Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2000, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 311-H.F.No. 2688
An act relating to crime prevention; making numerous
changes to the predatory offender registration law
including lengthening the registration period for
certain offenders, requiring additional offenders to
register, requiring that additional information be
reported, authorizing disclosure of information about
offenders, and increasing the criminal penalty for
predatory offenders who fail to comply with the law
and imposing a mandatory minimum prison sentence on
those offenders; requiring the bureau of criminal
apprehension to maintain a computerized database for
predatory offenders; expanding and clarifying the
scope of the community notification law; requiring
that certain information regarding level III predatory
offenders be posted on the Internet; placing
restrictions on persons with felony convictions who
are seeking name changes; clarifying that harassment
crimes prohibit harassment by electronic means;
modifying the expungement law; expanding the
solicitation of a child to engage in sexual conduct
crime; authorizing the prosecution of certain sex
offenses in the jurisdiction where they originate or
terminate; eliminating the statute of limitations for
certain offenses; making certain data about sex
offenders available to law enforcement; changing the
membership of the criminal and juvenile justice
information policy group; authorizing the purchase and
distribution of criminal justice technology
infrastructure improvements; increasing the
presumptive sentence for first degree criminal sexual
conduct; requiring reports; imposing criminal
penalties; appropriating money; amending Minnesota
Statutes 1998, sections 13.54, subdivision 6; 243.166,
subdivisions 3, 5, 7, and by adding subdivisions;
244.052, as amended; 244.10, subdivision 2a; 259.11;
299C.65, subdivision 1, and by adding a subdivision;
517.08, subdivisions 1a and 1b; 518.27; 609.035, by
adding a subdivision; 609.342, subdivision 2; 609.352,
subdivisions 1 and 2; 609.749, subdivision 2; 609.795,
subdivision 1; 609A.03; and 628.26; Minnesota Statutes
1999 Supplement, sections 13.46, subdivision 2;
243.166, subdivisions 1, 2, 4, and 6; and 299C.65,
subdivisions 2 and 8; proposing coding for new law in
Minnesota Statutes, chapters 176; 243; 259; 299C; and
609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this article to
be available for fiscal year 2001.
APPROPRIATIONS
Available for the Year
Ending June 30, 2001
Sec. 2. CORRECTIONS -0- $5,162,000
$1,000,000 is to increase the number of
probation officers managing intensive
supervised release caseloads. The
commissioner shall distribute these
funds proportionately based on current
unmet needs including areas of the
state that are not currently served by
an intensive supervised release
caseload.
$4,000,000 is for enhanced supervision
of adult felony sex offenders by
employing additional probation officers
to reduce the caseloads of probation
officers supervising sex offenders on
probation or supervised release. The
commissioner shall determine statewide
eligibility for these funds according
to the formula contained in Minnesota
Statutes, section 401.10. Each
Community Corrections Act jurisdiction
and the department's probation and
supervised release unit shall submit to
the commissioner an analysis of need
along with a plan to meet these needs
and reduce adult felony sex offender
caseloads. Upon approval of the plans,
the non-Community Corrections Act
portion of these funds shall be
appropriated to the department and the
distribution shall be based on
statewide need. The Community
Corrections Act funds shall be
disbursed as grants to each Community
Corrections Act jurisdiction. These
appropriations may not be used to
supplant existing state or county
probation officer positions.
$162,000 is for costs associated with
complying with Minnesota Statutes,
section 244.052.
Sec. 3. PUBLIC SAFETY 9,659,000
Subdivision 1. General
$7,388,000 is for criminal justice
technology infrastructure improvements
under Minnesota Statutes, section
299C.65, subdivision 8a, for the
purchase and distribution of:
(1) electronic fingerprint capture
technology;
(2) electronic photographic
identification technology; and
(3) additional bandwidth to transfer
and access electronic photographic
identification data and electronic
fingerprint data to the state's central
database.
Upon approval of the policy group, the
commissioner may use up to 7.5 percent
of this appropriation to implement this
subdivision.
$1,000,000 is for grants to government
agencies to transfer and access data
from the agencies to the statewide hot
file probation and pretrial release
data system. The criminal and juvenile
justice information policy group shall
review grant applications and the
commissioner shall make the grants
approved by the policy group within the
limits of the appropriation. Up to
$200,000 of this appropriation may be
used for grants to pay the costs of
developing or implementing a criminal
justice information integration plan as
described in Minnesota Statutes,
section 299C.65, subdivisions 5, 6, and
7.
The appropriations in this subdivision
are not subject to the requirements of
Minnesota Statutes, section 299C.65,
subdivision 8.
Subd. 2. Criminal Apprehension
$80,000 is for a technology systems
position.
$50,000 is for a criminal justice
information systems training position.
$234,000 is for three additional
criminal assessment unit agents.
$160,000 is for three criminal
intelligence analyst positions.
$200,000 is for five clerical positions.
$547,000 is for costs related to
interfacing the state system with the
national sex offender registry,
software development and
implementation, a system design
consultant, office supplies and
expenses, and sex offender registration
costs. Positions funded by this
appropriation may not supplant existing
services.
The superintendent of the bureau of
criminal apprehension shall transfer
two agents from the gang strike force
to perform general investigative duties
within the bureau, decreasing the gang
strike force's complement by two
positions.
Sec. 4. SENTENCING GUIDELINES
COMMISSION 100,000
This appropriation is to establish a
pilot project in Ramsey county to use
the statewide statute table to ensure
accurate and uniform charging on
criminal complaints.
Sec. 5. SUPREME COURT 3,512,000
This appropriation is to begin
redevelopment of the court information
system to be used by all counties to
integrate court information with other
criminal justice information. This
money may not be used by the supreme
court for any other purpose.
ARTICLE 2
PREDATORY OFFENDER REGISTRATION AND
COMMUNITY NOTIFICATION PROVISIONS
Section 1. Minnesota Statutes 1999 Supplement, section
243.166, subdivision 1, is amended to read:
Subdivision 1. [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 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, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pictorial representations of minors in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
(3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters the state as required in subdivision
3, paragraph (b) to reside, or to work or attend school; 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.
For purposes of this paragraph:
(i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
(ii) "work" includes employment that is full-time or
part-time for a period of time exceeding 14 days or for an
aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the
purpose of government or educational benefit.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or 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
federal jurisdiction 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 federal jurisdiction 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
federal jurisdiction the United States.
Sec. 2. Minnesota Statutes 1999 Supplement, section
243.166, subdivision 2, is amended to read:
Subd. 2. [NOTICE.] When a person who is required to
register under subdivision 1, paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau of criminal apprehension. If a person
required to register under subdivision 1, paragraph (a), was not
notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision 1, paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau of criminal apprehension.
Sec. 3. Minnesota Statutes 1998, section 243.166,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required
to register under this section shall register with the
corrections agent as soon as the agent is assigned to the
person. If the person does not have an assigned corrections
agent or is unable to locate the assigned corrections agent, the
person shall register with the law enforcement agency that has
jurisdiction in the area of the person's residence.
(b) At least five days before the person starts living at a
new address, including living in another state, the person shall
give written notice of the new living address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. The corrections agent or law enforcement authority
shall, within two business days after receipt of this
information, forward it to the bureau of criminal apprehension.
The bureau of criminal apprehension shall, if it has not already
been done, notify the law enforcement authority having primary
jurisdiction in the community where the person will live of the
new address. If the person is leaving the state, the bureau of
criminal apprehension shall notify the registration authority in
the new state of the new address.
