the maximum length of probation a court may order.
new text end
Sec. 17. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year"
consistent with the change in this act. The revisor shall also make other technical changes
resulting from the change of term to the statutory language if necessary to preserve the
meaning of the text.
new text end
ARTICLE 8
EXPUNGEMENT
Section 1.
Minnesota Statutes 2022, section 13.871, subdivision 14, is amended to read:
Subd. 14.
Expungement petitions.
new text begin (a) new text end Provisions regarding the classification and sharing
of data contained in a petition for expungement of a criminal record are included in section
609A.03.
new text begin
(b) Provisions regarding the classification and sharing of data related to automatic
expungements are included in sections 299C.097 and 609A.015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read:
Subdivision 1.
Deferring prosecution for certain first time drug offenders.
(a) A
court may defer prosecution as provided in paragraph (c) for any person found guilty, after
trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024,
subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d),
for possession of a controlled substance, who:
(1) has not previously participated in or completed a diversion program authorized under
section 401.065;
(2) has not previously been placed on probation without a judgment of guilty and
thereafter been discharged from probation under this section; and
(3) has not been convicted of a felony violation of this chapter, including a felony-level
attempt or conspiracy, or been convicted by the United States or another state of a similar
offense that would have been a felony under this chapter if committed in Minnesota, unless
ten years have elapsed since discharge from sentence.
(b) The court must defer prosecution as provided in paragraph (c) for any person found
guilty of a violation of section 152.025, subdivision 2, who:
(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
(2) has not previously been convicted of a felony offense under any state or federal law
or of a gross misdemeanor under section 152.025.
(c) In granting relief under this section, the court shall, without entering a judgment of
guilty and with the consent of the person, defer further proceedings and place the person
on probation upon such reasonable conditions as it may require and for a period, not to
exceed the maximum sentence provided for the violation. The court may give the person
the opportunity to attend and participate in an appropriate program of education regarding
the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation
of a condition of the probation, the court may enter an adjudication of guilt and proceed as
otherwise provided. The court may, in its discretion, dismiss the proceedings against the
person and discharge the person from probation before the expiration of the maximum
period prescribed for the person's probation. If during the period of probation the person
does not violate any of the conditions of the probation, then upon expiration of the period
the court shall discharge the person and dismiss the proceedings against that person.
Discharge and dismissal under this subdivision shall be without court adjudication of guilt,
but a not public record of it shall be retained by the Bureau of Criminal Apprehension for
the purpose of use by the courts in determining the merits of subsequent proceedings against
the person. The not public record may also be opened only upon court order for purposes
of a criminal investigation, prosecution, or sentencing. new text begin Upon receipt of notice that the
proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting
or citing law enforcement agency and direct that agency to seal its records related to the
charge. new text end Upon request by law enforcement, prosecution, or corrections authorities, the bureau
shall notify the requesting party of the existence of the not public record and the right to
seek a court order to open it pursuant to this section. The court shall forward a record of
any discharge and dismissal under this subdivision to the bureau which shall make and
maintain the not public record of it as provided under this subdivision. The discharge or
dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in section 13.02,
subdivision 8a.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 181.981, subdivision 1, is amended to read:
Subdivision 1.
Limitation on admissibility of criminal history.
Information regarding
a criminal history record of an employee or former employee may not be introduced as
evidence in a civil action against a private employer or its employees or agents that is based
on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree
of risk than that created by the employee or former employee interacting with the public
outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of the act giving rise to the civil actiondeleted text begin ,deleted text end new text begin :
new text end
new text begin (i)new text end a court order sealed any record of the criminal casenew text begin ;
new text end
new text begin (ii) any record of the criminal case was sealed as the result of an automatic expungement,
including but not limited to a grant of expungement made pursuant to section 609A.015;new text end
or
new text begin (iii)new text end the employee or former employee received a pardon;
(3) the record is of an arrest or charge that did not result in a criminal conviction; or
(4) the action is based solely upon the employer's compliance with section 364.021.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read:
Subdivision 1.
Background studies conducted by Department of Human Services.
(a)
For a background study conducted by the Department of Human Services, the commissioner
shall review:
(1) information related to names of substantiated perpetrators of maltreatment of
vulnerable adults that has been received by the commissioner as required under section
626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed
programs, and from findings of maltreatment of minors as indicated through the social
service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed
in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension, including information
regarding a background study subject's registration in Minnesota as a predatory offender
under section 243.166;
(5) except as provided in clause (6), information received as a result of submission of
fingerprints for a national criminal history record check, as defined in section 245C.02,
subdivision 13c, when the commissioner has reasonable cause for a national criminal history
record check as defined under section 245C.02, subdivision 15a, or as required under section
144.057, subdivision 1, clause (2);
(6) for a background study related to a child foster family setting application for licensure,
foster residence settings, children's residential facilities, a transfer of permanent legal and
physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a
background study required for family child care, certified license-exempt child care, child
care centers, and legal nonlicensed child care authorized under chapter 119B, the
commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the
background study subject has resided for the past five years;
(ii) when the background study subject is 18 years of age or older, or a minor under
section 245C.05, subdivision 5a, paragraph (c), information received following submission
of fingerprints for a national criminal history record check; and
(iii) when the background study subject is 18 years of age or older or a minor under
section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified
license-exempt child care, licensed child care centers, and legal nonlicensed child care
authorized under chapter 119B, information obtained using non-fingerprint-based data
including information from the criminal and sex offender registries for any state in which
the background study subject resided for the past five years and information from the national
crime information database and the national sex offender registry; and
(7) for a background study required for family child care, certified license-exempt child
care centers, licensed child care centers, and legal nonlicensed child care authorized under
chapter 119B, the background study shall also include, to the extent practicable, a name
and date-of-birth search of the National Sex Offender Public website.
(b) Notwithstanding expungement by a court, the commissioner may consider information
obtained under paragraph (a), clauses (3) and (4), unlessnew text begin :
new text end
new text begin (1)new text end the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissionernew text begin ; or
new text end
new text begin (2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissionernew text end .
(c) The commissioner shall also review criminal case information received according
to section 245C.04, subdivision 4a, from the Minnesota court information system that relates
to individuals who have already been studied under this chapter and who remain affiliated
with the agency that initiated the background study.
(d) When the commissioner has reasonable cause to believe that the identity of a
background study subject is uncertain, the commissioner may require the subject to provide
a set of classifiable fingerprints for purposes of completing a fingerprint-based record check
with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph
shall not be saved by the commissioner after they have been used to verify the identity of
the background study subject against the particular criminal record in question.
(e) The commissioner may inform the entity that initiated a background study under
NETStudy 2.0 of the status of processing of the subject's fingerprints.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 245C.08, subdivision 2, is amended to read:
Subd. 2.
Background studies conducted by a county agency for family child care.
(a)
Before the implementation of NETStudy 2.0, for a background study conducted by a county
agency for family child care services, the commissioner shall review:
(1) information from the county agency's record of substantiated maltreatment of adults
and the maltreatment of minors;
(2) information from juvenile courts as required in subdivision 4 for:
(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13
through 23 living in the household where the licensed services will be provided; and
(ii) any other individual listed under section 245C.03, subdivision 1, when there is
reasonable cause; and
(3) information from the Bureau of Criminal Apprehension.
(b) If the individual has resided in the county for less than five years, the study shall
include the records specified under paragraph (a) for the previous county or counties of
residence for the past five years.
(c) Notwithstanding expungement by a court, the county agency may consider information
obtained under paragraph (a), clause (3), unlessnew text begin :
new text end
new text begin (1) new text end the commissioner received notice of the petition for expungement and the court order
for expungement is directed specifically to the commissionernew text begin ; or
new text end
new text begin (2) the commissioner received notice of the expungement order issued pursuant to section
609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically
to the commissionernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 6.
new text begin
[299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE
FOR EXPUNGEMENT.
new text end
new text begin
(a) The superintendent of the Bureau of Criminal Apprehension shall maintain a
computerized data system relating to petty misdemeanor and misdemeanor offenses that
may become eligible for expungement pursuant to section 609A.015 and which do not
require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in
the criminal history system.
new text end
new text begin
(b) These data are private data on individuals under section 13.02, subdivision 12.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 7.
Minnesota Statutes 2022, section 299C.10, subdivision 1, is amended to read:
Subdivision 1.
Required fingerprinting.
(a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention facilities shall take or cause to be
taken immediately deleted text begin fingerdeleted text end new text begin fingerprintsnew text end and deleted text begin thumb printsdeleted text end new text begin thumbprintsnew text end , photographs, distinctive
physical mark identification data, information on any known aliases or street names, and
other identification data requested or required by the superintendent of the bureau, of the
following:
(1) persons arrested for, appearing in court on a charge of, or convicted of a felony, gross
misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent for,
or alleged to have committed felonies or gross misdemeanors as distinguished from those
committed by adult offenders;
(3) adults and juveniles admitted to jails or detention facilities;
(4) persons reasonably believed by the arresting officer to be fugitives from justice;
(5) persons in whose possession, when arrested, are found concealed firearms or other
dangerous weapons, burglar tools or outfits, high-power explosives, or articles, machines,
or appliances usable for an unlawful purpose and reasonably believed by the arresting officer
to be intended for such purposes;
(6) juveniles referred by a law enforcement agency to a diversion program for a felony
or gross misdemeanor offense; and
(7) persons currently involved in the criminal justice process, on probation, on parole,
or in custody for any offense whom the superintendent of the bureau identifies as being the
subject of a court disposition record which cannot be linked to an arrest record, and whose
fingerprints are necessary to reduce the number of suspense files, or to comply with the
mandates of section 299C.111, relating to the reduction of the number of suspense files.
This duty to obtain fingerprints for the offenses in suspense at the request of the bureau
shall include the requirement that fingerprints be taken in post-arrest interviews, while
making court appearances, while in custody, or while on any form of probation, diversion,
or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
of taking the fingerprints and data, the fingerprint records and other identification data
specified under paragraph (a) must be electronically entered into a bureau-managed
searchable database in a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take fingerprints of an individual who is
presently on probation.
(d) deleted text begin Fingerdeleted text end new text begin Fingerprintsnew text end and deleted text begin thumb printsdeleted text end new text begin thumbprintsnew text end must be obtained no later than:
(1) release from booking; or
(2) if not booked prior to acceptance of a plea of guilty or not guilty.
Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb
prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger
and thumb prints have not been successfully received by the bureau, an individual may,
upon order of the court, be taken into custody for no more than eight hours so that the taking
of prints can be completed. Upon notice and motion of the prosecuting attorney, this time
period may be extended upon a showing that additional time in custody is essential for the
successful taking of prints.
(e) For purposes of this section, a targeted misdemeanor is a misdemeanor violation of
section 169A.20 (driving while impaired), 518B.01 (order for protection violation), 609.224
(fifth-degree assault), 609.2242 (domestic assault), 609.746 (interference with privacy),
609.748 (harassment or restraining order violation),new text begin 609.749 (obscene or harassing telephone
calls),new text end 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 299C.11, subdivision 1, is amended to read:
Subdivision 1.
Identification data other than DNA.
(a) Each sheriff and chief of police
shall furnish the bureau, upon such form as the superintendent shall prescribe, with such
deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs, distinctive physical
mark identification data, information on known aliases and street names, and other
identification data as may be requested or required by the superintendent of the bureau,
which must be taken under the provisions of section 299C.10. In addition, sheriffs and chiefs
of police shall furnish this identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within the ten
years immediately preceding their arrest. When the bureau learns that an individual who is
the subject of a background check has used, or is using, identifying information, including,
but not limited to, name and date of birth, other than those listed on the criminal history,
the bureau shall convert into an electronic format, if necessary, and enter into a
bureau-managed searchable database the new identifying information when supported by
fingerprints within three business days of learning the information if the information is not
entered by a law enforcement agency.
(b) No petition under chapter 609A is required if the person has not been convicted of
any felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not return
an indictment.
Where these conditions are met, the bureau or agency shall, upon demand, destroy the
arrested person's deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs,
distinctive physical mark identification data, information on known aliases and street names,
and other identification data, and all copies and duplicates of them.
new text begin
(c) The bureau or agency shall destroy an arrested person's fingerprints and thumbprints,
photographs, distinctive physical mark identification data, information on known aliases
and street names, and other identification data and all copies and duplicates of them without
the demand of any person or the granting of a petition under chapter 609A if:
new text end
new text begin
(1) the sheriff, chief of police, bureau, or other arresting agency determines that the
person was arrested or identified as the result of mistaken identity before presenting
information to the prosecuting authority for a charging decision; or
new text end
new text begin
(2) the prosecuting authority declines to file any charges or a grand jury does not return
an indictment based on a determination that the person was identified or arrested as the
result of mistaken identity.
new text end
new text begin
(d) A prosecuting authority that determines a person was arrested or identified as the
result of mistaken identity and either declines to file any charges or receives notice that a
grand jury did not return an indictment shall notify the bureau and the applicable sheriff,
chief of police, or other arresting agency of the determination.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end Except as otherwise provided in paragraph (b)new text begin or (c)new text end , upon the determination of
all pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal deleted text begin finger and
thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them if the arrested person has not been convicted of
any felony or gross misdemeanor, either within or without the state, within the period of
ten years immediately preceding such determination.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to
determinations that a person was identified as the result of mistaken identity made on or
after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:
Subd. 3.
Definitions.
For purposes of this section:
(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;
(ii) the arrested person's successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; deleted text begin and
deleted text end
new text begin
(2) "mistaken identity" means the person was incorrectly identified as being a different
person:
new text end
new text begin
(i) because the person's identity had been transferred, used, or possessed in violation of
section 609.527; or
new text end
new text begin
(ii) as a result of misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person who
committed the crime, or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime; and
new text end
deleted text begin (2)deleted text end new text begin (3)new text end "targeted misdemeanor" has the meaning given in section 299C.10, subdivision
1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 10.
Minnesota Statutes 2022, section 299C.111, is amended to read:
299C.111 SUSPENSE FILE REPORTING.
The superintendent shall immediately notify the appropriate entity or individual when
a disposition recordnew text begin for a felony, gross misdemeanor, or targeted misdemeanornew text end is received
that cannot be linked to an arrest record.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 11.
Minnesota Statutes 2022, section 299C.17, is amended to read:
299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall require the court administrator of every court which sentences
a defendant for a felony, gross misdemeanor, deleted text begin or targeteddeleted text end misdemeanornew text begin , or petty misdemeanornew text end
to electronically transmit within 24 hours of the disposition of the case a report, in a form
prescribed by the superintendent providing information required by the superintendent with
regard to the prosecution and disposition of criminal cases. A copy of the report shall be
kept on file in the office of the court administrator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 12.
Minnesota Statutes 2022, section 609A.01, is amended to read:
609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
This chapter provides the grounds and procedures for expungement of criminal records
under section 13.82; 152.18, subdivision 1; 299C.11, where new text begin expungement is automatic under
sections 609A.015, 609A.017, or 609A.035, or new text end a petition is authorized under section 609A.02,
subdivision 3; or other applicable law. The remedy available is limited to a court order new text begin or
grant of expungement under section 609A.015new text end sealing the records and prohibiting the
disclosure of their existence or their opening except under court order or statutory authority.
Nothing in this chapter authorizes the destruction of records or their return to the subject
of the records.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025.
new text end
Sec. 13.
new text begin
[609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Eligibility; dismissal; exoneration. new text end
new text begin
(a) A person who is the subject of
a criminal record or delinquency record is eligible for a grant of expungement relief without
the filing of a petition:
new text end
new text begin
(1) if the person was arrested and all charges were dismissed after a case was filed unless
dismissal was based on a finding that the defendant was incompetent to proceed;
new text end
new text begin
(2) upon the dismissal and discharge of proceedings against a person under section
152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession
of a controlled substance; or
new text end
new text begin
(3) if all pending actions or proceedings were resolved in favor of the person.
new text end
new text begin
(b) For purposes of this chapter, a verdict of not guilty by reason of mental illness is not
a resolution in favor of the person. For purposes of this chapter, an action or proceeding is
resolved in favor of the person if the petitioner received an order under section 590.11
determining that the person is eligible for compensation based on exoneration.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility; diversion and stay of adjudication. new text end
new text begin
A person is eligible for a grant
of expungement relief if the person has successfully completed the terms of a diversion
program or stay of adjudication for a qualifying offense that is not a felony and has not been
petitioned or charged with a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
new text end
new text begin
(1) for one year immediately following completion of the diversion program or stay of
adjudication; or
new text end
new text begin
(2) for one year immediately preceding a subsequent review performed pursuant to
subdivision 5, paragraph (a).
new text end
new text begin Subd. 3. new text end
new text begin Eligibility; certain criminal proceedings. new text end
new text begin
(a) A person is eligible for a grant
of expungement relief if the person:
new text end
new text begin
(1) was convicted of a qualifying offense;
new text end
new text begin
(2) has not been convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
new text end
new text begin
(i) during the applicable waiting period immediately following discharge of the disposition
or sentence for the crime; or
new text end
new text begin
(ii) during the applicable waiting period immediately preceding a subsequent review
performed pursuant to subdivision 5, paragraph (a); and
new text end
new text begin
(3) is not charged with an offense, other than an offense that would be a petty
misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting
period or at the time of a subsequent review.
new text end
new text begin
(b) As used in this subdivision, "qualifying offense" means a conviction for:
new text end
new text begin
(1) any petty misdemeanor offense other than a violation of a traffic regulation relating
to the operation or parking of motor vehicles;
new text end
new text begin
(2) any misdemeanor offense other than:
new text end
new text begin
(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving
while impaired);
new text end
new text begin
(ii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end
new text begin
(iii) section 609.224 (assault in the fifth degree);
new text end
new text begin
(iv) section 609.2242 (domestic assault);
new text end
new text begin
(v) section 609.748 (violation of a harassment restraining order);
new text end
new text begin
(vi) section 609.78 (interference with emergency call);
new text end
new text begin
(vii) section 609.79 (obscene or harassing phone calls);
new text end
new text begin
(viii) section 617.23 (indecent exposure);
new text end
new text begin
(ix) section 609.746 (interference with privacy); or
new text end
new text begin
(x) section 629.75 (violation of domestic abuse no contact order);
new text end
new text begin
(3) any gross misdemeanor offense other than:
new text end
new text begin
(i) section 169A.25 (second-degree driving while impaired);
new text end
new text begin
(ii) section 169A.26 (third-degree driving while impaired);
new text end
new text begin
(iii) section 518B.01, subdivision 14 (violation of an order for protection);
new text end
new text begin
(iv) section 609.2113, subdivision 3 (criminal vehicular operation);
new text end
new text begin
(v) section 609.2231 (assault in the fourth degree);
new text end
new text begin
(vi) section 609.224 (assault in the fifth degree);
new text end
new text begin
(vii) section 609.2242 (domestic assault);
new text end
new text begin
(viii) section 609.233 (criminal neglect);
new text end
new text begin
(ix) section 609.3451 (criminal sexual conduct in the fifth degree);
new text end
new text begin
(x) section 609.377 (malicious punishment of child);
new text end
new text begin
(xi) section 609.485 (escape from custody);
new text end
new text begin
(xii) section 609.498 (tampering with witness);
new text end
new text begin
(xiii) section 609.582, subdivision 4 (burglary in the fourth degree);
new text end
new text begin
(xiv) section 609.746 (interference with privacy);
new text end
new text begin
(xv) section 609.748 (violation of a harassment restraining order);
new text end
new text begin
(xvi) section 609.749 (harassment; stalking);
new text end
new text begin
(xvii) section 609.78 (interference with emergency call);
new text end
new text begin
(xviii) section 617.23 (indecent exposure);
new text end
new text begin
(xix) section 617.261 (nonconsensual dissemination of private sexual images); or
new text end
new text begin
(xx) section 629.75 (violation of domestic abuse no contact order); or
new text end
new text begin
(4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other
than:
new text end
new text begin
(i) section 152.023, subdivision 2 (possession of a controlled substance in the third
degree);
new text end
new text begin
(ii) 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);
new text end
new text begin
(iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness); or
new text end
new text begin
(iv) section 609.746, subdivision 1, paragraph (e) (interference with privacy; subsequent
violation or minor victim).
new text end
new text begin
(c) As used in this subdivision, "applicable waiting period" means:
new text end
new text begin
(1) if the offense was a petty misdemeanor, two years since discharge of the sentence;
new text end
new text begin
(2) if the offense was a misdemeanor, two years since discharge of the sentence for the
crime;
new text end
new text begin
(3) if the offense was a gross misdemeanor, three years since discharge of the sentence
for the crime;
new text end
new text begin
(4) if the offense was a felony violation of section 152.025, four years since the discharge
of the sentence for the crime; and
new text end
new text begin
(5) if the offense was any other felony, five years since discharge of the sentence for the
crime.
new text end
new text begin
(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to
section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross
misdemeanor offenses ineligible for a grant of expungement under this section remain
ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Notice. new text end
new text begin
(a) The court shall notify a person who may become eligible for an
automatic expungement under this section of that eligibility at any hearing where the court
dismisses and discharges proceedings against a person under section 152.18, subdivision
1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled
substance; concludes that all pending actions or proceedings were resolved in favor of the
person; grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
new text end
new text begin
(b) To the extent possible, prosecutors, defense counsel, supervising agents, and
coordinators or supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
new text end
new text begin
(c) If any party gives notification under this subdivision, the notification shall inform
the person that:
new text end
new text begin
(1) a record expunged under this section may be opened for purposes of a background
study by the Department of Human Services under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board as required
under section 122A.18, subdivision 8; and
new text end
new text begin
(2) the person can file a petition to expunge the record and request that the petition be
directed to the commissioner of human services and the Professional Educator Licensing
and Standards Board.
new text end
new text begin Subd. 5. new text end
new text begin
Bureau of Criminal Apprehension to identify eligible persons and grant
expungement relief.
new text end
new text begin
(a) The Bureau of Criminal Apprehension shall identify any records
that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1,
2, or 3. The Bureau of Criminal Apprehension shall make an initial determination of
eligibility within 30 days of the end of the applicable waiting period. If a record is not
eligible for a grant of expungement at the time of the initial determination, the Bureau of
Criminal Apprehension shall make subsequent eligibility determinations annually until the
record is eligible for a grant of expungement.
new text end
new text begin
(b) In making the determination under paragraph (a), the Bureau of Criminal
Apprehension shall identify individuals who are the subject of relevant records through the
use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where
fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall
identify individuals through the use of the person's name and date of birth. Records containing
the same name and date of birth shall be presumed to refer to the same individual unless
other evidence establishes, by a preponderance of the evidence, that they do not refer to the
same individual. The Bureau of Criminal Apprehension is not required to review any other
evidence in making a determination.
new text end
new text begin
(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying
persons and seal its own records without requiring an application, petition, or motion.
Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to
paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional
information establishes that the records are not eligible for expungement.
new text end
new text begin
(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension
and subject to a grant of expungement relief shall display a notation stating "expungement
relief granted pursuant to section 609A.015."
new text end
new text begin
(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases
for which expungement relief was granted pursuant to this section. Notification may be
through electronic means and may be made in real time or in the form of a monthly report.
Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for any case in which
expungement relief was granted and shall issue any order deemed necessary to achieve this
purpose.
new text end
new text begin
(f) The Bureau of Criminal Apprehension shall inform each law enforcement agency
that its records may be affected by a grant of expungement relief. Notification may be
through electronic means. Each notified law enforcement agency that receives a request to
produce records shall first contact the Bureau of Criminal Apprehension to determine if the
records were subject to a grant of expungement under this section. The law enforcement
agency must not disclose records relating to an arrest, indictment or information, trial,
verdict, or dismissal and discharge for any case in which expungement relief was granted
and must maintain the data consistent with the classification in paragraph (g). This paragraph
does not apply to requests from a criminal justice agency as defined in section 609A.03,
subdivision 7a, paragraph (f), for the purposes of:
new text end
new text begin
(1) initiating, furthering, or completing a criminal investigation or prosecution or for
sentencing purposes or providing probation or other correctional services; or
new text end
new text begin
(2) evaluating a prospective employee in a criminal justice agency without a court order.
new text end
new text begin
(g) Data on the person whose offense has been expunged under this subdivision, including
any notice sent pursuant to paragraph (f), are private data on individuals as defined in section
13.02, subdivision 12.
new text end
new text begin
(h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic
expungement under this section in the manner provided in section 611A.03, subdivisions
1 and 2.
new text end
new text begin
(i) In any subsequent prosecution of a person granted expungement relief, the expunged
criminal record may be pleaded and has the same effect as if the relief had not been granted.
new text end
new text begin
(j) The Bureau of Criminal Apprehension is directed to develop, modify, or update a
system to provide criminal justice agencies with uniform statewide access to criminal records
sealed by expungement.
new text end
new text begin Subd. 6. new text end
new text begin Immunity from civil liability. new text end
new text begin
Employees of the Bureau of Criminal
Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or
the decision to exercise or the decision to decline to exercise, the powers granted by this
section or for any act or omission occurring within the scope of the performance of their
duties under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to offenses
that meet the eligibility criteria on or after that date and retroactively to offenses that met
those qualifications before January 1, 2025, and are stored in the Bureau of Criminal
Apprehension's criminal history system as of January 1, 2025.
new text end
Sec. 14.
new text begin
[609A.017] MISTAKEN IDENTITY; AUTOMATIC EXPUNGEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of
guilty by a court.
new text end
new text begin
(c) "Mistaken identity" means a person was incorrectly identified as being a different
person:
new text end
new text begin
(1) because the person's identity had been transferred, used, or possessed in violation of
section 609.527; or
new text end
new text begin
(2) as a result of misidentification by a witness or law enforcement, confusion on the
part of a witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person who
committed the crime, or some other mistake on the part of a witness or law enforcement as
to the identity of the person who committed the crime.
new text end
new text begin Subd. 2. new text end
new text begin Determination by prosecutor; notification. new text end
new text begin
If, before a conviction, a prosecutor
determines that a defendant was issued a citation, charged, indicted, or otherwise prosecuted
as the result of mistaken identity, the prosecutor must dismiss or move to dismiss the action
or proceeding and must state in writing or on the record that mistaken identity is the reason
for the dismissal.
new text end
new text begin Subd. 3. new text end
new text begin Order of expungement. new text end
new text begin
(a) The court shall issue an order of expungement
without the filing of a petition when an action or proceeding is dismissed based on a
determination that a defendant was issued a citation, charged, indicted, or otherwise
prosecuted as the result of mistaken identity. The order shall cite this section as the basis
for the order.
new text end
new text begin
(b) An order issued under this section is not subject to the considerations or standards
identified in section 609A.025 or 609A.03, subdivision 5, paragraph (a), (b), or (c).
new text end
new text begin Subd. 4. new text end
new text begin Effect of order. new text end
new text begin
(a) An order issued under this section is not subject to the
limitations in section 609A.03, subdivision 7a or 9. The effect of the court order to seal the
record of the proceedings shall be to restore the person, in the contemplation of the law, to
the status the person occupied before the arrest, indictment, or information. The person shall
not be guilty of perjury or otherwise of giving a false statement if the person fails to
acknowledge the arrest, indictment, information, or trial in response to any inquiry made
for any purpose.
new text end
new text begin
(b) A criminal justice agency may seek access to a record that was sealed under this
section for purposes of determining whether the subject of the order was identified in any
other action or proceeding as the result of mistaken identity or for a criminal investigation,
prosecution, or sentencing involving any other person. The requesting agency must obtain
an ex parte court order after stating a good-faith basis to believe that opening the record
may lead to relevant information.
new text end
new text begin
(c) The court administrator must distribute and confirm receipt of an order issued under
this section pursuant to section 609A.03, subdivision 8.
new text end
new text begin
(d) Data on the person whose offense has been expunged contained in a letter or other
notification sent under this subdivision are private data on individuals as defined in section
13.02.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to
determinations that a person was identified as the result of mistaken identity on or after that
date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 609A.02, subdivision 3, is amended to read:
Subd. 3.
Certain criminal proceedings.
(a) A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict
if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved
in favor of the petitioner, if the petitioner received an order under section 590.11 determining
that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay
of adjudication and has not been charged with a new crime for at least one year since
completion of the diversion program or stay of adjudication;
(3) the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a petty misdemeanor
or misdemeanor new text begin or the sentence imposed was within the limits provided by law for a
misdemeanornew text end and new text begin the petitionernew text end has not been convicted of a new crime for at least two years
since discharge of the sentence for the crime;
(4) the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a gross misdemeanor
new text begin or the sentence imposed was within the limits provided by law for a gross misdemeanornew text end
and new text begin the petitionernew text end has not been convicted of a new crime for at least deleted text begin fourdeleted text end new text begin threenew text end years since
discharge of the sentence for the crime; deleted text begin or
deleted text end
new text begin
(5) the petitioner was convicted of a gross misdemeanor that is deemed to be for a
misdemeanor pursuant to section 609.13, subdivision 2, clause (2), and has not been convicted
of a new crime for at least three years since discharge of the sentence for the crime;
new text end
new text begin
(6) the petitioner was convicted of a felony violation of section 152.025 and has not
been convicted of a new crime for at least four years since discharge of the sentence for the
crime;
new text end
new text begin
(7) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor
or misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not been
convicted of a new crime for at least five years since discharge of the sentence for the crime;
or
new text end
deleted text begin (5)deleted text end new text begin (8)new text end the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a felony violation
of an offense listed in paragraph (b), and has not been convicted of a new crime for at least
deleted text begin fivedeleted text end new text begin fournew text end years since discharge of the sentence for the crime.
(b) Paragraph (a), clause deleted text begin (5)deleted text end new text begin (7)new text end , applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section new text begin 152.023, subdivision 2 (possession of a controlled substance in the third
degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);new text end
152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled
substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.984 (false declaration in assistance application);
(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices
and solicitations);
(13) section 346.155, subdivision 10 (failure to control regulated animal);
(14) section 349.2127; or 349.22 (gambling regulations);
(15) section 588.20 (contempt);
(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
(17) section 609.31 (leaving state to evade establishment of paternity);
(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness);
(19) section 609.49 (failure to appear in court);
(20) new text begin section 609.52, subdivision 2, when sentenced pursuant to new text end section 609.52,
subdivision 3, clause (3)(a) (theft of $5,000 or less)deleted text begin , or other theft offense that is sentenced
under this provision;deleted text end or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with risk
of bodily harm)new text begin ; or any other offense sentenced pursuant to section 609.52, subdivision 3,
clause (3)(a)new text end ;
new text begin
(21) section 609.521 (possession of shoplifting gear);
new text end
deleted text begin (21)deleted text end new text begin (22)new text end section 609.525 (bringing stolen goods into state);
deleted text begin (22)deleted text end new text begin (23)new text end section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
deleted text begin (23)deleted text end new text begin (24)new text end section 609.527, subdivision 5b (possession or use of scanning device or
reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
check); or 609.529 (mail theft);
deleted text begin (24)deleted text end new text begin (25)new text end section 609.53 (receiving stolen goods);
deleted text begin (25)deleted text end new text begin (26)new text end section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check
over $500);
deleted text begin (26)deleted text end new text begin (27)new text end section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
deleted text begin (27)deleted text end new text begin (28)new text end section 609.551 (rustling and livestock theft);
deleted text begin (28)deleted text end new text begin (29)new text end section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
deleted text begin (29)deleted text end new text begin (30)new text end section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
new text begin
(31) section 609.582, subdivision 3 (burglary in the third degree);
new text end
new text begin
(32) section 609.59 (possession of burglary or theft tools);
new text end
deleted text begin (30)deleted text end new text begin (33)new text end section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph
(a) (criminal damage to property);
deleted text begin (31)deleted text end new text begin (34)new text end section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
deleted text begin (32)deleted text end new text begin (35)new text end section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision
4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
deleted text begin (33)deleted text end new text begin (36)new text end section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4, paragraph (a) (lottery fraud);
deleted text begin (34)deleted text end new text begin (37)new text end section 609.652 (fraudulent driver's license and identification card);
deleted text begin (35)deleted text end new text begin (38)new text end section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer);
or 609.66, subdivision 1b (furnishing firearm to minor);
deleted text begin (36)deleted text end new text begin (39)new text end section 609.662, subdivision 2, paragraph (b) (duty to render aid);
deleted text begin (37)deleted text end new text begin (40)new text end section 609.686, subdivision 2 (tampering with fire alarm);
deleted text begin (38)deleted text end new text begin (41)new text end section 609.746, subdivision 1, paragraph deleted text begin (e)deleted text end new text begin (g)new text end (interference with privacy;
subsequent violation or minor victim);
deleted text begin (39)deleted text end new text begin (42)new text end section 609.80, subdivision 2 (interference with cable communications system);
deleted text begin (40)deleted text end new text begin (43)new text end section 609.821, subdivision 2 (financial transaction card fraud);
deleted text begin (41)deleted text end new text begin (44)new text end section 609.822 (residential mortgage fraud);
deleted text begin (42)deleted text end new text begin (45)new text end section 609.825, subdivision 2 (bribery of participant or official in contest);
deleted text begin (43)deleted text end new text begin (46)new text end section 609.855, subdivision 2, paragraph (c), clause (1) (interference with
transit operator);
deleted text begin (44)deleted text end new text begin (47)new text end section 609.88 (computer damage); or 609.89 (computer theft);
deleted text begin (45)deleted text end new text begin (48)new text end section 609.893, subdivision 2 (telecommunications and information services
fraud);
deleted text begin (46)deleted text end new text begin (49)new text end section 609.894, subdivision 3 or 4 (cellular counterfeiting);
deleted text begin (47)deleted text end new text begin (50)new text end section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);
deleted text begin (48)deleted text end new text begin (51)new text end section 609.896 (movie pirating);
deleted text begin (49)deleted text end new text begin (52)new text end section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor);
624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
subdivision 2 (transfer of pistol to ineligible person); or
deleted text begin (50)deleted text end new text begin (53)new text end section 624.7181 (rifle or shotgun in public by minor).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023, and applies to all offenses
that meet the eligibility criteria on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read:
Subd. 5.
Nature of remedy; standard.
(a) Except as otherwise provided by paragraph
(b), expungement of a criminal record new text begin under this section new text end is an extraordinary remedy to be
granted only upon clear and convincing evidence that it would yield a benefit to the petitioner
commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an
expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for
the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause
(1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction
whose records would be affected establishes by clear and convincing evidence that the
interests of the public and public safety outweigh the disadvantages to the petitioner of not
sealing the record.
(c) In making a determination under this subdivision, the court shall consider:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the
petitioner's level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner's attempts to obtain
employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections
officials;
(10) the recommendations of victims or whether victims of the underlying crime were
minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner
toward payment, and the measures in place to help ensure completion of restitution payment
after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court
issues an expungement order it may require that the criminal record be sealed, the existence
of the record not be revealed, and the record not be opened except as required under
subdivision 7. Records must not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee, former employee,
or tenant that has been expunged before the occurrence of the act giving rise to the civil
action may not be introduced as evidence in a civil action against a private employer or
landlord or its employees or agents that is based on the conduct of the employee, former
employee, or tenant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 17.
Minnesota Statutes 2022, section 609A.03, subdivision 7a, is amended to read:
Subd. 7a.
Limitations of order effective January 1, 2015, and later.
(a) Upon issuance
of an expungement order related to a charge supported by probable cause, the DNA samples
and DNA records held by the Bureau of Criminal Apprehension and collected under authority
other than section 299C.105 shall not be sealed, returned to the subject of the record, or
destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or
exchanged between criminal justice agencies without a court order for the purposes of
initiating, furthering, or completing a criminal investigation or prosecution or for sentencing
purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section
609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing
for lack of probable cause, for purposes of a criminal investigation, prosecution, or
sentencing, the requesting agency must obtain an ex parte court order after stating a
good-faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a
prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background
study under section 245C.08 unless the commissioner had been properly served with notice
of the petition for expungement and the court order for expungement is directed specifically
to the commissioner of human servicesnew text begin following proper service of a petition, or following
proceedings under section 609A.025 or 609A.035 upon service of an order to the
commissioner of human servicesnew text end ;
(5) an expunged record of a conviction may be opened for purposes of a background
check required under section 122A.18, subdivision 8, unless the court order for expungement
is directed specifically to the Professional Educator Licensing and Standards Board; deleted text begin and
deleted text end
(6) the court may order an expunged record opened upon request by the victim of the
underlying offense if the court determines that the record is substantially related to a matter
for which the victim is before the courtdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(7) a prosecutor may request, and the district court shall provide, certified records of
conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
609A.025, and 609A.035, and the certified records of conviction may be disclosed and
introduced in criminal court proceedings as provided by the rules of court and applicable
law; and
new text end
new text begin
(8) the subject of an expunged record may request, and the court shall provide, certified
or uncertified records of conviction for a record expunged pursuant to sections 609A.015,
609A.017, 609A.02, 609A.025, and 609A.035.
new text end
(c) An agency or jurisdiction subject to an expungement order shall maintain the record
in a manner that provides access to the record by a criminal justice agency under paragraph
(b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau
of Criminal Apprehension shall notify the commissioner of human services or the
Professional Educator Licensing and Standards Board of the existence of a sealed record
and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the
agency or jurisdiction subject to the expungement order shall provide access to the record
to the commissioner of human services or the Professional Educator Licensing and Standards
Board under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains
subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b),
clause (1) or (2), must maintain and store the record in a manner that restricts the use of the
record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government
agency that performs the administration of criminal justice under statutory authority.
(g) This subdivision applies to expungement orders subject to its limitations and effective
on or after January 1, 2015new text begin , and grants of expungement relief issued on or after January 1,
2025new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 18.
Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read:
Subd. 9.
Stay of order; appeal.
An expungement order new text begin issued under this section new text end shall
be stayed automatically for 60 days after the order is filed and, if the order is appealed,
during the appeal period. A person or an agency or jurisdiction whose records would be
affected by the order may appeal the order within 60 days of service of notice of filing of
the order. An agency or jurisdiction or its officials or employees need not file a cost bond
or supersedeas bond in order to further stay the proceedings or file an appeal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 19.
new text begin
[609A.035] PARDON EXTRAORDINARY; NO PETITION REQUIRED.
new text end
new text begin
(a) Notwithstanding section 609A.02, if the Board of Pardons grants a petition for a
pardon extraordinary pursuant to section 638.02, subdivision 2, it shall file a copy of the
pardon extraordinary with the district court of the county in which the conviction occurred.
new text end
new text begin
(b) The district court shall issue an expungement order sealing all records wherever held
relating to the arrest, indictment or information, trial, verdict, and pardon for the pardoned
offense without the filing of a petition and send an expungement order to each government
entity whose records are affected.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 20.
Minnesota Statutes 2022, section 611A.03, subdivision 1, is amended to read:
Subdivision 1.
Plea agreements; notification of victim.
Prior to the entry of the factual
basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall
make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea agreement recommendation, including the amount of time
recommended for the defendant to serve in jail or prison if the court accepts the agreement;
deleted text begin and
deleted text end
(2) the right to be present at the sentencing hearing and at the hearing during which the
plea is presented to the court and to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition. If the victim is not present when
the court considers the recommendation, but has communicated objections to the prosecuting
attorney, the prosecuting attorney shall make these objections known to the courtdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) the eligibility of the offense for automatic expungement pursuant to section 609A.015.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2025, and applies to plea
agreements entered into on or after that date.
new text end
Sec. 21.
Minnesota Statutes 2022, section 638.02, subdivision 2, is amended to read:
Subd. 2.
Petition; pardon extraordinary.
Any person, convicted of a crime in any
court of this state, who has served the sentence imposed by the court and has been discharged
of the sentence either by order of court or by operation of law, may petition the Board of
Pardons for the granting of a pardon extraordinary. Unless the Board of Pardons expressly
provides otherwise in writing by unanimous vote, the application for a pardon extraordinary
may not be filed until the applicable time period in clause (1) or (2) has elapsed:
(1) if the person was convicted of a crime of violence as defined in section 624.712,
subdivision 5, ten years must have elapsed since the sentence was discharged and during
that time the person must not have been convicted of any other crime; and
(2) if the person was convicted of any crime not included within the definition of crime
of violence under section 624.712, subdivision 5, five years must have elapsed since the
sentence was discharged and during that time the person must not have been convicted of
any other crime.
If the Board of Pardons determines that the person is of good character and reputation, the
board may, in its discretion, grant the person a pardon extraordinary. The pardon
extraordinary, when granted, has the effect of setting aside and nullifying the conviction
and of purging the person of it, and the person shall never after that be required to disclose
the conviction at any time or place other than in a judicial proceeding or as part of the
licensing process for peace officers.new text begin The pardon extraordinary, after being granted and filed
with the district court in which the conviction occurred, will also seal all records wherever
held related to the arrest, indictment or information, trial, verdict, and pardon.
new text end
The application for a pardon extraordinary, the proceedings to review an application,
and the notice requirements are governed by the statutes and the rules of the board in respect
to other proceedings before the board. The application shall contain any further information
that the board may require.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 22.
Minnesota Statutes 2022, section 638.02, subdivision 3, is amended to read:
Subd. 3.
Pardon extraordinary; filing; copies sent.
Upon granting a pardon
extraordinarynew text begin ,new text end the Board of Pardons shall file a copy of it with the district court of the county
in which the conviction occurred, and the court shall order the conviction set aside and
include a copy of the pardon in the court file. new text begin The court shall order all records wherever
held relating to the arrest, indictment or information, trial, verdict, and pardon sealed and
prohibit the disclosure of the existence of the records or the opening of the records except
under court order or pursuant to section 609A.03, subdivision 7a, paragraph (b), clause (1),
(7) or (8). new text end The court shall send a copy of its order and the pardon to the Bureau of Criminal
Apprehensionnew text begin and all other government entities that hold affected recordsnew text end . new text begin The court
administrator under section 609A.03, subdivision 8, shall send a copy of the expungement
order to each government entity whose records are affected by the order, including but not
limited to the Department of Corrections, the Department of Public Safety, and law
enforcement agencies.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
ARTICLE 9
CLEMENCY REFORM
Section 1.
Minnesota Statutes 2022, section 13.871, subdivision 8, is amended to read:
Subd. 8.
deleted text begin Board of Pardonsdeleted text end new text begin Clemency Review Commissionnew text end records.
Access to deleted text begin Board
of Pardonsdeleted text end records new text begin of the Clemency Review Commission new text end is governed by section deleted text begin 638.07deleted text end new text begin
638.20new text end .
Sec. 2.
Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:
Subd. 3.
Definitions.
For purposes of this section:
(1) "determination of all pending criminal actions or proceedings in favor of the arrested
person" does not include:
(i) the sealing of a criminal record pursuant to section 152.18, subdivision 1, 242.31, or
chapter 609A;
(ii) the arrested person's successful completion of a diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under deleted text begin section 638.02deleted text end new text begin chapter 638new text end ; and
(2) "targeted misdemeanor" has the meaning given in section 299C.10, subdivision 1.
Sec. 3.
