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HF 3156

3rd Engrossment - 91st Legislature (2019 - 2020) Posted on 05/16/2020 09:13pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2020
1st Engrossment Posted on 05/04/2020
2nd Engrossment Posted on 05/14/2020
3rd Engrossment Posted on 05/16/2020

Current Version - 3rd Engrossment

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A bill for an act
relating to public safety; establishing a supplemental budget for corrections, public
safety, and sentencing guidelines; publishing correctional facility daily population
data on website; modifying occupancy limits of correctional facility cells; providing
storage, uniform consent form, and website database for sexual assault examination
kits; providing for motor vehicle charges and conviction data report; authorizing
presentence investigation reports to include information related to brain injury;
providing early conditional release for certain inmates during COVID-19 public
health emergency; providing testing of public safety specialists for SARS-CoV-2;
establishing task force on sentencing for aiding and abetting felony murder;
requiring reports; appropriating money; amending Minnesota Statutes 2018, sections
241.27, subdivision 2; 243.53; 299C.106, subdivision 3, by adding subdivisions;
480.15, by adding a subdivision; 609.115, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 241.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the column under "Appropriations" are added to the appropriations
in Laws 2019, First Special Session chapter 5, 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 year indicated for each purpose.
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 2020
new text end
new text begin 2021
new text end

Sec. 2. new text beginCORRECTIONS
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 1,014,000
new text end
new text begin $
new text end
new text begin 15,721,000
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 Correctional Institutions
new text end

new text begin 481,000
new text end
new text begin 9,888,000
new text end
new text begin Corrections Overtime and Staffing
new text end

new text begin $481,000 in fiscal year 2020 and $9,888,000
in fiscal year 2021 are for additional
compensation costs, including overtime. The
base for this appropriation is $12,338,000 in
fiscal year 2022 and $12,338,000 in fiscal year
2023.
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin 338,000
new text end
new text begin 5,193,000
new text end
new text begin (a) Corrections Overtime and Staffing
new text end

new text begin $338,000 in fiscal year 2020 and $1,268,000
in fiscal year 2021 are for additional
compensation costs, including overtime.
new text end

new text begin (b) Investments in Community Supervision
Partners
new text end

new text begin $3,925,000 in fiscal year 2021 is added to the
Community Corrections Act subsidy, under
Minnesota Statutes, section 401.14. The base
for this appropriation is $4,911,000 in fiscal
year 2022 and $4,911,000 in fiscal year 2023.
new text end

new text begin $310,000 in fiscal year 2021 is for county
probation officer reimbursement, under
Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin $205,000 in fiscal year 2020 and $430,000 in
fiscal year 2021 are to provide offender
supervision services in Meeker and Renville
Counties. These expenditures must be offset
by revenue to the general fund collected under
Minnesota Statutes, section 244.19,
subdivision 5.
new text end

new text begin $422,000 in fiscal year 2021 is to increase
Department of Correction's offender
supervision. The base for this appropriation
is $844,000 in fiscal year 2022 and $844,000
in fiscal year 2023.
new text end

new text begin $2,613,000 in fiscal year 2021 is to establish
county and regional revocation intervention
service centers for offenders who would
otherwise be returned to prison. The base for
this appropriation is $5,100,000 in fiscal year
2022 and $5,100,000 in fiscal year 2023.
new text end

new text begin $365,000 in fiscal year 2021 is for cognitive
behavioral treatment, for community-based
sex offender treatment, and to increase housing
alternatives for offenders under community
supervision. The base for this appropriation
is $730,000 in fiscal year 2022 and $730,000
in fiscal year 2023.
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin 184,000
new text end
new text begin 586,000
new text end
new text begin Corrections Overtime and Staffing
new text end

new text begin $184,000 in fiscal year 2020 and $586,000 in
fiscal year 2021 are for additional
compensation costs, including overtime.
new text end

new text begin Subd. 5. new text end

new text begin Staffing Early Conditional Release
new text end

new text begin 11,000
new text end
new text begin 54,000
new text end

new text begin $11,000 in fiscal year 2020 and $54,000 in
fiscal year 2021 are appropriated from the
coronavirus relief federal fund to the
commissioner of corrections for staffing costs
related to the procedure for early conditional
release. This appropriation expires December
30, 2020.
new text end