(c) A person required to register under subdivision 1,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement agency that
has jurisdiction in the area where the person works or attends
school. In addition to other information required by this
section, the person shall provide the address of the school or
of the location where the person is employed. A person must
comply with this paragraph within five days of beginning
employment or school.
(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's residence shall notify the person of this requirement.
Sec. 4. Minnesota Statutes 1999 Supplement, section
243.166, subdivision 4, is amended to read:
Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau of criminal
apprehension, a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility to release information
to a law enforcement officer about the person's admission to, or
residence in, a treatment facility. Registration information on
adults and juveniles may be maintained together notwithstanding
section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation shall be
limited to a statement of how far the person progressed in
treatment during commitment.
(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the statement,
fingerprint card, and photograph registration information to the
bureau of criminal apprehension. The bureau shall ascertain
whether the person has registered with the law enforcement
authority where the person resides. If the person has not
registered with the law enforcement authority, the bureau shall
send one copy to that authority.
(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau of
criminal apprehension.
(c) (e) During the period a person is required to register
under this section, the following shall apply:
(1) Each year, within 30 days of the anniversary date of
the person's initial registration, The bureau of criminal
apprehension shall mail a verification form to the last reported
address of the person person's residence. This verification
form shall provide notice to the offender that, if the offender
does not return the verification form as required, information
about the offender may be made available to the public through
electronic, computerized, or other accessible means.
(2) The person shall mail the signed verification form back
to the bureau of criminal apprehension within ten days after
receipt of the form, stating on the form the current and last
address of the person person's residence and the other
information required under subdivision 4a.
(3) If the person fails to mail the completed and signed
verification form to the bureau of criminal apprehension within
ten days after receipt of the form, the person shall be in
violation of this section.
For persons required to register under subdivision 1, paragraph
(c), following commitment pursuant to a court commitment under
section 253B.185 or a similar law of another state or the United
States, the bureau shall comply with clause (1) at least four
times each year. For all other persons required to register
under this section, the bureau shall comply with clause (1) each
year within 30 days of the anniversary date of the person's
initial registration.
(f) When sending out a verification form, the bureau of
criminal apprehension must determine whether the person to whom
the verification form is being sent has signed a written consent
form as provided for in paragraph (a). If the person has not
signed such a consent form, the bureau of criminal apprehension
must send a written consent form to the person along with the
verification form. A person who receives this written consent
form must sign and return it to the bureau of criminal
apprehension at the same time as the verification form.
(g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
Sec. 5. Minnesota Statutes 1998, section 243.166, is
amended by adding a subdivision to read:
Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A
person required to register under this section shall provide to
the corrections agent or law enforcement authority the following
information:
(1) the address of the person's primary residence;
(2) the addresses of all the person's secondary residences,
including all addresses used for residential or recreational
purposes;
(3) the addresses of all property owned, leased, or rented
by the person;
(4) the addresses of all locations where the person is
employed;
(5) the addresses of all residences where the person
resides while attending school; and
(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.
(b) The person shall report to the agent or authority the
information required to be provided under paragraph (a), clauses
(2) to (6), within five days of the date the clause becomes
applicable. If because of a change in circumstances a clause no
longer applies to previously reported information, the person
shall immediately inform the agent or authority that the
information is no longer valid.
Sec. 6. Minnesota Statutes 1998, section 243.166,
subdivision 5, is amended to read:
Subd. 5. [CRIMINAL PENALTY.] (a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau of
criminal apprehension is guilty of a gross misdemeanor. A
person convicted of or adjudicated delinquent for violating this
section who previously has been convicted under this section 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.
(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section, shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.
(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion shall be accompanied by a statement on the record of the
reasons for it. When presented with the motion, or on its own
motion, the court may sentence the person without regard to the
mandatory minimum sentence if the court finds substantial and
compelling reasons to do so. Sentencing a person in the manner
described in this paragraph is a departure from the sentencing
guidelines.
(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, or supervised release, until that person has
served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19,
243.05, 244.04, 609.12, and 609.135.
Sec. 7. Minnesota Statutes 1999 Supplement, section
243.166, subdivision 6, is amended to read:
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.
(b) If a person required to register under this section
fails to register following a change in residence, the
commissioner of public safety may require the person to continue
to register for an additional period of five years.
(c) If a person required to register under this section is
subsequently incarcerated following a revocation of probation,
supervised release, or conditional release for that offense, or
a conviction for any new offense, the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.
(d) A person shall continue to comply with this section for
the life of that person:
(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision 1, or any offense from another state or any federal
offense similar to the offenses described in subdivision 1, and
the person has a prior conviction or adjudication for an offense
for which registration was required under subdivision 1, or an
offense from another state or a federal offense similar to an
offense described in subdivision 1;
(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2); 609.342, subdivision 1, paragraph
(a), (c), (d), (e), (f), or (h); 609.343, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision
1, paragraph (a), (c), or (g); or 609.345, subdivision 1,
paragraph (a), (c), or (g); or a statute from another state or
the United States similar to the offenses described in this
clause; or
(3) if the person is required to register under subdivision
1, paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.
Sec. 8. Minnesota Statutes 1998, section 243.166,
subdivision 7, is amended to read:
Subd. 7. [USE OF INFORMATION.] Except as otherwise
provided in section subdivision 7a or sections 244.052 and
299C.093, the information provided under this section is private
data on individuals under section 13.01 13.02, subdivision 12.
The information may be used only for law enforcement purposes.
Sec. 9. Minnesota Statutes 1998, section 243.166, is
amended by adding a subdivision to read:
Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO
ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of
criminal apprehension may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the address of the offenders' primary or
secondary residences. This information may be made available to
the public through electronic, computerized, or other accessible
means. The amount and type of information made available shall
be limited to the information necessary for the public to assist
law enforcement in locating the offender.
(b) An offender who comes into compliance with this section
after the bureau of criminal apprehension discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide the
addresses of the offender's primary and secondary residences, or
promptly notify the offender that the information will continue
to be treated as public information and the reasons for the
bureau's decision.
(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.
(d) The bureau of criminal apprehension is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.
Sec. 10. Minnesota Statutes 1998, section 243.166, is
amended by adding a subdivision to read:
Subd. 10. [APPLICATION.] (a) All provisions of this
section shall apply to a predatory offender convicted of or
adjudicated delinquent for an offense described in subdivision 1
that requires registration if the offender is incarcerated or on
any form of supervision for that offense as of the effective
date of this subdivision, regardless of the date of the
predatory offender's conviction or delinquency adjudication.
(b) Paragraph (a) does not change the obligation of any
offender to register who began to register under this section
before the effective date of this subdivision.
Sec. 11. [243.167] [REGISTRATION UNDER THE PREDATORY
OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.]
Subdivision 1. [DEFINITION.] As used in this section,
"crime against the person" means a violation of any of the
following: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2;
609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1;
609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision
1; 609.582, subdivision 1; or 617.23, subdivision 2; or any
felony-level violation of section 609.229; 609.377; 609.749; or
624.713.
Subd. 2. [WHEN REQUIRED.] (a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:
(1) the person is convicted of a crime against the person;
and
(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, subdivision
1, paragraph (a), but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.
(b) A person who was previously required to register under
section 243.166 and who has completed the registration
requirements of that section shall again register under section
243.166 if the person commits a crime against the person.