Minnesota Statutes 2022, section 638.01, is amended to read:
638.01 BOARD OF PARDONSdeleted text begin ; HOW CONSTITUTED; POWERSdeleted text end .
The Board of Pardons deleted text begin shall consistdeleted text end new text begin consistsnew text end of the governor, the chief justice of the
supreme court, and the attorney general. The deleted text begin boarddeleted text end new text begin governor in conjunction with the boardnew text end
may grant deleted text begin pardons and reprieves and commute the sentence of any person convicted of any
offense against the laws of the state, in the manner and under the conditions and rules
hereinafter prescribed, but not otherwisedeleted text end new text begin clemency according to this chapternew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
new text begin
[638.011] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For purposes of this chapter, the terms defined in this section have
the meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Board. new text end
new text begin
"Board" means the Board of Pardons under section 638.01.
new text end
new text begin Subd. 3. new text end
new text begin Clemency. new text end
new text begin
Unless otherwise provided, "clemency" includes a pardon,
commutation, and reprieve after conviction for a crime against the state except in cases of
impeachment.
new text end
new text begin Subd. 4. new text end
new text begin Commission. new text end
new text begin
"Commission" means the Clemency Review Commission under
section 638.09.
new text end
new text begin Subd. 5. new text end
new text begin Department. new text end
new text begin
"Department" means the Department of Corrections.
new text end
new text begin Subd. 6. new text end
new text begin Waiver request. new text end
new text begin
"Waiver request" means a request to waive a time restriction
under sections 638.12, subdivisions 2 and 3, and 638.19, subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
new text begin
[638.09] CLEMENCY REVIEW COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; duties. new text end
new text begin
(a) The Clemency Review Commission is
established to:
new text end
new text begin
(1) review each eligible clemency application and waiver request that it receives;
new text end
new text begin
(2) recommend to the board, in writing, whether to grant or deny the application or
waiver request, with each member's vote reported;
new text end
new text begin
(3) recommend to the board, in writing, whether the board should conduct a hearing on
a clemency application, with each member's vote reported; and
new text end
new text begin
(4) provide victim support services, assistance to applicants, and other assistance as the
board requires.
new text end
new text begin
(b) Unless otherwise provided:
new text end
new text begin
(1) the commission's recommendations under this chapter are nonbinding on the governor
or the board; and
new text end
new text begin
(2) chapter 15 applies unless otherwise inconsistent with this chapter.
new text end
new text begin Subd. 2. new text end
new text begin Composition. new text end
new text begin
(a) The commission consists of nine members, each serving a
term coterminous with the governor.
new text end
new text begin
(b) The governor, the attorney general, and the chief justice of the supreme court must
each appoint three members to serve on the commission and replace members when the
members' terms expire. Members serve at the pleasure of their appointing authority.
new text end
new text begin Subd. 3. new text end
new text begin Appointments to commission. new text end
new text begin
(a) An appointing authority is encouraged to
consider the following criteria when appointing a member:
new text end
new text begin
(1) expertise in law, corrections, victims' services, correctional supervision, mental
health, and substance abuse treatment; and
new text end
new text begin
(2) experience addressing systemic disparities, including but not limited to disparities
based on race, gender, and ability.
new text end
new text begin
(b) An appointing authority must seek out and encourage qualified individuals to apply
to serve on the commission, including:
new text end
new text begin
(1) members of Indigenous communities, Black communities, and other communities
of color;
new text end
new text begin
(2) members diverse as to gender identity; and
new text end
new text begin
(3) members diverse as to age and ability.
new text end
new text begin
(c) If there is a vacancy, the appointing authority who selected the vacating member
must make an interim appointment to expire at the end of the vacating member's term.
new text end
new text begin
(d) A member may continue to serve until the member's successor is appointed, but a
member may not serve more than eight years in total.
new text end
new text begin Subd. 4. new text end
new text begin Commission; generally. new text end
new text begin
(a) The commission must biennially elect one of its
members as chair and one as vice-chair. The chair serves as the board's secretary.
new text end
new text begin
(b) Each commission member must be:
new text end
new text begin
(1) compensated at a rate of $150 for each day or part of the day spent on commission
activities; and
new text end
new text begin
(2) reimbursed for all reasonable expenses actually paid or incurred by the member while
performing official duties.
new text end
new text begin
(c) Beginning January 1, 2025, and annually thereafter, the board may set a new per
diem rate for commission members, not to exceed an amount ten percent higher than the
previous year's rate.
new text end
new text begin Subd. 5. new text end
new text begin Executive director. new text end
new text begin
(a) The board must appoint a commission executive director
knowledgeable about clemency and criminal justice. The executive director serves at the
pleasure of the board in the unclassified service as an executive branch employee.
new text end
new text begin
(b) The executive director's salary is set in accordance with section 15A.0815, subdivision
3.
new text end
new text begin
(c) The executive director may obtain office space and supplies and hire administrative
staff necessary to carry out the commission's official functions, including providing
administrative support to the board and attending board meetings. Any additional staff serve
in the unclassified service at the pleasure of the executive director.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 6.
new text begin
[638.10] CLEMENCY APPLICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Required contents. new text end
new text begin
A clemency application must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) be signed under oath by the applicant; and
new text end
new text begin
(3) state the clemency sought, state why the clemency should be granted, and contain
the following information and any additional information that the commission or board
requires:
new text end
new text begin
(i) the applicant's name, address, and date and place of birth, and every alias by which
the applicant is or has been known;
new text end
new text begin
(ii) the applicant's demographic information, including race, ethnicity, gender, disability
status, and age, only if voluntarily reported;
new text end
new text begin
(iii) the name of the crime for which clemency is requested, the date and county of
conviction, the sentence imposed, and the sentence's expiration or discharge date;
new text end
new text begin
(iv) the names of the sentencing judge, the prosecuting attorney, and any victims of the
crime;
new text end
new text begin
(v) a brief description of the crime and the applicant's age at the time of the crime;
new text end
new text begin
(vi) the date and outcome of any prior clemency application, including any application
submitted before July 1, 2024;
new text end
new text begin
(vii) to the best of the applicant's knowledge, a statement of any past criminal conviction
and any pending criminal charge or investigation;
new text end
new text begin
(viii) for an applicant under the department's custody, a statement describing the
applicant's reentry plan should clemency be granted; and
new text end
new text begin
(ix) an applicant statement acknowledging and consenting to the disclosure to the
commission, board, and public of any private data on the applicant in the application or in
any other record relating to the clemency being sought, including conviction and arrest
records.
new text end
new text begin Subd. 2. new text end
new text begin Required form. new text end
new text begin
(a) An application must be made on a commission-approved
form or forms and filed with the commission by commission-prescribed deadlines. The
commission must consult with the board on the forms and deadlines.
new text end
new text begin
(b) The application must include language informing the applicant that the board and
the commission will consider any and all past convictions and that the applicant may provide
information about the convictions.
new text end
new text begin Subd. 3. new text end
new text begin Reviewing application for completeness. new text end
new text begin
The commission must review an
application for completeness. An incomplete application must be returned to the applicant,
who may then provide the missing information and resubmit the application within a
commission-prescribed period.
new text end
new text begin Subd. 4. new text end
new text begin Notice to applicant. new text end
new text begin
After the commission's initial investigation of a clemency
application, the commission must notify the applicant of the scheduled date, time, and
location that the applicant must appear before the commission for a meeting under section
638.14.
new text end
new text begin Subd. 5. new text end
new text begin Equal access to information. new text end
new text begin
Each board and commission member must have
equal access to information under this chapter that is used when making a clemency decision.
new text end
Sec. 7.
new text begin
[638.11] THIRD-PARTY NOTIFICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Notice to victim; victim rights. new text end
new text begin
(a) After receiving a clemency
application, the commission must make all reasonable efforts to locate any victim of the
applicant's crime.
new text end
new text begin
(b) At least 30 calendar days before the commission meeting at which the application
will be heard, the commission must notify any located victim of:
new text end
new text begin
(1) the application;
new text end
new text begin
(2) the meeting's scheduled date, time, and location; and
new text end
new text begin
(3) the victim's right to attend the meeting and submit an oral or written statement to the
commission.
new text end
new text begin
(c) The commission must make all reasonable efforts to ensure that a victim can:
new text end
new text begin
(1) submit an oral or written statement; and
new text end
new text begin
(2) receive victim support services as necessary to help the victim submit a statement
and participate in the clemency process.
new text end
new text begin Subd. 2. new text end
new text begin Notice to sentencing judge and prosecuting attorney. new text end
new text begin
(a) At least 30 calendar
days before the commission meeting at which the application will be heard, the commission
must notify the sentencing judge and prosecuting attorney or their successors of the
application and solicit the judge's and attorney's written statements on whether to grant
clemency.
new text end
new text begin
(b) Unless otherwise provided in this chapter, "law enforcement agency" includes the
sentencing judge and prosecuting attorney or their successors.
new text end
new text begin Subd. 3. new text end
new text begin Notice to public. new text end
new text begin
At least 30 calendar days before the commission meeting at
which the application will be heard, the commission must publish notice of an application
in a qualified newspaper of general circulation in the county in which the applicant's crime
occurred.
new text end
Sec. 8.
new text begin
[638.12] TYPES OF CLEMENCY; ELIGIBILITY AND WAIVER.
new text end
new text begin Subdivision 1. new text end
new text begin Types of clemency; requirements. new text end
new text begin
(a) The board may:
new text end
new text begin
(1) pardon a criminal conviction imposed under the laws of this state;
new text end
new text begin
(2) commute a criminal sentence imposed by a court of this state to time served or a
lesser sentence; or
new text end
new text begin
(3) grant a reprieve of a sentence imposed by a court of this state.
new text end
new text begin
(b) A grant of clemency must be in writing and has no force or effect if the governor or
a board majority duly convened opposes the clemency. Every conditional grant of clemency
must state the terms and conditions upon which it was granted, and every commutation
must specify the terms of the commuted sentence.
new text end
new text begin
(c) A granted pardon sets aside the conviction and purges the conviction from an
individual's criminal record. The individual is not required to disclose the conviction at any
time or place other than:
new text end
new text begin
(1) in a judicial proceeding; or
new text end
new text begin
(2) during the licensing process for peace officers.
new text end
new text begin Subd. 2. new text end
new text begin Pardon eligibility; waiver. new text end
new text begin
(a) An individual convicted of a crime in a court
of this state may apply for a pardon of the individual's conviction on or after five years from
the sentence's expiration or discharge date.
new text end
new text begin
(b) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
new text end
new text begin
(c) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission is exempt from
the meeting requirements under section 638.14 and chapter 13D.
new text end
new text begin
(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end
new text begin Subd. 3. new text end
new text begin Commutation eligibility. new text end
new text begin
(a) An individual may apply for a commutation of
an unexpired criminal sentence imposed by a court of this state, including an individual
confined in a correctional facility or on probation, parole, supervised release, or conditional
release. An application for commutation may not be filed until the date that the individual
has served at least one-half of the sentence imposed or on or after five years from the
conviction date, whichever is earlier.
new text end
new text begin
(b) An individual may request the board to waive the waiting period if there is a showing
of unusual circumstances and special need.
new text end
new text begin
(c) The commission must review a waiver request and recommend to the board whether
to grant the request. When considering a waiver request, the commission is exempt from
the meeting requirements under section 638.14 and chapter 13D.
new text end
new text begin
(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end
Sec. 9.
new text begin
[638.13] ACCESS TO RECORDS; ISSUING SUBPOENA.
new text end
new text begin Subdivision 1. new text end
new text begin Access to records. new text end
new text begin
(a) Notwithstanding chapter 13 or any other law to
the contrary, upon receiving a clemency application, the board or commission may request
and obtain any relevant reports, data, and other information from state courts, law
enforcement agencies, or state agencies. The board and the commission must have access
to all relevant sealed or otherwise inaccessible court records, presentence investigation
reports, police reports, criminal history reports, prison records, and any other relevant
information.
new text end
new text begin
(b) State courts, law enforcement agencies, and state agencies must promptly respond
to record requests from the board or the commission.
new text end
new text begin Subd. 2. new text end
new text begin Issuing subpoena. new text end
new text begin
The board or the commission may issue a subpoena requiring
the presence of any person before the commission or board and the production of papers,
records, and exhibits in any pending matter. When a person is summoned before the
commission or the board, the person may be allowed compensation for travel and attendance
as the commission or the board considers reasonable.
new text end
Sec. 10.
new text begin
[638.14] COMMISSION MEETINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Frequency. new text end
new text begin
The commission must meet at least four times each year for
one or more days at each meeting to hear eligible clemency applications and recommend
appropriate action to the board on each application. One or more of the meetings may be
held at a department-operated correctional facility.
new text end
new text begin Subd. 2. new text end
new text begin When open to the public. new text end
new text begin
All commission meetings are open to the public as
provided under chapter 13D, but the commission may hold closed meetings:
new text end
new text begin
(1) as provided under chapter 13D; or
new text end
new text begin
(2) as necessary to protect sensitive or confidential information, including (i) a victim's
identity, and (ii) sensitive or confidential victim testimony.
new text end
new text begin Subd. 3. new text end
new text begin Recording. new text end
new text begin
When possible, the commission must record its meetings by audio
or audiovisual means.
new text end
new text begin Subd. 4. new text end
new text begin Board attendance. new text end
new text begin
The governor, attorney general, and chief justice, or their
designees, may attend commission meetings as ex officio nonvoting members, but their
attendance does not affect whether the commission has a quorum.
new text end
new text begin Subd. 5. new text end
new text begin Applicant appearance; third-party statements. new text end
new text begin
(a) An applicant for clemency
must appear before the commission either in person or through available forms of
telecommunication.
new text end
new text begin
(b) The victim of an applicant's crime may appear and speak at the meeting or submit a
written statement to the commission. The commission may treat a victim's written statement
as confidential and not disclose the statement to the applicant or the public if there is or has
been an order for protection, harassment restraining order, or other no-contact order
prohibiting the applicant from contacting the victim.
new text end
new text begin
(c) A law enforcement agency's representative may provide the agency's position on
whether the commission should recommend clemency by:
new text end
new text begin
(1) appearing and speaking at the meeting; or
new text end
new text begin
(2) submitting a written statement to the commission.
new text end
new text begin
(d) The sentencing judge and the prosecuting attorney, or their successors, may provide
their positions on whether the commission should recommend clemency by:
new text end
new text begin
(1) appearing and speaking at the meeting; or
new text end
new text begin
(2) submitting their statements under section 638.11, subdivision 2.
new text end
Sec. 11.
new text begin
[638.15] COMMISSION RECOMMENDATION.
new text end
new text begin Subdivision 1. new text end
new text begin Grounds for recommending clemency. new text end
new text begin
(a) When recommending whether
to grant clemency, the commission must consider any factors that the commission deems
appropriate, including but not limited to:
new text end
new text begin
(1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's
age at the time of the crime; and the time that has elapsed between the crime and the
application;
new text end
new text begin
(2) the successful completion or revocation of previous probation, parole, supervised
release, or conditional release;
new text end
new text begin
(3) the number, nature, and circumstances of the applicant's other criminal convictions;
new text end
new text begin
(4) the extent to which the applicant has demonstrated rehabilitation through
postconviction conduct, character, and reputation;
new text end
new text begin
(5) the extent to which the applicant has accepted responsibility, demonstrated remorse,
and made restitution to victims;
new text end
new text begin
(6) whether the sentence is clearly excessive in light of the applicant's crime and criminal
history and any sentence received by an accomplice and with due regard given to:
new text end
new text begin
(i) any plea agreement;
new text end
new text begin
(ii) the sentencing judge's views; and
new text end
new text begin
(iii) the sentencing ranges established by law;
new text end
new text begin
(7) whether the applicant's age or medical status indicates that it is in the best interest
of society that the applicant receive clemency;
new text end
new text begin
(8) the applicant's asserted need for clemency, including family needs and barriers to
housing or employment created by the conviction;
new text end
new text begin
(9) for an applicant under the department's custody, the adequacy of the applicant's
reentry plan;
new text end
new text begin
(10) the amount of time already served by the applicant and the availability of other
forms of judicial or administrative relief;
new text end
new text begin
(11) the extent to which there is credible evidence indicating that the applicant is or may
be innocent of the crime for which they were convicted; and
new text end
new text begin
(12) if provided by the applicant, the applicant's demographic information, including
race, ethnicity, gender, disability status, and age.
new text end
new text begin
(b) Unless an applicant knowingly omitted past criminal convictions on the application,
the commission or the board must not prejudice an applicant for failing to identify past
criminal convictions.
new text end
new text begin Subd. 2. new text end
new text begin Recommending denial of commutation without hearing. new text end
new text begin
(a) At a meeting
under section 638.14, the commission may recommend denying a commutation application
without a board hearing if:
new text end
new text begin
(1) the applicant is challenging the conviction or sentence through court proceedings;
new text end
new text begin
(2) the applicant has failed to exhaust all available state court remedies for challenging
the sentence; or
new text end
new text begin
(3) the commission determines that the matter should first be considered by the parole
authority.
new text end
new text begin
(b) A commission recommendation to deny an application under paragraph (a) must be
sent to the board along with the application.
new text end
new text begin Subd. 3. new text end
new text begin Considering public statements. new text end
new text begin
When making its recommendation on an
application, the commission must consider any statement provided by a victim or law
enforcement agency.
new text end
new text begin Subd. 4. new text end
new text begin Commission recommendation; notifying applicant. new text end
new text begin
(a) Before the board's
next meeting at which the clemency application may be considered, the commission must
send to the board:
new text end
new text begin
(1) the application;
new text end
new text begin
(2) the commission's recommendation;
new text end
new text begin
(3) any recording of the commission's meeting related to the application; and
new text end
new text begin
(4) all statements from victims and law enforcement agencies.
new text end
new text begin
(b) No later than 14 calendar days after its dated recommendation, the commission must
notify the applicant in writing of its recommendation.
new text end
Sec. 12.
new text begin
[638.16] BOARD MEETINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Frequency. new text end
new text begin
(a) The board must meet at least two times each year to
consider clemency applications that have received favorable recommendations under section
638.09, subdivision 1, paragraph (a), clauses (2) and (3), from the commission and any
other applications for which at least one board member seeks consideration.
new text end
new text begin
(b) Any board member may request a hearing on any application.
new text end
new text begin Subd. 2. new text end
new text begin When open to the public. new text end
new text begin
All board meetings are open to the public as provided
under chapter 13D, but the board may hold closed meetings:
new text end
new text begin
(1) as provided under chapter 13D; or
new text end
new text begin
(2) as necessary to protect sensitive or confidential information, including (i) a victim's
identity, and (ii) sensitive or confidential victim testimony.
new text end
new text begin Subd. 3. new text end
new text begin Executive director; attendance required. new text end
new text begin
Unless excused by the board, the
executive director and the commission's chair or vice-chair must attend all board meetings.
new text end
new text begin Subd. 4. new text end
new text begin Considering statements. new text end
new text begin
(a) Applicants, victims, and law enforcement agencies
may not submit oral or written statements at a board meeting unless:
new text end
new text begin
(1) a board member requests a hearing on an application; or
new text end
new text begin
(2) the commission has recommended a hearing on an application.
new text end
new text begin
(b) The board must consider any statements provided to the commission when
determining whether to consider a clemency application.
new text end
Sec. 13.
new text begin
[638.17] BOARD DECISION; NOTIFYING APPLICANT.
new text end
new text begin Subdivision 1. new text end
new text begin Board decision. new text end
new text begin
(a) At each meeting, the board must render a decision
on each clemency application considered at the meeting or continue the matter to a future
board meeting. If the board continues consideration of an application, the commission must
notify the applicant in writing and explain why the matter was continued.
new text end
new text begin
(b) If the commission recommends denying an application and no board member seeks
consideration of the recommendation, it is presumed that the board concurs with the adverse
recommendation and that the application has been considered and denied on the merits.
new text end
new text begin Subd. 2. new text end
new text begin Notifying applicant. new text end
new text begin
The commission must notify the applicant in writing of
the board's decision to grant or deny clemency no later than 14 calendar days from the date
of the board's decision.
new text end
Sec. 14.
new text begin
[638.18] FILING COPY OF CLEMENCY; COURT ACTION.
new text end
new text begin Subdivision 1. new text end
new text begin Filing with district court. new text end
new text begin
After clemency has been granted, the
commission must file a copy of the pardon, commutation, or reprieve with the district court
of the county in which the conviction and sentence were imposed.
new text end
new text begin Subd. 2. new text end
new text begin Court action; pardon. new text end
new text begin
For a pardon, the court must:
new text end
new text begin
(1) order the conviction set aside;
new text end
new text begin
(2) include a copy of the pardon in the court file; and
new text end
new text begin
(3) send a copy of the order and the pardon to the Bureau of Criminal Apprehension.
new text end
new text begin Subd. 3. new text end
new text begin Court action; commutation. new text end
new text begin
For a commutation, the court must:
new text end
new text begin
(1) amend the sentence to reflect the specific relief granted by the board;
new text end
new text begin
(2) include a copy of the commutation in the court file; and
new text end
new text begin
(3) send a copy of the amended sentencing order and commutation to the commissioner
of corrections and the Bureau of Criminal Apprehension.
new text end
Sec. 15.
new text begin
[638.19] REAPPLYING FOR CLEMENCY.
new text end
new text begin Subdivision 1. new text end
new text begin Time-barred from reapplying; exception. new text end
new text begin
(a) After the board has
considered and denied a clemency application on the merits, an applicant may not file a
subsequent application for five years after the date of the most recent denial.
new text end
new text begin
(b) An individual may request permission to reapply before the five-year period expires
based only on new and substantial information that was not and could not have been
previously considered by the board or commission.
new text end
new text begin
(c) If a waiver request contains new and substantial information, the commission must
review the request and recommend to the board whether to waive the time restriction. When
considering a waiver request, the commission is exempt from the meeting requirements
under section 638.14 and chapter 13D.
new text end
new text begin
(d) The board must grant a waiver request unless the governor or a board majority
opposes the waiver.
new text end
new text begin Subd. 2. new text end
new text begin Applying for pardon not precluded. new text end
new text begin
An applicant who is denied or granted
a commutation is not precluded from later seeking a pardon of the criminal conviction once
the eligibility requirements of this chapter have been met.
new text end
Sec. 16.
new text begin
[638.20] COMMISSION RECORD KEEPING.
new text end
new text begin Subdivision 1. new text end
new text begin Record keeping. new text end
new text begin
The commission must keep a record of every application
received, its recommendation on each application, and the final disposition of each
application.
new text end
new text begin Subd. 2. new text end
new text begin When open to public. new text end
new text begin
The commission's records and files are open to public
inspection at all reasonable times, except for:
new text end
new text begin
(1) sealed court records;
new text end
new text begin
(2) presentence investigation reports;
new text end
new text begin
(3) Social Security numbers;
new text end
new text begin
(4) financial account numbers;
new text end
new text begin
(5) driver's license information;
new text end
new text begin
(6) medical records;
new text end
new text begin
(7) confidential Bureau of Criminal Apprehension records;
new text end
new text begin
(8) the identities of victims who wish to remain anonymous and confidential victim
statements; and
new text end
new text begin
(9) any other confidential data on individuals, private data on individuals, not public
data, or nonpublic data under chapter 13.
new text end
Sec. 17.
new text begin
[638.21] LANGUAGE ACCESS AND VICTIM SUPPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Language access. new text end
new text begin
The commission and the board must take reasonable
steps to provide meaningful language access to applicants and victims. Applicants and
victims must have language access to information, documents, and services under this
chapter, with each communicated in a language or manner that the applicant or victim can
understand.
new text end
new text begin Subd. 2. new text end
new text begin Interpreters. new text end
new text begin
(a) Applicants and victims are entitled to interpreters as necessary
to fulfill the purposes of this chapter, including oral or written communication. Sections
546.42 to 546.44 apply, to the extent consistent with this section.
new text end
new text begin
(b) The commission or the board may not discriminate against an applicant or victim
who requests or receives interpretation services.
new text end
new text begin Subd. 3. new text end
new text begin Victim services. new text end
new text begin
The commission and the board must provide or contract for
victim support services as necessary to support victims under this chapter.
new text end
Sec. 18.
new text begin
[638.22] LEGISLATIVE REPORT.
new text end
new text begin
Beginning February 15, 2025, and every February 15 thereafter, the commission must
submit a written report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety, corrections, and
judiciary that contains at least the following information:
new text end
new text begin
(1) the number of clemency applications received by the commission during the preceding
calendar year;
new text end
new text begin
(2) the number of favorable and adverse recommendations made by the commission for
each type of clemency;
new text end
new text begin
(3) the number of applications granted and denied by the board for each type of clemency;
new text end
new text begin
(4) the crimes for which the applications were granted by the board, the year of each
conviction, and the individual's age at the time of the crime; and
new text end
new text begin
(5) summary data voluntarily reported by applicants, including but not limited to
demographic information on race, ethnicity, gender, disability status, and age, of applicants
recommended or not recommended for clemency by the commission.
new text end
Sec. 19.
new text begin
[638.23] RULEMAKING.
new text end
new text begin
(a) The board and commission may jointly adopt rules, including amending Minnesota
Rules, chapter 6600, to:
new text end
new text begin
(1) enforce their powers and duties under this chapter and ensure the efficient processing
of applications; and
new text end
new text begin
(2) allow for expedited review of applications if there is unanimous support from the
sentencing judge or successor, the prosecuting attorney or successor, and any victims of the
crime.
new text end
new text begin
(b) The time limit to adopt rules under section 14.125 does not apply.
new text end
Sec. 20. new text begin TRANSITION PERIOD.
new text end
new text begin
(a) Beginning August 1, 2023, through March 1, 2024, the Department of Corrections
must provide the Clemency Review Commission with administrative assistance, technical
assistance, office space, and other assistance necessary for the commission to carry out its
duties under sections 4 to 21.
new text end
new text begin
(b) Beginning July 1, 2024, the Clemency Review Commission must begin reviewing
applications for pardons, commutations, and reprieves. Applications received after the
effective date of this section but before July 1, 2024, must be considered according to
Minnesota Statutes 2022, sections 638.02, subdivisions 2 to 5, and 638.03 to 638.08.
new text end
new text begin
(c) A pardon, commutation, or reprieve that is granted during the transition period has
no force or effect if the governor or a board majority duly convened opposes the clemency.
new text end
new text begin
(d) By July 1, 2024, the Clemency Review Commission must develop application forms
in consultation with the Board of Pardons.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07;
638.075; and 638.08,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1, 2, and 6 to 19 are effective July 1, 2024.
new text end
ARTICLE 10
EVIDENCE GATHERING AND REPORTING
Section 1.
Minnesota Statutes 2022, section 13A.02, subdivision 1, is amended to read:
Subdivision 1.
Access by government.
Except as authorized by this chapter, no
government authority may have access to, or obtain copies of, or the information contained
in, the financial records of any customer from a financial institution unless the financial
records are reasonably described and:
(1) the customer has authorized the disclosure;
(2) the financial records are disclosed in response to a search warrant;
(3) the financial records are disclosed in response to a judicial or administrative subpoena;
(4) the financial records are disclosed to law enforcement, a lead investigative agency
as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating
financial exploitation of a vulnerable adult in response to a judicial subpoena or
administrative subpoena under section 388.23; or
(5) the financial records are disclosed pursuant to sectionnew text begin 609.527 ornew text end 609.535 or other
statute or rule.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 13A.02, subdivision 2, is amended to read:
Subd. 2.
Release prohibited.
No financial institution, or officer, employee, or agent of
a financial institution, may provide to any government authority access to, or copies of, or
the information contained in, the financial records of any customer except in accordance
with the provisions of this chapter.
Nothing in this chapter shall require a financial institution to inquire or determine that
those seeking disclosure have duly complied with the requirements of this chapter, provided
only that the customer authorization, search warrant, subpoena, or written certification
pursuant to sectionnew text begin 609.527, subdivision 8;new text end 609.535, subdivision 6; 626.557; or other statute
or rule, served on or delivered to a financial institution shows compliance on its face.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 609.527, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given them in this subdivision.
(b) "Direct victim" means any person or entity described in section 611A.01, paragraph
(b), whose identity has been transferred, used, or possessed in violation of this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, website
address, email address, postal address, telephone number, or any other identifying information
of a for-profit or not-for-profit business or organization or of a government agency, to which
the user has no legitimate claim of right.
(d) new text begin "Financial institution" has the meaning given in section 13A.01, subdivision 2.
new text end
new text begin (e) new text end "Identity" means any name, number, or data transmission that may be used, alone or
in conjunction with any other information, to identify a specific individual or entity, including
any of the following:
(1) a name, Social Security number, date of birth, official government-issued driver's
license or identification number, government passport number, or employer or taxpayer
identification number;
(2) unique electronic identification number, address, account number, or routing code;
or
(3) telecommunication identification information or access device.
deleted text begin (e)deleted text end new text begin (f)new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b), other than a direct victim.
deleted text begin (f)deleted text end new text begin (g)new text end "Loss" means value obtained, as defined in section 609.52, subdivision 1, clause
(3), and expenses incurred by a direct or indirect victim as a result of a violation of this
section.
deleted text begin (g)deleted text end new text begin (h)new text end "Unlawful activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar law
of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.
deleted text begin (h)deleted text end new text begin (i)new text end "Scanning device" means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on a computer chip or magnetic strip or stripe of a payment card,
driver's license, or state-issued identification card.
deleted text begin (i)deleted text end new text begin (j)new text end "Reencoder" means an electronic device that places encoded information from the
computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued
identification card, onto the computer chip or magnetic strip or stripe of a different payment
card, driver's license, or state-issued identification card, or any electronic medium that
allows an authorized transaction to occur.
deleted text begin (j)deleted text end new text begin (k)new text end "Payment card" means a credit card, charge card, debit card, or any other card
that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.527, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Release of limited account information to law enforcement authorities. new text end
new text begin
(a)
A financial institution may release the information described in paragraph (b) to a law
enforcement or prosecuting authority that certifies in writing that it is investigating or
prosecuting a crime of identity theft under this section. The certification must describe with
reasonable specificity the nature of the suspected identity theft that is being investigated or
prosecuted, including the dates of the suspected criminal activity.
new text end
new text begin
(b) This subdivision applies to requests for the following information relating to a
potential victim's account:
new text end
new text begin
(1) the name of the account holder or holders; and
new text end
new text begin
(2) the last known home address and telephone numbers of the account holder or holders.
new text end
new text begin
(c) A financial institution may release the information requested under this subdivision
that it possesses within a reasonable time after the request. The financial institution may
not impose a fee for furnishing the information.
new text end
new text begin
(d) A financial institution is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
new text end
new text begin
(e) Release of limited account information to a law enforcement agency under this
subdivision is criminal investigative data under section 13.82, subdivision 7, except that
when the investigation becomes inactive the account information remains confidential data
on individuals or protected nonpublic data.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2022, section 626.14, subdivision 2, is amended to read:
Subd. 2.
Definition.
For the purposes of this section, "no-knock search warrant" means
a search warrant authorizing peace officers to enter deleted text begin certain premisesdeleted text end new text begin a dwellingnew text end without
first deleted text begin knocking anddeleted text end new text begin loudly and understandably new text end announcing the officer's presence or purpose
new text begin and waiting a reasonable amount of time thereafter new text end prior to entering the deleted text begin premisesdeleted text end new text begin dwelling
to allow the subject to become alert and able to complynew text end . No-knock search warrants may
also be referred to as dynamic entry warrants.
Sec. 6.
Minnesota Statutes 2022, section 626.14, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin No-knock search warrants prohibited. new text end
new text begin
A court may not issue or approve a
no-knock search warrant.
new text end
Sec. 7.
Minnesota Statutes 2022, section 626.14, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Execution. new text end
new text begin
If a peace officer enters a dwelling to serve or execute a search
warrant without loudly and understandably announcing the officer's presence or purpose
and waiting a reasonable amount of time thereafter prior to entering the dwelling, any
evidence seized, discovered, or obtained as a result of the entry must be suppressed and
may not be used as evidence unless exigent circumstances or another exception to the warrant
requirement would justify a warrantless entry.
new text end
Sec. 8.
Minnesota Statutes 2022, section 626.15, is amended to read:
626.15 EXECUTION AND RETURN OF WARRANT; TIME.
(a) Except as provided in paragraph deleted text begin (b)deleted text end new text begin (c)new text end , a search warrant must be executed and
returned to the court which issued it within ten days after its date. After the expiration of
this time, the warrant is void unless previously executed.
(b) new text begin A search warrant on a financial institution for financial records is valid for 30 days.
new text end
new text begin (c) new text end A district court judge may grant an extension of deleted text begin adeleted text end new text begin thenew text end warrant deleted text begin on a financial institution
for financial recordsdeleted text end upon an application under oath stating that the financial institution has
not produced the requested financial records within deleted text begin ten daysdeleted text end new text begin the 30-day periodnew text end and that an
extension is necessary to achieve the purposes for which the search warrant was granted.
Each extension may not exceed 30 days.
new text begin (d) new text end For the purposes of this deleted text begin paragraphdeleted text end new text begin sectionnew text end , "financial institution" has the meaning
given in section 13A.01, subdivision 2, and "financial records" has the meaning given in
section 13A.01, subdivision 3.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 9.
Minnesota Statutes 2022, section 626.21, is amended to read:
626.21 RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.
new text begin (a) new text end A person aggrieved by an unlawful search and seizure may move the district court
for the district in which the property was seized or the district court having jurisdiction of
the substantive offense for the return of the property and to suppress the use, as evidence,
of anything so obtained on the ground thatnew text begin :
new text end
(1) the property was illegally seizeddeleted text begin , ordeleted text end new text begin ;
new text end
(2) the property was illegally seized without warrantdeleted text begin , ordeleted text end new text begin ;
new text end
(3) the warrant is insufficient on its facedeleted text begin , ordeleted text end new text begin ;
new text end
(4) the property seized is not that described in the warrantdeleted text begin , ordeleted text end new text begin ;
new text end
(5) there was not probable cause for believing the existence of the grounds on which the
warrant was issueddeleted text begin , ordeleted text end new text begin ;
new text end
(6) the warrant was illegally executeddeleted text begin , ordeleted text end new text begin ;
new text end
(7) the warrant was improvidently issueddeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(8) the warrant was executed or served in violation of section 626.14.
new text end
new text begin (b)new text end The judge shall receive evidence on any issue of fact necessary to the decision of
the motion. If the motion is granted the property shall be restored unless otherwise subject
to lawful detention, and it shall not be admissible in evidence at any hearing or trial. The
motion to suppress evidence may also be made in the district where the trial is to be had.
The motion shall be made before trial or hearing unless opportunity therefor did not exist
or the defendant was not aware of the grounds for the motion, but the court in its discretion
may entertain the motion at the trial or hearing.
Sec. 10.
new text begin
[626.5535] CARJACKING; REPORTING REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "carjacking" means taking a
motor vehicle from a person or in the presence of another while having knowledge of not
being entitled to the motor vehicle and using or threatening the imminent use of force against
any person to overcome the person's resistance or powers of resistance to, or to compel
acquiescence in, the taking of the motor vehicle.
new text end
new text begin Subd. 2. new text end
new text begin Use of information collected. new text end
new text begin
(a) The head of a local law enforcement agency
or state law enforcement department that employs peace officers, as defined in section
626.84, subdivision 1, paragraph (c), must forward the following carjacking information
from the agency's or department's jurisdiction for the previous year to the commissioner of
public safety by January 15 each year:
new text end
new text begin
(1) the number of carjacking attempts;
new text end
new text begin
(2) the number of carjackings;
new text end
new text begin
(3) the ages of the offenders;
new text end
new text begin
(4) the number of persons injured in each offense;
new text end
new text begin
(5) the number of persons killed in each offense; and
new text end
new text begin
(6) weapons used in each offense, if any.
new text end
new text begin
(b) The commissioner of public safety must include the data received under paragraph
(a) in a separate carjacking category in the department's annual uniform crime report.
new text end
Sec. 11.
Minnesota Statutes 2022, section 626A.35, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Exception; stolen motor vehicles. new text end
new text begin
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
new text end
new text begin
(1) the consent of the owner of the vehicle has been obtained; or
new text end
new text begin
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen, and the vehicle is occupied when the tracking device is installed.
new text end
new text begin
(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
new text end
new text begin
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
new text end
new text begin
(e) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
agency that obtains a search warrant under paragraph (b), must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search warrants
the agency obtained under this subdivision in the preceding 12 months. The superintendent
must provide a summary of the data received pursuant to this paragraph in the bureau's
biennial report to the legislature required under section 299C.18.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 626.14, subdivisions 3 and 4,
new text end
new text begin
are repealed.
new text end
ARTICLE 11
POLICING AND PRIVATE SECURITY
Section 1.
Minnesota Statutes 2022, section 13.825, subdivision 2, is amended to read:
Subd. 2.
Data classification; court-authorized disclosure.
(a) Data collected by a
portable recording system are private data on individuals or nonpublic data, subject to the
following:
(1) data that new text begin record, describe, or otherwise new text end document new text begin actions and circumstances
surrounding either new text end the discharge of a firearm by a peace officer in the course of duty, if a
notice is required under section 626.553, subdivision 2, or the use of force by a peace officer
that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are
public;
(2) data are public if a subject of the data requests it be made accessible to the public,
except that, if practicable, (i) data on a subject who is not a peace officer and who does not
consent to the release must be redacted, and (ii) data on a peace officer whose identity is
protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) new text begin subject to paragraphs (b) to (d), new text end portable recording system data that are active criminal
investigative data are governed by section 13.82, subdivision 7, and portable recording
system data that are inactive criminal investigative data are governed by this section;
(4) portable recording system data that are public personnel data under section 13.43,
subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that
classification.
new text begin
(b) Notwithstanding section 13.82, subdivision 7, when an individual dies as a result of
a use of force by a peace officer, an involved officer's law enforcement agency must allow
the following individuals, upon their request, to inspect all portable recording system data,
redacted no more than what is required by law, documenting the incident within five days
of the request, subject to paragraphs (c) and (d):
new text end
new text begin
(1) the deceased individual's next of kin;
new text end
new text begin
(2) the legal representative of the deceased individual's next of kin; and
new text end
new text begin
(3) the other parent of the deceased individual's child.
new text end
new text begin
(c) A law enforcement agency may deny a request to inspect portable recording system
data under paragraph (b) if the agency determines that there is a compelling reason that
inspection would interfere with an active investigation. If the agency denies access under
this paragraph, the chief law enforcement officer must provide a prompt, written denial to
the individual in paragraph (b) who requested the data with a short description of the
compelling reason access was denied and must provide notice that relief may be sought
from the district court pursuant to section 13.82, subdivision 7.
new text end
new text begin
(d) When an individual dies as a result of a use of force by a peace officer, an involved
officer's law enforcement agency shall release all portable recording system data, redacted
no more than what is required by law, documenting the incident no later than 14 days after
the incident, unless the chief law enforcement officer asserts in writing that the public
classification would interfere with an ongoing investigation, in which case the data remain
classified by section 13.82, subdivision 7.
new text end
deleted text begin (b)deleted text end new text begin (e)new text end A law enforcement agency may redact or withhold access to portions of data that
are public under this subdivision if those portions of data are clearly offensive to common
sensibilities.
deleted text begin (c)deleted text end new text begin (f)new text end Section 13.04, subdivision 2, does not apply to collection of data classified by
this subdivision.
deleted text begin (d)deleted text end new text begin (g)new text end Any person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under paragraph (b)
to redact or withhold access to portions of data because the data are clearly offensive to
common sensibilities. The person bringing the action must give notice of the action to the
law enforcement agency and subjects of the data, if known. The law enforcement agency
must give notice to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The court may order that all or part of the data be released
to the public or to the person bringing the action. In making this determination, the court
shall consider whether the benefit to the person bringing the action or to the public outweighs
any harm to the public, to the law enforcement agency, or to a subject of the data and, if
the action is challenging a determination under paragraph (b), whether the data are clearly
offensive to common sensibilities. The data in dispute must be examined by the court in
camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
obtain access to portable recording system data under the Rules of Criminal Procedure.
Sec. 2.
Minnesota Statutes 2022, section 214.10, subdivision 10, is amended to read:
Subd. 10.
Board of Peace Officers Standards and Training; receipt of
complaint.
Notwithstanding the provisions of subdivision 1 to the contrary, when the
executive director or any member of the Board of Peace Officer Standards and Training
produces or receives a written statement or complaint that alleges a violation of a statute or
rule that the board is empowered to enforce, the executive director shall designate the
appropriate law enforcement agency to investigate the complaint and deleted text begin shalldeleted text end new text begin maynew text end order it to
conduct an inquiry into the complaint's allegations. The investigating agency must complete
the inquiry and submit a written summary of it to the executive director within 30 days of
the order for inquiry.
Sec. 3.
Minnesota Statutes 2022, section 326.3311, is amended to read:
326.3311 POWERS AND DUTIES.
The board has the following powers and duties:
(1) to receive and review all applications for private detective and protective agent
licenses;
(2) to approve applications for private detective and protective agent licenses and issue,
or reissue licenses as provided in sections 326.32 to 326.339;
(3) to deny applications for private detective and protective agent licenses if the applicants
do not meet the requirements of sections 326.32 to 326.339; upon denial of a license
application, the board shall notify the applicant of the denial and the facts and circumstances
that constitute the denial; the board shall advise the applicant of the right to a contested case
hearing under chapter 14;
(4) to enforce all laws and rules governing private detectives and protective agents; deleted text begin and
deleted text end
(5) to suspend or revoke the license of a license holder or impose a civil penalty on a
license holder for violations of any provision of sections 326.32 to 326.339 or the rules of
the boarddeleted text begin .deleted text end new text begin ;
new text end
new text begin
(6) to investigate and refer for prosecution all criminal violations by individuals and
entities; and
new text end
new text begin
(7) to investigate and refer for prosecution any individuals and entities operating as
private detectives or protective agents without a license.
new text end
Sec. 4.
Minnesota Statutes 2022, section 326.336, subdivision 2, is amended to read:
Subd. 2.
Identification card.
An identification card must be issued by the license holder
to each employee. The card must be in the possession of the employee to whom it is issued
at all times. The identification card must contain the license holder's name, logo (if any),
address or Minnesota office address, and the employee's photograph and physical description.
The card must be signed by the employee and by the license holder, qualified representative,
or Minnesota office manager.new text begin The card must be presented upon request.
new text end
Sec. 5.
Minnesota Statutes 2022, section 326.3361, subdivision 2, is amended to read:
Subd. 2.
Required contents.
The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment, or evidence that the employee has successfully completed equivalent training
before the start of employmentnew text begin . Notwithstanding any statute or rule to the contrary, this
clause is satisfied if the employee provides a prospective employer with a certificate or a
copy of a certificate demonstrating that the employee successfully completed this training
prior to employment with a different Minnesota licensee and completed this training within
three previous calendar years, or successfully completed this training with a Minnesota
licensee while previously employed with a Minnesota licensee. The certificate or a copy of
the certificate is the property of the employee who completed the training, regardless of
who paid for the training or how training was provided. Upon a current or former employee's
request, a current or former licensed employer must provide a copy of a certificate
demonstrating the employee's successful completion of training to the current or former
employee. The current or former licensed employer must not charge the employee a fee for
a copy of the certificate. The employee who completed the training is entitled to access a
copy of the certificate at no charge according to sections 181.960 to 181.966. A current or
former employer must comply with sections 181.960 to 181.966new text end ;
(2) certification by the board of completion of certified training for a license holder,
qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,
a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours
a year for individuals who are armed with firearms or armed with weapons, which must
include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under
this subdivision.
Sec. 6.
Minnesota Statutes 2022, section 326.3387, subdivision 1, is amended to read:
Subdivision 1.
Basis for action.
The board may revoke or suspend or refuse to issue or
reissue a private detective or protective agent license if:
(1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted
under those sections;
(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the
business of private detective or protective agent;
(3) the license holder has made a false statement in an application submitted to the board
or in a document required to be submitted to the board; deleted text begin or
deleted text end
(4) the license holder violates an order of the boardnew text begin ; or
new text end
new text begin (5) the individual or entity previously operated without a licensenew text end .
Sec. 7.
Minnesota Statutes 2022, section 626.5531, subdivision 1, is amended to read:
Subdivision 1.
Reports required.
A peace officer must report to the head of the officer's
department every violation of chapter 609 or a local criminal ordinance if the officer has
reason to believe, or if the victim alleges, that the deleted text begin offender was motivated to commit thedeleted text end
act deleted text begin bydeleted text end new text begin was committed in whole or in substantial part because ofnew text end the victim's new text begin actual or
perceived new text end race, new text begin color, ethnicity, new text end religion, deleted text begin national origin,deleted text end sex, new text begin gender, sexual orientation,
gender identity, gender expression, new text end age, new text begin national origin, or new text end disabilitynew text begin as defined in section
363A.03new text end , or deleted text begin characteristics identified as sexual orientationdeleted text end new text begin because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03new text end . The superintendent of the
Bureau of Criminal Apprehension shall adopt a reporting form to be used by law enforcement
agencies in making the reports required under this section. The reports must include for
each incident all of the following:
(1) the date of the offense;
(2) the location of the offense;
(3) whether the target of the incident is a person, private property, or public property;
(4) the crime committed;
(5) the type of bias and information about the offender and the victim that is relevant to
that bias;
(6) any organized group involved in the incident;
(7) the disposition of the case;
(8) whether the determination that the offense was motivated by bias was based on the
officer's reasonable belief or on the victim's allegation; and
(9) any additional information the superintendent deems necessary for the acquisition
of accurate and relevant data.
Sec. 8.
Minnesota Statutes 2022, section 626.843, is amended by adding a subdivision to
read:
new text begin Subd. 1c. new text end
new text begin Rules governing certain misconduct. new text end
new text begin
No later than January 1, 2024, the
board must adopt rules under chapter 14 that permit the board to take disciplinary action
on a licensee for a violation of a standard of conduct in Minnesota Rules, chapter 6700,
whether or not criminal charges have been filed and in accordance with the evidentiary
standards and civil processes for boards under chapter 214.
new text end
Sec. 9.
Minnesota Statutes 2022, section 626.8432, subdivision 1, is amended to read:
Subdivision 1.
Grounds for revocation, suspension, or denial.
(a) The board may
refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure,
or revoke a peace officer or part-time peace officer license for any of the following causes:
(1) fraud or misrepresentation in obtaining a license;
(2) failure to meet licensure requirements; deleted text begin or
deleted text end
(3)new text begin a violation of section 626.8436, subdivision 1; or
new text end
new text begin (4)new text end a violation of the standards of conduct set forth in Minnesota Rules, chapter 6700.
(b) Unless otherwise provided by the board, a revocation or suspension applies to each
license, renewal, or reinstatement privilege held by the individual at the time final action
is taken by the board. A person whose license or renewal privilege has been suspended or
revoked shall be ineligible to be issued any other license by the board during the pendency
of the suspension or revocation.
Sec. 10.
new text begin
[626.8436] HATE OR EXTREMIST GROUPS.
new text end
new text begin Subdivision 1. new text end
new text begin Prohibition. new text end
new text begin
(a) A peace officer may not join, support, advocate for,
maintain membership, or participate in the activities of:
new text end
new text begin
(1) a hate or extremist group; or
new text end
new text begin
(2) a criminal gang as defined in section 609.229, subdivision 1.
new text end
new text begin
(b) This section does not apply when the conduct is sanctioned by the law enforcement
agency as part of the officer's official duties.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) "Hate or extremist group" means a group that, as demonstrated
by its official statements or principles, the statements of its leaders or members, or its
activities:
new text end
new text begin
(1) promotes the use of threats, force, violence, or criminal activity:
new text end
new text begin
(i) against a local, state, or federal entity, or the officials of such an entity;
new text end
new text begin
(ii) to deprive, or attempt to deprive, individuals of their civil rights under the Minnesota
or United States Constitution; or
new text end
new text begin
(iii) to achieve goals that are political, religious, discriminatory, or ideological in nature;
new text end
new text begin
(2) promotes seditious activities; or
new text end
new text begin
(3) advocates for differences in the right to vote, speak, assemble, travel, or maintain
citizenship based on a person's perceived race, color, creed, religion, national origin,
disability, sex, sexual orientation, gender identity, public assistance status, or any protected
class as defined in Minnesota Statutes or federal law.
new text end
new text begin
(b) For the purposes of this section, advocacy, membership, or participation in a hate or
extremist group or criminal gang is demonstrated by:
new text end
new text begin
(1) dissemination of material that promotes:
new text end
new text begin
(i) the use of threats, force, violence, or criminal activity;
new text end
new text begin
(ii) seditious activities; or
new text end
new text begin
(iii) the objectives described in paragraph (a), clause (3);
new text end
new text begin
(2) engagement in cyber or social media posts, chats, forums, and other forms of
promotion of the group's activities;
new text end
new text begin
(3) display or use of insignia, colors, tattoos, hand signs, slogans, or codes associated
with the group;
new text end
new text begin
(4) direct financial or in-kind contributions to the group;
new text end
new text begin
(5) a physical or cyber presence in the group's events; or
new text end
new text begin
(6) other conduct that could reasonably be considered support, advocacy, or participation
in the group's activities.
new text end
Sec. 11.
Minnesota Statutes 2022, section 626.8451, subdivision 1, is amended to read:
Subdivision 1.