Sec. 3. new text beginPUBLIC SAFETY; BUREAU OF
CRIMINAL APPREHENSION
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 4,482,000
new text end
new text begin (a) Storage, Tracking, and Testing for Sexual
Assault Examination Kits
new text end

new text begin $3,096,000 in fiscal year 2021 is to pay for
the testing of unrestricted sexual assault
examination kits, storage of restricted kits, and
the development of an informational website
for sexual assault survivors to learn the status
of the testing of the survivor's individual
sexual assault examination kit. The
commissioner of management and budget shall
reduce this appropriation by the amount of
MINNCOR funds transferred by the
commissioner of corrections to the
commissioner of public safety under
Minnesota Statutes, section 241.27, and cancel
it back to the general fund. The base for this
appropriation is $2,067,000 in fiscal year 2022
and each year thereafter.
new text end

new text begin (b) Laboratory Capacity Support to Combat
Violent Crime
new text end

new text begin $1,386,000 in fiscal year 2021 is for staffing
and operating costs to provide for training,
supplies, and equipment; and renovate space
to enhance the capacity for forensic testing to
combat violent crime. The base for this
appropriation is $844,000 in fiscal year 2022
and each year thereafter.
new text end

new text begin (c) Felony Murder Task Force
new text end

new text begin $25,000 in fiscal year 2021 is for staffing
needs of the Felony Murder Task Force.
new text end

Sec. 4. new text beginSENTENCING GUIDELINES
new text end

new text begin $
new text end
new text begin 8,000
new text end
new text begin $
new text end
new text begin 36,000
new text end

Sec. 5.

Minnesota Statutes 2018, section 241.27, subdivision 2, is amended to read:


Subd. 2.

Revolving fund; use of fund.

new text begin(a) new text endThere is established in the Department of
Corrections under the control of the commissioner of corrections the Minnesota correctional
industries revolving fund to which shall be transferred the revolving funds authorized in
Minnesota Statutes 1978, sections 243.41 and 243.85, clause (f), and any other industrial
revolving funds heretofore established at any state correctional facility under the control of
the commissioner of corrections. The revolving fund established shall be used for the conduct
of the industrial and commercial activities now or hereafter established at any state
correctional facility, including but not limited to the purchase of equipment, raw materials,
the payment of salaries, wages and other expenses necessary and incident thereto. The
purchase of services, materials, and commodities used in and held for resale are not subject
to the competitive bidding procedures of section 16C.06, but are subject to all other provisions
of chapters 16B and 16C. When practical, purchases must be made from small targeted
group businesses designated under section 16C.16. Additionally, the expenses of inmate
educational training, self-sufficiency skills, transition services, and the inmate release fund
may be financed from the correctional industries revolving fund in an amount to be
determined by the commissioner or the MINNCOR chief executive officer as duly appointed
by the commissioner. The proceeds and income from all industrial and commercial activities
conducted at state correctional facilities shall be deposited in the correctional industries
revolving fund subject to disbursement as hereinabove provided. The commissioner of
corrections may request that money in the fund be invested pursuant to section 11A.25; the
proceeds from the investment not currently needed shall be accounted for separately and
credited to the fund.

new text begin (b) Notwithstanding any law to the contrary, the commissioner may transfer surplus
funds in the revolving fund in fiscal year 2021 to the commissioner of public safety to fund
the storage, tracking, and testing of sexual assault examination kits.
new text end