Sec. 12. Minnesota Statutes 1998, section 244.052, as
amended by Laws 1999, chapters 86, article 1, section 82; 216,
article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5,
is amended to read:
244.052 [SEX PREDATORY OFFENDERS; NOTICE.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "confinement" means confinement in a state correctional
facility or a state treatment facility;
(2) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release;
(3) "residential facility" means a facility that is
licensed as a residential program, as defined in section
245A.02, subdivision 14, by the commissioner of human services
under chapter 245A, or the commissioner of corrections under
section 241.021, whose staff are trained in the supervision of
sex offenders; and
(4) "sex predatory offender" and "offender" mean a person
who has been:
(i) convicted of an offense for which registration under
section 243.166 is required;
(ii) committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10,
regardless of whether the person was convicted of any offense;
or
(iii) committed pursuant to a court commitment order under
section 253B.18, under the circumstances described in section
243.166, subdivision 1, paragraph (d) is required to register as
a predatory offender under section 243.166. However, the terms
do not include persons required to register based solely on a
delinquency adjudication.
Subd. 2. [RISK ASSESSMENT SCALE.] By January 1, 1997, the
commissioner of corrections shall develop a risk assessment
scale which assigns weights to the various risk factors listed
in subdivision 3, paragraph (g), and specifies the risk level to
which offenders with various risk assessment scores shall be
assigned. In developing this scale, the commissioner shall
consult with county attorneys, treatment professionals, law
enforcement officials, and probation officers.
Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where sex
predatory offenders are confined. The committees shall assess
on a case-by-case basis the public risk posed by sex predatory
offenders who are about to be released from confinement.
(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:
(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the
assessment of sex offenders;
(4) a caseworker experienced in supervising sex offenders;
and
(5) a victim's services professional.
Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.
(c) The committee shall have access to the following data
on a sex predatory offender only for the purposes of its
assessment and to defend the committee's risk assessment
determination upon administrative review under this section:
(1) private medical data under section 13.42 or 144.335, or
welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court services data under
section 13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The sex
predatory offender has access to data on the offender collected
and maintained by the committee, unless the data are
confidential data received under this paragraph.
(d)(i) Except as otherwise provided in item (ii), at least
90 days before a sex predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.
(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.
(e) The committee shall assign to risk level I a sex
predatory offender whose risk assessment score indicates a low
risk of reoffense. The committee shall assign to risk level II
an offender whose risk assessment score indicates a moderate
risk of reoffense. The committee shall assign to risk level III
an offender whose risk assessment score indicates a high risk of
reoffense.
(f) Before the sex predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.
(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:
(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:
(i) the degree of likely force or harm;
(ii) the degree of likely physical contact; and
(iii) the age of the likely victim;
(2) the offender's prior offense history. This factor
includes consideration of the following:
(i) the relationship of prior victims to the offender;
(ii) the number of prior offenses or victims;
(iii) the duration of the offender's prior offense history;
(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and
(v) the offender's prior history of other antisocial acts;
(3) the offender's characteristics. This factor includes
consideration of the following:
(i) the offender's response to prior treatment efforts; and
(ii) the offender's history of substance abuse;
(4) the availability of community supports to the offender.
This factor includes consideration of the following:
(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;
(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;
(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and
(iv) the offender's lack of education or employment
stability;
(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and
(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.
(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment
must occur within 30 days of receipt of the report indicating
the offender's risk level assignment. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.
(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
two three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. The committee shall follow the process
outlined in paragraphs (a) to (e), and (g) in the reassessment.
An offender who is incarcerated may not request a reassessment
under this paragraph.
(j) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
(k) If the committee assigns a sex predatory offender to
risk level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.
Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
area where the sex predatory offender resides, expects to
reside, is employed, or is regularly found, shall disclose to
the public any information regarding the offender contained in
the report forwarded to the agency under subdivision 3,
paragraph (f), that is relevant and necessary to protect the
public and to counteract the offender's dangerousness,
consistent with the guidelines in paragraph (b). The extent of
the information disclosed and the community to whom disclosure
is made must relate to the level of danger posed by the
offender, to the offender's pattern of offending behavior, and
to the need of community members for information to enhance
their individual and collective safety.
(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:
(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure;
(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;
(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.
Notwithstanding the assignment of a sex predatory offender
to risk level II or III, a law enforcement agency may not make
the disclosures permitted or required by clause (2) or (3), if:
the offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:
(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and
(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.
(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the department of corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.
(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.
(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166.
(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.
Subd. 4a. [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.]
When an offender assigned to risk level III is released from
confinement or a residential facility to reside in the community
or changes residence while on supervised or conditional release,
the agency responsible for the offender's supervision shall take
into consideration the proximity of the offender's residence to
that of other level III offenders and, to the greatest extent
feasible, shall mitigate the concentration of level III
offenders.
Subd. 4b. [LEVEL III OFFENDERS; MANDATORY POSTING OF
INFORMATION ON INTERNET.] The commissioner of corrections shall
create and maintain an Internet Web site and post on the site
the information about offenders assigned to risk level III
forwarded by law enforcement agencies under subdivision 4,
paragraph (g). This information must be updated in a timely
manner to account for changes in the offender's address and
maintained for the period of time that the offender remains
subject to community notification as a level III offender.
Subd. 5. [RELEVANT INFORMATION PROVIDED TO LAW
ENFORCEMENT.] At least 60 days before a sex predatory offender
is released from confinement, the department of corrections or
the department of human services, in the case of a person who
was committed under section 253B.185 or Minnesota Statutes 1992,
section 526.10, shall give to the law enforcement agency that
investigated the offender's crime of conviction or, where
relevant, the law enforcement agency having primary jurisdiction
where the offender was committed, all relevant information that
the departments have concerning the offender, including
information on risk factors in the offender's history. Within
five days after receiving the offender's approved release plan
from the hearings and release unit, the appropriate department
shall give to the law enforcement agency having primary
jurisdiction where the offender plans to reside all relevant
information the department has concerning the offender,
including information on risk factors in the offender's history
and the risk level to which the offender was assigned. If the
offender's risk level was assigned under the circumstances
described in subdivision 3, paragraph (d), item (ii), the
appropriate department shall give the law enforcement agency all
relevant information that the department has concerning the
offender, including information on the risk factors in the
offender's history and the offender's risk level within five
days of the risk level assignment or reassignment.
Subd. 6. [ADMINISTRATIVE REVIEW.] (a) An offender assigned
or reassigned to risk level II or III under subdivision 3,
paragraph (e) or (h), has the right to seek administrative
review of an end-of-confinement review committee's risk
assessment determination. The offender must exercise this right
within 14 days of receiving notice of the committee's decision
by notifying the chair of the committee. Upon receiving the
request for administrative review, the chair shall notify: (1)
the offender; (2) the victim or victims of the offender's
offense who have requested disclosure or their designee; (3) the
law enforcement agency that investigated the offender's crime of
conviction or, where relevant, the law enforcement agency having
primary jurisdiction where the offender was committed; (4) the
law enforcement agency having jurisdiction where the offender
expects to reside, providing that the release plan has been
approved by the hearings and release unit of the department of
corrections; and (5) any other individuals the chair may
select. The notice shall state the time and place of the
hearing. A request for a review hearing shall not interfere
with or delay the notification process under subdivision 4 or 5,
unless the administrative law judge orders otherwise for good
cause shown.