Training course; crimes motivated by bias.
new text begin (a) new text end The board must deleted text begin prepare
adeleted text end new text begin approve a list ofnew text end training deleted text begin coursedeleted text end new text begin coursesnew text end to assist peace officers in identifying deleted text begin anddeleted text end new text begin ,new text end
responding tonew text begin , and reportingnew text end crimes deleted text begin motivateddeleted text end deleted text begin bydeleted text end new text begin committed in whole or in substantial part
because ofnew text end the victim's new text begin or another's actual or perceived new text end race, new text begin color, ethnicity, new text end religion,
deleted text begin national origin,deleted text end sex, new text begin gender, sexual orientation, gender identity, gender expression, new text end age,
new text begin national origin, or new text end disabilitynew text begin as defined in section 363A.03new text end , or deleted text begin characteristics identified as
sexual orientationdeleted text end new text begin because of the victim's actual or perceived association with another person
or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or disability as defined
in section 363A.03new text end . The course must include material to help officers distinguish bias crimes
from other crimes, to help officers in understanding and assisting victims of these crimes,
and to ensure that bias crimes will be accurately reported as required under section 626.5531.
The deleted text begin course must be updated periodicallydeleted text end new text begin board must review the approved courses every
three years and update the list of approved courses new text end as the boardnew text begin , in consultation with
communities most targeted by hate crimes because of their characteristics as described
above, organizations with expertise in providing training on hate crimes, and the statewide
coalition of organizations representing communities impacted by hate crimes ,new text end considers
appropriate.
new text begin
(b) In updating the list of approved training courses described in paragraph (a), the board
must consult and significantly incorporate input from communities most targeted by hate
crimes because of their characteristics as described in paragraph (a), organizations with
expertise in providing training on hate crimes, and the statewide coalition of organizations
representing communities impacted by hate crimes.
new text end
Sec. 12.
Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Data to be shared with board. new text end
new text begin
(a) Upon receiving written notice that the board
is investigating any allegation of misconduct within its regulatory authority, a chief law
enforcement officer, city, county, or public official must cooperate with the board's
investigation and any data request from the board.
new text end
new text begin
(b) Upon written request from the board that a matter alleging misconduct within its
regulatory authority has occurred regarding a licensed peace officer, a chief law enforcement
officer, city, county, or public official shall provide the board with all requested public and
private data about the alleged misconduct involving the licensed peace officer, including
any pending or final disciplinary or arbitration proceeding, any settlement or compromise,
and any investigative files including but not limited to body worn camera or other audio or
video files. Confidential data must only be disclosed when the board specifies that the
particular identified data is necessary to fulfill its investigatory obligation concerning an
allegation of misconduct within its regulatory authority.
new text end
new text begin
(c) If a licensed peace officer is discharged or resigns from employment after engaging
in any conduct that initiates and results in an investigation of alleged misconduct within the
board's regulatory authority, regardless of whether the licensee was criminally charged or
an administrative or internal affairs investigation was commenced or completed, a chief
law enforcement officer must report the conduct to the board and provide the board with
all public and not public data requested under paragraph (b). If the conduct involves the
chief law enforcement officer, the overseeing city, county, or public official must report
the conduct to the board and provide the board with all public and not public data requested
under paragraph (b).
new text end
new text begin
(d) Data obtained by the board shall be classified and governed as articulated in sections
13.03, subdivision 4, and 13.09, as applicable.
new text end
new text begin
(e) A chief law enforcement officer, city, county, or public official is not required to
comply with this subdivision when there is an active criminal investigation or active criminal
proceeding regarding the same incident or misconduct that is being investigated by the
board.
new text end
Sec. 13.
Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Immunity from liability. new text end
new text begin
A chief law enforcement officer, city, county, or
public official and employees of the law enforcement agency are immune from civil or
criminal liability, including any liability under chapter 13, for reporting or releasing public
or not public data to the board under subdivisions 3 and 4, unless the chief law enforcement
officer, city, county, or public official or employees of the law enforcement agency presented
false information to the board with the intention of causing reputational harm to the peace
officer.
new text end
Sec. 14.
Minnesota Statutes 2022, section 626.8469, subdivision 1, is amended to read:
Subdivision 1.
In-service training required.
(a) Beginning July 1, 2018, the chief law
enforcement officer of every state and local law enforcement agency shall provide in-service
training in crisis intervention and mental illness crises; conflict management and mediation;
deleted text begin anddeleted text end recognizing and valuing community diversity and cultural differences to include implicit
bias trainingnew text begin ; and training to assist peace officers in identifying, responding to, and reporting
incidents committed in whole or in substantial part because of the victim's actual or perceived
race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03, or because of
the victim's actual or perceived association with another person or group of a certain actual
or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end to every
peace officer and part-time peace officer employed by the agency. The training shall comply
with learning objectives developed and approved by the board and shall meet board
requirements for board-approved continuing education credit. new text begin Every three years the board
shall review the learning objectives and must consult and collaborate with communities
most targeted by hate crimes because of their characteristics as described above, organizations
with expertise in providing training on hate crimes, and the statewide coalition of
organizations representing communities impacted by hate crimes in identifying appropriate
objectives and training courses related to identifying, responding to, and reporting incidents
committed in whole or in substantial part because of the victim's or another's actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03, or
because of the victim's actual or perceived association with another person or group of a
certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03. new text end The training shall consist of at least 16 continuing education credits within an
officer's three-year licensing cycle. Each peace officer with a license renewal date after June
30, 2018, is not required to complete this training until the officer's next full three-year
licensing cycle.
(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided
by an approved entity. The board shall create a list of approved entities and training courses
and make the list available to the chief law enforcement officer of every state and local law
enforcement agency. Each peace officer (1) with a license renewal date before June 30,
2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021,
is not required to receive this training by an approved entity until the officer's next full
three-year licensing cycle.
(c) For every peace officer and part-time peace officer with a license renewal date of
June 30, 2022, or later, the training mandated under paragraph (a) must:
(1) include a minimum of six hours for crisis intervention and mental illness crisis
training that meets the standards established in subdivision 1a; and
(2) include a minimum of four hours to ensure safer interactions between peace officers
and persons with autism in compliance with section 626.8474.
Sec. 15.
Minnesota Statutes 2022, section 626.8473, subdivision 3, is amended to read:
Subd. 3.
Written policies and procedures required.
(a) The chief officer of every state
and local law enforcement agency that uses or proposes to use a portable recording system
must establish and enforce a written policy governing its use. In developing and adopting
the policy, the law enforcement agency must provide for public comment and input as
provided in subdivision 2. Use of a portable recording system without adoption of a written
policy meeting the requirements of this section is prohibited. The written policy must be
posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate new text begin and require compliance with new text end the
following:
(1) the requirements of section 13.825 and other data classifications, access procedures,
retention policies, and data security safeguards that, at a minimum, meet the requirements
of chapter 13 and other applicable lawnew text begin . The policy must prohibit altering, erasing, or
destroying any recording made with a peace officer's portable recording system or data and
metadata related to the recording prior to the expiration of the applicable retention period
under section 13.825, subdivision 3, except that the full, unedited, and unredacted recording
of a peace officer using deadly force must be maintained indefinitelynew text end ;
(2) new text begin mandate that a portable recording system be:
new text end
new text begin
(i) worn where it affords an unobstructed view, and above the mid-line of the waist;
new text end
new text begin
(ii) activated during all contacts with citizens in the performance of official duties other
than community engagement, to the extent practical without compromising officer safety;
and
new text end
new text begin
(iii) activated when the officer arrives on scene of an incident and remain active until
the conclusion of the officer's duties at the scene of the incident;
new text end
new text begin
(3) mandate that officers assigned a portable recording system wear and operate the
system in compliance with the agency's policy adopted under this section while performing
law enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
new text end
new text begin
(4) mandate that, notwithstanding any law to the contrary, when an individual dies as a
result of a use of force by a peace officer, an involved officer's law enforcement agency
must allow the following individuals, upon their request, to inspect all portable recording
system data, redacted no more than what is required by law, documenting the incident within
five days of the request, except as otherwise provided in this clause and clause (5):
new text end
new text begin
(i) the deceased individual's next of kin;
new text end
new text begin
(ii) the legal representative of the deceased individual's next of kin; and
new text end
new text begin
(iii) the other parent of the deceased individual's child.
new text end
new text begin
A law enforcement agency may deny a request if the agency determines that there is a
compelling reason that inspection would interfere with an active investigation. If the agency
denies access, the chief law enforcement officer must provide a prompt, written denial to
the individual who requested the data with a short description of the compelling reason
access was denied and must provide notice that relief may be sought from the district court
pursuant to section 13.82, subdivision 7;
new text end
new text begin
(5) mandate that, when an individual dies as a result of a use of force by a peace officer,
an involved officer's law enforcement agency shall release all portable recording system
data, redacted no more than what is required by law, documenting the incident no later than
14 days after the incident, unless the chief law enforcement officer asserts in writing that
the public classification would interfere with an ongoing investigation, in which case the
data remain classified by section 13.82, subdivision 7;
new text end
new text begin (6) new text end procedures for testing the portable recording system to ensure adequate functioning;
deleted text begin (3)deleted text end new text begin (7)new text end procedures to address a system malfunction or failure, including requirements
for documentation by the officer using the system at the time of a malfunction or failure;
deleted text begin (4)deleted text end new text begin (8)new text end circumstances under which recording is mandatory, prohibited, or at the discretion
of the officer using the system;
deleted text begin (5)deleted text end new text begin (9)new text end circumstances under which a data subject must be given notice of a recording;
deleted text begin (6)deleted text end new text begin (10)new text end circumstances under which a recording may be ended while an investigation,
response, or incident is ongoing;
deleted text begin (7)deleted text end new text begin (11)new text end procedures for the secure storage of portable recording system data and the
creation of backup copies of the data; and
deleted text begin (8)deleted text end new text begin (12)new text end procedures to ensure compliance and address violations of the policy, which
must include, at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section 13.09.
new text begin
(c) The board has authority to inspect state and local law enforcement agency policies
to ensure compliance with this section. The board may conduct this inspection based upon
a complaint it receives about a particular agency or through a random selection process.
The board may impose licensing sanctions and seek injunctive relief under section 214.11
for an agency's or licensee's failure to comply with this section.
new text end
Sec. 16.
new text begin
[626.8516] INTENSIVE COMPREHENSIVE PEACE OFFICER
EDUCATION AND TRAINING PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; title. new text end
new text begin
A program is established within the Department
of Public Safety to fund the intensive comprehensive law enforcement education and training
of college degree holders. The program shall be known as the intensive comprehensive
peace officer education and training program.
new text end
new text begin Subd. 2. new text end
new text begin Purpose. new text end
new text begin
The program is intended to address the critical shortage of peace
officers in the state. The program shall reimburse law enforcement agencies that recruit,
educate, and train highly qualified college graduates to become licensed peace officers in
the state.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility for reimbursement grant; grant cap. new text end
new text begin
(a) The chief law enforcement
officer of a law enforcement agency may apply to the commissioner for reimbursement of
the cost of educating, training, paying, and insuring an eligible peace officer candidate until
the candidate is licensed by the board as a peace officer.
new text end
new text begin
(b) The commissioner must reimburse an agency for the actual cost of educating, training,
paying, and insuring an eligible peace officer candidate up to $50,000.
new text end
new text begin
(c) The commissioner shall not award a grant under this section until the candidate has
been licensed by the board.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility for retention bonus reimbursement grant. new text end
new text begin
(a) The chief law
enforcement officer of a law enforcement agency may apply to the commissioner for a
onetime reimbursement grant for a retention bonus awarded to an eligible peace officer
candidate after the candidate has worked for a minimum of two years as a licensed peace
officer for the applicant's agency.
new text end
new text begin
(b) The commissioner must reimburse an agency for the actual cost of an eligible retention
bonus up to $10,000.
new text end
new text begin Subd. 5. new text end
new text begin Eligibility for student loan reimbursement grant. new text end
new text begin
(a) An eligible peace officer
candidate, after serving for ....... consecutive years as a licensed peace officer in good
standing for a law enforcement agency, may apply to the commissioner for a grant to cover
student loan debt incurred by the applicant in earning the applicant's two- or four-year
degree.
new text end
new text begin
(b) The commissioner shall reimburse the applicant for the amount of the applicant's
student loan debt up to $20,000.
new text end
new text begin Subd. 6. new text end
new text begin Forms. new text end
new text begin
The commissioner must prepare the necessary grant application forms
and make them available on the agency's public website.
new text end
new text begin Subd. 7. new text end
new text begin Intensive education and skills training program. new text end
new text begin
No later than February 1,
2024, the commissioner, in consultation with the executive director of the board and the
institutions designated as education providers under subdivision 8, shall develop an intensive
comprehensive law enforcement education and skills training curriculum that will provide
eligible peace officer candidates with the law enforcement education and skills training
needed to be licensed as a peace officer. The curriculum must be designed to be completed
in eight months or less and shall be offered at the institutions designated under subdivision
8. The curriculum may overlap, coincide with, or draw upon existing law enforcement
education and training programs at institutions designated as education providers under
subdivision 8. The commissioner may designate existing law enforcement education and
training programs that are designed to be completed in eight months or less as intensive
comprehensive law enforcement education and skills training programs for purposes of this
section.
new text end
new text begin Subd. 8. new text end
new text begin Education providers; sites. new text end
new text begin
(a) No later than September 1, 2023, the Board
of Trustees of the Minnesota State Colleges and Universities shall designate at least two
regionally diverse system campuses to provide the required intensive comprehensive law
enforcement education and skills training to eligible peace officer candidates.
new text end
new text begin
(b) In addition to the campuses designated under paragraph (a), the commissioner may
designate private, nonprofit postsecondary institutions to provide the required intensive
comprehensive law enforcement education and skills training to eligible peace officer
candidates.
new text end
new text begin Subd. 9. new text end
new text begin Account established. new text end
new text begin
An intensive comprehensive peace officer education and
training program account is created in the special revenue fund for depositing money
appropriated to or received by the department for this program. Money deposited in the
account is appropriated to the commissioner, does not cancel, and is continuously available
to fund the requirements of this section.
new text end
new text begin Subd. 10. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of public safety.
new text end
new text begin
(c) "Eligible peace officer candidate" means a person who:
new text end
new text begin
(1) holds a two- or four-year degree from an accredited college or university;
new text end
new text begin
(2) is a citizen of the United States;
new text end
new text begin
(3) passed a thorough background check, including searches by local, state, and federal
agencies, to disclose the existence of any criminal record or conduct which would adversely
affect the candidate's performance of peace officer duties;
new text end
new text begin
(4) possesses a valid Minnesota driver's license or, in case of residency therein, a valid
driver's license from another state, or eligibility to obtain either license; and
new text end
new text begin
(5) is sponsored by a state or local law enforcement agency.
new text end
new text begin
(d) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1,
paragraph (f), clause (1).
new text end
new text begin
(e) "Program" means the intensive comprehensive peace officer education and training
program.
new text end
Sec. 17.
Minnesota Statutes 2022, section 626.87, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Background checks. new text end
new text begin
(a) The law enforcement agency must request a criminal
history background check from the superintendent of the Bureau of Criminal Apprehension
on an applicant for employment as a licensed peace officer or an applicant for a position
leading to employment as a licensed peace officer within the state of Minnesota to determine
eligibility for licensing. Applicants must provide, for submission to the superintendent of
the Bureau of Criminal Apprehension:
new text end
new text begin
(1) an executed criminal history consent form, authorizing the dissemination of state
and federal records to the law enforcement agency and the Board of Peace Officer Standards
and Training and fingerprints; and
new text end
new text begin
(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
new text end
new text begin
(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange the applicant's fingerprints with the Federal
Bureau of Investigation to obtain their national criminal history record information. The
superintendent must return the results of the Minnesota and federal criminal history records
checks to the law enforcement agency who is authorized to share with the Board of Peace
Officer Standards and Training to determine if the individual is eligible for licensing under
Minnesota Rules, chapter 6700.
new text end
Sec. 18.
Minnesota Statutes 2022, section 626.87, subdivision 2, is amended to read:
Subd. 2.
Disclosure of employment information.
Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1new text begin or who is a candidate for employment with a law enforcement agency in any
other capacitynew text end . The request for disclosure of employment information must be in writing,
must be accompanied by an deleted text begin originaldeleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begin a sworn peace officer or otherdeleted text end new text begin annew text end authorized
representative of the law enforcement agency conducting the background investigation.
Sec. 19.
Minnesota Statutes 2022, section 626.87, subdivision 3, is amended to read:
Subd. 3.
Refusal to disclose a personnel record.
If an employer refuses to disclose
employment information in accordance with this section, upon request the district court
may issue an ex parte order directing the disclosure of the employment information. The
request must be made by deleted text begin a sworn peace officerdeleted text end new text begin an authorized representativenew text end from the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text begin originaldeleted text end request for disclosure made upon the employer or former employer and the
authorization and release signed by the employee or former employee. The request must be
signed by the deleted text begin peace officerdeleted text end new text begin personnew text end requesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation is being
conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person new text begin or entity new text end who fails
to comply to civil or criminal contempt of court.
Sec. 20.
Minnesota Statutes 2022, section 626.87, subdivision 5, is amended to read:
Subd. 5.
Notice of investigation.
Upon initiation of a background investigation deleted text begin under
this sectiondeleted text end new text begin for a person described in subdivision 1new text end , the law enforcement agency shall give
written notice to the Peace Officer Standards and Training Board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's
standards for employment as a law enforcement employee.
Sec. 21.
Minnesota Statutes 2022, section 626.89, subdivision 17, is amended to read:
Subd. 17.
Civilian review.
new text begin
(a) As used in this subdivision, the following terms have the
meanings given:
new text end
new text begin
(1) "civilian oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian oversight of a
law enforcement agency and officers employed by the agency; and
new text end
new text begin
(2) "misconduct" means a violation of law, standards promulgated by the Peace Officer
Standards and Training Board, or agency policy.
new text end
new text begin (b) A local unit of government may establish new text end a civilian deleted text begin review board, commission, or
otherdeleted text end oversight deleted text begin body shall not havedeleted text end new text begin council and grant the councilnew text end the authority to make a
finding of fact or determination regarding a complaint against an officer or impose discipline
on an officer. deleted text begin A civilian review board, commission, or other oversight body may make a
recommendation regarding the merits of a complaint, however, the recommendation shall
be advisory only and shall not be binding on nor limit the authority of the chief law
enforcement officer of any unit of government.
deleted text end
new text begin
(c) At the conclusion of any criminal investigation or prosecution, if any, a civilian
oversight council may conduct an investigation into allegations of peace officer misconduct
and retain an investigator to facilitate an investigation. Subject to other applicable law, a
council may subpoena or compel testimony and documents in an investigation. Upon
completion of an investigation, a council may make a finding of misconduct and recommend
appropriate discipline against peace officers employed by the agency. If the governing body
grants a council the authority, the council may impose discipline on peace officers employed
by the agency. A council may submit investigation reports that contain findings of peace
officer misconduct to the chief law enforcement officer and the Peace Officer Standards
and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer Standards and
Training Board.
new text end
new text begin
(d) The chief law enforcement officer of a law enforcement agency under the jurisdiction
of a civilian oversight council shall cooperate with the council and facilitate the council's
achievement of its goals. However, the officer is under no obligation to agree with individual
recommendations of the council and may oppose a recommendation. If the officer fails to
implement a recommendation that is within the officer's authority, the officer shall inform
the council of the failure along with the officer's underlying reasons.
new text end
new text begin
(e) Peace officer discipline decisions imposed pursuant to the authority granted under
this subdivision shall be subject to the applicable grievance procedure established or agreed
to under chapter 179A.
new text end
new text begin
(f) Data collected, created, received, maintained, or disseminated by a civilian oversight
council related to an investigation of a peace officer are personnel data as defined by section
13.43, subdivision 1, and are governed by that section.
new text end
Sec. 22.
Minnesota Statutes 2022, section 626.90, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
a law enforcement agency function conferred by this section, to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution; and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) The band deleted text begin shalldeleted text end new text begin may new text end enter into mutual aid/cooperative agreements with the Mille
Lacs County sheriff under section 471.59 to define and regulate the provision of law
enforcement services under this section. deleted text begin The agreements must define the trust property
involved in the joint powers agreement.
deleted text end
(c) new text begin Only if the requirements of paragraph (a) are met, new text end the band shall have concurrent
jurisdictional authority under this section with the Mille Lacs County Sheriff's Department
deleted text begin only if the requirements of paragraph (a) are met and under the following circumstances:
deleted text end
deleted text begin (1)deleted text end over all persons in the geographical boundaries of the deleted text begin property held by the United
States in trust for the Mille Lacs Band or the Minnesota Chippewa tribe;
deleted text end
deleted text begin (2) over all Minnesota Chippewa tribal members within the boundaries of thedeleted text end Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesotadeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) concurrent jurisdiction over any person who commits or attempts to commit a crime
in the presence of an appointed band peace officer within the boundaries of the Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesota.
deleted text end
Sec. 23.
Minnesota Statutes 2022, section 626.91, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The community has the powers of a law
enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the
requirements of clauses (1) to (4) are met:
(1) the community agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the community further agrees, notwithstanding section
16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from
this liability;
(2) the community files with the Board of Peace Officer Standards and Training a bond
or certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the community files with the Board of Peace Officer Standards and Training a
certificate of insurance for liability of its law enforcement officers, employees, and agents
for lawsuits under the United States Constitution; and
(4) the community agrees to be subject to section 13.82 and any other laws of the state
relating to data practices of law enforcement agencies.
(b) The community deleted text begin shalldeleted text end new text begin maynew text end enter into an agreement under section 471.59 with the
Redwood County sheriff to define and regulate the provision of law enforcement services
under this section and to provide for mutual aid and cooperation. new text begin If entered, new text end the agreement
must identify and describe the trust property involved in the agreement. For purposes of
entering into this agreement, the community shall be considered a "governmental unit" as
that term is defined in section 471.59, subdivision 1.
Sec. 24.
Minnesota Statutes 2022, section 626.91, subdivision 4, is amended to read:
Subd. 4.
Peace officers.
If the community complies with the requirements set forth in
subdivision 2, new text begin paragraph (a), new text end the community is authorized to appoint peace officers, as
defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace
officers employed by the Redwood County sheriff over the persons and the geographic
areas described in subdivision 3.
Sec. 25.
Minnesota Statutes 2022, section 626.92, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims arising out of this
liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount or establishes that liability coverage exists under the Federal
Torts Claims Act, United States Code, title 28, section 1346(b), et al., as extended to the
band pursuant to the Indian Self-Determination and Education Assistance Act of 1975,
United States Code, title 25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution or establishes that liability coverage exists under the
Federal Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended
to the band pursuant to the Indian Self-Determination and Education Assistance Act of
1975, United States Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) deleted text begin By July 1, 1998,deleted text end The band deleted text begin shalldeleted text end new text begin maynew text end enter into written mutual aid or cooperative
agreements with the Carlton County sheriff, the St. Louis County sheriff, and the city of
Cloquet under section 471.59 to define and regulate the provision of law enforcement
services under this section. new text begin If entered, new text end the agreements must define the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Sec. 26.
Minnesota Statutes 2022, section 626.92, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
The band shall have concurrent jurisdictional authority
under this section with the Carlton County and St. Louis County Sheriffs' Departments over
crimes committed within the boundaries of the Fond du Lac Reservation deleted text begin as indicated by
the mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b),
and any exhibits or attachments to those agreementsdeleted text end new text begin if the requirements of subdivision 2,
paragraph (a), are met, regardless of whether a cooperative agreement pursuant to subdivision
2, paragraph (b), is entered intonew text end .
Sec. 27.
Minnesota Statutes 2022, section 626.93, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
If the requirements of subdivision 2 are met deleted text begin and the
tribe enters into a cooperative agreement pursuant to subdivision 4deleted text end , the Tribe deleted text begin shall havedeleted text end new text begin hasnew text end
concurrent jurisdictional authority under this section with the local county sheriff within
the geographical boundaries of the Tribe's reservation to enforce state criminal law.
Sec. 28.
Minnesota Statutes 2022, section 626.93, subdivision 4, is amended to read:
Subd. 4.
Cooperative agreements.
In order to coordinate, define, and regulate the
provision of law enforcement services and to provide for mutual aid and cooperation,
governmental units and the Tribe deleted text begin shalldeleted text end new text begin maynew text end enter into agreements under section 471.59.
For the purposes of entering into these agreements, the Tribe deleted text begin shall bedeleted text end new text begin isnew text end considered a
"governmental unit" as that term is defined in section 471.59, subdivision 1.
Sec. 29. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 626.93, subdivision 7,
new text end
new text begin
is repealed.
new text end
ARTICLE 12
CORRECTIONS POLICY
Section 1.
Minnesota Statutes 2022, section 241.01, subdivision 3a, is amended to read:
Subd. 3a.
Commissioner, powers and duties.
The commissioner of corrections has the
following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care,
custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility
or other facility of the Department of Corrections and to prescribe reasonable conditions
and rules for their employment, conduct, instruction, and discipline within or outside the
facility.new text begin After July 1, 2023, the commissioner shall not allow inmates who have not been
conditionally released from prison, whether on parole, supervised release, work release, or
an early release program, to be housed in correctional facilities that are not owned and
operated by the state, a local unit of government, or a group of local units of government.new text end
Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities
as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and
beneficial to accomplish the purposes of this section, but not to close the Minnesota
Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without
legislative approval. The commissioner may place juveniles and adults at the same state
minimum security correctional facilities, if there is total separation of and no regular contact
between juveniles and adults, except contact incidental to admission, classification, and
mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary
to discharge the functions of the department, including a chief executive officer for each
facility under the commissioner's control who shall serve in the unclassified civil service
and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the
commissioner's powers, duties and responsibilities, subject to the commissioner's control
and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly
establish the priorities of the Department of Corrections. This report shall be submitted to
the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory
committees.
new text begin
(j) To publish, administer, and award grant contracts with state agencies, local units of
government, and other entities for correctional programs embodying rehabilitative concepts,
for restorative programs for crime victims and the overall community, and for implementing
legislative directives.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2022, section 241.021, subdivision 1d, is amended to read:
Subd. 1d.
Public notice of restriction, revocation, or suspension.
If the license of a
facility under this section is revoked or suspended, or use of the facility is restricted for any
reason under a conditional license order,new text begin or a correction order is issued to a facility,new text end the
commissioner shall post the facility, the status of the facility's license, and the reason for
thenew text begin correction order,new text end restriction, revocation, or suspension publicly and on the department's
website.
Sec. 3.
Minnesota Statutes 2022, section 241.021, subdivision 2a, is amended to read:
Subd. 2a.
Affected municipality; notice.
The commissioner must not deleted text begin issuedeleted text end new text begin grantnew text end a
license without giving 30 calendar days' written notice to any affected municipality or other
political subdivision unless the facility has a licensed capacity of six or fewer persons and
is occupied by either the licensee or the group foster home parents. The notification must
be given before the new text begin license is new text end first deleted text begin issuance of a licensedeleted text end new text begin grantednew text end and annually after that time
if annual notification is requested in writing by any affected municipality or other political
subdivision. State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
subdivision 2 until the provisions of this subdivision have been complied with in full.
Sec. 4.
Minnesota Statutes 2022, section 241.021, subdivision 2b, is amended to read:
Subd. 2b.
Licensing; facilities; juveniles from outside state.
The commissioner may
not:
(1) deleted text begin issuedeleted text end new text begin grantnew text end a license under this section to operate a correctional facility for the
detention or confinement of juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity placing the juvenile at the facility
that obligates the entity to pay the educational expenses of the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention
or confinement of juvenile offenders if the facility accepts juveniles who reside outside of
Minnesota without an agreement with the entity placing the juvenile at the facility that
obligates the entity to pay the educational expenses of the juvenile.
Sec. 5.
new text begin
[241.0215] JUVENILE DETENTION FACILITIES; RESTRICTIONS ON
STRIP SEARCHES AND DISCIPLINE.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
This section applies to juvenile facilities licensed by the
commissioner of corrections under section 241.021, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the meanings
given.
new text end
new text begin
(b) "Health care professional" means an individual who is licensed or permitted by a
Minnesota health-related licensing board, as defined in section 214.01, subdivision 2, to
perform health care services in Minnesota within the professional's scope of practice.
new text end
new text begin
(c) "Strip search" means a visual inspection of a juvenile's unclothed breasts, buttocks,
or genitalia.
new text end
new text begin Subd. 3. new text end
new text begin Searches restricted. new text end
new text begin
(a) A staff person working in a facility may not conduct
a strip search unless:
new text end
new text begin
(1) a specific, articulable, and immediate contraband concern is present;
new text end
new text begin
(2) other search techniques and technology cannot be used or have failed to identify the
contraband; and
new text end
new text begin
(3) the facility's chief administrator or designee has reviewed the situation and approved
the strip search.
new text end
new text begin
(b) A strip search must be conducted by:
new text end
new text begin
(1) a health care professional; or
new text end
new text begin
(2) a staff person working in a facility who has received training on trauma-informed
search techniques and other applicable training under Minnesota Rules, chapter 2960.
new text end
new text begin
(c) A strip search must be documented in writing and describe the contraband concern,
summarize other inspection techniques used or considered, and verify the approval from
the facility's chief administrator or, in the temporary absence of the chief administrator, the
staff person designated as the person in charge of the facility. A copy of the documentation
must be provided to the commissioner within 24 hours of the strip search.
new text end
new text begin
(d) Nothing in this section prohibits or limits a strip search as part of a health care
procedure conducted by a health care professional.
new text end
new text begin Subd. 4. new text end
new text begin Discipline restricted. new text end
new text begin
(a) A staff person working in a facility may not discipline
a juvenile by physically or socially isolating the juvenile.
new text end
new text begin
(b) Nothing in this subdivision restricts a facility from isolating a juvenile for the
juvenile's safety, staff safety, or the safety of other facility residents when the isolation is
consistent with rules adopted by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Commissioner action. new text end
new text begin
The commissioner may take any action authorized under
section 241.021, subdivisions 2 and 3, to address a violation of this section.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
(a) By February 15 each year, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy on the use of strip searches and isolation.
new text end
new text begin
(b) The report must consist of summary data from the previous calendar year and must,
at a minimum, include:
new text end
new text begin
(1) how often strip searches were performed;
new text end
new text begin
(2) how often juveniles were isolated;
new text end
new text begin
(3) the length of each period of isolation used and, for juveniles isolated in the previous
year, the total cumulative amount of time that the juvenile was isolated that year; and
new text end
new text begin
(4) any injury to a juvenile related to a strip search or isolation, or both, that was
reportable as a critical incident.
new text end
new text begin
(c) Data in the report must provide information on the demographics of juveniles who
were subject to a strip search and juveniles who were isolated. At a minimum, data must
be disaggregated by age, race, and gender.
new text end
new text begin
(d) The report must identify any facility that performed a strip search or used isolation,
or both, in a manner that did not comply with this section or rules adopted by the
commissioner in conformity with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 6.
Minnesota Statutes 2022, section 241.025, subdivision 1, is amended to read:
Subdivision 1.
Authorization.
The commissioner of corrections may appoint peace
officers, as defined in section 626.84, subdivision 1, paragraph (c), who shall serve in the
classified service subject to the provisions of section 43A.01, subdivision 2, and establish
a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known
as the Department of Corrections Fugitive Apprehension Unit, to perform the duties necessary
to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is deleted text begin limited todeleted text end new text begin primarilynew text end the arrest of Department of Corrections'
discretionary and statutory released violators and Department of Corrections' escapeesnew text begin and
this must be its primary focus. The Department of Corrections Fugitive Apprehension Unit
may respond to a law enforcement agency's request to exercise general law enforcement
duties during the course of official duties by carrying out law enforcement activities at the
direction of the law enforcement agency of jurisdiction. In addition, the unit may investigate
criminal offenses in agency-operated correctional facilities and surrounding propertynew text end .
Sec. 7.
Minnesota Statutes 2022, section 241.025, subdivision 2, is amended to read:
Subd. 2.
Limitations.
The initial processing of a person arrested by the fugitive
apprehension unit for an offense deleted text begin within the agency's jurisdictiondeleted text end is the responsibility of the
fugitive apprehension unit unless otherwise directed by the law enforcement agency with
primary jurisdiction. A subsequent investigation is the responsibility of the law enforcement
agency of the jurisdiction deleted text begin in which a new crime is committeddeleted text end new text begin unless the law enforcement
agency authorizes the fugitive apprehension unit to assume the subsequent investigationnew text end .new text begin
At the request of the primary jurisdiction, the fugitive apprehension unit may assist in
subsequent investigations or law enforcement efforts being carried out by the primary
jurisdiction. Persons arrested for violations that the fugitive apprehension unit determines
are not within the agency's jurisdiction must be referred to the appropriate local law
enforcement agency for further investigation or disposition.
new text end
Sec. 8.
Minnesota Statutes 2022, section 241.025, subdivision 3, is amended to read:
Subd. 3.
Policies.
The fugitive apprehension unit must develop and file all policies
required under state law for law enforcement agencies. The fugitive apprehension unit also
must develop a policy for contacting law enforcement agencies in a city or county before
initiating any fugitive surveillance, investigation, or apprehension within the city or county.
deleted text begin These policies must be filed with the board of peace officers standards and training by
November 1, 2000.deleted text end Revisions of any of these policies must be filed with the board within
ten days of the effective date of the revision. The Department of Corrections shall train all
of its peace officers regarding the application of these policies.
Sec. 9.
Minnesota Statutes 2022, section 241.90, is amended to read:
241.90 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
The Office of Ombudsperson for the Department of Corrections is hereby created. The
ombudsperson shall deleted text begin serve at the pleasure ofdeleted text end new text begin be appointed bynew text end the governor in the unclassified
servicedeleted text begin ,deleted text end new text begin and may be removed only for just cause. The ombudspersonnew text end shall be selected without
regard to political affiliation, and shall be a person highly competent and qualified to analyze
questions of law, administration, and public policy. No person may serve as ombudsperson
while holding any other public office. The ombudsperson for corrections shall be accountable
to the governor and shall have the authority to investigate decisions, acts, and other matters
of the Department of Corrections so as to promote the highest attainable standards of
competence, efficiency, and justice in the administration of corrections.
Sec. 10.
new text begin
[243.95] PRIVATE PRISON CONTRACTS PROHIBITED.
new text end
new text begin
(a) The commissioner may not contract with privately owned and operated prisons for
the care, custody, and rehabilitation of inmates committed to the custody of the commissioner.
new text end
new text begin
(b) Notwithstanding section 43A.047, nothing in this section prohibits the commissioner
from contracting with privately owned residential facilities, such as halfway houses, group
homes, work release centers, or treatment facilities, to provide for the care, custody, and
rehabilitation of inmates who have been released from prison under section 241.26, 244.05,
244.0513, 244.065, or 244.172, or any other form of supervised or conditional release.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
new text begin
[244.049] INDETERMINATE SENTENCE RELEASE BOARD.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; membership. new text end
new text begin
(a) As provided under paragraph (b) and
section 244.05, subdivision 5, the Indeterminate Sentence Release Board is established to
review eligible cases and make release and final discharge decisions for:
new text end
new text begin
(1) inmates serving life sentences with the possibility of parole or supervised release
under sections 243.05, subdivision 1, and 244.05, subdivision 5; and
new text end
new text begin
(2) inmates serving indeterminate sentences for crimes committed on or before April
30, 1980.
new text end
new text begin
(b) Beginning July 1, 2024, the authority to grant discretionary release and final discharge
previously vested in the commissioner under sections 243.05, subdivisions 1, paragraph
(a), and 3; 244.08; and 609.12 is transferred to the board.
new text end
new text begin
(c) The board consists of five members as follows:
new text end
new text begin
(1) four members appointed by the governor from which each of the majority leaders
and minority leaders of the house of representatives and the senate provides two candidate
recommendations for consideration; and
new text end
new text begin
(2) the commissioner, who serves as chair.
new text end
new text begin
(d) Appointed board members must meet the following qualifications, at a minimum:
new text end
new text begin
(1) a law degree or a bachelor's degree in criminology, corrections, or a related social
science;
new text end
new text begin
(2) five years of experience in corrections, a criminal justice or community corrections
field, rehabilitation programming, behavioral health, or criminal law; and
new text end
new text begin
(3) demonstrated knowledge of victim issues and correctional processes.
new text end
new text begin Subd. 2. new text end
new text begin Terms; compensation. new text end
new text begin
(a) Appointed board members serve four-year staggered
terms, but the terms of the initial members are as follows:
new text end
new text begin
(1) two members must be appointed for terms that expire January 1, 2026; and
new text end
new text begin
(2) two members must be appointed for terms that expire January 1, 2028.
new text end
new text begin
(b) An appointed member is eligible for reappointment, and a vacancy must be filled
according to subdivision 1.
new text end
new text begin
(c) For appointed members, compensation and removal are as provided in section 15.0575.
new text end
new text begin Subd. 3. new text end
new text begin Quorum; administrative duties. new text end
new text begin
(a) The majority of members constitutes a
quorum.
new text end
new text begin
(b) An appointed board member must visit at least one state correctional facility every
12 months.
new text end
new text begin
(c) The commissioner must provide the board with personnel, supplies, equipment, office
space, and other administrative services necessary and incident to fulfilling the board's
functions.
new text end
new text begin Subd. 4. new text end
new text begin Limitation. new text end
new text begin
Nothing in this section or section 244.05, subdivision 5:
new text end
new text begin
(1) supersedes the commissioner's authority to set conditions of release or revoke an
inmate's release for violating any of the conditions; or
new text end
new text begin
(2) impairs the power of the Board of Pardons to grant a pardon or commutation in any
case.
new text end
new text begin Subd. 5. new text end
new text begin Report. new text end
new text begin
(a) Beginning February 15, 2025, and each year thereafter, the board
must submit to the legislative committees with jurisdiction over criminal justice policy a
written report that:
new text end
new text begin
(1) details the number of inmates reviewed;
new text end
new text begin
(2) identifies inmates granted release or final discharge in the preceding year; and
new text end
new text begin
(3) provides demographic data of inmates who were granted release or final discharge
and inmates who were denied release or final discharge.
new text end
new text begin
(b) The report must also include the board's recommendations to the commissioner for
policy modifications that influence the board's duties.
new text end
Sec. 12.
Minnesota Statutes 2022, section 244.05, subdivision 2, is amended to read:
Subd. 2.
Rules.
new text begin (a) Notwithstanding section 14.03, subdivision 3, paragraph (b), clause
(1), new text end the commissioner deleted text begin of corrections shalldeleted text end new text begin mustnew text end adopt by rule standards and procedures for
deleted text begin the revocation ofdeleted text end new text begin revokingnew text end supervised or conditional releasedeleted text begin ,deleted text end and deleted text begin shalldeleted text end new text begin mustnew text end specify the
period of revocation for each violation of releasenew text begin except in accordance with subdivision 5,
paragraph (i), for inmates serving life sentencesnew text end .
new text begin (b)new text end Procedures for deleted text begin the revocation ofdeleted text end new text begin revokingnew text end release deleted text begin shalldeleted text end new text begin mustnew text end provide due process of
law for the inmate.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 13.
Minnesota Statutes 2022, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised releasedeleted text begin ,deleted text end new text begin ;new text end life deleted text begin sentencedeleted text end new text begin and indeterminate sentencesnew text end .
(a) The
deleted text begin commissioner of correctionsdeleted text end new text begin boardnew text end may, under rules deleted text begin promulgateddeleted text end new text begin adoptednew text end by the
commissioner, deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole new text end to an inmate serving a mandatory
life sentence deleted text begin under section 609.185, paragraph (a), clause (3), (5), or (6); 609.3455,
subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section 609.109, subdivision 3,deleted text end new text begin :
new text end
new text begin (1)new text end after the inmate has served the minimum term of imprisonment specified in
subdivision 4new text begin or section 243.05, subdivision 1, paragraph (a); or
new text end
new text begin (2) at any time for an inmate serving a nonlife indeterminate sentence for a crime
committed on or before April 30, 1980new text end .
(b) new text begin No earlier than three years before an inmate reaches their minimum term of
imprisonment or parole eligibility date, the commissioner must conduct a formal review
and make programming recommendations relevant to the inmate's release review under this
subdivision.
new text end
new text begin (c) new text end The deleted text begin commissioner shalldeleted text end new text begin board mustnew text end require the preparation of a community
investigation report and deleted text begin shalldeleted text end consider the findings of the report when making a deleted text begin superviseddeleted text end
release new text begin or parole new text end decision under this subdivision. The report deleted text begin shalldeleted text end new text begin must:
new text end
new text begin (1)new text end reflect the sentiment of the various elements of the community toward the inmate,
both at the time of the offense and at the present timedeleted text begin .deleted text end new text begin ;
new text end
deleted text begin The report shalldeleted text end new text begin (2)new text end include the views of the sentencing judge, the prosecutor, any law
enforcement personnel who may have been involved in the case, and any successors to these
individuals who may have information relevant to the deleted text begin superviseddeleted text end release decisiondeleted text begin .deleted text end new text begin ;new text end new text begin and
new text end
deleted text begin The report shall alsodeleted text end new text begin (3)new text end include the views of the victim and the victim's family unless
the victim or the victim's family chooses not to participate.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make reasonable efforts to notify the victim, in
advance, of the time and place of the inmate's deleted text begin superviseddeleted text end release review hearing. The victim
has a right to submit an oral or written statement at the review hearing. The statement may
summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised releasenew text begin or parolenew text end at this
time. deleted text begin The commissioner must consider the victim's statement when making the supervised
release decision.
deleted text end
deleted text begin (d)deleted text end new text begin (e) Supervised release or parole must be granted with a majority vote of the board
members.new text end When considering whether to deleted text begin givedeleted text end new text begin grantnew text end supervised release new text begin or parole new text end to an inmate
serving a life deleted text begin sentence under section 609.3455, subdivision 3 or 4deleted text end new text begin or indeterminate sentencenew text end ,
the deleted text begin commissioner shalldeleted text end new text begin board mustnew text end consider, at a minimum, the following:
new text begin (1)new text end the risk the inmate poses to the community if releaseddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the inmate's progress in treatmentdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the inmate's behavior while incarcerateddeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end psychological or other diagnostic evaluations of the inmatedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end the inmate's criminal historydeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6) a victim statement under paragraph (d), if submitted;new text end and
new text begin (7)new text end any other relevant conduct of the inmate while incarcerated or before incarceration.
new text begin (f)new text end The deleted text begin commissionerdeleted text end new text begin boardnew text end may not deleted text begin givedeleted text end new text begin grantnew text end supervised releasenew text begin or parolenew text end to deleted text begin thedeleted text end new text begin annew text end
inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatmentnew text begin , if applicablenew text end ;
(ii) the inmate has been assessed for substance use disorder needs and, if appropriate,
has successfully completed substance use disorder treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate thatnew text begin :
new text end
new text begin (i)new text end ensures that, after release, the inmate will have suitable housing and receive appropriate
aftercare and community-based treatmentdeleted text begin . The comprehensive plan also must includedeleted text end new text begin ; and
new text end
new text begin (ii) includesnew text end a postprison employment or education plan for the inmate.
deleted text begin
(e)
deleted text end
new text begin
(g) When granting supervised release under this subdivision, the board must set
prerelease conditions to be followed by the inmate before their actual release or before
constructive parole becomes effective. If the inmate violates any of the prerelease conditions,
the commissioner may rescind the grant of supervised release without a hearing at any time
before the inmate's release or before constructive parole becomes effective. A grant of
constructive parole becomes effective once the inmate begins serving the consecutive
sentence.
new text end
new text begin
(h) If the commissioner rescinds a grant of supervised release or parole, the board:
new text end
new text begin
(1) must set a release review date that occurs within 90 days of the commissioner's
rescission; and
new text end
new text begin
(2) by majority vote, may set a new supervised release date or set another review date.
new text end
new text begin
(i) If the commissioner revokes supervised release or parole for an inmate serving a life
sentence, the revocation is not subject to the limitations under section 244.30 and the board:
new text end
new text begin
(1) must set a release review date that occurs within one year of the commissioner's final
revocation decision; and
new text end
new text begin
(2) by majority vote, may set a new supervised release date or set another review date.
new text end
new text begin
(j) The board may, by a majority vote, grant a person on supervised release or parole
for a life or indeterminate sentence a final discharge from their sentence in accordance with
section 243.05, subdivision 3. In no case, however, may a person subject to a mandatory
lifetime conditional release term under section 609.3455, subdivision 7, be discharged from
that term.
new text end
deleted text begin As used indeleted text end new text begin (k) For purposes ofnew text end this subdivisiondeleted text begin ,deleted text end new text begin :
new text end
new text begin
(1) "board" means the Indeterminate Sentence Release Board under section 244.049;
new text end
new text begin
(2) "constructive parole" means the status of an inmate who has been paroled from an
indeterminate sentence to begin serving a consecutive sentence in prison; and
new text end
new text begin (3)new text end "victim" means deleted text begin thedeleted text end new text begin annew text end individual who new text begin has directly new text end suffered new text begin loss or new text end harm deleted text begin as a resultdeleted text end
deleted text begin of thedeleted text end new text begin from annew text end inmate's crime ordeleted text begin , if the individual is deceased, the deceased'sdeleted text end new text begin a murder
victim'snew text end surviving spouse deleted text begin ordeleted text end new text begin ,new text end next of kinnew text begin , or family kinnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
Sec. 14.
Minnesota Statutes 2022, section 260B.176, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Risk-assessment instrument. new text end
new text begin
(a) If a peace officer, probation officer, or
parole officer who takes a child into custody does not release the child according to
subdivision 1, the officer must communicate with or deliver the child to a juvenile secure
detention facility to determine whether the child should be released or detained.
new text end
new text begin
(b) To determine whether a child should be released or detained, a facility's supervisor
must use an objective and racially, ethnically, and gender-responsive juvenile detention
risk-assessment instrument developed by the commissioner of corrections, county, group
of counties, or judicial district, in consultation with the state coordinator or coordinators of
the Minnesota Juvenile Detention Alternative Initiative.
new text end
new text begin
(c) The risk-assessment instrument must:
new text end
new text begin
(1) assess the likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court hearing;
new text end
new text begin
(2) identify the appropriate setting for a child who might endanger others or not return
for a court hearing pending adjudication, with either continued detention or placement in a
noncustodial community-based supervision setting; and
new text end
new text begin
(3) identify the type of noncustodial community-based supervision setting necessary to
minimize the risk that a child who is released from custody will endanger others or not
return for a court hearing.
new text end
new text begin
(d) If, after using the instrument, a determination is made that the child should be released,
the person taking the child into custody or the facility supervisor must release the child
according to subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 15, 2023.
new text end
Sec. 15.
new text begin
[641.015] PLACEMENT IN PRIVATE PRISONS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Placement prohibited. new text end
new text begin
After August 1, 2023, a sheriff shall not allow
inmates committed to the custody of the sheriff who are not on probation, work release, or
some other form of approved release status to be housed in facilities that are not owned and
operated by a local government, or a group of local units of government.
new text end
new text begin Subd. 2. new text end
new text begin Contracts prohibited. new text end
new text begin
(a) Except as provided in paragraph (b), the county
board may not authorize the sheriff to contract with privately owned and operated prisons
for the care, custody, and rehabilitation of offenders committed to the custody of the sheriff.
new text end
new text begin
(b) Nothing in this section prohibits a county board from contracting with privately
owned residential facilities, such as halfway houses, group homes, work release centers, or
treatment facilities, to provide for the care, custody, and rehabilitation of offenders who are
on probation, work release, or some other form of approved release status.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 16.