Sec. 6. new text beginEXPENDITURES ELIGIBLE UNDER THE CARES ACT.
new text end

new text begin The commissioner of management and budget must determine whether any of the
expenditures an appropriation is made for under this article is an eligible use of federal
funding received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act,
Public Law 116-136, title V. If the commissioner of management and budget determines
an expenditure is eligible for funding under title V of the CARES Act, the amount for the
eligible expenditure is appropriated from the account where CARES Act money has been
deposited and the corresponding amount appropriated under this section cancels to the
general fund.
new text end

ARTICLE 2

POLICY

Section 1.

new text begin [241.017] PUBLIC ACCESS TO CORRECTIONAL FACILITY
POPULATION DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Corrections. new text end

new text begin The commissioner of corrections must
publish daily facility population data on the department's publicly accessible website. The
commissioner must retain daily population data on the agency's website for at least 12
months from the date it was posted.
new text end

new text begin Subd. 2. new text end

new text begin Local correctional facilities. new text end

new text begin The sheriff or chief executive officer of a local
correctional facility or juvenile detention facility must publish daily inmate population data
for the facility under the officer's control on the facility's publicly accessible website. The
sheriff or chief executive officer must retain daily population data on the facility's publicly
accessible website for at least 12 months from the date it was posted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 30 days after the day following final
enactment.
new text end

Sec. 2.

Minnesota Statutes 2018, section 243.53, is amended to read:


243.53 CORRECTIONAL INSTITUTIONS; OCCUPANCY LIMITS OF CELLS.

Subdivision 1.

Separate cells.

deleted text begin(a)deleted text end When there are sufficient cells available, each inmate
shall be confined in a separate cell. Each inmate shall be confined in a separate cell in
institutions classified by the commissioner as custody level five institutions.

deleted text begin (b) Correctional institutions classified by the commissioner as custody level one, two,
three, or four institutions must permit multiple occupancy, except segregation units, to the
greatest extent possible not to exceed the limits of facility infrastructure and programming
space.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 299C.106, subdivision 3, is amended to read:


Subd. 3.

Submissionnew text begin and storagenew text end of deleted text beginunrestricteddeleted text end sexual assault examination deleted text beginkitdeleted text endnew text begin
kits
new text end.

new text begin(a) new text endWithin 60 days of receiving an unrestricted sexual assault examination kit, a law
enforcement agency shall submit the kit for testing to a forensic laboratorydeleted text begin, unless the law
enforcement agency deems the result of the kit would not add evidentiary value to the case.
If a kit is not submitted during this time, the agency shall make a record, in consultation
with the county attorney, stating the reasons why the kit was not submitted. Restricted sexual
assault examination kits shall not be submitted for testing
deleted text end.new text begin 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.
new text end

new text begin (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 the Bureau of Criminal
Apprehension. The bureau shall store all restricted sexual assault examination kits collected
by law enforcement agencies in the state. The bureau shall retain a restricted sexual assault
examination kit for at least 30 months from the date the bureau receives the kit.
new text end

Sec. 4.

Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Uniform consent form. new text end

new text begin The superintendent of the Bureau of Criminal
Apprehension shall develop a uniform sexual assault examination kit consent form. The
form must clearly explain the differences between designating a kit as unrestricted or
restricted. In developing and designing the consent form, the superintendent must consult
with hospital administrators, sexual assault nurse examiners, the Minnesota Coalition Against
Sexual Assault, and other stakeholders. The uniform consent form shall be widely distributed
to law enforcement agencies, medical providers, and other stakeholders. The superintendent
must make the form available on the bureau's website.
new text end

Sec. 5.

Minnesota Statutes 2018, section 299C.106, is amended by adding a subdivision
to read:


new text begin Subd. 3b. new text end

new text begin Web database requirement. new text end

new text begin The commissioner, in consultation with the
commissioner of administration, must maintain a website with a searchable database
providing sexual assault victims with information on the status of their individual sexual
assault examination kit. The superintendent must strictly control access to the database to
protect the privacy of the victims' data.
new text end

Sec. 6.