(b) An offender who requests a review hearing must be given
a reasonable opportunity to prepare for the hearing. The review
hearing shall be conducted on the record before an
administrative law judge. The review hearing shall be conducted
at the correctional facility in which the offender is currently
confined. If the offender no longer is incarcerated, the
administrative law judge shall determine the place where the
review hearing will be conducted. The offender has the burden
of proof to show, by a preponderance of the evidence, that the
end-of-confinement review committee's risk assessment
determination was erroneous. The attorney general or a designee
shall defend the end-of-confinement review committee's
determination. The offender has the right to be present and be
represented by counsel at the hearing, to present evidence in
support of the offender's position, to call supporting witnesses
and to cross-examine witnesses testifying in support of the
committee's determination. Counsel for indigent offenders shall
be provided by the Legal Advocacy Project of the state public
defender's office.
(c) After the hearing is concluded, the administrative law
judge shall decide whether the end-of-confinement review
committee's risk assessment determination was erroneous and,
based on this decision, shall either uphold or modify the review
committee's determination. The judge's decision shall be in
writing and shall include the judge's reasons for the decision.
The judge's decision shall be final and a copy of it shall be
given to the offender, the victim, the law enforcement agency,
and the chair of the end-of-confinement review committee.
(d) The review hearing is subject to the contested case
provisions of chapter 14.
(e) The administrative law judge may seal any portion of
the record of the administrative review hearing to the extent
necessary to protect the identity of a victim of or witness to
the offender's offense.
Subd. 7. [IMMUNITY FROM LIABILITY.] (a) A state or local
agency or official, or a private organization or individual
authorized to act on behalf of a state or local agency or
official, is not civilly or criminally liable for disclosing or
failing to disclose information as permitted by this section.
(b) A state or local agency or official, or a private
organization or individual authorized to act on behalf of a
state or local agency or official, is not civilly liable for
failing to disclose information under this section.
(c) A state or local agency or official, or a private
organization or individual authorized to act on behalf of a
state or local agency or official, is not civilly liable for
disclosing information as permitted by this section. However,
this paragraph applies only to disclosure of information that is
consistent with the offender's conviction history. It does not
apply to disclosure of information relating to conduct for which
the offender was not convicted.
Subd. 8. [LIMITATION ON SCOPE.] Nothing in this section
imposes a duty upon a person licensed under chapter 82, or an
employee of the person, to disclose information regarding an
offender who is required to register under section 243.166, or
about whom notification is made under this section.
Sec. 13. Minnesota Statutes 1998, section 244.10,
subdivision 2a, is amended to read:
Subd. 2a. [NOTICE OF INFORMATION REGARDING SEX PREDATORY
OFFENDERS.] (a) Subject to paragraph (b), in any case in which a
person is convicted of an offense which requires registration
under section 243.166, subdivision 1, and the presumptive
sentence under the sentencing guidelines is commitment to the
custody of the commissioner of corrections, if the court grants
a dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:
(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and
(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.
The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender.
The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or 241.021, if the facility
staff is trained in the supervision of sex offenders.
(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.
(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.
(c) (d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.
Sec. 14. [299C.093] [DATABASE OF REGISTERED PREDATORY
OFFENDERS.]
The superintendent of the bureau of criminal apprehension
shall maintain a computerized data system relating to
individuals required to register as predatory offenders under
section 243.166. To the degree feasible, the system must
include the information required to be provided under section
243.166, subdivisions 4 and 4a, and indicate the time period
that the person is required to register. The superintendent
shall maintain this information in a manner that ensures that it
is readily available to law enforcement agencies. This
information is private data on individuals under section 13.02,
subdivision 12, but may be used for law enforcement and
corrections purposes.
Sec. 15. [REPORT.]
By January 15, 2001, the superintendent of the bureau of
criminal apprehension shall report to the chairs of the senate
and house of representatives committees and divisions having
jurisdiction over criminal justice funding. The report must
specify how the money appropriated in this act was spent and how
the policy changes made in this act relating to the bureau were
implemented.
Sec. 16. [EFFECTIVE DATES.]
(a) Section 10 is effective the day following final
enactment.
(b) Section 6 is effective August 1, 2000, and applies to
crimes committed on or after that date. However, a conviction
or adjudication for violating Minnesota Statutes, section
243.166, occurring before August 1, 2000, shall be considered a
prior conviction or adjudication under Minnesota Statutes,
section 243.166, subdivision 5, paragraph (c).
(c) The provisions of section 7 that pertain to lifetime
registration are effective August 1, 2000, and apply to persons
who commit offenses requiring lifetime registration on or after
that date.
(d) Sections 2 and 9 and the provisions of sections 4 and 8
that pertain to making information available to the public
through electronic, computerized, or other accessible means are
effective August 1, 2000, and apply to offenders who are out of
compliance with Minnesota Statutes, section 243.166, on or after
that date.
(e) The provisions of section 12 that pertain to posting
information on the Internet are effective August 1, 2000, and
apply to offenders classified at risk level III and subject to
community notification under Minnesota Statutes, section
244.052, on or after that date.
(f) Section 13 and the remaining provisions of section 12
are effective August 1, 2000, and apply to persons released from
confinement or sentenced on or after that date.
(g) Sections 14 and 15 and the remaining provisions of
section 8 are effective August 1, 2000.
(h) Sections 1, 3, and 5, and the remaining provisions of
sections 4 and 7 are effective August 1, 2000, and apply to
persons released from confinement, sentenced, subject to
registration, or who commit offenses on or after that date.
ARTICLE 3
NAME CHANGE PROVISIONS
Section 1. Minnesota Statutes 1998, section 259.11, is
amended to read:
259.11 [ORDER; FILING COPIES.]
(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless: (1) it finds that
there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of the
change of a minor child's name, the court finds that such name
change is not in the best interests of the child. The court
shall set forth in the order the name and age of the applicant's
spouse and each child of the applicant, if any, and shall state
a description of the lands, if any, in which the applicant and
the spouse and children, if any, claim to have an interest. The
court administrator shall file such order, and record the same
in the judgment book. If lands be described therein, a
certified copy of the order shall be filed for record, by the
applicant, with the county recorder of each county wherein any
of the same are situated. Before doing so the court
administrator shall present the same to the county auditor who
shall enter the change of name in the auditor's official records
and note upon the instrument, over an official signature, the
words "change of name recorded." Any such order shall not be
filed, nor any certified copy thereof be issued, until the
applicant shall have paid to the county recorder and court
administrator the fee required by law. No application shall be
denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court
shall determine whether the person has been convicted of a
felony in this or any other state. If so, the court shall,
within ten days after the name change application is granted,
report the name change to the bureau of criminal apprehension.
The person whose name is changed shall also report the change to
the bureau of criminal apprehension within ten days. The court
granting the name change application must explain this reporting
duty in its order. Any person required to report the person's
name change to the bureau of criminal apprehension who fails to
report the name change as required under this paragraph is
guilty of a gross misdemeanor.
Sec. 2. [259.115] [CRIMINAL PENALTIES.]
A person who has a felony conviction under Minnesota law or
the law of another state or federal jurisdiction and who does
any of the following is guilty of a gross misdemeanor:
(1) upon marriage, uses a different surname from that used
before marriage without complying with section 259.13;
(2) upon marriage dissolution or legal separation, uses a
different surname from that used during marriage without
complying with section 259.13; or
(3) with the intent to defraud or mislead, or to cause
injury to or harass another, uses a different name without
complying with section 259.13.