Minnesota Statutes 2022, section 641.15, subdivision 2, is amended to read:
Subd. 2.
Medical aid.
Except as provided in section 466.101, the county board shall
pay the costs of medical services provided to prisoners pursuant to this section. The amount
paid by the county board for a medical service shall not exceed the maximum allowed
medical assistance payment rate for the service, as determined by the commissioner of
human services. In the absence of a health or medical insurance or health plan that has a
contractual obligation with the provider or the prisoner, medical providers shall charge no
higher than the rate negotiated between the county and the provider. In the absence of an
agreement between the county and the provider, the provider may not charge an amount
that exceeds the maximum allowed medical assistance payment rate for the service, as
determined by the commissioner of human services. The county is entitled to reimbursement
from the prisoner for payment of medical bills to the extent that the prisoner to whom the
medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum,
incur co-payment obligations for health care services provided by a county correctional
facility. The county board shall determine the co-payment amount. Notwithstanding any
law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held
by the county, to the extent possible. If there is a disagreement between the county and a
prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant
shall determine the extent, if any, of the prisoner's ability to pay for the medical services.
If a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, the medical provider shall bill that health or medical insurance or
other plan. If the county providing the medical services for a prisoner that has coverage
under health or medical insurance or other plan, that county has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The county
does not have a right of subrogation against the medical assistance program.new text begin The county
shall not charge prisoners for telephone calls to MNsure navigators, the Minnesota Warmline,
a mental health provider, or calls for the purpose of providing case management or mental
health services as defined in section 245.462 to prisoners.
new text end
Sec. 17.
Minnesota Statutes 2022, section 641.155, is amended to read:
641.155 DISCHARGE PLANSdeleted text begin ; OFFENDERS WITH SERIOUS AND PERSISTENT
MENTAL ILLNESSdeleted text end .
new text begin Subdivision 1. new text end
new text begin Discharge plans. new text end
The commissioner of corrections shall developnew text begin and
distributenew text end a model discharge planning process for every deleted text begin offender with a serious and persistent
mental illness, as defined in section 245.462, subdivision 20, paragraph (c), who has been
convicted and sentenced to serve three or more months and is being released from adeleted text end county
jail or county regional jail.new text begin The commissioner may specify different model discharge plans
for prisoners who have been detained pretrial and prisoners who have been sentenced to
jail. The commissioner must consult best practices and the most current correctional health
care standards from national accrediting organizations. The commissioner must review and
update the model process as needed.
new text end
new text begin Subd. 2. new text end
new text begin Discharge plans for people with serious and persistent mental illnesses. new text end
deleted text begin An
offenderdeleted text end new text begin A personnew text end with a serious and persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), who has been convicted and sentenced to serve three or more
months and is being released from a county jail or county regional jail shall be referred to
the appropriate staff in the county human services department at least 60 days before being
released. The county human services department deleted text begin may carry out provisions of the model
discharge planning process such asdeleted text end new text begin must complete a discharge plan with the prisoner no
less than 14 days before release that may includenew text end :
(1) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
(2) making a referral for case management as outlined under section 245.467, subdivision
4;
(3) providing assistance in obtaining a state photo identification;
(4) securing a timely appointment with a psychiatrist or other appropriate community
mental health providers; and
(5) providing prescriptions for a 30-day supply of all necessary medications.
new text begin Subd. 3. new text end
new text begin Reentry coordination programs. new text end
new text begin
(a) A county may establish a program to
provide services and assist prisoners with reentering the community. Reentry services may
include but are not limited to:
new text end
new text begin
(1) providing assistance in meeting the basic needs of the prisoner immediately after
release including but not limited to provisions for transportation, clothing, food, and shelter;
new text end
new text begin
(2) providing assistance in filling out an application for medical assistance or
MinnesotaCare;
new text end
new text begin
(3) providing assistance in obtaining a state photo identification;
new text end
new text begin
(4) providing assistance in obtaining prescriptions for all necessary medications;
new text end
new text begin
(5) coordinating services with the local county services agency or the social services
agency in the county where the prisoner is a resident; and
new text end
new text begin
(6) coordinating services with a community mental health or substance use disorder
provider.
new text end
Sec. 18. new text begin MENTAL HEALTH UNIT PILOT PROGRAM.
new text end
new text begin
(a) The commissioner of corrections shall establish a pilot program with interested
counties to provide mental health care to individuals with serious and persistent mental
illness who are incarcerated in county jails. The pilot program must require the participating
counties to pay according to Minnesota Statutes, section 243.51, a per diem for
reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park
Heights, and other costs incurred by the Department of Corrections.
new text end
new text begin
(b) The commissioner in consultation with the Minnesota Sheriffs' Association shall
develop program protocols, guidelines, and procedures and qualifications for participating
counties and incarcerated individuals to be treated in the Mental Health Unit. The program
is limited to a total of five incarcerated individuals from the participating counties at any
one time. Incarcerated individuals must volunteer to be treated in the unit and be able to
participate in programming with other incarcerated individuals.
new text end
new text begin
(c) The Minnesota Correctional Facility - Oak Park Heights warden, director of
psychology, and associate director of behavioral health, or a designee of each, in consultation
with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
on Mental Illness, and the Department of Human Services, shall oversee the pilot program.
new text end
new text begin
(d) On November 15, 2024, the warden shall submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
corrections describing the protocols, guidelines, and procedures for participation in the pilot
program by counties and incarcerated individuals, challenges with staffing, cost sharing
with counties, capacity of the program, services provided to the incarcerated individuals,
program outcomes, concerns regarding the program, and recommendations for the viability
of a long-term program.
new text end
new text begin
(e) The pilot program expires November 16, 2024.
new text end
Sec. 19. new text begin REVISED FACILITY PLANS.
new text end
new text begin
The commissioner of corrections must direct any juvenile facility licensed by the
commissioner to revise its plan under Minnesota Rules, part 2960.0270, subpart 6, and its
restrictive-procedures plan under Minnesota Rules, part 2960.0710, subpart 2, to be consistent
with Minnesota Statutes, section 241.0215. After receiving notice from the commissioner,
a facility must submit the revised plans to the commissioner within 60 days.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 20. new text begin RULEMAKING.
new text end
new text begin
(a) The commissioner of corrections must amend Minnesota Rules, chapter 2960, to
enforce the requirements under Minnesota Statutes, section 241.0215, including but not
limited to training, facility audits, strip searches, disciplinary room time, time-outs, and
seclusion. The commissioner may amend the rules to make technical changes and ensure
consistency with Minnesota Statutes, section 241.0215.
new text end
new text begin
(b) In amending or adopting rules according to paragraph (a), the commissioner must
use the exempt rulemaking process under Minnesota Statutes, section 14.386.
Notwithstanding Minnesota Statutes, section 14.386, paragraph (b), a rule adopted under
this section is permanent. After the rule is adopted, the authorization to use the exempt
rulemaking process expires.
new text end
new text begin
(c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and
60, or any other law to the contrary, the joint rulemaking authority with the commissioner
of human services does not apply to rule amendments applicable only to the Department of
Corrections. A rule that is amending jointly administered rule parts must be related to
requirements on strip searches, disciplinary room time, time-outs, and seclusion and be
necessary for consistency with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 21. new text begin REGIONAL AND COUNTY JAILS; STUDY AND REPORT.
new text end
new text begin Subdivision 1. new text end
new text begin Study. new text end
new text begin
The commissioner of corrections must study and make
recommendations on the consolidation or merger of county jails and alternatives to
incarceration for persons experiencing mental health disorders. The commissioner must
engage and solicit feedback from citizens who live in communities served by facilities that
may be impacted by the commissioner's recommendations for the consolidation or merger
of jails. The commissioner must consult with the following individuals on the study and
recommendations:
new text end
new text begin
(1) county sheriffs;
new text end
new text begin
(2) county and city attorneys who prosecute offenders;
new text end
new text begin
(3) chief law enforcement officers;
new text end
new text begin
(4) administrators of county jail facilities; and
new text end
new text begin
(5) district court administrators.
new text end
new text begin
Each party receiving a request for information from the commissioner under this section
shall provide the requested information in a timely manner.
new text end
new text begin Subd. 2. new text end
new text begin Report. new text end
new text begin
The commissioner of corrections must file a report with the chairs and
ranking minority members of the senate and house of representatives committees and
divisions with jurisdiction over public safety and capital investment on the study and
recommendations under subdivision 1 on or before December 1, 2024. The report must, at
a minimum, provide the following information:
new text end
new text begin
(1) the daily average number of offenders incarcerated in each county jail facility:
new text end
new text begin
(i) who are in pretrial detention;
new text end
new text begin
(ii) who cannot afford to pay bail;
new text end
new text begin
(iii) for failure to pay fines and fees;
new text end
new text begin
(iv) for offenses that stem from controlled substance addiction or mental health disorders;
new text end
new text begin
(v) for nonfelony offenses;
new text end
new text begin
(vi) who are detained pursuant to contracts with other authorities; and
new text end
new text begin
(vii) for supervised release and probation violations;
new text end
new text begin
(2) the actual cost of building a new jail facility, purchasing another facility, or repairing
a current facility;
new text end
new text begin
(3) the age of current jail facilities;
new text end
new text begin
(4) county population totals and trends;
new text end
new text begin
(5) county crime rates and trends;
new text end
new text begin
(6) the proximity of current jails to courthouses, probation services, social services,
treatment providers, and work-release employment opportunities;
new text end
new text begin
(7) specific recommendations for alternatives to incarceration for persons experiencing
mental health disorders; and
new text end
new text begin
(8) specific recommendations on the consolidation or merger of county jail facilities
and operations, including:
new text end
new text begin
(i) where consolidated facilities should be located;
new text end
new text begin
(ii) which counties are best suited for consolidation;
new text end
new text begin
(iii) the projected costs of construction, renovation, or purchase of the facility; and
new text end
new text begin
(iv) the projected cost of operating the facility.
new text end
new text begin Subd. 3. new text end
new text begin Evaluation. new text end
new text begin
The commissioner, in consultation with the commissioner of
management and budget, must evaluate the need of any capital improvement project that
requests an appropriation of state capital budget money during an odd-numbered year to
construct a jail facility or for capital improvements to expand the number of incarcerated
offenders at an existing jail facility. The commissioner shall use the report under subdivision
2 to inform the evaluation. The commissioner must submit all evaluations under this
subdivision by January 15 of each even-numbered year to the chairs and ranking minority
members of the senate and house of representatives committees and divisions with jurisdiction
over public safety and capital investment on the study and recommendations under this
subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 22. new text begin INDETERMINATE SENTENCE RELEASE BOARD.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 244.049, subdivision 1, paragraph (a), the
Indeterminate Sentence Release Board may not begin to review eligible cases and make
release and final discharge decisions until July 1, 2024.
new text end
Sec. 23. new text begin REVISOR INSTRUCTION.
new text end
new text begin
When necessary to reflect the transfer under Minnesota Statutes, section 244.049,
subdivision 1, the revisor of statutes must change the term "commissioner" or "commissioner
of corrections" to "Indeterminate Sentence Release Board" or "board" in Minnesota Statutes,
sections 243.05, subdivisions 1, paragraph (a), and 3; 244.08; and 609.12, and make any
other necessary grammatical changes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
ARTICLE 13
MINNESOTA REHABILITATION AND REINVESTMENT ACT
Section 1.
Minnesota Statutes 2022, section 244.03, is amended to read:
244.03 REHABILITATIVE PROGRAMS.
new text begin Subdivision 1. new text end
new text begin Commissioner responsibility. new text end
new text begin (a) For individuals committed to the
commissioner's authority, new text end the commissioner deleted text begin shall provide appropriate mental health programs
and vocational and educational programs with employment-related goals for inmates. The
selection, design and implementation of programs under this section shall be the sole
responsibility of the commissioner, acting within the limitations imposed by the funds
appropriated for such programs.deleted text end new text begin must develop, implement, and provide, as appropriate:
new text end
new text begin
(1) substance use disorder treatment programs;
new text end
new text begin
(2) sexual offender treatment programming;
new text end
new text begin
(3) domestic abuse programming;
new text end
new text begin
(4) medical and mental health services;
new text end
new text begin
(5) spiritual and faith-based programming;
new text end
new text begin
(6) culturally responsive programming;
new text end
new text begin
(7) vocational, employment and career, and educational programming; and
new text end
new text begin
(8) other rehabilitative programs.
new text end
new text begin
(b) While evidence-based programs must be prioritized, selecting, designing, and
implementing programs under this section are the sole responsibility of the commissioner,
acting within the limitations imposed by the funds appropriated for the programs under this
section.
new text end
new text begin Subd. 2. new text end
new text begin Challenge prohibited. new text end
No action challenging the level of expenditures for
new text begin rehabilitative new text end programs authorized under this section, nor any action challenging the selection,
designnew text begin ,new text end or implementation of these programs, including employee assignments, may be
maintained by an inmate in any court in this state.
new text begin Subd. 3. new text end
new text begin Disciplinary sanctions. new text end
The commissioner may impose disciplinary sanctions
deleted text begin upondeleted text end new text begin onnew text end any inmate who refuses to participate in rehabilitative programs.
Sec. 2.
Minnesota Statutes 2022, section 244.05, subdivision 1b, is amended to read:
Subd. 1b.
Supervised release; deleted text begin offendersdeleted text end new text begin inmatesnew text end who commit crimes on or after
August 1, 1993.
(a) Except as provided in subdivisions 4 and 5, every inmate sentenced to
prison for a felony offense committed on or after August 1, 1993, shall serve a supervised
release term upon completion of the inmate's term of imprisonment and any disciplinary
confinement period imposed by the commissioner due to the inmate's violation of any
disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative
program required under section 244.03. The amount of time the inmate serves on supervised
release deleted text begin shall bedeleted text end new text begin isnew text end equal deleted text begin in length to the amount of time remaining indeleted text end new text begin to one-third ofnew text end the
inmate's new text begin fixed new text end executed sentence deleted text begin after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissionerdeleted text end new text begin , less any disciplinary
confinement period imposed by the commissioner and regardless of any earned incentive
release credit applied toward the individual's term of imprisonment under section 244.44new text end .
(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive deleted text begin segregationdeleted text end new text begin restrictive-housingnew text end
confinement, whichever is later. The imposition of a disciplinary confinement period shall
be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for
imposing the disciplinary confinement period and the rights of the inmate in the procedure
shall be those in effect for the imposition of other disciplinary sanctions at each state
correctional institution.
new text begin
(c) For purposes of this subdivision, "earned incentive release credit" has the meaning
given in section 244.41, subdivision 7.
new text end
Sec. 3.
new text begin
[244.40] MINNESOTA REHABILITATION AND REINVESTMENT ACT.
new text end
new text begin
Sections 244.40 to 244.51 may be cited as the "Minnesota Rehabilitation and
Reinvestment Act."
new text end
Sec. 4.
new text begin
[244.41] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For purposes of the act, the terms defined in this section have the
meanings given.
new text end
new text begin Subd. 2. new text end
new text begin Act. new text end
new text begin
"Act" means the Minnesota Rehabilitation and Reinvestment Act.
new text end
new text begin Subd. 3. new text end
new text begin Commissioner. new text end
new text begin
"Commissioner" means the commissioner of corrections.
new text end
new text begin Subd. 4. new text end
new text begin Correctional facility. new text end
new text begin
"Correctional facility" means a state facility under the
direct operational authority of the commissioner but does not include a commissioner-licensed
local detention facility.
new text end
new text begin Subd. 5. new text end
new text begin Direct-cost per diem. new text end
new text begin
"Direct-cost per diem" means the actual nonsalary
expenditures, including encumbrances as of July 31 following the end of the fiscal year,
from the Department of Corrections expense budgets for food preparation; food provisions;
personal support for incarcerated persons, including clothing, linen, and other personal
supplies; transportation; and professional technical contracted health care services.
new text end
new text begin Subd. 6. new text end
new text begin Earned compliance credit. new text end
new text begin
"Earned compliance credit" means a one-month
reduction from the period during active supervision of the supervised release term for every
two months that a supervised individual exhibits compliance with the conditions and goals
of the individual's supervision plan.
new text end
new text begin Subd. 7. new text end
new text begin Earned incentive release credit. new text end
new text begin
"Earned incentive release credit" means credit
that is earned and included in calculating an incarcerated person's term of imprisonment for
completing objectives established by their individualized rehabilitation plan under section
244.42.
new text end
new text begin Subd. 8. new text end
new text begin Earned incentive release savings. new text end
new text begin
"Earned incentive release savings" means
the calculation of the direct-cost per diem multiplied by the number of incarcerated days
saved for the period of one fiscal year.
new text end
new text begin Subd. 9. new text end
new text begin Executed sentence. new text end
new text begin
"Executed sentence" means the total period for which an
incarcerated person is committed to the custody of the commissioner.
new text end
new text begin Subd. 10. new text end
new text begin Incarcerated days saved. new text end
new text begin
"Incarcerated days saved" means the number of
days of an incarcerated person's original term of imprisonment minus the number of actual
days served, excluding days not served due to death or as a result of time earned in the
challenge incarceration program under sections 244.17 to 244.173.
new text end
new text begin Subd. 11. new text end
new text begin Incarcerated person. new text end
new text begin
"Incarcerated person" has the meaning given "inmate"
in section 244.01, subdivision 2.
new text end
new text begin Subd. 12. new text end
new text begin Supervised release. new text end
new text begin
"Supervised release" means the release of an incarcerated
person according to section 244.05.
new text end
new text begin Subd. 13. new text end
new text begin Supervised release term. new text end
new text begin
"Supervised release term" means the period equal
to one-third of the individual's fixed executed sentence, less any disciplinary confinement
period or punitive restrictive-housing confinement imposed under section 244.05, subdivision
1b.
new text end
new text begin Subd. 14. new text end
new text begin Supervision abatement status. new text end
new text begin
"Supervision abatement status" means an end
to active correctional supervision of a supervised individual without effect on the legal
expiration date of the individual's executed sentence less any earned incentive release credit.
new text end
new text begin Subd. 15. new text end
new text begin Term of imprisonment. new text end
new text begin
"Term of imprisonment" has the meaning given in
section 244.01, subdivision 8.
new text end
Sec. 5.
new text begin
[244.42] COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED
REHABILITATION PLAN REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Comprehensive assessment. new text end
new text begin
(a) The commissioner must develop a
comprehensive assessment process for each person who:
new text end
new text begin
(1) is committed to the commissioner's custody and confined in a state correctional
facility on or after January 1, 2025; and
new text end
new text begin
(2) has 365 or more days remaining until the person's scheduled supervised release date
or parole eligibility date.
new text end
new text begin
(b) As part of the assessment process, the commissioner must take into account
appropriate rehabilitative programs under section 244.03.
new text end
new text begin Subd. 2. new text end
new text begin Individualized rehabilitation plan. new text end
new text begin
After completing the assessment process,
the commissioner must ensure the development of an individualized rehabilitation plan,
along with identified goals, for every person committed to the commissioner's custody. The
individualized rehabilitation plan must be holistic in nature by identifying intended outcomes
for addressing:
new text end
new text begin
(1) the incarcerated person's needs and risk factors;
new text end
new text begin
(2) the person's identified strengths; and
new text end
new text begin
(3) available and needed community supports, including victim safety considerations
as required under section 244.47, if applicable.
new text end
new text begin Subd. 3. new text end
new text begin Victim input. new text end
new text begin
(a) If an individual is committed to the commissioner's custody
for a crime listed in section 609.02, subdivision 16, the commissioner must make reasonable
efforts to notify a victim of the opportunity to provide input during the assessment and
rehabilitation plan process. Victim input may include:
new text end
new text begin
(1) a summary of victim concerns relative to release;
new text end
new text begin
(2) concerns related to victim safety during the committed individual's term of
imprisonment; or
new text end
new text begin
(3) requests for imposing victim safety protocols as additional conditions of imprisonment
or supervised release.
new text end
new text begin
(b) The commissioner must consider all victim input statements when developing an
individualized rehabilitation plan and establishing conditions governing confinement or
release.
new text end
new text begin Subd. 4. new text end
new text begin Transition and release plan. new text end
new text begin
For an incarcerated person with less than 365
days remaining until the person's supervised release date, the commissioner, in consultation
with the incarcerated person, must develop a transition and release plan.
new text end
new text begin Subd. 5. new text end
new text begin Scope of act. new text end
new text begin
This act is separate and distinct from other legislatively authorized
release programs, including the challenge incarceration program, work release, conditional
medical release, or the program for the conditional release of nonviolent controlled substance
offenders.
new text end
Sec. 6.
new text begin
[244.43] EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin Subdivision 1. new text end
new text begin Policy for earned incentive release credit; stakeholder consultation. new text end
new text begin
(a)
To encourage and support rehabilitation when consistent with the public interest and public
safety, the commissioner must establish a policy providing for earned incentive release
credit as a part of the term of imprisonment. The policy must be established in consultation
with the following organizations:
new text end
new text begin
(1) Minnesota County Attorneys Association;
new text end
new text begin
(2) Minnesota Board of Public Defense;
new text end
new text begin
(3) Minnesota Association of Community Corrections Act Counties;
new text end
new text begin
(4) Minnesota Indian Women's Sexual Assault Coalition;
new text end
new text begin
(5) Violence Free Minnesota;
new text end
new text begin
(6) Minnesota Coalition Against Sexual Assault;
new text end
new text begin
(7) Minnesota Alliance on Crime;
new text end
new text begin
(8) Minnesota Sheriffs' Association;
new text end
new text begin
(9) Minnesota Chiefs of Police Association;
new text end
new text begin
(10) Minnesota Police and Peace Officers Association; and
new text end
new text begin
(11) faith-based organizations that reflect the demographics of the incarcerated population.
new text end
new text begin
(b) The policy must:
new text end
new text begin
(1) provide circumstances upon which an incarcerated person may receive earned
incentive release credits, including participation in rehabilitative programming under section
244.03; and
new text end
new text begin
(2) address circumstances where:
new text end
new text begin
(i) the capacity to provide rehabilitative programming in the correctional facility is
diminished but the programming is available in the community; and
new text end
new text begin
(ii) the conditions under which the incarcerated person could be released to the
community-based resource but remain subject to commitment to the commissioner and
could be considered for earned incentive release credit.
new text end
new text begin Subd. 2. new text end
new text begin Policy on disparities. new text end
new text begin
The commissioner must develop a policy establishing a
process for assessing and addressing any systemic and programmatic gender and racial
disparities that may be identified when awarding earned incentive release credits.
new text end
Sec. 7.
new text begin
[244.44] APPLYING EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin
Earned incentive release credits are included in calculating the term of imprisonment
but are not added to the person's supervised release term, the total length of which remains
unchanged. The maximum amount of earned incentive release credit that can be earned and
subtracted from the term of imprisonment is 17 percent of the total executed sentence.
Earned credit cannot reduce the term of imprisonment to less than one-half of the incarcerated
person's executed sentence. Once earned, earned incentive release credits are nonrevocable.
new text end
Sec. 8.
new text begin
[244.45] INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
new text end
new text begin
The following individuals are ineligible for earned incentive release credit:
new text end
new text begin
(1) those serving life sentences;
new text end
new text begin
(2) those given indeterminate sentences for crimes committed on or before April 30,
1980; or
new text end
new text begin
(3) those subject to good time under section 244.04 or similar laws.
new text end
Sec. 9.
new text begin
[244.46] EARNED COMPLIANCE CREDIT AND SUPERVISION
ABATEMENT STATUS.
new text end
new text begin Subdivision 1. new text end
new text begin
Adopting policy for earned compliance credit; supervision abatement
status.
new text end
new text begin
(a) The commissioner must adopt a policy providing for earned compliance credit.
new text end
new text begin
(b) Except as otherwise provided in the act, once the time served on active supervision
plus earned compliance credits equals the total length of the supervised release term, the
commissioner must place the individual on supervision abatement status for the remainder
of the supervised release term.
new text end
new text begin Subd. 2. new text end
new text begin Violating conditions of release; commissioner action. new text end
new text begin
If an individual violates
the conditions of release while on supervision abatement status, the commissioner may:
new text end
new text begin
(1) return the individual to active supervision for the remainder of the supervised release
term, with or without modifying the conditions of release; or
new text end
new text begin
(2) revoke the individual's supervised release in accordance with section 244.05,
subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Supervision abatement status; requirements. new text end
new text begin
A person who is placed on
supervision abatement status under this section must not be required to regularly report to
a supervised release agent or pay a supervision fee but must continue to:
new text end
new text begin
(1) obey all laws;
new text end
new text begin
(2) report any new criminal charges; and
new text end
new text begin
(3) abide by section 243.1605 before seeking written authorization to relocate to another
state.
new text end
new text begin Subd. 4. new text end
new text begin Applicability. new text end
new text begin
This section does not apply to individuals:
new text end
new text begin
(1) serving life sentences;
new text end
new text begin
(2) given indeterminate sentences for crimes committed on or before April 30, 1980; or
new text end
new text begin
(3) subject to good time under section 244.04 or similar laws.
new text end
Sec. 10.
new text begin
[244.47] VICTIM INPUT.
new text end
new text begin Subdivision 1. new text end
new text begin Notifying victim; victim input. new text end
new text begin
(a) If an individual is committed to the
custody of the commissioner for a crime listed in section 609.02, subdivision 16, and is
eligible for earned incentive release credit, the commissioner must make reasonable efforts
to notify the victim that the committed individual is eligible for earned incentive release
credit.
new text end
new text begin
(b) Victim input may include:
new text end
new text begin
(1) a summary of victim concerns relative to eligibility of earned incentive release credit;
new text end
new text begin
(2) concerns related to victim safety during the committed individual's term of
imprisonment; or
new text end
new text begin
(3) requests for imposing victim safety protocols as additional conditions of imprisonment
or supervised release.
new text end
new text begin Subd. 2. new text end
new text begin Victim input statements. new text end
new text begin
The commissioner must consider victim input
statements when establishing requirements governing conditions of release. The
commissioner must provide the name and telephone number of the local victim agency
serving the jurisdiction of release to any victim providing input on earned incentive release
credit.
new text end
Sec. 11.
new text begin
[244.48] VICTIM NOTIFICATION.
new text end
new text begin
Nothing in this act limits any victim notification obligations of the commissioner required
by statute related to a change in custody status, committing offense, end-of-confinement
review, or notification registration.
new text end
Sec. 12.
new text begin
[244.49] INTERSTATE COMPACT.
new text end
new text begin
(a) This section applies to a person serving a Minnesota sentence while being supervised
in another state according to the Interstate Compact for Adult Supervision.
new text end
new text begin
(b) As may be allowed under section 243.1605, a person may be eligible for supervision
abatement status according to the act only if they meet eligibility criteria for earned
compliance credit as established under section 244.46.
new text end
Sec. 13.
new text begin
[244.50] REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishing reallocation revenue account. new text end
new text begin
The reallocation of earned
incentive release savings account is established in the special revenue fund in the state
treasury. Funds in the account are appropriated to the commissioner and must be expended
in accordance with the allocation established in subdivision 4 after the requirements of
subdivision 2 are met. Funds in the account are available until expended.
new text end
new text begin Subd. 2. new text end
new text begin Certifying earned incentive release savings. new text end
new text begin
On or before the final closeout
date of each fiscal year, the commissioner must certify to Minnesota Management and
Budget the earned incentive release savings from the previous fiscal year. The commissioner
must provide the detailed calculation substantiating the savings amount, including
accounting-system-generated data where possible, supporting the direct-cost per diem and
the incarcerated days saved.
new text end
new text begin Subd. 3. new text end
new text begin Savings to be transferred to reallocation revenue account. new text end
new text begin
After the
certification in subdivision 2 is completed, the commissioner must transfer funds from the
appropriation from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 4. Transfers must occur by September 1 each year.
new text end
new text begin Subd. 4. new text end
new text begin Distributing reallocation funds. new text end
new text begin
The commissioner must distribute funds as
follows:
new text end
new text begin
(1) 25 percent must be transferred to the Office of Justice Programs in the Department
of Public Safety for crime victim services;
new text end
new text begin
(2) 25 percent must be transferred to the Community Corrections Act subsidy
appropriation and to the Department of Corrections for supervised release and intensive
supervision services, based upon a three-year average of the release jurisdiction of supervised
releasees and intensive supervised releasees across the state;
new text end
new text begin
(3) 25 percent must be transferred to the Department of Corrections for:
new text end
new text begin
(i) grants to develop and invest in community-based services that support the identified
needs of correctionally involved individuals or individuals at risk of becoming involved in
the criminal justice system; and
new text end
new text begin
(ii) sustaining the operation of evidence-based programming in state and local correctional
facilities; and
new text end
new text begin
(4) 25 percent must be transferred to the general fund.
new text end
Sec. 14.
new text begin
[244.51] REPORTING REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Annual report required. new text end
new text begin
(a) Beginning January 15, 2026, and by January
15 each year thereafter for ten years, the commissioner must provide a report to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over public safety and judiciary.
new text end
new text begin
(b) For the 2026 report, the commissioner must report on implementing the requirements
in this act. Starting with the 2027 report, the commissioner must report on the status of the
requirements in this act for the previous fiscal year.
new text end
new text begin
(c) Each report must be provided to the sitting president of the Minnesota Association
of Community Corrections Act Counties and the executive directors of the Minnesota
Sentencing Guidelines Commission, the Minnesota Indian Women's Sexual Assault Coalition,
the Minnesota Alliance on Crime, Violence Free Minnesota, the Minnesota Coalition Against
Sexual Assault, and the Minnesota County Attorneys Association.
new text end
new text begin
(d) The report must include but not be limited to:
new text end
new text begin
(1) a qualitative description of policy development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and ensure that
the act does not create or exacerbate gender, racial, and ethnic disparities; and proposed
mechanisms for projecting future savings and reallocation of savings;
new text end
new text begin
(2) the number of persons who were granted earned incentive release credit, the total
number of days of incentive release earned, a summary of committing offenses for those
persons who earned incentive release credit, a summary of earned incentive release savings,
and the demographic data for all persons eligible for earned incentive release credit and the
reasons and demographic data of those eligible persons for whom earned incentive release
credit was unearned or denied;
new text end
new text begin
(3) the number of persons who earned supervision abatement status, the total number
of days of supervision abatement earned, the committing offenses for those persons granted
supervision abatement status, the number of revocations for reoffense while on supervision
abatement status, and the demographic data for all persons eligible for, considered for,
granted, or denied supervision abatement status and the reasons supervision abatement status
was unearned or denied;
new text end
new text begin
(4) the number of persons deemed ineligible to receive earned incentive release credits
and supervise abatement and the demographic data for the persons; and
new text end
new text begin
(5) the number of victims who submitted input, the number of referrals to local
victim-serving agencies, and a summary of the kinds of victim services requested.
new text end
new text begin Subd. 2. new text end
new text begin Soliciting feedback. new text end
new text begin
(a) The commissioner must solicit feedback on
victim-related operational concerns from the Minnesota Indian Women's Sexual Assault
Coalition, Minnesota Alliance on Crime, Minnesota Coalition Against Sexual Assault, and
Violence Free Minnesota.
new text end
new text begin
(b) The feedback should relate to applying earned incentive release credit and supervision
abatement status options. A summary of the feedback from the organizations must be
included in the annual report.
new text end
new text begin Subd. 3. new text end
new text begin Evaluating earned incentive release credit and act. new text end
new text begin
The commissioner must
direct the Department of Corrections' research unit to regularly evaluate earned incentive
release credits and other provisions of the act. The findings must be published on the
Department of Corrections' website and in the annual report.
new text end
Sec. 15. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 14 are effective August 1, 2023.
new text end
ARTICLE 14
FIREARMS BACKGROUND CHECKS
Section 1.
Minnesota Statutes 2022, section 624.7131, subdivision 4, is amended to read:
Subd. 4.
Grounds for disqualification.
deleted text begin A determination bydeleted text end new text begin (a)new text end The chief of police or
sheriff deleted text begin thatdeleted text end new text begin shall refuse to grant a transferee permit ifnew text end the applicant isnew text begin : (1)new text end prohibited by
deleted text begin section 624.713deleted text end new text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style
assault weapon deleted text begin shall be the only basis for refusal to grant a transferee permitdeleted text end new text begin ; (2) determined
to be a danger to self or the public when in possession of firearms under paragraph (b)new text end new text begin ; or
(3) listed in the criminal gang investigative data system under section 299C.091new text end .
new text begin
(b) A chief of police or sheriff shall refuse to grant a permit to a person if there exists a
substantial likelihood that the applicant is a danger to self or the public when in possession
of a firearm. To deny the application pursuant to paragraph (a), clause (2), the chief of police
or sheriff must provide the applicant with written notification and the specific factual basis
justifying the denial, including the source of the factual basis. The chief of police or sheriff
must inform the applicant of the applicant's right to submit, within 20 business days, any
additional documentation relating to the propriety of the denial. Upon receiving any additional
documentation, the chief of police or sheriff must reconsider the denial and inform the
applicant within 15 business days of the result of the reconsideration. Any denial after
reconsideration must be in the same form and substance as the original denial and must
specifically address any continued deficiencies in light of the additional documentation
submitted by the applicant. The applicant must be informed of the right to seek de novo
review of the denial as provided in subdivision 8.
new text end
new text begin
(c) A person is not eligible to submit a permit application under this section if the person
has had an application denied pursuant to paragraph (b) and less than six months have
elapsed since the denial was issued or the person's appeal under subdivision 8 was denied,
whichever is later.
new text end
new text begin
(d) A chief of police or sheriff who denies a permit application pursuant to paragraph
(b) must provide a copy of the notice of disqualification to the chief of police or sheriff with
joint jurisdiction over the proposed transferee's residence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2022, section 624.7131, subdivision 5, is amended to read:
Subd. 5.
Granting of permits.
new text begin (a) new text end The chief of police or sheriff shall issue a transferee
permit or deny the application within deleted text begin sevendeleted text end new text begin 30new text end days of application for the permit.
new text begin (b) In the case of a denial,new text end the chief of police or sheriff shall provide an applicant with
written notification of a denial and the specific reason for the denial.
new text begin (c)new text end The permits and their renewal shall be granted free of charge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2022, section 624.7131, subdivision 7, is amended to read:
Subd. 7.
Permit voidednew text begin ; revocationnew text end .
new text begin (a) new text end The transferee permit shall be void at the time
that the holder becomes prohibited from possessing new text begin or receiving new text end a pistol under section
624.713, in which event the holder shall return the permit within five days to the issuing
authority. new text begin If the chief law enforcement officer who issued the permit has knowledge that
the permit holder is ineligible to possess firearms, the chief law enforcement officer must
revoke the permit and give notice to the holder in writing. new text end Failure of the holder to return
the permit within the five days new text begin of learning that the permit is void or revoked new text end is a new text begin gross
new text end misdemeanor unless the court finds that the circumstances or the physical or mental condition
of the permit holder prevented the holder from complying with the return requirement.
new text begin
(b) When a permit holder receives a court disposition that prohibits the permit holder
from possessing a firearm, the court must take possession of the permit, if it is available,
and send it to the issuing law enforcement agency. If the permit holder does not have the
permit when the court imposes a firearm prohibition, the permit holder must surrender the
permit to the assigned probation officer, if applicable. When a probation officer is assigned
upon disposition of the case, the court shall inform the probation agent of the permit holder's
obligation to surrender the permit. Upon surrender, the probation officer must send the
permit to the issuing law enforcement agency. If a probation officer is not assigned to the
permit holder, the holder shall surrender the permit as provided in paragraph (a).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 624.7131, subdivision 8, is amended to read:
Subd. 8.
Hearing upon denial.
new text begin (a) new text end Any person aggrieved by denial of a transferee permit
may appeal deleted text begin the denial to the district court having jurisdiction over the county or municipality
deleted text end deleted text begin in which the denial occurred.deleted text end new text begin by petition to the district court having jurisdiction over the
county or municipality where the application was submitted. The petition must list the
applicable chief of police or sheriff as the respondent. The district court must hold a hearing
at the earliest practicable date and in any event no later than 60 days following the filing of
the petition for review. The court may not grant or deny any relief before the completion
of the hearing. The record of the hearing must be sealed. The matter must be heard de novo
without a jury.
new text end
new text begin
(b) The court must issue written findings of fact and conclusions of law regarding the
issues submitted by the parties. The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the chief of police or sheriff
establishes by clear and convincing evidence that:
new text end
new text begin
(1) the applicant is disqualified from possessing a firearm under state or federal law;
new text end
new text begin
(2) there exists a substantial likelihood that the applicant is a danger to self or the public
when in possession of a firearm. Incidents of alleged criminal misconduct that are not
investigated and documented may not be considered; or
new text end
new text begin
(3) the applicant is listed in the criminal gang investigative data system under section
299C.091.
new text end
new text begin
(c) If an application is denied because the proposed transferee is listed in the criminal
gang investigative data system under section 299C.091, the applicant may challenge the
denial, after disclosure under court supervision of the reason for that listing, based on grounds
that the person:
new text end
new text begin
(1) was erroneously identified as a person in the data system;
new text end
new text begin
(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or
new text end
new text begin
(3) has demonstrably withdrawn from the activities and associations that led to inclusion
in the data system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2022, section 624.7131, subdivision 9, is amended to read:
Subd. 9.
Permit to carry.
A valid permit to carry issued pursuant to section 624.714
constitutes a transferee permit for the purposes of this section and deleted text begin sectiondeleted text end new text begin sectionsnew text end 624.7132new text begin
and 624.7134new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 624.7131, subdivision 11, is amended to read:
Subd. 11.
Penalty.
A person who makes a false statement in order to obtain a transferee
permit knowing or having reason to know the statement is false is guilty of a deleted text begin gross
misdemeanordeleted text end new text begin felonynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 624.7132, subdivision 4, is amended to read:
Subd. 4.
Delivery.
Except as otherwise provided in subdivision 7 or 8, no person shall
deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee
until deleted text begin five businessdeleted text end new text begin 30new text end days after the date the agreement to transfer is delivered to a chief of
police or sheriff in accordance with subdivision 1 unless the chief of police or sheriff waives
all or a portion of the deleted text begin seven-daydeleted text end waiting period. The chief of police or sheriff may waive
all or a portion of the deleted text begin five business daydeleted text end waiting period in writing if the chief of police or
sheriffnew text begin : (1) determines the proposed transferee is not disqualified prior to the waiting period
concluding; or (2)new text end finds that the transferee requires access to a pistol or semiautomatic
military-style assault weapon because of a threat to the life of the transferee or of any member
of the household of the transferee.new text begin Prior to modifying the waiting period under the authority
granted in clause (2), the chief of police or sheriff must first determine that the proposed
transferee is not prohibited from possessing a firearm under state or federal law.
new text end
No person shall deliver a deleted text begin pistol or semiautomatic military-style assault weapondeleted text end new text begin firearmnew text end
to a proposed transferee after receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is prohibited by section 624.713 from
possessing a deleted text begin pistol or semiautomatic military-style assault weapondeleted text end new text begin firearmnew text end .
If the transferor makes a report of transfer and receives no written notification of
disqualification of the proposed transferee within deleted text begin fivedeleted text end new text begin 30new text end business days after delivery of the
agreement to transfer, the deleted text begin pistol or semiautomatic military-style assault weapondeleted text end new text begin firearmnew text end
may be delivered to the transfereenew text begin , unless the transferor knows the transferee is ineligible
to possess firearmsnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2022, section 624.7132, subdivision 5, is amended to read:
Subd. 5.
Grounds for disqualification.
deleted text begin A determination bydeleted text end new text begin (a)new text end The chief of police or
sheriff deleted text begin thatdeleted text end new text begin shall deny an application ifnew text end the proposed transferee isnew text begin : (1)new text end prohibited by deleted text begin section
624.713deleted text end new text begin state or federal lawnew text end from possessing a pistol or semiautomatic military-style assault
weapon deleted text begin shall be the sole basis for a notification of disqualification under this sectiondeleted text end new text begin ; (2)
determined to be a danger to self or the public when in possession of firearms under paragraph
(b)new text end new text begin ; or (3) listed in the criminal gang investigative data system under section 299C.091new text end .
new text begin
(b) A chief of police or sheriff shall deny an application if there exists a substantial
likelihood that the proposed transferee is a danger to self or the public when in possession
of a firearm. To deny the application under this paragraph, the chief of police or sheriff
must provide the applicant with written notification and the specific factual basis justifying
the denial, including the source of the factual basis. The chief of police or sheriff must
inform the applicant of the applicant's right to submit, within 20 business days, any additional
documentation relating to the propriety of the denial. Upon receiving any additional
documentation, the chief of police or sheriff must reconsider the denial and inform the
applicant within 15 business days of the result of the reconsideration. Any denial after
reconsideration must be in the same form and substance as the original denial and must
specifically address any continued deficiencies in light of the additional documentation
submitted by the applicant. The applicant must be informed of the right to seek de novo
review of the denial as provided in subdivision 13.
new text end
new text begin
(c) A chief of police or sheriff need not process an application under this section if the
person has had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision 13 was
denied, whichever is later.
new text end
new text begin
(d) A chief of police or sheriff who denies an application pursuant to paragraph (b) must
provide a copy of the notice of disqualification to the chief of police or sheriff with joint
jurisdiction over the applicant's residence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 624.7132, subdivision 8, is amended to read:
Subd. 8.
Report not required.
If the proposed transferee presents deleted text begin a valid transferee
permit issued under section 624.7131 ordeleted text end a valid permit to carry issued under section 624.714,
the transferor need not file a transfer report.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 624.7132, subdivision 10, is amended to read:
Subd. 10.
Restriction on records.
new text begin Except as provided in section 624.7134, subdivision
3, paragraph (e), new text end if, after a determination that the transferee is not a person prohibited by
section 624.713 from possessing a pistol or semiautomatic military-style assault weapon,
a transferee requests that no record be maintained of the fact of who is the transferee of a
pistol or semiautomatic military-style assault weapon, the chief of police or sheriff shall
sign the transfer report and return it to the transferee as soon as possible. Thereafter, no
government employee or agency shall maintain a record of the transfer that identifies the
transferee, and the transferee shall retain the report of transfer.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2022, section 624.7132, subdivision 13, is amended to read:
Subd. 13.
Appeal.
new text begin (a) new text end A person aggrieved by the determination of a chief of police or
sheriff deleted text begin that the person is prohibited by section deleted text end deleted text begin from possessing a pistol or
semiautomatic deleted text end deleted text begin military-style assault weapon may appeal the determination as provided in
this subdivision. deleted text end deleted text begin The district court shall have jurisdiction of proceedings under this
subdivision.deleted text end new text begin under subdivision 5 may appeal by petition to the district court having
jurisdiction over the county or municipality where the application was submitted. The
petition must list the applicable chief of police or sheriff as the respondent. The district
court must hold a hearing at the earliest practicable date and in any event no later than 60
days following the filing of the petition for review. The court may not grant or deny any
relief before the completion of the hearing. The record of the hearing must be sealed. The
matter must be heard de novo without a jury.
new text end
deleted text begin
On review pursuant to this subdivision, the court shall be limited to a determination of
deleted text end
deleted text begin
whether the proposed transferee is a person prohibited from possessing a pistol or
deleted text end
deleted text begin
semiautomatic military-style assault weapon by section
deleted text end
deleted text begin
.
deleted text end
new text begin
(b) The court must issue written findings of fact and conclusions of law regarding the
issues submitted by the parties. The court must issue its writ of mandamus directing that
the permit be issued and order other appropriate relief unless the chief of police or sheriff
establishes by clear and convincing evidence that:
new text end
new text begin
(1) the applicant is disqualified under state or federal law from possession of firearms;
new text end
new text begin
(2) there exists a substantial likelihood that the applicant is a danger to self or the public
when in possession of a firearm. Incidents of alleged criminal misconduct that are not
investigated and documented may not be considered; or
new text end
new text begin
(3) the applicant is listed in the criminal gang investigative data system under section
299C.091.
new text end
new text begin
(c) If an application is denied because the proposed transferee is listed in the criminal
gang investigative data system under section 299C.091, the proposed transferee may
challenge the denial, after disclosure under court supervision of the reason for that listing,
based on grounds that the person:
new text end
new text begin
(1) was erroneously identified as a person in the data system;
new text end
new text begin
(2) was improperly included in the data system according to the criteria outlined in
section 299C.091, subdivision 2, paragraph (b); or
new text end
new text begin
(3) has demonstrably withdrawn from the activities and associations that led to inclusion
in the data system.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
new text begin
[624.7134] PRIVATE PARTY TRANSFERS; BACKGROUND CHECK
REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings provided in this subdivision.
new text end
new text begin
(b) "Firearms dealer" means a person who is licensed by the United States Department
of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United States Code,
title 18, section 923(a).
new text end
new text begin
(c) "State or federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that contains the
person's name, residence address, date of birth, and photograph and is of a type commonly
accepted for the purpose of identification of individuals.
new text end
new text begin
(d) "Unlicensed person" means a person who does not hold a license under United States
Code, title 18, section 923(a).
new text end
new text begin Subd. 2. new text end
new text begin Background check and evidence of identity. new text end
new text begin
An unlicensed person is prohibited
from transferring a pistol or semiautomatic military-style assault weapon to any other
unlicensed person, unless: (1) the transfer is made through a firearms dealer as provided
for in subdivision 3; or (2) the transferee presents a valid transferee permit issued under
section 624.7131 and a current state or federally issued identification.
new text end
new text begin Subd. 3. new text end
new text begin Background check conducted by federally licensed firearms dealer. new text end
new text begin
(a)
Where both parties to a prospective transfer of a pistol or semiautomatic military-style
assault weapon are unlicensed persons, the transferor and transferee may appear jointly
before a federally licensed firearms dealer with the firearm and request that the federally
licensed firearms dealer conduct a background check on the transferee and facilitate the
transfer.
new text end
new text begin
(b) Except as otherwise provided in this section, a federally licensed firearms dealer
who agrees to facilitate a transfer under this section shall:
new text end
new text begin
(1) process the transfer as though transferring the firearm from the dealer's inventory to
the transferee; and
new text end
new text begin
(2) comply with all requirements of federal and state law that would apply if the firearms
dealer were making the transfer, including, at a minimum, all background checks and
record-keeping requirements. The exception to the report of transfer process in section
624.7132, subdivision 12, clause (1), does not apply to transfers completed under this
subdivision.
new text end
new text begin
(c) If the transferee is prohibited by federal law from purchasing or possessing the firearm
or not entitled under state law to possess the firearm, neither the federally licensed firearms
dealer nor the transferor shall transfer the firearm to the transferee.
new text end
new text begin
(d) Notwithstanding any other law to the contrary, this section shall not prevent the
transferor from:
new text end
new text begin
(1) removing the firearm from the premises of the federally licensed firearms dealer, or
the gun show or event where the federally licensed firearms dealer is conducting business,
as applicable, while the background check is being conducted, provided that the transferor
must return to the federally licensed firearms dealer with the transferee before the transfer
takes place, and the federally licensed firearms dealer must take possession of the firearm
in order to complete the transfer; and
new text end
new text begin
(2) removing the firearm from the business premises of the federally licensed firearms
dealer if the results of the background check indicate the transferee is prohibited by federal
law from purchasing or possessing the firearm or not entitled under state law to possess the
firearm.
new text end
new text begin
(e) A transferee who consents to participate in a transfer under this subdivision is not
entitled to have the transfer report returned as provided for in section 624.7132, subdivision
10.
new text end
new text begin
(f) A firearms dealer may charge a reasonable fee for conducting a background check
and facilitating a transfer between the transferor and transferee pursuant to this section.
new text end
new text begin Subd. 4. new text end
new text begin Record of transfer; required information. new text end
new text begin
(a) Unless a transfer is made
through a firearms dealer as provided in subdivision 3, when two unlicensed persons complete
the transfer of a pistol or semiautomatic military-style assault weapon, the transferor and
transferee must complete a record of transfer on a form designed and made publicly available
without fee for this purpose by the superintendent of the Bureau of Criminal Apprehension.