Minnesota Statutes 2018, section 480.15, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Motor vehicle charges and conviction data; report. new text end

new text begin The court administrator
shall collect, compile, and report the data on (1) charges and convictions for driving after
suspension or revocation, and (2) payment of fines for violations related to operation of a
motor vehicle, as required under section 171.325.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.115, is amended by adding a subdivision to
read:


new text begin Subd. 11. new text end

new text begin Traumatic brain injury. new text end

new text begin (a) When a defendant appears in court and is
convicted of a felony, the court shall inquire whether the defendant has a history of stroke,
traumatic brain injury, or fetal alcohol spectrum disorder.
new text end

new text begin (b) If the defendant has a history of stroke, traumatic brain injury, or fetal alcohol
spectrum disorder and the court believes that the offender may have a mental impairment
that caused the offender to lack substantial capacity for judgment when the offense was
committed, the court shall order that the offender undergo a neuropsychological examination
unless the offender has had a recent examination as described in paragraph (c). The report
prepared under subdivision 1 shall contain the results of the examination ordered by the
court or the recent examination and the officer preparing the report may consult with any
medical provider, mental health professional, or other agency or person with suitable
knowledge or experience for the purpose of providing the court with information regarding
treatment and case management options available to the defendant.
new text end

new text begin (c) An updated neuropsychological examination is not required under this subdivision
if:
new text end

new text begin (1) the person had a previous examination when the person was at least 25 years of age;
new text end

new text begin (2) the examination took place at least 18 months after the person's most recent stroke
or traumatic brain injury; and
new text end

new text begin (3) the examination took place within the previous three years.
new text end

new text begin (d) At sentencing, the court may consider any relevant information including but not
limited to the information provided pursuant to paragraph (b) and the recommendations of
any diagnosing or treating medical providers or mental health professionals to determine
whether the offender, because of mental impairment resulting from a stroke, traumatic brain
injury, or fetal alcohol spectrum disorder, lacked substantial capacity for judgment when
the offense was committed.
new text end

Sec. 8. new text beginTEMPORARY EMERGENCY POWER; COMMISSIONER OF
CORRECTIONS; EARLY CONDITIONAL RELEASE FOR CERTAIN
NONVIOLENT OFFENDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The powers granted in this section apply beginning on
the date a peacetime public health emergency is declared by the governor pursuant to
Minnesota Statutes, section 12.31, in response to a potential or actual outbreak of COVID-19.
The powers expire when the declaration of the peacetime public health emergency expires.
For purposes of this section, "peacetime public health emergency" means any peacetime
emergency declared by the governor in an executive order that relates to the infectious
disease known as COVID-19.
new text end

new text begin Subd. 2. new text end

new text begin Temporary powers granted; limitations. new text end

new text begin The commissioner of corrections
is granted temporary powers described and limited by this section to protect the health and
safety of state and local correctional employees and inmates as well as the public. The
temporary powers granted to the commissioner in this section may only be used to prepare
for, prevent, or respond to an outbreak of COVID-19.
new text end

new text begin Subd. 3. new text end

new text begin Expanded authority to grant conditional release to certain nonviolent
offenders.
new text end

new text begin (a) Notwithstanding any law to the contrary, the commissioner may place an
eligible inmate who has 180 days or less to serve in the inmate's term of imprisonment on
conditional release. The commissioner may not grant conditional release under this
subdivision to an inmate who is serving a sentence for a crime of violence as that term is
defined in paragraph (g). The commissioner must give priority for conditional release under
this subdivision to inmates who are most likely to suffer serious illness or death from
COVID-19 according to current guidelines published by the United States Center for Disease
Control.
new text end

new text begin (b) Before the commissioner releases an inmate under the authority granted in this
subdivision, the commissioner must:
new text end

new text begin (1) determine the offender is a low risk to re-offend;
new text end

new text begin (2) prepare a release plan that meets current agency standards and that also:
new text end