Sec. 3. [259.13] [PERSONS WITH FELONY CONVICTION; NAME
CHANGES.]
Subdivision 1. [PROCEDURE FOR SEEKING NAME CHANGE.] (a) A
person with a felony conviction under Minnesota law or the law
of another state or federal jurisdiction shall serve a notice of
application for a name change on the prosecuting authority that
obtained the conviction against the person when seeking a name
change through one of the following procedures:
(1) an application for a name change under section 259.10;
(2) a request for a name change as part of an application
for a marriage license under section 517.08; or
(3) a request for a name change in conjunction with a
marriage dissolution under section 518.27.
If the conviction is from another state or federal jurisdiction,
notice of application must also be served on the attorney
general.
(b) A person who seeks a name change under section 259.10
or 518.27 shall file proof of service with the court as part of
the name change request. A person who seeks a name change under
section 517.08 shall file proof of service with the county as
part of the application for a marriage license.
(c) The name change request may not be granted during the
30-day period provided for in subdivision 2 or, if an objection
is filed under subdivision 2, until satisfaction of the
requirements in subdivision 3 or 4. Nothing in this section
shall delay the granting of a marriage license under section
517.08, which may be granted without the name change.
Subd. 2. [OBJECTION BY PROSECUTING AUTHORITY.] At any time
within 30 days from the date of service of the notice of
application for a name change under this section, the
prosecuting authority or the attorney general may file an
objection to the application for a name change. The objection
may be made on the basis that the request aims to defraud or
mislead, is not made in good faith, will cause injury to a
person, or will compromise public safety. If an objection to
the application for a name change is filed within this time
period, the court may not grant the name change request, and the
county may not allow the name change as part of a marriage
license.
Subd. 3. [MOTION TO GRANT NAME CHANGE REQUEST.] A person
who seeks a name change may contest the prosecuting authority's
or attorney general's objection by filing a motion with the
court for an order permitting the requested name change. Except
as provided in subdivision 4, no name change shall be granted
unless the person requesting it proves by clear and convincing
evidence that the request is not based upon an intent to defraud
or mislead, is made in good faith, will not cause injury to a
person, and will not compromise public safety.
Subd. 4. [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court
shall grant a name change if failure to allow it would infringe
on a constitutional right of the person.
Subd. 5. [COSTS.] A person seeking a name change under
this section may proceed in forma pauperis only when the failure
to allow the name change would infringe upon a constitutional
right.
Subd. 6. [CRIMINAL PENALTY.] A person who knowingly
violates this section is guilty of a gross misdemeanor.
Sec. 4. Minnesota Statutes 1998, section 517.08,
subdivision 1a, is amended to read:
Subd. 1a. Application for a marriage license shall be made
upon a form provided for the purpose and shall contain the
following information:
(1) the full names of the parties and the sex of each
party;
(2) their post office addresses and county and state of
residence;
(3) their full ages;
(4) if either party has previously been married, the
party's married name, and the date, place and court in which the
marriage was dissolved or annulled or the date and place of
death of the former spouse;
(5) if either party is a minor, the name and address of the
minor's parents or guardian;
(6) whether the parties are related to each other, and, if
so, their relationship;
(7) the name and date of birth of any child of which both
parties are parents, born before the making of the application,
unless their parental rights and the parent and child
relationship with respect to the child have been terminated;
(8) address of the bride and groom after the marriage to
which the court administrator shall send a certified copy of the
marriage certificate; and
(9) the full names the parties will have after marriage and
the parties' social security numbers. The social security
numbers must be collected for the application but must not
appear on the marriage license;
(10) if one or both of the parties to the marriage license
has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction, the parties shall provide
to the county proof of service upon the prosecuting authority
and, if applicable, the attorney general, as required by section
259.13; and
(11) notice that a party who has a felony conviction under
Minnesota law or the law of another state or federal
jurisdiction may not use a different surname after marriage
except as authorized by section 259.13, and that doing so is a
gross misdemeanor.
Sec. 5. Minnesota Statutes 1998, section 517.08,
subdivision 1b, is amended to read:
Subd. 1b. [TERM OF LICENSE; FEE.] (a) The court
administrator shall examine upon oath the party applying for a
license relative to the legality of the contemplated marriage.
If at the expiration of a five-day period, on being satisfied
that there is no legal impediment to it, including the
restriction contained in section 259.13, the court administrator
shall issue the license, containing the full names of the
parties before and after marriage, and county and state of
residence, with the district court seal attached, and make a
record of the date of issuance. The license shall be valid for
a period of six months. In case of emergency or extraordinary
circumstances, a judge of the district court of the county in
which the application is made, may authorize the license to be
issued at any time before the expiration of the five days. The
court administrator shall collect from the applicant a fee of
$70 for administering the oath, issuing, recording, and filing
all papers required, and preparing and transmitting to the state
registrar of vital statistics the reports of marriage required
by this section. If the license should not be used within the
period of six months due to illness or other extenuating
circumstances, it may be surrendered to the court administrator
for cancellation, and in that case a new license shall issue
upon request of the parties of the original license without
fee. A court administrator who knowingly issues or signs a
marriage license in any manner other than as provided in this
section shall pay to the parties aggrieved an amount not to
exceed $1,000.
(b) If section 259.13 applies to the request for a marriage
license, the court administrator shall grant the marriage
license without the requested name change. Alternatively, the
court administrator may delay the granting of the marriage
license until the party with the conviction:
(1) certifies under oath that 30 days have passed since
service of the notice for a name change upon the prosecuting
authority and, if applicable, the attorney general and no
objection has been filed under section 259.13; or
(2) provides a certified copy of the court order granting
it. The parties seeking the marriage license shall have the
right to choose to have the license granted without the name
change or to delay its granting pending further action on the
name change request.
Sec. 6. Minnesota Statutes 1998, section 518.27, is
amended to read:
518.27 [NAME OF PARTY.]
Except as provided in section 259.13, in the final decree
of dissolution or legal separation the court shall, if requested
by a party, change the name of that party to another name as the
party requests. The court shall grant a request unless it finds
that there is an intent to defraud or mislead, unless the name
change is subject to section 259.13, in which case the
requirements of that section apply. The court shall notify the
parties that use of a different surname after dissolution or
legal separation without complying with section 259.13, if
applicable, is a gross misdemeanor. The party's new name shall
be so designated in the final decree.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 6 are effective August 1, 2000, and apply to
proceedings for a name change commenced and crimes committed on
or after that date.
ARTICLE 4
CRIMINAL AND EXPUNGEMENT PROVISIONS
Section 1. Minnesota Statutes 1998, section 609.035, is
amended by adding a subdivision to read:
Subd. 6. [EXCEPTION; CRIMINAL SEXUAL CONDUCT
OFFENSES.] Notwithstanding subdivision 1, a prosecution or
conviction for committing a violation of sections 609.342 to
609.345 with force or violence is not a bar to conviction of or
punishment for any other crime committed by the defendant as
part of the same conduct. If an offender is punished for more
than one crime as authorized by this subdivision and the court
imposes consecutive sentences for the crimes, the consecutive
sentences are not a departure from the sentencing guidelines.
