Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 377-S.F.No. 3154 
                  An act relating to public defense; authorizing access 
                  to various criminal and juvenile justice databases for 
                  purposes of criminal defense; amending Minnesota 
                  Statutes 1998, sections 299C.147, subdivisions 2 and 
                  3; 299C.46, subdivision 3; Minnesota Statutes 1999 
                  Supplement, section 299C.095, subdivision 1; proposing 
                  coding for new law in Minnesota Statutes, chapter 611. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        299C.095, subdivision 1, is amended to read: 
           Subdivision 1.  [ACCESS.] (a) The bureau shall administer 
        and maintain the computerized juvenile history record system 
        based on sections 260B.171 and 260C.171 and other statutes 
        requiring the reporting of data on juveniles.  The data in the 
        system are private data as defined in section 13.02, subdivision 
        12, but are accessible to criminal justice agencies as defined 
        in section 13.02, subdivision 3a, to all trial courts and 
        appellate courts, to a person who has access to the juvenile 
        court records as provided in sections 260B.171 and 260C.171 or 
        under court rule, to public defenders as provided in section 
        611.272, and to criminal justice agencies in other states in the 
        conduct of their official duties. 
           (b) Except for access authorized under paragraph (a), the 
        bureau shall only disseminate a juvenile adjudication history 
        record in connection with a background check required by statute 
        or rule and performed on a licensee, license applicant, or 
        employment applicant or performed under section 624.713.  A 
        consent for release of information from an individual who is the 
        subject of a juvenile adjudication history is not effective and 
        the bureau shall not release a juvenile adjudication history 
        record and shall not release information in a manner that 
        reveals the existence of the record. 
           Sec. 2.  Minnesota Statutes 1998, section 299C.147, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
        maintain a computerized data system for the purpose of assisting 
        criminal justice agencies in monitoring and enforcing the 
        conditions of conditional release imposed on criminal offenders 
        by a sentencing court or the commissioner of corrections.  The 
        data in the system are private data as defined in section 13.02, 
        subdivision 12, but are accessible to criminal justice agencies 
        as defined in section 13.02, subdivision 3a, to public defenders 
        as provided in section 611.272, and to criminal justice agencies 
        in other states in the conduct of their official duties.  
           Sec. 3.  Minnesota Statutes 1998, section 299C.147, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
        criminal justice agencies may submit data to and obtain data 
        from the conditional release data system and only persons who 
        are authorized users under subdivision 2 may obtain data from 
        the system.  The commissioner of corrections may require that 
        any or all information be submitted to the conditional release 
        data system.  A consent to the release of data in the 
        conditional release data system from the individual who is the 
        subject of the data is not effective.  
           Sec. 4.  Minnesota Statutes 1998, section 299C.46, 
        subdivision 3, is amended to read: 
           Subd. 3.  [AUTHORIZED USE, FEE.] (a) The criminal justice 
        data communications network shall be used exclusively by: 
           (1) criminal justice agencies in connection with the 
        performance of duties required by law; 
           (2) agencies investigating federal security clearances of 
        individuals for assignment or retention in federal employment 
        with duties related to national security, as required by Public 
        Law Number 99-1691; 
           (3) other agencies to the extent necessary to provide for 
        protection of the public or property in an emergency or disaster 
        situation; 
           (4) noncriminal justice agencies statutorily mandated, by 
        state or national law, to conduct checks into state databases 
        prior to disbursing licenses or providing benefits; and 
           (5) the public authority responsible for child support 
        enforcement in connection with the performance of its duties; 
        and 
           (6) the public defender, as provided in section 611.272. 
           (b) The commissioner of public safety shall establish a 
        monthly network access charge to be paid by each participating 
        criminal justice agency.  The network access charge shall be a 
        standard fee established for each terminal, computer, or other 
        equipment directly addressable by the data communications 
        network, as follows:  January 1, 1984 to December 31, 1984, $40 
        connect fee per month; January 1, 1985 and thereafter, $50 
        connect fee per month.  
           (c) The commissioner of public safety is authorized to 
        arrange for the connection of the data communications network 
        with the criminal justice information system of the federal 
        government, any adjacent state, or Canada. 
           Sec. 5.  [611.272] [ACCESS TO GOVERNMENT DATA.] 
           The district public defender, the state public defender, or 
        an attorney working for a public defense corporation under 
        section 611.216 have access to the criminal justice data 
        communications network described in section 299C.46, as provided 
        in this section.  Access to data under this section is limited 
        to data regarding the public defender's own client as necessary 
        to prepare criminal cases in which the public defender has been 
        appointed, including, but not limited to, criminal history data 
        under section 13.87; juvenile offender data under section 
        299C.095; warrant information data under section 299C.115; 
        incarceration data under section 299C.14; conditional release 
        data under section 299C.147; and diversion program data under 
        section 299C.46, subdivision 5.  The public defender does not 
        have access to law enforcement active investigative data under 
        section 13.82, subdivision 5; data protected under section 
        13.82, subdivision 10; or confidential arrest warrant indices 
        data under section 13.82, subdivision 12.  The public defender 
        has access to the data at no charge, except for the monthly 
        network access charge under section 299C.46, subdivision 3, 
        paragraph (b), and a reasonable installation charge for a 
        terminal. 
           Presented to the governor April 10, 2000 
           Signed by the governor April 13, 2000, 4:45 p.m.