new text begin (i) requires the inmate to report to the inmate's supervised release agent if the inmate
tests positive for the COVID-19 virus; and
new text end

new text begin (ii) includes the names and approximate ages of persons residing in the inmate's
designated residence and identifies residents with preexisting medical conditions; and
new text end

new text begin (3) complete the notification process, including notice to victims who requested notice
of the inmate's release.
new text end

new text begin (c) The commissioner may direct that an inmate released under this section meet with
the inmate's supervised release agent by telephone or video conference.
new text end

new text begin (d) The supervised release agent of an inmate released under this subdivision must
immediately notify the commissioner if the agent learns that the inmate tested positive for
COVID-19.
new text end

new text begin (e) The conditions of release granted under this section are governed by the statutes and
rules governing supervised release, except that release may be rescinded without hearing
by the commissioner if the commissioner determines that continuation of the conditional
release poses a danger to the public or to an individual. If the commissioner rescinds an
offender's conditional release, the offender shall be returned to prison and shall serve the
remaining portion of the offender's term of imprisonment.
new text end

new text begin (f) The conditional release authority granted in this subdivision is in addition to any
other conditional release authority granted to the commissioner.
new text end

new text begin (g) For purposes of this subdivision, "crime of violence" means: felony convictions of
the following offenses: Minnesota Statutes, sections 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215
(aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in
the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault);
609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the benefit
of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery);
609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); and an attempt to commit any of these offenses.
new text end

new text begin Subd. 4. new text end

new text begin Reports. new text end

new text begin The commissioner shall submit the following reports to the members
of the legislative committees and divisions with jurisdiction over corrections policy and
finance regarding the temporary powers that were exercised under this section:
new text end

new text begin (1) within 30 days of the expiration of the declaration of the peacetime public health
emergency, the commissioner shall submit a report that must include, at a minimum, a
timeline as to when temporary powers were exercised and an explanation as to why the
exercise of temporary powers was necessary; and
new text end

new text begin (2) within 180 days of the expiration of the declaration of the peacetime public health
emergency, the commissioner shall submit a report that must include, at a minimum,
aggregate data on the number of inmates who were granted conditional release, committed
a new offense, were reincarcerated for a technical violation, and tested positive for
COVID-19.
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. 9. new text beginSARS-COV-2 TESTING OF PUBLIC SAFETY SPECIALISTS.
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 definitions provided.
new text end

new text begin (b) "Public safety specialist" includes:
new text end

new text begin (1) a peace officer defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph
(c) or (d);
new text end

new text begin (2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;
new text end

new text begin (3) an individual employed on a full-time basis by the state or by a fire department of a
governmental subdivision of the state, who is engaged in any of the following duties:
new text end

new text begin (i) firefighting;
new text end

new text begin (ii) emergency motor vehicle operation;
new text end

new text begin (iii) investigation into the cause and origin of fires;
new text end

new text begin (iv) the provision of emergency medical services; or
new text end

new text begin (v) hazardous material responder;
new text end

new text begin (4) a legally enrolled member of a volunteer fire department or member of an independent
nonprofit firefighting corporation who is engaged in the hazards of firefighting;
new text end

new text begin (5) a probation officer, supervised release agent, or other qualified person employed in
supervising offenders;
new text end

new text begin (6) a reserve police officer or a reserve deputy sheriff while acting under the supervision
and authority of a political subdivision;
new text end

new text begin (7) a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;
new text end

new text begin (8) a first responder who is certified by the Emergency Medical Services Regulatory
Board to perform basic emergency skills before the arrival of a licensed ambulance service
and who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance;
new text end

new text begin (9) a person, other than a state trooper, employed by the commissioner of public safety
and assigned to the State Patrol, whose primary employment duty is either Capitol security
or the enforcement of commercial motor vehicle laws and regulations; and
new text end