Sec. 2. Minnesota Statutes 1998, section 609.342,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a) Except as otherwise provided in
section 609.109, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 30 years or to a
payment of a fine of not more than $40,000, or both.
(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the sentencing guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the sentencing guidelines.
Sec. 3. Minnesota Statutes 1998, section 609.352,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "child" means a person under the age of 15 years of age
or younger;
(b) "sexual conduct" means sexual contact of the
individual's primary genital area, sexual penetration as defined
in section 609.341, or sexual performance as defined in section
617.246; and
(c) "solicit" means commanding, entreating, or attempting
to persuade a specific person in person, by telephone, by
letter, or by computerized or other electronic means.
Sec. 4. Minnesota Statutes 1998, section 609.352,
subdivision 2, is amended to read:
Subd. 2. [PROHIBITED ACT.] A person 18 years of age or
older who solicits a child or someone the person reasonably
believes is a child to engage in sexual conduct with intent to
engage in sexual conduct 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.
Sec. 5. [609.353] [JURISDICTION.]
A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.
Sec. 6. Minnesota Statutes 1998, section 609.749,
subdivision 2, is amended to read:
Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;
(2) stalks, follows, or pursues another;
(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;
(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;
(5) makes or causes the telephone of another repeatedly or
continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by
any means, including electronically, of letters, telegrams,
messages, packages, or other objects; or
(7) knowingly makes false allegations against a peace
officer concerning the officer's performance of official duties
with intent to influence or tamper with the officer's
performance of official duties.
(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received. The conduct described in paragraph (a),
clause (6), may be prosecuted where any letter, telegram,
message, package, or other object is either sent or received.
(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause
(7).
Sec. 7. Minnesota Statutes 1998, section 609.795,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANORS.] Whoever does any of the
following is guilty of a misdemeanor:
(1) knowing that the actor does not have the consent of
either the sender or the addressee, intentionally opens any
sealed letter, telegram, or package addressed to another; or
(2) knowing that a sealed letter, telegram, or package has
been opened without the consent of either the sender or
addressee, intentionally publishes any of the contents thereof;
or
(3) with the intent to abuse, disturb, or cause distress,
repeatedly uses the mails or delivers or causes the delivery by
any means, including electronically, of letters, telegrams, or
packages.
Sec. 8. Minnesota Statutes 1998, section 609A.03, is
amended to read:
609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.]
Subdivision 1. [PETITION; FILING FEE.] An individual who
is the subject of a criminal record who is seeking the
expungement of the record shall file a petition under this
section and pay a filing fee in the amount required under
section 357.021, subdivision 2, clause (1). The filing fee may
be waived in cases of indigency and shall be waived in the cases
described in section 609A.02, subdivision 3.
Subd. 2. [CONTENTS OF PETITION.] A petition for
expungement shall be signed under oath by the petitioner and
shall state the following:
(1) the petitioner's full name and all other legal names or
aliases by which the petitioner has been known at any time;
(2) the petitioner's date of birth;
(3) all of the petitioner's addresses from the date of the
offense or alleged offense in connection with which an
expungement order is sought, to the date of the petition;
(4) why expungement is sought, if it is for employment or
licensure purposes, the statutory or other legal authority under
which it is sought, and why it should be granted;
(5) the details of the offense or arrest for which
expungement is sought, including date and jurisdiction of the
occurrence, court file number, and date of conviction or of
dismissal;
(6) in the case of a conviction, what steps the petitioner
has taken since the time of the offense toward personal
rehabilitation, including treatment, work, or other personal
history that demonstrates rehabilitation;
(7) petitioner'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 arrest or conviction
for which expungement is sought;
(8) petitioner's criminal charges record indicating all
prior and pending criminal charges against the petitioner in
this state or another jurisdiction, including all criminal
charges that have been continued for dismissal or stayed for
adjudication, or have been the subject of pretrial diversion;
and
(9) all prior requests by the petitioner, 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.
Subd. 3. [SERVICE OF PETITION AND PROPOSED ORDER.] The
petition for expungement and a proposed expungement order shall
be served by mail on the state and local government agencies and
jurisdictions whose records would be affected by the proposed
order. Service shall also be made by mail on the attorney for
each agency and jurisdiction.
Subd. 4. [HEARING.] A hearing on the petition shall be
held no sooner than 60 days after service of the petition.
Subd. 5. [NATURE OF REMEDY; STANDARD; FIREARMS
RESTRICTION.] (a) Except as otherwise provided by paragraph (b),
expungement of a criminal record 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, 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. If a petitioner was found not guilty by
reason of mental illness, the court shall grant the petition to
seal the record unless the agency or jurisdiction whose records
would be affected establishes by a preponderance of the evidence
that the interests of the public and public safety outweigh the
disadvantages to the petitioner of not sealing the record.
(c) If the court issues an expungement order it may require
that the criminal record shall be sealed, the existence of the
record shall not be revealed, and the record should not be
opened except as required under subdivision 7. Records shall
must not be destroyed or returned to the subject of the record.
(d) An order expunging the record of a conviction for a
crime of violence as defined in section 624.712, subdivision 5,
must provide that the person is not entitled to ship, transport,
possess, or receive a firearm until ten years have elapsed since
the order was entered and during that time the person was not
convicted of any other crime of violence. Any person whose
record of conviction is expunged under this section and who
thereafter receives a relief of disability under United States
Code, title 18, section 925, is not subject to the restriction
in this paragraph.
Subd. 5a. [ORDER CONCERNING CRIMES OF VIOLENCE.] An order
expunging the record of a conviction for a crime of violence as
defined in section 624.712, subdivision 5, must provide that the
person is not entitled to ship, transport, possess, or receive a
firearm until ten years have elapsed since the order was entered
and during that time the person was not convicted of any other
crime of violence. Any person whose record of conviction is
expunged under this section and who thereafter receives a relief
of disability under United States Code, title 18, section 925,
is not subject to the restriction in this subdivision.
Subd. 6. [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.]
If the court orders the sealing of the record of proceedings
under section 152.18, the effect of the order 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 held 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.
Subd. 7. [LIMITATIONS OF ORDER.] (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 shall not be sealed, returned to the
subject of the record, or destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a
criminal investigation, prosecution, or sentencing, upon an ex
parte court order; and
(2) 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.
Upon request by law enforcement, prosecution, or
corrections authorities, an agency or jurisdiction subject to an
expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes of this section, a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.
Subd. 8. [STAY OF ORDER; APPEAL DISTRIBUTION OF
EXPUNGEMENT ORDERS.] An expungement order shall be automatically
stayed for 60 days after filing of the order 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 officials or
employees thereof need not file a cost bond or supersedeas bond
in order to further stay the proceedings or file an appeal. The
court administrator shall send a copy of an expungement order to
each agency and jurisdiction whose records are affected by the
terms of the order.
Subd. 9. [DISTRIBUTION OF EXPUNGEMENT ORDERS STAY OF
ORDER; APPEAL.] If an expungement order is issued, the court
administrator shall send a copy of it to each agency and
jurisdiction whose records are affected by the terms of the
order. An expungement order 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.
Sec. 9. Minnesota Statutes 1998, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for murder 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.
(b) (c) Indictments or complaints for violation of section
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.
(c) (d) Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within nine years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within three years after
the offense was reported to law enforcement authorities.