Each page of the record of transfer must be signed and dated by the transferor and the
transferee and contain the serial number of the pistol or semiautomatic military-style assault
weapon.
new text end
new text begin
(b) The record of transfer must contain the following information:
new text end
new text begin
(1) a clear copy of each person's current state or federally issued identification;
new text end
new text begin
(2) a clear copy of the transferee permit presented by the transferee; and
new text end
new text begin
(3) a signed statement by the transferee swearing that the transferee is not currently
prohibited by state or federal law from possessing a firearm.
new text end
new text begin
(c) The record of transfer must also contain the following information regarding the
transferred pistol or semiautomatic military-style assault weapon:
new text end
new text begin
(1) the type of pistol or semiautomatic military-style assault weapon;
new text end
new text begin
(2) the manufacturer, make, and model of the pistol or semiautomatic military-style
assault weapon; and
new text end
new text begin
(3) the pistol or semiautomatic military-style assault weapon's manufacturer-assigned
serial number.
new text end
new text begin
(d) Both the transferor and the transferee must retain a copy of the record of transfer
and any attachments to the record of transfer for 20 years from the date of the transfer. A
copy in digital form shall be acceptable for the purposes of this paragraph.
new text end
new text begin Subd. 5. new text end
new text begin
Compulsory production of a record of transfer; gross misdemeanor
penalty.
new text end
new text begin
(a) Unless a transfer was completed under subdivision 3, the transferor and
transferee of a pistol or semiautomatic military-style assault weapon transferred under
subdivision 4 must produce the record of transfer when a peace officer requests the record
as part of a criminal investigation.
new text end
new text begin
(b) A person who refuses or is unable to produce a record of transfer for a firearm
transferred under this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a gross misdemeanor. A prosecution or conviction for
violation of this subdivision is not a bar to conviction of, or punishment for, any other crime
committed involving the transferred firearm.
new text end
new text begin Subd. 6. new text end
new text begin Immunity. new text end
new text begin
A person is immune to a charge of violating this section if the person
presents a record of transfer that satisfies the requirements of subdivision 4.
new text end
new text begin Subd. 7. new text end
new text begin Exclusions. new text end
new text begin
(a) This section shall not apply to the following transfers:
new text end
new text begin
(1) a transfer by or to a federally licensed firearms dealer;
new text end
new text begin
(2) a transfer by or to any law enforcement agency;
new text end
new text begin
(3) to the extent the transferee is acting within the course and scope of employment and
official duties, a transfer to:
new text end
new text begin
(i) a peace officer, as defined in section 626.84, subdivision 1, paragraph (c);
new text end
new text begin
(ii) a member of the United States armed forces, the National Guard, or the Reserves of
the United States armed forces;
new text end
new text begin
(iii) a federal law enforcement officer; or
new text end
new text begin
(iv) a security guard employed by a protective agent licensed pursuant to chapter 326;
new text end
new text begin
(4) a transfer between immediate family members, which for the purposes of this section
means spouses, domestic partners, parents, children, siblings, grandparents, and
grandchildren;
new text end
new text begin
(5) a transfer to an executor, administrator, trustee, or personal representative of an estate
or a trust that occurs by operation of law upon the death of the former owner of the firearm;
new text end
new text begin
(6) a transfer of an antique firearm as defined in section 624.712, subdivision 3;
new text end
new text begin
(7) a transfer of a curio or relic, as defined in Code of Federal Regulations, title 27,
section 478.11, if the transfer is between collectors of firearms as curios or relics as defined
by United States Code, title 18, section 921(a)(13), who each have in their possession a
valid collector of curio and relics license issued by the United States Department of Justice,
Bureau of Alcohol, Tobacco, Firearms and Explosives;
new text end
new text begin
(8) the temporary transfer of a firearm if:
new text end
new text begin
(i) the transfer is necessary to prevent imminent death or great bodily harm; and
new text end
new text begin
(ii) the person's possession lasts only as long as immediately necessary to prevent such
imminent death or great bodily harm;
new text end
new text begin
(9) transfers by or to an auctioneer who is in compliance with chapter 330 and acting in
the person's official role as an auctioneer to facilitate or conduct an auction of the firearm;
and
new text end
new text begin
(10) a temporary transfer if the transferee's possession of the firearm following the
transfer is only:
new text end
new text begin
(i) at a shooting range that operates in compliance with the performance standards under
chapter 87A or is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established shooting range
operated consistently with local law in the jurisdiction;
new text end
new text begin
(ii) at a lawfully organized competition involving the use of a firearm, or while
participating in or practicing for a performance by an organized group that uses firearms as
part of the performance;
new text end
new text begin
(iii) while hunting or trapping if the hunting or trapping is legal in all places where the
transferee possesses the firearm and the transferee holds all licenses or permits required for
hunting or trapping;
new text end
new text begin
(iv) at a lawfully organized educational or instructional course and under the direct
supervision of a certified instructor, as that term is defined in section 624.714, subdivision
2a, paragraph (d); or
new text end
new text begin
(v) while in the actual presence of the transferor.
new text end
new text begin
(b) A transfer under this subdivision is permitted only if the transferor has no reason to
believe:
new text end
new text begin
(1) that the transferee is prohibited by federal law from buying or possessing firearms
or not entitled under state law to possess firearms;
new text end
new text begin
(2) if the transferee is under 18 years of age and is receiving the firearm under direct
supervision and control of an adult, that the adult is prohibited by federal law from buying
or possessing firearms or not entitled under state law to possess firearms; or
new text end
new text begin
(3) that the transferee will use or intends to use the firearm in the commission of a crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 624.7131, subdivision 10; and 624.7132, subdivisions
6 and 14,
new text end
new text begin
are repealed.
new text end
ARTICLE 15
EXTREME RISK PROTECTION ORDERS
Section 1.
Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:
Subdivision 1.
Ineligible persons.
The following persons shall not be entitled to possess
ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause
(1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may possess
ammunition designed for use in a firearm that the person may lawfully possess and may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of natural
resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or
adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in
this state or elsewhere, a crime of violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would have been crimes of violence
as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial
determination that the person is mentally ill, developmentally disabled, or mentally ill and
dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has
ever been found incompetent to stand trial or not guilty by reason of mental illness, unless
the person's ability to possess a firearm and ammunition has been restored under subdivision
4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the date
of conviction and, during that time, the person has not been convicted of any other such
violation of chapter 152 or a similar law of another state; or a person who is or has ever
been committed by a judicial determination for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability
to possess a firearm and ammunition has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere
by a judicial determination that the person is chemically dependent as defined in section
253B.02, unless the person has completed treatment or the person's ability to possess a
firearm and ammunition has been restored under subdivision 4. Property rights may not be
abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section
253B.04 for chemical dependency, unless the officer possesses a certificate from the head
of the treatment facility discharging or provisionally discharging the officer from the
treatment facility. Property rights may not be abated but access may be restricted by the
courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has
been charged with committing a crime of violence and has been placed in a pretrial diversion
program by the court before disposition, until the person has completed the diversion program
and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision 3,
unless three years have elapsed since the date of conviction and, during that time, the person
has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242,
subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or
household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearm or
ammunition for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term
exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution
for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as
a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the
public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable
conditions;
(vii) has renounced the person's citizenship having been a citizen of the United States;
or
(viii) is disqualified from possessing a firearm under United States Code, title 18, section
922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the gross misdemeanor
level, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of these sections: section 609.229
(crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated
by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child);
609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71
(riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state;
(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 3 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); deleted text begin or
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(13) a person who is subject to an order for protection as described in section 260C.201,
subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g)new text begin ; or
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new text begin (14) a person who is subject to an extreme risk protection order as described in section
624.7172 or 624.7174new text end .
A person who issues a certificate pursuant to this section in good faith is not liable for
damages resulting or arising from the actions or misconduct with a firearm or ammunition
committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or semiautomatic military-style assault
weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and
ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause
(2), applies only to offenders who are discharged from sentence or court supervision for a
crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding pursuant
to sections 253B.07 to 253B.09 or a comparable law from another state.
Sec. 2.
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[624.7171] EXTREME RISK PROTECTION ORDERS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) As used in sections 624.7171 to 624.7178, the following
terms have the meanings given.
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(b) "Family or household members" means:
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(1) spouses and former spouses of the respondent;
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(2) parents and children of the respondent;
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(3) persons who are presently residing with the respondent; or
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(4) a person involved in a significant romantic or sexual relationship with the respondent.
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In determining whether persons are in a significant romantic or sexual relationship under
clause (4), the court shall consider the length of time of the relationship; type of relationship;
and frequency of interaction between the parties.
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(c) "Firearm" has the meaning given in section 609.666, subdivision 1, paragraph (a).
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(d) "Mental health professional" has the meaning given in section 245I.02, subdivision
27.
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new text begin Subd. 2. new text end
new text begin Court jurisdiction. new text end
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(a) An application for relief under sections 624.7172 and
624.7174 may be filed in the county of residence of the respondent except as provided for
in paragraph (b). Actions under sections 624.7172 and 624.7174 shall be given docket
priorities by the court.
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(b) At the time of filing, a petitioner may request that the court allow the petitioner to
appear virtually at all proceedings. If the court denies the petitioner's request for virtual
participation, the petitioner may refile the petition in the county where the petitioner resides
or is officed.
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new text begin Subd. 3. new text end
new text begin Information on petitioner's location or residence. new text end
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Upon the petitioner's
request, information maintained by the court regarding the petitioner's location or residence
is not accessible to the public and may be disclosed only to court personnel or law
enforcement for purposes of service of process, conducting an investigation, or enforcing
an order.
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new text begin Subd. 4. new text end
new text begin Generally. new text end
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(a) There shall exist an action known as a petition for an extreme
risk protection order, which order shall enjoin and prohibit the respondent from possessing
or purchasing firearms for as long as the order remains in effect.
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(b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief
law enforcement officer, the chief law enforcement officer's designee, a city or county
attorney, any family or household members of the respondent, or a guardian, as defined in
section 524.1-201, clause (27), of the respondent.
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(c) A petition for relief shall allege that the respondent poses a significant danger of
bodily harm to other persons or is at significant risk of suicide by possessing a firearm. The
petition shall be accompanied by an affidavit made under oath stating specific facts and
circumstances forming a basis to allege that an extreme risk protection order should be
granted. The affidavit may include but is not limited to evidence showing any of the factors
described in section 624.7172, subdivision 2.
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(d) A petition for emergency relief under section 624.7174 shall additionally allege that
the respondent presents an immediate and present danger of either bodily harm to others or
of taking their life.
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(e) A petition for relief must describe, to the best of the petitioner's knowledge, the types
and location of any firearms believed by the petitioner to be possessed by the respondent.
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(f) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
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(g) The state court administrator shall create all forms necessary under sections 624.7171
to 624.7178.
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(h) The filing fees for an extreme risk protection order under this section are waived for
the petitioner and respondent. The court administrator, the sheriff of any county in this state,
and other law enforcement and corrections officers shall perform their duties relating to
service of process without charge to the petitioner. The court shall direct payment of the
reasonable costs of service of process if served by a private process server when the sheriff
or other law enforcement or corrections officer is unavailable or if service is made by
publication, without requiring the petitioner to make application under section 563.01.
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(i) The court shall advise the petitioner of the right to serve the respondent by alternate
notice under section 624.7172, subdivision 1, paragraph (e), if the respondent is avoiding
personal service by concealment or otherwise, and shall assist in the writing and filing of
the affidavit.
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(j) The court shall advise the petitioner of the right to request a hearing under section
624.7174. If the petitioner does not request a hearing, the court shall advise the petitioner
that the respondent may request a hearing and that notice of the hearing date and time will
be provided to the petitioner by mail at least five days before the hearing.
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(k) Any proceeding under sections 624.7171 to 624.7178 shall be in addition to other
civil or criminal remedies.
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(l) All health records and other health information provided in a petition or considered
as evidence in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described in this
section.
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(m) Any extreme risk protection order or subsequent extension issued under sections
624.7171 to 624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the respondent and
electronically transmitted within three business days to the National Instant Criminal
Background Check System. When an order expires or is terminated by the court, the court
must submit a request that the order be removed from the National Instant Background
Check System. Each appropriate law enforcement agency shall make available to other law
enforcement officers, through a system for verification, information as to the existence and
status of any extreme risk protection order issued under sections 624.7171 to 624.7178.
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new text begin Subd. 5. new text end
new text begin Mental health professionals. new text end
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When a mental health professional has a statutory
duty to warn another of a client's serious threat of physically violent behavior or determines
that a client presents a significant risk of suicide by possessing a firearm, the mental health
professional must communicate the threat or risk to the sheriff of the county where the client
resides and make a recommendation to the sheriff regarding the client's fitness to possess
firearms.
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Sec. 3.
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[624.7172] EXTREME RISK PROTECTION ORDERS ISSUED AFTER
HEARING.
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new text begin Subdivision 1. new text end
new text begin Hearing. new text end
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(a) Upon receipt of the petition for an order after a hearing, the
court must schedule and hold a hearing within 14 days from the date the petition was
received.
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(b) The court shall advise the petitioner of the right to request an emergency extreme
risk protection order under section 624.7174 separately from or simultaneously with the
petition under this subdivision.
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(c) The petitioning agency shall be responsible for service of an extreme risk protection
order issued by the court and shall further be the agency responsible for the execution of
any legal process required for the seizure and storage of firearms subject to the order. Nothing
in this provision limits the ability of the law enforcement agency of record from cooperating
with other law enforcement entities. When a court issues an extreme risk protection order
for a person who resides on Tribal territory, the chief law enforcement officer of the law
enforcement agency responsible for serving the order must request the assistance and counsel
of the appropriate Tribal police department prior to serving the respondent. When the
petitioner is a family or household member of the respondent, the primary law enforcement
agency serving the jurisdiction of residency of the respondent shall be responsible for the
execution of any legal process required for the seizure and storage of firearms subject to
the order.
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(d) Personal service of notice for the hearing may be made upon the respondent at any
time up to 48 hours prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to 14 days if the respondent is served less than
five days prior to the hearing, which continuance shall be granted unless there are compelling
reasons not to do so. If the court grants the requested continuance, and an existing emergency
order under section 624.7174 will expire due to the continuance, the court shall also issue
a written order continuing the emergency order pending the new time set for the hearing.
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(e) If personal service cannot be made, the court may order service of the petition and
any order issued under this section by alternate means. The application for alternate service
must include the last known location of the respondent; the petitioner's most recent contacts
with the respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close relatives; the
names and locations of other persons who are likely to know the respondent's whereabouts;
and a description of efforts to locate those persons. The court shall consider the length of
time the respondent's location has been unknown, the likelihood that the respondent's location
will become known, the nature of the relief sought, and the nature of efforts made to locate
the respondent. The court shall order service by first class mail, forwarding address requested,
to any addresses where there is a reasonable possibility that mail or information will be
forwarded or communicated to the respondent. The court may also order publication, within
or without the state, but only if it might reasonably succeed in notifying the respondent of
the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after
court-ordered publication.
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(f) When a petitioner who is not the sheriff of the county where the respondent resides,
the sheriff's designee, or a family or household member files a petition, the petitioner must
provide notice of the action to the sheriff of the county where the respondent resides. When
a family or household member is the petitioner, the court must provide notice of the action
to the sheriff of the county where the respondent resides.
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new text begin Subd. 2. new text end
new text begin Relief by court. new text end
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(a) At the hearing, the petitioner must prove by clear and
convincing evidence that the respondent poses a significant danger to other persons or is at
significant risk of suicide by possessing a firearm.
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(b) In determining whether to grant the order after a hearing, the court shall consider
evidence of the following, whether or not the petitioner has provided evidence of the same:
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(1) a history of threats or acts of violence by the respondent directed toward another
person;
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(2) the history of use, attempted use, or threatened use of physical force by the respondent
against another person;
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(3) a violation of any court order, including but not limited to orders issued under sections
624.7171 to 624.7178 or chapter 260C or 518B;
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(4) a prior arrest for a felony offense;
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(5) a conviction or prior arrest for a violent misdemeanor offense, for a stalking offense
under section 609.749, or for domestic assault under section 609.2242;
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(6) a conviction for an offense of cruelty to animals under chapter 343;
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(7) the unlawful and reckless use, display, or brandishing of a firearm by the respondent;
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(8) suicide attempts by the respondent or a serious mental illness; and
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(9) whether the respondent is named in an existing order in effect under sections 624.7171
to 624.7178 or chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
other action under sections 624.7171 to 624.7178 or chapter 518B.
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(c) In determining whether to grant the order after a hearing, the court may:
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(1) subpoena peace officers who have had contact with the respondent to provide written
or sworn testimony regarding the officer's contacts with the respondent; and
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(2) consider any other evidence that bears on whether the respondent poses a danger to
others or is at risk of suicide.
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(d) If the court finds there is clear and convincing evidence to issue an extreme risk
protection order, the court shall issue the order prohibiting the person from possessing or
purchasing a firearm for the duration of the order. The court shall inform the respondent
that the respondent is prohibited from possessing or purchasing firearms and shall issue a
transfer order under section 624.7175. The court shall also give notice to the county attorney's
office, which may take action as it deems appropriate.
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(e) The court shall determine the length of time the order is in effect, but may not set
the length of time for less than six months or more than one year, subject to renewal or
extension under section 624.7173.
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(f) If there is no existing emergency order under section 624.7174 at the time an order
is granted under this section, the court shall determine by clear and convincing evidence
whether the respondent presents an immediate and present danger of bodily harm. If the
court so determines, the transfer order shall include the provisions described in section
624.7175, paragraph (d).
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(g) If, after a hearing, the court does not issue an order of protection, the court shall
vacate any emergency extreme risk protection order currently in effect.
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(h) A respondent may waive the respondent's right to contest the hearing and consent
to the court's imposition of an extreme risk protection order. The court shall seal the petition
filed under this section and section 624.7144 if a respondent who consents to imposition of
an extreme risk protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public and public safety
outweigh the disadvantages to the respondent of not sealing the petition. All extreme risk
protection orders based on the respondent being a danger to others shall remain public.
Extreme risk protection orders issued for respondents who are solely at risk of suicide shall
not be public.
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Sec. 4.
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[624.7173] SUBSEQUENT EXTENSIONS AND TERMINATION.
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(a) Upon application by any party entitled to petition for an order under section 624.7172,
and after notice to the respondent and a hearing, the court may extend the relief granted in
an existing order granted after a hearing under section 624.7172. Application for an extension
may be made any time within the three months before the expiration of the existing order.
The court may extend the order if the court makes the same findings by clear and convincing
evidence as required for granting of an initial order under section 624.7172, subdivision 2,
paragraph (d). The minimum length of time of an extension is six months and the maximum
length of time of an extension is one year. The court shall consider the same types of evidence
as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and
(c).
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(b) Upon application by the respondent to an order issued under section 624.7172, the
court may terminate an order after a hearing at which the respondent shall bear the burden
of proving by clear and convincing evidence that the respondent does not pose a significant
danger to other persons or is at significant risk of suicide by possessing a firearm. Application
for termination may be made one time for each year an order is in effect. If an order has
been issued for a period of six months, the respondent may apply for termination one time.
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Sec. 5.
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[624.7174] EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION
ORDER.
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(a) In determining whether to grant an emergency extreme risk protection order, the
court shall consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
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(b) The court shall advise the petitioner of the right to request an order after a hearing
under section 624.7172 separately from or simultaneously with the petition.
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(c) If the court finds there is probable cause that (1) the respondent poses a significant
danger of bodily harm to other persons or is at significant risk of suicide by possessing a
firearm, and (2) the respondent presents an immediate and present danger of either bodily
harm to others or of taking their life, the court shall issue an ex parte emergency order
prohibiting the respondent from possessing or purchasing a firearm for the duration of the
order. The order shall inform the respondent that the respondent is prohibited from possessing
or purchasing a firearm and shall issue a transfer order under section 624.7175, paragraph
(d).
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(d) A finding by the court that there is a basis for issuing an emergency extreme risk
protection order constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.
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(e) The emergency order shall have a fixed period of 14 days unless a hearing is set
under section 624.7172 on an earlier date, in which case the order shall expire upon a judge's
finding that no order is issued under section 624.7172.
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(f) Except as provided in paragraph (g), the respondent shall be personally served
immediately with a copy of the emergency order and a copy of the petition and, if a hearing
is requested by the petitioner under section 624.7172, notice of the date set for the hearing.
If the petitioner does not request a hearing under section 624.7172, an order served on a
respondent under this section must include a notice advising the respondent of the right to
request a hearing challenging the issuance of the emergency order, and must be accompanied
by a form that can be used by the respondent to request a hearing.
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(g) Service of the emergency order may be made by alternate service as provided under
section 624.7172, subdivision 1, paragraph (e), provided that the petitioner files the affidavit
required under that subdivision. If the petitioner does not request a hearing under section
624.7172, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing described in paragraph (f).
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Sec. 6.
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[624.7175] TRANSFER OF FIREARMS.
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(a) Except as provided in paragraph (b), upon issuance of an extreme risk protection
order, the court shall direct the respondent to transfer any firearms the person possesses as
soon as reasonably practicable, but in no case later than 24 hours, to a federally licensed
firearms dealer or a law enforcement agency. If the respondent elects to transfer the
respondent's firearms to a law enforcement agency, the agency must accept the transfer.
The transfer may be permanent or temporary. A temporary firearm transfer only entitles
the receiving party to possess the firearm and does not transfer ownership or title. If the
respondent makes a temporary transfer, a federally licensed firearms dealer or law
enforcement agency may charge the respondent a reasonable fee to store the firearms and
may establish policies for disposal of abandoned firearms, provided these policies require
that the respondent be notified prior to disposal of abandoned firearms. If a respondent
permanently transfers the respondent's firearms to a law enforcement agency, the agency
is not required to compensate the respondent and may charge the respondent a reasonable
processing fee.
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(b) A person directed to transfer any firearms pursuant to paragraph (a) may transfer
any antique firearm, as defined in United States Code, title 18, section 921, paragraph (a),
clause (16), as amended, or a curio or relic as defined in Code of Federal Regulations, title
27, section 478.11, as amended, to a relative who does not live with the respondent after
confirming that the relative may lawfully own or possess a firearm.
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(c) The respondent must file proof of transfer as provided in this paragraph.
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(1) A law enforcement agency or federally licensed firearms dealer accepting transfer
of a firearm pursuant to this section shall provide proof of transfer to the respondent. The
proof of transfer must specify whether the firearms were permanently or temporarily
transferred and must include the name of the respondent, date of transfer, and the serial
number, manufacturer, and model of all transferred firearms. If transfer is made to a federally
licensed firearms dealer, the respondent shall, within two business days after being served
with the order, file a copy of proof of transfer with the law enforcement agency and attest
that all firearms owned or possessed at the time of the order have been transferred in
accordance with this section and that the person currently does not possess any firearms. If
the respondent claims not to own or possess firearms, the respondent shall file a declaration
of nonpossession with the law enforcement agency attesting that, at the time of the order,
the respondent neither owned nor possessed any firearms, and that the respondent currently
neither owns nor possesses any firearms. If the transfer is made to a relative pursuant to
paragraph (b), the relative must sign an affidavit under oath before a notary public either
acknowledging that the respondent permanently transferred the respondent's antique firearms,
curios, or relics to the relative or agreeing to temporarily store the respondent's antique
firearms, curios, or relics until such time as the respondent is legally permitted to possess
firearms. To the extent possible, the affidavit shall indicate the serial number, make, and
model of all antique firearms, curios, or relics transferred by the respondent to the relative.
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(2) The court shall seal affidavits, proofs of transfer, and declarations of nonpossession
filed pursuant to this paragraph.
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(d) If a court issues an emergency order under section 624.7174, or makes a finding of
immediate and present danger under section 624.7172, subdivision 2, paragraph (f), and
there is probable cause to believe the respondent possesses firearms, the court shall issue a
search warrant to the local law enforcement agency to take possession of all firearms in the
respondent's possession as soon as practicable. The chief law enforcement officer or the
chief's designee shall notify the respondent of the option to voluntarily comply with the
order by surrendering the respondent's firearms to law enforcement prior to execution of
the search warrant. Only if the respondent refuses to voluntarily comply with the order to
surrender the respondent's firearms shall the officer or officers tasked with serving the search
warrant execute the warrant. The local law enforcement agency shall, upon written notice
from the respondent, transfer the firearms to a federally licensed firearms dealer. Before a
local law enforcement agency transfers a firearm under this paragraph, the agency shall
require the federally licensed firearms dealer receiving the firearm to submit a proof of
transfer that complies with the requirements for proofs of transfer established in paragraph
(c). The agency shall file all proofs of transfer received by the court within two business
days of the transfer. A federally licensed firearms dealer who accepts a firearm transfer
pursuant to this paragraph shall comply with paragraphs (a) and (c) as if accepting transfer
directly from the respondent. If the law enforcement agency does not receive written notice
from the respondent within three business days, the agency may charge a reasonable fee to
store the respondent's firearms. A law enforcement agency may establish policies for disposal
of abandoned firearms, provided these policies require that the respondent be notified prior
to disposal of abandoned firearms.
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Sec. 7.
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[624.7176] RETURN OF FIREARMS.
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new text begin Subdivision 1. new text end
new text begin Law enforcement. new text end
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A local law enforcement agency that accepted
temporary transfer of firearms under section 624.7175 shall return the firearms to the
respondent after the expiration of the order, provided the respondent is not otherwise
prohibited from possessing firearms under state or federal law.
new text end
new text begin Subd. 2. new text end
new text begin Firearms dealer. new text end
new text begin
A federally licensed firearms dealer that accepted temporary
transfer of firearms under section 624.7175 shall return the transferred firearms to the
respondent upon request after the expiration of the order, provided the respondent is not
otherwise prohibited from possessing firearms under state or federal law. A federally licensed
firearms dealer returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
new text end
Sec. 8.
new text begin
[624.7177] OFFENSES.
new text end
new text begin Subdivision 1. new text end
new text begin False information or harassment. new text end
new text begin
A person who petitions for an extreme
risk protection order under section 624.7172 or 624.7174, knowing any information in the
petition to be materially false or with the intent to harass, abuse, or threaten, is guilty of a
gross misdemeanor.
new text end
new text begin Subd. 2. new text end
new text begin Violation of order. new text end
new text begin
A person who possesses a firearm and knows or should
have known that the person is prohibited from doing so by an extreme risk protection order
under section 624.7172 or 624.7174, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of a misdemeanor
and shall be prohibited from possessing firearms for a period of five years. Each extreme
risk protection order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
new text end
Sec. 9.
new text begin
[624.7178] LIABILITY PROTECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Liability protection for petition. new text end
new text begin
A chief law enforcement officer, the
chief law enforcement officer's designee, or a city or county attorney who, in good faith,
decides not to petition for an extreme risk protection order or emergency extreme risk
protection order shall be immune from criminal or civil liability.
new text end
new text begin Subd. 2. new text end
new text begin Liability protection for storage of firearms. new text end
new text begin
A law enforcement agency shall
be immune from civil or criminal liability for any damage or deterioration of firearms,
ammunition, or weapons stored or transported pursuant to section 624.7175. This subdivision
shall not apply if the damage or deterioration occurred as a result of recklessness, gross
negligence, or intentional misconduct by the law enforcement agency.
new text end
new text begin Subd. 3. new text end
new text begin
Liability protection for harm following service of an order or execution of
a search warrant.
new text end
new text begin
A peace officer, law enforcement agency, and the state or a political
subdivision by which a peace officer is employed has immunity from any liability, civil or
criminal, for harm caused by a person who is the subject of an extreme risk protection order,
a search warrant issued pursuant to section 624.7175, paragraph (d), or both, after service
of the order or execution of the warrant, whichever comes first, if the peace officer acts in
good faith in serving the order or executing the warrant.
new text end
new text begin Subd. 4. new text end
new text begin Liability protection for mental health professionals. new text end
new text begin
A mental health
professional who provides notice to the sheriff under section 624.7171, subdivision 5, is
immune from monetary liability and no cause of action, or disciplinary action by the person's
licensing board, may arise against the mental health professional for disclosure of confidences
to the sheriff, for failure to disclose confidences to the sheriff, or for erroneous disclosure
of confidences to the sheriff in a good faith effort to warn against or take precautions against
a client's violent behavior or threat of suicide.
new text end
Sec. 10.
new text begin
[626.8481] EXTREME RISK PROTECTION ORDER; DEVELOPMENT
OF MODEL PROCEDURES.
new text end
new text begin
By December 1, 2023, the Peace Officer Standards and Training Board, after consulting
with the National Alliance on Mental Illness Minnesota, the Minnesota County Attorneys
Association, the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association,
and the Minnesota Police and Peace Officers Association, shall develop model procedures
and standards for the storage of firearms transferred to law enforcement under section
624.7175.
new text end
Sec. 11. new text begin FEDERAL BYRNE STATE CRISIS INTERVENTION PROGRAM.
new text end
new text begin
The Department of Public Safety is designated the state agency with the exclusive
authority to apply for federal Byrne State Crisis Intervention Program grants.
new text end
Sec. 12. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 9 are effective January 1, 2024, and apply to firearm permit background
checks made on or after that date.
new text end
ARTICLE 16
CONTROLLED SUBSTANCES POLICY
Section 1.
Minnesota Statutes 2022, section 121A.28, is amended to read:
121A.28 LAW ENFORCEMENT RECORDS.
A law enforcement agency shall provide notice of any drug incident occurring within
the agency's jurisdiction, in which the agency has probable cause to believe a student violated
section 152.021, 152.022, 152.023, 152.024, 152.025, 152.0262, 152.027, deleted text begin 152.092,deleted text end 152.097,
or 340A.503, subdivision 1, 2, or 3. The notice shall be in writing and shall be provided,
within two weeks after an incident occurs, to the chemical abuse preassessment team in the
school where the student is enrolled.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 151.01, is amended by adding a subdivision to
read:
new text begin Subd. 43. new text end
new text begin Syringe services provider. new text end
new text begin
"Syringe services provider" means a
community-based public health program that offers cost-free comprehensive harm reduction
services, which may include: providing sterile needles, syringes, and other injection
equipment; making safe disposal containers for needles and syringes available; educating
participants and others about overdose prevention, safer injection practices, and infectious
disease prevention; providing blood-borne pathogen testing or referrals to blood-borne
pathogen testing; offering referrals to substance use disorder treatment, including substance
use disorder treatment with medications for opioid use disorder; and providing referrals to
medical treatment and services, mental health programs and services, and other social
services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2022, section 151.40, subdivision 1, is amended to read:
Subdivision 1.
Generally.
It is unlawful for any person to deleted text begin possess, control,deleted text end manufacturedeleted text begin ,deleted text end
new text begin ornew text end selldeleted text begin , furnish, dispense, or otherwise dispose ofdeleted text end hypodermic syringes or needles or any
instrument or implement which can be adapted for subcutaneous injections, except for:
(1) the following persons when acting in the course of their practice or employment:
(i) licensed practitioners and their employees, agents, or delegates;
(ii) licensed pharmacies and their employees or agents;
(iii) licensed pharmacists;
(iv) registered nurses and licensed practical nurses;
(v) registered medical technologists;
(vi) medical interns and residents;
(vii) licensed drug wholesalers and their employees or agents;
(viii) licensed hospitals;
(ix) bona fide hospitals in which animals are treated;
(x) licensed nursing homes;
(xi) licensed morticians;
(xii) syringe and needle manufacturers and their dealers and agents;
(xiii) persons engaged in animal husbandry;
(xiv) clinical laboratories and their employees;
(xv) persons engaged in bona fide research or education or industrial use of hypodermic
syringes and needles provided such persons cannot use hypodermic syringes and needles
for the administration of drugs to human beings unless such drugs are prescribed, dispensed,
and administered by a person lawfully authorized to do so; deleted text begin and
deleted text end
(xvi) persons who administer drugs pursuant to an order or direction of a licensed
practitioner;new text begin and
new text end
new text begin
(xvii) syringe services providers and their employees and agents;
new text end
(2) a person who self-administers drugs pursuant to either the prescription or the direction
of a practitioner, or a family member, caregiver, or other individual who is designated by
such person to assist the person in obtaining and using needles and syringes for the
administration of such drugs;
(3) a person who is disposing of hypodermic syringes and needles through an activity
or program developed under section 325F.785; deleted text begin or
deleted text end
(4) a person who sellsdeleted text begin , possesses,deleted text end or handles hypodermic syringes and needles pursuant
to subdivision 2deleted text begin .deleted text end new text begin ; or
new text end
new text begin
(5) a participant receiving services from a syringe services provider, who accesses or
receives new syringes or needles from a syringe services provider or returns used syringes
or needles to a syringe services provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2022, section 151.40, subdivision 2, is amended to read:
Subd. 2.
Sales deleted text begin of limited quantitiesdeleted text end of clean needles and syringes.
(a) A registered
pharmacy or a licensed pharmacist may sell, without the prescription or direction of a
practitioner, unused hypodermic needles and syringes deleted text begin in quantities of ten or fewer,deleted text end provided
the pharmacy or pharmacist complies with all of the requirements of this subdivision.
(b) At any location where hypodermic needles and syringes are kept for retail sale under
this subdivision, the needles and syringes shall be stored in a manner that makes them
available only to authorized personnel and not openly available to customers.
(c) A registered pharmacy or licensed pharmacist that sells hypodermic needles or
syringes under this subdivision may give the purchaser the materials developed by the
commissioner of health under section 325F.785.
(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or
syringes under this subdivision must certify to the commissioner of health participation in
an activity, including but not limited to those developed under section 325F.785, that supports
proper disposal of used hypodermic needles or syringes.
Sec. 5.
Minnesota Statutes 2022, section 152.01, subdivision 12a, is amended to read:
Subd. 12a.
Park zone.
"Park zone" means an area designated as a public park by the
federal government, the state, a local unit of government, a park district board, deleted text begin ordeleted text end a park
and recreation board in a city of the first classnew text begin , or a federally recognized Indian Tribenew text end . "Park
zone" includes the area within 300 feet or one city block, whichever distance is greater, of
the park boundary.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2022, section 152.01, subdivision 18, is amended to read:
Subd. 18.
Drug paraphernalia.
(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substances under this chapter or the
Uniform Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, new text begin or new text end (3) deleted text begin testing the strength,
effectiveness, or purity of a controlled substance, or (4)deleted text end enhancing the effect of a controlled
substance.
(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
of: (1) deleted text begin hypodermic needles or syringes in accordance with section 151.40, subdivision 2deleted text end new text begin
hypodermic syringes or needles or any instrument or implement which can be adapted for
subcutaneous injectionsnew text end ; or (2) products that detect the presence of fentanyl or a fentanyl
analog in a controlled substance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to
read:
new text begin Subd. 25. new text end
new text begin Fentanyl. new text end
new text begin
As used in sections 152.021 to 152.025, "fentanyl" includes fentanyl,
carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152.02,
subdivisions 2 and 3.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2022, section 152.021, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in the first
degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine
and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or morenew text begin , or 40 dosage units or more,new text end containing
heroinnew text begin or fentanylnew text end ;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 50 grams or more containing a narcotic drug other than
cocaine, heroin, new text begin fentanyl, new text end or methamphetamine;
(5) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine,
or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or
more dosage units; or
(6) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of a controlled substance crime in
the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or morenew text begin , or 100 dosage units or more,new text end containing heroinnew text begin or fentanylnew text end ;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, new text begin fentanyl, new text end or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read:
Subdivision 1.
Sale crimes.
A person is guilty of controlled substance crime in the
second degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing a narcotic drug other than
heroinnew text begin or fentanylnew text end ;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of three grams or more containing cocaine or
methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of three grams or morenew text begin , or 12 dosage units or more,new text end
containing heroinnew text begin or fentanylnew text end ;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine,
or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or
more dosage units;
(5) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols;
(6) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person
under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully
sell the substance; or
(7) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, or a drug treatment facility:
(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or amphetamine; or
(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana
or Tetrahydrocannabinols.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or morenew text begin , or 50 dosage units or more,new text end containing heroinnew text begin or fentanylnew text end ;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, new text begin fentanyl, new text end or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroinnew text begin or fentanylnew text end ;
(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures ofnew text begin : (i)new text end a total weight of three grams or more containing heroinnew text begin ; or (ii)
a total weight of five grams or more, or 25 dosage units or more, containing fentanylnew text end ;
(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drugnew text begin other than heroin or fentanylnew text end , it is packaged
in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to crimes committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
A person is guilty of controlled substance crime
in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except a small amount of marijuananew text begin or a
residual amount of one or more mixtures of controlled substances contained in drug
paraphernalianew text end ; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2022, section 152.093, is amended to read:
152.093 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA
PROHIBITED.
It is unlawful for any person deleted text begin knowingly or intentionally to deliver drug paraphernalia
or knowingly ordeleted text end new text begin tonew text end intentionally deleted text begin to possess ordeleted text end manufacture drug paraphernalia for delivery.
Any violation of this section is a misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 152.205, is amended to read:
152.205 LOCAL REGULATIONS.
Sections 152.01, subdivision 18, and deleted text begin 152.092deleted text end new text begin 152.093new text end to 152.095 do not preempt
enforcement or preclude adoption of municipal or county ordinances prohibiting or otherwise
regulating the manufacture, delivery, possession, or advertisement of drug paraphernalia.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 16.
new text begin
[626.8443] OPIATE ANTAGONISTS; TRAINING; CARRYING; USE.
new text end
new text begin Subdivision 1. new text end
new text begin Training. new text end
new text begin
A chief law enforcement officer must provide basic training
to peace officers employed by the chief's agency on:
new text end
new text begin
(1) identifying persons who are suffering from narcotics overdoses; and
new text end
new text begin
(2) the proper use of opiate antagonists to treat a narcotics overdose.
new text end
new text begin Subd. 2. new text end
new text begin Mandatory supply. new text end
new text begin
A chief law enforcement officer must maintain a sufficient
supply of opiate antagonists to ensure that officers employed by the chief's agency can
satisfy the requirements of subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Mandatory carrying. new text end
new text begin
Each on-duty peace officer who is assigned to respond
to emergency calls must have at least two unexpired opiate antagonist doses readily available
when the officer's shift begins. An officer who depletes their supply of opiate antagonists
during the officer's shift shall replace the expended doses from the officer's agency's supply
so long as replacing the doses will not compromise public safety.
new text end
new text begin Subd. 4. new text end
new text begin Authorization of use. new text end
new text begin
(a) A chief law enforcement officer must authorize peace
officers employed by the chief's agency to perform administration of an opiate antagonist
when an officer believes a person is suffering a narcotics overdose.
new text end
new text begin
(b) In order to administer opiate antagonists, a peace officer must comply with section
151.37, subdivision 12, paragraph (b), clause (1).
new text end
Sec. 17. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 152.092,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
ARTICLE 17
CONTROLLED SUBSTANCES SCHEDULES
Section 1.
Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read:
Subd. 2.
Schedule I.
(a) Schedule I consists of the substances listed in this subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
following substances, including their analogs, isomers, esters, ethers, salts, and salts of
isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,
and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-
methylbenzamide(U47700);
(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);
(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol);
(60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl
fentanyl);
(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);
(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
(63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl
fentanyl);
(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);
(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);
(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide
(para-chloroisobutyryl fentanyl);
(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl
fentanyl);
(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide
(para-methoxybutyryl fentanyl);
(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);
(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl
fentanyl or para-fluoroisobutyryl fentanyl);
(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or
acryloylfentanyl);
(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl
fentanyl);
(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl
or 2-fluorofentanyl);
(74) N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide
(tetrahydrofuranyl fentanyl); deleted text begin and
deleted text end
(75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers,
esters and ethers, meaning any substance not otherwise listed under another federal
Administration Controlled Substance Code Number or not otherwise listed in this section,
and for which no exemption or approval is in effect under section 505 of the Federal Food,
Drug, and Cosmetic Act, United States Code , title 21, section 355, that is structurally related
to fentanyl by one or more of the following modifications:
(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether
or not further substituted in or on the monocycle;
(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo,
haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether,
hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iv) replacement of the aniline ring with any aromatic monocycle whether or not further
substituted in or on the aromatic monocycle; or
(v) replacement of the N-propionyl group by another acyl groupdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(76) 1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-
dihydro-2H-benzo[d]imidazol-2-one (brorphine);
new text end
new text begin
(77) 4'-methyl acetyl fentanyl;
new text end
new text begin
(78) beta-hydroxythiofentanyl;
new text end
new text begin
(79) beta-methyl fentanyl;
new text end
new text begin
(80) beta'-phenyl fentanyl;
new text end
new text begin
(81) crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide);
new text end
new text begin
(82) cyclopropyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
new text end
new text begin
(83) fentanyl carbamate;
new text end
new text begin
(84) isotonitazene (N,N-diethyl-2-(2-(4
isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(85) para-fluoro furanyl fentanyl;
new text end
new text begin
(86) para-methylfentanyl;
new text end
new text begin
(87) phenyl fentanyl;
new text end
new text begin
(88) ortho-fluoroacryl fentanyl;
new text end
new text begin
(89) ortho-fluorobutyryl fentanyl;
new text end
new text begin
(90) ortho-fluoroisobutyryl fentanyl;
new text end
new text begin
(91) ortho-methyl acetylfentanyl;
new text end
new text begin
(92) thiofuranyl fentanyl;
new text end
new text begin
(93) metonitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(94) metodesnitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(95) etodesnitazene; etazene
(2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);
new text end
new text begin
(96) protonitazene
(N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);
new text end
new text begin
(97) butonitazene
(2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);
new text end
new text begin
(98) flunitazene
(N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine); and
new text end
new text begin
(99) N-pyrrolidino etonitazene; etonitazepyne
(2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole).
new text end
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
and salts of isomers, unless specifically excepted or unless listed in another schedule,
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon.
(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
quantity of the following substances, their analogs, salts, isomers (whether optical, positional,
or geometric), and salts of isomers, unless specifically excepted or unless listed in another
schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is
possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxyamphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
(2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(65) N,N-Dipropyltryptamine (DPT);
(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
ethketamine, NENK);
(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii
Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,
and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,
its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not
apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian
Church, and members of the American Indian Church are exempt from registration. Any
person who manufactures peyote for or distributes peyote to the American Indian Church,
however, is required to obtain federal registration annually and to comply with all other
requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed in
another schedule, any material compound, mixture, or preparation which contains any
quantity of the following substances, their analogs, salts, isomers, and salts of isomers
whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam;
(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
methoxyketamine);
(6) tianeptine;
(7) clonazolam;
(8) etizolam;
(9) flubromazolam; and
(10) flubromazepam.
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material compound, mixture, or preparation which contains any quantity of the following
substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the
analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) 3-fluoro-N-methylcathinone (3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
naphyrone);
(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
(25) 4-methyl-N-ethylcathinone (4-MEC);
(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(29) 4-fluoro-N-methylcathinone (4-FMC);
(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone (α-PBP);
(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP);
(39) 1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone, ephylone);
deleted text begin and
deleted text end
(40) any other substance, except bupropion or compounds listed under a different
schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the
1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the
compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
methoxybenzyl groups; or
(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structuredeleted text begin .deleted text end new text begin ;
new text end
new text begin
(41) 4,4'-dimethylaminorex (4,4'-DMAR;
4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine);
new text end
new text begin
(42) 4-chloro-alpha-pyrrolidinovalerophenone (4-chloro-A-PVP);
new text end
new text begin
(43) para-methoxymethamphetamine (PMMA),
1-(4-methoxyphenyl)-N-methylpropan-2-amine; and
new text end
new text begin
(44) N-ethylhexedrone.
new text end
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
excepted or unless listed in another schedule, any natural or synthetic material, compound,
mixture, or preparation that contains any quantity of the following substances, their analogs,
isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except
that tetrahydrocannabinols do not include any material, compound, mixture, or preparation
that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic
equivalents of the substances contained in the cannabis plant or in the resinous extractives
of the plant; or synthetic substances with similar chemical structure and pharmacological
activity to those substances contained in the plant or resinous extract, including, but not
limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4
cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
extent and whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a
1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the
indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
substituted in the indole ring to any extent and whether or not substituted in the naphthyl
ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any
extent, whether or not substituted in the naphthyl ring to any extent. Examples of
naphthoylpyrroles include, but are not limited to,
(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any
extent, whether or not substituted in the naphthyl ring to any extent. Examples of
naphthylemethylindenes include, but are not limited to,
E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
extent, whether or not substituted in the phenyl ring to any extent. Examples of
phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a
2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic
ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not
limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
-phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
extent and whether or not substituted in the phenyl ring to any extent. Examples of
benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
48,098 or Pravadoline).
(viii) Others specifically named:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
(XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
(AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
(5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
(AB-PINACA);
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
1H-indazole-3-carboxamide (AB-FUBINACA);
(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
indazole-3-carboxamide(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
(5-fluoro-AMB);
(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
(FUBIMINA);
(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide;
(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
-1H-indazole-3-carboxamide;
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
H-indazole-3-carboxamide (MAB-CHMINACA);
(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
(ADB-PINACA);
(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
(X) N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-
3-carboxamide. (APP-CHMINACA);
(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
(ix) Additional substances specifically named:
(A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
(B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide
(4-CN-Cumyl-Butinaca);
(C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; CBL2201);
(D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1
H-indazole-3-carboxamide (5F-ABPINACA);
(E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate
(MDMB CHMICA);
(F) methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate
(5F-ADB; 5F-MDMB-PINACA); deleted text begin and
deleted text end
(G) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)
1H-indazole-3-carboxamide (ADB-FUBINACA)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(H) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide;
new text end
new text begin
(I) (1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3- tetramethylcyclopropyl)methanone;
new text end
new text begin
(J) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3,3-dimethylbutanoate;
new text end
new text begin
(K) methyl 2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate;
new text end
new text begin
(L) ethyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate;
new text end
new text begin
(M) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3- methylbutanoate;
new text end
new text begin
(N) N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide; and
new text end
new text begin
(O) N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide.
new text end
(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended
for human consumption.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2022, section 152.02, subdivision 3, is amended to read:
Subd. 3.
Schedule II.
(a) Schedule II consists of the substances listed in this subdivision.
(b) Unless specifically excepted or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction from substances of vegetable
origin or independently by means of chemical synthesis, or by a combination of extraction
and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or
opiate.
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxegol;
(G) naloxone;
(H) naltrexone; and
(I) their respective salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(2) any salt, compound, derivative, or preparation thereof which is chemically equivalent
or identical with any of the substances referred to in clause (1), except that these substances
shall not include the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca leaves
(including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers
and derivatives), and any salt, compound, derivative, or preparation thereof which is
chemically equivalent or identical with any of these substances, except that the substances
shall not include decocainized coca leaves or extraction of coca leaves, which extractions
do not contain cocaine or ecgonine;
(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid,
or powder form which contains the phenanthrene alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule,
whenever the existence of such isomers, esters, ethers and salts is possible within the specific
chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM);
(13) levomethorphan;
(14) levorphanol;
(15) metazocine;
(16) methadone;
(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(18) moramide - intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic
acid;
(19) pethidine;
(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) phenazocine;
(24) piminodine;
(25) racemethorphan;
(26) racemorphan;
(27) remifentanil;
(28) sufentanil;
(29) tapentadol;
(30) 4-Anilino-N-phenethylpiperidinedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(31) oliceridine;
new text end
new text begin
(32) norfentanyl (N-phenyl-N-(piperidin-4-yl) propionamide).
new text end
(d) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomers, and salts of its isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate;
(5) lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another schedule, any material,
compound, mixture, or preparation which contains any quantity of the following substances
having a depressant effect on the central nervous system, including its salts, isomers, and
salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible
within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) secobarbital;
(4) pentobarbital;
(5) phencyclidine;
(6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Cannabinoids:
(1) nabilone;
(2) dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution
in a drug product approved for marketing by the United States Food and Drug Administration.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2022, section 152.02, subdivision 5, is amended to read:
Subd. 5.
Schedule IV.
(a) Schedule IV consists of the substances listed in this subdivision.
(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule,
any material, compound, mixture, or preparation containing any of the following narcotic
drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities
as follows:
(1) not more than one milligram of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit;
(2) dextropropoxyphene (Darvon and Darvocet);
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and
geometric isomers, and salts of these isomers (including tramadol);
(4) eluxadoline;
(5) pentazocine; and
(6) butorphanol (including its optical isomers).
(c) Depressants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation containing any quantity of the following
substances, including its salts, isomers, and salts of isomers whenever the existence of the
salts, isomers, and salts of isomers is possible:
(1) alfaxalone (5α-pregnan-3α-ol-11,20-dione);
(2) alprazolam;
(3) barbital;
(4) bromazepam;
(5) camazepam;
(6) carisoprodol;
(7) chloral betaine;
(8) chloral hydrate;
(9) chlordiazepoxide;
(10) clobazam;
(11) clonazepam;
(12) clorazepate;
(13) clotiazepam;
(14) cloxazolam;
(15) delorazepam;
(16) diazepam;
(17) dichloralphenazone;
(18) estazolam;
(19) ethchlorvynol;
(20) ethinamate;
(21) ethyl loflazepate;
(22) fludiazepam;
(23) flurazepam;
(24) fospropofol;
(25) halazepam;
(26) haloxazolam;
(27) ketazolam;
(28) loprazolam;
(29) lorazepam;
(30) lormetazepam mebutamate;
(31) medazepam;
(32) meprobamate;
(33) methohexital;
(34) methylphenobarbital;
(35) midazolam;
(36) nimetazepam;
(37) nitrazepam;
(38) nordiazepam;
(39) oxazepam;
(40) oxazolam;
(41) paraldehyde;
(42) petrichloral;
(43) phenobarbital;
(44) pinazepam;
(45) prazepam;
(46) quazepam;
(47) suvorexant;
(48) temazepam;
(49) tetrazepam;
(50) triazolam;
(51) zaleplon;
(52) zolpidem;
(53) zopiclonedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(54) brexanolone (3α-hydroxy-5α-pregnan-20-one);
new text end
new text begin
(55) lemborexant;
new text end
new text begin
(56) remimazolam (4H-imidazol[1,2-a][1,4]benzodiazepine4-propionic acid).
new text end
(d) Any material, compound, mixture, or preparation which contains any quantity of the
following substance including its salts, isomers, and salts of such isomers, whenever the
existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any
material, compound, mixture, or preparation which contains any quantity of the following
substances having a stimulant effect on the central nervous system, including its salts,
isomers, and salts of isomers:
(1) cathine (norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamine;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline (including organometallic complexes and chelates thereof);
(9) phentermine;
(10) pipradol;
(11) sibutramine;
(12) SPA (1-dimethylamino-1,2-diphenylethane)deleted text begin .deleted text end new text begin ;
new text end
new text begin
(13) serdexmethylphenidate;
new text end
new text begin
(14) solriamfetol (2-amino-3-phenylpropyl car-bamate; benzenepropanol, beta-amino-,
carbamate (ester)).
new text end
(f) lorcaserin.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 152.02, subdivision 6, is amended to read:
Subd. 6.
Schedule V; restrictions on methamphetamine precursor drugs.
(a) As used
in this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or preparation
intended for human consumption containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not include
the sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of
atropine sulfate per dosage unit;
(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
(v) not more than 0.5 milligrams of difenoxin and not less than 25 micrograms of atropine
sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of the
following substance having a stimulant effect on the central nervous system, including its
salts, isomers, and salts of isomers: pyrovalerone.
(3) Depressants. Unless specifically exempted or excluded or unless listed in another
schedule, any material, compound, mixture, or preparation that contains any quantity of the
following substance having a depressant effect on the central nervous system, including its
salts, isomers, and salts of isomers:
(i) ezogabine;
(ii) pregabalin;
(iii) lacosamidedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(iv) cenobamate [(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl]carbamate.
new text end
(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages of a
methamphetamine precursor drug or a combination of methamphetamine precursor drugs
or any combination of packages exceeding a total weight of six grams, calculated as the
base.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or more
methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine
base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not more
than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit
dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs in
an over-the-counter sale shall ensure that all packages of the drugs are displayed behind a
checkout counter where the public is not permitted and are offered for sale only by a licensed
pharmacist, a registered pharmacy technician, or a pharmacy clerk. The establishment shall
ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name of
the buyer, and the amount of the drug sold.
A document described under clause (2) must be retained by the establishment for at least
three years and must at all reasonable times be open to the inspection of any law enforcement
agency.
Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.
(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs, calculated as the base, within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor drug
to a person under the age of 18 years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the evidence that the defendant
reasonably and in good faith relied on proof of age as described in section 340A.503,
subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that offers
for sale methamphetamine precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties
for violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and
(2) documents that an employee training program was in place to provide the employee
or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid form; or
(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of Public Safety, shall
certify methamphetamine precursor drugs that meet the requirements of paragraph (k),
clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections deleted text begin 151.42 to 151.51deleted text end new text begin 151.43 to 151.471new text end and registered with and regulated
by the United States Drug Enforcement Administration are exempt from the
methamphetamine precursor drug storage requirements of this section.
(n) This section preempts all local ordinances or regulations governing the sale by a
business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 18
911 EMERGENCY COMMUNICATION SYSTEM
Section 1.
Minnesota Statutes 2022, section 403.02, subdivision 7, is amended to read:
Subd. 7.
Automatic location identification.
"Automatic location identification" means
the process of electronically identifying and displaying deleted text begin the name of the subscriber and the
locationdeleted text end , where available, deleted text begin of the calling telephone numberdeleted text end new text begin the name of the subscriber, the
communications device's current location, and the callback numbernew text end to a deleted text begin persondeleted text end new text begin public safety
telecommunicatornew text end answering a 911 emergency call.
Sec. 2.
Minnesota Statutes 2022, section 403.02, subdivision 9a, is amended to read:
Subd. 9a.
Callback number.
"Callback number" means a new text begin telephone new text end number new text begin or
functionally equivalent Internet address or device identification number new text end used by the public
safety answering point to deleted text begin recontactdeleted text end new text begin contactnew text end the deleted text begin locationdeleted text end new text begin devicenew text end from which the 911 call was
placed.
Sec. 3.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 10a. new text end
new text begin Cost recovery. new text end
new text begin
"Cost recovery" means costs incurred by
commissioner-approved originating service providers specifically for the purpose of providing
access to the 911 network for their subscribers or maintenance of 911 customer databases.
These costs may be reimbursed to the requesting originating service provider. Recoverable
costs include only those costs that the requesting provider would avoid if the provider were
not providing access to the 911 network or maintenance of 911 customer databases.
new text end
Sec. 4.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 10b. new text end
new text begin Cybersecurity. new text end
new text begin
"Cybersecurity" means the prevention of damage to,
unauthorized use of, exploitation of, and if needed, the restoration of, electronic information
and communications systems and services and the information contained therein to ensure
confidentiality, integrity, and availability.
new text end
Sec. 5.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 10c. new text end
new text begin
Emergency communications network service provider
(ECNSP).
new text end
new text begin
"Emergency communications network service provider" or "ECNSP" means a
service provider, determined by the commissioner to be capable of providing effective and
efficient components of the 911 network or its management that provides or manages all
or portions of the statewide 911 emergency communications network. The ECNSP is the
entity or entities that the state contracts with to provide facilities and services associated
with operating and maintaining the Minnesota statewide 911 network.
new text end
Sec. 6.
Minnesota Statutes 2022, section 403.02, subdivision 11b, is amended to read:
Subd. 11b.
Emergency response location.
"Emergency response location" means a
location to which deleted text begin adeleted text end 911 deleted text begin emergency response teamdeleted text end new text begin servicesnew text end may be dispatched. The location
must be specific enough to provide a reasonable opportunity for deleted text begin the emergency response
team to locatedeleted text end a caller new text begin to be located new text end anywhere within it.
Sec. 7.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 11c. new text end
new text begin Emergency services. new text end
new text begin
"Emergency services" includes but is not limited to
firefighting, police, ambulance, medical, or other mobile services dispatched, monitored,
or controlled by a public safety answering point.
new text end
Sec. 8.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 11d. new text end
new text begin Emergency Services Internet (ESInet). new text end
new text begin
"Emergency Services Internet" or
"ESInet" means an Internet protocol-based and multipurpose network supporting local,
regional, and national public safety communications services in addition to 911 services.
The ESInet is comprised of three network components, including ingress network, next
generation core services, and egress network.
new text end
Sec. 9.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 12a. new text end
new text begin End user equipment. new text end
new text begin
"End user equipment" means any device held or
operated by an employee of a public safety agency, except for public safety
telecommunicators, for the purpose of receiving voice or data communications outside of
a public safety answering point. This includes but is not limited to mobile radios, portable
radios, pagers, mobile computers, tablets, and cellular telephones.
new text end
Sec. 10.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 13a. new text end
new text begin Geographical Information System (GIS). new text end
new text begin
"Geographical Information
System" or "GIS" means a system for capturing, storing, displaying, analyzing, and managing
data and associated attributes that are spatially referenced.
new text end
Sec. 11.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 14a. new text end
new text begin Internet protocol (IP). new text end
new text begin
"Internet protocol" or "IP" means the method by
which data are sent from one computer to another on the Internet or other networks.
new text end
Sec. 12.
Minnesota Statutes 2022, section 403.02, subdivision 16a, is amended to read:
Subd. 16a.
Multiline telephone systemnew text begin (MLTS)new text end .
"Multiline telephone system" new text begin or
"MLTS" new text end means a deleted text begin private telephonedeleted text end system comprised of common control units, deleted text begin telephones,
anddeleted text end new text begin telephone sets,new text end control hardware deleted text begin anddeleted text end new text begin ,new text end software deleted text begin that share a common interface to the
public switched telephone networkdeleted text end new text begin , and adjunct systems used to support the capabilities
outlined in this chapternew text end . This includes network and premises-based systems new text begin such as Centrex,
VoIP, PBX, Hybrid, and Key Telephone Systems, as classified by the Federal
Communications Commission requirements under Code of Federal Regulations, title 47,
part 68, new text end and systems owned or leased by governmental agencies deleted text begin anddeleted text end new text begin ,new text end nonprofit entities, deleted text begin as
well asdeleted text end new text begin andnew text end for-profit businesses.
Sec. 13.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16c. new text end
new text begin Next generation core services (NGCS). new text end
new text begin
"Next generation core services" or
"NGCS" means the base set of services needed to process a 911 call on an ESInet. These
services include but are not limited to the Emergency Services Routing Proxy, Emergency
Call Routing Function, Location Validation Function, Border Control Function, Bridge,
Policy Store, Logging Services, and typical IP services such as DNS and DHCP. Next
generation core services includes only the services and not the network on which they
operate.
new text end
Sec. 14.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16d. new text end
new text begin Next generation 911 (NG911). new text end
new text begin
"Next generation 911" or "NG911" means
an Internet protocol-based system comprised of managed Emergency Services IP networks,
functional elements and applications, and databases that replicate the traditional E911
features and functions and that also provides additional capabilities based on industry
standards. NG911 is designed to provide access to emergency services from all connected
communications services and provide multimedia data capabilities for public safety answering
points and other emergency services organizations.
new text end
Sec. 15.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16e. new text end
new text begin 911 call. new text end
new text begin
"911 call" means any form of communication requesting any type
of emergency services by contacting a public safety answering point, including voice or
nonvoice communications, as well as transmission of any analog or digital data. 911 call
includes a voice call, video call, text message, or data-only call.
new text end
Sec. 16.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16f. new text end
new text begin 911 network. new text end
new text begin
"911 network" means:
new text end
new text begin
(1) a legacy telecommunications network that supports basic and enhanced 911 service;
or
new text end
new text begin
(2) the ESInet that is used for 911 calls that can be shared by all public safety answering
points and that provides the IP transport infrastructure upon which independent public safety
application platforms and core functional processes can be deployed, including but not
limited to those necessary for providing next generation 911 service capability.
new text end
new text begin
A network may be constructed from a mix of dedicated and shared facilities and may be
interconnected at local, regional, state, national, and international levels.
new text end
Sec. 17.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16g. new text end
new text begin 911 system. new text end
new text begin
"911 system" means a coordinated system of technologies,
networks, hardware, and software applications that a public safety answering point must
procure and maintain in order to connect to the state 911 network and provide 911 services.
new text end
Sec. 18.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 16h. new text end
new text begin Originating service provider (OSP). new text end
new text begin
"Originating service provider" or
"OSP" means an entity that provides the capability for customers to originate 911 calls to
public safety answering points, including wire-line communications service providers, Voice
over Internet Protocol service providers, and wireless communications service providers.
new text end
Sec. 19.
Minnesota Statutes 2022, section 403.02, subdivision 17, is amended to read:
Subd. 17.
911 service.
"911 service" means deleted text begin a telecommunications service that
automatically connects a person dialing the digits 911 to an established public safety
answering point. 911 service includes:deleted text end new text begin the emergency response service a public safety
answering point provides as a result of processing 911 calls through its 911 system.
new text end
deleted text begin
(1) customer data and network components connecting to the common 911 network and
database;
deleted text end
deleted text begin
(2) common 911 network and database equipment, as appropriate, for automatically
selectively routing 911 calls to the public safety answering point serving the caller's
jurisdiction; and
deleted text end
deleted text begin
(3) provision of automatic location identification if the public safety answering point
has the capability of providing that service.
deleted text end
Sec. 20.
Minnesota Statutes 2022, section 403.02, subdivision 17c, is amended to read:
Subd. 17c.
deleted text begin 911deleted text end new text begin Public safetynew text end telecommunicator.
"deleted text begin 911deleted text end new text begin Public safetynew text end telecommunicator"
means a person employed by a public safety answering point, an emergency medical dispatch
service provider, or both, who is qualified to answer incoming emergency telephone callsnew text begin ,
text messages, and computer notificationsnew text end or provide for the appropriate emergency response
either directly or through communication with the appropriate public safety answering point.
Sec. 21.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 17e. new text end
new text begin Point of interconnection (POI). new text end
new text begin
"Point of interconnection" or "POI" means
the location or locations within the 911 network where OSPs deliver 911 calls on behalf of
their users or subscribers for delivery to the appropriate public service answering point.
new text end
Sec. 22.
Minnesota Statutes 2022, section 403.02, subdivision 18, is amended to read:
Subd. 18.
Public safety agency.
"Public safety agency" means deleted text begin a functional division of
a public agency which provides firefighting, police, medical, or other emergency services,
or a private entity which provides emergency medical or ambulance servicesdeleted text end new text begin an agency that
provides emergency services to the publicnew text end .
Sec. 23.
Minnesota Statutes 2022, section 403.02, subdivision 19, is amended to read:
Subd. 19.
Public safety answering pointnew text begin (PSAP)new text end .
"Public safety answering point" new text begin or
"PSAP" new text end means a new text begin governmental agency operating a 24-hour new text end communications facility deleted text begin operated
on a 24-hour basis whichdeleted text end new text begin thatnew text end first receives 911 new text begin and other emergency new text end calls deleted text begin from persons in
a 911 service area and which may, as appropriatedeleted text end , new text begin central station notifications, text messages,
and computer notifications and new text end directly deleted text begin dispatch public safetydeleted text end new text begin dispatches emergency responsenew text end
services or deleted text begin extend, transfer, or relay 911 callsdeleted text end new text begin relays communicationsnew text end to appropriate public
safety agenciesnew text begin according to a specific operational policynew text end .
Sec. 24.
Minnesota Statutes 2022, section 403.02, subdivision 19a, is amended to read:
Subd. 19a.
Secondary public safety answering point.
"Secondary public safety
answering point" means a communications facility thatdeleted text begin : (1) is operated on a 24-hour basis,
in which a minimum of three public safety answering points (PSAPs) route calls for
postdispatch or prearrival instructions; (2) receives calls directly from medical facilities to
reduce call volume at the PSAPs; and (3) is able to receive 911 calls routed to it from a
PSAP when the PSAP is unable to receive or answer 911 callsdeleted text end new text begin receives calls transferred
from a public safety answering point and is connected to the 911 networknew text end .
Sec. 25.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19c. new text end
new text begin Public Utilities Commission (PUC). new text end
new text begin
"Public Utilities Commission" or
"PUC" means the Minnesota state commission defined in section 216A.03.
new text end
Sec. 26.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19d. new text end
new text begin Regional board. new text end
new text begin
"Regional board" means one of the seven emergency
services and emergency communications boards in this state.
new text end
Sec. 27.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19e. new text end
new text begin Service user. new text end
new text begin
"Service user" means any person who initiates a 911 call to
receive emergency services.
new text end
Sec. 28.
Minnesota Statutes 2022, section 403.02, is amended by adding a subdivision to
read:
new text begin Subd. 19f. new text end
new text begin Voice over Internet Protocol (VoIP) service provider. new text end
new text begin
"Voice over Internet
Protocol service provider" or "VoIP service provider" means an entity that provides distinct
packetized voice information in a digital format using the Internet protocol directly or
through a third party, marketed or sold as either a telephone service or an information service
interconnected with the PSTN, including both facilities-based service providers and resellers
of such services.
new text end
Sec. 29.
Minnesota Statutes 2022, section 403.02, subdivision 20, is amended to read:
Subd. 20.
Wire-line deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service provider.
"Wire-line
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service provider" means a person, firm, association,
corporation, or other legal entity, however organized, or combination of them, authorized
by state or federal regulatory agencies to furnish deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end
service, including local service, over wire-line facilities.
Sec. 30.
Minnesota Statutes 2022, section 403.02, subdivision 20a, is amended to read:
Subd. 20a.
Wireless deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service.
"Wireless
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service" means a commercial mobile radio service,
as that term is defined in Code of Federal Regulations, title 47, section 20.3, including all
broadband personal communication services, wireless radio telephone services, and
geographic area specialized mobile radio licensees, that offer real-time, two-way voice
service interconnected with the public switched telephone network.
Sec. 31.
Minnesota Statutes 2022, section 403.02, subdivision 21, is amended to read:
Subd. 21.
Wireless deleted text begin telecommunicationsdeleted text end new text begin communications new text end service provider.
"Wireless
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service provider" means a provider of wireless
deleted text begin telecommunicationsdeleted text end new text begin communicationsnew text end service.
Sec. 32.
Minnesota Statutes 2022, section 403.025, is amended to read:
403.025 911 EMERGENCY deleted text begin TELECOMMUNICATIONSdeleted text end new text begin COMMUNICATIONSnew text end
SYSTEM new text begin AND SERVICES new text end REQUIRED.
deleted text begin Subdivision 1. deleted text end
deleted text begin General requirement. deleted text end
deleted text begin
Each county shall operate and maintain a 911
emergency telecommunications system.
deleted text end
Subd. 1a.
Emergency telephone number 911.
The digits 911, so designated by the
Federal Communications Commission, must be the primary emergency telephone number
within the deleted text begin systemdeleted text end new text begin 911 networknew text end . A public safety agency may maintain a separate secondary
backup number for emergency calls and deleted text begin shalldeleted text end new text begin mustnew text end maintain a separate number for
nonemergency telephone calls.
new text begin Subd. 1b. new text end
new text begin State requirements. new text end
new text begin
The commissioner must establish, maintain, and make
available to all counties a statewide interoperable ESInet backbone 911 network that ensures
interoperability between all public safety answering points connected to the network and
meets the requirements of counties operating 911 systems that have an approved update to
their 911 plans.
new text end
new text begin Subd. 1c. new text end
new text begin Contractual requirements. new text end
new text begin
(a) The commissioner must contract with one or
more ECNSPs to deliver the 911 network.
new text end
new text begin
(b) The contract language or subsequent amendments to the contracts between the parties
must contain provisions on how the 911 call routing and location validation data provided
by the counties will be utilized by the ECNSPs, including how data coordination and quality
assurance with the counties will be conducted.
new text end
new text begin
(c) The contract language or subsequent amendments to contracts between the parties
must contain provisions for resolving disputes.
new text end
new text begin
(d) All data required under this chapter or Minnesota Rules, chapter 7580, to route 911
calls, provide caller location, or validate possible 911 caller location information that is
utilized or intended to be utilized by the 911 system must be provided by the counties and
the state without cost and may be utilized by ECNSPs and OSPs for purposes of performing
location data quality assurance, ensuring 911 system performance and statutory compliance.
Use of the data is governed by section 403.07 and Minnesota Rules, chapter 7580.
new text end
new text begin Subd. 1d. new text end
new text begin Intergovernmental agreements. new text end
new text begin
Intergovernmental agreements may be
implemented between the commissioner and counties or regional boards to support 911
system plan changes, communicate the network design, and specify cybersecurity standards.
The commissioner must develop the master agreement in collaboration with the governmental
entity.
new text end
new text begin Subd. 1e. new text end
new text begin County requirements. new text end
new text begin
(a) Each county must operate and maintain a 911
system and provide 911 services.
new text end
new text begin
(b) Each county is responsible for creating and maintaining a master street address guide
and Geographical Information Systems data necessary to support accurate 911 call routing
and location validation required to support the 911 network.
new text end
new text begin Subd. 1f. new text end
new text begin 911 plans. new text end
new text begin
Each participating county, federal, Tribal, or other organization
must maintain and update a 911 plan that accurately documents current operations and 911
system configurations within the public safety answering point in accordance with Minnesota
Rules, chapter 7580. The commissioner must review 911 system plans for compliance with
911 network and cybersecurity standards required under Minnesota Rules, chapter 7580.
new text end
new text begin Subd. 1g. new text end
new text begin Secondary public safety answering point requirements. new text end
new text begin
Secondary public
safety answering points may be required to engage in agreements with the commissioner
regarding network design standards, cybersecurity standards, and 911 fee audits.
new text end
Subd. 2.
Multijurisdictional system.
The new text begin 911 network, 911 services, and new text end 911 systems
may be multijurisdictional and regional in character provided that design and implementation
are preceded by cooperative planning on a county-by-county basis with local public safety
agencies.new text begin An intergovernmental agreement must be in place between the participating
government entities in a multijurisdictional or regional system, and the commissioner must
be notified of the 911 plan change in accordance with Minnesota Rules, chapter 7580.
new text end
Subd. 3.
Connected deleted text begin telecommunicationsdeleted text end new text begin originatingnew text end service provider
requirements.
deleted text begin
Every owner and operator of a wire-line or wireless circuit switched or
packet-based telecommunications system connected to the public switched telephone network
shall design and maintain the system to dial the 911 number without charge to the caller.
deleted text end
new text begin
Every OSP must allow Minnesota customers to access 911 without charge and deliver the
request for emergency assistance to the 911 network at a state-designated POI and provide
caller location information unless there are circumstances beyond the control of the provider
to define a valid caller address, geographic location, and primary place of address.
new text end
new text begin Subd. 3a. new text end
new text begin Originating service provider contractual requirements. new text end
new text begin
(a) The state may
contract with the appropriate wire-line telecommunications service providers or other entities
determined by the commissioner to be eligible for cost recovery for providing access to the
911 network for their subscribers.
new text end
new text begin
(b) The contract language or subsequent amendments to the contract must include a
description of the costs that are being reimbursed. The contract language or subsequent
amendments must include the terms of compensation based on the effective tariff or price
list filed with the Public Utilities Commission or the prices agreed to by the parties.
new text end
new text begin
(c) The contract language or subsequent amendments to contracts between the parties
must contain a provision for resolving disputes.
new text end
deleted text begin Subd. 4. deleted text end
deleted text begin Wireless requirements. deleted text end
deleted text begin
Every owner and operator of a wireless
telecommunications system shall design and maintain the system to dial the 911 number
without charge to the caller.
deleted text end
Subd. 5.
Pay phone requirements.
Every pay phone owner and operator deleted text begin shalldeleted text end new text begin mustnew text end
permit dialing of the 911 number without coin and without charge to the caller.
Subd. 6.
Multistation or PBX system.
Every owner and operator of a multistation or
private branch exchange (PBX) multiline telephone system deleted text begin shalldeleted text end new text begin mustnew text end design and maintain
the system to dial the 911 number without charge to the caller.
deleted text begin Subd. 7. deleted text end
deleted text begin Contractual requirements. deleted text end
deleted text begin
(a) The state shall contract with the county or other
governmental agencies operating public safety answering points and with the appropriate
wire-line telecommunications service providers or other entities determined by the
commissioner to be capable of providing effective and efficient components of the 911
system for the operation, maintenance, enhancement, and expansion of the 911 system.
deleted text end
deleted text begin
(b) The contract language or subsequent amendments to the contract must include a
description of the services to be furnished to the county or other governmental agencies
operating public safety answering points. The contract language or subsequent amendments
must include the terms of compensation based on the effective tariff or price list filed with
the Public Utilities Commission or the prices agreed to by the parties.
deleted text end
deleted text begin
(c) The contract language or subsequent amendments to contracts between the parties
must contain a provision for resolving disputes.
deleted text end
Sec. 33.
Minnesota Statutes 2022, section 403.03, subdivision 2, is amended to read:
Subd. 2.
Telephone cardiopulmonary resuscitation program.
(a) deleted text begin On or before July
1, 2021,deleted text end Every public safety answering point must maintain a telephone cardiopulmonary
resuscitation program by either:
(1) providing each 911 telecommunicator with training in cardiopulmonary resuscitation;
or
(2) transferring callers to another public safety answering point with 911
telecommunicators that have received training in cardiopulmonary resuscitation.
(b) Training in cardiopulmonary resuscitation must, at a minimum, include:
(1) use of an evidence-based protocol or script for providing cardiopulmonary
resuscitation instruction that has been recommended by an academic institution or a nationally
recognized organization specializing in medical dispatch and, if the public safety answering
point has a medical director, approved by that medical director; and
(2) appropriate continuing education, as determined by the evidence-based protocol for
providing cardiopulmonary resuscitation instruction and, if the public safety answering
point has a medical director, approved by that medical director.
(c) A public safety answering point that transfers callers to another public safety
answering point must, at a minimum:
(1) use an evidence-based protocol for the identification of a person in need of
cardiopulmonary resuscitation;
(2) provide each 911 telecommunicator with appropriate training and continuing education
to identify a person in need of cardiopulmonary resuscitation through the use of an
evidence-based protocol; and
(3) ensure that any public safety answering point to which calls are transferred uses 911
telecommunicators who meet the training requirements under paragraph (b).
(d) Each public safety answering point shall conduct ongoing quality assurance of its
telephone cardiopulmonary resuscitation program.
Sec. 34.
Minnesota Statutes 2022, section 403.05, is amended to read:
403.05 911 deleted text begin SYSTEMdeleted text end new text begin NETWORKnew text end OPERATION AND MAINTENANCE.
Subdivision 1.
Operate and maintain.
deleted text begin Each county or any other governmental agency
shalldeleted text end new text begin The commissioner mustnew text end operate and maintain deleted text begin itsdeleted text end new text begin a statewidenew text end 911 deleted text begin system to meetdeleted text end new text begin
network meetingnew text end the requirements deleted text begin of governmental agencies whose services are available
through the 911 system and to permit future expansion or enhancement of the system.deleted text end new text begin set
forth by the commissioner through rules established under chapter 14, including but not
limited to network and data performance measures, diversity, redundancy, interoperability,
and cybersecurity. Each county, federal, Tribal, or other organization connected to the
statewide 911 network must operate and maintain a 911 system that meets the requirements
of governmental agencies whose services are available through the 911 network.
new text end
new text begin Subd. 1a. new text end
new text begin GIS validation and aggregation. new text end
new text begin
The commissioner must provide geospatial
data validation and aggregation tools that counties need in order to share the GIS data
required for the 911 network.
new text end
deleted text begin Subd. 2. deleted text end
deleted text begin Rule requirements for 911 system plans. deleted text end
deleted text begin
Each county or any other
governmental agency shall maintain and update its 911 system plans as required under
Minnesota Rules, chapter 7580.
deleted text end
new text begin Subd. 2a. new text end
new text begin Responsibilities of PSAPs. new text end
new text begin
(a) Each PSAP connecting to the statewide 911
network must comply with state and, where applicable, regional 911 plans. Federal, Tribal,
or other governmental organizations operating their own 911 systems must be approved by
the commissioner.
new text end
new text begin
(b) Any PSAP not connected to the state 911 network that desires to interact with a 911
system or has an agreement for shared 911 services must be interoperable with the state
911 network.
new text end
Subd. 3.
Agreements for service.
deleted text begin
Each county or any other governmental agency shall
contract with the state for the recurring and nonrecurring costs associated with operating
and maintaining 911 emergency communications systems. If requested by the county or
other governmental agency, the county or agency is entitled to be a party to any contract
between the state and any wire-line telecommunications service provider or 911 emergency
telecommunications service provider providing components of the 911 system within the
county.
deleted text end
new text begin
The state must contract for facilities and services associated with the operation and
maintenance of the statewide 911 network and ESInet. The contract and any subsequent
amendments must include a description of the services to be provided and the terms of
compensation based on the prices agreed to by the parties.
new text end
Sec. 35.
Minnesota Statutes 2022, section 403.06, is amended to read:
403.06 COMMISSIONER'S DUTIES.
Subdivision 1.
System coordination, improvements, variations, and agreements.
The
commissioner deleted text begin shalldeleted text end new text begin maynew text end coordinate new text begin with counties on new text end the new text begin management and new text end maintenance of
new text begin their new text end 911 systems. new text begin If requested, new text end the commissioner deleted text begin shalldeleted text end new text begin mustnew text end aid counties in the formulation
of deleted text begin concepts, methods,deleted text end new text begin their public safety answering point plans, system design plans,
performance and operational requirements,new text end and procedures which will improve the operation
and maintenance of new text begin their new text end 911 systems. deleted text begin The commissioner shall establish procedures for
determining and evaluating requests for variations from the established design standards.
The commissioner shall respond to requests by wireless or wire-line telecommunications
service providers or by counties or other governmental agencies for system agreements,
contracts, and tariff language promptly and no later than within 45 days of the request unless
otherwise mutually agreed to by the parties.
deleted text end
Subd. 1a.
Biennial budget; annual financial report.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end
prepare a biennial budget deleted text begin for maintaining the 911 system.deleted text end by December 15 of each yeardeleted text begin ,deleted text end new text begin .new text end
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end submit a report to the legislature detailing the expenditures
for maintaining the 911 deleted text begin systemdeleted text end new text begin networknew text end , the 911 fees collected, the balance of the 911 fund,
deleted text begin thedeleted text end 911-related administrative expenses of the commissioner, and the most recent forecast
of revenues and expenditures for the 911 emergency telecommunications service account,
including a separate projection of deleted text begin E911deleted text end new text begin 911new text end fees from prepaid wireless customers and
projections of year-end fund balances. The commissioner is authorized to expend money
that has been appropriated to pay for the maintenance, enhancements, and expansion of the
911 deleted text begin systemdeleted text end new text begin networknew text end .
new text begin Subd. 1b. new text end
new text begin Connection plan required; commissioner review and enforcement. new text end
new text begin
(a)
The commissioner must respond to network and database change requests by OSPs promptly
and no later than 45 days after the request unless otherwise mutually agreed to by the parties.
All network and location database variances requested by OSPs connecting to the ESInet
must comply with Minnesota Rules.
new text end
new text begin
(b) All OSPs must submit and maintain a plan for connection to the 911 network POIs
in accordance with the requirements set forth in Minnesota Rules. The commissioner must
review all connection plans to ensure compliance with all 911 network and database design
and performance requirements.
new text end
Subd. 2.
Waiver.
Any county, deleted text begin other governmental agency, wireless telecommunications
service provider, or wire-line telecommunications service providerdeleted text end new text begin federal, Tribal, or other
organization connected to the statewide 911 network or OSPnew text end may petition the commissioner
for a waiver of all or portions of the requirements. A waiver may be granted upon a
demonstration by the petitioner that the requirement is economically infeasible.
Sec. 36.
Minnesota Statutes 2022, section 403.07, is amended to read:
403.07 new text begin NETWORK new text end STANDARDS ESTABLISHED; DATA PRIVACY.
Subdivision 1.
Rules.
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end establish and adopt in accordance
with chapter 14, rules for the administration of this chapter and for the development of 911
deleted text begin systemsdeleted text end new text begin networknew text end in the state including:
(1) design new text begin and performance new text end standards for new text begin the new text end 911 deleted text begin systems incorporating the standards
adopted pursuant to subdivision 2 for the seven-county metropolitan areadeleted text end new text begin network, including
but not limited to network, routing, and database standards for counties, OSPs, and ECNSPsnew text end ;
and
(2) deleted text begin a procedure for determining and evaluating requests for variations from the established
design standardsdeleted text end new text begin design and performance standards for the ten-county metropolitan area,
incorporating the standards adopted pursuant to subdivision 2new text end .
Subd. 2.
Design standards for metropolitan area.
The Metropolitan Emergency
Services Board deleted text begin shalldeleted text end new text begin must new text end establish and adopt design new text begin and performance new text end standards for the
deleted text begin metropolitan area 911 system and transmit them to the commissioner for incorporation into
the rules adopted pursuant to this section.deleted text end new text begin 911 network for the ten-county metropolitan area,
including but not limited to network design, routing, and database standards for counties,
OSPs, and ECNSPs operating in the ten-county metropolitan area and provide them to the
commissioner in accordance with chapter 14 for incorporation into the rules adopted pursuant
to this section. The standards must be interoperable with the statewide 911 network and
data standards.
new text end
Subd. 3.
deleted text begin Databasedeleted text end new text begin Location datanew text end .
deleted text begin
In 911 systems that have been approved by the
commissioner for a local location identification database, each wire-line telecommunications
service provider shall provide current customer names, service addresses, and telephone
numbers to each public safety answering point within the 911 system and shall update the
information according to a schedule prescribed by the county 911 plan. Information provided
under this subdivision must be provided in accordance with the transactional record disclosure
requirements of the federal Communications Act of 1934, United States Code, title 47,
section 222, subsection (g).
deleted text end
new text begin
All OSPs must provide to the 911 network, at the time of each
911 call, the location of the device making the 911 call, unless there are circumstances
beyond the control of the provider that prevents the OSP from sharing the location data.
Any OSP supplying the location of 911 calls in civic address form must prevalidate the
address to location data supplied by the county accessible through the NGCS.
new text end
new text begin Subd. 3a. new text end
new text begin Access to data for accuracy. new text end
new text begin
(a) OSPs must, upon request of the state, a
region, the ECNSP, or a PSAP, provide a description or copy of subscriber address location
information or GIS data used by the OSP that is necessary to verify location and routing
accuracy of 911 calls. Any ECNSP routing 911 calls must, upon request of the state, provide
a copy of routing files used in determining PSAP selection for the purpose of verifying
routing accuracy.
new text end
new text begin
(b) OSPs must, upon request of the state, a region, the ECNSP, or a PSAP, provide a
copy of subscriber address location information for uses specific to 911 systems. This request
may carry a cost to the requester.
new text end
new text begin Subd. 3b. new text end
new text begin Database standards in metropolitan area. new text end
new text begin
The Metropolitan Emergency
Services Board must establish and adopt 911 database standards for OSPs operating in the
ten-county metropolitan area 911 system and provide them to the commissioner for
incorporation in accordance with chapter 14 into the rules adopted pursuant to this section.
new text end
Subd. 4.
Use of furnished information.
(a) Names, addresses, and telephone numbers
provided to a 911 system under subdivision 3 are private data and may be used only:
(1) to identify the location or identity, or both, of a person calling a 911 deleted text begin public safety
answering pointdeleted text end new text begin PSAPnew text end ; or
(2) by a deleted text begin public safety answering pointdeleted text end new text begin PSAPnew text end to notify the public of an emergency.
new text begin (b) new text end The information furnished under deleted text begin subdivision 3deleted text end new text begin this chapter and the rules adopted
pursuant to subdivision 1new text end may not be used or disclosed by 911 system agencies, their agents,
or their employees for any other purpose except under a court order.
deleted text begin (b)deleted text end new text begin (c)new text end For purposes of this subdivision, "emergency" means a situation in which property
or human life is in jeopardy and the prompt notification of the public by the public safety
answering point is essential.
Subd. 5.
Liability.
(a) deleted text begin A wire-line telecommunications service providerdeleted text end new text begin An OSPnew text end , its
employees, or its agents are not liable to any person who uses deleted text begin enhanced 911
telecommunications servicedeleted text end new text begin NG911 servicesnew text end for release of subscriber information required
under this chapter to any deleted text begin public safety answering pointdeleted text end new text begin PSAPnew text end .
(b) deleted text begin A wire-line telecommunications service providerdeleted text end new text begin An OSPnew text end is not liable to any person
for the good-faith release to emergency communications personnel of information not in
the public record, including, but not limited to, nonpublished or nonlisted telephone numbersnew text begin ,
except for willful or wanton misconductnew text end .
deleted text begin
(c) A wire-line telecommunications service provider, its employees, or its agents are not
liable to any person for civil damages resulting from or caused by any act or omission in
the development, design, installation, operation, maintenance, performance, or provision
of enhanced 911 telecommunications service, except for willful or wanton misconduct.
deleted text end
deleted text begin
(d) A multiline telephone system manufacturer, provider, or operator is not liable for
any civil damages or penalties as a result of any act or omission, except willful or wanton
misconduct, in connection with developing, designing, installing, maintaining, performing,
provisioning, adopting, operating, or implementing any plan or system required by section
403.15.
deleted text end
deleted text begin (e) A telecommunications service providerdeleted text end new text begin (c) An OSPnew text end that participates in or cooperates
with the public safety answering point in notifying the public of an emergency, as authorized
under subdivision 4, is immune from liability arising out of the notification except for willful
or wanton misconduct.
Sec. 37.
Minnesota Statutes 2022, section 403.08, is amended to read:
403.08 deleted text begin WIRELESS TELECOMMUNICATIONSdeleted text end new text begin ORIGINATINGnew text end SERVICE
deleted text begin PROVIDERdeleted text end new text begin PROVIDERSnew text end .
Subd. 7.
Duties.
deleted text begin
Each wireless telecommunications service provider shall cooperate in
planning and implementing integration with enhanced 911 systems operating in their service
territories to meet Federal Communications Commission-enhanced 911 standards. Each
wireless telecommunications service provider shall annually develop and provide to the
commissioner good-faith estimates of installation and recurring expenses to integrate wireless
911 service into the enhanced 911 networks to meet Federal Communications Commission
phase one wireless enhanced 911 standards. The commissioner shall coordinate with counties
and affected public safety agency representatives in developing a statewide design and plan
for implementation.
deleted text end
new text begin
Each originating service provider (OSP) must cooperate in planning
and implementing integration with the statewide 911 network to meet Federal
Communications Commission and Public Utilities Commission 911 requirements, as
applicable.
new text end
Subd. 9.
Scope.
Planning considerations must include deleted text begin cost, degree of integration into
existing 911 systems, the retention of existing 911 infrastructure, and the potential
implications of phase 2 of the Federal Communications Commission wireless enhanced
911 standardsdeleted text end new text begin a plan to interconnect to the 911 network POIs, the retention and reuse of
existing 911 infrastructure, and the implications of the Federal Communications
Commission's wireless location accuracy requirementsnew text end .
Subd. 10.
Plan integration.
deleted text begin
Counties shall incorporate the statewide design when
modifying county 911 plans to provide for integrating wireless 911 service into existing
county 911 systems.
deleted text end
new text begin
An OSP must annually submit plans to the commissioner detailing
how they will connect, or confirming how they already connect, to the statewide 911 network.
new text end
Subd. 11.
Liability.
(a) No deleted text begin wireless enhanced 911 emergency telecommunications
service providerdeleted text end new text begin OSPnew text end , its employees, or its agents are liable to any person for civil damages
resulting from or caused by any act or omission in the development, design, installation,
operation, maintenance, performance, or provision of deleted text begin enhanceddeleted text end 911 wireless service, except
for willful or wanton misconduct.
deleted text begin
(b) No wireless carrier, its employees, or its agents are liable to any person who uses
enhanced 911 wireless service for release of subscriber information required under this
chapter to any public safety answering point.
deleted text end
new text begin
(b) A multiline telephone system manufacturer, provider, or operator is not liable for
any civil damages or penalties as a result of any act or omission, except willful or wanton
misconduct, in connection with developing, designing, installing, maintaining, performing,
provisioning, adopting, operating, or implementing any plan or system required by section
403.15.
new text end
deleted text begin Subd. 12. deleted text end
deleted text begin Notification of subscriber. deleted text end
deleted text begin
A provider of wireless telecommunications services
shall notify its subscribers at the time of initial subscription and four times per year thereafter
that a 911 emergency call made from a wireless telephone is not always answered by a local
public safety answering point but may be routed to a State Patrol dispatcher and that,
accordingly, the caller must provide specific information regarding the caller's location.
deleted text end
Sec. 38.
Minnesota Statutes 2022, section 403.09, subdivision 2, is amended to read:
Subd. 2.
Commission authority.
At the request of the public utilities commission, the
attorney general may commence proceedings before the district court pursuant to section
237.27, against any deleted text begin wire-line telecommunicationsdeleted text end new text begin originatingnew text end service provider that new text begin falls
under the commission's authority and new text end refuses to comply with this chapter.
Sec. 39.
Minnesota Statutes 2022, section 403.10, subdivision 2, is amended to read:
Subd. 2.
Notice to deleted text begin public safetydeleted text end new text begin governmentnew text end agency.
deleted text begin Public safetydeleted text end new text begin Governmentnew text end agencies
with jurisdictional responsibilities deleted text begin shalldeleted text end new text begin mustnew text end in all cases be notified by the public safety
answering point of a request for service in their jurisdiction.
Sec. 40.
Minnesota Statutes 2022, section 403.10, subdivision 3, is amended to read:
Subd. 3.
Allocating costs.
Counties, public agencies, operating public safety answering
points, and other local governmental units may enter into cooperative agreements under
section 471.59 for the allocation of operational and capital costs attributable to the 911
systemnew text begin and 911 servicesnew text end .
Sec. 41.
Minnesota Statutes 2022, section 403.11, is amended to read:
403.11 911 SYSTEM COST ACCOUNTING REQUIREMENTS; FEE.
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each customer
of deleted text begin a wireless or wire-line switched or packet-based telecommunicationsdeleted text end new text begin an originatingnew text end
service provider connected to the public switched telephone network that furnishes service
capable of originating a 911 emergency telephone call is assessed a fee based upon the
number of wired or wireless telephone lines, or their equivalent, new text begin to provide access to the
911 network and maintenance of the 911 customer database, or when the only option, new text end to
cover the costs of ongoing maintenance and related improvements for trunking and central
office switching equipment new text begin and maintenance of 911 customer databases new text end for 911 emergency
telecommunications service, to offset administrative and staffing costs of the commissioner
related to managing the 911 emergency telecommunications service program, to make
distributions provided for in section 403.113, and to offset the costs, including administrative
and staffing costs, incurred by the State Patrol Division of the Department of Public Safety
in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid new text begin and defined reserves are met new text end must not cancel and is carried
forward to subsequent years and may be appropriated deleted text begin from time to timedeleted text end to the commissioner
to provide financial assistance to deleted text begin countiesdeleted text end new text begin eligible entitiesnew text end for the improvement of deleted text begin local
emergency telecommunications servicesdeleted text end new text begin 911 systems in compliance with use as designated
in section 403.113, subdivision 3new text end .
(c) The fee may not be more than 95 cents a month on or after July 1, 2010, for each
customer access line or other basic access service, including trunk equivalents as designated
by the Public Utilities Commission for access charge purposes and including wireless
telecommunications services. With the approval of the commissioner of management and
budget, the commissioner of public safety deleted text begin shalldeleted text end new text begin mustnew text end establish the amount of the fee within
the limits specified and inform the companies and carriers of the amount to be collected.
deleted text begin When the revenue bonds authorized under section 403.27, subdivision 1, have been fully
paid or defeased, the commissioner shall reduce the fee to reflect that debt service on the
bonds is no longer needed.deleted text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end provide companies and carriers a
minimum of 45 days' notice of each fee change. The fee must be the same for all customers,
except that the fee imposed under this subdivision does not apply to prepaid wireless
telecommunications service, which is instead subject to the fee imposed under section
403.161, subdivision 1, paragraph (a).
(d) The fee must be collected by each deleted text begin wireless or wire-line telecommunicationsdeleted text end new text begin
originatingnew text end service provider subject to the fee. Fees are payable to and must be submitted
to the commissioner monthly before the 25th of each month following the month of
collection, except that fees may be submitted quarterly if less than $250 a month is due, or
annually if less than $25 a month is due. Receipts must be deposited in the state treasury
and credited to a 911 emergency telecommunications service account in the special revenue
fund. The money in the account may only be used for 911 telecommunications services.new text begin
The money in the account may only be used for costs outlined in section 403.113.
new text end
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Subd. 1a.
Fee collection declaration.
If the commissioner disputes the accuracy of a
fee submission or if no fees are submitted by deleted text begin a wireless, wire-line, or packet-based
telecommunications service provider, the wireless, wire-line, or packet-based
telecommunicationsdeleted text end new text begin an originatingnew text end service provider deleted text begin shalldeleted text end new text begin , the OSP mustnew text end submit a sworn
declaration signed by an officer of the company certifying, under penalty of perjury, that
the information provided with the fee submission is true and correct. The sworn declaration
must specifically describe and affirm that the 911 fee computation is complete and accurate.
When deleted text begin a wireless, wire-line, or packet-based telecommunications service providerdeleted text end new text begin an OSPnew text end
fails to provide a sworn declaration within 90 days of notice by the commissioner that the
fee submission is disputed, the commissioner may estimate the amount due from the deleted text begin wireless,
wire-line, or packet-based telecommunications service providerdeleted text end new text begin OSPnew text end and refer that amount
for collection under section 16D.04.
Subd. 1b.
Examination of fees.
If the commissioner determines that an examination is
necessary to document the fee submission and sworn declaration in subdivision 1a, the
deleted text begin wireless, wire-line, or packet-based telecommunications service providerdeleted text end new text begin OSPnew text end must contract
with an independent certified public accountant to conduct an examination of fees. The
examination must be conducted in accordance with attestation audit standards.
Subd. 3.
Method of payment.
(a) Any wireless or wire-line telecommunications service
provider incurring reimbursable costs under subdivision 1 deleted text begin shall submit an invoice itemizing
rate elements by county or service area to the commissioner for 911 services furnished under
contract. Any wireless or wire-line telecommunications service provider is eligible to receive
payment for 911 services rendered according to the terms and conditions specified in the
contract. The commissioner shall pay the invoice within 30 days following receipt of the
invoice unless the commissioner notifies the service provider that the commissioner disputes
the invoicedeleted text end new text begin must be paid in accordance with the amount and terms of their valid cost recovery
contract as described in section 403.025, subdivision 3anew text end .
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end estimate the amount required to reimburse deleted text begin 911
emergency telecommunications service providers and wireless and wire-line
telecommunications service providersdeleted text end new text begin the OSPnew text end for the state's obligations under subdivision
1 and the governor deleted text begin shalldeleted text end new text begin mustnew text end include the estimated amount in the biennial budget request.
deleted text begin Subd. 3a. deleted text end
deleted text begin Timely invoices. deleted text end
deleted text begin
An invoice for services provided for in the contract with a
wireless or wire-line telecommunications service provider must be submitted to the
commissioner no later than 90 days after commencing a new or additional eligible 911
service. Each applicable contract must provide that, if certified expenses under the contract
deviate from estimates in the contract by more than ten percent, the commissioner may
reduce the level of service without incurring any termination fees.
deleted text end
deleted text begin Subd. 3b. deleted text end
deleted text begin Declaration. deleted text end
deleted text begin
If the commissioner disputes an invoice, the wireless and
wire-line telecommunications service providers shall submit a declaration under section
16A.41 signed by an officer of the company with the invoices for payment of service
described in the service provider's 911 contract. The sworn declaration must specifically
describe and affirm that the 911 service contracted for is being provided and the costs
invoiced for the service are true and correct. When a wireless or wire-line telecommunications
service provider fails to provide a sworn declaration within 90 days of notice by the
commissioner that the invoice is disputed, the disputed amount of the invoice must be
disallowed.
deleted text end
Subd. 3c.
Audit.
If the commissioner determines that an audit is necessary to document
the deleted text begin invoice and sworn declaration in subdivision 3bdeleted text end new text begin costs eligible for recovery as detailed
in subdivision 1new text end , the deleted text begin wireless or wire-line telecommunications service providerdeleted text end new text begin OSPnew text end must
contract with an independent certified public accountant to conduct the audit. The audit
must be conducted according to generally accepted accounting principles. The deleted text begin wireless or
wire-line telecommunications service providerdeleted text end new text begin OSPnew text end is responsible for any costs associated
with the audit.
Subd. 3d.
Eligible telecommunications carrier; requirement.
No deleted text begin wireless
communications providerdeleted text end new text begin OSPnew text end may provide telecommunications services under a designation
of eligible telecommunications carrier, as provided under Minnesota Rules, part 7811.1400,
until and unless the commissioner of public safety certifies to the chair of the public utilities
commission that the wireless telecommunications provider is not in arrears in amounts owed
to the 911 emergency telecommunications service account in the special revenue fund.
Subd. 4.
Local recurring costs.
Recurring costs deleted text begin ofdeleted text end new text begin not covered as part of the state 911
network contracts fornew text end telecommunications equipment and services at public safety answering
points must be borne by the local governmental agency operating the public safety answering
point or allocated pursuant to section 403.10, subdivision 3. Costs attributable to local
government electives for services not otherwise addressed under section 403.11 or 403.113
must be borne by the governmental agency requesting the elective service.
Subd. 5.
Tariff notification.
Wire-line telecommunications service providers or wireless
telecommunications service providers holding eligible telecommunications carrier status
deleted text begin shalldeleted text end new text begin mustnew text end give notice to the commissioner and any other affected governmental agency of
tariff or price list changes related to 911 service at the same time that the filing is made with
the public utilities commission.
Subd. 6.
new text begin OSP new text end report.
(a) deleted text begin Beginningdeleted text end new text begin Eachnew text end September 1deleted text begin , 2013, and continuing
semiannually thereafterdeleted text end new text begin and March 1new text end , each deleted text begin wireless telecommunications service provider
shalldeleted text end new text begin OSP mustnew text end report to the commissioner, based on the deleted text begin mobiledeleted text end new text begin subscriber'snew text end telephone
numberdeleted text begin , bothdeleted text end new text begin . Wireless communication providers must includenew text end the total number of prepaid
wireless telecommunications subscribers sourced to Minnesota and the total number of
wireless telecommunications subscribers sourced to Minnesota. The report must be filed
on the same schedule as Federal Communications Commission Form 477.
(b) The commissioner deleted text begin shalldeleted text end new text begin mustnew text end make a standard form available to all wireless
telecommunications service providers for submitting information required to compile the
report required under this subdivision.
(c) The information provided to the commissioner under this subdivision is considered
trade secret information under section 13.37 and may only be used for purposes of
administering this chapter.
Sec. 42.
Minnesota Statutes 2022, section 403.113, is amended to read:
403.113 deleted text begin ENHANCEDdeleted text end 911 SERVICE COSTS; FEE.
Subdivision 1.
Fee.
A portion of the fee collected under section 403.11 must be used to
fund implementation, operation, maintenance, enhancement, and expansion of deleted text begin enhanceddeleted text end new text begin
thenew text end 911 deleted text begin servicedeleted text end new text begin networknew text end , including acquisition of necessary equipment and the costs of the
commissioner to administer the programnew text begin in accordance with Federal Communications
Commission rulesnew text end .
Subd. 2.
Distribution of money.
(a) After payment of the costs of the commissioner to
administer the program, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end distribute the money collected under
this section as follows:
(1) one-half of the amount equally to all qualified counties, and after October 1, 1997,
to all qualified counties, existing ten public safety answering points operated by the
Minnesota State Patrol, and each governmental entity operating the individual public safety
answering points serving the Metropolitan Airports Commission, the Red Lake Indian
Reservation, and the University of Minnesota Police Department; and
(2) the remaining one-half to qualified counties and cities with existing 911 systems
based on each county's or city's percentage of the total population of qualified counties and
cities. The population of a qualified city with an existing system must be deducted from its
county's population when calculating the county's share under this clause if the city seeks
direct distribution of its share.
(b) A county's share under subdivision 1 must be shared pro rata between the county
and existing city systems in the county. A county or city or other governmental entity as
described in paragraph (a), clause (1), deleted text begin shalldeleted text end new text begin mustnew text end deposit money received under this
subdivision in an interest-bearing fund or account separate from the governmental entity's
general fund and may use money in the fund or account only for the purposes specified in
subdivision 3.
(c) A county or city or other governmental entity as described in paragraph (a), clause
(1), is not qualified to share in the distribution of money for deleted text begin enhanceddeleted text end 911 service if it has
not implemented enhanced 911 service before December 31, 1998.
(d) For the purposes of this subdivision, "existing city system" means a city 911 system
that provides at least basic 911 service and that was implemented on or before April 1, 1993.
Subd. 3.
Local expenditures.
(a) Money distributed under subdivision 2 for deleted text begin enhanceddeleted text end
911 deleted text begin servicedeleted text end new text begin systems or servicesnew text end may be spent on deleted text begin enhanceddeleted text end 911 system costs for the purposes
stated in subdivision 1deleted text begin . In addition, money may be spent to lease, purchase, lease-purchase,
or maintain enhanced 911 equipment, including telephone equipment; recording equipment;
computer hardware; computer software for database provisioning, addressing, mapping,
and any other software necessary for automatic location identification or local location
identification; trunk lines; selective routing equipment; the master street address guide;
dispatcher public safety answering point equipment proficiency and operational skills; pay
for long-distance charges incurred due to transferring 911 calls to other jurisdictions; and
the equipment necessary within the public safety answering point for community alert
systems and to notify and communicate with the emergency services requested by the 911
caller.deleted text end new text begin as well as expenses deemed allowable in accordance with Code of Federal Regulations,
title 47, section 9.2.
new text end
(b) Money distributed for deleted text begin enhanceddeleted text end 911 deleted text begin servicedeleted text end new text begin systems or servicesnew text end may not be spent
on:
(1) purchasing or leasing of real estate or cosmetic additions to or remodeling of
deleted text begin communications centersdeleted text end new text begin public safety answering pointsnew text end ;
(2) deleted text begin mobile communications vehicles,deleted text end fire engines, ambulances, law enforcement vehicles,
or other emergency vehicles;
(3) signs, posts, or other markers related to addressing or any costs associated with the
installation or maintenance of signs, posts, or markersdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(4) any purposes prohibited by the Federal Communications Commission;
new text end
new text begin
(5) the transfer of 911 fees into a state or other jurisdiction's general fund or other fund
for non-911 purposes;
new text end
new text begin
(6) public safety telecommunicator salaries unless associated with training functions;
and
new text end
new text begin
(7) the leasing or purchase of end user equipment.
new text end
Subd. 4.
Audits.
new text begin (a) new text end Each county and city or deleted text begin other governmental entitydeleted text end new text begin federal, Tribal,
or other organization connected to the statewide 911 networknew text end as described in subdivision
2, paragraph (a), clause (1), deleted text begin shalldeleted text end new text begin or secondary public safety answering point mustnew text end conduct
deleted text begin an annual auditdeleted text end new text begin a compliance report in accordance with Minnesota Rules, chapter 7580, and
Code of Federal Regulations, title 47, section 9.25,new text end on the use of funds distributed to it for
deleted text begin enhanceddeleted text end 911 deleted text begin servicedeleted text end new text begin systems or services to ensure the distribution is spent according to
subdivision 3new text end . A copy of each deleted text begin auditdeleted text end new text begin compliancenew text end report must be submitted to the
commissioner.
new text begin
(b) The commissioner may request a state audit of a county, federal, Tribal, or other
organization connected to the statewide 911 network which receives 911 funds from the
state to operate its 911 system or service to ensure compliance with subdivision 3.
new text end
new text begin
(c) Failure to submit a compliance report may result in a disruption of 911 fee distribution
until the compliance report is submitted.
new text end
Sec. 43.
Minnesota Statutes 2022, section 403.15, subdivision 1, is amended to read:
Subdivision 1.
Multistation or PBX system.
Except as otherwise provided in this
section, every owner and operator of a new multistation or private branch exchange (PBX)
multiline telephone system purchased new text begin or upgraded new text end after December 31, 2004, deleted text begin shalldeleted text end new text begin mustnew text end
design and maintain the system to provide a callback number new text begin or ten-digit caller ID new text end and
emergency response location.
Sec. 44.
Minnesota Statutes 2022, section 403.15, subdivision 2, is amended to read:
Subd. 2.
Multiline telephone system user dialing instructions.
new text begin (a) new text end Each multiline
telephone system new text begin (MLTS) new text end operator must demonstrate or otherwise inform each new telephone
system user how to call for emergency assistance from that particular multiline telephone
system.
new text begin
(b) MLTS platforms that are manufactured, imported, offered for first sale or lease, first
sold or leased, or installed after February 16, 2020, must enable users to directly initiate a
call to 911 from any station equipped with dialing facilities without dialing any additional
digit, code, prefix, or postfix, including any trunk-access code such as the digit nine,
regardless of whether the user is required to dial such a digit, code, prefix, or postfix for
other calls.
new text end
new text begin
(c) MLTSs that are manufactured, imported, offered for first sale or lease, first sold or
leased, or installed after February 16, 2020, must be configured so that upon an occurrence
of a 911 call it will provide a notification that a 911 call has been made to a central location
at the facility where the system is installed or to another person or organization, regardless
of location, if the system is able to be configured to provide the notification without an
improvement to the hardware or software of the system.
new text end
Sec. 45.
Minnesota Statutes 2022, section 403.15, subdivision 3, is amended to read:
Subd. 3.
Shared residential multiline telephone system.
On and after January 1, 2005,
operators of shared multiline telephone systems, whenever installed, serving residential
customers deleted text begin shalldeleted text end new text begin mustnew text end ensure that the shared multiline telephone system is connected to the
public switched network and that 911 calls from the system result in at least one distinctive
automatic number identification and automatic location identification for each residential
unit, except those requirements do not apply if the residential facility maintains one of the
following:
(1) automatic location identification for each respective emergency response location;
(2) the ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
pointnew text begin operated by the facilitynew text end ; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
Sec. 46.
Minnesota Statutes 2022, section 403.15, subdivision 4, is amended to read:
Subd. 4.
Hotel or motel multiline telephone system.
Operators of hotel and motel
multiline telephone systems deleted text begin shalldeleted text end new text begin mustnew text end permit the dialing of 911 and deleted text begin shalldeleted text end new text begin mustnew text end ensure that
911 calls originating from hotel or motel multiline telephone systems allow the 911 system
to clearly identify the address and specific location of the 911 caller.
Sec. 47.
Minnesota Statutes 2022, section 403.15, subdivision 5, is amended to read:
Subd. 5.
Business multiline telephone system.
(a) An operator of business multiline
telephone systems connected to the public switched telephone network and serving business
locations of one employer deleted text begin shalldeleted text end new text begin mustnew text end ensure that calls to 911 from any telephone on the
system result in one of the following:
(1) automatic location identification for each respective emergency response location;
(2) an ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
pointnew text begin operated by the employernew text end ; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
(b) Except as provided in paragraph (c), providers of multiline telephone systems serving
multiple employers' business locations deleted text begin shalldeleted text end new text begin mustnew text end ensure that calls to 911 from any telephone
result in automatic location identification for the respective emergency response location
of each business location sharing the system.
(c) Only one emergency response location is required in the following circumstances:
(1) an employer's work space is less than 40,000 square feet, located on a single floor
and on a single contiguous property;
(2) an employer's work space is less than 7,000 square feet, located on multiple floors
and on a single contiguous property; or
(3) an employer's work space is a single public entrance, single floor facility on a single
contiguous property.
Sec. 48.
Minnesota Statutes 2022, section 403.15, subdivision 6, is amended to read:
Subd. 6.
Schools.
A multiline telephone system operated by a public or private
educational institution, including a system serving dormitories and other residential
customers, is subject to this subdivision and is not subject to subdivision 3. The operator
of the education institution multiline system connected to the public switched network must
ensure that calls to 911 from any telephone on the system result in one of the following:
(1) automatic location identification for each respective emergency response location;
(2) an ability to direct emergency responders to the 911 caller's location through an
alternative and adequate means, such as the establishment of a 24-hour private answering
pointnew text begin operated by the educational institutionnew text end ; or
(3) a connection to a switchboard operator, attendant, or other designated on-site
individual.
Sec. 49.
Minnesota Statutes 2022, section 403.15, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin MLTS location compliance notification. new text end
new text begin
Beginning July 1, 2023, all vendors
of MLTSs or hosted MLTS services in Minnesota must disclose to their customers the 911
location requirements in this chapter and include 911 location compliant capabilities in the
systems or services they sell.
new text end
Sec. 50. new text begin RENUMBERING.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall renumber the subdivisions of Minnesota
Statutes, section 403.02.
new text end
Sec. 51. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 403.02, subdivision 13; and 403.09, subdivision 3,
new text end
new text begin
are repealed.
new text end
ARTICLE 19
COMMUNITY SUPERVISION REFORM
Section 1.
Minnesota Statutes 2022, section 243.05, subdivision 1, is amended to read:
Subdivision 1.
Conditional release.
(a) The commissioner of corrections may parole
any person sentenced to confinement in any state correctional facility for adults under the
control of the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.
(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.
(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.
(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.
(f) Persons conditionally released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.
deleted text begin
(h) Unless the district court directs otherwise, state parole and probation agents may
require a person who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, to aid
the offender's rehabilitation, or both. Agents may impose up to eight hours of community
work service for each violation and up to a total of 24 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. The
commissioner may authorize an additional 40 hours of community work services, for a total
of 64 hours per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the time community work service is imposed, parole and
probation agents are required to provide written notice to the offender that states:
deleted text end
deleted text begin
(1) the condition of probation that has been violated;
deleted text end
deleted text begin
(2) the number of hours of community work service imposed for the violation; and
deleted text end
deleted text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end
deleted text begin
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end
deleted text begin
Community work service includes sentencing to service.
deleted text end
deleted text begin
(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient substance use disorder treatment. If a probation or parole agent
determines that community options are appropriate, the agent shall seek to restructure the
offender's terms of release to incorporate those options. If an offender on probation stipulates
deleted text end
deleted text begin
in writing to restructure the terms of release, a probation agent must forward a report to the
district court containing:
deleted text end
deleted text begin
(1) the specific nature of the technical violation of probation;
deleted text end
deleted text begin
(2) the recommended restructure to the terms of probation; and
deleted text end
deleted text begin
(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
deleted text end
deleted text begin
The recommended restructuring of probation becomes effective when confirmed by a
judge. The order of the court shall be proof of such confirmation and amend the terms of
the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
offender's parole or probation is revoked, the offender's agent must first attempt to place
the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
offender" is a person who meets the criteria described under section 244.0513, subdivision
2, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
of probation or a condition of parole, except an allegation of a subsequent criminal act that
is alleged in a formal complaint, citation, or petition.
deleted text end
Sec. 2.
Minnesota Statutes 2022, section 244.05, subdivision 3, is amended to read:
Subd. 3.
Sanctions for violation.
new text begin (a) new text end If an inmate violates the conditions of the inmate's
supervised release imposed by the commissioner, the commissioner may:
(1) continue the inmate's supervised release termdeleted text begin ,deleted text end with or withoutnew text begin :
new text end
new text begin (i)new text end modifying or enlarging the conditions imposed on the inmate; or
new text begin
(ii) transferring the inmate's case to a specialized caseload; or
new text end
(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
period deleted text begin of timedeleted text end .
new text begin
(b) Before revoking an inmate's supervised release because of a technical violation that
would result in reimprisonment, the commissioner must identify alternative interventions
to address and correct the violation only if:
new text end
new text begin
(1) the inmate does not present a risk to the public; and
new text end
new text begin
(2) the inmate is amenable to continued supervision.
new text end
new text begin
(c) If alternative interventions are appropriate and available, the commissioner must
restructure the inmate's terms of release to incorporate the alternative interventions.
new text end
new text begin (d) new text end Prior to revoking a nonviolent controlled substance offender's supervised release
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, the commissioner
must identify community options to address and correct the violation including, but not
limited to, inpatient substance use disorder treatment. If the commissioner determines that
community options are appropriate, the commissioner shall restructure the inmate's terms
of release to incorporate those options. If a nonviolent controlled substance offender's
supervised release is revoked, the offender's agent must first attempt to place the offender
in a local jail. For purposes of this subdivision, "nonviolent controlled substance offender"
is a person who meets the criteria described under section 244.0513, subdivision 2, clauses
(1), (2), and (5), and "technical violation" means a violation of a condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.
new text begin (e) new text end The period of time for which a supervised release may be revoked may not exceed
the period of time remaining in the inmate's sentence, except that if a sex offender is
sentenced and conditionally released under Minnesota Statutes 2004, section 609.108,
subdivision 5, the period of time for which conditional release may be revoked may not
exceed the balance of the conditional release term.
Sec. 3.
Minnesota Statutes 2022, section 244.19, subdivision 1, is amended to read:
Subdivision 1.
Appointment; joint services; state services.
(a) If a county or group of
counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall appoint
one or more persons of good character to serve as county probation officers during the
pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services to district courts in one of the following ways:
(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;
(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;
(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;
(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. Years of service in the county probation department are
to be given full credit for future sick leave and vacation accrual purposes;
(5) deleted text begin all probation officers serving the juvenile courts on July 1, 1972, shall continue to
servedeleted text end new text begin for a person who is enrolled or eligible to be enrolled in a Tribal Nation or who resides
in an enrolled member's household, a Tribal Nation may elect to provide probation services
within the county in which the person resides; and
new text end
new text begin (6) if a county receiving probation services under clause (3) decides to provide the
services under clause (1) or (2), the probation officers and other employees displaced by
the changeover shall be employed by the county at no loss of salary. Years of service in the
state are to be given full credit for future sick leave and vacation accrual purposesnew text end in the
county or counties they are now serving.
new text begin
(b) A county providing probation services under paragraph (a), clause (1) or (2), is
designated a "CPO county" for purposes of receiving a subsidy under chapter 401. A county
receiving probation services under paragraph (a), clause (3), is not eligible for a subsidy
under chapter 401 and the commissioner of corrections is appropriated the county's share
of funding for the purpose of providing probation services and authority to seek
reimbursement from the county under subdivision 5.
new text end
new text begin
(c) A county that requests the commissioner of corrections to provide probation services
under paragraph (a), clause (3), shall collaborate with the commissioner to develop a
comprehensive plan as described in section 401.06.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end The commissioner of management and budget shall place employees transferred
to state service under paragraph (a), clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no loss in salary or accrued
vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits fall below the
maximum permitted by the state for the employee's position. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. For purposes
of computing seniority among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the employee had within that
county's probation office.
Sec. 4.
Minnesota Statutes 2022, section 244.19, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "Tribal Nation" means a federally
recognized Tribal Nation within the boundaries of the state of Minnesota.
new text end
Sec. 5.
Minnesota Statutes 2022, section 244.19, subdivision 2, is amended to read:
Subd. 2.
Sufficiency of services.
Probation services shall be sufficient in amount to
meet the needs of the district court in each county. County probation officers serving district
courts in all counties of not more than 200,000 population shall also, pursuant to subdivision
3, provide probation and parole services to wards of the commissioner of corrections resident
in their counties. To provide these probation services counties containing a city of 10,000
or more population shall, as far as practicable, have one probation officer for not more than
35,000 population; in counties that do not contain a city of such size, the commissioner of
corrections shall, after consultation with the chief judge of the district court deleted text begin anddeleted text end new text begin ,new text end the county
commissionersnew text begin , or Tribal Nation through an approved plannew text end andnew text begin ,new text end in the light of experience,
establish probation districts to be served by one officer.
All probation officers appointed for any district court or deleted text begin communitydeleted text end new text begin countynew text end corrections
agencynew text begin , including Tribal Nations,new text end shall be selected from a list of eligible candidates deleted text begin who
havedeleted text end new text begin . Those candidates must benew text end minimally qualified according to the same or equivalent
examining procedures as used by the commissioner of management and budget to certify
deleted text begin eligiblesdeleted text end new text begin eligibility new text end to the commissioner of corrections in appointing parole agentsdeleted text begin , and the
Department of Management and Budget shall furnish the names of such candidates on
requestdeleted text end . This subdivision shall not apply to a political subdivision having a civil service or
merit system unless the subdivision elects to be covered by this subdivision.
Sec. 6.
Minnesota Statutes 2022, section 244.19, subdivision 3, is amended to read:
Subd. 3.
Powers and duties.
All county new text begin or Tribal Nation new text end probation officers serving a
district court shall act under the orders of the court in reference to any person committed
to their care by the court, and in the performance of their duties shall have the general powers
of a peace officer; and it shall be their duty to make such investigations with regard to any
person as may be required by the court before, during, or after the trial or hearing, and to
furnish to the court such information and assistance as may be required; to take charge of
any person before, during or after trial or hearing when so directed by the court, and to keep
such records and to make such reports to the court as the court may order.new text begin Tribal Nations
providing probation services have the same general powers provided to county probation
officers defined within statute or rule.
new text end
All countynew text begin or Tribal Nationnew text end probation officers serving a district court shall, in addition,
provide probation and parole services to wards of the commissioner of corrections resident
in the counties they serve, and shall act under the orders of said commissioner of corrections
in reference to any ward committed to their care by the commissioner of corrections.
All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency.
All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections. The reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).
Sec. 7.
Minnesota Statutes 2022, section 244.19, subdivision 5, is amended to read:
Subd. 5.
Compensation.
deleted text begin In counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation officers as
may be approved by the county board, and in addition thereto shall be reimbursed for all
necessary expenses incurred in the performance of their official duties.deleted text end In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, pay probation officers the salary and all benefits fixed
by the state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of correctionsnew text begin , excluding the cost and expense
of services provided under the state's obligation in section 244.20new text end . deleted text begin Total annual costs for
each county shall be that portion of the total costs and expenses for the services of one
probation officer represented by the ratio which the county's population bears to the total
population served by one officer. For the purposes of this section, the population of any
county shall be the most recent estimate made by the Department of Health.deleted text end At least every
six months the commissioner of corrections shall bill for the total cost and expenses incurred
by the commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deleted text begin deposited in the general funddeleted text end new text begin used to provide services for each county according
to their reimbursement amountnew text end . Objections by a county to all allocation of such cost and
expenses shall be presented to and determined by the commissioner of corrections. Each
county providing probation services under this section is hereby authorized to use unexpended
funds and to levy additional taxes for this purpose.
The county commissioners of any county of not more than 200,000 population shall,
when requested to do so by the juvenile judge, provide probation officers with suitable
offices, and may provide equipment, and secretarial help needed to render the required
services.
Sec. 8.
Minnesota Statutes 2022, section 244.195, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this subdivisionnew text begin and sections 244.196 to
244.1995new text end , the following terms have the meanings given them.
(b) "Commissioner" means the commissioner of corrections.
(c) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.
(d) "Court services director" means the director or designee of a county probation agency
that is not organized under new text begin section 244.19 or an agency organized under new text end chapter 401.
(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.
(f) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
(g)new text begin "Probation agency" means the Department of Corrections field office or a probation
agency organized under section 244.19 or chapter 401.
new text end
new text begin
(h) "Probation officer" means a court services director, county probation officer, or any
other community supervision officer employed by the commissioner or by a probation
agency organized under section 244.19 or chapter 401.
new text end
new text begin (i)new text end "Release" means to release from actual custody.
Sec. 9.
Minnesota Statutes 2022, section 244.195, subdivision 2, is amended to read:
Subd. 2.
Detention pending hearing.
When it appears necessary to enforce discipline
or to prevent a person on conditional release from escaping or absconding from supervision,
a court services director has the authority to issue a written order directing any peace officer
or any probation officer in the state serving the district and juvenile courts to detain and
bring the person before the court or the commissioner, whichever is appropriate, for
disposition. new text begin If the person on conditional release commits a violation described in section
609.14, subdivision 1a, paragraph (a), the court services director must have a reasonable
belief that the order is necessary to prevent the person from escaping or absconding from
supervision or that the continued presence of the person in the community presents a risk
to public safety before issuing a written order. new text end This written order is sufficient authority for
the peace officer or probation officer to detain the person for not more than 72 hours,
excluding Saturdays, Sundays, and holidays, pending a hearing before the court or the
commissioner.
Sec. 10.
Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Intermediate sanctions. new text end
new text begin
(a) Unless the district court directs otherwise, a
probation officer may require a person committed to the officer's care by the court to perform
community work service for violating a condition of probation imposed by the court.
Community work service may be imposed for the purpose of protecting the public, aiding
the person's rehabilitation, or both. A probation officer may impose up to eight hours of
community work service for each violation and up to a total of 24 hours per person per
12-month period, beginning on the date on which community work service is first imposed.
The court services director or probation agency may authorize an additional 40 hours of
community work service, for a total of 64 hours per person per 12-month period, beginning
with the date on which community work service is first imposed. At the time community
work service is imposed, probation officers are required to provide written notice to the
person that states:
new text end
new text begin
(1) the condition of probation that has been violated;
new text end
new text begin
(2) the number of hours of community work service imposed for the violation; and
new text end
new text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
new text end
new text begin
(b) A person on supervision may challenge the imposition of community work service
by filing a petition in district court within five days of receiving written notice that
community work service is being imposed. If the person challenges the imposition of
community work service, the state bears the burden of showing, by a preponderance of the
evidence, that the imposition of community work service is reasonable under the
circumstances.
new text end
new text begin
(c) Community work service includes sentencing to service.
new text end
Sec. 11.
Minnesota Statutes 2022, section 244.195, is amended by adding a subdivision
to read:
new text begin Subd. 7. new text end
new text begin Contacts. new text end
new text begin
Supervision contacts may be conducted over videoconference
technology in accordance with the probation agency's established policy.
new text end
Sec. 12.
Minnesota Statutes 2022, section 244.20, is amended to read:
244.20 PROBATION SUPERVISION.
Notwithstanding sections 244.19, subdivision 1, and 609.135, subdivision 1, the
Department of Corrections shall have exclusive responsibility for providing probation
services for adult felons in counties that do not take part in the Community Corrections Act.
deleted text begin In counties that do not take part in the Community Corrections Act, the responsibility for
providing probation services for individuals convicted of gross misdemeanor offenses shall
be discharged according to local judicial policy.
deleted text end
Sec. 13.
Minnesota Statutes 2022, section 244.21, is amended to read:
244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION; REPORTS.
Subdivision 1.
Collection of information by probation service providers; report
required.
By January 1, 1998, probation service providers shall begin collecting and
maintaining information on offenders under supervision. The commissioner of corrections
shall specify the nature and extent of the information to be collected. By April 1 of every
year, each probation service provider shall report a summary of the information collected
to the commissionernew text begin as a condition of state subsidy funding under chapter 401new text end .
Subd. 2.
Commissioner of corrections report.
By January 15, deleted text begin 1998deleted text end new text begin 2024new text end , the
commissioner of corrections shall report to the chairs new text begin and ranking minority members new text end of the
deleted text begin senate crime prevention and house of representatives judiciarydeleted text end new text begin legislativenew text end committees new text begin with
jurisdiction over public safety policy and finance new text end on recommended methods of coordinating
the exchange of information collected on offenders under subdivision 1: (1) between
probation service providers; and (2) between probation service providers and the Department
of Correctionsdeleted text begin , without requiring service providers to acquire uniform computer softwaredeleted text end .
Sec. 14.
Minnesota Statutes 2022, section 401.01, is amended to read:
401.01 PURPOSE AND DEFINITION; ASSISTANCE deleted text begin GRANTSdeleted text end new text begin SUBSIDIESnew text end .
Subdivision 1.
deleted text begin Grantsdeleted text end new text begin Subsidiesnew text end .
For the purpose of more effectively protecting society
and to promote efficiency and economy in the delivery of correctional services, the
commissioner is authorized to deleted text begin make grants to assistdeleted text end new text begin subsidizenew text end counties new text begin and Tribal Nations
new text end in the development, implementation, and operation of community-based corrections programs
including preventive or diversionary correctional programs, conditional release programs,
community corrections centers, and facilities for the detention or confinement, care and
treatment of persons convicted of crime or adjudicated delinquent. deleted text begin The commissioner may
authorize the use of a percentage of a grant for the operation of an emergency shelter or
make a separate grant for the rehabilitation of a facility owned by the grantee and used as
a shelter to bring the facility into compliance with state and local laws pertaining to health,
fire, and safety, and to provide security.
deleted text end
Subd. 2.
Definitions.
(a) For the purposes of sections 401.01 to 401.16, the following
terms have the meanings given them.
(b) deleted text begin "CCA county"deleted text end new text begin "CCA jurisdiction"new text end means a county new text begin or Tribal Nation new text end that participates
in the Community Corrections Act.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.
(e) "County probation officer" means a probation officer appointed under section 244.19.
(f) new text begin "CPO county" means a county that participates in funding under this act by providing
local corrections service for all juveniles and individuals on probation for misdemeanors,
pursuant to section 244.19, subdivision 1, paragraph (a), clause (1) or (2).
new text end
new text begin (g) new text end "Detain" means to take into actual custody, including custody within a local
correctional facility.
deleted text begin (g)deleted text end new text begin (h)new text end "Joint board" means the board provided in section 471.59.
deleted text begin (h)deleted text end new text begin (i)new text end "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
deleted text begin (i)deleted text end new text begin (j)new text end "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.
deleted text begin (j)deleted text end new text begin (k)new text end "Release" means to release from actual custody.
new text begin
(l) "Tribal government" means one of the federally recognized Tribes described in section
3.922.
new text end
Sec. 15.
Minnesota Statutes 2022, section 401.02, is amended to read:
401.02 COUNTIES OR REGIONS; SERVICES INCLUDABLE.
Subdivision 1.
Qualification of countiesnew text begin or Tribal Nationsnew text end .
(a) One or more countiesdeleted text begin ,
having an aggregate population of 30,000 or more persons,deleted text end new text begin or Tribal Nationsnew text end may qualify
for a deleted text begin grant as provided indeleted text end new text begin subsidy undernew text end section 401.01 by deleted text begin the enactment of appropriate
resolutions creating and establishing a corrections advisory board,deleted text end designating the officer
or agency to be responsible for administering deleted text begin grant fundsdeleted text end new text begin subsidiesnew text end , and providing for the
preparation of a comprehensive plan for the development, implementation and operation
of the correctional services described in deleted text begin sectiondeleted text end new text begin sectionsnew text end 401.01new text begin and 401.11new text end , including the
assumption of those correctional services, other than the operation of state facilities, presently
provided in such counties by the Department of Corrections, new text begin or for Tribal Nations, probation
services within a Tribal Nation, new text end and providing for centralized administration and control of
those correctional services described in section 401.01.new text begin Counties participating as a CCA
county must also enact the appropriate resolutions creating and establishing a corrections
advisory board.
new text end
Where counties new text begin or Tribal governments new text end combine as authorized in this section, they shall
comply with the provisions of section 471.59.
(b) A county that has participated in the Community Corrections Act for five or more
years is eligible to continue to participate in the Community Corrections Act.
new text begin
(c) If a county or Tribal government withdraws from the subsidy program as outlined
in subdivision 1 and asks the commissioner of corrections or the legislature mandates the
commissioner of corrections to furnish probation services to the county, the probation
officers and other employees displaced by the changeover shall be employed by the
commissioner of corrections at no loss of salary. Years of service in the county probation
department are to be given full credit for future sick leave and vacation accrual purposes.
new text end
Subd. 2.
Planning counties; advisory board members expenses.
To assist counties
new text begin or Tribal Nations new text end which have complied with the provisions of subdivision 1 and require
financial aid to defray all or a part of the expenses incurred by corrections advisory board
members in discharging their official duties pursuant to section 401.08, the commissioner
may designate counties new text begin or Tribal Nations new text end as "planning counties", and, upon receipt of
resolutions by the governing boards of the counties new text begin or Tribal Nations new text end certifying the need
for and inability to pay the expenses described in this subdivision, advance to the counties
new text begin or Tribal Nations new text end an amount not to exceed five percent of the maximum quarterly subsidy
for which the counties new text begin or Tribal Nations new text end are eligible. The expenses described in this
subdivision shall be paid in the same manner and amount as for state employees.
Subd. 3.
Establishment and reorganization of administrative structure.
Any countynew text begin ,
Tribal Nation,new text end or group of counties which have qualified for participation in the deleted text begin community
correctionsdeleted text end subsidy program provided by this chapter may establish, organize, and reorganize
an administrative structure and provide for the budgeting, staffing, and operation of court
services and probation, construction or improvement to juvenile detention and juvenile
correctional facilities and adult detention and correctional facilities, and other activities
required to conform to the purposes of this chapter. No contrary general or special statute
divests any county or group of counties of the authority granted by this subdivision.
deleted text begin Subd. 5. deleted text end
deleted text begin Intermediate sanctions. deleted text end
deleted text begin
Unless the district court directs otherwise, county
probation officers may require a person committed to the officer's care by the court to
perform community work service for violating a condition of probation imposed by the
court. Community work service may be imposed for the purpose of protecting the public,
to aid the offender's rehabilitation, or both. Probation officers may impose up to eight hours
of community work service for each violation and up to a total of 24 hours per offender per
12-month period, beginning on the date on which community work service is first imposed.
The chief executive officer of a community corrections agency may authorize an additional
40 hours of community work service, for a total of 64 hours per offender per 12-month
period, beginning with the date on which community work service is first imposed. At the
time community work service is imposed, probation officers are required to provide written
notice to the offender that states:
deleted text end
deleted text begin
(1) the condition of probation that has been violated;
deleted text end
deleted text begin
(2) the number of hours of community work service imposed for the violation; and
deleted text end
deleted text begin
(3) the total number of hours of community work service imposed to date in the 12-month
period.
deleted text end
deleted text begin
An offender may challenge the imposition of community work service by filing a petition
in district court. An offender must file the petition within five days of receiving written
notice that community work service is being imposed. If the offender challenges the
imposition of community work service, the state bears the burden of showing, by a
preponderance of the evidence, that the imposition of community work service is reasonable
under the circumstances.
deleted text end
deleted text begin
Community work service includes sentencing to service.
deleted text end
Sec. 16.
Minnesota Statutes 2022, section 401.025, is amended to read:
401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL
RELEASEES, AND PRETRIAL RELEASEES.
Subdivision 1.
Peace officers and probation officers serving CCA deleted text begin countiesdeleted text end new text begin
jurisdictionsnew text end .
(a) When it appears necessary to enforce discipline or to prevent a person on
conditional release from escaping or absconding from supervision, the chief executive
officer or designee of a community corrections agency in a CCA deleted text begin countydeleted text end new text begin jurisdictionnew text end has
the authority to issue a written order directing any peace officer or any probation officer in
the state serving the district and juvenile courts to detain and bring the person before the
court or the commissioner, whichever is appropriate, for disposition. new text begin If the person on
conditional release commits a violation described in section 609.14, subdivision 1a, paragraph
(a), the chief executive officer or designee must have a reasonable belief that the order is
necessary to prevent the person from escaping or absconding from supervision or that the
continued presence of the person in the community presents a risk to public safety before
issuing a written order. new text end This written order is sufficient authority for the peace officer or
probation officer to detain the person for not more than 72 hours, excluding Saturdays,
Sundays, and holidays, pending a hearing before the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing a peace officer or
probation officer serving the district and juvenile courts to release a person detained under
paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an
appearance before the court or the commissioner. This written order is sufficient authority
for the peace officer or probation officer to release the detained person.
(c) The chief executive officer or designee of a community corrections agency in a CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any peace officer or
any probation officer serving the district and juvenile courts to detain any person on
court-ordered pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release. A written order issued under this paragraph is sufficient
authority for the peace officer or probation officer to detain the person.
Subd. 2.
Peace officers and probation officers in other counties and state correctional
investigators.
(a) The chief executive officer or designee of a community corrections agency
in a CCA deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any state
correctional investigator or any peace officer, probation officer, or county probation officer
from another county to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional
facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a community corrections agency in a CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any state correctional
investigator or any peace officer, probation officer, or county probation officer from another
county to detain any person on court-ordered pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state
correctional investigator, peace officer, probation officer, or county probation officer to
detain the person.
Subd. 3.
Offenders under Department of Corrections commitment.
CCA deleted text begin countiesdeleted text end new text begin
jurisdictionsnew text end shall comply with the policies prescribed by the commissioner when providing
supervision and other correctional services to persons conditionally released pursuant to
sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including intercounty
transfer of persons on conditional release and the conduct of presentence investigations.
Sec. 17.
Minnesota Statutes 2022, section 401.04, is amended to read:
401.04 ACQUISITION OF PROPERTY; SELECTION OF ADMINISTRATIVE
STRUCTURE; EMPLOYEES.
Any county deleted text begin ordeleted text end new text begin ,new text end group of countiesnew text begin , or Tribal Nationnew text end electing to come within the provisions
of sections 401.01 to 401.16 may (a) acquire by any lawful means, including purchase, lease
or transfer of custodial control, the lands, buildings and equipment necessary and incident
to the accomplishment of the purposes of sections 401.01 to 401.16, (b) determine and
establish the administrative structure best suited to the efficient administration and delivery
of the correctional services described in section 401.01, and (c) employ a director and other
officers, employees and agents as deemed necessary to carry out the provisions of sections
401.01 to 401.16. To the extent that participating counties shall assume and take over state
and local correctional services presently provided in counties, employment shall be given
to those state and local officers, employees and agents thus displaced; if hired by a county,
employment shall, to the extent possible and notwithstanding the provisions of any other
law or ordinance to the contrary, be deemed a transfer in grade with all of the benefits
enjoyed by such officer, employee or agent while in the service of the state or local
correctional service.
State or local employees displaced by county participation in the subsidy program
provided by this chapter are on layoff status and, if not hired by a participating county as
provided herein, may exercise their rights under layoff procedures established by law or
union agreement whichever is applicable.
State or local officers and employees displaced by a county's participation in the
Community Corrections Act and hired by the participating county shall retain all fringe
benefits and recall from layoff benefits accrued by seniority and enjoyed by them while in
the service of the state.
Sec. 18.
Minnesota Statutes 2022, section 401.05, subdivision 1, is amended to read:
Subdivision 1.
Authorization to use and accept funds.
Any deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end
or group of counties electing to come within the provisions of sections 401.01 to 401.16
may, through their governing bodies, use unexpended funds; accept gifts, grants, and
subsidies from any lawful source; and apply for and accept federal funds.
Sec. 19.
Minnesota Statutes 2022, section 401.06, is amended to read:
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.
new text begin Subdivision 1. new text end
new text begin Commissioner approval required. new text end
new text begin (a) new text end No countynew text begin , Tribal Nation,new text end or
group of countiesnew text begin or Tribal government or group of Tribal governmentsnew text end electing to provide
correctional services deleted text begin pursuant to sections 401.01 to 401.16 shall bedeleted text end new text begin under this chapter isnew text end
eligible for the subsidy deleted text begin herein provideddeleted text end unless and until its comprehensive plan deleted text begin shall havedeleted text end new text begin
hasnew text end been approved by the commissioner. new text begin A comprehensive plan must comply with
commissioner-developed standards and reporting requirements and must sufficiently address
community needs and supervision standards.
new text end
new text begin
(b) If the commissioner provides supervision to a county that elects not to provide the
supervision, the commissioner must prepare a comprehensive plan for the county and present
it to the local county board of commissioners. The Department of Corrections is subject to
all the standards and requirements under this chapter and supervision standards and policies.
new text end
new text begin
(c) A comprehensive plan is valid for four years, and a corrections advisory board must
review and update the plan two years after the plan has been approved or two years after
submitted to the commissioner, whichever is earlier.
new text end
new text begin
(d) All approved comprehensive plans, including updated plans, must be made publicly
available on the Department of Corrections website.
new text end
new text begin Subd. 2. new text end
new text begin Rulemaking. new text end
The commissioner deleted text begin shalldeleted text end new text begin mustnew text end , deleted text begin pursuant todeleted text end new text begin in accordance withnew text end
the Administrative Procedure Act, deleted text begin promulgatedeleted text end new text begin adoptnew text end rules establishing standards of eligibility
fornew text begin CCA and CPOnew text end countiesnew text begin and Tribal Nationsnew text end to receive funds under deleted text begin sections 401.01 to
401.16deleted text end new text begin this chapternew text end .
new text begin Subd. 3. new text end
new text begin Substantial compliance required. new text end
new text begin (a) new text end To remain eligible for new text begin the new text end subsidy
deleted text begin counties shalldeleted text end new text begin , CCA jurisdictions mustnew text end maintain substantial compliance with the minimum
standards established deleted text begin pursuantdeleted text end new text begin accordingnew text end to deleted text begin sections 401.01 to 401.16deleted text end new text begin this chapternew text end and the
policies and procedures governing the services deleted text begin described indeleted text end new text begin undernew text end section 401.025 as
prescribed by the commissioner.
new text begin (b) new text end Counties deleted text begin shall alsodeleted text end new text begin must:
new text end
new text begin (1)new text end be in substantial compliance with other correctional operating standards permitted
by law and established by the commissionernew text begin ;new text end and deleted text begin shall
deleted text end
new text begin (2)new text end report statistics required by the commissionernew text begin ,new text end including but not limited to information
on individuals convicted as an extended jurisdiction juvenile deleted text begin identified indeleted text end new text begin undernew text end section
241.016, subdivision 1, paragraph (c).
new text begin Subd. 4. new text end
new text begin Commissioner review. new text end
new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin mustnew text end review annually the
comprehensive plans submitted by participating deleted text begin countiesdeleted text end new text begin CCA jurisdictionsnew text end , including the
facilities and programs operated under the plans. The commissioner deleted text begin is hereby authorized
todeleted text end new text begin maynew text end enter deleted text begin upondeleted text end any facility operated under the plan, and inspect books and records, for
purposes of recommending needed changes or improvements.
deleted text begin Whendeleted text end new text begin (b) Ifnew text end the commissioner deleted text begin shall determinedeleted text end new text begin determinesnew text end that there are reasonable
grounds to believe that a deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end or group of countiesnew text begin or Tribal government
or group of Tribal governmentsnew text end is not in substantial compliance with minimum standards,new text begin
the commissioner must providenew text end at least 30 days' notice deleted text begin shall be givendeleted text end new text begin tonew text end the deleted text begin county or
counties anddeleted text end new text begin CCA jurisdiction ofnew text end anew text begin commissioner-conductednew text end hearing deleted text begin conducted by the
commissionerdeleted text end to ascertain whether there is substantial compliance or satisfactory progress
being made toward compliance.
new text begin Subd. 5. new text end
new text begin Noncompliance with comprehensive plan. new text end
new text begin
(a) After a hearing, the
commissioner may sanction a county or group of counties or Tribal government or group
of Tribal governments under this subdivision if the commissioner determined that the agency
is not maintaining substantial compliance with minimum standards or that satisfactory
progress toward compliance has not been made.
new text end
new text begin (b) new text end The commissioner may suspend all or a portion of any subsidy deleted text begin until the required
standard of operation has been metdeleted text end new text begin without issuing a corrective action plannew text end .
new text begin
(c) The commissioner may issue a corrective action plan, which must:
new text end
new text begin
(1) be in writing;
new text end
new text begin
(2) identify all deficiencies;
new text end
new text begin
(3) detail the corrective action required to remedy the deficiencies; and
new text end
new text begin
(4) provide a deadline to:
new text end
new text begin
(i) correct each deficiency; and
new text end
new text begin
(ii) report to the commissioner progress toward correcting the deficiency.
new text end
new text begin
(d) After the deficiency has been corrected, documentation must be submitted to the
commissioner detailing compliance with the corrective action plan. If the commissioner
determines that the county or group of counties or Tribal government or group of Tribal
governments has not complied with the plan, the commissioner may suspend all or a portion
of the subsidy.
new text end
Sec. 20.
Minnesota Statutes 2022, section 401.08, subdivision 2, is amended to read:
Subd. 2.
Appointment; terms.
The members of the corrections advisory board shall be
appointed by the board of county commissioners deleted text begin ordeleted text end new text begin ,new text end the joint board in the case of multiple
countiesnew text begin , or a Tribal Nationnew text end and shall serve for terms of two years from and after the date
of their appointment, and shall remain in office until their successors are duly appointed.
The board may elect its own officers.
Sec. 21.
Minnesota Statutes 2022, section 401.08, subdivision 4, is amended to read:
Subd. 4.
Comprehensive plan.
The corrections advisory board provided in sections
401.01 to 401.16, shall actively participate in the formulation of the comprehensive plan
for the development, implementation, and operation of the correctional program and services
described in section 401.01, and shall make a formal recommendation to the county boardnew text begin ,
Tribal government,new text end or joint board at least annually concerning the comprehensive plan and
its implementation during the ensuing year.
Sec. 22.
Minnesota Statutes 2022, section 401.09, is amended to read:
401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
Failure of a deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end or group of counties to elect to come within the
provisions of sections 401.01 to 401.16 shall not affect their eligibility for any other state
new text begin grant or new text end subsidy for correctional purposes otherwise provided by law. Any comprehensive
plan submitted pursuant to sections 401.01 to 401.16 may include the purchase of selected
correctional services from the state by contract, including the temporary detention and
confinement of persons convicted of crime or adjudicated delinquent; confinement to be in
an appropriate state facility as otherwise provided by law. The commissioner shall annually
determine the costs of the purchase of services under this section and deduct them from the
subsidy due and payable to the county or counties concerned; provided that no contract
shall exceed in cost the amount of subsidy to which the participating county or counties are
eligible.
Sec. 23.
Minnesota Statutes 2022, section 401.10, is amended to read:
401.10 COMMUNITY CORRECTIONS AID.
Subdivision 1.
deleted text begin Aid calculationsdeleted text end new text begin Funding formulanew text end .
deleted text begin
To determine the community
corrections aid amount to be paid to each participating county, the commissioner of
corrections must apply the following formula:
deleted text end
deleted text begin
(1) For each of the 87 counties in the state, a percent score must be calculated for each
of the following five factors:
deleted text end
deleted text begin
(i) percent of the total state population aged ten to 24 residing within the county according
to the most recent federal census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the state demographer;
deleted text end
deleted text begin
(ii) percent of the statewide total number of felony case filings occurring within the
county, as determined by the state court administrator;
deleted text end
deleted text begin
(iii) percent of the statewide total number of juvenile case filings occurring within the
county, as determined by the state court administrator;
deleted text end
deleted text begin
(iv) percent of the statewide total number of gross misdemeanor case filings occurring
within the county, as determined by the state court administrator; and
deleted text end
deleted text begin
(v) percent of the total statewide number of convicted felony offenders who did not
receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
deleted text end
deleted text begin
The percents in items (ii) to (v) must be calculated by combining the most recent
three-year period of available data. The percents in items (i) to (v) each must sum to 100
percent across the 87 counties.
deleted text end
deleted text begin
(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must
be weighted, summed, and divided by the sum of the weights to yield an average percent
for each county, referred to as the county's "composite need percent." When performing
this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The
composite need percent must sum to 100 percent across the 87 counties.
deleted text end
deleted text begin
(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for
cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax
capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the
87 counties.
deleted text end
deleted text begin
(4) For each of the 87 counties, the county's composite need percent must be divided by
the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base adjusted need percent."
deleted text end
deleted text begin
(5) For each of the 87 counties, the county's tax base adjusted need percent must be
added to twice the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
deleted text end
deleted text begin
(6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent
for participating counties."
deleted text end
deleted text begin
(7) Each participating county's weighted need percent must be divided by the total
weighted need percent for participating counties to yield the county's "share percent." The
share percents for participating counties must sum to 100 percent.
deleted text end
deleted text begin
(8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal
year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter,
no county's aid amount under this section may be less than its base funding amount, provided
that the total amount appropriated for this purpose is at least as much as the aggregate base
funding amount defined in clause (9).
deleted text end
deleted text begin
(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section chooses not to
participate in any given year, then the aggregate base funding amount must be reduced by
that county's base funding amount. If a county that did not participate under this section in
fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received
had it participated in fiscal year 1995 plus the estimated amount it would have received in
caseload or workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
deleted text end
deleted text begin
(10) In any given year, the total amount appropriated for this purpose first must be
allocated to participating counties in accordance with each county's base funding amount.
Then, any remaining amount in excess of the aggregate base funding amount must be
allocated to participating counties in proportion to each county's share percent, and is referred
to as the county's "formula amount."
deleted text end
deleted text begin
Each participating county's "community corrections aid amount" equals the sum of (i)
the county's base funding amount, and (ii) the county's formula amount.
deleted text end
deleted text begin
(11) However, if in any year the total amount appropriated for the purpose of this section
is less than the aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount multiplied by
(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
deleted text end
deleted text begin
For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
deleted text end
new text begin
(a) Beginning in fiscal year 2024, the subsidy paid to each county and Tribal government
and the commissioner of corrections for supervision in counties or Tribal jurisdictions served
by the department shall equal the sum of:
new text end
new text begin
(1) a base funding amount equal to $200,000, plus:
new text end
new text begin
(i) ten percent of the total for all appropriations to the commissioner for community
supervision and postrelease services during the fiscal year prior to the fiscal year for which
the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's
total population as determined by the most recent census; and
new text end
new text begin
(ii) ten percent of the total for all appropriations to the commissioner for community
supervision and postrelease services during the fiscal year prior to the fiscal year for which
the subsidy will be paid multiplied by the county's or Tribe's percent share of the state's
total geographic area; and
new text end
new text begin
(2) a community supervision formula equal to the sum of:
new text end
new text begin
(i) for felony cases, a felony per diem rate of $5.33 multiplied by the sum of the county's
adult felony population, adult supervised release and parole populations, and juvenile
supervised release and parole populations as reported in the most recent probation survey
published by the commissioner, multiplied by 365, and
new text end
new text begin
(ii) for gross misdemeanor, misdemeanor, and juvenile probation cases, the felony per
diem rate used in item (i) multiplied by 0.5 and then multiplied by the sum of the county's
gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent
probation survey published by the commissioner, multiplied by 365.
new text end
new text begin
(b) Each participating county's community corrections aid amount equals the sum of (1)
the county's base funding amount, and (2) the county's formula amount.
new text end
new text begin
(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties, the sum of each county's base funding plus community supervision formula
funding shall be adjusted by the ratio of amounts appropriated for this purpose divided by
the total of base funding plus community supervision formula funding for all counties.
new text end
new text begin
(d) For each Tribal Nation, a base funding amount of $250,000 is allotted annually
through legislative appropriation to each Tribal Nation to purchase probation services
regardless of participation in a CCA jurisdiction. An additional formula amount through
legislative appropriation must be developed and approved by the commissioner for equitable
distribution for Tribal Nations under a CCA jurisdiction.
new text end
Subd. 2.
Transfer of funds.
Notwithstanding any law to the contrary, the commissioner
of corrections, after notifying the committees on finance of the senate and ways and means
of the house of representatives, may, at the end of any fiscal year, transfer any unobligated
fundsnew text begin , including funds available due the withdrawal of a county under section 401.16,new text end in
any appropriation to the Department of Corrections to the appropriation under sections
401.01 to 401.16, which appropriation shall not cancel but is reappropriated for the purposes
of sections 401.01 to 401.16.
Subd. 3.
Formula review.
deleted text begin
Prior to January 16, 2002, the committees with jurisdiction
over community corrections funding decisions in the house of representatives and the senate,
in consultation with the Department of Corrections and any interested county organizations,
deleted text end
deleted text begin
must review the formula in subdivision 1 and make recommendations to the legislature for
its continuation, modification, replacement, or discontinuation.
deleted text end
new text begin
For fiscal year 2025 and
subsequent fiscal years, the commissioner shall make a funding recommendation based
upon the commissioner's workload study and the caseload data collected by the commissioner.
new text end
new text begin Subd. 4. new text end
new text begin Report; supervision fees. new text end
new text begin
(a) The commissioner must collect annual summary
expenditure data and funding from each community supervision provider in the state.
new text end
new text begin
(b) On January 15, 2025, and every year thereafter, the commissioner must submit a
report to the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety finance and policy on the data collected under paragraph (a).
The report may be made in conjunction with reporting under section 244.21.
new text end
Sec. 24.
Minnesota Statutes 2022, section 401.11, is amended to read:
401.11 COMPREHENSIVE PLAN ITEMS; GRANT REVIEW.
new text begin Subdivision 1. new text end
new text begin Items. new text end
The comprehensive plan submitted to the commissioner for
approval deleted text begin shalldeleted text end new text begin mustnew text end include deleted text begin thosedeleted text end items prescribed by deleted text begin ruledeleted text end new text begin policynew text end of the commissioner,
deleted text begin which may require the inclusion of the followingdeleted text end new text begin including but not limited tonew text end :
deleted text begin (a)deleted text end new text begin (1)new text end the manner in which presentence and postsentence investigations and reports for
the district courts and social history reports for the juvenile courts will be made;
deleted text begin (b)deleted text end new text begin (2)new text end the manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner deleted text begin of correctionsdeleted text end will be provided;
deleted text begin (c)deleted text end new text begin (3)new text end a program for deleted text begin the detention, supervision, and treatment ofdeleted text end new text begin detaining, supervising,
and treatingnew text end persons under pretrial detention or under commitment;
deleted text begin (d)deleted text end new text begin (4)new text end delivery of othernew text begin localnew text end correctional services deleted text begin defined in section 401.01deleted text end ;
deleted text begin (e)deleted text end new text begin (5)new text end proposals for new programs, which proposals must demonstrate a need for the
program, deleted text begin itsdeleted text end new text begin and the program'snew text end purpose, objective, administrative structure, staffing pattern,
staff training, financing, evaluation process, degree of community involvement, client
participation, and duration deleted text begin of programdeleted text end new text begin ; and
new text end
new text begin (6) outcome and output data, expenditures, and costsnew text end .
new text begin Subd. 2. new text end
new text begin Review. new text end
deleted text begin In addition to the foregoing requirements made by this section,deleted text end Each
participatingnew text begin CCAnew text end county or group of counties deleted text begin shalldeleted text end new text begin mustnew text end develop and implement a procedure
for deleted text begin the review of grantdeleted text end new text begin reviewing subsidynew text end applications made to the corrections advisory
board and for the manner in which corrections advisory board action will be taken on deleted text begin themdeleted text end new text begin
the applicationsnew text end . A description of deleted text begin thisdeleted text end new text begin thenew text end procedure must be made available to members of
the public upon request.
Sec. 25.
Minnesota Statutes 2022, section 401.12, is amended to read:
401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.
Participating countiesnew text begin or Tribal Nationsnew text end shall not diminish their current level of spending
for correctional expenses as defined in section 401.01, to the extent of any subsidy received
pursuant to sections 401.01 to 401.16; rather the subsidy herein provided is for the
expenditure for correctional purposes in excess of those funds currently being expended.
Should a participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end be unable to expend the full amount of the
subsidy to which it would be entitled in any one year under the provisions of sections 401.01
to 401.16, the commissioner shall retain the surplus, subject to disbursement in the following
year wherein such deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end can demonstrate a need for and ability to expend
same for the purposes provided in section 401.01. If in any biennium the subsidy is increased
by an inflationary adjustment which results in the deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end receiving more
actual subsidy than it did in the previous calendar year, the deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end shall
be eligible for that increase only if the current level of spending is increased by a percentage
equal to that increase within the same biennium.
Sec. 26.
Minnesota Statutes 2022, section 401.14, subdivision 1, is amended to read:
Subdivision 1.
Payment.
Upon compliance by a deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end or group of
counties with the prerequisites for participation in the subsidy prescribed by sections 401.01
to 401.16, and approval of the comprehensive plan by the commissioner, the commissioner
shall determine whether funds exist for the payment of the subsidy and proceed to pay same
in accordance with applicable rules.
Sec. 27.
Minnesota Statutes 2022, section 401.14, subdivision 3, is amended to read:
Subd. 3.
Installment payments.
The commissioner of corrections shall make payments
for community corrections services to each deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end in 12 installments per
year. The commissioner shall ensure that the pertinent payment of the allotment for each
month is made to each deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end on the first working day after the end of
each month of the calendar year, except for the last month of the calendar year. The
commissioner shall ensure that each county receives its payment of the allotment for that
month no later than the last working day of that month. deleted text begin The payment described in this
subdivision for services rendered during June 1985 shall be made on the first working day
of July 1985.
deleted text end
Sec. 28.
Minnesota Statutes 2022, section 401.15, subdivision 1, is amended to read:
Subdivision 1.
Certified statements; determinations; adjustments.
Within 60 days
of the end of each calendar quarter, participating deleted text begin countiesdeleted text end new text begin CCA jurisdictionsnew text end which have
received the payments authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs incurred in furnishing the
correctional services provided in sections 401.01 to 401.16. Upon receipt of certified
statements, the commissioner shall, in the manner provided in sections 401.10 and 401.12,
determine the amount each participating county is entitled to receive, making any adjustments
necessary to rectify any disparity between the amounts received pursuant to the estimate
provided in section 401.14 and the amounts actually expended. If the amount received
pursuant to the estimate is greater than the amount actually expended during the quarter,
the commissioner may withhold the difference from any subsequent monthly payments
made pursuant to section 401.14. Upon certification by the commissioner of the amount a
participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end is entitled to receive under the provisions of section
401.14 or of this subdivision the commissioner of management and budget shall thereupon
issue a payment to the chief fiscal officer of each participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end for
the amount due together with a copy of the certificate prepared by the commissioner.
Sec. 29.
Minnesota Statutes 2022, section 401.16, is amended to read:
401.16 WITHDRAWAL FROM PROGRAM.
Any participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end may, at the beginning of any calendar quarter,
by resolution of its board of commissionersnew text begin or Tribal Council leadersnew text end , notify the
commissioner of its intention to withdraw from the subsidy program established by sections
401.01 to 401.16, and the withdrawal shall be effective the last day of the deleted text begin last month of the
quarter indeleted text end new text begin third quarter afternew text end which the notice was given. deleted text begin Upon withdrawal, the unexpended
balance of moneys allocated to the county, or that amount necessary to reinstate state
correctional services displaced by that county's participation, including complement positions,
may, upon approval of the legislative advisory commission, be transferred to the
commissioner for the reinstatement of the displaced services and the payment of any other
correctional subsidies for which the withdrawing county had previously been eligible.
deleted text end
Sec. 30.
new text begin
[401.17] COMMUNITY SUPERVISION ADVISORY COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; members. new text end
new text begin
(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 17 members as follows:
new text end
new text begin
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
new text end
new text begin
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
new text end
new text begin
(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
new text end
new text begin
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
new text end
new text begin
(5) two representatives appointed by the Minnesota Indian Affairs Council;
new text end
new text begin
(6) one commissioner-appointed representative from the Department of Corrections;
new text end
new text begin
(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
new text end
new text begin
(8) three individuals who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systems appointed by the
commissioner in consultation with the Minnesota Association of County Probation Officers
and the Minnesota Association of Community Corrections Act Counties; and
new text end
new text begin
(9) an advocate for victims of crime appointed by the commissioner.
new text end
new text begin
(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
new text end
new text begin
(c) The commissioner must convene the first meeting of the committee on or before July
15, 2024.
new text end
new text begin Subd. 2. new text end
new text begin Terms; removal; reimbursement. new text end
new text begin
(a) If there is a vacancy, the appointing
authority must appoint an individual to fill the vacancy. Committee members must elect
any officers and create any subcommittees necessary for the efficient discharge of committee
duties.
new text end
new text begin
(b) A member may be removed by the appointing authority at any time at the pleasure
of the appointing authority.
new text end
new text begin
(c) Each committee member must be reimbursed for all reasonable expenses actually
paid or incurred by that member in the performance of official duties in the same manner
as other employees of the state. The public members of the committee must be compensated
at the rate of $55 for each day or part of the day spent on committee activities.
new text end
new text begin Subd. 3. new text end
new text begin Duties; committee. new text end
new text begin
(a) The committee must comply with section 401.10.
new text end
new text begin
(b) By June 30, 2024, the committee must provide written advice and recommendations
to the commissioner on developing policy on:
new text end
new text begin
(1) developing statewide supervision standards and definitions to be applied to community
supervision provided by CPO counties, CCA counties, the Department of Corrections, and
Tribal governments;
new text end
new text begin
(2) requiring community supervision agencies to use the same agreed-upon risk screener
and risk and needs assessment tools as the main supervision assessment methods or a
universal five-level matrix allowing for consistent supervision levels and that all tools in
use be validated on Minnesota's community supervision population and revalidated every
five years;
new text end
new text begin
(3) requiring the use of assessment-driven, formalized collaborative case planning to
focus case planning goals on identified criminogenic and behavioral health need areas for
moderate- and high-risk individuals;
new text end
new text begin
(4) limiting standard conditions required for all people on supervision across all
supervision systems and judicial districts, ensuring that conditions of supervision are directly
related to the offense of the person on supervision, and tailoring special conditions to people
on supervision identified as high-risk and high-need;
new text end
new text begin
(5) providing gender-responsive, culturally appropriate services and trauma-informed
approaches;
new text end
new text begin
(6) developing a statewide incentives and sanctions grid to guide responses to client
behavior while under supervision to be reviewed and updated every five years to maintain
alignment with national best practices;
new text end
new text begin
(7) developing performance indicators for supervision success as well as recidivism;
new text end
new text begin
(8) developing a statewide training, coaching, and quality assurance system overseen
by an evidence-based practices coordinator; and
new text end
new text begin
(9) devising a plan, by December 1, 2024, to eliminate the financial penalty incurred by
a jurisdiction that successfully discharges an offender from supervision before the offender's
term of supervision concludes.
new text end
new text begin
(c) By December 1, 2024, and every six years thereafter, the committee must review
and reassess the existing workload study published by the commissioner under subdivision
4 and make recommendations to the commissioner based on the committee's review.
new text end
new text begin
(d) By June 30, 2024, the committee must submit a report on supervision fees to the
commissioner and the chairs and ranking minority members of the legislative committees
with jurisdiction over corrections finance and policy. The committee must collect data on
supervision fees and include the data in the report.
new text end
new text begin Subd. 4. new text end
new text begin Duties; commissioner. new text end
new text begin
The commissioner, in consultation with the committee,
must complete a workload study by December 1, 2024, to develop a capitated rate for
equitably funding community supervision throughout the state. The study must be updated
every six years after the initial study is completed.
new text end
new text begin Subd. 5. new text end
new text begin Data collection; report. new text end
new text begin
(a) By June 1, 2024, the advisory committee, in
consultation with the Minnesota Counties Computer Cooperative, must create a method to
(1) standardize data classifications across the three delivery systems, and (2) collect data
for the commissioner to publish in an annual report to the chairs and ranking minority
members of the legislative committees and divisions with jurisdiction over public safety
finance and policy.
new text end
new text begin
(b) The advisory committee's method, at a minimum, must provide for collecting the
following data:
new text end
new text begin
(1) the number of offenders placed on probation each year;
new text end
new text begin
(2) the offense levels and offense types for which offenders are placed on probation;
new text end
new text begin
(3) violation and revocation rates and the identified grounds for the violations and
revocations, including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
new text end
new text begin
(4) the number of offenders granted early discharge from probation;
new text end
new text begin
(5) the number of offenders restructured on supervision, including imposition of new
conditions of release; and
new text end
new text begin
(6) the number of offenders revoked from supervision and the identified grounds for
revocation.
new text end
new text begin
(c) On February 1, 2025, and every year thereafter, the commissioner must prepare a
report that contains the data collected under the method established by the committee under
this subdivision. The report must provide an analysis of the collected data disaggregated
by race, gender, and county.
new text end
new text begin
(d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under sections 241.065, 401.06, 401.10, and 401.11.
new text end
new text begin Subd. 6. new text end
new text begin Response. new text end
new text begin
(a) Within 45 days of receiving the committee's recommendations,
the commissioner must respond in writing to the committee's advice and recommendations
under subdivision 3. The commissioner's response must explain:
new text end
new text begin
(1) whether the agency will adopt policy changes based on the recommendations;
new text end
new text begin
(2) the timeline for adopting policy changes; and
new text end
new text begin
(3) why the commissioner will not or cannot include any individual recommendations
of the committee in the agency's policy.
new text end
new text begin
(b) The commissioner must submit the advice and recommendations of the committee
to the chairs and ranking minority members of the legislative committees with jurisdiction
over public safety finance and policy.
new text end
new text begin Subd. 7. new text end
new text begin Staff; meeting room; office equipment. new text end
new text begin
The commissioner must provide the
committee with a committee administrator, staff support, a meeting room, and access to
office equipment and services.
new text end
Sec. 31.
Minnesota Statutes 2022, section 609.14, subdivision 1, is amended to read:
Subdivision 1.
Grounds.
(a) When it appears that the defendant has violated any of the
conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct
which warrants the imposing or execution of sentence, the court may without notice revoke
the stay and direct that the defendant be taken into immediate custody.new text begin Revocation shall
only be used as a last resort when rehabilitation has failed.
new text end
(b) When it appears that the defendant violated any of the conditions of probation during
the term of the stay, but the term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate probation revocation proceedings
under the Rules of Criminal Procedure at any time within six months after the expiration
of the stay. The court also may initiate proceedings under these circumstances on its own
motion. If proceedings are initiated within this six-month period, the court may conduct a
revocation hearing and take any action authorized under rule 27.04 at any time during or
after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after
proceedings to revoke the stay have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or that a summons be issued in
accordance with paragraph (a), the proceedings to revoke the stay may be concluded and
the summary hearing provided by subdivision 2 may be conducted after the expiration of
the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke
the stay shall not be dismissed on the basis that the summary hearing is conducted after the
term of the stay or after the six-month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or after the six-month period shall
not preclude the court from conducting the summary hearing unless the defendant
demonstrates that the delay was purposefully caused by the state in order to gain an unfair
advantage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end
Sec. 32.
Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Violations where policies favor continued rehabilitation. new text end
new text begin
(a) Correctional
treatment is better provided through a community resource than through confinement and
would not unduly depreciate the seriousness of the violation if probation was not revoked.
Policies favoring probation outweigh the need for confinement if a person has not previously
violated a condition of probation or intermediate sanction and does any of the following in
violation of a condition imposed by the court:
new text end
new text begin
(1) fails to abstain from the use of controlled substances without a valid prescription,
unless the person is under supervision for a violation of section:
new text end
new text begin
(i) 169A.20;
new text end
new text begin
(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end
new text begin
(iii) 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to
(6);
new text end
new text begin
(2) fails to abstain from the use of alcohol, unless the person is under supervision for a
violation of section:
new text end
new text begin
(i) 169A.20;
new text end
new text begin
(ii) 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); or
new text end
new text begin
(iii) 609.2113, subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to
(6);
new text end
new text begin
(3) possesses drug paraphernalia in violation of section 152.092;
new text end
new text begin
(4) fails to obtain or maintain employment;
new text end
new text begin
(5) fails to pursue a course of study or vocational training;
new text end
new text begin
(6) fails to report a change in employment, unless the person is prohibited from having
contact with minors and the employment would involve such contact;
new text end
new text begin
(7) violates a curfew;
new text end
new text begin
(8) fails to report contact with a law enforcement agency, unless the person was charged
with a misdemeanor, gross misdemeanor, or felony; or
new text end
new text begin
(9) commits any offense for which the penalty is a petty misdemeanor.
new text end
new text begin
(b) A violation by a person described in paragraph (a) does not warrant the imposition
or execution of sentence and the court may not direct that the person be taken into immediate
custody unless the court receives a written report, signed under penalty of perjury pursuant
to section 358.116, showing probable cause to believe the person violated probation and
establishing by a preponderance of the evidence that the continued presence of the person
in the community would present a risk to public safety. If the court does not direct that the
person be taken into custody, the court may request a supplemental report from the
supervising agent containing:
new text end
new text begin
(1) the specific nature of the violation;
new text end
new text begin
(2) the response of the person under supervision to the violation, if any; and
new text end
new text begin
(3) the actions the supervising agent has taken or will take to address the violation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to violations
that occur on or after that date.
new text end
Sec. 33. new text begin LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.
new text end
new text begin
By August 1, 2025, each local correctional agency under Minnesota Statutes, section
244.18, must provide a plan for phasing out local correctional fees. A copy of the plan must
be provided to all individuals under supervision by the agency. Local correctional fees must
not increase from the effective date of this section through August 1, 2025.
new text end
Sec. 34. new text begin COMMUNITY SUPERVISION ADVISORY COMMITTEE; REPORT.
new text end
new text begin
(a) By January 15, 2025, the committee must submit a report to the chairs and ranking
minority members of the legislative committees with jurisdiction over public safety policy
and finance on progress toward developing standards and recommendations under Minnesota
Statutes, section 401.17, subdivision 3.
new text end
new text begin
(b) By January 15, 2026, the committee must submit a final report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance on the standards and recommendations developed according to Minnesota
Statutes, section 401.17, subdivision 3. At a minimum, the recommendations must include
a proposed state-level Community Supervision Advisory Board with a governance structure
and duties for the board.
new text end
Sec. 35. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 244.19, subdivisions 6, 7, and 8; 244.22; 244.24;
and 244.30,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2022, section 244.18,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
Paragraph (a) is effective August 1, 2023, and paragraph (b) is
effective August 1, 2025.
new text end
APPENDIX
Repealed Minnesota Statutes: UES2909-1
152.092 POSSESSION OF DRUG PARAPHERNALIA PROHIBITED.
(a) It is unlawful for any person knowingly or intentionally to use or to possess drug paraphernalia. Any violation of this section is a petty misdemeanor.
(b) A person who violates paragraph (a) and has previously violated paragraph (a) on two or more occasions has committed a crime and may be sentenced to imprisonment for up to 90 days or to payment of a fine up to $1,000, or both.
244.18 LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS.
Subdivision 1.
Definition.
As used in this section, "local correctional fees" include fees for the following correctional services:
(1) community service work placement and supervision;
(2) restitution collection;
(3) supervision;
(4) court ordered investigations;
(5) any other court ordered service;
(6) postprison supervision or other form of release; or
(7) supervision or other services provided to probationers or parolees under section 243.1605 to be provided by a local probation and parole agency established under section 244.19 or community corrections agency established under chapter 401.
Subd. 2.
Local correctional fees.
A local correctional agency may establish a schedule of local correctional fees to charge persons under the supervision and control of the local correctional agency to defray costs associated with correctional services. The local correctional fees on the schedule must be reasonably related to defendants' abilities to pay and the actual cost of correctional services.
Subd. 3.
Fee collection.
The chief executive officer of a local correctional agency may impose and collect local correctional fees. The local correctional agency may collect the fee at any time while the offender is under sentence or after the sentence has been discharged. A local probation and parole agency established under section 244.19 or community corrections agency established under section 401.02 may not impose a fee under this section if the offender is supervised by the commissioner of corrections and the commissioner of corrections imposes and collects a fee under section 241.272. The agency may use any available civil means of debt collection in collecting a local correctional fee.
Subd. 4.
Exemption from fee.
The chief executive officer of the local correctional agency may waive payment of the fee if the officer determines that the offender does not have the ability to pay the fee, the prospects for payment are poor, or there are extenuating circumstances justifying waiver of the fee. Instead of waiving the fee, the local correctional agency may require the offender to perform community work service as a means of paying the fee.
Subd. 5.
Restitution payment priority.
If a defendant has been ordered by a court to pay restitution, the defendant shall be obligated to pay the restitution ordered before paying the local correctional fee. However, if the defendant is making reasonable payments to satisfy the restitution obligation, the local correctional agency may also collect a local correctional fee.
Subd. 6.
Use of fees.
The local correctional fees shall be used by the local correctional agency to pay the costs of local correctional services. Local correctional fees may not be used to supplant existing local funding for local correctional services.
244.19 PROBATION OFFICERS.
Subd. 6.
Reimbursement of counties.
In order to reimburse the counties for the cost which they assume under this section of providing probation and parole services to wards of the commissioner of corrections and to aid the counties in achieving the purposes of this section, the commissioner of corrections shall annually, from funds appropriated for that purpose, pay 50 percent of the costs of probation officers' salaries to all counties of not more than 200,000 population. Nothing in this section will invalidate any payments to counties made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but only to the extent that fringe benefits do not exceed those provided for state civil service employees. On or before July 1 of each even-numbered year each county or group of counties which provide their own probation services to the district court under subdivision 1, clause (1) or (2), shall submit to the commissioner of corrections an estimate of its costs under this section. Reimbursement to those counties shall be made on the basis of the estimate or actual expenditures incurred, whichever is less. Reimbursement for those counties which obtain probation services from the commissioner of corrections pursuant to subdivision 1, clause (3), must be made on the basis of actual expenditures. Salary costs shall not be reimbursed unless county probation officers are paid salaries commensurate with the salaries paid to comparable positions in the classified service of the state civil service. The salary range to which each county probation officer is assigned shall be determined by the authority having power to appoint probation officers, and shall be based on the officer's length of service and performance. The appointing authority shall annually assign each county probation officer to a position on the salary scale commensurate with the officer's experience, tenure, and responsibilities. The judge shall file with the county auditor an order setting each county probation officer's salary. Time spent by a county probation officer as a court referee shall not qualify for reimbursement. Reimbursement shall be prorated if the appropriation is insufficient. A new position eligible for reimbursement under this section may not be added by a county without the written approval of the commissioner of corrections. When a new position is approved, the commissioner shall include the cost of the position in calculating each county's share.
Subd. 7.
Certificate of counties entitled to state aid.
On or before January 1 of each year, until 1970 and on or before April 1 thereafter, the commissioner of corrections shall deliver to the commissioner of management and budget a certificate in duplicate for each county of the state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the commissioner of management and budget shall issue a payment to the county treasurer for the amount shown by each certificate to be due to the county specified. The commissioner of management and budget shall transmit such payment to the county treasurer together with a copy of the certificate prepared by the commissioner of corrections.
Subd. 8.
Exception.
This section shall not apply to Ramsey County.
244.22 PROBATION SERVICE PROVIDERS; CASELOAD REDUCTION GRANT MONEY.
(a) The commissioner of corrections shall review the planned expenditures of probation service providers before allocating probation caseload reduction grants appropriated by the legislature. The review must determine whether the planned expenditures comply with applicable law.
(b) In counties where probation services are provided by both county and Department of Corrections employees, a collaborative plan addressing the local needs shall be developed. The commissioner of corrections shall specify the manner in which probation caseload reduction grant money shall be distributed between the providers according to the approved plan.
244.24 CLASSIFICATION SYSTEM FOR ADULT OFFENDERS.
By February 1, 1998, all probation agencies shall adopt written policies for classifying adult offenders. The commissioner of corrections shall assist probation agencies in locating organizations that may provide training and technical assistance to the agencies concerning methods to develop and implement effective, valid classification systems.
244.30 CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
(a) If the commissioner revokes the supervised release of a person whose release on the current offense has not previously been revoked, the commissioner may order the person to be incarcerated for no more than 90 days or until the expiration of the person's sentence, whichever is less.
(b) This section does not apply to offenders on supervised release for a violation of section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
(c) The commissioner may order a person described in this section to be incarcerated for more than 90 days if the commissioner determines that substantial and compelling reasons exist to believe that the longer incarceration period is necessary to protect the public.
299C.80 INDEPENDENT USE OF FORCE INVESTIGATIONS UNIT.
Subd. 7.
Expiration.
The independent Use of Force Investigations Unit expires August 1, 2024.
403.02 DEFINITIONS.
Subd. 13.
Enhanced 911 service.
"Enhanced 911 service" means the use of automatic location identification or local location identification as part of local 911 service provided by an enhanced 911 system consisting of a common 911 network and database and customer data and network components connecting to the common 911 network and database.
403.09 ENFORCEMENT.
Subd. 3.
Dispute resolution.
Disputes between parties must be resolved pursuant to section 403.025, subdivision 7, paragraph (c).
609.281 DEFINITIONS.
Subd. 2.
Blackmail.
"Blackmail" means a threat to expose any fact or alleged fact tending to cause shame or to subject any person to hatred, contempt, or ridicule.
609.293 SODOMY.
Subdivision 1.
Definition.
"Sodomy" means carnally knowing any person by the anus or by or with the mouth.
Subd. 5.
Consensual acts.
Whoever, in cases not coming within the provisions of sections 609.342 or 609.344, voluntarily engages in or submits to an act of sodomy with another may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
609.34 FORNICATION.
When any man and single woman have sexual intercourse with each other, each is guilty of fornication, which is a misdemeanor.
609.36 ADULTERY.
Subdivision 1.
Acts constituting.
When a married woman has sexual intercourse with a man other than her husband, whether married or not, both are guilty of adultery and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 2.
Limitations.
No prosecution shall be commenced under this section except on complaint of the husband or the wife, except when such husband or wife lacks the mental capacity, nor after one year from the commission of the offense.
Subd. 3.
Defense.
It is a defense to violation of this section if the marital status of the woman was not known to the defendant at the time of the act of adultery.
624.7131 TRANSFEREE PERMIT; PENALTY.
Subd. 10.
Transfer report not required.
A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
624.7132 REPORT OF TRANSFER.
Subd. 6.
Transferee permit.
If a chief of police or sheriff determines that a transferee is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon, the transferee may, within 30 days after the determination, apply to that chief of police or sheriff for a transferee permit, and the permit shall be issued.
Subd. 14.
Transfer to unknown party.
(a) No person shall transfer a pistol or semiautomatic military-style assault weapon to another who is not personally known to the transferor unless the proposed transferee presents evidence of identity to the transferor.
(b) No person who is not personally known to the transferor shall become a transferee of a pistol or semiautomatic military-style assault weapon unless the person presents evidence of identity to the transferor.
(c) The evidence of identity shall contain the name, residence address, date of birth, and photograph of the proposed transferee; must be made or issued by or under the authority of the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental or an international quasi-governmental organization; and must be of a type commonly accepted for the purpose of identification of individuals.
(d) A person who becomes a transferee of a pistol or semiautomatic military-style assault weapon in violation of this subdivision is guilty of a misdemeanor.
626.14 TIME AND MANNER OF SERVICE; NO-KNOCK SEARCH WARRANTS.
Subd. 3.
Requirements for a no-knock search warrant.
(a) No peace officer shall seek a no-knock search warrant unless the warrant application includes at a minimum:
(1) all documentation and materials the issuing court requires;
(2) the information specified in paragraph (b); and
(3) a sworn affidavit as provided in section 626.08.
(b) Each warrant application seeking a no-knock entry must include, in detailed terms, the following:
(1) why peace officers are seeking the use of a no-knock entry and are unable to detain the suspect or search the residence through the use of a knock and announce warrant;
(2) what investigative activities have taken place to support issuance of the no-knock search warrant, or why no investigative activity is needed or able to be performed; and
(3) whether the warrant can be effectively executed during daylight hours according to subdivision 1.
(c) The chief law enforcement officer or designee and another superior officer must review and approve each warrant application. The agency must document the approval of both reviewing parties.
(d) A no-knock search warrant shall not be issued when the only crime alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use.
Subd. 4.
Reporting requirements regarding no-knock search warrants.
(a) Law enforcement agencies shall report to the commissioner of public safety regarding the use of no-knock search warrants in a format prescribed by the commissioner. An agency must report the use of a no-knock search warrant to the commissioner no later than three months after the date the warrant was issued. The report shall include the following information:
(1) the number of no-knock search warrants requested;
(2) the number of no-knock search warrants the court issued;
(3) the number of no-knock search warrants executed;
(4) the number of injuries and fatalities suffered, if any, by peace officers and by civilians in the execution of no-knock search warrants; and
(5) any other information the commissioner requests.
(b) The commissioner of public safety shall report the information provided under paragraph (a) annually to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety.
626.93 LAW ENFORCEMENT AUTHORITY; TRIBAL PEACE OFFICERS.
Subd. 7.
Exception; Prairie Island Indian Community.
Notwithstanding any contrary provision in subdivision 3 or 4, the Prairie Island Indian Community of the Mdewakanton Dakota tribe has concurrent jurisdictional authority under this section with the local county sheriff within the geographical boundaries of the community's reservation to enforce state criminal law if the requirements of subdivision 2 are met, regardless of whether a cooperative agreement pursuant to subdivision 4 is entered into.
638.02 PARDONS.
Subdivision 1.
Absolute or conditional pardons; commutation of sentences.
The Board of Pardons may grant an absolute or a conditional pardon, but every conditional pardon shall state the terms and conditions on which it was granted. Every pardon or commutation of sentence shall be in writing and shall have no force or effect unless granted by a unanimous vote of the board duly convened.
Subd. 2.
Petition; pardon extraordinary.
Any person, convicted of a crime in any court of this state, who has served the sentence imposed by the court and has been discharged of the sentence either by order of court or by operation of law, may petition the Board of Pardons for the granting of a pardon extraordinary. Unless the Board of Pardons expressly provides otherwise in writing by unanimous vote, the application for a pardon extraordinary may not be filed until the applicable time period in clause (1) or (2) has elapsed:
(1) if the person was convicted of a crime of violence as defined in section 624.712, subdivision 5, ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime; and
(2) if the person was convicted of any crime not included within the definition of crime of violence under section 624.712, subdivision 5, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime.
If the Board of Pardons determines that the person is of good character and reputation, the board may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when granted, has the effect of setting aside and nullifying the conviction and of purging the person of it, and the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.
The application for a pardon extraordinary, the proceedings to review an application, and the notice requirements are governed by the statutes and the rules of the board in respect to other proceedings before the board. The application shall contain any further information that the board may require.
Subd. 3.
Pardon extraordinary; filing; copies sent.
Upon granting a pardon extraordinary the Board of Pardons shall file a copy of it with the district court of the county in which the conviction occurred, and the court shall order the conviction set aside and include a copy of the pardon in the court file. The court shall send a copy of its order and the pardon to the Bureau of Criminal Apprehension.
Subd. 4.
Grandfather provision.
Any person granted a pardon extraordinary by the Board of Pardons prior to April 12, 1974 may apply to the district court of the county in which the conviction occurred for an order setting aside the conviction as set forth in subdivision 3.
Subd. 5.
Records.
The term "records" shall include but is not limited to all matters, files, documents and papers incident to the arrest, indictment, information, trial, appeal, dismissal and discharge, which relate to the conviction for which the pardon extraordinary has been granted.
638.03 WARRANT; RETURN.
The Board of Pardons may issue its warrant, under its seal, to any proper officers to carry into effect any pardon, commutation, or reprieve. As soon as may be after the execution of the warrant, the officer to whom it is directed shall make return thereof, under hand, with the doings thereon, to the governor. Such officer shall also file with the court administrator in which the offender was convicted an attested copy of the warrant and return, a brief abstract of which such court administrator shall subjoin to the record of the conviction.
638.04 MEETINGS.
The Board of Pardons shall hold meetings at least twice each year and shall hold a meeting whenever it takes formal action on an application for a pardon or commutation of sentence. All board meetings shall be open to the public as provided in chapter 13D.
The victim of an applicant's crime has a right to submit an oral or written statement at the meeting. The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the application for a pardon or commutation should be granted or denied. In addition, any law enforcement agency may submit an oral or written statement at the meeting, giving its recommendation on whether the application should be granted or denied. The board must consider the victim's and the law enforcement agency's statement when making its decision on the application.
638.05 APPLICATION FOR PARDON.
Every application for relief by the Pardon Board shall be in writing, addressed to the Board of Pardons, signed under oath by the convict or someone in the convict's behalf, shall state concisely the grounds upon which the relief is sought, and in addition shall contain the following facts:
(1) the name under which the convict was indicted, and every alias by which the convict is or was known;
(2) the date and terms of sentence, and the names of the offense for which it was imposed;
(3) the name of the trial judge and the county attorney who participated in the trial of the convict, together with that of the county of trial;
(4) a succinct statement of the evidence adduced at the trial, with the endorsement of the judge or county attorney who tried the case that the statement is substantially correct. If this statement and endorsement are not furnished, the reason for failing to furnish them shall be stated;
(5) the age, birthplace, and occupation and residence of the convict during five years immediately preceding conviction;
(6) a statement of other arrests, indictments, and convictions, if any, of the convict.
Every application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any private data concerning the applicant contained in the application or in any other record relating to the grounds on which the relief is sought. In addition, if the applicant resided in another state after the sentence was discharged, the application for relief by the pardon board shall contain a statement by the applicant consenting to the disclosure to the board of any data concerning the applicant that was collected or maintained by the foreign state relating to the grounds on which the relief is sought, including disclosure of criminal arrest and conviction records.
638.06 ACTION ON APPLICATION.
Every application for relief by the Pardon Board shall be filed with the secretary of the Board of Pardons not less than 60 days before the meeting of the board at which consideration of the application is desired. If an application for a pardon or commutation has been once heard and denied on the merits, no subsequent application shall be filed without the consent of two members of the board endorsed on the application. Immediately on receipt of any application, the secretary to the board shall mail notice of the application, and of the time and place of hearing on it, to the judge of the court where the applicant was tried and sentenced, and to the prosecuting attorney who prosecuted the applicant, or a successor in office. Additionally, the secretary shall publish notice of an application for a pardon extraordinary in the local newspaper of the county where the crime occurred. The secretary shall also make all reasonable efforts to locate any victim of the applicant's crime. The secretary shall mail notice of the application and the time and place of the hearing to any victim who is located. This notice shall specifically inform the victim of the victim's right to be present at the hearing and to submit an oral or written statement to the board as provided in section 638.04.
638.07 RECORDS; SECRETARY.
The Board of Pardons shall keep a record of every petition received, and of every pardon, reprieve, or commutation of sentence granted or refused, and the reasons assigned therefor, and shall have a seal, with which every pardon, reprieve, or commutation of sentence shall be attested. It may adopt such additional necessary and proper rules as are not inconsistent herewith. The commissioner of corrections or a designee shall be the secretary of the board. The commissioner shall have charge of and keep its records and perform such other duties as the board may from time to time direct. The commissioner is hereby authorized and empowered to serve subpoenas and other writs or processes necessary to return parole violators to prison, and to bring before the board witnesses to be heard in matters pending before it. The records and all the files shall be kept and preserved by the secretary, and shall be open to public inspection at all reasonable times.
638.075 ANNUAL REPORTS TO LEGISLATURE.
By February 15 of each year, the Board of Pardons shall file a written report with the legislature containing the following information:
(1) the number of applications received by the board during the preceding calendar year for pardons, pardons extraordinary, and commutations of sentence;
(2) the number of applications granted by the board for each category; and
(3) the crimes for which the applications were granted by the board, the year of each conviction, and the age of the offender at the time of the offense.
638.08 ISSUANCE OF PROCESS; WITNESSES; STANDING APPROPRIATION.
The Board of Pardons may issue process requiring the presence of any person or officer before it, with or without books and papers, in any matter pending, and may take such reasonable steps in the matter as it may deem necessary to a proper determination thereof. When any person is summoned before the board by its authority, the person may be allowed such compensation for travel and attendance as it may deem reasonable.