new text begin (10) domestic abuse and victim advocates.
new text end

new text begin (c) "Health care provider" means a physician licensed under Minnesota Statutes, chapter
147, a physician assistant licensed under Minnesota Statutes, chapter 147A, and practicing
within the authorized scope of practice, an advanced practice registered nurse licensed under
Minnesota Statutes, chapter 148, and practicing within the authorized scope of practice, or
a health care facility licensed under Minnesota Statutes, chapter 144 or 144A.
new text end

new text begin (d) "SARS-CoV-2" means the infectious virus known as SARS-CoV-2.
new text end

new text begin Subd. 2. new text end

new text begin Testing. new text end

new text begin When a health care provider tests a public safety specialist for
SARS-CoV-2, the health care provider shall notify the public safety specialist of whether
the person has tested positive or negative for SARS-CoV-2 as soon as possible.
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. new text beginTASK FORCE ON SENTENCING FOR AIDING AND ABETTING
FELONY MURDER.
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
given:
new text end

new text begin (1) "aiding and abetting" means a person who is criminally liable for a crime committed
by another because that person intentionally aided, advised, hired, counseled, or conspired
with or otherwise procured the other to commit the crime; and
new text end

new text begin (2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The task force on sentencing for aiding and abetting felony
murder is established to collect and analyze data on the charging, convicting, and sentencing
of people for aiding and abetting felony murder; assess whether current laws and practices
promote public safety and equity in sentencing; and make recommendations to the legislature.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following members:
new text end

new text begin (1) the commissioner of corrections or a designee;
new text end

new text begin (2) the executive director of the Minnesota Sentencing Guidelines Commission or a
designee;
new text end

new text begin (3) the attorney general or a designee;
new text end

new text begin (4) the state public defender or a designee;
new text end

new text begin (5) the statewide coordinator of the Violent Crime Coordinating Council;
new text end

new text begin (6) one defense attorney appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end

new text begin (7) one county attorney appointed by the Minnesota County Attorneys Association;
new text end

new text begin (8) two members representing victims' rights organizations appointed by the Office of
Justice Programs director in the Department of Public Safety;
new text end

new text begin (9) two members of a criminal justice advocacy organization, one of which is a licensed
attorney appointed by the commissioner of human rights; and
new text end

new text begin (10) an impacted person who is directly related to a person who has been convicted of
felony murder appointed by the governor.
new text end

new text begin (b) Appointments must be made no later than July 30, 2020.
new text end

new text begin (c) Members shall serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2020, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of the chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin (d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding and abetting
felony murder.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The task force shall, at a minimum:
new text end

new text begin (1) collect and analyze data on charges, convictions, and sentences for aiding and abetting
felony murder;
new text end

new text begin (2) collect and analyze data on sentences for aiding and abetting felony murder in which
a person received a mitigated durational departure because the person played a minor or
passive role in the crime or participated under circumstances of coercion or duress;
new text end

new text begin (3) collect and analyze data on charges, convictions, and sentences for codefendants of
people sentenced for aiding and abetting felony murder;
new text end

new text begin (4) review relevant state statutes and state and federal court decisions;
new text end

new text begin (5) receive input from individuals who were convicted of aiding and abetting felony
murder;
new text end

new text begin (6) receive input from family members of individuals who were victims of felony murder;
new text end

new text begin (7) analyze the benefits and unintended consequences of Minnesota Statutes and practices
related to the charging, convicting, and sentencing of people for aiding and abetting felony
murder including but not limited to an analysis of whether current statutes and practice:
new text end

new text begin (i) promote public safety; and
new text end

new text begin (ii) properly punish people for their role in an offense; and
new text end

new text begin (8) make recommendations for legislative action, if any, on laws affecting:
new text end

new text begin (i) the collection and reporting of data; and
new text end

new text begin (ii) the charging, convicting, and sentencing of people for aiding and abetting felony
murder.
new text end

new text begin (b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin On or before January 15, 2021, the task force shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over criminal sentencing on the findings and
recommendations of the task force.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its report under
subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020.
new text end