(d) (e) Notwithstanding the limitations in paragraph (c),
indictments or complaints for violation of sections 609.342 to
609.344 if the victim was 18 years old or older at the time the
offense was committed, shall may be found or made and filed in
the proper court at any time after commission of the offense, if
physical evidence is collected and preserved that is capable of
being tested for its DNA characteristics. If this evidence is
not collected and preserved and the victim was 18 years old or
older at the time of the offense, the prosecution must be
commenced within nine years after the commission of the offense.
(e) (f) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3)(c), item (iii),
shall be found or made and filed in the proper court within six
years after the commission of the offense.
(f) (g) Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (a) and (b) (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, shall
be found or made and filed in the proper court within five years
after the commission of the offense.
(g) (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.
(h) (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.
(i) (j) 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.
(j) (k) 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.
(k) (l) 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.
(1) (m) 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.
Sec. 10. [EFFECTIVE DATES.]
Sections 1 to 5, 7, and 8 are effective August 1, 2000, and
apply to crimes committed and expungement petitions filed on or
after that date. Section 6 is effective the day following final
enactment and applies to crimes committed on or after that
date. Section 9 is effective August 1, 2000, and applies to
crimes committed on or after that date and to crimes committed
before that date if the limitation period for the crime did not
expire before August 1, 2000.
ARTICLE 5
CRIMINAL JUSTICE INFORMATION
TECHNOLOGY AND INTEGRATION PROVISIONS
Section 1. Minnesota Statutes 1998, section 299C.65,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The criminal and
juvenile justice information policy group consists of the chair
of the sentencing guidelines commission, the commissioner of
corrections, the commissioner of public safety, the commissioner
of administration, the commissioner of finance, and the state
court administrator four members of the judicial branch
appointed by the chief justice of the supreme court.
(b) The policy group shall study and make recommendations
to the governor, the supreme court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;
(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;
(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;
(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights;
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;
(12) the collection of data on race and ethnicity in
criminal justice information systems;
(13) the development of a tracking system for domestic
abuse orders for protection;
(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and
(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.
Sec. 2. Minnesota Statutes 1999 Supplement, section
299C.65, subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] The policy group shall file
an annual report with the governor, supreme court, and chairs
and ranking minority members of the senate and house committees
and divisions with jurisdiction over criminal justice funding
and policy by December 1 of each even-numbered year.
The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, the chair, the commissioners, and the
administrator policy group shall appoint a task force consisting
of the its members of the criminal and juvenile justice
information policy group or their designees and the following
additional members:
(1) the director of the office of strategic and long-range
planning;
(2) two sheriffs recommended by the Minnesota sheriffs
association;
(3) two police chiefs recommended by the Minnesota chiefs
of police association;
(4) two county attorneys recommended by the Minnesota
county attorneys association;
(5) two city attorneys recommended by the Minnesota league
of cities;
(6) two public defenders appointed by the board of public
defense;
(7) two district judges appointed by the conference of
chief judges, one of whom is currently assigned to the juvenile
court;
(8) two community corrections administrators recommended by
the Minnesota association of counties, one of whom represents a
community corrections act county;
(9) two probation officers;
(10) four public members, one of whom has been a victim of
crime, and two who are representatives of the private business
community who have expertise in integrated information systems;
(11) two court administrators;
(12) one member of the house of representatives appointed
by the speaker of the house;
(13) one member of the senate appointed by the majority
leader;
(14) the attorney general or a designee;
(15) the commissioner of administration or a designee;
(16) an individual recommended by the Minnesota league of
cities; and
(17) an individual recommended by the Minnesota association
of counties.
In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.
Sec. 3. Minnesota Statutes 1999 Supplement, section
299C.65, subdivision 8, is amended to read:
Subd. 8. [LOCAL MATCH.] (a) The policy group may approve
grants only if the applicant provides an appropriate share of
matching funds as determined by the policy group to help pay up
to one-half of the costs of developing or implementing the
integration plan. The matching requirement must be a constant
for all counties. The policy group shall adopt policies
concerning the use of in-kind resources to satisfy a portion of
the match requirement and the sources from which matching funds
may be obtained. Local operational or technology staffing costs
may be considered as meeting this match requirement.
(b) The policy group shall consult with the task force when
carrying out its powers and duties under paragraph (a).
(c) Each grant recipient shall certify to the policy group
that it has not reduced funds from local, county, federal, or
other sources which, in the absence of the grant, would have
been made available to the grant recipient to improve or
integrate criminal justice technology.
Sec. 4. Minnesota Statutes 1998, section 299C.65, is
amended by adding a subdivision to read:
Subd. 8a. [CRIMINAL JUSTICE TECHNOLOGY INFRASTRUCTURE
IMPROVEMENTS.] (a) Within 30 days of the submission of the
Hennepin county integration plan funded by a grant under Laws
1999, chapter 216, article 1, section 7, subdivision 6, or
September 1, 2000, whichever is earlier, the policy group shall:
(1) assess the needs of state, county, and municipal
government agencies for electronic fingerprint capture
technology, electronic photographic identification technology,
and additional bandwidth to transfer and access the data from
electronic fingerprint capture technology and electronic
photographic identification technology to the state's central
database; and
(2) choose locations and agencies to receive this
technology.
(b) Within the limits of available appropriations, the
commissioner of public safety shall purchase and distribute the
technology infrastructure improvements as directed by the policy
group. The commissioner shall begin the purchasing process
within 30 days of receiving notice of the policy group's
decisions. The commissioner shall distribute the improvements
as soon as practicable after beginning the purchasing process.
(c) If feasible, the policy group shall direct the
commissioner to distribute the technology infrastructure
improvements described in this subdivision in 100 locations.
However, no more than 30 percent of the improvements may be
distributed in one county.
Sec. 5. [REPORTS REQUIRED.]
Subdivision 1. [PUBLIC SAFETY.] By January 15, 2001, the
commissioner of public safety shall report to the chairs and
ranking minority members of the senate and house committees and
divisions having jurisdiction over criminal justice policy and
funding on the grants made and the technology infrastructure
improvements distributed under article 1, section 3, subdivision
1. The report must specify the amount spent on the improvements
or grants, how the improvements or grants were distributed, and
what the effects of the improvements or grants have been.
Subd. 2. [SUPREME COURT.] By January 15, 2001, the chief
justice of the supreme court is requested to report to the
chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal
justice policy and funding on the redevelopment of the court
information system funded under article 1, section 5. The
report must specify how the appropriation was spent and what the
results have been.
Subd. 3. [SENTENCING GUIDELINES COMMISSION.] By January
15, 2001, the executive director of the sentencing guidelines
commission shall report to the chairs and ranking minority
members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding on the
results of the pilot project funded under article 1, section 4.
Sec. 6. [PROPOSED EFFECTIVENESS MEASUREMENT STANDARDS AND
SANCTIONS; REPORT REQUIRED.]
(a) The criminal and juvenile justice information policy
group, in consultation with the task force described in
Minnesota Statutes, section 299C.65, subdivision 2, shall
develop recommended standards to measure the effectiveness of
the use of the technology infrastructure improvements described
in Minnesota Statutes, section 299C.65, subdivision 8a, and the
improvements made to the court information system funded by
state appropriations. The standards must be based on objective
factors that can indicate whether the improvements have actually
increased the effectiveness of the receiving agency's or court's
system, and if so to what degree.
(b) The policy group, in consultation with the task force,
shall also recommend appropriate sanctions for the court or an
agency that receives the technology improvements but does not
meet the recommended effectiveness standards.
(c) By January 15, 2001, the policy group shall report the
recommended standards and sanctions to the chairs and ranking
minority members of the senate and house committees and
divisions having jurisdiction over criminal justice funding.
Sec. 7. [EFFECTIVE DATE.]
Sections 1 to 6 are effective the day following final
enactment.
ARTICLE 6
DATA PRACTICES PROVISIONS
Section 1. Minnesota Statutes 1999 Supplement, section
13.46, subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) according to section 13.05;
(2) according to court order;
(3) according to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names,
social security numbers, income, addresses, and other data as
required, upon request by the department of revenue to
administer the property tax refund law, supplemental housing
allowance, early refund of refundable tax credits, and the
income tax. "Refundable tax credits" means the dependent care
credit under section 290.067, the Minnesota working family
credit under section 290.0671, the property tax refund under
section 290A.04, and, if the required federal waiver or waivers
are granted, the federal earned income tax credit under section
32 of the Internal Revenue Code;
(9) between the department of human services, the
department of children, families, and learning, and the
department of economic security for the purpose of monitoring
the eligibility of the data subject for reemployment
compensation, for any employment or training program
administered, supervised, or certified by that agency, for the
purpose of administering any rehabilitation program or child
care assistance program, whether alone or in conjunction with
the welfare system, or to monitor and evaluate the Minnesota
family investment program by exchanging data on recipients and
former recipients of food stamps, cash assistance under chapter
256, 256D, 256J, or 256K, child care assistance under chapter
119B, or medical programs under chapter 256B, 256D, or 256L;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential programs as defined in
section 245A.02 may be disclosed to the protection and advocacy
system established in this state according to Part C of Public
Law Number 98-527 to protect the legal and human rights of
persons with mental retardation or other related conditions who
live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
services office to the extent necessary to determine eligibility
under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a Minnesota family investment
program participant may be disclosed to law enforcement officers
who provide the name of the participant and notify the agency
that:
(i) the participant:
(A) is a fugitive felon fleeing to avoid prosecution, or
custody or confinement after conviction, for a crime or attempt
to commit a crime that is a felony under the laws of the
jurisdiction from which the individual is fleeing; or
(B) is violating a condition of probation or parole imposed
under state or federal law;
(ii) the location or apprehension of the felon is within
the law enforcement officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of those duties;
(16) the current address of a recipient of general
assistance or general assistance medical care may be disclosed
to probation officers and corrections agents who are supervising
the recipient and to law enforcement officers who are
investigating the recipient in connection with a felony level
offense;
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
Food Stamp Act, according to Code of Federal Regulations, title
7, section 272.1(c);
(18) the address, social security number, and, if
available, photograph of any member of a household receiving
food stamps shall be made available, on request, to a local,
state, or federal law enforcement officer if the officer
furnishes the agency with the name of the member and notifies
the agency that:
(i) the member:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, for a crime or attempt to commit a
crime that is a felony in the jurisdiction the member is
fleeing;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) has information that is necessary for the officer to
conduct an official duty related to conduct described in subitem
(A) or (B);
(ii) locating or apprehending the member is within the
officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duty;
(19) the current address of a recipient of Minnesota family
investment program, general assistance, general assistance
medical care, or food stamps may be disclosed to law enforcement
officers who, in writing, provide the name of the recipient and
notify the agency that the recipient is a person required to
register under section 243.166, but is not residing at the
address at which the recipient is registered under section
243.166;
(20) certain information regarding child support obligors
who are in arrears may be made public according to section
518.575;
(20) (21) data on child support payments made by a child
support obligor and data on the distribution of those payments
excluding identifying information on obligees may be disclosed
to all obligees to whom the obligor owes support, and data on
the enforcement actions undertaken by the public authority, the
status of those actions, and data on the income of the obligor
or obligee may be disclosed to the other party;
(21) (22) data in the work reporting system may be
disclosed under section 256.998, subdivision 7;
(22) (23) to the department of children, families, and
learning for the purpose of matching department of children,
families, and learning student data with public assistance data
to determine students eligible for free and reduced price meals,
meal supplements, and free milk according to United States Code,
title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to
allocate federal and state funds that are distributed based on
income of the student's family; and to verify receipt of energy
assistance for the telephone assistance plan;
(23) (24) the current address and telephone number of
program recipients and emergency contacts may be released to the
commissioner of health or a local board of health as defined in
section 145A.02, subdivision 2, when the commissioner or local
board of health has reason to believe that a program recipient
is a disease case, carrier, suspect case, or at risk of illness,
and the data are necessary to locate the person;
(24) (25) to other state agencies, statewide systems, and
political subdivisions of this state, including the attorney
general, and agencies of other states, interstate information
networks, federal agencies, and other entities as required by
federal regulation or law for the administration of the child
support enforcement program;
(25) (26) to personnel of public assistance programs as
defined in section 256.741, for access to the child support
system database for the purpose of administration, including
monitoring and evaluation of those public assistance programs;
(26) (27) to monitor and evaluate the Minnesota family
investment program by exchanging data between the departments of
human services and children, families, and learning, on
recipients and former recipients of food stamps, cash assistance
under chapter 256, 256D, 256J, or 256K, child care assistance
under chapter 119B, or medical programs under chapter 256B,
256D, or 256L; or
(27) (28) to evaluate child support program performance and
to identify and prevent fraud in the child support program by
exchanging data between the department of human services,
department of revenue under section 270B.14, subdivision 1,
paragraphs (a) and (b), without regard to the limitation of use
in paragraph (c), department of health, department of economic
security, and other state agencies as is reasonably necessary to
perform these functions.
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed according to the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15), (16), (17), or (18), or paragraph
(b), are investigative data and are confidential or protected
nonpublic while the investigation is active. The data are
private after the investigation becomes inactive under section
13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
For the purposes of this subdivision, a request will be
deemed to be made in writing if made through a computer
interface system.
Sec. 2. Minnesota Statutes 1998, section 13.54,
subdivision 6, is amended to read:
Subd. 6. [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A
public housing agency that enters a contract for assistance
under United States Code, title 42, sections 1437 to 1440, shall
furnish a local, state, or federal law enforcement officer, upon
the officer's request, with the current address, social security
number, and photograph, if available, of a recipient of
assistance under United States Code, title 42, sections 1437 to
1440, if the officer:
(1) provides the name of the recipient to the housing
agency; and
(2) notifies the agency that:
(i) the recipient:
(A) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the jurisdiction
from which the individual is fleeing, for a crime which is a
felony under the laws of that jurisdiction;
(B) is violating a condition of probation or parole imposed
under state or federal law; or
(C) is a person required to register under section 243.166
and is not residing at the address at which the person is
registered under section 243.166; or
(D) has information necessary for the officer to conduct
the officer's official duties;
(ii) the location or apprehension of the individual is
within the officer's official duties; and
(iii) the request is made in writing and in the proper
exercise of the officer's official duties.
Sec. 3. [176.862] [DISCLOSURE TO LAW ENFORCEMENT.]
The commissioner must disclose the current address of an
employee collected or maintained under this chapter to law
enforcement officers who provide the name of the employee and
notify the commissioner that the employee is a person required
to register under section 243.166 and is not residing at the
address at which the employee is registered under section
243.166.
Presented to the governor March 30, 2000
Signed by the governor April 3, 2000, 1:55 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes