Key: (1) language to be deleted (2) new language
An act
relating to state government; providing policy for crime victims, law enforcement, criminal justice, corrections, public safety, crime, predatory offenders, restorative practices restitution program, Clemency Review Commission, protective orders, judicial data privacy, judiciary, public defense, civil law, contracts for deed, and state government data; providing for the Uniform Public Expression Protection Act; establishing the State Board of Civil Legal Aid; authorizing Anoka County to build jail and criminal justice center; providing for grants; providing for working groups and task forces; providing criminal penalties; providing for reports; appropriating money for judiciary, public safety, and corrections;
amending Minnesota Statutes 2022, sections 5B.02; 5B.03, subdivision 3; 5B.04; 5B.05; 13.045, subdivision 3; 13.84, subdivision 6; 14.05, subdivision 7; 14.08; 14.16, subdivision 3; 14.26, subdivision 3a; 14.386, as amended; 14.388, subdivision 2; 14.3895, subdivisions 2, 6; 14.48, subdivision 2; 14.62, subdivision 2a; 15A.083, subdivision 6a; 16E.01, subdivision 2; 16E.03, subdivisions 3, 4, 5, 7; 16E.04, subdivisions 2, 3; 16E.07; 117.042; 152.025, subdivision 4; 169A.03, by adding a subdivision; 169A.51, subdivision 3; 171.177, subdivisions 1, 3, 4, 5, 8, 12; 171.182, subdivisions 2, 3; 211B.33, subdivision 2; 211B.34, subdivisions 1, 2; 211B.35, subdivisions 1, 3; 241.021, subdivisions 1h, 4b; 241.75, subdivision 2; 243.05, subdivision 1b; 243.166, subdivisions 1a, 3, 6, by adding a subdivision; 243.167, subdivision 1; 243.52, subdivision 2; 244.052, subdivisions 3, 4, 4a; 253B.02, subdivision 4d; 253B.18, subdivision 5a, as amended; 253D.14, subdivision 1; 260B.007, subdivisions 6, 16; 260B.198, subdivision 7; 260C.007, subdivision 6; 260E.06, subdivision 1; 260E.08; 272.12; 299A.73, subdivision 4; 326.338, subdivision 4; 326.3388; 480.15, subdivision 10c; 480.24, subdivisions 2, 4; 480.242, subdivisions 2, 3; 480.243, subdivision 1; 491A.01, subdivision 3a; 507.235, subdivisions 1a, 5; 513.73, subdivision 3; 518B.01, subdivisions 2, 3a, 3b, 4, 5, 6a, 7, 8, 8a, 9, 9a, 11, by adding a subdivision; 524.5-315; 524.5-317; 548.251, subdivision 2; 559.21, subdivisions 2a, 4, by adding subdivisions; 559.211, subdivision 1; 559.213; 563.01; 590.01, subdivision 4; 590.03; 593.50, subdivision 1; 604A.05, subdivision 1; 609.02, by adding a subdivision; 609.06, subdivision 1, as amended, by adding a subdivision; 609.075; 609.1056, by adding a subdivision; 609.14, subdivisions 2, 3, by adding a subdivision; 609.324, subdivision 1; 609.748, subdivisions 3a, 5, 5b, by adding a subdivision; 609.78, subdivision 3, by adding a subdivision; 611.215, subdivision 2; 611.24; 611.26, subdivisions 2, 3, 3a, 4; 611.263, subdivision 1; 611.265; 611.27, subdivisions 1, 8, 10, 11, 13, 16; 611A.06, subdivision 3a, by adding a subdivision; 611A.212, subdivision 1; 611A.73, subdivision 4; 626.05, subdivision 2; 626.5534; 626.84, subdivision 1; 626.8435, subdivision 1; 626.8457, subdivision 3; 629.72, subdivisions 1, 7; 629.725; 629.73, subdivision 1, by adding a subdivision; Minnesota Statutes 2023 Supplement, sections 16E.01, subdivision 3; 16E.03, subdivision 2; 146A.08, subdivision 1; 169A.51, subdivision 4; 214.10, subdivision 10; 241.021, subdivision 1; 243.166, subdivision 1b; 244.05, subdivision 5; 244.17, subdivision 3; 244.21, subdivision 2; 244.41, subdivisions 6, 14, by adding a subdivision; 244.46, subdivisions 1, 2; 244.50, subdivision 4; 299A.49, subdivisions 8, 9; 299A.95, subdivision 5; 299C.105, subdivision 1; 307.08, subdivision 3a; 326.3387, subdivision 1; 401.01, subdivision 2; 401.10, subdivision 1; 515B.2-103; 515B.3-102; 524.5-313; 609.1095, subdivision 1; 609.133, subdivision 4; 609.135, subdivision 2; 609.14, subdivision 1; 609.3455, subdivision 5; 609.35; 609.522, subdivisions 1, 2; 609A.015, subdivision 3, as amended; 609A.02, subdivision 3; 609A.06, subdivision 2; 611.215, subdivision 1; 611.23; 611.41, subdivision 7; 611.55, subdivision 1; 611.56, subdivisions 1, 6; 611.57, subdivisions 1, 4; 611A.039, subdivision 1; 611A.52, subdivision 5; 626.8516, subdivision 6; 629.292, subdivision 2; 638.09, subdivision 5; 638.12, subdivision 2; 638.15, subdivision 1; Laws 2023, chapter 52, article 1, section 2, subdivision 3; article 2, sections 3, subdivisions 5, 8, as amended; 6, subdivisions 1, 4; article 4, section 24, subdivisions 3, 7; article 8, section 20, subdivision 3; Laws 2023, chapter 63, article 5, section 5; proposing coding for new law in Minnesota Statutes, chapters 3C; 13; 14; 16A; 16E; 169; 219; 241; 244; 260B; 299A; 480; 500; 554; 609; 626; 627; 634; proposing coding for new law as Minnesota Statutes, chapter 559A; repealing Minnesota Statutes 2022, sections 16E.035; 16E.0465, subdivisions 1, 2; 16E.055; 16E.20; 241.265; 480.242, subdivision 1; 554.01; 554.02; 554.03; 554.04; 554.045; 554.05; 554.06; 559.201; 559.202; 609B.050; 609B.100; 609B.101; 609B.102; 609B.103; 609B.104; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110; 609B.111; 609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124; 609B.125; 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134; 609B.135; 609B.136; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143; 609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150; 609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160; 609B.162; 609B.164; 609B.1641; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171; 609B.172; 609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180; 609B.181; 609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191; 609B.192; 609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.203; 609B.205; 609B.206; 609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255; 609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277; 609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330; 609B.331; 609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345; 609B.400; 609B.405; 609B.410; 609B.415; 609B.425, subdivision 1; 609B.430; 609B.435, subdivisions 1, 3; 609B.445; 609B.450; 609B.455; 609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515; 609B.518; 609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720; 609B.721; 609B.722; 609B.723; 609B.724; 609B.725; 611.20, subdivisions 3, 4, 7; 611.25, subdivision 3; 611.27, subdivisions 6, 9, 12; Minnesota Statutes 2023 Supplement, sections 609B.161; 609B.425, subdivision 2; 609B.435, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.new text begin APPROPRIATIONS. new text end |
new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in parentheses, subtracted from the appropriations in Laws 2023, chapter 52, articles 1 and 2, to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the addition to or subtraction from the appropriation listed under them is available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. Supplemental appropriations and reductions to appropriations for the fiscal year ending June 30, 2024, are effective the day following final enactment. new text end
new text begin APPROPRIATIONS new text end | ||||||
new text begin Available for the Year new text end | ||||||
new text begin Ending June 30 new text end | ||||||
new text begin 2024 new text end | new text begin 2025 new text end |
Sec. 2.new text begin SUPREME COURT new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 5,663,000 new text end |
new text begin (a) Safe and Secure Courthouse Initiative new text end |
new text begin $500,000 the second year is for a competitive grant program for courthouse safety and security improvements. Grants may be awarded to governmental entities to fund courthouse security assessments, equipment, technology, construction, or training needs. Grant recipients must provide a 50 percent nonstate match. This is a onetime appropriation. new text end
new text begin (b) Court Cyber Security new text end |
new text begin $5,163,000 the second year is for the judicial branch cyber security program. This is a onetime appropriation and is available until June 30, 2027. new text end
Sec. 3.new text begin DISTRICT COURTS new text end |
new text begin $ new text end | new text begin 6,652,000 new text end | new text begin $ new text end | new text begin 23,685,000 new text end |
new text begin (a) Psychological Services new text end |
new text begin $5,317,000 the first year and $15,951,000 the second year are for the psychological and psychiatric examiner services program, which delivers statutorily mandated psychological examinations for civil commitment, criminal competency, and criminal responsibility evaluations. The appropriation in the second year is onetime and is available until June 30, 2027. new text end
new text begin (b) Forensic Examiner Rate Increase new text end
new text begin $1,070,000 the second year is to raise forensic examiner payment rates. new text end
new text begin (c) Court Interpreters new text end |
new text begin $1,290,000 the first year and $3,870,000 the second year are for court interpreters. The appropriation in the second year is onetime and is available until June 30, 2027. new text end
new text begin (d) Court Interpreter Rate Increase new text end
new text begin $235,000 the second year is to raise payment rates for certified court interpreters. new text end
new text begin (e) Court Interpreter Paid Travel Time new text end
new text begin $170,000 the second year is to reimburse certified court interpreters for travel time. new text end
new text begin (f) Increased Cost of Jury Programs new text end |
new text begin $20,000 the first year and $2,364,000 the second year are for increased costs of jury programs. The appropriation in the second year is onetime and is available until June 30, 2027. new text end
new text begin (g) Trauma Services for Jurors new text end
new text begin $25,000 each year is to provide vicarious trauma services for jurors. new text end
Sec. 4.new text begin PUBLIC SAFETY new text end |
new text begin Subdivision 1. new text endnew text begin Total Appropriation new text end |
new text begin $ new text end | new text begin 7,000,000 new text end | new text begin $ new text end | new text begin 9,850,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin 2024 new text end | new text begin 2025 new text end | |
new text begin General new text end | new text begin 0 new text end | new text begin 9,850,000 new text end |
new text begin 911 Fund new text end | new text begin 7,000,000 new text end | new text begin 0 new text end |
new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end
new text begin Subd. 2. new text endnew text begin Public Safety Administration new text end |
new text begin -0- new text end | new text begin 50,000 new text end |
new text begin Task Force on Domestic Violence and Firearms new text end
new text begin $50,000 the second year is to provide administrative support including meeting space and administrative assistance, or to hire or contract with another party to provide any portion of that support, for the Task Force on Domestic Violence and Firearms. This is a onetime appropriation. new text end
new text begin Subd. 3. new text endnew text begin Driver and Vehicle Services new text end |
new text begin -0- new text end | new text begin 133,000 new text end |
new text begin Motor Vehicle Registration Compliance Working Group new text end
new text begin $133,000 the second year is for administrative support for the Motor Vehicle Registration Compliance Working Group. This is a onetime appropriation. new text end
new text begin Subd. 4. new text endnew text begin Office of Justice Programs new text end |
new text begin -0- new text end | new text begin 9,667,000 new text end |
new text begin (a) Direct Assistance to Crime Victim Survivors new text end
new text begin $9,467,000 the second year is to provide grants to organizations that received a grant from the crime victim services unit in fiscal year 2024. Grants must be used for direct services and advocacy for victims of sexual assault, general crime, domestic violence, and child abuse. Funding must support the direct needs of organizations serving victims of crime by providing: direct client assistance to crime victims; competitive wages for direct service staff; hotel stays and other housing-related supports and services; culturally responsive programming; prevention programming, including domestic abuse transformation and restorative justice programming; and for other needs of organizations and crime victim survivors. Services funded must include services for victims of crime in underserved communities most impacted by violence and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. Up to five percent of the appropriation is available for grant administration. This appropriation is onetime and is in addition to any amount previously appropriated for this purpose. new text end
new text begin (b) Preventing Violence Against Latina Women Report new text end
new text begin $50,000 the second year is for a grant to Esperanza United to complete a report on preventing violence against Latina women and queer Latines. This is a onetime appropriation. new text end
new text begin (c) Law Enforcement and Fire Department Therapy Dog Grant Program new text end
new text begin $100,000 the second year is to issue grants to law enforcement agencies and fire departments to acquire, train, and maintain therapy dogs to aid in treating peace officers and firefighters suffering from job-related trauma and post-traumatic stress disorder and to assist in responding to calls involving persons in crisis. Eligible law enforcement agencies and fire departments may receive grants of up to $10,000. Interested law enforcement agencies and fire departments must submit an application to the commissioner on a form prepared by the commissioner. The commissioner must give preference to applicants that demonstrate that the agency's peace officers or department's firefighters suffer a high rate of job-related trauma or post-traumatic stress disorder or are exposed regularly to high-stress incidents that are known to cause job-related trauma or post-traumatic stress disorder. This is a onetime appropriation. new text end
new text begin Each grant recipient must report to the commissioner and the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety policy and finance on how the grant was expended. The report must include an overview of the grant recipient's budget, a detailed explanation of how grant funds were expended, the number of dogs trained with grant funds, the number of peace officers or firefighters served by dogs trained with grant funds, and a list and explanation of the benefits received by peace officers or firefighters who were served by dogs trained with grant funds. An initial report is due by January 15, 2025, and a final report is due by January 15, 2026. new text end
new text begin (d) Mediation and Restorative Justice Grants new text end
new text begin $50,000 the second year is for a grant to a nonprofit organization that provides mediation and dispute resolution services in the Hmong community to provide mediation and restorative justice services. This is a onetime appropriation. new text end
new text begin Subd. 5. new text endnew text begin Emergency Communication Networks new text end |
new text begin 7,000,000 new text end | new text begin -0- new text end |
new text begin Digital Geographic Information System Mapping For School Facilities new text end |
new text begin $7,000,000 the first year from the state government special revenue fund for 911 emergency telecommunications services is to issue grants to the regional emergency communications boards as defined by Minnesota Statutes, section 403.392, for digital geographic information system mapping for school facilities. This is a onetime appropriation and is available until June 30, 2026. new text end
Sec. 5.new text begin CORRECTIONS new text end |
new text begin $ new text end | new text begin 5,900,000 new text end | new text begin $ new text end | new text begin 2,000,000 new text end |
new text begin Operating Deficiency new text end
new text begin $5,900,000 the first year and $2,000,000 the second year are for the operation of correctional facilities. The base for this appropriation is $7,110,000 beginning in fiscal year 2026. new text end
Sec. 6.new text begin CLEMENCY REVIEW COMMISSION new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 986,000 new text end |
new text begin $986,000 the second year is for the Clemency Review Commission in Minnesota Statutes, section 638.09. Of this amount, $200,000 is for grants to support outreach and clemency application assistance. new text end
Sec. 7.new text begin MINNESOTA MANAGEMENT AND BUDGET new text end |
new text begin $ new text end | new text begin -0- new text end | new text begin $ new text end | new text begin 150,000 new text end |
new text begin $150,000 the second year is for the Office of Addiction and Recovery to provide support staff, office and meeting space, and administrative services for the Task Force on Holistic and Effective Responses to Illicit Drug Use. This is a onetime appropriation. new text end
new text begin (a) If the balance in the disaster assistance contingency account under section 12.221 at the end of a biennium is less than $50,000,000, the commissioner of management and budget must make transfers according to this section. new text end
new text begin (b) If the final general fund closing balance for a biennium exceeds the closing balance projected for that biennium at the end of the previous regular legislative session by at least $50,000,000, the commissioner of management and budget must transfer the difference between $50,000,000 and the balance in the disaster assistance contingency account at the end of the biennium from the general fund to the disaster assistance contingency account. new text end
new text begin (c) If the final general fund closing balance for a biennium exceeds the closing balance projected for that biennium at the end of the previous legislative session by less than $50,000,000, the commissioner of management and budget must transfer the difference between $50,000,000 and the balance in the disaster assistance contingency account at the end of the biennium from the general fund to the disaster assistance contingency account. The amount transferred under this paragraph shall not exceed the difference between the final closing balance for the previous biennium and the closing balance projected for the general fund at the end of the previous regular legislative session. new text end
new text begin (d) For the purposes of this section, the term "regular legislative session" includes a special legislative session to enact the biennial budget. new text end
new text begin (e) If a transfer is required under this section, the transfer must be completed before October 15 following the end of the previous biennium. new text end
new text begin This section is effective the day following final enactment. new text end
Subd. 3.Civil Legal Services |
33,560,000 | 33,560,000 |
The general fund base is deleted text begin $34,167,000deleted text end new text begin $0new text end beginning in fiscal year 2026.
Legal Services to Low-Income Clients in Family Law Matters
$1,017,000 each year is to improve the access of low-income clients to legal representation in family law matters. This appropriation must be distributed under Minnesota Statutes, section 480.242, to the qualified legal services program described in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any unencumbered balance remaining in the first year does not cancel and is available in the second year.
Subd. 5.Fire Marshal |
17,013,000 | 17,272,000 |
Appropriations by Fund | ||
General | 4,184,000 | 4,190,000 |
Special Revenue | 12,829,000 | 13,082,000 |
The special revenue fund appropriation is from the fire safety account in the special revenue fund and is for activities under Minnesota Statutes, section 299F.012. The base appropriation for this account is $13,182,000 in fiscal year 2026 and $13,082,000 in fiscal year 2027.
(a) Hazardous Materials and Emergency Response Teams
$1,695,000 the first year and $1,595,000 the second year are from the fire safety account for hazardous materials and emergency response teams. The base for these purposes is $1,695,000 in the first year of future biennia and $1,595,000 in the second year of future biennia.
(b) Bomb Squad Reimbursements
$250,000 from the fire safety account and $50,000 from the general fund each year are for reimbursements to local governments for bomb squad services.
(c) Nonresponsible Party Reimbursements
$750,000 each year from the fire safety account is for nonresponsible party hazardous materialnew text begin , Urban Search and Rescue, Minnesota Air Rescue Team,new text end and bomb squad incident reimbursements. Money appropriated for this purpose is available for one year.
(d) Hometown Heroes Assistance Program
$4,000,000 each year from the general fund is for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance program established in Minnesota Statutes, section 299A.477.
new text begin This section is effective the day following final enactment. new text end
Subd. 8.Office of Justice Programs |
94,758,000 | 80,434,000 |
Appropriations by Fund | ||
General | 94,662,000 | 80,338,000 |
State Government Special Revenue | 96,000 | 96,000 |
(a) Domestic and Sexual Violence Housing
$1,500,000 each year is to establish a Domestic Violence Housing First grant program to provide resources for survivors of violence to access safe and stable housing and for staff to provide mobile advocacy and expertise in housing resources in their community and a Minnesota Domestic and Sexual Violence Transitional Housing program to develop and support medium to long term transitional housing for survivors of domestic and sexual violence with supportive services. The base for this appropriation is $1,000,000 beginning in fiscal year 2026.
(b) Federal Victims of Crime Funding Gap
$11,000,000 each year is to fund services for victims of domestic violence, sexual assault, child abuse, and other crimes. This is a onetime appropriation.
(c) Office for Missing and Murdered Black Women and Girls
$1,248,000 each year is to establish and maintain the Minnesota Office for Missing and Murdered Black Women and Girls.
(d) Increased Staffing
$667,000 the first year and $1,334,000 the second year are to increase staffing in the Office of Justice Programs for grant monitoring and compliance; provide training and technical assistance to grantees and potential grantees; conduct community outreach and engagement to improve the experiences and outcomes of applicants, grant recipients, and crime victims throughout Minnesota; expand the Minnesota Statistical Analysis Center; and increase staffing for the crime victim reimbursement program and the Crime Victim Justice Unit.
(e) Office of Restorative Practices
$500,000 each year is to establish and maintain the Office of Restorative Practices.
(f) Crossover and Dual-Status Youth Model Grants
$1,000,000 each year is to provide grants to local units of government to initiate or expand crossover youth practices model and dual-status youth programs that provide services for youth who are involved with or at risk of becoming involved with both the child welfare and juvenile justice systems, in accordance with the Robert F. Kennedy National Resource Center for Juvenile Justice model. This is a onetime appropriation.
(g) Restorative Practices Initiatives Grants
$4,000,000 each year is for grants to establish and support restorative practices initiatives pursuant to Minnesota Statutes, section 299A.95, subdivision 6. The base for this appropriation is $2,500,000 beginning in fiscal year 2026.
(h) Ramsey County Youth Treatment Homes Acquisition and Betterment
$5,000,000 the first year is for a grant to Ramsey County to establish, with input from community stakeholders, including impacted youth and families, up to seven intensive trauma-informed therapeutic treatment homes in Ramsey County that are licensed by the Department of Human Services, that are culturally specific, that are community-based, and that can be secured. These residential spaces must provide intensive treatment and intentional healing for youth as ordered by the court as part of the disposition of a case in juvenile court.new text begin This appropriation is available through June 30, 2026.new text end
(i) Ramsey County Violence Prevention
$5,000,000 the first year is for a grant to Ramsey County to award grants to develop new and further enhance existing community-based organizational support through violence prevention and community wellness grants. Grantees must use the money to create family support groups and resources to support families during the time a young person is placed out of home following a juvenile delinquency adjudication and support the family through the period of postplacement reentry; create community-based respite options for conflict or crisis de-escalation to prevent incarceration or further systems involvement for families; or establish additional meaningful employment opportunities for systems-involved youth. This appropriation is available through June 30, 2027.
(j) Office for Missing and Murdered Indigenous Relatives
$274,000 each year is for increased staff and operating costs of the Office for Missing and Murdered Indigenous Relatives, the Missing and Murdered Indigenous Relatives Advisory Board, and the Gaagige-Mikwendaagoziwag reward advisory group.
(k) Youth Intervention Programs
$3,525,000 the first year and $3,526,000 the second year are for youth intervention programs under Minnesota Statutes, section 299A.73. The base for this appropriation is $3,526,000 in fiscal year 2026 and $3,525,000 in fiscal year 2027.
(l) Community Crime Intervention and Prevention Grants
$750,000 each year is for community crime intervention and prevention program grants, authorized under Minnesota Statutes, section 299A.296. This is a onetime appropriation.
(m) Resources for Victims of Crime
$1,000,000 each year is for general crime victim grants to meet the needs of victims of crime not covered by domestic violence, sexual assault, or child abuse services. This is a onetime appropriation.
(n) Prosecutor Training
$100,000 each year is for a grant to the Minnesota County Attorneys Association to be used for prosecutorial and law enforcement training, including trial school training and train-the-trainer courses. All training funded with grant proceeds must contain blocks of instruction on racial disparities in the criminal justice system, collateral consequences to criminal convictions, and trauma-informed responses to victims. This is a onetime appropriation.
The Minnesota County Attorneys Association must report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on the training provided with grant proceeds, including a description of each training and the number of prosecutors and law enforcement officers who received training. The report is due by February 15, 2025. The report may include trainings scheduled to be completed after the date of submission with an estimate of expected participants.
(o) Minnesota Heals
$500,000 each year is for the Minnesota Heals grant program. This is a onetime appropriation.
(p) Sexual Assault Exam Costs
$3,967,000 the first year and $3,767,000 the second year are to reimburse qualified health care providers for the expenses associated with medical examinations administered to victims of criminal sexual conduct as required under Minnesota Statutes, section 609.35, and for costs to administer the program. The base for this appropriation is $3,771,000 in fiscal year 2026 and $3,776,000 in fiscal year 2027.
(q) First Responder Mental Health Curriculum
$75,000 each year is for a grant to the Adler graduate school. The grantee must use the grant to develop a curriculum for a 24-week certificate to train licensed therapists to understand the nuances, culture, and stressors of the work environments of first responders to allow those therapists to provide effective treatment to first responders in distress. The grantee must collaborate with first responders who are familiar with the psychological, cultural, and professional issues of their field to develop the curriculum and promote it upon completion.
The grantee may provide the program online.
The grantee must seek to recruit additional participants from outside the 11-county metropolitan area.
The grantee must create a resource directory to provide law enforcement agencies with names of counselors who complete the program and other resources to support law enforcement professionals with overall wellness. The grantee shall collaborate with the Department of Public Safety and law enforcement organizations to promote the directory. This is a onetime appropriation.
(r) Pathways to Policing
$400,000 each year is for reimbursement grants to state and local law enforcement agencies that operate pathway to policing programs. Applicants for reimbursement grants may receive up to 50 percent of the cost of compensating and training program participants. Reimbursement grants shall be proportionally allocated based on the number of grant applications approved by the commissioner. This is a onetime appropriation.
(s) Direct Assistance to Crime Victim Survivors
$5,000,000 each year is to provide grants for direct services and advocacy for victims of sexual assault, general crime, domestic violence, and child abuse. Funding must support the direct needs of organizations serving victims of crime by providing: direct client assistance to crime victims; competitive wages for direct service staff; hotel stays and other housing-related supports and services; culturally responsive programming; prevention programming, including domestic abuse transformation and restorative justice programming; and for other needs of organizations and crime victim survivors. Services funded must include services for victims of crime in underserved communities most impacted by violence and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. The office shall prioritize culturally specific programs, or organizations led and staffed by persons of color that primarily serve communities of color, when allocating funds.
(t) Racially Diverse Youth
$250,000 each year is for grants to organizations to address racial disparity of youth using shelter services in the Rochester and St. Cloud regional areas. Of this amount, $125,000 each year is to address this issue in the Rochester area and $125,000 each year is to address this issue in the St. Cloud area. A grant recipient shall establish and operate a pilot program connected to shelter services to engage in community intervention outreach, mobile case management, family reunification, aftercare, and follow up when family members are released from shelter services. A pilot program must specifically address the high number of racially diverse youth that enter shelters in the regions. This is a onetime appropriation.
(u) Violence Prevention Project Research Center
$500,000 each year is for a grant to the Violence Prevention Project Research Center, operating as a 501(c)(3) organization, for research focused on reducing violence in society that uses data and analysis to improve criminal justice-related policy and practice in Minnesota. Research must place an emphasis on issues related to deaths and injuries involving firearms. This is a onetime appropriation.
Beginning January 15, 2025, the Violence Prevention Project Research Center must submit an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on its work and findings. The report must include a description of the data reviewed, an analysis of that data, and recommendations to improve criminal justice-related policy and practice in Minnesota with specific recommendations to address deaths and injuries involving firearms.
(v) Report on Approaches to Address Illicit Drug Use in Minnesota
$118,000 each year is to enter into an agreement with Rise Research LLC for a study and set of reports on illicit drug use in Minnesota describing current responses to that use, reviewing alternative approaches utilized in other jurisdictions, and making policy and funding recommendations for a holistic and effective response to illicit drug use and the illicit drug trade. The agreement must establish a budget and schedule with clear deliverables. This appropriation is onetime.
The study must include a review of current policies, practices, and funding; identification of alternative approaches utilized effectively in other jurisdictions; and policy and funding recommendations for a response to illicit drug use and the illicit drug trade that reduces and, where possible, prevents harm and expands individual and community health, safety, and autonomy. Recommendations must consider impacts on public safety, racial equity, accessibility of health and ancillary supportive social services, and the intersections between drug policy and mental health, housing and homelessness, overdose and infectious disease, child welfare, and employment.
Rise Research may subcontract and coordinate with other organizations or individuals to conduct research, provide analysis, and prepare the reports required by this section.
Rise Research shall submit reports to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy, human services finance and policy, health finance and policy, and judiciary finance and policy. Rise Research shall submit an initial report by February 15, 2024, and a final report by March 1, 2025.
(w) Legal Representation for Children
$150,000 each year is for a grant to an organization that provides legal representation for children in need of protection or services and children in out-of-home placement. The grant is contingent upon a match in an equal amount from nonstate funds. The match may be in kind, including the value of volunteer attorney time, in cash, or a combination of the two. These appropriations are in addition to any other appropriations for the legal representation of children. This appropriation is onetime.
(x) Pretrial Release Study and Report
$250,000 each year are for a grant to the Minnesota Justice Research Center to study and report on pretrial release practices in Minnesota and other jurisdictions, including but not limited to the use of bail as a condition of pretrial release. This appropriation is onetime.
(y) Intensive Comprehensive Peace Officer Education and Training Program
$5,000,000 the first year is to implement the intensive comprehensive peace officer education and training program described in Minnesota Statutes, section 626.8516. This appropriation is available through June 30, 2027.
(z) Youth Services Office
$250,000 each year is to operate the Youth Services Office.
Subdivision 1.Total Appropriation |
$ | 12,643,000 | $ | 797,937,000 | $ |
deleted text begin
826,661,000
deleted text end
new text begin 825,675,000 new text end |
The amounts that may be spent for each purpose are specified in the following subdivisions.
Subd. 4.Organizational, Regulatory, and Administrative Services |
73,586,000 |
deleted text begin
74,287,000
deleted text end
new text begin 73,301,000 new text end |
(a) Public Safety Data Infrastructure
$22,914,000 the first year and $22,915,000 the second year are for technology modernization and the development of an information-sharing and data-technology infrastructure. The base for this purpose is $4,097,000 beginning in fiscal year 2026. Any unspent funds from the current biennium do not cancel and are available in the next biennium.
(b) Supervised Release Board
$40,000 each year is to establish and operate the supervised release board pursuant to Minnesota Statutes, section 244.049.
(c) Recruitment and Retention
$3,200,000 the first year and $400,000 the second year are for recruitment and retention initiatives. Of this amount, $2,800,000 the first year is for staff recruitment, professional development, conflict resolution, and staff wellness, and to contract with community collaborative partners who specialize in trauma recovery.
(d) Clemency Review Commission
$986,000 deleted text begin each yeardeleted text end new text begin the first yearnew text end is for the clemency review commission described in Minnesota Statutes, section 638.09. Of this amount, $200,000 each year is for grants to support outreach and clemency application assistance.new text begin Any unencumbered balance remaining in the first year does not cancel, but must be transferred to the Clemency Review Commission by July 30, 2024. Funds transferred under this paragraph are available until June 30, 2025.new text end
(e) Accountability and Transparency
$1,000,000 each year is for accountability and transparency initiatives. The base for this appropriation is $1,480,000 beginning in fiscal year 2026.
(f) Organizational, Regulatory, and Administrative Services Base Budget
The base for organizational, regulatory, and administrative services is deleted text begin $55,849,000deleted text end new text begin $54,863,000new text end in fiscal year 2026 and deleted text begin $55,649,000deleted text end new text begin $54,663,000new text end in fiscal year 2027.
new text begin If the general fund final closing balance for the fiscal year ending June 30, 2024, exceeds the projected ending balance for the fiscal year ending June 30, 2024, made at the end of the 2024 legislative session, the commissioner of management and budget shall transfer an amount equal to the lesser of (1) the difference between the general fund final closing balance and the projected ending balance for the fiscal year ending June 30, 2024, or (2) the difference between $50,000,000 and the balance in the disaster assistance contingency account on June 30, 2024, from the general fund to the disaster assistance contingency account created in Minnesota Statutes, section 12.221, subdivision 6. The amount transferred shall not result in a balance in the disaster assistance contingency account of more than $50,000,000. This is a onetime transfer to be completed by October 15, 2024. new text end
new text begin The general fund appropriation base for the State Board of Civil Legal Aid is $34,167,000 beginning in fiscal year 2026 for staffing and other costs needed to establish and perform the duties of the State Board of Civil Legal Aid. new text end
new text begin (a) The commissioner of public safety shall provide a grant to Esperanza United to develop a report that provides preliminary research and recommendations to reduce, prevent, and end violence against Latina women and girls, including queer Latines, in Minnesota. The Department of Public Safety shall provide support and technical assistance to Esperanza United as requested. new text end
new text begin (b) The report may include recommended strategies to disrupt the pathways toward gender-based violence and help prevent violence before it occurs, such as outreach and communication, public engagement, and public campaigns to address and educate local communities about self confidence, leadership skills, family support, and healthy relationships. The report may identify: new text end
new text begin (1) ways to effectively connect programs and services provided by state agencies, counties, and nongovernmental organizations to improve services to victims and survivors, and their families and communities; new text end
new text begin (2) systemic causes behind violence impacting Latina women and girls, including queer Latines, and patterns and underlying factors explaining disproportionality, including underlying historical, social, economic, religious, institutional, immigration, and cultural factors that may contribute to the violence; new text end
new text begin (3) appropriate methods for tracking and collecting data on violence against Latinas and queer Latines, including data and research on prevention methods; new text end
new text begin (4) policies and institutional practices in education, labor, child welfare, coroner practices, policing, health care, civil and criminal legal systems, and other practices impacting victims; new text end
new text begin (5) measures necessary to address and reduce violence, including public awareness, research, community awareness campaigns, youth education, and family support practices; and new text end
new text begin (6) measures to help victims and survivors, and their families and communities, prevent and heal from violence, including recommendations to expand existing programs; identify new strategies that educate young people in effective communication, training in self confidence, leadership skills, and healthy relationships; and general innovative strategies that strengthen relationships with families and networks of support. new text end
new text begin (c) The report shall be submitted to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety by January 1, 2025. new text end
new text begin Of the amount appropriated for fiscal year 2026 from the community crime and violence prevention account in the special revenue fund to the commissioner of public safety for grants to community crime intervention and prevention programs, $500,000 must be distributed as provided in this section. The commissioner of public safety shall issue grants to Anoka County, Hennepin County, and Ramsey County for the purposes described in subdivision 2. Of the total amount appropriated for this purpose, 20 percent is for a grant to Anoka County, 40 percent is for a grant to Hennepin County, and 40 percent is for a grant to Ramsey County. new text end
new text begin (a) A county that receives a grant pursuant to subdivision 1 must use the money received to issue subgrants to community organizations or community-rooted programs to provide intervention and support services for youth who come into contact with peace officers and are suspected to have committed a juvenile petty offense or delinquent act. A subgrantee must disclose to the county the number of cases and the types of offenses they are able to accept. A subgrantee may also use a subgrant to provide stipends or salaries to employ eligible youth. A county may retain up to five percent of the amount received for administrative costs. new text end
new text begin (b) To qualify for a subgrant under this section, a program must provide services that: new text end
new text begin (1) were in operation before July 1, 2024; new text end
new text begin (2) may be used as an alternative to arrest pursuant to Minnesota Statutes, section 260B.1755; new text end
new text begin (3) promote personal accountability, prosocial connections, and positive youth development; new text end
new text begin (4) include wraparound services to educate and support families of participating youth; and new text end
new text begin (5) utilize data-supported practices. new text end
new text begin (c) Eligible programs may utilize restorative practices or qualify as a pretrial diversion program for juveniles pursuant to Minnesota Statutes, section 388.24. new text end
new text begin (d) In issuing subgrants, counties must prioritize programs that incorporate employment or jobs skills training and programs that collaborate with local law enforcement agencies and accept referrals for intervention from local law enforcement agencies. new text end
new text begin Any portion of a grant issued to a county pursuant to subdivision 1 that is unspent or unencumbered on July 1, 2026, must be returned to the commissioner of public safety. Any money returned to the commissioner pursuant to this subdivision must be treated as a canceled appropriation and deposited in the general fund. new text end
new text begin By September 30, 2026, the counties receiving grants under this section must report to the commissioner of public safety on the programs that received subgrants. At a minimum, the report must include: new text end
new text begin (1) the recipients of any subgrants; new text end
new text begin (2) the programs and services provided by each recipient; new text end
new text begin (3) the number of youth served by each recipient and the respective referring agency, if applicable; new text end
new text begin (4) aggregated demographic data regarding youth participating in programs provided by each recipient; new text end
new text begin (5) if applicable, the number and percentage of youth who successfully completed a program or were still participating in a program at the time of the report; and new text end
new text begin (6) the total number of unique youth referrals, and additional referrals for youth for new delinquent offenses after youth began participating in a program or receiving services. new text end
new text begin (a) The commissioner of public safety shall issue grants to regional emergency communications boards to map school facilities. new text end
new text begin (b) If awarded a grant, a regional emergency communications board must use the grant funds exclusively to create digital geographic information system mapping data of facilities managed by a school district; a charter school; an intermediate school district or cooperative unit under Minnesota Statutes, section 123A.24, subdivision 2; the Perpich Center for Arts Education; the Minnesota State Academies; private schools; or a Tribal contract school that serves children in early childhood or prekindergarten programs or students enrolled in kindergarten through grade 12 within the regional emergency communications board's jurisdiction. new text end
new text begin (c) The data created pursuant to paragraph (b) must be: new text end
new text begin (1) compatible with software platforms used by local, state, and federal public safety agencies that provide emergency services to the specific school for which the data are provided without requiring the agencies to purchase additional software or requiring a fee to view or access the data; new text end
new text begin (2) compatible with security software platforms in use by the specific school for which the data are provided without requiring the local law enforcement agencies or school districts to purchase additional software or requiring a fee to view or access the data; new text end
new text begin (3) verified for accuracy following a physical walkthrough; and new text end
new text begin (4) perpetually available to schools and law enforcement agencies mapped pursuant to a grant and the Department of Public Safety. new text end
new text begin (d) The statewide emergency communications board may implement further requirements at the board's discretion. new text end
new text begin (e) At the conclusion of work completed pursuant to a grant under this section, the regional emergency communications board must deliver a copy of the data created, collected, or maintained under this section to the school that manages the facility that was mapped without payment, and in a manner that the school may use and access the data without limitation. The data must be provided in a form that permits the school to share the data with a law enforcement agency. new text end
new text begin (f) Regional emergency communications boards and schools must report any breach of the security of the data as defined in Minnesota Statutes, section 13.055, subdivision 1, paragraph (a), to the superintendent of the Bureau of Criminal Apprehension. new text end
new text begin (g) Each regional emergency communications board that receives a grant must complete the mapping project and report completion to the commissioner on or before July 1, 2026. Upon request, the commissioner may grant a reasonable extension of time to the requesting regional emergency communications board to complete the project. new text end
new text begin (h) Regional emergency communications boards shall work collaboratively with schools and public safety agencies to include local law enforcement agencies, fire departments, EMS, and emergency 911 services during the procurement process. new text end
new text begin (i) Subject to the requirements in paragraph (e), regional emergency communications boards shall have exclusive ownership and control over any data created or collected pursuant to this section. new text end
new text begin (j) Any data created under this section are classified as nonpublic data as defined in Minnesota Statutes, section 13.02, subdivision 9. new text end
(a) This subdivision applies to parole decisions relating to inmates convicted of first-degree murder who are described in subdivision 1, clauses (a) and (b). As used in this subdivision, "victim" deleted text begin means the murder victim's surviving spouse or next of kindeleted text end new text begin has the meaning given in section 611A.01, paragraph (b)new text end .
(b) The commissioner shall make reasonable efforts to notify the victim, in advance, of the time and place of the inmate's parole review hearing. The victim has a right to submit an oral or written statement at the review hearing. The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the inmate should be paroled at that time. The commissioner must consider the victim's statement when making the parole decision.
new text begin This section is effective the day following final enactment. new text end
(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 predatory offenders are confined. The committees shall assess on a case-by-case basis the public risk posed by 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 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 13.384 or sections 144.291 to 144.298, 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 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 items (ii), (iii), and (iv), at least 90 days before a 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 agencynew text begin , agent, and victimnew text end 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.
(iii) If the offender is subject to a mandatory life sentence under section 609.3455, subdivision 3 or 4, the commissioner of corrections shall convene the appropriate end-of-confinement review committee at least nine months before the offender's minimum term of imprisonment has been served. If the offender is received for confinement in a facility with less than nine months remaining before the offender's minimum term of imprisonment has been served, the committee shall conform its procedures to those outlined in item (ii) to the extent practicable.
(iv) If the offender is granted supervised release, the commissioner of corrections shall notify the appropriate end-of-confinement review committee that it needs to review the offender's previously determined risk level at its next regularly scheduled meeting. The commissioner shall make reasonable efforts to ensure that the offender's earlier risk level determination is reviewed and the risk level is confirmed or reassigned at least 60 days before the offender's release date. The committee shall give the report to the offender and to the law enforcement agencynew text begin , and the commissioner shall provide notice of the risk level assignment to the victim, if requested,new text end at least 60 days before an offender is released from confinement.
(e) The committee shall assign to risk level I a 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 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. Except for an offender subject to a mandatory life sentence under section 609.3455, subdivision 3 or 4, who has not been granted supervised release, the committee shall give the report to the offender and to the law enforcement agencynew text begin , and the commissioner shall provide notice of the risk level assignment to the victim, if requested,new text end at least 60 days before an offender is released from confinement. If the offender is subject to a mandatory life sentence and has not yet served the entire minimum term of imprisonment, the committee shall give the report to the offender and to the commissioner at least six months before the offender is first eligible for release. 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 by the law enforcement agency must occur within 30 days of receipt of the report indicating the offender's risk level assignment. The offender's corrections agent, in consultation with the chief law enforcement officer in the area where the offender resides or intends to reside, may request a review of a risk level at any time if substantial evidence exists that the offender's risk level should be reviewed by an end-of-confinement review committee. This evidence includes, but is not limited to, evidence of treatment failures or completions, evidence of exceptional crime-free community adjustment or lack of appropriate adjustment, evidence of substantial community need to know more about the offender or mitigating circumstances that would narrow the proposed scope of notification, or other practical situations articulated and based in evidence of the offender's behavior while under supervision. 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 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. In order for a request for a risk level reduction to be granted, the offender must demonstrate full compliance with supervised release conditions, completion of required post-release treatment programming, and full compliance with all registration requirements as detailed in section 243.166. The offender must also not have been convicted of any felony, gross misdemeanor, or misdemeanor offenses subsequent to the assignment of the original risk level. The committee shall follow the process outlined in paragraphs (a) to (c) in the reassessment. An offender who is incarcerated may not request a reassessment under this paragraph.
(j) Offenders returned to prison as release violators shall not have a right to a subsequent risk reassessment by the end-of-confinement review committee unless substantial evidence indicates that the offender's risk to the public has increased.
(k) If the committee assigns a 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.
(a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime the behavior for which forms the basis for a commitment under this section or chapter 253Dnew text begin , and includes the family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated, or deceased personnew text end ; and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or chapter 253D that an act or acts constituting a crime occurred or were part of their course of harmful sexual conduct.
(b) A county attorney who files a petition to commit a person under this section or chapter 253D shall make a reasonable effort to provide prompt notice of filing the petition to any victim of a crime for which the person was convicted. In addition, the county attorney shall make a reasonable effort to promptly notify the victim of the resolution of the petition and the process for requesting notification of an individual's change in status as provided in paragraph (c).
(c) A victim may request notification of an individual's discharge or release as provided in paragraph (d) by submitting a written request for notification to the executive director of the facility in which the individual is confined. The Department of Corrections or a county attorney who receives a request for notification from a victim under this section shall promptly forward the request to the executive director of the treatment facility in which the individual is confined.
(d) Before provisionally discharging, discharging, granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily releasing a person committed under this section from a state-operated treatment program or treatment facility, the head of the state-operated treatment program or head of the treatment facility shall make a reasonable effort to notify any victim of a crime for which the person was convicted that the person may be discharged or released and that the victim has a right to submit a written statement regarding decisions of the medical director of the secure treatment facility, special review board, or executive board with respect to the person. To the extent possible, the notice must be provided at least 14 days before any special review board hearing or before a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the executive board shall provide the judicial appeal panel with victim information in order to comply with the provisions of this section. The judicial appeal panel shall ensure that the data on victims remains private as provided for in section 611A.06, subdivision 4. These notices shall only be provided to victims who have submitted a written request for notification as provided in paragraph (c).
(e) The rights under this subdivision are in addition to rights available to a victim under chapter 611A. This provision does not give a victim all the rights of a "notified person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.
new text begin This section is effective the day following final enactment. new text end
As used in this section:
(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes criminal sexual conduct in the fifth degree and offenses within the definition of "crime against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually motivated;
(2) "victim" means a person who has incurred loss or harm as a result of a crime, the behavior for which forms the basis for a commitment under this chapternew text begin , and includes the family members, guardian, conservator, or custodian of a minor, incompetent, incapacitated, or deceased personnew text end ; and
(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision 5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved, and findings in commitment cases under this section or section 253B.18, that an act or acts constituting a crime occurred.
new text begin This section is effective the day following final enactment. new text end
(a) Costs incurred by a hospital or other emergency medical facility or by a physician, sexual assault nurse examiner, forensic nurse, or other licensed health care provider for the examination of a victim of criminal sexual conduct that occurred in the state shall be paid by the state. These costs include, but are not limited to, the cost of the medical forensic examination, associated tests and treatments relating to sexually transmitted infection, and pregnancy status, including emergency contraception. A hospital, emergency medical facility, or health care provider shall submit the costs for examination and any associated tests and treatment to the Office of Justice Programs for payment. Upon receipt of the costs, the commissioner shall provide payment to the facility or health care provider. Reimbursement for an examination and any associated test and treatments shall not exceed $1,400. Beginning on January 1, 2024, the maximum amount of an award shall be adjusted annually by the inflation rate.
(b) Nothing in this section shall be construed to limit the duties, responsibilities, or liabilities of any insurer, whether public or private. The hospital or other licensed health care provider performing the examination may seek insurance reimbursement from the victim's insurer only if authorized by the victim. This authorization may only be sought after the examination is performed. When seeking this authorization, the hospital or other licensed health care provider shall inform the victim that if the victim does not authorize this, the state is required by law to pay for the examination and that the victim is in no way liable for these costs or obligated to authorize the reimbursement.
(c) The applicability of this section does not depend upon whether the victim reports the offense to law enforcement or the existence or status of any investigation or prosecution.
new text begin (d) Requests for reimbursement and supporting documents are private data on individuals as defined in section 13.02, subdivision 12. new text end
new text begin This section is effective the day following final enactment and applies to data requests received before that date if the responsible authority has not yet provided a response. new text end
(a) Except as otherwise provided in subdivision 2, within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts to provide to each affected crime victim oral or written notice of the final disposition of the case and of the victim rights under section 611A.06. When the court is considering modifying the sentence for a felony or a crime of violence or an attempted crime of violence, the prosecutor shall make a reasonable and good faith effort to notify the victim of the crime. deleted text begin If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian.deleted text end The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information; and
(4) a statement that the victim deleted text begin and victim's familydeleted text end may provide input to the court concerning the sentence modification.
(b) The Office of Justice Programs in the Department of Public Safety shall develop and update a model notice of postconviction rights under this subdivision and section 611A.06.
(c) As used in this sectiondeleted text begin ,deleted text end new text begin : new text end
new text begin (1)new text end "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749deleted text begin .deleted text end new text begin ; andnew text end
new text begin (2) "victim" has the meaning given in section 611A.01, paragraph (b). new text end
new text begin This section is effective the day following final enactment. new text end
new text begin If an individual scheduled to be released from imprisonment is subject to an end-of-confinement review under section 244.052, the commissioner of corrections shall make a good faith effort to notify the victim of the end-of-confinement review process and that the victim has a right to submit written input for consideration at the end-of-confinement review hearing. The victim has a continuing right to submit input if the end-of-confinement review committee receives a request to reassess the individual's assigned risk level. These notices shall only be provided to victims who have submitted a written request for this notice to the commissioner of corrections or an electronic request through the Department of Corrections electronic victim notification system. The good faith effort to notify the victim must occur before the offender's end-of-confinement review hearing and provide sufficient time for the input to be considered in the end-of-confinement determination. new text end
The commissioner of public safety shall award grants new text begin for statewide organizations new text end tonew text begin provide subgrants, support, resources, and technical assistance to sexual assaultnew text end programs that provide sexual assault primary prevention services to prevent initial perpetration or victimization of sexual assault.
"Collateral source" means a source of benefits or advantages for economic loss otherwise reimbursable under sections 611A.51 to 611A.68 which the victim or claimant has received, or which is readily available to the victim, from:
(1) the offender;
(2) the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under sections 611A.51 to 611A.68;
(3) Social Security, Medicare, and Medicaid;
(4) state required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for economic loss sustained because of the crime;
(8) a contract providing prepaid hospital and other health care services, or benefits for disability;new text begin ornew text end
deleted text begin (9) any private source as a voluntary donation or gift; or deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract new text begin or benefits from any private source provided as a voluntary donation or giftnew text end .
new text begin This section is effective the day following final enactment. new text end
"Victim" deleted text begin refers to anyone or the next of kin of anyone who has been or purports to have been subjected to a criminal act, whether a felony, a gross misdemeanor, or misdemeanordeleted text end new text begin has the meaning given in section 611A.01, paragraph (b)new text end .
new text begin This section is effective the day following final enactment. new text end
(a) For purposes of this section, the following terms have the meanings given them.
(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.
(c) "Harass" and "stalking" have the meanings given in section 609.749.
(d) "Violation of a domestic abuse no contact order" has the meaning given in section 629.75.
(e) "Violation of an order for protection" has the meaning given in section 518B.01, subdivision 14.
new text begin (f) "Victim" has the meaning in section 611A.01, paragraph (b). new text end
new text begin This section is effective the day following final enactment. new text end
(a) When a person arrested for or a juvenile detained for domestic assault or harassing or stalking is scheduled to be reviewed under subdivision 2 for release from pretrial detention, the court shall make a reasonable good faith effort to notifydeleted text begin :deleted text end
deleted text begin (1)deleted text end the victim of the alleged crimedeleted text begin ;deleted text end new text begin .new text end
deleted text begin (2) if the victim is incapacitated or deceased, the victim's family; and deleted text end
deleted text begin (3) if the victim is a minor, the victim's parent or guardian. deleted text end
(b) The notification must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be contacted for additional information; and
(4) a statement that the victim deleted text begin and the victim's familydeleted text end may attend the review.
new text begin This section is effective the day following final enactment. new text end
(a) When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is scheduled to be reviewed under section 629.715 for release from pretrial detention, the court shall make a reasonable and good faith effort to notify the victim of the alleged crime. deleted text begin If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian.deleted text end The notification must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person that can be contacted for additional information; and
(4) a statement that the victim and the victim's family may attend the review.
(b) As used in this sectiondeleted text begin ,deleted text end new text begin : new text end
new text begin (1)new text end "crime of violence" has the meaning given it in section 624.712, subdivision 5, and also includes:
deleted text begin (1)deleted text end new text begin (i)new text end sections 609.2112, 609.2113, 609.2114, and 609.3458;
deleted text begin (2)deleted text end new text begin (ii)new text end gross misdemeanor violations of section 609.224;
deleted text begin (3)deleted text end new text begin (iii)new text end nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749; and
deleted text begin (4)deleted text end new text begin (iv)new text end Minnesota Statutes 2012, section 609.21deleted text begin .deleted text end new text begin ; andnew text end
new text begin (2) "victim" has the meaning given in section 611A.01, paragraph (b). new text end
new text begin This section is effective the day following final enactment. new text end
When a person arrested or a juvenile detained for a crime of violence or an attempted crime of violence is about to be released from pretrial detention, the agency having custody of the arrested or detained person or its designee shall make a reasonable and good faith effort before release to inform orally the victim deleted text begin or, if the victim is incapacitated, the same or next of kin, or if the victim is a minor, the victim's parent or guardiandeleted text end of the following matters:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested or detained person and, where applicable, the victim's right to be present at the court appearance; and
(4) the location and telephone number of at least one area crime victim service provider as designated by the Office of Justice Programs in the Department of Public Safety.
new text begin This section is effective the day following final enactment. new text end
new text begin As used in this section, "victim" has the meaning given in section 611A.01, paragraph (b). new text end
new text begin This section is effective the day following final enactment. new text end
new text begin A peace officer making a traffic stop for a violation of this chapter or chapter 168 must not ask if the operator can identify the reason for the stop. A peace officer making such a traffic stop must inform the vehicle's operator of a reason for the stop unless it would be unreasonable to do so under the totality of the circumstances. A peace officer's failure to comply with this section must not serve as the basis for exclusion of evidence or dismissal of a charge or citation. Section 645.241 does not apply to violations of this section. new text end
Notwithstanding the provisions of subdivision 1 to the contrary, when the executive director or any member of the Board of Peace Officer Standards and Training produces or receives a written statement or complaint that alleges a violation of a statute or rule that the board is empowered to enforce, the executive director deleted text begin shall designate the appropriate law enforcement agency to investigate the complaint anddeleted text end may order deleted text begin itdeleted text end new text begin an appropriate law enforcement agencynew text end to conduct an inquiry into the complaint's allegations. new text begin If directed to complete an investigation, new text end the investigating agency must complete the inquiry and submit a written summary of it to the executive director within 30 days of the order for inquiry.
new text begin A railroad that intends to employ railroad peace officers as defined in section 626.84, subdivision 1, paragraph (h), shall appoint a chief law enforcement officer to oversee and take responsibility for all railroad peace officers employed by the railroad. The chief law enforcement officer of a railroad company must be a Minnesota-licensed peace officer. Before appointing a railroad chief law enforcement officer, the railroad must submit a request for license for a license-eligible applicant, or a notice of appointment for an officer already licensed in Minnesota, to the Board of Peace Officer Standards and Training attesting that the appointee has met all education, training, and minimum selection standards in Minnesota Rules, chapter 6700. The appointee may not exercise peace officer powers until the request for license or notification form is received and approved by the board. new text end
new text begin After appointing a railroad chief law enforcement officer, a railroad may employ railroad peace officers to aid and supplement law enforcement agencies in the protection of property owned by or in the care, custody, or control of a railroad and to protect the persons and property of railroad passengers and employees. new text end
new text begin A railroad company that employs railroad peace officers must cooperate with the Board of Peace Officer Standards and Training with respect to the board's authority to oversee peace officer licensing. Upon request by the board, a railroad company that employs railroad peace officers must share or produce any public, private, or confidential data that the board has the authority to request from other state and local law enforcement agencies. Failure by the railroad company to comply with the board's exercise of its regulatory and oversight authority may result in implementation of sanctions as described in subdivision 7. new text end
new text begin A railroad chief law enforcement officer has the same duties and responsibilities as the chief law enforcement officer of any state or local law enforcement agency, including but not limited to appointing and supervising peace officers, ensuring ongoing continuing education of peace officers, maintaining agency and peace officer records, reporting misconduct and policy compliance, and any other duty or responsibility described in chapter 626 or Minnesota Rules, chapter 6700. new text end
new text begin (a) Except as otherwise provided by this section, a railroad peace officer has all powers and privileges of a licensed peace officer in this state in connection with the prevention, investigation, arrest, or prosecution of an offense occurring on railroad property and involving injury to passengers or employees of a railroad or involving an offense against property owned by or in the care, custody, or control of a railroad. A railroad peace officer's law enforcement powers shall apply only on railroad property, except that an officer may exercise the authority given to peace officers under section 629.40, subdivisions 2 and 4. If a search warrant is obtained by a railroad peace officer, the officer shall notify the chief of police of an organized full-time police department of the municipality or, if there is no local chief of police, the sheriff or a deputy sheriff of the county in which service of the warrant is to be made, prior to execution. new text end
new text begin (b) A railroad must not direct, require, or allow a railroad peace officer to enforce a railroad's rules, policies, or procedures that are unrelated to the commission of a criminal offense, or investigate any matter involving civil litigation by or against a railroad. A railroad company that employs railroad peace officers must adopt or update any applicable policy to be consistent with this paragraph and must provide a copy of the policy to the representatives of any labor organization that represents employees of the railroad, including but not limited to any labor organization subject to the Federal Railway Labor Act. Notwithstanding any law to the contrary, a railroad peace officer who makes a representation of being a peace officer and performs or attempts to perform any of those acts is subject to discipline as if the peace officer violated the standards of conduct set forth in Minnesota Rules, chapter 6700. new text end
new text begin The Board of Peace Officer Standards and Training shall license railroad peace officers appointed by the railroad's chief law enforcement officer under subdivision 1 who meet the board's standards for peace officer licensure under chapter 626 and Minnesota Rules, chapter 6700. Except as otherwise provided in this section, railroad peace officers are subject to all of the provisions applicable to peace officers under chapter 626 and Minnesota Rules, chapter 6700. new text end
new text begin At the sole discretion of the Board of Peace Officer Standards and Training, the board may immediately suspend or revoke the license of the chief law enforcement officer of a railroad company for any reason within the board's jurisdiction. If the board suspends or revokes the license of the chief law enforcement officer, the railroad's law enforcement agency shall be deemed disbanded and the licenses of all peace officers on the railroad agency roster will be placed in inactive status. The requirement to place a peace officer's license in inactive status does not apply to a railroad peace officer who also works as a licensed peace officer for a different law enforcement agency in Minnesota, but such an officer must no longer be designated a railroad peace officer. Except as noted in this section, the licenses of railroad peace officers are subject to the requirements, restrictions, and disciplinary procedures that apply to any other licensed peace officer. new text end
new text begin (a) A railroad peace officer shall be compensated by the railroad by which the officer is employed. new text end
new text begin (b) A railroad peace officer is not entitled to receive any compensation, benefits, or other remuneration provided or required to be provided to other licensed peace officers by this state or any political subdivision or agency of this state. new text end
new text begin (c) A railroad peace officer may attend any training course offered to peace officers of this state, provided that railroad peace officers pay reasonable tuition and costs. new text end
new text begin A railroad company employing a railroad peace officer in this state is liable for all acts, errors, and omissions of a railroad peace officer occurring in the course and scope of the peace officer's employment by the railroad and shall indemnify its peace officers for civil damages, penalties, or fines claimed or levied against the officer according to section 181.970. Neither this state nor any political subdivision or agency of the state is liable for any act, error, or omission of a railroad peace officer. new text end
new text begin Nothing in this section shall be construed to limit or in any way restrict the rights, powers, or privileges granted to a peace officer in this state who is not a railroad peace officer. new text end
The term "peace officer," as used in sections 626.04 to 626.17, means a person who is licensed as a peace officer in accordance with section 626.84, subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer, agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and Gambling Enforcement, peace officer of the Commerce Fraud Bureau, University of Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive Apprehension Unit member, deleted text begin ordeleted text end State Patrol trooper as authorized by section 299D.03new text begin , or railroad peace officer as authorized by section 219.995 and United States Code, title 49, section 28101new text end .
new text begin A peace officer's perception of the odor of cannabis shall not serve as the sole basis to search a motor vehicle, or to search the driver, passengers, or any of the contents of a motor vehicle. new text end
A chief law enforcement officer must provide the information requested by the Federal Bureau of Investigation about each incident of law enforcement use of force resulting in serious bodily injury or death, as those terms are defined in the Federal Bureau of Investigation's reporting requirements, to the superintendent of the Bureau of Criminal Apprehension. The superintendent shall adopt a reporting form for use by law enforcement agencies in making the report required under this section. The report must include for each incident all of the information requested by the Federal Bureau of Investigation.
A chief law enforcement officer must file the report under subdivision 1 once a month in the form required by the superintendent. The superintendent must summarize and analyze the information received and submit an annual written report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety. The superintendent shall submit the information to the Federal Bureau of Investigation.
new text begin (a) The Use of Force Investigations Unit within the Bureau of Criminal Apprehension must investigate any officer-involved death as defined in section 299C.80, subdivision 1, paragraph (c), unless the subject of the investigation is a peace officer employed by the Bureau of Criminal Apprehension. Section 299C.80, subdivision 4, applies to an officer-involved death investigation of a peace officer employed by the Bureau of Criminal Apprehension. new text end
new text begin (b) Law enforcement agencies must fully cooperate with and promptly respond to requests for information from the entity conducting an investigation mandated under paragraph (a). new text end
new text begin (c) An entity that conducts an investigation under this subdivision must prepare a report detailing the entity's investigation and promptly deliver the report to the prosecutor for the county in which the incident occurred. If a prosecuting authority determines that there is no basis to file charges against a peace officer involved in the incident, the prosecutor must simultaneously publicly disclose the prosecutor's determination and all inactive investigative data in the report that are public under section 13.82, subdivision 7, or other applicable law. The prosecutor must cooperate with the entity that conducted the investigation in determining what data in the report must be publicly disclosed. new text end
For purposes of sections 626.84 to 626.863, the following terms have the meanings given them:
(a) "Board" means the Board of Peace Officer Standards and Training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means:
(1) an employee or an elected or appointed official of a political subdivision or law enforcement agency who is licensed by the board, charged with the prevention and detection of crime and the enforcement of the general criminal laws of the state and who has the full power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police officers, Department of Corrections Fugitive Apprehension Unit officers, deleted text begin anddeleted text end Department of Commerce Fraud Bureau Unit officers, deleted text begin anddeleted text end the statewide coordinator of the Violent Crime Coordinating Councilnew text begin , and railroad peace officers as authorized by section 219.995 and United States Code, title 49, section 28101new text end ; and
(2) a peace officer who is employed by a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is licensed by the board.
(d) "Part-time peace officer" means an individual licensed by the board whose services are utilized by law enforcement agencies no more than an average of 20 hours per week, not including time spent on call when no call to active duty is received, calculated on an annual basis, who has either full powers of arrest or authorization to carry a firearm while on active duty. The term shall apply even though the individual receives no compensation for time spent on active duty, and shall apply irrespective of the title conferred upon the individual by any law enforcement agency.
(e) "Reserve officer" means an individual whose services are utilized by a law enforcement agency to provide supplementary assistance at special events, traffic or crowd control, and administrative or clerical assistance, and shall include reserve deputies, special deputies, mounted or unmounted patrols, and all other employees or volunteers performing reserve officer functions. A reserve officer's duties do not include enforcement of the general criminal laws of the state, and the officer does not have full powers of arrest or authorization to carry a firearm on duty.
(f) "Law enforcement agency" means:
(1) a unit of state or local government that is authorized by law to grant full powers of arrest and to charge a person with the duties of preventing and detecting crime and enforcing the general criminal laws of the state; deleted text begin anddeleted text end
(2) subject to the limitations in section 626.93, a law enforcement agency of a federally recognized tribe, as defined in United States Code, title 25, section 450b(e)deleted text begin .deleted text end new text begin ; andnew text end
new text begin (3) subject to the limitation of section 219.995, a railroad company. new text end
(g) "Professional peace officer education" means a postsecondary degree program, or a nondegree program for persons who already have a college degree, that is offered by a college or university in Minnesota, designed for persons seeking licensure as a peace officer, and approved by the board.
new text begin (h) "Railroad peace officer" means an individual as authorized under United States Code, title 49, section 28101: new text end
new text begin (1) employed by a railroad for the purpose of aiding and supplementing law enforcement agencies in the protection of property owned by or in the care, custody, or control of a railroad and to protect the persons and property of railroad passengers and employees; and new text end
new text begin (2) licensed by the board. new text end
The deleted text begin Ensuring Police Excellence and Improving Community Relationsdeleted text end new text begin Public Safetynew text end Advisory Council is established under the Peace Officer Standards and Training Board. The council consists of the following 15 members:
(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;
(2) the executive director of the Peace Officer Standards and Training Board, or a designee;
(3) the executive director of the Minnesota Police and Peace Officers Association, or a designee;
(4) the executive director of the Minnesota Sheriffs' Association, or a designee;
(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;
(6) six community members, of which:
(i) four members shall represent the community-specific boards established under sections 15.0145 and 3.922, reflecting one appointment made by each board;
(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota chapter of the National Alliance on Mental Illness; and
(iii) one member shall be an advocate for victims and shall be appointed by Violence Free Minnesota; and
(7) four members appointed by the legislature, of which one shall be appointed by the speaker of the house, one by the house minority leader, one by the senate majority leader, and one by the senate minority leader.
The appointing authorities shall make their appointments by September 15, 2020, and shall ensure geographical balance when making appointments.
new text begin For the purposes of this chapter, "excited delirium" means a description of a person's state of agitation, excitability, paranoia, extreme aggression, physical violence, and apparent immunity to pain that is not listed in the most current version of the Diagnostic and Statistical Manual of Mental Disorders, or for which there is insufficient scientific evidence or diagnostic criteria to be recognized as a medical condition. Excited delirium includes excited delirium syndrome, hyperactive delirium, agitated delirium, exhaustive mania, and similar terms. new text end
new text begin (a) The board may not certify a continuing education course that includes training on the detection or use of the term excited delirium. new text end
new text begin (b) The board may not grant continuing education credit to a peace officer for a course that includes training on the detection or use of the term excited delirium. new text end
new text begin (c) The board may not reimburse a law enforcement agency or a peace officer for a course that includes training on the detection or use of the term excited delirium. new text end
new text begin A law enforcement agency may not provide, directly or through a third party, to a peace officer any course that includes training on the detection or use of excited delirium. This section does not prohibit peace officer training in responding to and the proper care of a person in crisis. new text end
(a) A chief law enforcement officer shall report annually to the board summary data regarding the investigation and disposition of cases involving alleged misconduct, indicating the total number of investigations, the total number by each subject matter, the number dismissed as unfounded, and the number dismissed on grounds that the allegation was unsubstantiated.
(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit individual peace officer data classified as public data on individuals, as defined by section 13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision 12, and submitted using encrypted data that the board determines is necessary to:
(1) evaluate the effectiveness of statutorily required training;
(2) assist the deleted text begin Ensuring Police Excellence and Improving Community Relationsdeleted text end new text begin Public Safetynew text end Advisory Council in accomplishing the council's duties; and
(3) allow for the board, the deleted text begin Ensuring Police Excellence and Improving Community Relationsdeleted text end new text begin Public Safetynew text end Advisory Council, and the board's complaint investigation committee to identify patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated model policy.
(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer must update data within 30 days of final disposition of a complaint or investigation.
(d) Law enforcement agencies and political subdivisions are prohibited from entering into a confidentiality agreement that would prevent disclosure of the data identified in paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements of this section.
(e) By February 1 of each year, the board shall prepare a report that contains summary data provided under paragraph (b). The board must post the report on its publicly accessible website and provide a copy to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy.
new text begin Notwithstanding Minnesota Statutes, section 373.05, Anoka County may build a jail and criminal justice center in any city located within the county to replace the current jail located in the city of Anoka. new text end
new text begin Notwithstanding Minnesota Statutes, section 382.04, the sheriff of Anoka County may keep office in the jail and criminal justice center authorized under subdivision 1 instead of in the county seat. new text end
new text begin This section is effective the day following final enactment. new text end
new text begin (a) For the purposes of this section, the following terms have the meanings given. new text end
new text begin (b) "Collateral consequence" means a collateral sanction or a disqualification. new text end
new text begin (c) "Collateral sanction" means a penalty, disability, or disadvantage, however denominated, imposed on an individual as a result of the individual's conviction of an offense that applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. Collateral sanction does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution. new text end
new text begin (d) "Conviction" or "convicted" includes a child adjudicated delinquent. new text end
new text begin (e) "Disqualification" means a penalty, disability, or disadvantage, however denominated, that an administrative agency, governmental official, or court in a civil proceeding is authorized but not required to impose on an individual on grounds relating to the individual's conviction of an offense. new text end
new text begin (f) "Offense" means a felony, gross misdemeanor, misdemeanor, or adjudication as a delinquent under the laws of this state, another state, or the United States. new text end
new text begin (a) The revisor of statutes shall: new text end
new text begin (1) identify or cause to be identified any provision in this state's constitution, statutes, and administrative rules that imposes a collateral sanction or authorizes the imposition of a disqualification, and any provision of law that may afford relief from a collateral consequence; new text end
new text begin (2) in a timely manner after the effective date of this section prepare a collection of citations to, and the text or short descriptions of, the provisions identified under clause (1); and new text end
new text begin (3) annually update the collection in a timely manner after the regular or last special session of the legislature in a calendar year. new text end
new text begin In complying with clauses (1) and (2), the revisor may rely on the study of this state's collateral sanctions, disqualifications, and relief provisions prepared by the National Institute of Justice described in section 510 of the Court Security Improvement Act of 2007, Public Law 110-177. new text end
new text begin (b) The revisor of statutes shall include the following statements or substantially similar language in a prominent manner at the beginning of the collection required under paragraph (a): new text end
new text begin (1) This collection has not been enacted into law and does not have the force of law. new text end
new text begin (2) An error or omission in this collection or in any reference work cited in this collection is not a reason for invalidating a plea, conviction, or sentence or for not imposing a collateral sanction or authorizing a disqualification. new text end
new text begin (3) The laws of other jurisdictions and local governments that impose additional collateral sanctions and authorize additional disqualifications are not included in this collection. new text end
new text begin (4) This collection does not include any law or other provision regarding the imposition of or relief from a collateral sanction or a disqualification enacted or adopted after (date the collection was prepared or last updated). new text end
new text begin (c) The Office of the Revisor of Statutes shall publish the collection prepared and updated as required under paragraph (a). If available, the revisor of statutes shall publish as part of the collection the title and Internet address of the most recent collection of: new text end
new text begin (1) the collateral consequences imposed by federal law; and new text end
new text begin (2) any provision of federal law that may afford relief from a collateral consequence. new text end
new text begin (d) The collection described under paragraph (c) must be available to the public on the Internet without charge in a reasonable time after the collection is created or updated. new text end
new text begin This section is effective January 1, 2025. new text end
(a) Except as otherwise provided in paragraphs (b)new text begin ,new text end deleted text begin anddeleted text end (c), new text begin and (d), new text end "delinquent child" means a child:
(1) who has violated any state or local law, except as provided in section 260B.225, subdivision 1, and except for juvenile offenders as described in subdivisions 16 to 18;
(2) who has violated a federal law or a law of another state and whose case has been referred to the juvenile court if the violation would be an act of delinquency if committed in this state or a crime or offense if committed by an adult;
(3) who has escaped from confinement to a state juvenile correctional facility after being committed to the custody of the commissioner of corrections; or
(4) who has escaped from confinement to a local juvenile correctional facility after being committed to the facility by the court.
(b) The term delinquent child does not include a child alleged to have committed murder in the first degree after becoming 16 years of age, but the term delinquent child does include a child alleged to have committed attempted murder in the first degree.
(c) The term delinquent child does not include a child alleged to have engaged in conduct which would, if committed by an adult, violate any federal, state, or local law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct.
new text begin (d) Effective August 1, 2026, and applied to acts committed on or after that date, the term delinquent child does not include a child alleged to have committed a delinquent act before becoming 13 years old. new text end
(a) "Juvenile petty offense" includes a juvenile alcohol offense, a juvenile controlled substance offense, a violation of section 609.685, or a violation of a local ordinance, which by its terms prohibits conduct by a child under the age of 18 years which would be lawful conduct if committed by an adult.
(b) Except as otherwise provided in paragraph (c), "juvenile petty offense" also includes an offense that would be a misdemeanor if committed by an adult.
(c) "Juvenile petty offense" does not include any of the following:
(1) a misdemeanor-level violation of section 518B.01, 588.20, 609.224, 609.2242, 609.324, subdivision 2 or 3, 609.5632, 609.576, 609.66, 609.746, 609.748, 609.79, or 617.23;
(2) a major traffic offense or an adult court traffic offense, as described in section 260B.225;
(3) a misdemeanor-level offense committed by a child whom the juvenile court previously has found to have committed a misdemeanor, gross misdemeanor, or felony offense; or
(4) a misdemeanor-level offense committed by a child whom the juvenile court has found to have committed a misdemeanor-level juvenile petty offense on two or more prior occasions, unless the county attorney designates the child on the petition as a juvenile petty offender notwithstanding this prior record. As used in this clause, "misdemeanor-level juvenile petty offense" includes a misdemeanor-level offense that would have been a juvenile petty offense if it had been committed on or after July 1, 1995.
(d) A child who commits a juvenile petty offense is a "juvenile petty offender." The term juvenile petty offender does not include a child alleged to have violated any law relating to being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual conduct which, if committed by an adult, would be a misdemeanor.
new text begin (e) Effective August 1, 2026, and applied to acts committed on or after that date, notwithstanding any contrary provision in paragraphs (a) to (d), a juvenile petty offender does not include a child who is alleged to have committed a juvenile petty offense before reaching the age of 13 years. new text end
new text begin (a) As used in this section, "DNA analysis" has the meaning given in section 299C.155. new text end
new text begin (b) A biological specimen for the purpose of DNA analysis must not be taken from a minor without the consent of the minor's parent or custodian, a court order, or a warrant. new text end
new text begin (c) A minor whose biological specimen is collected in violation of paragraph (b) may move the court to suppress the use, as evidence, of the results of the DNA analysis and for destruction of the biological specimen. new text end
new text begin This section is effective August 1, 2024, and applies to biological specimens collected on or after that date. new text end
"Child in need of protection or services" means a child who is in need of protection or services because the child:
(1) is abandoned or without parent, guardian, or custodian;
(2)(i) has been a victim of physical or sexual abuse as defined in section 260E.03, subdivision 18 or 20, (ii) resides with or has resided with a victim of child abuse as defined in subdivision 5 or domestic child abuse as defined in subdivision 13, (iii) resides with or would reside with a perpetrator of domestic child abuse as defined in subdivision 13 or child abuse as defined in subdivision 5 or 13, or (iv) is a victim of emotional maltreatment as defined in subdivision 15;
(3) is without necessary food, clothing, shelter, education, or other required care for the child's physical or mental health or morals because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(4) is without the special care made necessary by a physical, mental, or emotional condition because the child's parent, guardian, or custodian is unable or unwilling to provide that care;
(5) is medically neglected, which includes, but is not limited to, the withholding of medically indicated treatment from an infant with a disability with a life-threatening condition. The term "withholding of medically indicated treatment" means the failure to respond to the infant's life-threatening conditions by providing treatment, including appropriate nutrition, hydration, and medication which, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all conditions, except that the term does not include the failure to provide treatment other than appropriate nutrition, hydration, or medication to an infant when, in the treating physician's, advanced practice registered nurse's, or physician assistant's reasonable medical judgment:
(i) the infant is chronically and irreversibly comatose;
(ii) the provision of the treatment would merely prolong dying, not be effective in ameliorating or correcting all of the infant's life-threatening conditions, or otherwise be futile in terms of the survival of the infant; or
(iii) the provision of the treatment would be virtually futile in terms of the survival of the infant and the treatment itself under the circumstances would be inhumane;
(6) is one whose parent, guardian, or other custodian for good cause desires to be relieved of the child's care and custody, including a child who entered foster care under a voluntary placement agreement between the parent and the responsible social services agency under section 260C.227;
(7) has been placed for adoption or care in violation of law;
(8) is without proper parental care because of the emotional, mental, or physical disability, or state of immaturity of the child's parent, guardian, or other custodian;
(9) is one whose behavior, condition, or environment is such as to be injurious or dangerous to the child or others. An injurious or dangerous environment may include, but is not limited to, the exposure of a child to criminal activity in the child's home;
(10) is experiencing growth delays, which may be referred to as failure to thrive, that have been diagnosed by a physician and are due to parental neglect;
(11) is a sexually exploited youth;
(12) has committed a delinquent act or a juvenile petty offense before becoming ten years oldnew text begin . This clause expires July 31, 2026new text end ;
(13) is a runaway;
(14) is a habitual truant;
(15) has been found incompetent to proceed or has been found not guilty by reason of mental illness or mental deficiency in connection with a delinquency proceeding, a certification under section 260B.125, an extended jurisdiction juvenile prosecution, or a proceeding involving a juvenile petty offense; deleted text begin ordeleted text end
(16) has a parent whose parental rights to one or more other children were involuntarily terminated or whose custodial rights to another child have been involuntarily transferred to a relative and there is a case plan prepared by the responsible social services agency documenting a compelling reason why filing the termination of parental rights petition under section 260C.503, subdivision 2, is not in the best interests of the childdeleted text begin .deleted text end new text begin ; ornew text end
new text begin (17) effective August 1, 2026, has committed a delinquent act or a juvenile petty offense before becoming 13 years old. new text end
(a) A person who knows or has reason to believe a child is being maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years shall immediately report the information to the local welfare agency, agency responsible for assessing or investigating the report, police department, county sheriff, tribal social services agency, or tribal police department if the person is:
(1) a professional or professional's delegate who is engaged in the practice of the healing arts, social services, hospital administration, psychological or psychiatric treatment, child care, education, correctional supervision, probation and correctional services, or law enforcement; or
(2) employed as a member of the clergy and received the information while engaged in ministerial duties, provided that a member of the clergy is not required by this subdivision to report information that is otherwise privileged under section 595.02, subdivision 1, paragraph (c).
(b) "Practice of social services" for the purposes of this subdivision includes but is not limited to employee assistance counseling and the provision of guardian ad litem and parenting time expeditor services.
new text begin (c) A corporation, school, nonprofit organization, religious organization, facility as defined in section 260E.03, subdivision 6, or similar entity must not have any policies, written or otherwise, that prevent or discourage a mandatory or voluntary reporter from reporting suspected or alleged maltreatment of a child in accordance with this section. new text end
(a) A person mandated by section 260E.06, subdivision 1, to report who knows or has reason to believe that a child is maltreated, as defined in section 260E.03, or has been maltreated within the preceding three years, and fails to report is guilty of a misdemeanor.
(b) A person mandated by section 260E.06, subdivision 1, to report who knows or has reason to believe that two or more children not related to the offender have been maltreated, as defined in section 260E.03, by the same offender within the preceding ten years, and fails to report is guilty of a gross misdemeanor.
(c) A parent, guardian, or caretaker who knows or reasonably should know that the child's health is in serious danger and who fails to report as required by section 260E.06, subdivision 3, is guilty of a gross misdemeanor if the child suffers substantial or great bodily harm because of the lack of medical care. If the child dies because of the lack of medical care, the person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both. The provision in section 609.378, subdivision 1, paragraph (a), clause (1), providing that a parent, guardian, or caretaker may, in good faith, select and depend on spiritual means or prayer for treatment or care of a child, does not exempt a parent, guardian, or caretaker from the duty to report under this chapter.
(d) Any person who knowingly or recklessly makes a false report under the provisions of this chapter shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury, plus costs and reasonable attorney fees.
new text begin (e) A person who intentionally prevents or attempts to prevent a person mandated by section 260E.06, subdivision 1, to report under this chapter is guilty of a misdemeanor. new text end
(a) Sheriffs, peace officers, and community corrections agencies operating secure juvenile detention facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis as defined in section 299C.155, of the following:
(1) deleted text begin persons who have appeared in court and have had a judicial probable cause determination on a charge of committing, ordeleted text end persons having been convicted of or attempting to commitdeleted text begin ,deleted text end any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24, aggravated robbery under section 609.245, or carjacking under section 609.247;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision 3a; or
(3) deleted text begin juveniles who have appeared in court and have had a judicial probable cause determination on a charge of committing, ordeleted text end juveniles having been adjudicated delinquent for committing or attempting to commitdeleted text begin ,deleted text end any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24, aggravated robbery under section 609.245, or carjacking under section 609.247;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours the biological specimen required under paragraph (a) must be forwarded to the bureau in such a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological specimen is taken on a person described in paragraph (a).
(a) No petition for postconviction relief may be filed more than two years after the later of:
(1) the entry of judgment of conviction or sentence if no direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief if:
(1) the petitioner establishes that a physical disability or mental disease precluded a timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidence, including scientific evidence, that new text begin provides facts necessary to sustain one or more legally cognizable claims for postconviction relief, if such evidence new text end could not have been ascertained by the exercise of due diligence by the petitioner or petitioner's attorney within the two-year time period for filing a postconviction petition, deleted text begin and the evidencedeleted text end is not cumulative to evidence presented at trial, new text begin and new text end is not for impeachment purposesdeleted text begin , and establishes by a clear and convincing standard that the petitioner is innocent of the offense or offenses for which the petitioner was convicteddeleted text end ;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory law by either the United States Supreme Court or a Minnesota appellate court and the petitioner establishes that this interpretation is retroactively applicable to the petitioner's case;
(4) the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous and is in the interests of justice.
(c) Any petition invoking an exception provided in paragraph (b) must be filed within two years of the date the claim arises.
Within deleted text begin 20deleted text end new text begin 45new text end days after the filing of the petition pursuant to section 590.01 or within such time as the judge to whom the matter has been assigned may fix, the county attorney, or the attorney general, on behalf of the state, shall respond to the petition by answer or motion which shall be filed with the court administrator of district court and served on the petitioner if unrepresented or on the petitioner's attorney. No further pleadings are necessary except as the court may order. The court may at any time prior to its decision on the merits permit a withdrawal of the petition, may permit amendments thereto, and to the answer. The court shall liberally construe the petition and any amendments thereto and shall look to the substance thereof and waive any irregularities or defects in form.
A person acting in good faith who seeks medical assistance for new text begin or acts in concert with a person seeking medical assistance for new text end another person who is experiencing a drug-related overdose may not be charged or prosecuted for the possession, sharing, or use of a controlled substance under section 152.023, subdivision 2, deleted text begin clauses (4) and (6),deleted text end 152.024, or 152.025deleted text begin , or possession of drug paraphernaliadeleted text end . A person qualifies for the immunities provided in this subdivision only if:
(1) the evidence for the charge or prosecution was obtained as a result of the person's seeking medical assistance for new text begin or acting in concert with a person seeking medical assistance for new text end another person; and
(2) the person seeks medical assistance for new text begin or acts in concert with a person seeking medical assistance for new text end another person who is in need of medical assistance for an immediate health or safety concern, provided that the person deleted text begin who seeks the medical assistance is the deleted text end deleted text begin first person to seek the assistance,deleted text end provides a name and contact information, remains on the scene until assistance arrives or is provided, and cooperates with the authorities.
Good faith does not include seeking medical assistance during the course of the execution of an arrest warrant or search warrant or a lawful search.
new text begin This section is effective August 1, 2024, and applies to acts committed on or after that date. new text end
At the time of sentencing under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based on the sentencing guidelines or any applicable mandatory minimum sentence, that must be served before the offender may be considered for supervised release. If the offender was under 18 years of age at the time of the commission of the offense, the minimum term of imprisonment specified by the court shall not exceed the applicable minimum term of imprisonment described in new text begin section 244.05, new text end subdivision 4b.
new text begin This section is effective the day following final enactment. new text end
(a) A person is eligible for a grant of expungement relief if the person:
(1) was convicted of a qualifying offense;
(2) has not been convicted of a new offense, other than an offense that would be a petty misdemeanor, in Minnesota:
(i) during the applicable waiting period immediately following discharge of the disposition or sentence for the crime; or
(ii) during the applicable waiting period immediately preceding a subsequent review performed pursuant to subdivision 5, paragraph (a); and
(3) is not charged with an offense, other than an offense that would be a petty misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting period or at the time of a subsequent review.
(b) As used in this subdivision, "qualifying offense" means a conviction for:
(1) any petty misdemeanor offense other than a violation of a traffic regulation relating to the operation or parking of motor vehicles;
(2) any misdemeanor offense other than:
(i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving while impaired);
(ii) section 518B.01, subdivision 14 (violation of an order for protection);
(iii) section 609.224 (assault in the fifth degree);
(iv) section 609.2242 (domestic assault);
(v) section 609.746 (interference with privacy);
(vi) section 609.748 (violation of a harassment restraining order);
(vii) section 609.78 (interference with emergency call);
(viii) section 609.79 (obscene or harassing phone calls);
(ix) section 617.23 (indecent exposure); or
(x) section 629.75 (violation of domestic abuse no contact order);
(3) any gross misdemeanor offense other than:
new text begin (i) section 169.13, subdivision 1, if the person causes great bodily harm or death to another (reckless driving resulting in great bodily harm or death); new text end
deleted text begin (i)deleted text end new text begin (ii)new text end section 169A.25 (second-degree driving while impaired);
deleted text begin (ii)deleted text end new text begin (iii)new text end section 169A.26 (third-degree driving while impaired);
deleted text begin (iii)deleted text end new text begin (iv)new text end section 518B.01, subdivision 14 (violation of an order for protection);
deleted text begin (iv)deleted text end new text begin (v)new text end section 609.2113, subdivision 3 (criminal vehicular operation);
deleted text begin (v)deleted text end new text begin (vi)new text end section 609.2231 (assault in the fourth degree);
deleted text begin (vi)deleted text end new text begin (vii)new text end section 609.224 (assault in the fifth degree);
deleted text begin (vii)deleted text end new text begin (viii)new text end section 609.2242 (domestic assault);
deleted text begin (viii)deleted text end new text begin (ix)new text end section 609.233 (criminal neglect);
deleted text begin (ix)deleted text end new text begin (x)new text end section 609.3451 (criminal sexual conduct in the fifth degree);
deleted text begin (x)deleted text end new text begin (xi)new text end section 609.377 (malicious punishment of child);
deleted text begin (xi)deleted text end new text begin (xii)new text end section 609.485 (escape from custody);
deleted text begin (xii)deleted text end new text begin (xiii)new text end section 609.498 (tampering with witness);
deleted text begin (xiii)deleted text end new text begin (xiv)new text end section 609.582, subdivision 4 (burglary in the fourth degree);
deleted text begin (xiv)deleted text end new text begin (xv)new text end section 609.746 (interference with privacy);
deleted text begin (xv)deleted text end new text begin (xvi)new text end section 609.748 (violation of a harassment restraining order);
deleted text begin (xvi)deleted text end new text begin (xvii)new text end section 609.749 (harassment; stalking);
deleted text begin (xvii)deleted text end new text begin (xviii)new text end section 609.78 (interference with emergency call);
deleted text begin (xviii)deleted text end new text begin (xix)new text end section 617.23 (indecent exposure);
deleted text begin (xix)deleted text end new text begin (xx)new text end section 617.261 (nonconsensual dissemination of private sexual images); or
deleted text begin (xx)deleted text end new text begin (xxi)new text end section 629.75 (violation of domestic abuse no contact order); or
(4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other than:
(i) section 152.023, subdivision 2 (possession of a controlled substance in the third degree);
(ii) 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);
(iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment for mental illness); deleted text begin ordeleted text end
(iv) new text begin section 609.582, subdivision 3, paragraph (a) (burglary in the third degree; other than trespass); ornew text end
new text begin (v)new text end section 609.746, subdivision 1, paragraph deleted text begin (e)deleted text end new text begin (g)new text end (interference with privacy; subsequent violation or minor victim).
(c) As used in this subdivision, "applicable waiting period" means:
(1) if the offense was a petty misdemeanor, two years since discharge of the sentence;
(2) if the offense was a misdemeanor, two years since discharge of the sentence for the crime;
(3) if the offense was a gross misdemeanor, three years since discharge of the sentence for the crime;
(4) if the offense was a felony violation of section 152.025, four years since the discharge of the sentence for the crime; and
(5) if the offense was any other felony, five years since discharge of the sentence for the crime.
(d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross misdemeanor offenses ineligible for a grant of expungement under this section remain ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2.
(e) The service requirements in section 609A.03, subdivision 8, do not apply to any expungements ordered under this subdivision.
(f) An expungement order does not apply to records held by the commissioners of children, youth, and families; health; and human services.
new text begin This section is effective January 1, 2025. new text end
(a) A petition may be filed under section 609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved in favor of the petitioner, if the petitioner received an order under section 590.11 determining that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication;
(3) the petitioner was convicted of a petty misdemeanor or misdemeanor or the sentence imposed was within the limits provided by law for a misdemeanor and the petitioner has not been convicted of a new crime for at least two years since discharge of the sentence for the crime;
(4) the petitioner was convicted of a gross misdemeanor or the sentence imposed was within the limits provided by law for a gross misdemeanor and the petitioner has not been convicted of a new crime for at least three years since discharge of the sentence for the crime;
(5) the petitioner was convicted of a gross misdemeanor that is deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2, clause (2), and has not been convicted of a new crime for at least three years since discharge of the sentence for the crime;
(6) the petitioner was convicted of a felony violation of section 152.025 and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime;
(7) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor or misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not been convicted of a new crime for at leastnew text begin :new text end
new text begin (i) four years since discharge of the sentence for the crime if the conviction was for an offense listed in paragraph (b); or new text end
new text begin (ii)new text end five years since discharge of the sentence for the crimenew text begin if the conviction was for any other offensenew text end ; or
(8) the petitioner was convicted of a felony violation of an offense listed in paragraph (b), and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime.
(b) Paragraph (a), clause deleted text begin (7)deleted text end new text begin (8)new text end , applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section 152.023, subdivision 2 (possession of a controlled substance in the third degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree); 152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.984 (false declaration in assistance application);
(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices and solicitations);
(13) section 346.155, subdivision 10 (failure to control regulated animal);
(14) section 349.2127; or 349.22 (gambling regulations);
(15) section 588.20 (contempt);
(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
(17) section 609.31 (leaving state to evade establishment of paternity);
(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment for mental illness);
(19) section 609.49 (failure to appear in court);
(20) section 609.52, subdivision 2, when sentenced pursuant to section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less) or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with risk of bodily harm); or any other offense sentenced pursuant to section 609.52, subdivision 3, clause (3)(a);
(21) section 609.521 (possession of shoplifting gear);
(22) section 609.525 (bringing stolen goods into state);
(23) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
(24) section 609.527, subdivision 5b (possession or use of scanning device or reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit check); or 609.529 (mail theft);
(25) section 609.53 (receiving stolen goods);
(26) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over $500);
(27) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
(28) section 609.551 (rustling and livestock theft);
(29) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
(30) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
(31) section 609.582, subdivision 3 (burglary in the third degree);
(32) section 609.59 (possession of burglary or theft tools);
(33) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph (a) (criminal damage to property);
(34) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
(35) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4, clause (3)(a) (check forgery new text begin and offering forged check, new text end $2,500 or less); 609.635 (obtaining signature by false pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
(36) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision 4, paragraph (a) (lottery fraud);
(37) section 609.652 (fraudulent driver's license and identification card);
(38) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or 609.66, subdivision 1b (furnishing firearm to minor);
(39) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
(40) section 609.686, subdivision 2 (tampering with fire alarm);
(41) section 609.746, subdivision 1, paragraph (g) (interference with privacy; subsequent violation or minor victim);
(42) section 609.80, subdivision 2 (interference with cable communications system);
(43) section 609.821, subdivision 2 (financial transaction card fraud);
(44) section 609.822 (residential mortgage fraud);
(45) section 609.825, subdivision 2 (bribery of participant or official in contest);
(46) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with transit operator);
(47) section 609.88 (computer damage); or 609.89 (computer theft);
(48) section 609.893, subdivision 2 (telecommunications and information services fraud);
(49) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
(50) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual property);
(51) section 609.896 (movie pirating);
(52) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2 (transfer of pistol to ineligible person); or
(53) section 624.7181 (rifle or shotgun in public by minor).
new text begin A criminal action arising out of an incident of alleged criminal sexual conduct may be prosecuted either in the county where any element of the alleged sexual penetration or sexual contact was committed or the county where the complainant is found when the complainant was, at the time of the act: new text end
new text begin (1) mentally incapacitated, as defined in section 609.341, subdivision 7; or new text end
new text begin (2) physically helpless, as defined in section 609.341, subdivision 9, as the result of being asleep or not conscious. new text end
new text begin (a) Any admission, confession, or statement, whether written or oral, made by a person under 18 years of age during a custodial interrogation by a law enforcement agency official or their agent, is presumed to have been made involuntarily and is inadmissible in any proceeding if, during the interrogation, a law enforcement agency official or that person's agent: new text end
new text begin (1) communicated information that an official or agent conducting or participating in the interrogation knew to be false if that information was about the existence or nature of evidence that a reasonable person would find to be material in assessing any suspected or alleged criminal conduct by the individual being interrogated; or new text end
new text begin (2) communicated statements regarding leniency that the official or agent was not authorized to make. new text end
new text begin (b) The presumption that any such admission, confession, or statement, or any portion thereof, is made involuntarily and is inadmissible may be overcome if the state proves by a preponderance of the evidence that the admission, confession, or statement, or the given portion thereof, was voluntary, reliable, and not induced by any act described in paragraph (a). new text end
new text begin (c) The presumption of inadmissibility set forth in paragraph (a) shall not apply to any portion of an admission, confession, or statement that occurs prior to the first instance in which one of the acts described in paragraph (a) occurs. new text end
new text begin (d) That an admission, confession, or statement is deemed inadmissible under this section shall have no effect on the admissibility of evidence obtained as a result of the admission, confession, or statement if the evidence would have been discovered through independent lawful means or if knowledge of the evidence was acquired through an independent source. new text end
new text begin This section is effective January 1, 2025, and applies to an admission, confession, or statement, whether written or oral, made on or after that date. new text end
(a) Except as provided in paragraphs (b) and (c), an individual convicted of a crime in a court of this state may apply for a pardon of the individual's conviction on or after five years from the sentence's expiration or discharge date.
(b) An individual convicted before August 1, 2023, of a violation of section 609.19, subdivision 1, clause (1), under the theory of liability for crimes of another may apply for a pardon upon the sentence's expiration or discharge date if the individual:
(1) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
(ii) did not cause the death of a human being; and
(iii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being; or
(2) was charged with a violation of section 609.19, subdivision 2, and:
(i) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
(ii) did not cause the death of a human being; and
(iii) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph (c), in the underlying felony deleted text begin anddeleted text end new text begin ornew text end did not act with extreme indifference to human life.
(c) An individual may request the board to waive the waiting period if there is a showing of unusual circumstances and special need.
(d) The commission must review a waiver request and recommend to the board whether to grant the request. When considering a waiver request, the commission is exempt from the meeting requirements under section 638.14 and chapter 13D.
(e) The board must grant a waiver request unless the governor or a board majority opposes the waiver.
(a) When recommending whether to grant clemency, the commission must consider any factors that the commission deems appropriate, including but not limited to:
(1) the nature, seriousness, and circumstances of the applicant's crime; the applicant's age at the time of the crime; and the time that has elapsed between the crime and the application;
(2) the successful completion or revocation of previous probation, parole, supervised release, or conditional release;
(3) the number, nature, and circumstances of the applicant's other criminal convictions;
(4) the extent to which the applicant has demonstrated rehabilitation through postconviction conduct, character, and reputation;
(5) the extent to which the applicant has accepted responsibility, demonstrated remorse, and made restitution to victims;
(6) whether the sentence is clearly excessive in light of the applicant's crime and criminal history and any sentence received by an accomplice and with due regard given to:
(i) any plea agreement;
(ii) the sentencing judge's views; and
(iii) the sentencing ranges established by law;
(7) whether the applicant was convicted before August 1, 2023, of a violation of section 609.19, subdivision 1, clause (1), under the theory of liability for crimes of another and, if so, whether the applicant:
(i) was charged with a violation of section 609.185, paragraph (a), clause (3), and:
(A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
(B) did not cause the death of a human being; and
(C) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being; or
(ii) was charged with a violation of section 609.19, subdivision 2, and:
(A) thereafter pled guilty to a violation of section 609.19, subdivision 1, clause (1);
(B) did not cause the death of a human being; and
(C) was not a major participant, as defined in section 609.05, subdivision 2a, paragraph (c), in the underlying felony deleted text begin anddeleted text end new text begin ornew text end did not act with extreme indifference to human life;
(8) whether the applicant's age or medical status indicates that it is in the best interest of society that the applicant receive clemency;
(9) the applicant's asserted need for clemency, including family needs and barriers to housing or employment created by the conviction;
(10) for an applicant under the department's custody, the adequacy of the applicant's reentry plan;
(11) the amount of time already served by the applicant and the availability of other forms of judicial or administrative relief;
(12) the extent to which there is credible evidence indicating that the applicant is or may be innocent of the crime for which they were convicted; and
(13) if provided by the applicant, the applicant's demographic information, including race, ethnicity, gender, disability status, and age.
(b) Unless an applicant knowingly omitted past criminal convictions on the application, the commission or the board must not prejudice an applicant for failing to identify past criminal convictions.
(a) By deleted text begin Decemberdeleted text end new text begin Septembernew text end 1, deleted text begin 2023deleted text end new text begin 2024new text end , the commissioner of corrections shall notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary application for relief if:
(1) the person was convicted for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), and the person:
(i) did not cause the death of a human being; and
(ii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being; or
(2) the person was convicted for a violation of Minnesota Statutes, section 609.19, subdivision 2, clause (1), and the person:
(i) did not cause the death of a human being; and
(ii) was not a major participant in the underlying felony deleted text begin anddeleted text end new text begin ornew text end did not act with extreme indifference to human life.
(b) The notice shall include the address of the Ramsey County District Court court administration.
(c) The commissioner of corrections may coordinate with the judicial branch to establish a standardized notification form.
new text begin This section is effective the day following final enactment. new text end
(a) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to relief if the petitioner shows by a preponderance of the evidence that the petitioner:
(1) did not cause the death of a human being; and
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being.
(b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19, subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of the evidence that the petitioner:
(1) did not cause the death of a human being; and
(2) was not a major participant in the underlying felony deleted text begin anddeleted text end new text begin ornew text end did not act with extreme indifference to human life.
(c) If the court determines that the petitioner does not qualify for relief, the court shall issue an order denying the petition.
new text begin (d)new text end If the court determines that the petitioner is entitled to relief, the court shall issue an order vacating the conviction for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and deleted text begin eitherdeleted text end :
(1) resentence the petitioner for the most serious remaining offense for which the petitioner was convicted; deleted text begin ordeleted text end
(2) enter a conviction and impose a sentence for any other predicate felony arising out of the course of conduct that served as the factual basis for the conviction vacated by the courtnew text begin ; ornew text end
new text begin (3) enter a conviction and impose a sentence for any lesser included offense as described in Minnesota Statutes, section 631.14new text end .
new text begin (e) If the court intends to enter a conviction and impose a sentence for a lesser included offense, the court must hold a hearing to determine the appropriate offense. new text end
deleted text begin (d)deleted text end new text begin (f) If the court proceeds under paragraph (d), clause (1) or (2),new text end the new sentence announced by the court under this section must be for the most serious predicate felony unless the most serious remaining offense for which the petitioner was convicted is that offense or a more serious offense.
deleted text begin (e)deleted text end new text begin (g)new text end If, pursuant to paragraph deleted text begin (c)deleted text end new text begin (d)new text end , the court either resentences a petitioner or imposes a sentence, the court shall also resentence the petitioner for any other offense if the sentence was announced by a district court of the same county, the sentence was either ordered to be served consecutively to the vacated conviction or the criminal history calculation for that sentence included the vacated sentence, and the changes made pursuant to paragraph deleted text begin (c)deleted text end new text begin (d)new text end would have resulted in a different criminal history score being used at the time of sentencing.
deleted text begin (f)deleted text end new text begin (h)new text end The court shall state in writing or on the record the reasons for its decision on the petition.
deleted text begin (g)deleted text end new text begin (i)new text end If the court intends to resentence a petitioner or impose a sentence on a petitioner, the court must hold the hearing at a time that allows any victim an opportunity to submit a statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make a good faith and reasonable effort to notify any person determined to be a victim of the hearing and the right to submit or make a statement. A sentence imposed under this subdivision shall not increase the petitioner's total period of confinement or, if the petitioner was serving a stayed sentence, increase the period of supervision. The court may increase the period of confinement for a sentence that was ordered to be served consecutively to the vacated conviction based on a change in the appropriate criminal history score provided the court does not increase the petitioner's total period of confinement. A person resentenced under this paragraph is entitled to credit for time served in connection with the vacated offense.
deleted text begin (h)deleted text end new text begin (j)new text end Relief granted under this section shall not be treated as an exoneration for purposes of the Incarceration and Exoneration Remedies Act.
new text begin This section is effective the day following final enactment. new text end
new text begin (a) An individual who was denied relief under Laws 2023, chapter 52, article 4, section 24, for a conviction under Minnesota Statutes, section 609.19, subdivision 2, clause (1), due to a determination that the individual was not a major participant in the underlying felony and did not act with extreme indifference to human life, and who is now eligible for relief under the changes made in this act, may reapply for relief. new text end
new text begin (b) By September 1, 2024, the commissioner of corrections shall notify individuals to whom notice was previously provided under Laws 2023, chapter 52, article 4, section 24, subdivision 3, paragraph (a), clause (2), about the changes to law made in this act. The notice must inform the individual that the individual may apply or reapply for relief under Laws 2023, chapter 52, article 4, section 24, if eligible based on the changes made in this act. new text end
new text begin (c) Notwithstanding Laws 2023, chapter 52, article 4, section 24, an individual authorized to apply or reapply for relief under paragraph (a) or (b) may do so anytime before October 1, 2026. new text end
new text begin This section is effective the day following final enactment. new text end
new text begin (a) new text end new text begin Minnesota Statutes 2022, sections 609B.050; 609B.100; 609B.101; 609B.102; 609B.103; 609B.104; 609B.106; 609B.107; 609B.108; 609B.109; 609B.110; 609B.111; 609B.112; 609B.113; 609B.120; 609B.121; 609B.122; 609B.123; 609B.124; 609B.125; 609B.126; 609B.127; 609B.128; 609B.129; 609B.130; 609B.132; 609B.133; 609B.134; 609B.135; 609B.136; 609B.139; 609B.140; 609B.141; 609B.142; 609B.143; 609B.144; 609B.146; 609B.147; 609B.148; 609B.149; 609B.1495; 609B.150; 609B.151; 609B.152; 609B.153; 609B.155; 609B.157; 609B.158; 609B.159; 609B.160; 609B.162; 609B.164; 609B.1641; 609B.1645; 609B.165; 609B.168; 609B.170; 609B.171; 609B.172; 609B.173; 609B.174; 609B.175; 609B.176; 609B.177; 609B.179; 609B.180; 609B.181; 609B.183; 609B.184; 609B.185; 609B.187; 609B.188; 609B.189; 609B.191; 609B.192; 609B.193; 609B.194; 609B.195; 609B.200; 609B.201; 609B.203; 609B.205; 609B.206; 609B.216; 609B.231; 609B.235; 609B.237; 609B.241; 609B.245; 609B.255; 609B.262; 609B.263; 609B.265; 609B.271; 609B.273; 609B.275; 609B.277; 609B.301; 609B.310; 609B.311; 609B.312; 609B.320; 609B.321; 609B.330; 609B.331; 609B.332; 609B.333; 609B.340; 609B.341; 609B.342; 609B.343; 609B.344; 609B.345; 609B.400; 609B.405; 609B.410; 609B.415; 609B.425, subdivision 1; 609B.430; 609B.435, subdivisions 1 and 3; 609B.445; 609B.450; 609B.455; 609B.460; 609B.465; 609B.500; 609B.505; 609B.510; 609B.515; 609B.518; 609B.520; 609B.525; 609B.530; 609B.535; 609B.540; 609B.545; 609B.600; 609B.610; 609B.611; 609B.612; 609B.613; 609B.614; 609B.615; 609B.700; 609B.710; 609B.720; 609B.721; 609B.722; 609B.723; 609B.724; and 609B.725, new text end new text begin are repealed. new text end
new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, sections 609B.161; 609B.425, subdivision 2; and 609B.435, subdivision 2, new text end new text begin are repealed. new text end
new text begin This section is effective January 1, 2025. new text end
new text begin As used in this section, "search warrant" means an order in writing that is: new text end
new text begin (1) in the name of this state or, if the person is located in an adjacent state, in the name of the adjacent state; new text end
new text begin (2) signed by a court other than a court exercising probate jurisdiction; and new text end
new text begin (3) obtained pursuant to the requirements in sections 626.04 to 626.18 or conforming statutes in the adjacent state. new text end
(a) Notwithstanding any contrary provisions in sections 169A.51 to 169A.53, a blood or urine test may be conducted only pursuant to a search warrant deleted text begin under sections 626.04 to 626.18,deleted text end or a judicially recognized exception to the search warrant requirement. In addition, blood and urine tests may be conducted only as provided in sections 169A.51 to 169A.53 and 171.177.
(b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search warrant is required for a blood or urine test, that requirement is met if a judicially recognized exception to the warrant requirement is applicable.
A blood or urine test may be required pursuant to a search warrant deleted text begin under sections 626.04 to 626.18deleted text end even after a breath test has been administered if there is probable cause to believe that:
(1) there is impairment by a controlled substance; an intoxicating substance; or cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols that is not subject to testing by a breath test;
(2) a controlled substance listed in Schedule I or II or its metabolite, other than cannabis flower, a cannabis product, a lower-potency hemp edible, a hemp-derived consumer product, artificially derived cannabinoids, or tetrahydrocannabinols, is present in the person's body; or
(3) the person is unconscious or incapacitated to the point that the peace officer providing a breath test advisory, administering a breath test, or serving the search warrant has a good-faith belief that the person is mentally or physically unable to comprehend the breath test advisory or otherwise voluntarily submit to chemical tests.
Action may be taken against a person who refuses to take a blood test under this subdivision only if a urine test was offered and action may be taken against a person who refuses to take a urine test only if a blood test was offered. This limitation does not apply to an unconscious person under the circumstances described in clause (3).
After executing a search warrant deleted text begin under sections 626.04 to 626.18deleted text end for the collection of a blood or urine sample based upon probable cause of a violation of section 169A.20, the peace officer acting under sections 626.13 to 626.17 shall certify to the commissioner of public safety:
(1) when a person refuses to comply with the execution of the search warrant; or
(2) if a person submits to the test and the test results indicate:
(i) an alcohol concentration of 0.08 or more;
(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in physical control of a commercial motor vehicle at the time of the violation; or
(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols.
(a) Upon certification under subdivision 3 that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20, and that the person refused to comply with the execution of the search warrant deleted text begin under sections 626.04 to 626.18deleted text end , the commissioner shall revoke the person's license or permit to drive or nonresident operating privilege. The commissioner shall revoke the license, permit, or nonresident operating privilege:
(1) for a person with no qualified prior impaired driving incidents within the past ten years, for a period of not less than one year;
(2) for a person under the age of 21 years and with no qualified prior impaired driving incidents within the past ten years, for a period of not less than one year;
(3) for a person with one qualified prior impaired driving incident within the past ten years or two qualified prior impaired driving incidents, for a period of not less than two years;
(4) for a person with two qualified prior impaired driving incidents within the past ten years or three qualified prior impaired driving incidents, for a period of not less than three years;
(5) for a person with three qualified prior impaired driving incidents within the past ten years, for a period of not less than four years; or
(6) for a person with four or more qualified prior impaired driving incidents, for a period of not less than six years.
(b) When a person who had been driving, operating, or in physical control of a commercial motor vehicle refuses to comply with the search warrant and permit testing, the commissioner shall disqualify the person from operating a commercial motor vehicle and shall revoke the person's license or permit to drive or nonresident operating privilege according to the federal regulations adopted by reference in section 171.165, subdivision 2.
(a) Upon certification under subdivision 3deleted text begin ,deleted text end pursuant to a search warrant deleted text begin under sections 626.04 to 626.18deleted text end , that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20, and that the person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive or nonresident operating privilege:
(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice the legal limit or more, not less than one year;
(2) if the person is under the age of 21 years, for a period of not less than 180 days or, if the test results indicate an alcohol concentration of twice the legal limit or more, not less than one year;
(3) for a person with one qualified prior impaired driving incident within the past ten years or two qualified prior impaired driving incidents, for a period of not less than one year or, if the test results indicate an alcohol concentration of twice the legal limit or more, not less than two years;
(4) for a person with two qualified prior impaired driving incidents within the past ten years or three qualified prior impaired driving incidents, for a period of not less than three years;
(5) for a person with three qualified prior impaired driving incidents within the past ten years, for a period of not less than four years; or
(6) for a person with four or more qualified prior impaired driving incidents, for a period of not less than six years.
(b) On certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the person from operating a commercial motor vehicle under section 171.165.
(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or urine sample, the laboratory may directly certify to the commissioner the test results, and the peace officer shall certify to the commissioner that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20, and that the person submitted to a test. Upon receipt of both certifications, the commissioner shall undertake the license actions described in paragraphs (a) and (b).
(a) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test pursuant to a search warrant deleted text begin under sections 626.04 to 626.18deleted text end shall serve immediate notice of intention to revoke and of revocation on a person who refuses to permit a test or on a person who submits to a test, the results of which indicate an alcohol concentration of 0.08 or more.
(b) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test of a person driving, operating, or in physical control of a commercial motor vehicle pursuant to a search warrant deleted text begin under sections 626.04 to 626.18deleted text end shall serve immediate notice of intention to disqualify and of disqualification on a person who refuses to permit a test or on a person who submits to a test, the results of which indicate an alcohol concentration of 0.04 or more.
(c) The officer shall:
(1) invalidate the person's driver's license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;
(2) issue the person a temporary license effective for only seven days; and
(3) send the notification of this action to the commissioner along with the certificate required by subdivision 4 or 5.
(a) A judicial review hearing under this section must be before a district judge in any county in the judicial district where the alleged offense occurred. The hearing is to the court and may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution under section 169A.20, if any. The hearing must be recorded. The commissioner shall appear and be represented by the attorney general or through the prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest practicable date, and in any event no later than 60 days following the filing of the petition for review. The judicial district administrator shall establish procedures to ensure efficient compliance with this subdivision. To accomplish this, the administrator may, whenever possible, consolidate and transfer review hearings among the locations within the judicial district where terms of district court are held.
(b) The scope of the hearing is limited to the issues in clauses (1) to (13):
(1) Did the peace officer have probable cause to believe the person was driving, operating, or in physical control of a motor vehicle or commercial motor vehicle in violation of section 169A.20?
(2) Was the person lawfully placed under arrest for violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death?
(4) Did a licensed peace officer apply for a search warrant in accordance with the requirements set forth in sections 626.04 to 626.18new text begin or conforming statutes in an adjacent statenew text end ?
(5) Did a neutral magistrate review the application for a search warrant and determine there was probable cause to believe that the person was driving, operating, or in physical control of a motor vehicle or commercial motor vehicle in violation of section 169A.20?
(6) Was the search warrant and the process by which it was obtained valid?
(7) At the time of directing the person to take the test, did the peace officer inform the person that refusing the test was a crime as required by subdivision 1?
(8) Did the person refuse to permit the test?
(9) If a test was taken by a person driving, operating, or in physical control of a motor vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols?
(10) If a test was taken by a person driving, operating, or in physical control of a commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time of testing?
(11) Was the testing method used valid and reliable and were the test results accurately evaluated?
(12) Did the person prove the defense of necessity?
(13) Did the person prove the defense of controlled substance use in accordance with a prescription?
(c) Certified or otherwise authenticated copies of laboratory or medical personnel reports, records, documents, licenses, and certificates are admissible as substantive evidence.
(d) The court shall order that the revocation or disqualification be either rescinded or sustained and forward the order to the commissioner. The court shall file its order within 14 days following the hearing. If the revocation or disqualification is sustained, the court shall also forward the person's driver's license or permit to the commissioner for further action by the commissioner if the license or permit is not already in the commissioner's possession.
(e) Any party aggrieved by the decision of the reviewing court may appeal the decision as provided in the Rules of Appellate Procedure.
(f) The civil hearing under this section shall not give rise to an estoppel on any issues arising from the same set of circumstances in any criminal prosecution.
(g) It is an affirmative defense for the petitioner to prove a necessity.
(h) It is an affirmative defense to the presence of a Schedule I or II controlled substance that the person used the controlled substance according to the terms of a prescription issued for the person according to sections 152.11 and 152.12, unless the court finds by a preponderance of the evidence that the use of the controlled substance impaired the person's ability to operate a motor vehicle.
"State emergency response asset" means any team or teams defined under this sectionnew text begin that has entered into a contractual agreement with the State Fire Marshal Divisionnew text end .
new text begin This section is effective the day following final enactment. new text end
"Urban search and rescue deleted text begin teamdeleted text end " or deleted text begin "USAR"deleted text end new text begin "US&R"new text end means a deleted text begin team trained and equipped to respond to and carry out rescue and recovery operations at the scene of a collapsed structure. A USAR team may include strategically located fire department assets combined under one joint powers agreementdeleted text end new text begin multihazard discipline that involves the location, extrication, and initial medical stabilization of victims trapped or missing because of a man-made or natural disasternew text end .
new text begin This section is effective the day following final enactment. new text end
The commissioner may use up to deleted text begin twodeleted text end new text begin tennew text end percent of the biennial appropriation for grants-in-aid to the youth intervention program to pay costs incurred by the department in administering the youth intervention program.
new text begin This section is effective the day following final enactment. new text end
A person who for a fee, reward, or other valuable consideration undertakes any of the following acts is considered to be engaged in the business of protective agent:
(1) providing guards, private patrol, or other security personnel to protect persons or their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or to prevent the misappropriation or concealment of goods, merchandise, money, or other valuable things, or to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television camera, still camera, or a mechanical or electronic device installed or used to prevent or detect burglary, theft, shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose of escorting a funeral procession and oversized loads; deleted text begin ordeleted text end
(5) providing management and control of crowds for the purpose of safety and protectiondeleted text begin .deleted text end new text begin ; ornew text end
new text begin (6) providing guards or other security personnel to transport prisoners or any other person arrested on a warrant, except that this does not apply to the transport or escort of offenders by staff of the Department of Corrections; the transport of a person by the sheriff of a county to the appropriate adult or juvenile correctional facility as designated by the commissioner of corrections or to and from court in connection with postconviction, habeas corpus, or intrastate mandatory disposition of detainers proceedings; the transfer of a person by emergency medical services personnel; or the transfer of a person by a peace officer as defined in section 626.84, subdivision 1, paragraph (c). new text end
A person covered by this subdivision may perform the traffic-control duties in clause (4) in place of a police officer when a special permit is required, provided that the protective agent is first-aid qualified.
new text begin (a) new text end The board may revoke or suspend or refuse to issue or reissue a private detective or protective agent license if:
(1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted under those sections;
(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the business of private detective or protective agent;
(3) the license holder has made a false statement in an application submitted to the board or in a document required to be submitted to the board;
(4) the license holder violates an order of the board; or
(5) the individual or entity previously operated without a license.
new text begin (b) The board must revoke or suspend or refuse to issue or reissue a protective agent license if the license holder provides guards or other security personnel to transport prisoners or any other person arrested on a warrant and the board determines that the license holder or any employee or agent of the license holder committed an act in any place that, if committed in Minnesota, would constitute criminal sexual conduct against a person being transported or committed an act in any place that involved the unreasonable use of force on a person being transported. new text end
The board shall, by rule, establish a graduated schedule of administrative penalties for violations of sections 326.32 to 326.339 or the board's rules. The schedule must include minimum and maximum penalties for each violation and be based on and reflect the culpability, frequency, and severity of the violator's actions. new text begin The minimum penalty for an act described in section 326.3387, subdivision 1, paragraph (b), must be $10,000 for each act. new text end The board may impose a penalty from the schedule on a license holder for a violation of sections 326.32 to 326.339 or the rules of the board. The penalty is in addition to any criminal penalty imposed for the same violation. Administrative penalties imposed by the board must be paid to the general fund.
new text begin (a) For purposes of this section, the following terms have the meanings given. new text end
new text begin (b) "Commissioner" means the commissioner of public safety. new text end
new text begin (c) "Working group" means the motor vehicle registration compliance working group required under this section. new text end
new text begin The commissioner of public safety must convene a working group by September 1, 2024, to examine motor vehicle registration and registration tax collection and compliance. new text end
new text begin (a) In addition to appropriate representatives of the Department of Public Safety, the commissioner must solicit the following individuals to participate in the working group: new text end
new text begin (1) one member representing the Department of Transportation, appointed by the commissioner of transportation; new text end
new text begin (2) one member representing the Department of Revenue, appointed by the commissioner of revenue; new text end
new text begin (3) one member representing Tribal governments; new text end
new text begin (4) one member appointed by the Center for Transportation Studies at the University of Minnesota; new text end
new text begin (5) one member appointed by the Minnesota Chiefs of Police Association; new text end
new text begin (6) one member appointed by the Minnesota Sheriffs' Association; new text end
new text begin (7) one member appointed by the Minnesota Peace and Police Officers Association; new text end
new text begin (8) one member appointed by the Association of Minnesota Counties; new text end
new text begin (9) one member appointed by the League of Minnesota Cities; new text end
new text begin (10) one member appointed by the Minnesota Deputy Registrars Association; new text end
new text begin (11) one member appointed by the Deputy Registrar Business Owners Association; new text end
new text begin (12) one member appointed by the Minnesota Automobile Dealers Association; new text end
new text begin (13) one member appointed by AAA Minnesota; and new text end
new text begin (14) one member appointed by the Minnesota Transportation Alliance. new text end
new text begin (b) The commissioner may solicit participation in the working group by additional individuals if the commissioner determines that particular expertise or perspective would be beneficial to the working group in the performance of its duties. new text end
new text begin Members of the working group serve at the pleasure of the appointing authority or until the working group expires. Vacancies must be filled by the appointing authority. new text end
new text begin (a) At a minimum, the working group must: new text end
new text begin (1) identify and evaluate potential methods for enforcement of motor vehicle registration and registration tax payment requirements that would replace enforcement through the use of criminal penalties, including but not limited to: new text end
new text begin (i) alignment with individual income taxes; new text end
new text begin (ii) revenue recapture; and new text end
new text begin (iii) retention of license plates with a vehicle following a change of vehicle ownership; and new text end
new text begin (2) develop recommendations, a legislative proposal, or both, related to motor vehicle registration and registration tax compliance through methods other than the use of criminal penalties. new text end
new text begin (b) In evaluating methods under paragraph (a), clause (2), the working group must use criteria that include effectiveness, administrative efficiency, equity, burdens on motor vehicle owners, and substantial elimination of vehicle registration enforcement through traffic stops performed by peace officers. new text end
new text begin (a) The commissioner must provide administrative support to the working group. Upon request of the working group, the commissioners of transportation and revenue must provide relevant technical support. new text end
new text begin (b) Members of the working group are not eligible for compensation. new text end
new text begin (c) The working group is subject to the Minnesota Open Meeting Law under Minnesota Statutes, chapter 13D. new text end
new text begin (d) The working group is subject to the Minnesota Data Practices Act under Minnesota Statutes, chapter 13. new text end
new text begin By February 15, 2025, the commissioner must submit a report on motor vehicle registration compliance to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over transportation and public safety. At a minimum, the report must summarize the activities of the working group and provide information related to each of the duties specified in subdivision 3. new text end
new text begin The working group expires June 30, 2025. new text end
new text begin The Task Force on Holistic and Effective Responses to Illicit Drug Use is established to review the reports on approaches to address illicit drug use in Minnesota prepared and submitted pursuant to Laws 2023, chapter 52, article 2, section 3, subdivision 8, paragraph (v); develop a phased timeline for implementation of policy changes; and make policy and funding recommendations to the legislature. new text end
new text begin (a) The task force consists of the following members: new text end
new text begin (1) the state public defender or a designee; new text end
new text begin (2) two county attorneys, one from a county in the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, and one from a county outside the metropolitan area, appointed by the Minnesota County Attorneys Association; new text end
new text begin (3) one peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), appointed by the Minnesota Sheriffs' Association; new text end
new text begin (4) one peace officer, as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), appointed by the Minnesota Police and Peace Officers Association; new text end
new text begin (5) two medical professionals, one with expertise in substance use disorder treatment and one with experience working with harm reduction providers, appointed by the Minnesota Medical Association; new text end
new text begin (6) one member appointed by the Minnesota Association of Criminal Defense Lawyers; new text end
new text begin (7) one member representing a Tribal government, appointed by the Indian Affairs Council; new text end
new text begin (8) one member with knowledge of expungement law, representing criminal legal reform organizations; new text end
new text begin (9) one academic researcher specializing in drug use or drug policy; new text end
new text begin (10) one member with lived experience with drug use; new text end
new text begin (11) one member who resides in a community that has been disproportionately impacted by drug sentencing laws; new text end
new text begin (12) one member representing an organization with knowledge of youth intervention services and the juvenile justice system; and new text end
new text begin (13) one member, appointed by the Minnesota Association of County Social Service Administrators, with experience administering supportive social services, including mental health, substance use disorder, housing, and other related services. new text end
new text begin (b) The members identified in paragraph (a), clauses (8) to (12), must be appointed by the governor. new text end
new text begin (c) Appointments must be made no later than August 31, 2024. new text end
new text begin (d) Members of the task force serve without compensation. new text end
new text begin (e) Members of the task force serve at the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing authority consistent with the qualifications of the vacating member required by this subdivision. new text end
new text begin (a) The task force must: new text end
new text begin (1) review and analyze the research and recommendations released in reports prepared by Rise Research pursuant to Laws 2023, chapter 52, article 2, section 3, subdivision 8, paragraph (v); new text end
new text begin (2) collect, review, and analyze other relevant information and data; new text end
new text begin (3) gather and consider input and feedback from the public, including but not limited to feedback from individuals with lived experience involving the use of illicit drugs and family members of persons with that lived experience; and new text end
new text begin (4) make recommendations, including specific plans and timeline goals, to implement and fund policies addressing illicit drug use, with the goal of reducing and, where possible, preventing harm to users of illicit drugs and promoting the health and safety of individuals and communities. new text end
new text begin (b) The task force may examine other issues relevant to the duties specified in this subdivision. new text end
new text begin (a) The director of the Office of Addiction and Recovery shall convene the first meeting of the task force by September 30, 2024. new text end
new text begin (b) At the first meeting, the members of the task force shall elect a chair and vice-chair, and may elect other officers as the members deem necessary. new text end
new text begin (c) The task force shall meet monthly or as determined by the chair. The task force shall meet a sufficient amount of time to accomplish the tasks identified in this section. Meetings of the task force are subject to Minnesota Statutes, chapter 13D. new text end
new text begin The Office of Addiction and Recovery shall provide support staff, office and meeting space, and administrative services for the task force. new text end
new text begin The task force must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety, health, and human services on the work, findings, and recommendations of the task force. The recommendations of the task force must include proposed legislation and implementation plans. The task force must submit the report by February 15, 2025. The task force may submit additional information to the legislature. new text end
new text begin The task force expires on June 30, 2025. new text end
new text begin The Task Force on Domestic Violence and Firearm Surrender is established to review existing laws that require the surrender of firearms by individuals subject to an order for protection, subject to an extreme risk protection order, or convicted of domestic assault, harassment, or stalking; identify best practices to ensure the surrender of firearms that prioritize the safety of peace officers, victims, and others; identify policies and procedures that reduce the danger to peace officers and other emergency responders called to an incident involving domestic violence; and make policy and funding recommendations to the legislature. new text end
new text begin (a) The task force consists of the following members: new text end
new text begin (1) the commissioner of public safety, or a designee; new text end
new text begin (2) the director of the Missing and Murdered Indigenous Relatives Office, or a designee; new text end
new text begin (3) the chief justice of the supreme court, or a designee; new text end
new text begin (4) the state public defender, or a designee; new text end
new text begin (5) a county attorney appointed by the Minnesota County Attorneys Association; new text end
new text begin (6) an individual appointed by the Indian Affairs Council; new text end
new text begin (7) a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), appointed by the Minnesota Chiefs of Police Association; new text end
new text begin (8) a peace officer as defined in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c), appointed by the Minnesota Sheriffs' Association; new text end
new text begin (9) an individual appointed by Violence Free Minnesota; new text end
new text begin (10) an individual appointed by Minnesota Coalition Against Sexual Assault; and new text end
new text begin (11) an individual appointed by the Gun Violence Prevention Law Clinic at the University of Minnesota Law School. new text end
new text begin (b) Appointments must be made no later than September 1, 2024. new text end
new text begin (c) Members shall serve without compensation. new text end
new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until the task force expires. Vacancies shall be filled by the appointing authority consistent with the qualifications of the vacating member required by this subdivision. new text end
new text begin (a) The commissioner of public safety shall convene the first meeting of the task force no later than September 15, 2024, and shall provide meeting space and administrative assistance for the task force to conduct its work. new text end
new text begin (b) At its first meeting, the task force must elect a chair and vice-chair from among its members. The task force may elect other officers as necessary. new text end
new text begin (c) The task force shall meet at least monthly or upon the call of the chair. The task force shall meet a sufficient amount of time to accomplish the tasks identified in this section. Meetings of the task force are subject to Minnesota Statutes, chapter 13D. new text end
new text begin (a) The task force shall, at a minimum: new text end
new text begin (1) examine existing laws requiring the surrender of firearms by individuals subject to orders for protection, convicted of domestic assault, and convicted of harassment or stalking; new text end
new text begin (2) examine existing policies and procedures, if any, used in Minnesota to enforce orders requiring the surrender of firearms by individuals subject to an order for protection or convicted of domestic assault, harassment, or stalking; new text end
new text begin (3) examine laws, policies, and procedures in other states related to enforcing orders requiring the surrender of firearms; new text end
new text begin (4) identify barriers to enforcing orders in Minnesota that require the surrender of firearms by individuals subject to an order for protection or convicted of domestic assault, harassment, or stalking; new text end
new text begin (5) identify best practices for enforcing orders requiring the surrender of firearms, prioritizing practices that protect the safety of peace officers, prosecutors, judges and court staff, victims, and others; new text end
new text begin (6) identify policies and procedures that reduce the danger to peace officers and other emergency responders called to an incident involving domestic violence; and new text end
new text begin (7) make policy and funding recommendations to the legislature. new text end
new text begin (b) At its discretion, the task force may examine other issues consistent with this section. new text end
new text begin The task force may issue recommendations and reports at any time during its existence. By February 1, 2025, the task force must submit a report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety finance and policy on the findings and recommendations of the task force. new text end
new text begin The task force expires the day after submitting its report under subdivision 5. new text end
new text begin In addition to the uses specified in Laws 2023, chapter 52, article 2, section 3, subdivision 3, paragraph (d), the Grand Portage Band of Lake Superior Chippewa may use the grant awarded for equipment, personnel, patrolling, and other related costs of providing coast guard services off the north shore of Lake Superior. new text end
(a) The commissioner may impose disciplinary action as described in section 146A.09 against any unlicensed complementary and alternative health care practitioner. The following conduct is prohibited and is grounds for disciplinary action:
(b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States, reasonably related to engaging in complementary and alternative health care practices. Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned but the adjudication of guilt is either withheld or not entered.
(c) Conviction of any crime against a person. For purposes of this chapter, a crime against a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1new text begin or 1bnew text end ; 609.50, subdivision 1, clause (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes 2012, section 609.21.
(d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision 7.
(e) Engaging in sexual contact with a complementary and alternative health care client, engaging in contact that may be reasonably interpreted by a client as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to the client, or engaging in sexual exploitation of a client or former client.
(f) Advertising that is false, fraudulent, deceptive, or misleading.
(g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health, welfare, or safety of a complementary and alternative health care client; or any other practice that may create danger to any client's life, health, or safety, in any of which cases, proof of actual injury need not be established.
(h) Adjudication as mentally incompetent or as a person who is dangerous to self or adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous person.
(i) Inability to engage in complementary and alternative health care practices with reasonable safety to complementary and alternative health care clients.
(j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.
(k) Improper or unauthorized personal or other use of any legend drugs as defined in chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined in chapter 152.
(l) Revealing a communication from, or relating to, a complementary and alternative health care client except when otherwise required or permitted by law.
(m) Failure to comply with a complementary and alternative health care client's request made under sections 144.291 to 144.298 or to furnish a complementary and alternative health care client record or report required by law.
(n) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the complementary and alternative health care client.
(o) Engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws.
(p) Failure to make reports as required by section 146A.03 or cooperate with an investigation of the office.
(q) Obtaining money, property, or services from a complementary and alternative health care client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud.
(r) Failure to provide a complementary and alternative health care client with a copy of the client bill of rights or violation of any provision of the client bill of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary grounds established by the commissioner by rule.
(v) Revocation, suspension, restriction, limitation, or other disciplinary action against any health care license, certificate, registration, or right to practice of the unlicensed complementary and alternative health care practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary action in this state or failure to report to the office that charges regarding the practitioner's license, certificate, registration, or right of practice have been brought in this or another state or jurisdiction.
(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any other words, letters, or insignia to describe the complementary and alternative health care practices the practitioner provides.
(x) Failure to provide a complementary and alternative health care client with a recommendation that the client see a health care provider who is licensed or registered by a health-related licensing board or the commissioner of health, if there is a reasonable likelihood that the client needs to be seen by a licensed or registered health care provider.
new text begin This section is effective August 1, 2024, and applies to violations that occur on or after that date. new text end
(a) A person convicted under the provisions of subdivision 2, clause (1), who has not been previously convicted of a violation of this chapter or a similar offense in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled substance possessed, other than heroin, is less than 0.25 grams or one dosage unit or less if the controlled substance was possessed in dosage units; or (2) the controlled substance possessed is heroin and the amount possessed is less than 0.05 grams.
(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1), unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
new text begin (c) If a peace officer encounters a person who is suspected of violating this section, the peace officer may refer the person to a local service provider that can offer substance use assistance to the person. Upon request at the time of initial contact, a peace officer must, if practicable and available, provide a person suspected of violating this section with a referral to local service providers. For purposes of this paragraph, "local service provider" includes but is not limited to substance use disorder treatment and recovery providers, peer support groups and systems, homeless shelters, detoxification centers, hospital systems, mental health crisis centers, naloxone providers, syringe service providers, and harm reduction programs. new text end
As used in this section, "crime against the person" means a violation of any of the following or a similar law of another state or of the United States: section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.2247; 609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 1new text begin or 1bnew text end ; 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.
Except as otherwise provided in subdivisions 2 deleted text begin and 3deleted text end new text begin to 4new text end , reasonable force may be used upon or toward the person of another without the other's consent when the following circumstances exist or the actor reasonably believes them to exist:
(1) when used by a public officer or one assisting a public officer under the public officer's direction:
(i) in effecting a lawful arrest; or
(ii) in the execution of legal process; or
(iii) in enforcing an order of the court; or
(iv) in executing any other duty imposed upon the public officer by law; or
(2) when used by a person not a public officer in arresting another in the cases and in the manner provided by law and delivering the other to an officer competent to receive the other into custody; or
(3) when used by any person in resisting or aiding another to resist an offense against the person; or
(4) when used by any person in lawful possession of real or personal property, or by another assisting the person in lawful possession, in resisting a trespass upon or other unlawful interference with such property; or
(5) when used by any person to prevent the escape, or to retake following the escape, of a person lawfully held on a charge or conviction of a crime; or
(6) when used by a parent, guardian, or other lawful custodian of a child, in the exercise of lawful authority, to restrain or correct such child; or
(7) when used by a teacher, school principal, school employee, school bus driver, or other agent of a district in the exercise of lawful authority, to restrain a child or pupil to prevent bodily harm or death to the child, pupil, or another; or
(8) when used by a common carrier in expelling a passenger who refuses to obey a lawful requirement for the conduct of passengers and reasonable care is exercised with regard to the passenger's personal safety; or
(9) when used to restrain a person with a mental illness or a person with a developmental disability from self-injury or injury to another or when used by one with authority to do so to compel compliance with reasonable requirements for the person's control, conduct, or treatment; or
(10) when used by a public or private institution providing custody or treatment against one lawfully committed to it to compel compliance with reasonable requirements for the control, conduct, or treatment of the committed person.
new text begin This section is effective August 1, 2024, and applies to crimes committed on or after that date. new text end
new text begin Force may not be used against another based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived sexual orientation, gender identity, or gender expression. new text end
new text begin This section is effective August 1, 2024, and applies to crimes committed on or after that date. new text end
An act committed while in a state of voluntary intoxication is not less criminal by reason thereof, but when a particular intent or other state of mind is a necessary element to constitute a particular crime, the fact of intoxication may be taken into consideration in determining such intent or state of mind.
new text begin It is not a defense to a crime that the defendant acted based on the discovery of, knowledge about, or potential disclosure of the victim's actual or perceived sexual orientation, gender identity, or gender expression. new text end
new text begin This section is effective August 1, 2024, and applies to crimes committed on or after that date. new text end
new text begin (a) If the court imposes a deferred sentence under subdivision 2, paragraph (b), the court shall prepare a deferred sentence report containing the following information: new text end
new text begin (1) the name of the defendant; new text end
new text begin (2) the case number; new text end
new text begin (3) the underlying charge or charges; new text end
new text begin (4) the fact that proceedings have been deferred pursuant to this section; new text end
new text begin (5) the length of the term of probation ordered by the court; new text end
new text begin (6) the conditions of probation; and new text end
new text begin (7) a copy of the sentencing worksheet prepared pursuant to section 609.115, if a worksheet was prepared. new text end
new text begin (b) If the defendant violates a condition of probation and the court enters an adjudication of guilt as described in subdivision 2, paragraph (d), the court shall prepare a violation report containing the following information: new text end
new text begin (1) the name of the defendant; new text end
new text begin (2) the case number; new text end
new text begin (3) whether the violation was a technical violation as defined in section 244.195, subdivision 15, or involved allegation of a subsequent criminal act; and new text end
new text begin (4) the sentence announced by the court. new text end
new text begin (c) The deferred sentence report prepared under paragraph (a), any violation report prepared under paragraph (b), and a record of any discharge and dismissal prepared pursuant to subdivision 3 must be forwarded to the Sentencing Guidelines Commission. By January 15 of each year, the Sentencing Guidelines Commission shall provide a report to the committees and divisions with jurisdiction over public safety finance and policy and veterans and military affairs finance and policy that consists solely of summary data and includes: new text end
new text begin (1) the number of individuals who received a deferred sentence pursuant to subdivision 2, paragraph (b), in the previous year, disaggregated by county; new text end
new text begin (2) the number of individuals who received an adjudication of guilt as described in subdivision 2, paragraph (d), in the previous year, disaggregated by county; new text end
new text begin (3) for the individuals identified in clause (2), the number who committed a technical violation of probation and the number alleged to have committed a subsequent criminal act; and new text end
new text begin (4) the number of proceedings dismissed pursuant to subdivision 3 in the previous year, disaggregated by county. new text end
new text begin (d) The report required under paragraph (c) may be submitted as a section of any other annual report required to be submitted by the Sentencing Guidelines Commission. new text end
new text begin This section is effective August 1, 2024, and applies to deferred sentences announced on or after that date. new text end
(a) As used in this section, the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1new text begin or 1bnew text end ; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.
(a) Except as provided in paragraph (b), if the conviction is for a felony, the stay shall be for not more than five years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is less.
(b) If the conviction is for a felony deleted text begin described indeleted text end new text begin violation of, or a felony-level attempt or conspiracy to violate,new text end section 609.19; 609.195; 609.20; 609.2112; 609.2113, subdivision 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3458; or 609.749new text begin ; or a felony-level attempt or conspiracy to violate section 609.185 or 609.2661new text end , the stay shall be for not more than four years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is longer.
(c) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113, subdivision 3, or 609.3451, the stay shall be for not more than four years. The court shall provide for unsupervised probation for the last year of the stay unless the court finds that the defendant needs supervised probation for all or part of the last year.
(d) If the conviction is for a gross misdemeanor not specified in paragraph (c), the stay shall be for not more than two years.
(e) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision 1, in which the victim of the crime was a family or household member as defined in section 518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised probation for the second year of the stay unless the court finds that the defendant needs supervised probation for all or part of the second year.
(f) If the conviction is for a misdemeanor not specified in paragraph (e), the stay shall be for not more than one year.
(g) The defendant shall be discharged six months after the term of the stay expires, unless the stay has been revoked or extended under paragraph (h), or the defendant has already been discharged.
(h) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (g), a court may extend a defendant's term of probation for up to one year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution that the defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104.
(i) Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to (g), a court may extend a defendant's term of probation for up to three years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of probation expires.
new text begin This section is effective August 1, 2024, and applies to sentences announced on or after that date. new text end
(a) When it appears that the defendant has violated any of the conditions of probation or intermediate sanction, or has otherwise been guilty of misconduct deleted text begin whichdeleted text end new text begin thatnew text end warrants the deleted text begin imposingdeleted text end new text begin adjudication of guilt, or impositionnew text end or execution of sentence, the court may without notice revoke the stay and direct that the defendant be taken into immediate custody. Revocation shall only be used as a last resort when rehabilitation has failed.
(b) When it appears that the defendant violated any of the conditions of probation during the term of the stay, but the term of the stay has since expired, the defendant's probation officer or the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of Criminal Procedure at any time within six months after the expiration of the stay. The court also may initiate proceedings under these circumstances on its own motion. If proceedings are initiated within this six-month period, the court may conduct a revocation hearing and take any action authorized under rule 27.04 at any time during or after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after proceedings to revoke the stay have been initiated by a court order revoking the stay and directing either that the defendant be taken into custody or that a summons be issued in accordance with paragraph (a), the proceedings to revoke the stay may be concluded and the summary hearing provided by subdivision 2 may be conducted after the expiration of the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke the stay shall not be dismissed on the basis that the summary hearing is conducted after the term of the stay or after the six-month period. The ability or inability to locate or apprehend the defendant prior to the expiration of the stay or during or after the six-month period shall not preclude the court from conducting the summary hearing unless the defendant demonstrates that the delay was purposefully caused by the state in order to gain an unfair advantage.
The defendant shall thereupon be notified in writing and in such manner as the court directs of the grounds alleged to exist for revocation of the stay deleted text begin of imposition or execution of sentencedeleted text end . If such grounds are brought in issue by the defendant, a summary hearing shall be held thereon at which the defendant is entitled to be heard and to be represented by counsel.
If any of such grounds are found to exist the court may:
(1) if imposition of sentence was previously stayed, again stay sentence or impose sentence and stay the execution thereof, and in either event place the defendant on probation or order intermediate sanctions pursuant to section 609.135, or impose sentence and order execution thereof; deleted text begin ordeleted text end
(2) if sentence was previously imposed and execution thereof stayed, continue such stay and place the defendant on probation or order intermediate sanctions in accordance with the provisions of section 609.135, or order execution of the sentence previously imposednew text begin ; ornew text end
new text begin (3) if adjudication was stayed or prosecution was deferred, continue the stay without intermediate sanctions, continue it with intermediate sanctions, or adjudicate guilt and proceed as otherwise provided, including, in the event of a felony conviction, as provided in section 244.10new text end .
new text begin For the purposes of this section, "stay" means a stay of adjudication, a stay of imposition, a stay of execution, or a deferred prosecution. new text end
(a) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $40,000, or both:
(1) engages in prostitution with an individual under the age of 14 years;
(2) hires or offers or agrees to hire an individual under the age of 14 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 14 years to engage in sexual penetration or sexual contact.
(b) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an individual under the age of 16 years but at least 14 years;
(2) hires or offers or agrees to hire an individual under the age of 16 years but at least 14 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 16 years but at least deleted text begin 13deleted text end new text begin 14new text end years to engage in sexual penetration or sexual contact.
(c) Whoever intentionally does any of the following may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an individual under the age of 18 years but at least 16 years;
(2) hires or offers or agrees to hire an individual under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual contact.
new text begin This section is effective August 1, 2024, and applies to crimes committed on or after that date. new text end
(a) As used in this section, the following terms have the meanings given.
(b) "Pattern of retail theft" means acts committed or directed by the defendant on at least two separate occasions in the preceding six months that would constitute a violation of:
(1) section 609.52, subdivision 2, paragraph (a), deleted text begin clausesdeleted text end new text begin clausenew text end (1), (3), deleted text begin anddeleted text end new text begin ornew text end (4), involving retail merchandise;
(2) section 609.521;
(3) section 609.53, subdivision 1, involving retail merchandise;
(4) section 609.582 when the building was a retail establishment; or
(5) section 609.59.
(c) "Retail establishment" means the building where a retailer sells retail merchandise.
(d) "Retail merchandise" means all forms of tangible property, without limitation, held out for sale by a retailer.
(e) "Retail theft enterprise" means a group of two or more individuals with a shared goal involving the unauthorized removal of retail merchandise from a retailer. Retail theft enterprise does not require the membership of the enterprise to remain the same or that the same individuals participate in each offense committed by the enterprise.
(f) "Retailer" means a person or entity that sells retail merchandise.
(g) "Value" means the retail market value at the time of the theft or, if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft.
A person is guilty of organized retail theft if:
(1) the person is employed by or associated with a retail theft enterprise;
(2) the person has previously engaged in a pattern of retail theft and intentionally commits an act or directs another member of the retail theft enterprise to commit an act involving retail merchandise that would constitute a violation of:
(i) section 609.52, subdivision 2, paragraph (a), deleted text begin clausesdeleted text end new text begin clausenew text end (1), (3), deleted text begin anddeleted text end new text begin ornew text end (4); or
(ii) section 609.53, subdivision 1; and
(3) the person or another member of the retail theft enterprise:
(i) resells or intends to resell the stolen retail merchandise;
(ii) advertises or displays any item of the stolen retail merchandise for sale; or
(iii) returns any item of the stolen retail merchandise to a retailer for anything of value.
new text begin Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $5,000, or both, if the person places the call with the intent of prompting an emergency response to the home of: new text end
new text begin (1) an elected official; new text end
new text begin (2) a judge as defined in section 609.221, subdivision 6, clause (5); new text end
new text begin (3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4); new text end
new text begin (4) an employee of a correctional facility as defined in section 241.021, subdivision 1i; or new text end
new text begin (5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c). new text end
new text begin This section is effective August 1, 2024, and applies to crimes committed on or after that date. new text end
(a) Except as provided in paragraph (b), for purposes of this section, "emergency call" means:
(1) a 911 call;
(2) any call for emergency medical or ambulance service; or
(3) any call for assistance from a police or fire department or for other assistance needed in an emergency to avoid serious harm to person or property,
and an emergency exists.
(b) As used in subdivisions 1, clause (6); 2, clause (2); deleted text begin anddeleted text end 2anew text begin ; and 2cnew text end :
(1) "call" includes the use of any method of communication including, but not limited to: telephones, facsimiles, Voice over Internet Protocols, email messages, text messages, and electronic transmissions of an image or video; and
(2) "emergency call" has the meaning given in paragraph (a) but does not require the existence of an emergency.
new text begin This section is effective August 1, 2024. new text end
new text begin (a) For purposes of this section, the following terms have the meanings given. new text end
new text begin (b) "Human remains" means any part of a dead human body, the cremated remains of a dead human body, or the hydrolyzed remains of a dead human body. new text end
new text begin (c) "Law enforcement agency" has the meaning given in section 626.84, subdivision 1, paragraph (f). new text end
new text begin (d) "Local organization for emergency management" has the meaning given in section 12.03, subdivision 6. new text end
new text begin (e) "Search and rescue unit" means an organization, team, or individual authorized by the state or federal government, a Tribal government, or by a county, city, town, or a metropolitan airports commission organized and existing under sections 473.601 to 473.679 whose mission is to locate lost, missing, or trapped persons, victims of natural or other disasters, and human bodies. new text end
new text begin (a) Except as provided in paragraph (b), a person is prohibited from selling human remains or offering human remains for sale. new text end
new text begin (b) Paragraph (a) shall not be construed to limit the donation of human remains: new text end
new text begin (1) to a licensed health care provider, an individual employed by or under contract with a licensed health care provider, a public or private postsecondary educational institution, or an individual employed by or under contract with a public or private postsecondary educational institution, for legitimate medical or scientific purposes or for educational purposes; new text end
new text begin (2) to a company registered with the United States Food and Drug Administration or an individual, company, or entity employed by or under contract with a company registered with the United States Food and Drug Administration for legitimate medical or scientific purposes, including but not limited to the development, manufacturing, and research of medical products; or new text end
new text begin (3) to a law enforcement agency, search and rescue unit, or local organization for emergency management to conduct search and rescue training or to entities that train dogs to locate dead human bodies. new text end
new text begin (c) Paragraph (a) does not apply to the sale or offer for sale of human remains that is incidental to the sale of real property, including undisturbed burial plots, cemeteries, crypts, or other burial features. new text end
new text begin (d) Nothing in this section shall be construed to prohibit a person from recovering reasonable expenses for the processing, preservation, quality control, storage, transportation, or final disposition of human remains for the legitimate purposes as described in this section. new text end
new text begin A person who violates this section is guilty of a felony. new text end
new text begin This section is effective the day following final enactment and applies to crimes committed on or after that date. new text end
(a) As used in this section, unless the context clearly indicates otherwise, the following terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal Apprehension.
new text begin (c) "Conservator" has the meaning given in chapter 524. new text end
deleted text begin (c)deleted text end new text begin (d)new text end "Corrections agent" means a county or state probation agent or other corrections employee. The term also includes United States Probation and Pretrial Services System employees who work with a person subject to this section.
deleted text begin (d)deleted text end new text begin (e)new text end "Dwelling" means the building where the person lives under a formal or informal agreement to do so. However, dwelling does not include a supervised publicly or privately operated shelter or facility designed to provide temporary living accommodations for homeless individuals as defined in section 116L.361, subdivision 5.
new text begin (f) "Guardian" has the meaning given in chapter 524. new text end
deleted text begin (e)deleted text end new text begin (g)new text end "Incarceration" and "confinement" do not include electronic home monitoring.
deleted text begin (f)deleted text end new text begin (h)new text end "Law enforcement authority" or "authority" means the chief of police of a home rule charter or statutory city and the county sheriff of an unincorporated area in that county. An authority must be located in Minnesota.
deleted text begin (g)deleted text end new text begin (i)new text end "Motor vehicle" has the meaning given in section 169.011, subdivision 92.
new text begin (j) "Power of attorney" has the meaning given in chapter 523. new text end
deleted text begin (h)deleted text end new text begin (k)new text end "Primary address" means the mailing address of the person's dwelling. If the mailing address is different from the actual location of the dwelling, primary address also includes the physical location of the dwelling described with as much specificity as possible.
deleted text begin (i)deleted text end new text begin (l)new text end "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.
deleted text begin (j)deleted text end new text begin (m)new text end "Secondary address" means the mailing address of any place where the person regularly or occasionally stays overnight when not staying at the person's primary address. If the mailing address is different from the actual location of the place, secondary address also includes the physical location of the place described with as much specificity as possible. However, the location of a supervised publicly or privately operated shelter or facility designated to provide temporary living accommodations for homeless individuals as defined in section 116L.361, subdivision 5, does not constitute a secondary address.
deleted text begin (k)deleted text end new text begin (n)new text end "Treatment facility" means a residential facility, as defined in section 244.052, subdivision 1, and residential substance use disorder 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.
deleted text begin (l)deleted text end new text begin (o)new text end "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.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph (h);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of new text begin Minnesota Statutes 2020,new text end section 609.2325, subdivision 1, paragraph (b);
deleted text begin (ii) false imprisonment in violation of section 609.255, subdivision 2; deleted text end
deleted text begin (iii)deleted text end new text begin (ii)new text end solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
deleted text begin (iv)deleted text end new text begin (iii)new text end a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
deleted text begin (v)deleted text end new text begin (iv)new text end soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
deleted text begin (vi)deleted text end new text begin (v)new text end using a minor in a sexual performance in violation of section 617.246; or
deleted text begin (vii)deleted text end new text begin (vi)new text end possessingnew text begin or disseminating anew text end pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to an offense or involving similar circumstances to an offense described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to an offense or involving similar circumstances to an offense described in paragraph (a), clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.
new text begin This section is effective July 1, 2024, and applies to: new text end
new text begin (1) convictions and delinquency adjudications for a violation of Minnesota Statutes, section 609.255, subdivision 2, or another offense arising out of the same set of circumstances that occur on or after that date and to convictions and delinquency adjudications for such an offense that are not yet final on that date; and new text end
new text begin (2) convictions and delinquency adjudications for disseminating a pornographic work involving a minor in violation of Minnesota Statutes, section 617.247, or another offense arising out of the same set of circumstances that occur on or after that date and to convictions and delinquency adjudications for such an offense that occurred before that date if the court told the person of the duty to register. new text end
(a) Except as provided in subdivision 3a, 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 authority that has jurisdiction in the area of the person's primary address.
(b) Except as provided in subdivision 3a, at least five days before the person starts living at a new primary address, including living in another state, the person shall give written notice of the new primary 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. A person required to register under this section shall also give written notice to the assigned corrections agent or to the law enforcement authority that has jurisdiction in the area of the person's primary address that the person is no longer living or staying at an address, immediately after the person is no longer living or staying at that address. The written notice required by this paragraph must be provided in person. The corrections agent or law enforcement authority shall, within two business days after receipt of this information, forward it to the bureau. The bureau 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 shall notify the registration authority in the new state of the new address. The person's registration requirements under this section are suspended after the person begins living in the new state and the bureau has confirmed the address in the other state through the annual verification process on at least one occasion. new text begin The bureau may also attempt to confirm the person's address in the other state by the following methods:new text end
new text begin (1) receipt of a verification letter from the law enforcement authority having primary jurisdiction in the community where the person is now living, acknowledging the person's address; new text end
new text begin (2) receipt of a written communication or verification letter from a criminal justice agency confirming the person's location; new text end
new text begin (3) confirmation of the individual's compliance with registration requirements or incarceration status in the new state via an online registry or website, if applicable; or new text end
new text begin (4) confirmation of the individual's motor vehicle records under United States Code, title 18, section 2721, in the new state via the new state's documentation. new text end
new text begin The bureau is the sole determinant as to whether the information provided by any of the methods in clauses (1) to (3) is sufficient for verification purposes and may use more than one of these methods to satisfy the verification requirement. For purposes of this subdivision, "criminal justice agency" means an agency of a state, a political subdivision, a federally recognized Tribe, a United States territory, or the federal government charged with detection, enforcement, prosecution, adjudication, or incarceration with respect to federal or state criminal laws. new text end The person's registration requirements under this section are reactivated if the person resumes living in Minnesota and the registration time period described in subdivision 6 has not expired.
(c) A person required to register under subdivision 1b, paragraph (b), because the person is working or attending school in Minnesota shall register with the law enforcement authority 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 shall comply with this paragraph within five days of beginning employment or school. A person's obligation to register under this paragraph terminates when the person is no longer working or attending school in Minnesota.
(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 primary address shall notify the person of this requirement.
new text begin Guardians and conservators of persons required to register shall have the authority to complete all verification and registration paperwork under this section and section 243.167 on the person's behalf. A validly executed power of attorney under chapter 523 grants the attorney in fact the authority to complete all verification and registration paperwork under this section and section 243.167 on behalf of a person required to register. new text end
(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, Minnesota Statutes 2012, section 253B.185, or chapter 253D, the ten-year registration period does not include the period of commitment.
(b) If a person required to register under this section fails to provide the person's primary address as required by subdivision 3, paragraph (b), fails to comply with the requirements of subdivision 3a, fails to provide information as required by subdivision 4a, or fails to return the verification form referenced in subdivision 4 within ten days, the commissioner of public safety shall require the person to continue to register for an additional period of five years. This five-year period is added to the end of the offender's registration period.
(c) If a person required to register under this section is incarcerated due to a conviction for a new offense new text begin that requires registration under this section or section 243.167 new text end or following a revocation of probation, supervised release, or conditional release for deleted text begin anydeleted text end new text begin annew text end offensenew text begin that requires registration under this section or section 243.167new text end , 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 1b, or any offense from another state or any federal offense similar to the offenses described in subdivision 1b, and the person has a prior conviction or adjudication for an offense for which registration was or would have been required under subdivision 1b, or an offense from another state or a federal offense similar to an offense described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency adjudication for an offense under section 609.185, paragraph (a), clause (2), or a similar statute from another state or the United States;
(3) if the person is required to register based upon a conviction for an offense under section 609.342, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e) or (h); 609.343, subdivision 1, clause (a) to (c) or (e), or subdivision 1a, clause (a) to (e) or (h); 609.344, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h); or 609.345, subdivision 1, clause (a) or (c), or subdivision 1a, clause (a), (c), (g), or (h); or a statute from another state or the United States similar to the offenses described in this clause; or
(4) if the person is required to register under subdivision 1b, paragraph (c), following commitment pursuant to a court commitment under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States.
(e) A person described in subdivision 1b, paragraph (b), who is required to register under the laws of a state in which the person has been previously convicted or adjudicated delinquent, shall register under this section for the time period required by the state of conviction or adjudication unless a longer time period is required elsewhere in this section.
new text begin This section is effective July 1, 2024, and applies to convictions and revocations of probation, supervised release, or conditional release that occur on or after that date and to convictions that are not yet final on that date. new text end
(a) The law enforcement agency in the area where the 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 and to adult members of the offender's immediate household;
(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 servicesnew text begin . The agency may disclose the information to property assessors, property inspectors, code enforcement officials, and child protection officials who are likely to visit the offender's home in the course of their dutiesnew text end ;
(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 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. This requirement on a law enforcement agency to continue to disclose information also applies to an offender who lacks a primary address and is registering under section 243.166, subdivision 3a.
(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.
(h) A city council may adopt a policy that addresses when information disclosed under this subdivision must be presented in languages in addition to English. The policy may address when information must be presented orally, in writing, or both in additional languages by the law enforcement agency disclosing the information. The policy may provide for different approaches based on the prevalence of non-English languages in different neighborhoods.
(i) An offender who is the subject of a community notification meeting held pursuant to this section may not attend the meeting.
(j) When a school, day care facility, or other entity or program that primarily educates or serves children receives notice under paragraph (b), clause (3), that a level III predatory offender resides or works in the surrounding community, notice to parents must be made as provided in this paragraph. If the predatory offender identified in the notice is participating in programs offered by the facility that require or allow the person to interact with children other than the person's children, the principal or head of the entity must notify parents with children at the facility of the contents of the notice received pursuant to this section. The immunity provisions of subdivision 7 apply to persons disclosing information under this paragraph.
(k) When an offender for whom notification was made under this subdivision no longer resides, is employed, or is regularly found in the area, and the law enforcement agency that made the notification is aware of this, the agency shall inform the entities and individuals initially notified of the change in the offender's status. If notification was made under paragraph (b), clause (3), the agency shall provide the updated information required under this paragraph in a manner designed to ensure a similar scope of dissemination. However, the agency is not required to hold a public meeting to do so.
(a) 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 shallnew text begin :new text end
new text begin (1)new text end take into consideration the proximity of the offender's residence to that of other level III offenders deleted text begin anddeleted text end new text begin if the proximity presents a risk of reoffending;new text end
new text begin (2) take into consideration thenew text end proximity deleted text begin todeleted text end new text begin of the offender's residence to the following locations if the locations present a risk of reoffending:new text end
new text begin (i)new text end schoolsnew text begin ;new text end
new text begin (ii)new text end new text begin child care facilities or family or group family day care programs;new text end
new text begin (iii) licensed residences for vulnerable adults; new text end
new text begin (iv) attractions within public parks that are regularly used by minors, including but not limited to playgrounds or athletic fields; and new text end
new text begin (v) community centers and recreation centers that are regularly used in youth athletic activities or offer regularly scheduled indoor playtimes or access to gymnasiums and other facilities that are restricted to minors;new text end anddeleted text begin ,deleted text end
new text begin (3)new text end to the greatest extent feasible, deleted text begin shalldeleted text end mitigate the concentration of level III offenders and concentration of level III offenders near deleted text begin schoolsdeleted text end new text begin the locations listed in clause (2) when the concentration presents a risk of reoffendingnew text end .
(b) If the owner or property manager of a hotel, motel, lodging establishment, or apartment building has an agreement with an agency that arranges or provides shelter for victims of domestic abuse, the owner or property manager may not knowingly rent rooms to both level III offenders and victims of domestic abuse at the same time. If the owner or property manager has an agreement with an agency to provide housing to domestic abuse victims and discovers or is informed that a tenant is a level III offender after signing a lease or otherwise renting to the offender, the owner or property manager may evict the offender.
(a) When it is in the best interests of the child to do so and not inimical to public safety and when the child has admitted the allegations contained in the petition before the judge or referee, or when a hearing has been held as provided for in section 260B.163 and the allegations contained in the petition have been duly proven but, in either case, before a finding of delinquency has been entered, the court may continue the case for a period not to exceed 180 days on any one order. new text begin Except as otherwise provided in paragraph (c), new text end the continuance may be extended for one additional successive period not to exceed 180 days, but only with the consent of the prosecutor and only after the court has reviewed the case and entered its order for the additional continuance without a finding of delinquency. During a continuance the court may enter an order in accordance with the provisions of subdivision 1, except clause (4), or enter an order to hold the child in detention for a period not to exceed 15 days on any one order for the purpose of completing any consideration, or any investigation or examination ordered in accordance with the provisions of section 260B.157.
(b) A prosecutor may appeal a continuance ordered in contravention of this subdivision. This subdivision does not extend the court's jurisdiction under section 260B.193 and does not apply to an extended jurisdiction juvenile proceeding.
new text begin (c) A continuance granted under paragraph (a) for a violation of section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.746, subdivision 1; 609.79; or 617.23 or another offense arising out of a delinquency petition based on one or more of those sections that would require the child to register as a predatory offender under section 243.166 may be extended for additional successive periods not to exceed a total of 24 months so the offender can receive sex offender treatment, but only with the consent of the prosecutor and only after the court has reviewed the case and entered its order for the additional continuance without a finding of delinquency. new text end
(a) The responsible authority or its designee of a parole or probation authority or correctional agency may release private or confidential court services data related to:
(1) criminal acts to any law enforcement agency, if necessary for law enforcement purposes; and
(2) criminal acts or delinquent acts to the victims of criminal or delinquent acts to the extent that the data are necessary for the victim to assert the victim's legal right to restitution.
(b) A parole or probation authority, a correctional agency, or agencies that provide correctional services under contract to a correctional agency may release to a law enforcement agency the following data on defendants, parolees, or probationers: current address, dates of entrance to and departure from agency programs, and dates and times of any absences, both authorized and unauthorized, from a correctional program.
(c) The responsible authority or its designee of a juvenile correctional agency may release private or confidential court services data to a victim of a delinquent act to the extent the data are necessary to enable the victim to assert the victim's right to request notice of release under section 611A.06. The data that may be released include only the name, home address, and placement site of a juvenile who has been placed in a juvenile correctional facility as a result of a delinquent act.
(d) deleted text begin Upon the victim's written or electronic request and, if the victim and offender have been household or family members as defined in section 518B.01, subdivision 2, paragraph (b),deleted text end The commissioner of corrections or the commissioner's designee may disclose to the victim of an offender deleted text begin convicted of a qualified domestic violence-related offense as defined in section 609.02, subdivision 16,deleted text end notification of the city and five-digit zip code of the offender's residency upon or after release from a Department of Corrections facility, unlessdeleted text begin :deleted text end
deleted text begin (1) the offender is not under correctional supervision at the time of the victim's request; deleted text end
deleted text begin (2) the commissioner or the commissioner's designee does not have the city or zip code; or deleted text end
deleted text begin (3)deleted text end the commissioner or the commissioner's designee reasonably believes that disclosure of the city or zip code of the offender's residency creates a risk to the victim, offender, or public safety.
deleted text begin (e) Paragraph (d) applies only where the offender is serving a prison term for a qualified domestic violence-related offense committed against the victim seeking notification. deleted text end
(a) Except as provided in paragraph (b), the commissioner of corrections shall inspect and license all correctional facilities throughout the state, whether public or private, established and operated for the detention and confinement of persons confined or incarcerated therein according to law except to the extent that they are inspected or licensed by other state regulating agencies. The commissioner shall promulgate pursuant to chapter 14, rules establishing minimum standards for these facilities with respect to their management, operation, physical condition, and the security, safety, health, treatment, and discipline of persons confined or incarcerated therein. These minimum standards shall include but are not limited to specific guidance pertaining to:
(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated in correctional facilities with mental illness or substance use disorders;
(2) a policy on the involuntary administration of medications;
(3) suicide prevention plans and training;
(4) verification of medications in a timely manner;
(5) well-being checks;
(6) discharge planning, including providing prescribed medications to persons confined or incarcerated in correctional facilities upon release;
(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional institution;
(8) use of segregation and mental health checks;
(9) critical incident debriefings;
(10) clinical management of substance use disorders and opioid overdose emergency procedures;
(11) a policy regarding identification of persons with special needs confined or incarcerated in correctional facilities;
(12) a policy regarding the use of telehealth;
(13) self-auditing of compliance with minimum standards;
(14) information sharing with medical personnel and when medical assessment must be facilitated;
(15) a code of conduct policy for facility staff and annual training;
(16) a policy on death review of all circumstances surrounding the death of an individual committed to the custody of the facility; and
(17) dissemination of a rights statement made available to persons confined or incarcerated in licensed correctional facilities.
No individual, corporation, partnership, voluntary association, or other private organization legally responsible for the operation of a correctional facility may operate the facility unless it possesses a current license from the commissioner of corrections. Private adult correctional facilities shall have the authority of section 624.714, subdivision 13, if the Department of Corrections licenses the facility with the authority and the facility meets requirements of section 243.52.
The commissioner shall review the correctional facilities described in this subdivision at least once every two years, except as otherwise provided, to determine compliance with the minimum standards established according to this subdivision or other Minnesota statute related to minimum standards and conditions of confinement.
The commissioner shall grant a license to any facility found to conform to minimum standards or to any facility which, in the commissioner's judgment, is making satisfactory progress toward substantial conformity and the standards not being met do not impact the interests and well-being of the persons confined or incarcerated in the facility. A limited license under subdivision 1a may be issued for purposes of effectuating a facility closure. The commissioner may grant licensure up to two years. Unless otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the expiration date stated on the license.
The commissioner shall have access to the buildings, grounds, books, records, staff, and to persons confined or incarcerated in these facilities. The commissioner may require the officers in charge of these facilities to furnish all information and statistics the commissioner deems necessary, at a time and place designated by the commissioner.new text begin Notwithstanding chapter 13 or any other state law classifying or restricting access to data, the officers in charge of these facilities must furnish all data available to the facility that the commissioner deems necessary to conduct a review of any emergency or unusual occurrence at the facility. Failure to provide or grant access to relevant information or statistics necessary to fulfill inspection or emergency or unusual occurrence reviews, as requested by the commissioner, may be grounds for the commissioner to take action against a correctional facility's license under subdivision 1a, 1b, or 1c.new text end
All facility administrators of correctional facilities are required to report all deaths of individuals who died while committed to the custody of the facility, regardless of whether the death occurred at the facility or after removal from the facility for medical care stemming from an incident or need for medical care at the correctional facility, as soon as practicable, but no later than 24 hours of receiving knowledge of the death, including any demographic information as required by the commissioner.
All facility administrators of correctional facilities are required to report all other emergency or unusual occurrences as defined by rule, including uses of force by facility staff that result in substantial bodily harm or suicide attempts, to the commissioner of corrections within ten days from the occurrence, including any demographic information as required by the commissioner. The commissioner of corrections shall consult with the Minnesota Sheriffs' Association and a representative from the Minnesota Association of Community Corrections Act Counties who is responsible for the operations of an adult correctional facility to define "use of force" that results in substantial bodily harm for reporting purposes.
The commissioner may require that any or all such information be provided through the Department of Corrections detention information system. The commissioner shall post each inspection report publicly and on the department's website within 30 days of completing the inspection. The education program offered in a correctional facility for the confinement or incarceration of juvenile offenders must be approved by the commissioner of education before the commissioner of corrections may grant a license to the facility.
(b) For juvenile facilities licensed by the commissioner of human services, the commissioner may inspect and certify programs based on certification standards set forth in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given it in section 245A.02.
(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional facilities shall, insofar as is possible, ensure that the minimum standards it requires are substantially the same as those required by other state agencies which regulate, inspect, or license the same aspects of similar types of correctional facilities, although at different correctional facilities.
(d) Nothing in this section shall be construed to limit the commissioner of corrections' authority to promulgate rules establishing standards of eligibility for counties to receive funds under chapter 401, or to require counties to comply with operating standards the commissioner establishes as a condition precedent for counties to receive that funding.
(e) The department's inspection unit must report directly to a division head outside of the correctional institutions division.
(a) Beginning in fiscal year 2022, the commissioner shall form a state correctional facilities security audit group. The group must consist of the following members:
(1) a Department new text begin of Corrections new text end employee who is not assigned to the correctional institutions division, appointed by the commissioner;
(2) the ombudsperson for correctionsnew text begin or a designeenew text end ;
(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed by the commissioner;
deleted text begin (4) a physical plant safety consultant, appointed by the governor; deleted text end
deleted text begin (5) a private security consultant with expertise in correctional facility security, appointed by the governor; deleted text end
new text begin (4) an individual with expertise in security related to infrastructure and operational logistics of correctional facilities who is not required to reside in Minnesota, appointed by the governor; new text end
new text begin (5) the commissioner of health or a designee; new text end
new text begin (6) the commissioner of administration or a designee; new text end
deleted text begin (6)deleted text end new text begin (7)new text end two senators, one appointed by the senate majority leader and one appointed by the minority leader; and
deleted text begin (7)deleted text end new text begin (8)new text end two representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house of representatives.
(b) deleted text begin By January 1, 2022,deleted text end new text begin The ombudsperson or a designee shall chair the group.new text end The group shall establish security audit standards for state correctional facilities. In developing the standards, the group, or individual members of the group, may gather information from state correctional facilities and state correctional staff and inmates. The security audit group must periodically review the standards and modify them as needed. The group must report the standards to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance deleted text begin by February 15, 2022deleted text end new text begin whenever the standards are updatednew text end .
(c) The group shall new text begin meet twice a year to new text end review facility audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the full audit reports including nonpublic security information and corrections and detention confidential data. Within 60 days of deleted text begin receiving andeleted text end new text begin meeting to reviewnew text end audit deleted text begin reportdeleted text end new text begin reportsnew text end from the department's inspection unit, the group must make recommendations to the commissioner. Within 45 days of receiving the group's recommendations, the commissioner must reply in writing to the group's findings and recommendations. The commissioner's response must explain whether the agency will implement the group's recommendations, the timeline for implementation of the changes, and, if not, why the commissioner will not or cannot implement the group's recommendations.
(d) Beginning in 2023, the commissioner must include a written aggregate of the group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations in the biennial report required under section 241.016, subdivision 1. The commissioner shall not include corrections and detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security information, as defined in section 13.37, subdivision 1, in the commissioner's report to the legislature.
(e) The commissioner shall provide staffing and administrative support to the group.
new text begin (f) The state correctional facilities security audit group is not subject to chapter 13D. new text end
new text begin (g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section 15.059. Members of the group serve without compensation but shall receive expense reimbursement. Notwithstanding section 15.059, subdivision 6, the group does not expire. new text end
The commissioner of corrections shall establish a health care peer review committee. Sections 145.61 to 145.67 apply to the committee. The committee shall gather, review, and evaluate information relating to the on-site and off-site quality of care and treatment of offenders. The committee shall consist of:
deleted text begin (1) the director of health services; deleted text end
deleted text begin (2)deleted text end new text begin (1)new text end the department medical director;
deleted text begin (3)deleted text end new text begin (2)new text end the regional medical director of the contracted health care vendor;
deleted text begin (4)deleted text end new text begin (3)new text end the department director of nursingnew text begin or a designeenew text end ;
deleted text begin (5)deleted text end new text begin (4)new text end a physician from the contracting hospital provider; deleted text begin anddeleted text end
deleted text begin (6)deleted text end new text begin (5)new text end another physician who provides health care to offenders on site at a correctional facilitydeleted text begin .deleted text end new text begin ;new text end
new text begin (6) one or more licensed physicians or nurse practitioners from the community, in person or by telephone, with expertise in the most appropriate clinical area; new text end
new text begin (7) the director of psychiatry of the contracted vendor; new text end
new text begin (8) the pharmacist liaison of the contracted vendor's pharmacy vendor; new text end
new text begin (9) the clinical pharmacist of the contracted vendor; new text end
new text begin (10) in cases of suicide or unanticipated death, a representative from the Office of Special Investigations; and new text end
new text begin (11) other ad hoc members as indicated at the discretion of the Department of Corrections medical director or chief medical officer. new text end
new text begin (a) By February 28 of each year, each county and regional correctional facility in the state, including a jail, juvenile detention center, workhouse, or lockup, must report to the commissioner of corrections on their communications contracts for incarcerated people. The report must include the total number of phone calls, phone call minutes, video visits, and e-messages initiated or received by incarcerated people in such facilities during the preceding calendar year. The report must also include the total amount of revenue generated by vendors at each facility in the preceding calendar year. The report must also include the total amount of commissions earned by each county and regional correctional facility, including a jail, juvenile detention center, workhouse, or lockup, during the preceding calendar year. The report must also include how the commissions were spent. new text end
new text begin (b) For the purposes of this section, "commission" means any form of monetary payment, in-kind payment requirement, gift, exchange of services or goods, fee, or technology allowance. new text end
new text begin (c) By March 21 of each year, the commissioner must compile the county and regional jail communications data collected under paragraph (a) into a single report and submit the report to the chairs and ranking minority members of the legislative committees with jurisdiction over criminal justice policy. new text end
new text begin The commissioner may not enter into an agreement or establish a prison education partnership with a higher education institution that: new text end
new text begin (1) is organized as a private, for-profit postsecondary institution as described in section 136A.62, subdivision 3, clause (2), item (ii); or new text end
new text begin (2) charges incarcerated students a higher per-credit rate than the rate for nonincarcerated students. new text end
The medical director of the Department of Correctionsnew text begin , or the medical director's designee, who must be a physician licensed under chapter 147,new text end may make a health care decision for an inmate incarcerated in a state correctional facility or placed in an outside facility on conditional medical release if the inmate's attending physician determines that the inmate lacks decision-making capacity and:
(1) there is not a documented health care agent designated by the inmate or the health care agent is not reasonably available to make the health care decision;
(2) if there is a documented health care directive, the decision is consistent with that directive;
(3) the decision is consistent with reasonable medical practice and other applicable law; and
(4) the medical director has made a good faith attempt to consult with the inmate's next of kin or emergency contact person in making the decision, to the extent those persons are reasonably available.
(a) Use of force must not be applied maliciously or sadistically for the purpose of causing harm to a confined or incarcerated person.
(b) Unless the use of deadly force is justified in this section, a correctional officer working in an adult correctional facility either under the control of the commissioner of corrections or licensed by the commissioner under section 241.021 may not use any of the following restraints:
(1) a choke hold;
(2) a prone restraint;
(3) tying all of a person's limbs together behind the person's back to render the person immobile; or
(4) securing a person in any way that results in transporting the person face down in a vehicle, except as directed by a medical professional.
(c) For the purposes of this subdivision, the following terms have the meanings given them:
(1) "choke hold" means a method by which a person applies sufficient pressure to a person to make breathing difficult or impossible, and includes but is not limited to any pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce intake of air. Choke hold also means applying pressure to a person's neck on either side of the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the carotid arteries;
(2) "prone restraint" means the use of manual restraint that places a person in a face-down position; and
(3) "deadly force" has the meaning given in section 609.066, subdivision 1.
(d) Use of deadly force is justified only if an objectively reasonable correctional officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that deadly force is necessary:
(1) to protect the correctional officer or another from death or great bodily harm, provided that the threat:
(i) can be articulated with specificity deleted text begin by the correctional officerdeleted text end ;
(ii) is reasonably likely to occur absent action by the correctional officer; and
(iii) must be addressed through the use of deadly force without unreasonable delay; or
(2) to effect the capture or prevent the escape of a person when the officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in clause (1), unless immediately apprehended.
(a) The board may, under rules adopted by the commissioner, grant supervised release or parole as follows:
(1) to an inmate serving a mandatory life sentence after the inmate has served the minimum term of imprisonment specified in subdivision 4 or section 243.05, subdivision 1, paragraph (a);
(2) at any time for an inmate serving a nonlife indeterminate sentence for a crime committed on or before April 30, 1980; or
(3) to an inmate eligible for early supervised release under subdivision 4a after the inmate has served the minimum term of imprisonment.
(b) For cases involving multiple sentences, the board must grant or deny supervised release as follows:
(1) if an inmate is serving multiple sentences that are concurrent to one another, the board must grant or deny supervised release on all unexpired sentences; andnew text begin .new text end
(2) Notwithstanding any other law to the contrary, if an inmate who was under the age of 18 at the time of the commission of the relevant offenses and has served the minimum term of imprisonment specified in subdivision 4b is serving multiple sentences that are consecutive to one another, the board may grant or deny supervised release on one or more sentences.
(c) No less than three years before an inmate has served the applicable minimum term of imprisonment, the board must assess the inmate's status and make programming recommendations relevant to the inmate's release review. The commissioner must ensure that any board programming recommendations are followed and implemented.
(d) The board must conduct a supervised release review hearing as soon as practicable before an inmate has served the applicable minimum term of imprisonment.
(e) The board shall require the preparation of a community investigation report. The report shall:
(1) reflect the sentiment of the various elements of the community toward the inmate, both at the time of the offense and at the present time;
(2) include the views of the sentencing judge, the prosecutor, any law enforcement personnel who may have been involved in the case, and any successors to these individuals who may have information relevant to the supervised release decision; and
(3) include the views of the victim and the victim's family unless the victim or the victim's family chooses not to participate.
(f) The board shall require the preparation of a development report when making a supervised release decision regarding an inmate who was under 18 years of age at the time of the commission of the offense. The report must be prepared by a mental health professional qualified to provide services to a client under section 245I.04, subdivision 2, clause (1) to (4) or (6), and must address the inmate's cognitive, emotional, and social maturity. The board may use a previous report that was prepared within 12 months immediately preceding the hearing.
(g) The board shall make reasonable efforts to notify the victim, in advance, of the time and place of the inmate's release review hearing. The victim has a right to submit an oral or written statement at the review hearing. new text begin Notwithstanding chapter 13D, the board may meet in closed session to receive and review a victim's statement, at the request of the victim. new text end The statement may summarize the harm suffered by the victim as a result of the crime and give the victim's recommendation on whether the inmate should be given supervised release at this time.
(h) The board shall permit a prosecutor from the office that prosecuted the case to submit a written statement in advance of the review hearing.
(i) When considering whether to grant supervised release or parole to an inmate serving a life sentence or indeterminate sentence, the board shall consider, at a minimum, the following:
(1) the report prepared pursuant to paragraph (e);
(2) the report prepared pursuant to paragraph (f), if applicable;
(3) a victim statement under paragraph (g), if submitted;
(4) the statement of a prosecutor under paragraph (h), if submitted;
(5) the risk the inmate poses to the community if released;
(6) the inmate's progress in treatment, if applicable;
(7) the inmate's behavior while incarcerated;
(8) psychological or other diagnostic evaluations of the inmate;
(9) information on the inmate's rehabilitation while incarcerated;
(10) the inmate's criminal history;
(11) if the inmate was under 18 years of age at the time of the commission of the offense, relevant science on the neurological development of juveniles and information on the inmate's maturity and development while incarcerated; and
(12) any other relevant conduct of the inmate while incarcerated or before incarceration.
(j) The board may not grant supervised release or parole to an inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment, if applicable;
(ii) the inmate has been assessed for substance use disorder needs and, if appropriate, has successfully completed substance use disorder treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that:
(i) ensures that, after release, the inmate will have suitable housing and receive appropriate aftercare and community-based treatment; and
(ii) includes a postprison employment or education plan for the inmate.
(k) Supervised release or parole must be granted with a majority vote of the quorum required under section 244.049, subdivision 3. If there is a tie vote, supervised release or parole is granted only if the commissioner votes in favor of granting supervised release or parole.
(l) Within 30 days after a supervised release review hearing, the board must issue a decision on granting release, including an explanation for the decision. If an inmate is serving multiple sentences that are concurrent to one another, the board must grant or deny supervised release on all sentences.
(m) If the board does not grant supervised release, new text begin upon request of the inmate, the board shall conduct a subsequent supervised release hearing within three years of the initial hearing. If release is denied at the subsequent hearing, upon request of the inmate, the board shall continue to hold hearings at least once every three years. If the board denies an inmate's release under this paragraph,new text end the explanation of that decision must identify specific steps that the inmate can take to increase the likelihood that release will be granted at a future hearing.
(n) When granting supervised release under this subdivision, the board must set prerelease conditions to be followed by the inmate, if time permits, before their actual release or before constructive parole becomes effective. If the inmate violates any of the prerelease conditions, the commissioner may rescind the grant of supervised release without a hearing at any time before the inmate's release or before constructive parole becomes effective. A grant of constructive parole becomes effective once the inmate begins serving the consecutive sentence.
(o) If the commissioner rescinds a grant of supervised release or parole, the board:
(1) must set a release review date that occurs within 90 days of the commissioner's rescission; and
(2) by majority vote, may set a new supervised release date or set another review date.
(p) If the commissioner revokes supervised release or parole for an inmate serving a life sentence, the revocation is not subject to the limitations under section 244.30 and the board:
(1) must set a release review date that occurs within one year of the commissioner's final revocation decision; and
(2) by majority vote, may set a new supervised release date or set another review date.
(q) The board may, by a majority vote, grant a person on supervised release or parole for a life or indeterminate sentence a final discharge from their sentence in accordance with section 243.05, subdivision 3. In no case, however, may a person subject to a mandatory lifetime conditional release term under section 609.3455, subdivision 7, be discharged from that term.
(r) For purposes of this subdivision:
(1) "board" means the deleted text begin Indeterminate Sentencedeleted text end new text begin Supervisednew text end Release Board under section 244.049;
(2) "constructive parole" means the status of an inmate who has been paroled from an indeterminate sentence to begin serving a consecutive sentence in prison; and
(3) "victim" has the meaning given in section 611A.01, paragraph (b).
new text begin This section is effective July 1, 2024, and applies to supervised release hearings conducted on or after that date. new text end
deleted text begin (a)deleted text end The following offenders are not eligible to be placed in the challenge incarceration program:
(1) offenders who are committed to the commissioner's custody following a conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery, carjacking, arson, or any other offense involving death or intentional personal injury;
(2) offenders who were convicted within the preceding ten years of an offense described in clause (1) and were committed to the custody of the commissioner;
(3) offenders who have been convicted or adjudicated delinquent within the past five years for a violation of section 609.485;
(4) offenders who are committed to the commissioner's custody for an offense that requires registration under section 243.166;
(5) offenders who are the subject of a current arrest warrant or detainer;
(6) offenders who have fewer than 180 days remaining until their supervised release date;
(7) offenders who have had disciplinary confinement time added to their sentence or who have been placed in segregation, unless 90 days have elapsed from the imposition of the additional disciplinary confinement time or the last day of segregation;
(8) offenders who have received a suspended formal disciplinary sanction, unless the suspension has expired;new text begin andnew text end
(9) offenders whose governing sentence is for an offense from another state or the United Statesdeleted text begin ; anddeleted text end new text begin .new text end
deleted text begin (10) offenders who have a medical condition included on the list of ineligible conditions described in paragraph (b). deleted text end
deleted text begin (b) The commissioner of corrections shall develop a list of medical conditions that will disqualify an offender from participating in the challenge incarceration program. The commissioner shall submit the list and any changes to it to the chairs and ranking minority members of the senate and house committees having jurisdiction over criminal justice policy and funding. deleted text end
By deleted text begin January 15deleted text end new text begin May 1new text end each year, the commissioner must report to the chairs of the legislative committees with jurisdiction over public safety policy and finance on deleted text begin recommended methods of coordinating the exchange ofdeleted text end information collected on individuals on probation under subdivision 1deleted text begin :deleted text end new text begin .new text end
deleted text begin (1) between probation service providers; and deleted text end
deleted text begin (2) between probation service providers and the Department of Corrections. deleted text end
new text begin As used in sections 244.40 to 244.51, "conditional release" has the meaning given in section 609.02, subdivision 18. new text end
"Earned compliance credit" means a one-month reduction from the period during active supervision of the supervised release term for every two months that a supervised individual exhibits compliance with the conditions and goals of the individual's supervision plan.new text begin Earned compliance credit also applies to a conditional release term.new text end
"Supervision abatement status" means an end to active correctional supervision of a supervised individual without effect on the legal expiration date of the individual's executed sentence less any earned incentive release creditnew text begin or the expiration date of a conditional release termnew text end .
(a) The commissioner must adopt a policy providing for earned compliance credit.
(b) Except as otherwise provided in the act, once the time served on active supervision plus earned compliance credits equals the total length of the supervised release term, the commissioner must place the individual on supervision abatement status for the remainder of the supervised release termnew text begin and, if applicable, the conditional release termnew text end .
If an individual violates the conditions of release while on supervision abatement status, the commissioner may:
(1) return the individual to active supervision for the remainder of the supervised release new text begin or conditional release new text end term, with or without modifying the conditions of release; or
(2) revoke the individual's supervised releasenew text begin or conditional releasenew text end in accordance with section 244.05, subdivision 3.
The commissioner must distribute funds as follows:
(1) deleted text begin 25deleted text end new text begin 50new text end percent must be transferred to the Office of Justice Programs in the Department of Public Safety for crime victim services;
(2) 25 percent must be transferred to the Community Corrections Act subsidy appropriation and to the Department of Corrections for supervised release and intensive supervision services, based upon a three-year average of the release jurisdiction of supervised releasees and intensive supervised releasees across the state;new text begin andnew text end
(3) 25 percent must be transferred to the Department of Corrections for:
(i) grants to develop and invest in community-based services that support the identified needs of correctionally involved individuals or individuals at risk of becoming involved in the criminal justice system; and
(ii) sustaining the operation of evidence-based programming in state and local correctional facilitiesdeleted text begin ; anddeleted text end new text begin .new text end
deleted text begin (4) 25 percent must be transferred to the general fund. deleted text end
new text begin If the commissioner of corrections imposes a requirement on a person placed on supervised release that the person work or be employed, the commissioner shall provide that enrollment and participation in postsecondary education or a combination of work and education satisfies this requirement. new text end
(a) For purposes of this chapter, the terms defined in this subdivision have the meanings given them.
(b) "CCA jurisdiction" means a county or Tribal Nation that participates in the Community Corrections Act, the subsidy program under this chapter.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means:
(1) parole, supervised release, or conditional release as authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7;
(2) work release as authorized by sections 241.26, 244.065, and 631.425; and
(3) probation, furlough, and any other authorized temporary release from a correctional facility.
(e) "Detain" means to take into actual custody, including custody within a local correctional facility.
(f) "Joint board" means the board under section 471.59.
new text begin (g) "Local advisory board" means: new text end
new text begin (1) for a CCA jurisdiction, a corrections advisory board as defined in section 401.08; new text end
new text begin (2) for a non-CCA jurisdiction other than a Tribal Nation, a human services advisory board as defined in section 402.02, or advisory committee or task force as defined in section 402.03; or new text end
new text begin (3) for a Tribal Nation that is a non-CCA jurisdiction, a board with membership as determined by the Tribal Nation. new text end
deleted text begin (g)deleted text end new text begin (h)new text end "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating in the Community Corrections Act subsidy program and provides or receives probation services according to section 244.19.
deleted text begin (h)deleted text end new text begin (i)new text end "Probation officer" means a county or Tribal probation officer under a CCA or non-CCA jurisdiction appointed with the powers under section 244.19.
deleted text begin (i)deleted text end new text begin (j)new text end "Release" means to release from actual custody.
deleted text begin (j)deleted text end new text begin (k)new text end "Tribal Nation" means a federally recognized Tribal Nation within the boundaries of the state of Minnesota.
(a) Beginning July 1, 2023, the community supervision subsidy paid to each county, the commissioner for supervision of non-CCA jurisdictions served by the Department of Corrections, and each applicable Tribal Nation under paragraph (e) equals the sum of:
(1) a base funding amount equal to $150,000; and
(2) a community supervision formula equal to the sum of:
(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied by the sum of the county's or Tribal Nation's adult felony population, adult supervised release and parole populations, and juvenile supervised release and parole populations as reported in the most recent probation survey published by the commissioner, multiplied by 365; and
(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent probation survey published by the commissioner, multiplied by 365.
(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), the base funding amount must be shared equally between the jurisdiction and the commissioner for the provision of felony supervision under section 244.20.
(c) If in any year the total amount appropriated for the purpose of this section is more than or less than the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal Nation's base funding plus community supervision formula funding is adjusted by the ratio of amounts appropriated for this purpose divided by the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations.
(d) If in any year the base funding plus the community supervision formula amount based on what was appropriated in fiscal year 2024 is less than the funding paid to the county in fiscal year 2023, the difference is added to the community supervision formula amount for that county. A county is not eligible for additional funding under this paragraph unless the base funding plus community supervision formula results in an increase in funding for the county based on what was appropriated in the previous fiscal year. This paragraph expires June 30, 2029.
(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase probation services or probation-related services, including contracted services, but a Tribal Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to (c) and:
(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community supervision subsidy amount appropriated for the purposes of this section; and
(2) is allotted a base funding amount equal to $150,000 plus an amount as determined according to the community supervision formula under paragraph (a), clause (2).
new text begin (f) Minnesota Rehabilitation and Reinvestment Act savings under section 244.50, subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction served by the Department of Corrections by dividing the three-year average of the number of individuals on supervised release and intensive supervised release within the jurisdiction by the three-year average of the total number of individuals under supervised release and intensive supervised release statewide, using the numbers reported annually in the Probation Survey report. new text end
new text begin "Conditional release" means a court-ordered mandatory term of community supervision as prescribed by sections 169A.276, subdivision 1, paragraph (d) (first-degree DWI); 243.166, subdivision 5a (violating predatory offender registration requirements); 609.2231, subdivision 3a, paragraph (d) (assault on secure treatment facility staff); 609.3455, subdivisions 6 and 7 (criminal sexual conduct); 617.246, subdivision 7 (use of minors in sexual performances); and 617.247, subdivision 9 (possession of child pornography). Conditional release is in addition to any applicable supervised release term. new text end
(a) A prosecutor's petition for sentence adjustment shall be filed in the district court where the individual was convicted and include the following:
(1) the full name of the individual on whose behalf the petition is being brought and, to the extent possible, all other legal names or aliases by which the individual has been known at any time;
(2) the individual's date of birth;
(3) the individual's address;
(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for the individual;
(5) the details of the offense for which an adjustment is sought, including:
(i) the date and jurisdiction of the occurrence;
(ii) either the names of any victims or that there were no identifiable victims;
(iii) whether there is a current order for protection, restraining order, or other no contact order prohibiting the individual from contacting the victims or whether there has ever been a prior order for protection or restraining order prohibiting the individual from contacting the victims;
(iv) the court file number; and
(v) the date of conviction;
(6) what steps the individual has taken since the time of the offense toward personal rehabilitation, including treatment, work, good conduct within correctional facilities, or other personal history that demonstrates rehabilitation;
(7) the individual's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the conviction for which an adjustment is sought;
(8) the individual's criminal charges record indicating all prior and pending criminal charges against the individual in this state or another jurisdiction, including all criminal charges that have been continued for dismissal, stayed for adjudication, or were the subject of pretrial diversion; and
(9) to the extent known, all prior requests by the individual, whether for the present offense or for any other offenses in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner.
(b) The filing fee for a petition brought under this section shall be waived.
new text begin (c) Notwithstanding chapter 13 or any other statute related to the classification of government data, a supervising agent or the commissioner of corrections may provide private or confidential data to a prosecutor for purposes of a petition for sentence adjustment. new text end
(a) The governor must appoint the initial executive director of the Cannabis Expungement Board. The executive director must be knowledgeable about expungement law and criminal justice. The executive director serves at the pleasure of the board in the unclassified service as an executive branch employee. Any vacancy shall be filled by the board.
deleted text begin (b) The executive director's salary is set in accordance with section 15A.0815, subdivision 3. deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The executive director may obtain office space and supplies and hire administrative staff necessary to carry out the board's official functions, including providing administrative support to the board and attending board meetings. Any additional staff serve in the classified service.
deleted text begin (d)deleted text end new text begin (c) new text end At the direction of the board, the executive director may enter into interagency agreements with the Department of Corrections or any other agency to obtain material and personnel support necessary to carry out the board's mandates, policies, activities, and objectives.
deleted text begin (a) Upon the victim's written or electronic request and if the victim and offender have been household or family members as defined in section 518B.01, subdivision 2, paragraph (b),deleted text end The commissioner of corrections or the commissioner's designee deleted text begin shalldeleted text end new text begin maynew text end disclose to the victim of an offender deleted text begin convicted of a qualified domestic violence-related offense as defined in section 609.02, subdivision 16,deleted text end notification of the city and five-digit zip code of the offender's residency upon release from a Department of Corrections facility, unlessdeleted text begin :deleted text end
deleted text begin (1) the offender is not under correctional supervision at the time of the victim's request; deleted text end
deleted text begin (2) the commissioner or the commissioner's designee does not have the city or zip code; or deleted text end
deleted text begin (3)deleted text end the commissioner or the commissioner's designee reasonably believes that disclosure of the city or zip code of the offender's residency creates a risk to the victim, offender, or public safety.
deleted text begin (b) All identifying information regarding the victim including, but not limited to, the notification provided by the commissioner or the commissioner's designee is classified as private data on individuals as defined in section 13.02, subdivision 12, and is accessible only to the victim. deleted text end
deleted text begin (c) This subdivision applies only where the offender is serving a prison term for a qualified domestic violence-related offense committed against the victim seeking notification. deleted text end
(a) No later than October 1, 2023, the Board of Trustees of the Minnesota State Colleges and Universities shall designate at least two regionally diverse system campuses to provide the required intensive comprehensive law enforcement education and skills training to eligible peace officer candidates.
(b) In addition to the campuses designated under paragraph (a), the commissioner may designate private, nonprofit postsecondary institutions to provide the required intensive comprehensive law enforcement education and skills training to eligible peace officer candidates.
new text begin (c) Effective July 1, 2025, the Board of Regents of the University of Minnesota may request that the commissioner designate one or more campuses to provide intensive comprehensive law enforcement education and skills training to eligible peace officer candidates. Upon such a request, the commissioner may designate at least one of the requested campuses. new text end
The request shall be delivered to the commissioner of corrections or other official designated by the commissioner having custody of the prisoner, who shall forthwith:
(1) certify the term of commitment under which the prisoner is being held, the time already served on the sentence, the time remaining to be served, the good time earned, the time of parole eligibility of the prisoner, and any decisions of the commissioner of corrections relating to the prisoner;new text begin andnew text end
(2) send by registered or certified mail, return receipt requested, one copy of the request and certificate to the court and one copy to the prosecuting attorney to whom it is addresseddeleted text begin ; anddeleted text end new text begin , ornew text end
deleted text begin (3)deleted text end send by e-filing and e-serving the paperwork, one copy of the request to the court and one copy to the prosecuting attorney to whom it is addressed.
(a) The board must appoint a commission executive director knowledgeable about clemency and criminal justice. The executive director serves at the pleasure of the board in the unclassified service as an executive branch employee.
deleted text begin (b) The executive director's salary is set in accordance with section 15A.0815, subdivision 3. deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end The executive director may obtain office space and supplies and hire administrative staff necessary to carry out the commission's official functions, including providing administrative support to the board and attending board meetings. Any additional staff serve in the unclassified service at the pleasure of the executive director.
Beginning August 1, 2023, through deleted text begin February 29, 2024deleted text end new text begin June 30, 2024new text end , the Department of Corrections must provide the Clemency Review Commission with administrative assistance, technical assistance, office space, and other assistance necessary for the commission to carry out its duties under sections 4 to 20.
new text begin This section is effective retroactively from February 28, 2024. new text end
Beginning August 1, 2023, through deleted text begin March 1, 2024deleted text end new text begin August 1, 2024new text end , the Department of Corrections must provide the Cannabis Expungement Board with administrative assistance, technical assistance, office space, and other assistance necessary for the board to carry out its duties under Minnesota Statutes, section 609A.06. The Cannabis Expungement Board shall reimburse the Department of Corrections for the services and space provided.
new text begin This section is effective retroactively from February 28, 2024. new text end
new text begin The commissioner of corrections shall enter into a data-sharing agreement with the commissioner of higher education to identify incarcerated persons who are federal student aid borrowers as identified by the Free Application for Federal Student Aid (FAFSA). For the purposes of this section, student loan data of any incarcerated person who voluntarily provides their federal loan status is private data as defined by Minnesota Statutes, section 13.02, subdivision 12. new text end
new text begin The commissioner of corrections, in consultation with the commissioner of the Office of Higher Education, shall develop a plan by December 1, 2024, to assist incarcerated persons in enrolling in a federal income-driven repayment plan in which there are no monthly payments or accrual of interest for borrowers with earnings below the federal poverty guidelines, to the extent such payment plans are available, and submit the plan to the chairs and ranking minority members of the legislative committees with jurisdiction over higher education and corrections. new text end
new text begin This section expires June 30, 2027, or when the Department of Corrections establishes a system for collecting this information upon intake, whichever occurs first. new text end
new text begin (a) The commissioner of corrections shall provide outreach in each correctional facility in Minnesota to apprise incarcerated persons about the federal Fresh Start program and encourage eligible persons to enroll in the program. The commissioner shall work with a student loan debt counseling grantee under Minnesota Statutes, section 136A.1788, to assist Fresh Start applicants to enroll in an income-driven repayment plan when the borrower is in repayment status. new text end
new text begin (b) The commissioner shall report by January 15, 2025, to the chairs and ranking minority members of the legislative committees with jurisdiction over corrections and higher education. The report must include a summary of the outreach efforts in each correctional facility in Minnesota to enroll eligible incarcerated persons in the federal Fresh Start program, the efforts to assist Fresh Start applicants in enrolling in income-driven repayment plans, the number of incarcerated persons served by the student loan debt counseling grantee referenced under paragraph (a), and the number of contacts by incarcerated persons to the United States Department of Education about enrolling in the federal Fresh Start program in the previous year. new text end
new text begin (c) This section expires January 15, 2025. new text end
new text begin Minnesota Statutes 2022, section 241.265, new text end new text begin is repealed. new text end
(a) Within available appropriations, the director shall award grants to establish and support restorative practices initiativesnew text begin and for the restitution program described in section 299A.955new text end . An approved applicant must receive a grant of up to $500,000 each year.
(b) On an annual basis, the Office of Restorative Practices shall establish a minimum number of applications that must be received during the application process. If the minimum number of applications is not received, the office must reopen the application process.
(c) Grants may be awarded to private and public nonprofit agencies; local units of government, including cities, counties, and townships; local educational agencies; and Tribal governments. A restorative practices advisory committee may support multiple entities applying for grants based on community needs, the number of youth and families in the jurisdiction, and the number of restorative practices available to the community. Budgets supported by grant funds can include contracts with partner agencies.
(d) Applications must include the following:
(1) a list of willing restorative practices advisory committee members;
(2) letters of support from potential restorative practices advisory committee members;
(3) a description of the planning process that includes:
(i) a description of the origins of the initiative, including how the community provided input; and
(ii) an estimated number of participants to be served; and
(4) a formal document containing a project description that outlines the proposed goals, activities, and outcomes of the initiative including, at a minimum:
(i) a description of how the initiative meets the minimum eligibility requirements of the grant;
(ii) the roles and responsibilities of key staff assigned to the initiative;
(iii) identification of any key partners, including a summary of the roles and responsibilities of those partners;
(iv) a description of how volunteers and other community members are engaged in the initiative; and
(v) a plan for evaluation and data collection.
(e) In determining the appropriate amount of each grant, the Office of Restorative Practices shall consider the number of individuals likely to be served by the local restorative practices initiative.
new text begin (a) As used in this section, the following terms have the meanings given. new text end
new text begin (b) "Juvenile" has the same meaning as given to the term "child" in section 260B.007, subdivision 3. new text end
new text begin (c) "Juvenile offense" means a violation of local, state, Tribal, or federal law, other than a juvenile petty offense or a major traffic offense, committed by a juvenile within the boundaries of the state of Minnesota. new text end
new text begin (d) "Juvenile petty offense" has the meaning given in section 260B.007, subdivision 16. new text end
new text begin (e) "Major traffic offense" has the meaning given in section 260B.225, subdivision 1, paragraph (b). new text end
new text begin (f) "Victim" has the meaning given in section 611A.01, paragraph (b). new text end
new text begin The Office of Restorative Practices must establish a restorative practices restitution grant program. Restorative practices restitution grants must be used to reimburse victims for economic losses or other harm resulting from an act that would constitute a juvenile offense, juvenile petty offense, or major traffic offense committed by a juvenile if the juvenile participates in a restorative process to address the harm. new text end
new text begin (a) A restorative practices initiative is eligible for a grant under this section in any fiscal year in which the Office of Restorative Practices awards the restorative practices initiative a grant under section 299A.95, subdivision 5. A restorative practices initiative may submit an application under this section before the Office of Restorative Practices acts on an application submitted pursuant to section 299A.95, subdivision 5. new text end
new text begin (b) Applicants must submit an application in the form and manner established by the Office of Restorative Practices. Applications must include a letter of support from the restorative practices advisory committee in the jurisdiction where the applicant will operate or, if the restorative practices advisory committee has not been established, at least two letters of support from potential restorative practices advisory committee members, one of whom must be a member described in section 299A.95, subdivision 6, paragraph (a), clause (1), (2), or (5). new text end
new text begin (c) A grant issued under this section may be in an amount of up to 15 percent of the amount awarded to the restorative practices initiative under section 299A.95, subdivision 5. new text end
new text begin (a) A grant recipient must establish policies and procedures to verify that a person is a victim of an act that would constitute a juvenile offense, juvenile petty offense, or major traffic offense committed by a juvenile and the amount of economic loss or other harm sustained by the victim. new text end
new text begin (b) A grant recipient must establish policies and procedures for the payment of reimbursement to victims and to record the amount paid. Payment may be made directly to a victim or, if applicable, to a court administrator or probation officer. new text end
new text begin (c) Policies and procedures established under this subdivision must be approved by the restorative practices advisory committee in the jurisdiction where the restorative practices initiative operates. new text end
new text begin (a) Personal history information and other information collected, used, and maintained by a restorative practices initiative operating a restorative practices restitution program under this section are private data on individuals as defined in section 13.02, subdivision 12, and the grantee shall maintain the data in accordance with the provisions of chapter 13, if: new text end
new text begin (1) the identity and location of any crime victim may be determined from the data; or new text end
new text begin (2) the identity and location of any juvenile who committed an act that would constitute a juvenile offense, juvenile petty offense, or major traffic offense committed by a juvenile may be determined from the data. new text end
new text begin (b) Personal history data and other information collected, used, and maintained by the Office of Restorative Practices are private data on individuals as defined in section 13.02, subdivision 12, if: new text end
new text begin (1) the identity and location of any crime victim may be determined from the data; or new text end
new text begin (2) the identity and location of any juvenile who committed an act that would constitute a juvenile offense, juvenile petty offense, or major traffic offense committed by a juvenile may be determined from the data. new text end
new text begin (c) The Office of Restorative Practices must establish written procedures to ensure that only individuals authorized by law may enter, update, or access data classified as nonpublic or private data on individuals. An authorized individual's ability to enter, update, or access not public data must correspond to the official duties or training level of the individual and to the statutory authorization granting access for that purpose. All queries and responses, and all actions in which not public data are entered, updated, accessed, shared, or disseminated, must be recorded in a data audit trail. Data contained in the audit trail have the same classification as the underlying data tracked by the audit trail. new text end
Subd. 8.Office of Justice Programs |
94,758,000 | 80,434,000 |
Appropriations by Fund | ||
General | 94,662,000 | 80,338,000 |
State Government Special Revenue | 96,000 | 96,000 |
(a) Domestic and Sexual Violence Housing
$1,500,000 each year is to establish a Domestic Violence Housing First grant program to provide resources for survivors of violence to access safe and stable housing and for staff to provide mobile advocacy and expertise in housing resources in their community and a Minnesota Domestic and Sexual Violence Transitional Housing program to develop and support medium to long term transitional housing for survivors of domestic and sexual violence with supportive services. The base for this appropriation is $1,000,000 beginning in fiscal year 2026.
(b) Federal Victims of Crime Funding Gap
$11,000,000 each year is to fund services for victims of domestic violence, sexual assault, child abuse, and other crimes. This is a onetime appropriation.
(c) Office for Missing and Murdered Black Women and Girls
$1,248,000 each year is to establish and maintain the Minnesota Office for Missing and Murdered Black Women and Girls.
(d) Increased Staffing
$667,000 the first year and $1,334,000 the second year are to increase staffing in the Office of Justice Programs for grant monitoring and compliance; provide training and technical assistance to grantees and potential grantees; conduct community outreach and engagement to improve the experiences and outcomes of applicants, grant recipients, and crime victims throughout Minnesota; expand the Minnesota Statistical Analysis Center; and increase staffing for the crime victim reimbursement program and the Crime Victim Justice Unit.
(e) Office of Restorative Practices
$500,000 each year is to establish and maintain the Office of Restorative Practices.
(f) Crossover and Dual-Status Youth Model Grants
$1,000,000 each year is to provide grants to local units of government to initiate or expand crossover youth practices model and dual-status youth programs that provide services for youth who are involved with or at risk of becoming involved with both the child welfare and juvenile justice systems, in accordance with the Robert F. Kennedy National Resource Center for Juvenile Justice model. This is a onetime appropriation.
(g) Restorative Practices Initiatives Grants
$4,000,000 each year is for grants to establish and support restorative practices initiatives pursuant to Minnesota Statutes, section 299A.95, subdivision 6new text begin , and for a restitution grant program under Minnesota Statutes, section 299A.955. This appropriation is available until June 30, 2026new text end . The base for this appropriation is $2,500,000 beginning in fiscal year 2026.
(h) Ramsey County Youth Treatment Homes Acquisition and Betterment
$5,000,000 the first year is for a grant to Ramsey County to establish, with input from community stakeholders, including impacted youth and families, up to seven intensive trauma-informed therapeutic treatment homes in Ramsey County that are licensed by the Department of Human Services, that are culturally specific, that are community-based, and that can be secured. These residential spaces must provide intensive treatment and intentional healing for youth as ordered by the court as part of the disposition of a case in juvenile court.
(i) Ramsey County Violence Prevention
$5,000,000 the first year is for a grant to Ramsey County to award grants to develop new and further enhance existing community-based organizational support through violence prevention and community wellness grants. Grantees must use the money to create family support groups and resources to support families during the time a young person is placed out of home following a juvenile delinquency adjudication and support the family through the period of postplacement reentry; create community-based respite options for conflict or crisis de-escalation to prevent incarceration or further systems involvement for families; or establish additional meaningful employment opportunities for systems-involved youth. This appropriation is available through June 30, 2027.
(j) Office for Missing and Murdered Indigenous Relatives
$274,000 each year is for increased staff and operating costs of the Office for Missing and Murdered Indigenous Relatives, the Missing and Murdered Indigenous Relatives Advisory Board, and the Gaagige-Mikwendaagoziwag reward advisory group.
(k) Youth Intervention Programs
$3,525,000 the first year and $3,526,000 the second year are for youth intervention programs under Minnesota Statutes, section 299A.73. The base for this appropriation is $3,526,000 in fiscal year 2026 and $3,525,000 in fiscal year 2027.
(l) Community Crime Intervention and Prevention Grants
$750,000 each year is for community crime intervention and prevention program grants, authorized under Minnesota Statutes, section 299A.296. This is a onetime appropriation.
(m) Resources for Victims of Crime
$1,000,000 each year is for general crime victim grants to meet the needs of victims of crime not covered by domestic violence, sexual assault, or child abuse services. This is a onetime appropriation.
(n) Prosecutor Training
$100,000 each year is for a grant to the Minnesota County Attorneys Association to be used for prosecutorial and law enforcement training, including trial school training and train-the-trainer courses. All training funded with grant proceeds must contain blocks of instruction on racial disparities in the criminal justice system, collateral consequences to criminal convictions, and trauma-informed responses to victims. This is a onetime appropriation.
The Minnesota County Attorneys Association must report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on the training provided with grant proceeds, including a description of each training and the number of prosecutors and law enforcement officers who received training. The report is due by February 15, 2025. The report may include trainings scheduled to be completed after the date of submission with an estimate of expected participants.
(o) Minnesota Heals
$500,000 each year is for the Minnesota Heals grant program. This is a onetime appropriation.
(p) Sexual Assault Exam Costs
$3,967,000 the first year and $3,767,000 the second year are to reimburse qualified health care providers for the expenses associated with medical examinations administered to victims of criminal sexual conduct as required under Minnesota Statutes, section 609.35, and for costs to administer the program. The base for this appropriation is $3,771,000 in fiscal year 2026 and $3,776,000 in fiscal year 2027.
(q) First Responder Mental Health Curriculum
$75,000 each year is for a grant to the Adler graduate school. The grantee must use the grant to develop a curriculum for a 24-week certificate to train licensed therapists to understand the nuances, culture, and stressors of the work environments of first responders to allow those therapists to provide effective treatment to first responders in distress. The grantee must collaborate with first responders who are familiar with the psychological, cultural, and professional issues of their field to develop the curriculum and promote it upon completion.
The grantee may provide the program online.
The grantee must seek to recruit additional participants from outside the 11-county metropolitan area.
The grantee must create a resource directory to provide law enforcement agencies with names of counselors who complete the program and other resources to support law enforcement professionals with overall wellness. The grantee shall collaborate with the Department of Public Safety and law enforcement organizations to promote the directory. This is a onetime appropriation.
(r) Pathways to Policing
$400,000 each year is for reimbursement grants to state and local law enforcement agencies that operate pathway to policing programs. Applicants for reimbursement grants may receive up to 50 percent of the cost of compensating and training program participants. Reimbursement grants shall be proportionally allocated based on the number of grant applications approved by the commissioner. This is a onetime appropriation.
(s) Direct Assistance to Crime Victim Survivors
$5,000,000 each year is to provide grants for direct services and advocacy for victims of sexual assault, general crime, domestic violence, and child abuse. Funding must support the direct needs of organizations serving victims of crime by providing: direct client assistance to crime victims; competitive wages for direct service staff; hotel stays and other housing-related supports and services; culturally responsive programming; prevention programming, including domestic abuse transformation and restorative justice programming; and for other needs of organizations and crime victim survivors. Services funded must include services for victims of crime in underserved communities most impacted by violence and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. The office shall prioritize culturally specific programs, or organizations led and staffed by persons of color that primarily serve communities of color, when allocating funds.
(t) Racially Diverse Youth
$250,000 each year is for grants to organizations to address racial disparity of youth using shelter services in the Rochester and St. Cloud regional areas. Of this amount, $125,000 each year is to address this issue in the Rochester area and $125,000 each year is to address this issue in the St. Cloud area. A grant recipient shall establish and operate a pilot program connected to shelter services to engage in community intervention outreach, mobile case management, family reunification, aftercare, and follow up when family members are released from shelter services. A pilot program must specifically address the high number of racially diverse youth that enter shelters in the regions. This is a onetime appropriation.
(u) Violence Prevention Project Research Center
$500,000 each year is for a grant to the Violence Prevention Project Research Center, operating as a 501(c)(3) organization, for research focused on reducing violence in society that uses data and analysis to improve criminal justice-related policy and practice in Minnesota. Research must place an emphasis on issues related to deaths and injuries involving firearms. This is a onetime appropriation.
Beginning January 15, 2025, the Violence Prevention Project Research Center must submit an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on its work and findings. The report must include a description of the data reviewed, an analysis of that data, and recommendations to improve criminal justice-related policy and practice in Minnesota with specific recommendations to address deaths and injuries involving firearms.
(v) Report on Approaches to Address Illicit Drug Use in Minnesota
$118,000 each year is to enter into an agreement with Rise Research LLC for a study and set of reports on illicit drug use in Minnesota describing current responses to that use, reviewing alternative approaches utilized in other jurisdictions, and making policy and funding recommendations for a holistic and effective response to illicit drug use and the illicit drug trade. The agreement must establish a budget and schedule with clear deliverables. This appropriation is onetime.
The study must include a review of current policies, practices, and funding; identification of alternative approaches utilized effectively in other jurisdictions; and policy and funding recommendations for a response to illicit drug use and the illicit drug trade that reduces and, where possible, prevents harm and expands individual and community health, safety, and autonomy. Recommendations must consider impacts on public safety, racial equity, accessibility of health and ancillary supportive social services, and the intersections between drug policy and mental health, housing and homelessness, overdose and infectious disease, child welfare, and employment.
Rise Research may subcontract and coordinate with other organizations or individuals to conduct research, provide analysis, and prepare the reports required by this section.
Rise Research shall submit reports to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy, human services finance and policy, health finance and policy, and judiciary finance and policy. Rise Research shall submit an initial report by February 15, 2024, and a final report by March 1, 2025.
(w) Legal Representation for Children
$150,000 each year is for a grant to an organization that provides legal representation for children in need of protection or services and children in out-of-home placement. The grant is contingent upon a match in an equal amount from nonstate funds. The match may be in kind, including the value of volunteer attorney time, in cash, or a combination of the two. These appropriations are in addition to any other appropriations for the legal representation of children. This appropriation is onetime.
(x) Pretrial Release Study and Report
$250,000 each year are for a grant to the Minnesota Justice Research Center to study and report on pretrial release practices in Minnesota and other jurisdictions, including but not limited to the use of bail as a condition of pretrial release. This appropriation is onetime.
(y) Intensive Comprehensive Peace Officer Education and Training Program
$5,000,000 the first year is to implement the intensive comprehensive peace officer education and training program described in Minnesota Statutes, section 626.8516. This appropriation is available through June 30, 2027.
(z) Youth Services Office
$250,000 each year is to operate the Youth Services Office.
new text begin This section is effective the day following final enactment. new text end
As used in this section, the following terms shall have the meanings given them:
(a) "Domestic abuse" means the following, if committed against a family or household member by a family or household member:
(1) physical harm, bodily injury, or assault;
(2) the infliction of fear of imminent physical harm, bodily injury, or assault; or
(3) terroristic threats, within the meaning of section 609.713, subdivision 1; criminal sexual conduct, within the meaning of section 609.342, 609.343, 609.344, 609.345, or 609.3451; sexual extortion within the meaning of section 609.3458; or interference with an emergency call within the meaning of section 609.78, subdivision 2.
(b) "Family or household members" means:
(1) spouses and former spouses;
(2) parents and children;
(3) persons related by blood;
(4) persons who are presently residing together or who have resided together in the past;
(5) persons who have a child in common regardless of whether they have been married or have lived together at any time;
(6) a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and
(7) persons involved in a significant romantic or sexual relationship.
Issuance of an order for protection on the ground in clause (6) does not affect a determination of paternity under sections 257.51 to 257.74. In determining whether persons are or have been involved in a significant romantic or sexual relationship under clause (7), the court shall consider the length of time of the relationship; type of relationship; frequency of interaction between the parties; and, if the relationship has terminated, length of time since the termination.
(c) "Qualified domestic violence-related offense" has the meaning given in section 609.02, subdivision 16.
new text begin (d) "Custodian" means any person other than the petitioner or respondent who is under a legal obligation to provide care and support for a minor child of a petitioner or who is in fact providing care and support for a minor child of a petitioner. Custodian does not include any person caring for a minor child if the petitioner's parental rights have been terminated. new text end
The filing fees for an order for protection under this section are waived for the petitioner and respondent. deleted text begin The court administrator, the sheriff of any county in this state, and other law enforcement and corrections officers shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when the sheriff or other law enforcement or corrections officer is unavailable or if service is made by publication, without requiring the petitioner to make application under section 563.01.deleted text end
new text begin (a) new text end Upon the petitioner's request, information maintained by the court regarding the petitioner's location or residence is not accessible to the public and may be disclosed only to court personnel or law enforcement for purposes of service of process, conducting an investigation, or enforcing an order.
new text begin (b) Upon request of the petitioner or a custodian of the petitioner's minor children, information maintained by the court regarding the location or residence of the petitioner's minor children is not accessible to the public and may be disclosed only to court personnel or law enforcement for purposes of service of process, conducting an investigation, or enforcing an order. If any custodian is a program participant as defined in section 5B.02, paragraph (g), the protections, limitations, and requirements in chapter 5B apply and information maintained by the court regarding the location or residence of the petitioner's minor children is not accessible to the public. new text end
There shall exist an action known as a petition for an order for protection in cases of domestic abuse.
(a) A petition for relief under this section may be made by any family or household member personally or by a family or household member, a guardian as defined in section 524.1-201, clause (27), or, if the court finds that it is in the best interests of the minor, by a reputable adult age 25 or older on behalf of minor family or household members. A minor age 16 or older may make a petition on the minor's own behalf against a spouse or former spouse, or a person with whom the minor has a child in common, if the court determines that the minor has sufficient maturity and judgment and that it is in the best interests of the minor.
(b) A petition for relief shall allege the existence of domestic abuse, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances from which relief is sought.
(c) A petition for relief must state whether the petitioner has ever had an order for protection in effect against the respondent.
(d) A petition for relief must state whether there is an existing order for protection in effect under this chapter governing both the parties and whether there is a pending lawsuit, complaint, petition or other action between the parties under chapter 257, 518, 518A, 518B, or 518C. The court administrator shall verify the terms of any existing order governing the parties. The court may not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A subsequent order in a separate action under this chapter may modify only the provision of an existing order that grants relief authorized under subdivision 6, paragraph (a), clause (1). A petition for relief may be granted, regardless of whether there is a pending action between the parties.
new text begin (e) A petition for relief must state whether the petitioner has any minor children and, if so, must provide the name of any custodian of the minor children and must identify the location or residence of the custodian. If any custodian is a program participant as defined in section 5B.02, paragraph (g), the location or residence of the custodian is the address designated by the secretary of state as the address of the program participant. A petition must not be rejected or denied for failure to identify any custodian. new text end
deleted text begin (e)deleted text end new text begin (f)new text end The court shall provide simplified forms and clerical assistance to help with the writing and filing of a petition under this section.
deleted text begin (f)deleted text end new text begin (g)new text end The court shall advise a petitioner under paragraph deleted text begin (e)deleted text end new text begin (f)new text end of the right to file a motion and affidavit and to sue in forma pauperis pursuant to section 563.01 and shall assist with the writing and filing of the motion and affidavit.
deleted text begin (g)deleted text end new text begin (h)new text end The court shall advise a petitioner under paragraph deleted text begin (e)deleted text end new text begin (f)new text end of the right to serve the respondent by published notice under subdivision 5, paragraph (b), if the respondent is avoiding personal service by concealment or otherwise, and shall assist with the writing and filing of the affidavit.
deleted text begin (h)deleted text end new text begin (i)new text end The court shall advise the petitioner of the right to seek restitution under the petition for relief.
deleted text begin (i)deleted text end new text begin (j)new text end The court shall advise the petitioner of the right to request a hearing under subdivision 7, paragraph (c). If the petitioner does not request a hearing, the court shall advise the petitioner that the respondent may request a hearing and that notice of the hearing date and time will be provided to the petitioner new text begin and the custodian of any of the petitioner's minor children new text end by mail at least five days before the hearing.
deleted text begin (j)deleted text end new text begin (k)new text end The court shall advise the petitioner of the right to request supervised parenting time, as provided in section 518.175, subdivision 1a.
(a) Upon receipt of the petition, the court shall order a hearing which shall be held not later than 14 days from the date of the order for hearing unless an ex parte order is issued.
(b) If an ex parte order has been issued under subdivision 7 and the petitioner seeks only the relief under subdivision 7, paragraph (a), a hearing is not required unless:
(1) the court declines to order the requested relief; or
(2) one of the parties requests a hearing.
(c) If an ex parte order has been issued under subdivision 7 and the petitioner seeks relief beyond that specified in subdivision 7, paragraph (a), or if the court declines to order relief requested by the petitioner, a hearing must be held within seven days. Personal service of the ex parte order may be made upon the respondent new text begin and any custodian new text end at any time up to 12 hours prior to the time set for the hearing, provided that the respondent at the hearing may request a continuance of up to five days if served fewer than five days prior to the hearing which continuance shall be granted unless there are compelling reasons not to.
(d) If an ex parte order has been issued only granting relief under subdivision 7, paragraph (a), and the respondent requests a hearing, the hearing shall be held within ten days of the court's receipt of the respondent's request. Service of the notice of hearing must be made upon the petitioner new text begin and any custodian new text end not less than five days prior to the hearing. The court shall serve the notice of hearing upon the petitioner new text begin and any custodian new text end by mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a complaint and motions and shall also mail notice of the date and time of the hearing to the respondent. In the event that service cannot be completed in time to give the respondent deleted text begin ordeleted text end new text begin ,new text end petitionernew text begin , or any custodiannew text end the minimum notice required under this subdivision, the court may set a new hearing date no more than five days later.
(e) If for good cause shown either party is unable to proceed at the initial hearing and requests a continuance and the court finds that a continuance is appropriate, the hearing may be continued. Unless otherwise agreed by the parties and approved by the court, the continuance shall be for no more than five days. If the court grants the requested continuance, the court shall also issue a written order continuing all provisions of the ex parte order pending the issuance of an order after the hearing.
(f) Notwithstanding the preceding provisions of this subdivision, service on the respondent may be made by one week published notice, as provided under section 645.11, provided the petitioner files with the court an affidavit stating that an attempt at personal service made by a sheriff or other law enforcement or corrections officer was unsuccessful because the respondent is avoiding service by concealment or otherwise, and that a copy of the petition and notice of hearing has been mailed to the respondent at the respondent's residence or that the residence is not known to the petitioner. Service under this paragraph is complete seven days after publication. The court shall set a new hearing date if necessary to allow the respondent the five-day minimum notice required under paragraph (d).
(a) Upon application, notice to all parties, new text begin notice to any custodian, new text end and hearing, the court may extend the relief granted in an existing order for protection or, if a petitioner's order for protection is no longer in effect when an application for subsequent relief is made, grant a new order. If the petitioner seeks only the relief under subdivision 7, paragraph (a), a hearing is not required unless the court declines to order the requested relief or the respondent requests a hearing. If a hearing is required, subdivisions 5 and 7 apply to service of the application, notice to the partiesnew text begin and any custodiannew text end , and time for the hearing.
(b) The court may extend the terms of an existing order or, if an order is no longer in effect, grant a new order upon a showing that:
(1) the respondent has violated a prior or existing order for protection;
(2) the petitioner is reasonably in fear of physical harm from the respondent;
(3) the respondent has engaged in the act of harassment within the meaning of section 609.749, subdivision 2; or
(4) the respondent is incarcerated and about to be released, or has recently been released from incarceration.
A petitioner does not need to show that physical harm is imminent to obtain an extension or a subsequent order under this subdivision.
(c) Relief granted by the order for protection may be for a period of up to 50 years, if the court finds:
(1) the respondent has violated a prior or existing order for protection on two or more occasions; or
(2) the petitioner has had two or more orders for protection in effect against the same respondent.
An order issued under this paragraph may restrain the abusing party from committing acts of domestic abuse; or prohibit the abusing party from having any contact with the petitioner, whether in person, by telephone, mail or electronic mail or messaging, through electronic devices, through a third party, or by any other means.
(a) Where an application under this section alleges an immediate and present danger of domestic abuse, the court may grant an ex parte order for protection and granting relief as the court deems proper, including an order:
(1) restraining the abusing party from committing acts of domestic abuse;
(2) excluding any party from the dwelling they share or from the residence of the other, including a reasonable area surrounding the dwelling or residence, which area shall be described specifically in the order, except by further order of the court;
(3) excluding the abusing party from the place of employment of the petitioner or otherwise limiting access to the petitioner by the abusing party at the petitioner's place of employment;
(4) ordering the abusing party to have no contact with the petitioner whether in person, by telephone, mail, email, through electronic devices, or through a third party;
(5) continuing all currently available insurance coverage without change in coverage or beneficiary designation;
(6) directing the care, possession, or control of a pet or companion animal owned, possessed, or kept by a party or a child of a party; and
(7) directing the respondent to refrain from physically abusing or injuring any pet or companion animal, without legal justification, known to be owned, possessed, kept, or held by either party or a minor child residing in the residence or household of either party as an indirect means of intentionally threatening the safety of such person.
(b) A finding by the court that there is a basis for issuing an ex parte order for protection constitutes a finding that sufficient reasons exist not to require notice under applicable court rules governing applications for ex parte relief.
(c) Subject to paragraph (d), an ex parte order for protection shall be effective for a fixed period set by the court, as provided in subdivision 6, paragraph (b), or until modified or vacated by the court pursuant to a hearing. When signed by a referee, the ex parte order becomes effective upon the referee's signature. Upon request, a hearing, as provided by this section, shall be set. Except as provided in paragraph (d), the respondent shall be personally served forthwith a copy of the ex parte order along with a copy of the petition and, if requested by the petitioner, notice of the date set for the hearing. new text begin Any custodian must be served with a copy of the ex parte order. Service on a custodian may be made by personal service or by certified mail. new text end If the petitioner does not request a hearing, an order served on a respondent under this subdivision must include a notice advising the respondent of the right to request a hearing, must be accompanied by a form that can be used by the respondent to request a hearing and must include a conspicuous notice that a hearing will not be held unless requested by the respondent within five days of service of the order.
(d) Service of the ex parte ordernew text begin on the respondentnew text end may be made by published notice, as provided under subdivision 5, provided that the petitioner files the affidavit required under that subdivision. If personal service is not made or the affidavit is not filed within 14 days of issuance of the ex parte order, the order expires. If the petitioner does not request a hearing, the petition mailed to the respondent's residence, if known, must be accompanied by the form for requesting a hearing and notice described in paragraph (c). Unless personal service is completed, if service by published notice is not completed within 28 days of issuance of the ex parte order, the order expires.new text begin Notice that an order has expired under this paragraph must be sent to any custodian.new text end
(e) If the petitioner seeks relief under subdivision 6 other than the relief described in paragraph (a), the petitioner must request a hearing to obtain the additional relief.
(f) Nothing in this subdivision affects the right of a party to seek modification of an order under subdivision 11.
(a) The petition and any order issued under this section other than orders for dismissal shall be served on the respondent personallynew text begin , or if the respondent appears remotely for a hearing and is notified at the hearing by the judicial officer that an order for protection will be issued, the order may be served on the respondent electronically or by first class mail, as ordered by the courtnew text end . Orders for dismissal may be served new text begin on the respondent new text end personally or by certified mail. In lieu of personal service of an order for protection, a law enforcement officer may serve a deleted text begin persondeleted text end new text begin respondentnew text end with a short-form notification as provided in subdivision 8a.new text begin The petition and any order issued under this section may be served on any custodian personally or by certified mail.new text end
(b) When service is made out of this state and in the United States, it may be proved by the affidavit of the person making the service. When service is made outside the United States, it may be proved by the affidavit of the person making the service, taken before and certified by any United States minister, charge d'affaires, commissioner, consul, or commercial agent, or other consular or diplomatic officer of the United States appointed to reside in the other country, including all deputies or other representatives of the officer authorized to perform their duties; or before an office authorized to administer an oath with the certificate of an officer of a court of record of the country in which the affidavit is taken as to the identity and authority of the officer taking the affidavit.
(c) If personal service cannot be madenew text begin on a respondentnew text end , the court may order service of the petition and any order issued under this section by alternate means, or by publication, which publication must be made as in other actions. The application for alternate service must include the last known location of the respondent; the petitioner's most recent contacts with the respondent; the last known location of the respondent's employment; the names and locations of the respondent's parents, siblings, children, and other close relatives; the names and locations of other persons who are likely to know the respondent's whereabouts; and a description of efforts to locate those persons.
The court shall consider the length of time the respondent's location has been unknown, the likelihood that the respondent's location will become known, the nature of the relief sought, and the nature of efforts made to locate the respondent. The court shall order service by first class mail, forwarding address requested, to any addresses where there is a reasonable possibility that mail or information will be forwarded or communicated to the respondent.
The court may also order publication, within or without the state, but only if it might reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed complete 14 days after mailing or 14 days after court-ordered publication.
(d) A petition and any order issued under this section, including the short-form notification, must include a notice to the respondent that if an order for protection is issued to protect the petitioner or a child of the parties, upon request of the petitioner in any parenting time proceeding, the court shall consider the order for protection in making a decision regarding parenting time.
(a) In lieu of personal service of an order for protection under subdivision 8, a law enforcement officer may serve a deleted text begin persondeleted text end new text begin respondentnew text end with a short-form notification. The short-form notification must include the following clauses: the respondent's name; the respondent's date of birth, if known; the petitioner's name; the names of other protected parties; the date and county in which the ex parte order for protection or order for protection was filed; the court file number; the hearing date and time, if known; the conditions that apply to the respondent, either in checklist form or handwritten; and the name of the judge who signed the order.
The short-form notification must be in bold print in the following form:
The order for protection is now enforceable. You must report to your nearest sheriff office or county court to obtain a copy of the order for protection. You are subject to arrest and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any of the terms of the order for protection or this short-form notification.
(b) Upon verification of the identity of the respondent and the existence of an unserved order for protection against the respondent, a law enforcement officer may detain the respondent for a reasonable time necessary to complete and serve the short-form notification.
(c) When service is made by short-form notification, it may be proved by the affidavit of the law enforcement officer making the service.
(d) For service under this section only, service upon an individual may occur at any time, including Sundays, and legal holidays.
(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short form to law enforcement agencies.
new text begin (f) This section does not apply to service of an order for protection on any custodian. new text end
When an order is issued under this section upon request of the petitioner, the court shall order the sheriff to accompany the petitioner and assist in placing the petitioner in possession of the dwelling or residencedeleted text begin , or otherwise assist in execution or service of the order of protection. If the application for relief is brought in a county in which the respondent is not present, the sheriff shall forward the pleadings necessary for service upon the respondent to the sheriff of the county in which the respondent is present. This transmittal must be expedited to allow for timely servicedeleted text end .
new text begin (a) Where personal service is required under this section, service must comply with subdivision 8 and rule 4.03 of the Rules of Civil Procedure. new text end
new text begin (b) Upon request of the petitioner or order of the court, the sheriff of any county in this state in which a respondent resides or is present must execute or serve any petition, ex parte order, notice of hearing, order for protection, and any other order of a court on the respondent. If the application for relief is brought in a county in which the respondent is not present, the sheriff of the county where the application for relief was brought shall forward the pleadings necessary for service upon the respondent to the sheriff of the county in which the respondent is present. This transmittal must be expedited to allow for timely service. new text end
new text begin (c) new text end Peace officers licensed by the state of Minnesota and corrections officers, including, but not limited to, probation officers, court services officers, parole officers, and employees of jails or correctional facilities, may serve an order for protectionnew text begin on a respondent or any custodian and must, to the extent possible, provide any sheriff, law enforcement officer, or other peace officer attempting to effectuate service with relevant information regarding where a respondent may be found, such as the respondent's residence, the respondent's place of employment or schooling, or other locations frequented by the respondentnew text end .
new text begin (d) The court administrator, the sheriff of any county in this state, and any other law enforcement officer, peace officer, or corrections officer shall perform the duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when the sheriff or other law enforcement officer, peace officer, or corrections officer is unavailable or if service is made by publication, without requiring the petitioner to make application under section 563.01. new text end
new text begin (e) A sheriff, law enforcement officer, or any other peace officer must make reasonable efforts to locate a respondent to effectuate service. Reasonable efforts may include: new text end
new text begin (1) a search of any information that is publicly available; new text end
new text begin (2) a search of any government data in a database to which the sheriff, law enforcement officer, or other peace officer has access, provided the data is classified as public data on individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal justice agencies, as defined in section 13.02, subdivision 3a; and new text end
new text begin (3) communication with any court administrator, the sheriff of any county in this state, and any other law enforcement officer, peace officer, or corrections officer. new text end
new text begin (f) A sheriff, law enforcement officer, or any other peace officer who serves a respondent who the sheriff or officer knows is on supervised probation or supervised release with an ex parte order, order for protection, or short-form notification must provide a copy of the served order or notification to the respondent's probation officer, supervised release or conditional release agent, or parole officer. new text end
(a) Upon application, notice to all parties, new text begin notice to any custodian, new text end and hearing, the court may modify the terms of an existing order for protection.
(b) If the court orders relief under subdivision 6a, paragraph (c), the respondent named in the order for protection may request to have the order vacated or modified if the order has been in effect for at least five years and the respondent has not violated the order during that time. Application for relief under this subdivision must be made in the county in which the order for protection was issued. Upon receipt of the request, the court shall set a hearing date. Personal service must be made upon the petitioner named in the order for protection not less than 30 days before the date of the hearing.new text begin Notice of the request and hearing may be made on any custodian personally or by certified mail.new text end At the hearing, the respondent named in the order for protection has the burden of proving by a preponderance of the evidence that there has been a material change in circumstances and that the reasons upon which the court relied in granting or extending the order for protection no longer apply and are unlikely to occur. If the court finds that the respondent named in the order for protection has met the burden of proof, the court may vacate or modify the order. If the court finds that the respondent named in the order for protection has not met the burden of proof, the court shall deny the request and no request may be made to vacate or modify the order for protection until five years have elapsed from the date of denial. An order vacated or modified under this paragraph must be personally served on the petitioner named in the order for protectionnew text begin and may be served on any custodian personally or by certified mailnew text end .
new text begin (a) A custodian who is a program participant as defined in section 5B.02, paragraph (g), may direct the court to use the address designated by the secretary of state as the address of the program participant. Section 5B.03, subdivision 1, clause (3), applies to service of any notice, order, or other document required to be served under this section. The protections, limitations, and requirements in chapter 5B apply to any information regarding a custodian who is a program participant. new text end
new text begin (b) Failure to serve a custodian with a petition, order for protection, dismissal, or any other order must not prevent any order from taking effect or otherwise invalidate any order issued pursuant to this section. In the event that service of a notice of a hearing is not completed on any custodian at least 24 hours prior to the time set for the hearing, the court may set a new hearing date no more than five days later. new text end
The filing fees for a restraining order under this section are waived for the petitioner and the respondent if the petition alleges acts that would constitute a violation of section 609.749, subdivision 2, 3, 4, or 5, or sections 609.342 to 609.3451. deleted text begin The court administrator and any peace officer in this state shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when a peace officer is unavailable or if service is made by publication.deleted text end
(a) The court may issue a restraining order that provides any or all of the following:
(1) orders the respondent to cease or avoid the harassment of another person; or
(2) orders the respondent to have no contact with another person.
(b) The court may issue an order under paragraph (a) if all of the following occur:
(1) the petitioner has filed a petition under subdivision 3;
(2) a peace officer has served respondent with a copy of the temporary restraining order obtained under subdivision 4, and with notice of the right to request a hearing, or service has been made by publication under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are reasonable grounds to believe that the respondent has engaged in harassment.
A restraining order may be issued only against the respondent named in the petition; except that if the respondent is an organization, the order may be issued against and apply to all of the members of the organization. If the court finds that the petitioner has had two or more previous restraining orders in effect against the same respondent or the respondent has violated a prior or existing restraining order on two or more occasions, relief granted by the restraining order may be for a period of up to 50 years. In all other cases, relief granted by the restraining order must be for a fixed period of not more than two years. When a referee presides at the hearing on the petition, the restraining order becomes effective upon the referee's signature.
(c) An order issued under this subdivision must be personally served upon the respondentnew text begin , or if the respondent appears remotely for a hearing and is notified at the hearing by the judicial officer that a restraining order will be issued, the order may be served on the respondent electronically or by first class mail, as ordered by the courtnew text end .
(d) If the court orders relief for a period of up to 50 years under paragraph (a), the respondent named in the restraining order may request to have the restraining order vacated or modified if the order has been in effect for at least five years and the respondent has not violated the order. Application for relief under this paragraph must be made in the county in which the restraining order was issued. Upon receipt of the request, the court shall set a hearing date. Personal service must be made upon the petitioner named in the restraining order not less than 30 days before the date of the hearing. At the hearing, the respondent named in the restraining order has the burden of proving by a preponderance of the evidence that there has been a material change in circumstances and that the reasons upon which the court relied in granting the restraining order no longer apply and are unlikely to occur. If the court finds that the respondent named in the restraining order has met the burden of proof, the court may vacate or modify the order. If the court finds that the respondent named in the restraining order has not met the burden of proof, the court shall deny the request and no request may be made to vacate or modify the restraining order until five years have elapsed from the date of denial. An order vacated or modified under this paragraph must be personally served on the petitioner named in the restraining order.
new text begin (a) Where personal service is required under this section, service must comply with rule 4.03 of the Rules of Civil Procedure. new text end
new text begin (b) new text end In addition to peace officers, corrections officers, including but not limited to probation officers, court services officers, parole officers, and employees of jails or correctional facilities, may serve a temporary restraining order or restraining ordernew text begin and must, to the extent possible, provide any sheriff, law enforcement officer, or other peace officer attempting to effectuate service with relevant information regarding where a respondent may be found, such as the respondent's residence, the respondent's place of employment or schooling, or other locations frequented by the respondentnew text end .
new text begin (c) The court administrator and any peace officer in this state shall perform their duties relating to service of process without charge to the petitioner. The court shall direct payment of the reasonable costs of service of process if served by a private process server when a peace officer is unavailable or if service is made by publication. new text end
new text begin (d) A sheriff, law enforcement officer, or any other peace officer must make reasonable efforts to locate a respondent to effectuate service. Reasonable efforts may include: new text end
new text begin (1) a search of any information that is publicly available; new text end
new text begin (2) a search of any government data in a database to which the sheriff, law enforcement officer, or other peace officer has access, provided the data is classified as public data on individuals as defined in section 13.02, subdivision 15, or is otherwise available to criminal justice agencies, as defined in section 13.02, subdivision 3a; and new text end
new text begin (3) communication with any court administrator, the sheriff of any county in this state, and any other law enforcement officer, peace officer, or corrections officer. new text end
new text begin (e) A sheriff, law enforcement officer, or any other peace officer who serves a respondent who the sheriff or officer knows is on supervised probation or supervised release with a temporary restraining order, restraining order, or short-form notification must provide a copy of the served order or notification to the respondent's probation officer, supervised release or conditional release agent, or parole officer. new text end
new text begin Orders for dismissal of a temporary restraining order or a restraining order may be served personally or by certified mail. new text end
"Eligible client" means an individual that is financially unable to afford legal assistance, as determined by a recipient on the basis of eligibility guidelines established by the deleted text begin supreme courtdeleted text end new text begin State Board of Civil Legal Aidnew text end pursuant to section 480.243, subdivision 1.
"Recipient" means a qualified legal services program that receives funds deleted text begin from the supreme courtdeleted text end new text begin pursuant to section 480.242new text end to provide legal services to eligible clients.
new text begin (a) The State Board of Civil Legal Aid is a part of but is not subject to the administrative control of the judicial branch of government. new text end
new text begin (b) The board shall consist of 11 members as follows: new text end
new text begin (1) six members appointed by the supreme court; and new text end
new text begin (2) five members appointed by the governor. new text end
new text begin (c) All candidates shall have demonstrated a commitment in maintaining high-quality civil legal services to people of low or moderate means. The appointing entities shall seek board members who reflect the diverse populations served by civil legal aid through attorney and nonattorney members. new text end
new text begin (d) The appointing entities may not appoint an active judge to be a member of the board, but may appoint a retired judge. The appointing entities may not appoint a person who is closely affiliated with any entity awarded funding pursuant to section 480.242 or any entity seeking funding pursuant to section 480.242. The board may set term limits for board members. An appointing authority may not make an appointment that exceeds the term limits established by the board. new text end
new text begin (e) The terms, compensation, and removal of board members shall be as provided in section 15.0575, except that the board may establish a per diem in excess of the amount provided in law. The members shall elect the chair from among the membership for a term of two years. new text end
new text begin (a) The State Board of Civil Legal Aid shall work to ensure access to high-quality civil legal services in every Minnesota county. new text end
new text begin (b) The board shall: new text end
new text begin (1) approve and recommend to the legislature a budget for the board and the civil legal services grants distributed subject to section 480.242; new text end
new text begin (2) establish procedures for distribution of funding under section 480.242; and new text end
new text begin (3) establish civil program standards, administrative policies, or procedures necessary to ensure quality advocacy for persons unable to afford private counsel. new text end
new text begin (c) The board may propose statutory changes to the legislature and rule changes to the supreme court that are in the best interests of persons unable to afford private counsel. new text end
new text begin (d) The board shall not interfere with the discretion or judgment of civil legal services programs in their advocacy. new text end
new text begin The State Board of Civil Legal Aid shall appoint a program administrator who serves at the pleasure of the board. The program administrator is not required to be licensed to practice law. The program administrator shall attend all meetings of the board, but may not vote, and shall: new text end
new text begin (1) carry out all administrative functions necessary for the efficient and effective operation of the board and the civil legal aid delivery system, including but not limited to hiring, supervising, and disciplining program staff; new text end
new text begin (2) implement, as necessary, resolutions, standards, rules, regulations, and policies of the board; new text end
new text begin (3) keep the board fully advised as to its financial condition, and prepare and submit to the board the annual program and State Board of Civil Legal Aid budget and other financial information as requested by the board; new text end
new text begin (4) recommend to the board the adoption of rules and regulations necessary for the efficient operation of the board and the civil legal aid program; and new text end
new text begin (5) perform other duties prescribed by the board. new text end
new text begin The board may contract for administrative support services. new text end
new text begin Access to records of the State Board of Civil Legal Aid is subject to the Rules of Public Access for Records of the Judicial Branch, excluding the appeals process in rule 9. Pursuant to section 13.90, the board is not subject to chapter 13. new text end
At times and in accordance with any procedures deleted text begin as the supreme court adopts in the form of court rulesdeleted text end new text begin adopted by the State Board of Civil Legal Aidnew text end , applications for the expenditure of civil legal services funds shall be accepted from qualified legal services programs or from local government agencies and nonprofit organizations seeking to establish qualified alternative dispute resolution programs. The applications shall be reviewed by the deleted text begin advisory committee, and the advisory committee, subject to review by the supreme courtdeleted text end new text begin State Board of Civil Legal Aidnew text end , new text begin which new text end shall distribute the funds available for this expenditure to qualified legal services programs or to qualified alternative dispute resolution programs submitting applications. The funds shall be distributed in accordance with the following formula:
(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal services programs that have demonstrated an ability as of July 1, 1982, to provide legal services to persons unable to afford private counsel with funds provided by the federal Legal Services Corporation. The allocation of funds among the programs selected shall be based upon the number of persons with incomes below the poverty level established by the United States Census Bureau who reside in the geographical area served by each program, as determined by the deleted text begin supreme courtdeleted text end new text begin State Board of Civil Legal Aidnew text end on the basis of the most recent national census. All funds distributed pursuant to this clause shall be used for the provision of legal services in civil and farm legal assistance matters as prioritized by program boards of directors to eligible clients.
(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal services programs for the provision of legal services in civil matters to eligible clients, including programs which organize members of the private bar to perform services and programs for qualified alternative dispute resolution, (2) to programs for training mediators operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal services programs to provide family farm legal assistance for financially distressed state farmers. The family farm legal assistance must be directed at farm financial problems including, but not limited to, liquidation of farm property including bankruptcy, farm foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit and general debtor-creditor relations, and tax considerations. If all the funds to be distributed pursuant to this clause cannot be distributed because of insufficient acceptable applications, the remaining funds shall be distributed pursuant to clause (a).
A person is eligible for legal assistance under this section if the person is an eligible client as defined in section 480.24, subdivision 2, or:
(1) is a state resident;
(2) is or has been a farmer or a family shareholder of a family farm corporation within the preceding 24 months;
(3) has a debt-to-asset ratio greater than 50 percent; and
(4) satisfies the income eligibility guidelines established under section 480.243, subdivision 1.
Qualifying farmers and small business operators whose bank loans are held by the Federal Deposit Insurance Corporation are eligible for legal assistance under this section.
The funds to be distributed to recipients selected in accordance with the provisions of subdivision 2 shall be distributed by the deleted text begin supreme courtdeleted text end new text begin State Board of Civil Legal Aidnew text end no less than twice per calendar year.
The deleted text begin supreme court, with the advice of the advisory committee,deleted text end new text begin State Board of Civil Legal Aidnew text end shall establish guidelines deleted text begin in the form of court rulesdeleted text end to be used by recipients to determine the eligibility of individuals and organizations for legal services provided with funds received pursuant to section 480.242. The guidelines shall be designed solely to assist recipients in determining whether an individual or organization is able to afford or secure legal assistance from private counsel with respect to the particular matter for which assistance is requested.
new text begin Staff currently employed to support the advisory committee created pursuant to Minnesota Statutes, section 480.242, shall transfer to the State Board of Civil Legal Aid upon the effective date consistent with Minnesota Statutes, section 15.039, subdivision 7. new text end
new text begin Minnesota Statutes 2022, section 480.242, subdivision 1, new text end new text begin is repealed. new text end
new text begin Sections 1 to 8 are effective on July 1, 2025. new text end
new text begin (a) Subject to paragraph (b), the personal information of all judicial officials collected, created, or maintained by a government entity is private data on individuals. For purposes of this section, the terms "personal information" and "judicial official" have the meanings given in section 480.40, subdivision 1. new text end
new text begin (b) If the responsible authority or government entity violates this chapter, the remedies and penalties under this chapter are available only if the judicial official making a claim previously provided written notification to the responsible authority confirming on a form provided by the Minnesota judicial branch that they are entitled to protection under section 480.40. If the subject of the data is an adult child of a judicial official who does not reside with the judicial official, the remedies and penalties under this chapter are available only if the adult child previously provided written notification to the responsible authority confirming their status as the child of a judicial official. In the case of county records, the form shall be filed with the responsible authority that maintains the personal information for which the judicial officer is seeking protection. A form submitted under this section is private data on individuals. A notice filed under this paragraph expires five years following the date of filing, unless it is renewed prior to the expiration date. new text end
new text begin (c) This section shall not apply to personal information contained in: new text end
new text begin (1) real property records as defined in section 13.045, subdivision 1, clause (5); new text end
new text begin (2) Uniform Commercial Code filings and tax liens maintained by the secretary of state; and new text end
new text begin (3) any other records maintained by a government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property. new text end
new text begin This section is effective August 1, 2024. new text end
new text begin (a) For purposes of this section and section 480.45, the following terms have the meanings given. new text end
new text begin (b) "Judicial official" means: new text end
new text begin (1) every Minnesota district court judge, senior judge, retired judge, and every judge of the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge who resides in Minnesota; new text end
new text begin (2) a justice of the Minnesota Supreme Court; new text end
new text begin (3) employees of the Minnesota judicial branch; new text end
new text begin (4) judicial referees and magistrate judges; and new text end
new text begin (5) current and retired judges and current employees of the Office of Administrative Hearings, Workers' Compensation Court of Appeals, and Tax Court. new text end
new text begin (c) "Personal information" does not include publicly available information. Personal information means: new text end
new text begin (1) a residential address of a judicial official; new text end
new text begin (2) a residential address of the spouse, domestic partner, or children of a judicial official; new text end
new text begin (3) a nonjudicial branch issued telephone number or email address of a judicial official; new text end
new text begin (4) the name of any child of a judicial official; and new text end
new text begin (5) the name of any child care facility or school that is attended by a child of a judicial official if combined with an assertion that the named facility or school is attended by the child of a judicial official. new text end
new text begin (d) "Publicly available information" means information that is lawfully made available through federal, state, or local government records or information that a business has a reasonable basis to believe is lawfully made available to the general public through widely distributed media, by a judicial official, or by a person to whom the judicial official has disclosed the information, unless the judicial official has restricted the information to a specific audience. new text end
new text begin (e) "Law enforcement support organizations" do not include charitable organizations. new text end
new text begin Subject to the exceptions in subdivision 3 and the requirements of section 480.45, no person, business, association, or government entity shall knowingly publicly post, display, publish, sell, or otherwise make available on the Internet the personal information of any judicial official. Personal information shall be kept in a secure manner to prevent unauthorized access. Personal information may be disseminated pursuant to a specific authorization in law, rule, or with the written consent of the judicial official. new text end
new text begin Subdivision 2 does not apply to: new text end
new text begin (1) the dissemination of personal information if the information is relevant to and displayed as part of a news story, commentary, editorial, or other speech on a matter of public concern; new text end
new text begin (2) personal information that the judicial official voluntarily disseminates publicly after the date of enactment of this section; new text end
new text begin (3) the dissemination of personal information made at the request of the judicial official or which is necessary to effectuate the request of a judicial official; new text end
new text begin (4) a commercial entity using personal information internally, providing access to businesses under common ownership or affiliated by corporate control, or selling or providing data for a transaction or service requested by or concerning the individual whose personal information is being transferred; new text end
new text begin (5) a commercial entity providing publicly available information through real-time or near real-time alert services for health or safety purposes; new text end
new text begin (6) a commercial entity engaged in the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on a consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, furnisher, or user that provides information for use in a consumer report, and by a user of a consumer report, but only to the extent that such activity is regulated by and authorized under the federal Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq.; new text end
new text begin (7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United States Code, title 15, section 1681, et seq.; new text end
new text begin (8) a commercial entity using personal information collected, processed, sold, or disclosed in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code, title 18, section 2721, et seq.; new text end
new text begin (9) a commercial entity using personal information to do any of the following: prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity or security of systems; or investigate, report, or prosecute any person responsible for any such action; new text end
new text begin (10) a financial institution, affiliate of a financial institution, or data subject to title V of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.; new text end
new text begin (11) a covered entity or business associate for purposes of the federal privacy regulations promulgated under the federal Health Insurance Portability and Accountability Act of 1996, specifically United States Code, title 42, section 1320d-2 note; new text end
new text begin (12) insurance and insurance support organizations; new text end
new text begin (13) law enforcement agencies or law enforcement support organizations and vendors that provide data support services to law enforcement agencies; new text end
new text begin (14) the collection and sale or licensing of covered information incidental to conducting the activities described in clauses (4) to (13); and new text end
new text begin (15) personal information contained in: new text end
new text begin (i) real property records as defined in section 13.045, subdivision 1, clause (5); new text end
new text begin (ii) uniform commercial code filings and tax liens maintained by the secretary of state; and new text end
new text begin (iii) any other records maintained by a government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property. new text end
new text begin This section is effective August 1, 2024. new text end
new text begin If personal information about a judicial official is publicly posted to the Internet by a person, business, association, or government entity, the judicial official may submit a sworn affidavit to the person, business, association, or government entity requesting that the publicly posted personal information be removed. The affidavit shall: new text end
new text begin (1) state that the individual whose information was disseminated is a judicial official as defined in section 480.40; new text end
new text begin (2) describe with specificity the personal information that the judicial official seeks to remove; and new text end
new text begin (3) state the name of the publication, website, or otherwise identify where the judicial official's personal information is available to the public. new text end
new text begin (a) Upon receipt of an affidavit requesting removal of the personal information of a judicial official that meets the requirements of subdivision 1, the person, business, association, or government entity shall remove the publicly posted personal information within 30 days. If the person, business, association, or government entity fails to remove the publicly posted personal information within 30 days after an affidavit is submitted, the judicial official may file a civil action in a court of competent jurisdiction seeking a court order compelling compliance, including injunctive and declarative relief. new text end
new text begin (b) Paragraph (a) shall not apply to personal information contained in: new text end
new text begin (1) real property records as defined in section 13.045, subdivision 1, clause (5); new text end
new text begin (2) uniform commercial code filings and tax liens maintained by the secretary of state; and new text end
new text begin (3) any other records maintained by a government entity evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property. new text end
new text begin If a person, business, association, or government entity knowingly violates an order granting injunctive or declarative relief, the court issuing such an order may award to the judicial official an amount equal to the actual damages sustained by the judicial official, and court costs and reasonable attorney fees. new text end
new text begin This section is effective August 1, 2024. new text end
new text begin For the purposes of this section, the terms "personal information" and "judicial official" have the meanings given in section 480.40, subdivision 1. new text end
new text begin It is unlawful to knowingly publish the personal information of any judicial official in any publicly available publication, website, or media with the intent to threaten, intimidate, harass, or physically injure. A person convicted of violating this subdivision is guilty of a misdemeanor. new text end
new text begin If a person's violation of subdivision 2 also causes bodily harm as defined in section 609.02, subdivision 7, the person is guilty of a felony. new text end
new text begin This section is effective August 1, 2024, and applies to crimes committed on or after that date. new text end
Whenever the petitioner shall require title and possession of all or part of the owner's property prior to the filing of an award by the court appointed commissioners, the petitioner shall, at least 90 days prior to the date on which possession is to be taken, notify the owner of the intent to possess by notice served by certified mail and before taking title and possession shall pay to the owner or deposit with the court an amount equal to petitioner's approved appraisal of value. Amounts deposited with the court shall be paid out under the direction of the court. If it is deemed necessary to deposit the above amount with the court the petitioner may apply to the court for an order transferring title and possession of the property or properties involved from the owner to the petitioner. In all other cases, petitioner has the right to the title and possession after the filing of the award by the court appointed commissioners as follows:
(1) if appeal is waived by the parties upon payment of the award;
(2) if appeal is not waived by the parties upon payment or deposit of three-fourths of the awardnew text begin to be deposited with the court administratornew text end . deleted text begin The amount depositeddeleted text end new text begin If the amount exceeds $10,000, itnew text end shall be deposited by the court administrator in an interest bearing account no later than deleted text begin thedeleted text end new text begin fivenew text end business deleted text begin daydeleted text end new text begin daysnew text end next following the day on which the amount was deposited with the court. All interest credited to the amount deposited from the date of deposit shall be paid to the ultimate recipient of the amount deposited.
Nothing in this section shall limit rights granted in section 117.155.
If a person fails within 30 days to satisfy a judgment, the court administrator, upon affidavit of the judgment creditor that the judgment has not been satisfied, shall immediately deleted text begin forward todeleted text end new text begin notifynew text end the commissioner deleted text begin a certified copy of the judgment and affidavit of identificationdeleted text end new text begin that the judgment has not been satisfiednew text end .
If the judgment debtor named in a deleted text begin certified copy of adeleted text end judgment reported to the commissioner is a nonresident, the commissioner shall deleted text begin transmit a certified copy of the judgment todeleted text end new text begin notifynew text end the official in charge of the issuance of drivers' licenses of the state of which the judgment debtor is a resident.
(a) The commissioner, upon deleted text begin receipt of a certified copydeleted text end new text begin notificationnew text end of a judgment, shall suspend the license or the nonresident's operating privilege of the person against whom judgment was rendered if:
(1) at the time of the accident the person did not maintain the reparation security required by section 65B.48; and
(2) the judgment has not been satisfied.
(b) Suspensions under this section are subject to the notice requirements of section 171.18, subdivision 2.
"Court examiner" means a person appointed to serve the court, and who is a physician or deleted text begin licenseddeleted text end psychologist who has a doctoral degree in psychologynew text begin , and is either licensed in Minnesota or who holds current authority to practice in Minnesota under an approved interstate compactnew text end .
(a) The state court administrator under the direction of the Judicial Council may promulgate uniform collections policies and procedures for the courts and may contract with credit bureaus, public and private collection agencies, the Department of Revenue, and other public or private entities providing collection services as necessary for the collection of court debts. The court collection process and procedures are not subject to section 16A.1285. Court debts referred to the Department of Revenue for collection are not subject to section 16D.07.new text begin Court debts referred to the Department of Revenue for revenue recapture are not subject to section 270A.08 or 270A.09.new text end
(b) Court debt means an amount owed to the state directly or through the judicial branch on account of a fee, duty, rent, service, overpayment, fine, assessment, surcharge, court cost, penalty, restitution, damages, interest, bail bond, forfeiture, reimbursement, liability owed, an assignment to the judicial branch, recovery of costs incurred by the judicial branch, or any other source of indebtedness to the judicial branch as well as amounts owed to other public or private entities for which the judicial branch acts in providing collection services, or any other amount owed to the judicial branch.
(c) The courts must pay for the collection services of public or private collection entities as well as the cost of one or more court employees to provide collection interface services between the Department of Revenue, the courts, and one or more collection entities from the money collected. The portion of the money collected which must be paid to the collection entity as collection fees and costs and the portion of the money collected which must be paid to the courts or Department of Revenue for collection services are appropriated from the fund to which the collected money is due.
(d) As determined by the state court administrator, collection costs shall be added to the debts referred to a public or private collection entity for collection.
Collection costs shall include the fees of the collection entity, and may include, if separately provided, skip tracing fees, credit bureau reporting charges, fees assessed by any public entity for obtaining information necessary for debt collection, or other collection-related costs. Collection costs shall also include the costs of one or more court employees employed by the state court administrator to provide a collection interface between the collection entity, the Department of Revenue, and the courts.
If the collection entity collects an amount less than the total due, the payment is applied proportionally to collection costs and the underlying debt. Collection costs in excess of collection agency fees and court employee collection interface costs must be deposited in the general fund as nondedicated receipts.
An employer shall not deprive an employee of employment, or threaten or otherwise coerce the employee with respect deleted text begin theretodeleted text end new text begin to employment statusnew text end , because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service.new text begin An employer must release an employee from the employee's regular work schedule, including any shift work, to permit the employee to attend court for prospective jury service. An employer must not require an employee to work an alternative shift on any day the juror is required to report to the courthouse for jury service. Nothing in this section shall prevent an employee from voluntarily requesting to work an alternative work schedule on any day the juror is required to report to the courthouse for jury service, as long as the employer does not encourage, prompt, or ask for the employee to make such a request.new text end
"Court examiner" means a person appointed to serve the court deleted text begin by examining a defendant whose competency is at issuedeleted text end and who is a physician or deleted text begin licenseddeleted text end psychologist who has a doctoral degree in psychologynew text begin , and is either licensed in Minnesota or who holds current authority to practice in Minnesota under an approved interstate compactnew text end .
(a) The State Board of Public Defense is a part of, but is not subject to the administrative control of, the judicial branch of government. The State Board of Public Defense shall consist of nine members including:
(1) five attorneys admitted to the practice of law, well acquainted with the defense of persons accused of crime, but not employed as prosecutors, appointed by the supreme court, of which one must be a retired or former public defender within the past five years; and
(2) four public members appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of the State Board of Public Defensedeleted text begin , other than as a member of the ad hoc Board of Public Defensedeleted text end .
(b) All members shall demonstrate an interest in maintaining a high quality, independent defense system for those who are unable to obtain adequate representation. Appointments to the board shall include qualified women and members of minority groups. At least three members of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members shall be as provided in section 15.0575. The chair shall be elected by the members from among the membership for a term of two years.
(c) deleted text begin In addition, the State Board of Public Defense shall consist of a nine-member ad hoc board when considering the appointment of district public defenders under section 611.26, subdivision 2.deleted text end The terms of chief district public defenders currently serving shall terminate in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
(d) Meetings of the board are subject to chapter 13D.
(a) The board shall approve and recommend to the legislature a budget for the board, the office of state public defender, the judicial district public defenders, and the public defense corporations.
(b) The board shall establish procedures for distribution of state funding under this chapter to the state and district public defenders and to the public defense corporations.
(c) The state public defender with the approval of the board shall establish standards for the offices of the state and district public defenders deleted text begin and for the conduct of all appointed counsel systemsdeleted text end . The standards must include, but are not limited to:
(1) standards needed to maintain and operate an office of public defender including requirements regarding the qualifications, training, and size of the legal and supporting staff deleted text begin for a public defender or appointed counsel systemdeleted text end ;
(2) standards for public defender caseloads;
deleted text begin (3) standards and procedures for the eligibility for appointment, assessment, and collection of the costs for legal representation provided by public defenders or appointed counsel; deleted text end
deleted text begin (4) standards for contracts between a board of county commissioners and a county public defender system for the legal representation of indigent persons; deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end standards prescribing minimum qualifications of counsel appointed under the board's authority deleted text begin or by the courtsdeleted text end ; and
deleted text begin (6)deleted text end new text begin (4)new text end standards ensuring the independent, competent, and efficient representation of clients whose cases present conflicts of interest, in both the trial and appellate courts.
deleted text begin (d) The board may require the reporting of statistical data, budget information, and other cost factors by the state and district public defenders and appointed counsel systems. deleted text end
The state public defender is responsible to the State Board of Public Defense. The state public defender shall supervise the operation, activities, policies, and procedures of the statewide public defender system. When requested by a district public defender deleted text begin or appointed counseldeleted text end , the state public defender may assist the district public defenderdeleted text begin , appointed counsel,deleted text end or an organization designated in section 611.216 in the performance of duties, including trial representation in matters involving legal conflicts of interest or other special circumstances, and assistance with legal research and brief preparation. The state public defender shall be appointed by the State Board of Public Defense for a term of four years, except as otherwise provided in this section, and until a successor is appointed and qualified. The state public defender shall be a full-time qualified attorney, licensed to practice law in this state, serve in the unclassified service of the state, and new text begin may only new text end be removed deleted text begin only for causedeleted text end new text begin before the end of a termnew text end by deleted text begin the appointing authoritydeleted text end new text begin a majority vote of the board members present at a meeting of the board of public defensenew text end . Vacancies in the office shall be filled by the appointing authority for the unexpired term. The salary of the state public defender shall be fixed by the State Board of Public Defense. Terms of the state public defender shall commence on July 1. The state public defender shall devote full time to the performance of duties and shall not engage in the general practice of law.
(a) Beginning January 1, 2007, and for every four years after that date, the State Board of Public Defense shall appoint a chief appellate public defender in charge of appellate services, who shall employ or retain assistant state public defenders and other personnel as may be necessary to discharge the functions of the office. The chief appellate public defender shall serve a four-year term and may new text begin only new text end be removed deleted text begin only for cause upon the order ofdeleted text end new text begin before the end of a term by a majority vote of board members present at a meeting ofnew text end the State Board of Public Defense. The chief appellate public defender shall be a full-time qualified attorney, licensed to practice law in this state, and serve in the unclassified service of the state. Vacancies in the office shall be filled by the appointing authority for the unexpired term.
(b) An assistant state public defender shall be a qualified attorneydeleted text begin ,deleted text end licensed to practice law in this statedeleted text begin , serve in the unclassified service of the state if employed, and serve at the pleasure of the appointing authority at a salary or retainer fee not to exceed reasonable compensation for comparable services performed for other governmental agencies or departmentsdeleted text end . Retained or part-time employed assistant state public defenders may engage in the general practice of law. The compensation of the chief appellate public defender deleted text begin and the compensation of each assistant state public defenderdeleted text end shall be set by the State Board of Public Defense. The chief appellate public defender shall devote full time to the performance of duties and shall not engage in the general practice of law.
deleted text begin (c) The incumbent deputy state public defender as of December 31, 2006, shall be appointed as the chief appellate public defender for the four-year term beginning on January 1, 2007. deleted text end
The State Board of Public Defense shall appoint a chief district public defender for each judicial district. deleted text begin When appointing a chief district public defender, the state Board of Public Defense membership shall be increased to include two residents of the district appointed by the chief judge of the district to reflect the characteristics of the population served by the public defender in that district. The additional members shall serve only in the capacity of selecting the district public defender. The ad hoc state Board of Public Defense shall appoint a chief district public defender only after requesting and giving reasonable time to receive any recommendations from the public, the local bar association, and the judges of the district.deleted text end Each chief district public defender shall be a qualified attorney licensed to practice law in this state. The chief district public defender shall be appointed for a term of four years, beginning January 1, pursuant to the following staggered term schedule: (1) in 2008, the second and eighth districts; (2) in 2009, the first, third, fourth, and tenth districts; (3) in 2010, the fifth and ninth districts; and (4) in 2011, the sixth and seventh districts. The chief district public defenders shall serve for four-year terms and may new text begin only new text end be removed deleted text begin for cause upon the order ofdeleted text end new text begin before the end of a term by a majority vote of the board members at a meeting ofnew text end the state Board of Public Defense. Vacancies in the office shall be filled by the appointing authority for the unexpired term. The chief district public defenders shall devote full time to the performance of duties and shall not engage in the general practice of law.
(a) The compensation of the chief district public defender deleted text begin and the compensation of each assistant district public defenderdeleted text end shall be set by the Board of Public Defense. deleted text begin To assist the Board of Public Defense in determining compensation under this subdivision, counties shall provide to the board information on the compensation of county attorneys, including salaries and benefits, rent, secretarial staff, and other pertinent budget data. For purposes of this subdivision, compensation means salaries, cash payments, and employee benefits including paid time off and group insurance benefits, and other direct and indirect items of compensation including the value of office space provided by the employer.deleted text end
(b) This subdivision does not limit the rights of public defenders to collectively bargain with their employers.
(a) Notwithstanding subdivision 3 or any other law to the contrary, compensation and economic benefit increases for chief district public defenders and assistant district public defenders, who are full-time county employees, shall be paid out of the budget for that judicial district public defender's office.
(b) In the Second Judicial District, the district public defender's office shall be funded by the Board of Public Defense. The budget for the Second Judicial District Public Defender's Office shall not include Ramsey County property taxes.
(c) In the Fourth Judicial District, the district public defender's office shall be funded by the Board of Public Defense and by the Hennepin County Board. Personnel expenses of state employees hired on or after January 1, 1999, in the Fourth Judicial District Public Defender's Office shall be funded by the Board of Public Defense.
deleted text begin (d) Those budgets for district public defender services in the Second and Fourth Judicial Districts under the jurisdiction of the state Board of Public Defense shall be eligible for adjustments to their base budgets in the same manner as other state agencies. In making biennial budget base adjustments, the commissioner of management and budget shall consider the budgets for district public defender services in all judicial districts, as allocated by the state Board of Public Defense, in the same manner as other state agencies. deleted text end
A chief district public defender shall appoint assistants who are qualified attorneys licensed to practice law in this state and other staff as the chief district public defender finds prudent and necessary subject to the standards adopted by the state public defender. deleted text begin Assistant district public defenders must be appointed to ensure broad geographic representation and caseload distribution within the district. Each assistant district public defender serves at the pleasure of the chief district public defender.deleted text end A chief district public defender is authorized, subject to approval by the state deleted text begin Board of Public Defensedeleted text end new text begin public defendernew text end or their designee, to hire an independent contractor to perform the duties of an assistant public defender.
(a) Except as provided in subdivision 3, deleted text begin the district public defender anddeleted text end assistant public defenders of the Second Judicial District are employees of Ramsey County in the unclassified service under section 383A.286.
(b) Except as provided in subdivision 3, deleted text begin the district public defender anddeleted text end assistant public defenders of the Fourth Judicial District are employees of Hennepin County under section 383B.63, subdivision 6.
(a) District public defenders and their employees, other than in the Second and Fourth Judicial Districts, are state employees in the judicial branch, and are governed by the personnel rules adopted by the State Board of Public Defense.
deleted text begin (b) A district public defender or district public defender employee who becomes a state employee under this section, and who participated in a county insurance program on June 30, 1993, may elect to continue to participate in the county program according to procedures established by the Board of Public Defense. An affected county shall bill the Board of Public Defense for employer contributions, in a manner prescribed by the board. The county shall not charge the board any administrative fee. Notwithstanding any law to the contrary, a person who is first employed as a district public defender after July 1, 1993, shall participate in the state employee insurance program, as determined by the state Board of Public Defense, in consultation with the commissioner of management and budget. deleted text end
deleted text begin (c)deleted text end new text begin (b)new text end A district public defender or district public defender employee who becomes a state employee under this section, and who participated in the Public Employee Retirement Association on June 30, 1993, may elect to continue to participate in the Public Employees Retirement Association according to procedures established by the Board of Public Defense and the association. Notwithstanding any law to the contrary, a person who is first employed as a state employee or by a district public defender after July 1, 1993, must participate in the Minnesota State Retirement System.
deleted text begin (d)deleted text end new text begin (c)new text end A person performing district public defender work as an independent contractor is not eligible to be covered under the state group insurance plan or the Public Employee Retirement Association.
deleted text begin (a) A chief district public defender shall annually submit a comprehensive budget to the state Board of Public Defense. The budget shall be in compliance with standards and forms required by the board. The chief district public defender shall, at times and in the form required by the board, submit reports to the board concerning its operations, including the number of cases handled and funds expended for these services. deleted text end
deleted text begin (b)deleted text end Money appropriated to the State Board of Public Defense for the board's administration, for the state public defender, for the judicial district public defenders, and for the public defense corporations shall be expended as determined by the board. In distributing funds to district public defenders, the board shall consider deleted text begin the geographic distribution of public defenders, the equity of compensation among the judicial districts,deleted text end public defender case loadsdeleted text begin ,deleted text end and the results of the weighted case load study.
In a case where the chief district public defender does not believe that the office can provide adequate representation, the chief public defender of the district shall immediately notify the state public defender.new text begin The chief district public defender may request that the state public defender authorize appointment of counsel other than the district public defender in the case.new text end
The chief public defender may not request nor may the state public defender approve the addition of permanent staff under deleted text begin subdivision 7deleted text end new text begin this sectionnew text end .
new text begin (a) new text end If the state public defender finds that the provision of adequate legal representation, including associated services, is beyond the ability of the district public defender to provide, the state public defender may approve counsel to be appointed, with compensation and expenses to be paid under deleted text begin the provisions ofdeleted text end this subdivision deleted text begin and subdivision 7deleted text end . Counsel in deleted text begin suchdeleted text end new text begin thesenew text end cases shall be appointed by the chief district public defender.
new text begin (b) All billings for services rendered and ordered under this subdivision shall require the approval of the chief district public defender before being forwarded to the state public defender for payment. Counsel appointed under this subdivision shall document the time worked and expenses incurred in a manner prescribed by the chief district public defender. In cases where adequate representation cannot be provided by the district public defender and where counsel has been approved by the state public defender, the Board of Public Defense shall pay all services from county program aid transferred by the commissioner of revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a). new text end
deleted text begin All billings for services rendered and ordered under subdivision 7 shall require the approval of the chief district public defender before being forwarded to the state public defender. In cases where adequate representation cannot be provided by the district public defender and where counsel has been approved by the state public defender, the Board of Public Defense shall pay all services from county program aid transferred by the commissioner of revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a). deleted text end
The costs of appointed counsel and associated services in cases arising from new criminal charges brought against indigent inmates who are incarcerated in a Minnesota state correctional facility are the responsibility of the State Board of Public Defense. In deleted text begin suchdeleted text end new text begin thesenew text end cases the state public defender may follow the procedures outlined in this section for obtaining court-ordered counsel.
deleted text begin (a) When a prosecuting attorney appeals to the court of appeals, in any criminal case, from any pretrial order of the district court, reasonable attorney fees and costs incurred shall be allowed to the defendant on the appeal which shall be paid by the governmental unit responsible for the prosecution involved in accordance with paragraph (b). deleted text end
deleted text begin (b) Bydeleted text end new text begin On or beforenew text end January 15deleted text begin , 2013, and every year thereafterdeleted text end new text begin of each yearnew text end , the chief judge of the judicial district, after consultation with city and county attorneys, the chief public defender, and members of the private bar in the district, shall establish a reimbursement rate for attorney fees and costs associated with representation deleted text begin under paragraph (a)deleted text end new text begin of a defendant on appealnew text end . The compensation to be paid to an attorney for such service rendered to a defendant under this subdivision may not exceed deleted text begin $5,000deleted text end new text begin $10,000new text end , exclusive of reimbursement for expenses reasonably incurred, unless payment in excess of that limit is certified by the chief judge of the district as necessary to provide fair compensation for services of an unusual character or duration.
As used in this section, "board" means the deleted text begin Statedeleted text end new text begin Minnesotanew text end Competency Attainment Board established in section 611.56.
(a) The deleted text begin Statedeleted text end new text begin Minnesotanew text end Competency Attainment Board is established in the judicial branch. The board is not subject to the administrative control of the judiciary. The board shall consist of seven members, including:
(1) three members appointed by the supreme court, at least one of whom must be a defense attorney, one a county attorney, and one public member; and
(2) four members appointed by the governor, at least one of whom must be a mental health professional with experience in competency attainment.
(b) The appointing authorities may not appoint an active judge to be a member of the board, but may appoint a retired judge.
(c) All members must demonstrate an interest in maintaining a high quality, independent forensic navigator program and a thorough process for certification of competency attainment programs. Members shall be familiar with the Minnesota Rules of Criminal Procedure, particularly rule 20; chapter 253B; and sections 611.40 to 611.59. Following the initial terms of appointment, at least one member appointed by the supreme court must have previous experience working as a forensic navigator. At least three members of the board shall live outside the First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members shall be as provided in section 15.0575. The members shall elect the chair from among the membership for a term of two years.
The Certification Advisory Committee is established to provide the deleted text begin Statedeleted text end new text begin Minnesotanew text end Competency Attainment Board with advice and expertise related to the certification of competency attainment programs, including jail-based programs.
The Certification Advisory Committee shall consult with the Department of Human Services, the Department of Health, and the Department of Corrections; make recommendations to the deleted text begin Statedeleted text end new text begin Minnesotanew text end Competency Attainment Board regarding competency attainment curriculum, certification requirements for competency attainment programs including jail-based programs, and certification of individuals to provide competency attainment services; and provide information and recommendations on other issues relevant to competency attainment as requested by the board.
new text begin The revisor of statutes shall renumber each section of Minnesota Statutes listed in column A with the number listed in column B. The revisor shall make necessary cross-reference changes consistent with the renumbering. The revisor shall also make any technical and other changes necessitated by the renumbering and cross-reference changes. new text end
new text begin Column A new text end | new text begin Column B new text end | |
new text begin 611.27, subdivision 3 new text end | new text begin 611.24, subdivision 2 new text end | |
new text begin 611.27, subdivision 15 new text end | new text begin 611.24, subdivision 3 new text end | |
new text begin 611.27, subdivision 16 new text end | new text begin 611.24, subdivision 4 new text end |
new text begin Minnesota Statutes 2022, sections 611.20, subdivisions 3, 4, and 7; 611.25, subdivision 3; and 611.27, subdivisions 6, 9, and 12, new text end new text begin are repealed. new text end
(a) For purposes of this chapter and unless the context clearly requires otherwise, the definitions in this section have the meanings given them.
(b) "Address" means an individual's work address, school address, or residential street address, as specified on the individual's application to be a program participant under this chapter.
(c) "Applicant" means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person, as defined in section 524.5-102.
(d) "Domestic violence" means an act as defined in section 518B.01, subdivision 2, paragraph (a), and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.
(e) "Eligible person" means an adult, a minor, or an incapacitated person, as defined in section 524.5-102 for whom there is good reason to believe (1) that the eligible person is a victim of domestic violence, sexual assault, or harassment or stalking, or (2) that the eligible person fears for the person's safety, the safety of another person who resides in the same household, or the safety of persons on whose behalf the application is made. new text begin In order to be an eligible person, new text end an individual must reside in Minnesota deleted text begin in order to be an eligible persondeleted text end new text begin or must certify that the individual intends to reside in Minnesota within 60 daysnew text end . A person registered or required to register as a predatory offender under section 243.166 or 243.167, or the law of another jurisdiction, is not an eligible person.
(f) "Mail" means first class letters and flats delivered via the United States Postal Service, including priority, express, and certified mail, and excluding (1) periodicals and catalogues, and (2) packages and parcels unless they are clearly identifiable as nonrefrigerated pharmaceuticals or clearly indicate that they are sent by the federal government or a state or county government agency of the continental United States, Hawaii, District of Columbia, or United States territories.
(g) "Program participant" means an individual certified as a program participant under section 5B.03.
(h) "Harassment" or "stalking" means acts criminalized under section 609.749 and includes a threat of such acts committed against an individual, regardless of whether these acts or threats have been reported to law enforcement officers.
(a) Upon filing a completed application, the secretary of state shall certify the eligible person as a program participant.new text begin Unless the program participant is not a Minnesota resident,new text end program participants deleted text begin shalldeleted text end new text begin mustnew text end be certified for four years following the date of filing unless the certification is canceled, withdrawn or invalidated before that date.new text begin Applicants from outside of Minnesota must be certified for 60 days. Upon receiving notice that the participant has moved to Minnesota, the participant must be certified for four years following the date of filing unless the certification is canceled, withdrawn, or invalidated before that date.new text end The secretary of state shall by rule establish a renewal procedure.
(b) Certification under this subdivision is for the purpose of participation in the confidentiality program established under this chapter only. Certification must not be used as evidence or be considered for any purpose in any civil, criminal, or administrative proceeding related to the behavior or actions giving rise to the application under subdivision 1.
(a) If the program participant obtains a legal change of identity, the participant loses certification as a program participant.
(b) The secretary of state may cancel a program participant's certification if there is a change in the program participant's legal name or contact information, unless the program participant or the person who signed as the applicant on behalf of an eligible person provides the secretary of state with prior notice in writing of the change.
(c) The secretary of state may cancel certification of a program participant if mail forwarded by the secretary to the program participant's address is returned as nondeliverable.
(d) The secretary of state may cancel a program participant's certification if the program participant is no longer an eligible person.
(e) The secretary of state shall cancel certification of a program participant who applies using false information.
new text begin (f) The secretary of state shall cancel certification of a program participant who does not reside in Minnesota within 60 days of Safe at Home certification. new text end
(a) When a program participant presents the address designated by the secretary of state to any person or entity, that address must be accepted as the address of the program participant. The person deleted text begin maydeleted text end new text begin or entity mustnew text end not require the program participant to submit any address that could be used to physically locate the participant either as a substitute or in addition to the designated address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the program participant's physical location. Notwithstanding a person's or entity's knowledge of a program participant's physical location, the person or entity must use the program participant's designated address for all mail correspondence with the program participantnew text begin , unless the participant owns real property through a limited liability company or trust. A person or entity may only mail to an alternative address if the participant owns real property through a trust or a limited liability company and the participant has requested that the person or entity mail correspondence regarding that ownership to an alternate addressnew text end .
(b) A program participant may use the address designated by the secretary of state as the program participant's work address.
(c) The Office of the Secretary of State shall forward all mail sent to the designated address to the proper program participants.
(d) If a program participant has notified a personnew text begin or entitynew text end in writing, on a form prescribed by the program, that the individual is a program participant and of the requirements of this section, the personnew text begin or entitynew text end must not knowingly disclose the participant's name or address identified by the participant on the notice. If identified on the notice, the deleted text begin individualdeleted text end new text begin person or entitynew text end receiving the notice must not knowingly disclose the program participant's name, home address, work address, or school address, unless the person to whom the address is disclosed also lives, works, or goes to school at the address disclosed, or the participant has provided written consent to disclosure of the participant's name, home address, work address, or school address for the purpose for which the disclosure will be made. This paragraph applies to the actions and reports of guardians ad litem, except that guardians ad litem may disclose the program participant's name. This paragraph does not apply to records of the judicial branch governed by rules adopted by the supreme court or government entities governed by section 13.045.
(a) Identity and location data for which a program participant seeks protection under subdivision 2, paragraph (a), that are not otherwise classified by lawnew text begin as not publicnew text end are private data on individuals.
(b) Notwithstanding any provision of law to the contrary, private or confidential location data on a program participant who submits a notice under subdivision 3, paragraph (a), may not be shared with any other government entity or nongovernmental entity unless:
(1) the program participant has expressly consented in writing to sharing or dissemination of the data for the purpose for which the sharing or dissemination will occur;
(2) the data are subject to sharing or dissemination pursuant to court order under section 13.03, subdivision 6;
(3) the data are subject to sharing pursuant to section 5B.07, subdivision 2;
(4) the location data related to county of residence are needed to provide public assistance or other government services, or to allocate financial responsibility for the assistance or services;
(5) the data are necessary to perform a government entity's health, safety, or welfare functions, including the provision of emergency 911 services, the assessment and investigation of child or vulnerable adult abuse or neglect, or the assessment or inspection of services or locations for compliance with health, safety, or professional standards; or
(6) the data are necessary to aid an active law enforcement investigation of the program participant.
(c) Data disclosed under paragraph (b), clauses (4) to (6), may be used only for the purposes authorized in this subdivision and may not be further disclosed to any other person or government entity. Government entities receiving or sharing private or confidential data under this subdivision shall establish procedures to protect the data from further disclosure.
(d) Real property record data are governed by subdivision 4a.
(e) Notwithstanding sections 15.17 and 138.17, a government entity may amend records to replace a participant's location data with the participant's designated address.
(a) Except as provided in subdivisions 4 and 5, the conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the amount of money or property that is the subject matter of the claim does not exceed: (1) deleted text begin $15,000deleted text end new text begin $20,000new text end ; or (2) $4,000, if the claim involves a consumer credit transaction.
(b) "Consumer credit transaction" means a sale of personal property, or a loan arranged to facilitate the purchase of personal property, in which:
(1) credit is granted by a seller or a lender who regularly engages as a seller or lender in credit transactions of the same kind;
(2) the buyer is a natural person;
(3) the claimant is the seller or lender in the transaction; and
(4) the personal property is purchased primarily for a personal, family, or household purpose and not for a commercial, agricultural, or business purpose.
(c) Except as otherwise provided in this subdivision and subdivisions 5 to 11, the territorial jurisdiction of conciliation court is coextensive with the county in which the court is established. The summons in a conciliation court action under subdivisions 6 to 10 may be served anywhere in the state, and the summons in a conciliation court action under subdivision 7, paragraph (b), may be served outside the state in the manner provided by law. The court administrator shall serve the summons in a conciliation court action by first class mail, except that if the amount of money or property that is the subject of the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail, and service on nonresident defendants must be made in accordance with applicable law or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of documents at trial may be served anywhere within the state in the manner provided by law.
When a court administrator is required to summon the defendant by certified mail under this paragraph, the summons may be made by personal service in the manner provided in the Rules of Civil Procedure for personal service of a summons of the district court as an alternative to service by certified mail.
new text begin (a) Except as otherwise provided in this section and notwithstanding any covenant, restriction, or condition contained in a deed, security instrument, homeowners association document, or any other instrument affecting the transfer, sale of, or an interest in real property, a private entity must not prohibit, unreasonably restrict, or refuse to permit the owner of a dwelling from providing child care under a family and group family child care provider license under chapter 245A, and Minnesota Rules, chapter 9502. A private entity must not impose a fee, assessment, or other cost upon the owner of a dwelling in connection with providing child care. new text end
new text begin (b) A private entity may require an owner or occupant who is seeking licensure or who is a license holder to indemnify, hold harmless, or defend the private entity against all claims, including costs and attorney fees, related to the operation of a family or group family child care program. The private entity may require each parent, guardian, or caretaker of the child being cared for in the program to sign a waiver of claims for liability, provided that the waiver is reasonable, consistent with industry standards, and does not require notarization. new text end
new text begin (c) The homeowners association is not required to amend the homeowners association documents to meet a licensing requirement, except when the homeowners association documents are inconsistent with the requirements of this section. Nothing in this section prevents an owner or occupant from using provided or legal remedies to amend the homeowners association documents or from requesting a variance from those requirements. new text end
new text begin (d) A license holder who is an owner occupant and all invitees are subject to the rules and regulations contained in the homeowners association documents of the private entity except where those rules and regulations conflict with this section. new text end
new text begin (e) For the purposes of this section, the following terms have the meanings given: new text end
new text begin (1) "private entity" means a homeowners association, community association, or other association that is subject to a homeowners association document; and new text end
new text begin (2) "homeowners association document" means a document containing the declaration, articles of incorporation, bylaws, or rules and regulations of a common interest community, as defined in section 515B.1-103, regardless of whether the common interest community is subject to chapter 515B, or a residential community that is not a common interest community. new text end
new text begin (f) This section only applies to: new text end
new text begin (1) a single-family detached dwelling whose owner is the sole owner of the entire building in which the dwelling is located and who is solely responsible for the maintenance, repair, replacement, and insurance of the entire building; or new text end
new text begin (2) a multifamily attached dwelling whose owner is the sole owner of the entire building in which the dwelling is located and who is solely responsible for the maintenance, repair, replacement, and insurance of the entire building. new text end
(a) All provisions of the declaration and bylaws are severable.
(b) The rule against perpetuities may not be applied to defeat any provision of the declaration or this chapter, or any instrument executed pursuant to the declaration or this chapter.
(c) In the event of a conflict between the provisions of the declaration and the bylaws, the declaration prevails except to the extent that the declaration is inconsistent with this chapter.
(d) The declaration and bylaws must comply with sections 500.215 deleted text begin anddeleted text end new text begin ,new text end 500.216new text begin , and 500.217new text end .
(a) Except as provided in subsections (b), (c), (d), (e), and (f) and subject to the provisions of the declaration or bylaws, the association shall have the power to:
(1) adopt, amend and revoke rules and regulations not inconsistent with the articles of incorporation, bylaws and declaration, as follows: (i) regulating the use of the common elements; (ii) regulating the use of the units, and conduct of unit occupants, which may jeopardize the health, safety or welfare of other occupants, which involves noise or other disturbing activity, or which may damage the common elements or other units; (iii) regulating or prohibiting animals; (iv) regulating changes in the appearance of the common elements and conduct which may damage the common interest community; (v) regulating the exterior appearance of the common interest community, including, for example, balconies and patios, window treatments, and signs and other displays, regardless of whether inside a unit; (vi) implementing the articles of incorporation, declaration and bylaws, and exercising the powers granted by this section; and (vii) otherwise facilitating the operation of the common interest community;
(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and collect assessments for common expenses from unit owners;
(3) hire and discharge managing agents and other employees, agents, and independent contractors;
(4) institute, defend, or intervene in litigation or administrative proceedings (i) in its own name on behalf of itself or two or more unit owners on matters affecting the common elements or other matters affecting the common interest community or, (ii) with the consent of the owners of the affected units on matters affecting only those units;
(5) make contracts and incur liabilities;
(6) regulate the use, maintenance, repair, replacement, and modification of the common elements and the units;
(7) cause improvements to be made as a part of the common elements, and, in the case of a cooperative, the units;
(8) acquire, hold, encumber, and convey in its own name any right, title, or interest to real estate or personal property, but (i) common elements in a condominium or planned community may be conveyed or subjected to a security interest only pursuant to section 515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative may be subjected to a security interest, only pursuant to section 515B.3-112;
(9) grant or amend easements for public utilities, public rights-of-way or other public purposes, and cable television or other communications, through, over or under the common elements; grant or amend easements, leases, or licenses to unit owners for purposes authorized by the declaration; and, subject to approval by a vote of unit owners other than declarant or its affiliates, grant or amend other easements, leases, and licenses through, over or under the common elements;
(10) impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements, other than limited common elements, and for services provided to unit owners;
(11) impose interest and late charges for late payment of assessments and, after notice and an opportunity to be heard before the board or a committee appointed by it, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the association, provided that attorney fees and costs must not be charged or collected from a unit owner who disputes a fine or assessment and, if after the homeowner requests a hearing and a hearing is held by the board or a committee of the board, the board does not adopt a resolution levying the fine or upholding the assessment against the unit owner or owner's unit;
(12) impose reasonable charges for the review, preparation and recordation of amendments to the declaration, resale certificates required by section 515B.4-107, statements of unpaid assessments, or furnishing copies of association records;
(13) provide for the indemnification of its officers and directors, and maintain directors' and officers' liability insurance;
(14) provide for reasonable procedures governing the conduct of meetings and election of directors;
(15) exercise any other powers conferred by law, or by the declaration, articles of incorporation or bylaws; and
(16) exercise any other powers necessary and proper for the governance and operation of the association.
(b) Notwithstanding subsection (a) the declaration or bylaws may not impose limitations on the power of the association to deal with the declarant which are more restrictive than the limitations imposed on the power of the association to deal with other persons.
(c) An association that levies a fine pursuant to subsection (a)(11), or an assessment pursuant to section 515B.3-115(g), or 515B.3-1151(g), must provide a dated, written notice to a unit owner that:
(1) states the amount and reason for the fine or assessment;
(2) for fines levied under section 515B.3-102(a)(11), specifies: (i) the violation for which a fine is being levied and the date of the levy; and (ii) the specific section of the declaration, bylaws, rules, or regulations allegedly violated;
(3) for assessments levied under section 515B.3-115(g) or 515B.3-1151(g), identifies: (i) the damage caused; and (ii) the act or omission alleged to have caused the damage;
(4) states that all unpaid fines and assessments are liens which, if not satisfied, could lead to foreclosure of the lien against the owner's unit;
(5) describes the unit owner's right to be heard by the board or a committee appointed by the board;
(6) states that if the assessment, fine, late fees, and other allowable charges are not paid, the amount may increase as a result of the imposition of attorney fees and other collection costs; and
(7) informs the unit owner that homeownership assistance is available from the Minnesota Homeownership Center.
(d) Notwithstanding subsection (a), powers exercised under this section must comply with sections 500.215 deleted text begin anddeleted text end new text begin ,new text end 500.216new text begin , and 500.217new text end .
(e) Notwithstanding subsection (a)(4) or any other provision of this chapter, the association, before instituting litigation or arbitration involving construction defect claims against a development party, shall:
(1) mail or deliver written notice of the anticipated commencement of the action to each unit owner at the addresses, if any, established for notices to owners in the declaration and, if the declaration does not state how notices are to be given to owners, to the owner's last known address. The notice shall specify the nature of the construction defect claims to be alleged, the relief sought, and the manner in which the association proposes to fund the cost of pursuing the construction defect claims; and
(2) obtain the approval of owners of units to which a majority of the total votes in the association are allocated. Votes allocated to units owned by the declarant, an affiliate of the declarant, or a mortgagee who obtained ownership of the unit through a foreclosure sale are excluded. The association may obtain the required approval by a vote at an annual or special meeting of the members or, if authorized by the statute under which the association is created and taken in compliance with that statute, by a vote of the members taken by electronic means or mailed ballots. If the association holds a meeting and voting by electronic means or mailed ballots is authorized by that statute, the association shall also provide for voting by those methods. Section 515B.3-110(c) applies to votes taken by electronic means or mailed ballots, except that the votes must be used in combination with the vote taken at a meeting and are not in lieu of holding a meeting, if a meeting is held, and are considered for purposes of determining whether a quorum was present. Proxies may not be used for a vote taken under this paragraph unless the unit owner executes the proxy after receipt of the notice required under subsection (e)(1) and the proxy expressly references this notice.
(f) The association may intervene in a litigation or arbitration involving a construction defect claim or assert a construction defect claim as a counterclaim, crossclaim, or third-party claim before complying with subsections (e)(1) and (e)(2) but the association's complaint in an intervention, counterclaim, crossclaim, or third-party claim shall be dismissed without prejudice unless the association has complied with the requirements of subsection (e) within 90 days of the association's commencement of the complaint in an intervention or the assertion of the counterclaim, crossclaim, or third-party claim.
(a) A guardian shall be subject to the control and direction of the court at all times and in all things.
(b) The court shall grant to a guardian only those powers necessary to provide for the demonstrated needs of the person subject to guardianship.
(c) The court may appoint a guardian if it determines that all the powers and duties listed in this section are needed to provide for the needs of the incapacitated person. The court may also appoint a guardian if it determines that a guardian is needed to provide for the needs of the incapacitated person through the exercise of some, but not all, of the powers and duties listed in this section. The duties and powers of a guardian or those which the court may grant to a guardian include, but are not limited to:
(1) the power to have custody of the person subject to guardianship and the power to establish a place of abode within or outside the state, except as otherwise provided in this clause. The person subject to guardianship or any interested person may petition the court to prevent or to initiate a change in abode. A person subject to guardianship may not be admitted to a regional treatment center by the guardian except:
(i) after a hearing under chapter 253B;
(ii) for outpatient services; or
(iii) for the purpose of receiving temporary care for a specific period of time not to exceed 90 days in any calendar year;
(2) the duty to provide for the care, comfort, and maintenance needs of the person subject to guardianship, including food, clothing, shelter, health care, social and recreational requirements, and, whenever appropriate, training, education, and habilitation or rehabilitation. The guardian has no duty to pay for these requirements out of personal funds. Whenever possible and appropriate, the guardian should meet these requirements through governmental benefits or services to which the person subject to guardianship is entitled, rather than from the estate of the person subject to guardianshipdeleted text begin . Failure to satisfy the needs and requirements of this clause shall be grounds for removal of a private guardian, but the guardian shall have no personal or monetary liabilitydeleted text end ;
(3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal effects of the person subject to guardianship, and, if other property requires protection, the power to seek appointment of a conservator of the estate. The guardian must give notice by mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or other personal effects of the person subject to guardianship. The notice must inform the person of the right to object to the disposition of the property within ten days of the date of mailing and to petition the court for a review of the guardian's proposed actions. Notice of the objection must be served by mail or personal service on the guardian and the person subject to guardianship unless the person subject to guardianship is the objector. The guardian served with notice of an objection to the disposition of the property may not dispose of the property unless the court approves the disposition after a hearing;
(4)(i) the power to give any necessary consent to enable the person subject to guardianship to receive necessary medical or other professional care, counsel, treatment, or service, except that no guardian may give consent for psychosurgery, electroshock, sterilization, or experimental treatment of any kind unless the procedure is first approved by order of the court as provided in this clause. The guardian shall not consent to any medical care for the person subject to guardianship which violates the known conscientious, religious, or moral belief of the person subject to guardianship;
(ii) a guardian who believes a procedure described in item (i) requiring prior court approval to be necessary for the proper care of the person subject to guardianship, shall petition the court for an order and, in the case of a public guardianship under chapter 252A, obtain the written recommendation of the commissioner of human services. The court shall fix the time and place for the hearing and shall give notice to the person subject to guardianship in such manner as specified in section 524.5-308 and to interested persons. The court shall appoint an attorney to represent the person subject to guardianship who is not represented by counsel, provided that such appointment shall expire upon the expiration of the appeal time for the order issued by the court under this section or the order dismissing a petition, or upon such other time or event as the court may direct. In every case the court shall determine if the procedure is in the best interest of the person subject to guardianship. In making its determination, the court shall consider a written medical report which specifically considers the medical risks of the procedure, whether alternative, less restrictive methods of treatment could be used to protect the best interest of the person subject to guardianship, and any recommendation of the commissioner of human services for a public person subject to guardianship. The standard of proof is that of clear and convincing evidence;
(iii) in the case of a petition for sterilization of a person with developmental disabilities subject to guardianship, the court shall appoint a licensed physician, a psychologist who is qualified in the diagnosis and treatment of developmental disability, and a social worker who is familiar with the social history and adjustment of the person subject to guardianship or the case manager for the person subject to guardianship to examine or evaluate the person subject to guardianship and to provide written reports to the court. The reports shall indicate why sterilization is being proposed, whether sterilization is necessary and is the least intrusive method for alleviating the problem presented, and whether it is in the best interest of the person subject to guardianship. The medical report shall specifically consider the medical risks of sterilization, the consequences of not performing the sterilization, and whether alternative methods of contraception could be used to protect the best interest of the person subject to guardianship;
(iv) any person subject to guardianship whose right to consent to a sterilization has not been restricted under this section or section 252A.101 may be sterilized only if the person subject to guardianship consents in writing or there is a sworn acknowledgment by an interested person of a nonwritten consent by the person subject to guardianship. The consent must certify that the person subject to guardianship has received a full explanation from a physician or registered nurse of the nature and irreversible consequences of the sterilization;
(v) a guardian or the public guardian's designee who acts within the scope of authority conferred by letters of guardianship under section 252A.101, subdivision 7, and according to the standards established in this chapter or in chapter 252A shall not be civilly or criminally liable for the provision of any necessary medical care, including, but not limited to, the administration of psychotropic medication or the implementation of aversive and deprivation procedures to which the guardian or the public guardian's designee has consented;
(5) in the event there is no duly appointed conservator of the estate of the person subject to guardianship, the guardian shall have the power to approve or withhold approval of any contract, except for necessities, which the person subject to guardianship may make or wish to make;
(6) the duty and power to exercise supervisory authority over the person subject to guardianship in a manner which limits civil rights and restricts personal freedom only to the extent necessary to provide needed care and services. A guardian may not restrict the ability of the person subject to guardianship to communicate, visit, or interact with others, including receiving visitors or making or receiving telephone calls, personal mail, or electronic communications including through social media, or participating in social activities, unless the guardian has good cause to believe restriction is necessary because interaction with the person poses a risk of significant physical, psychological, or financial harm to the person subject to guardianship, and there is no other means to avoid such significant harm. In all cases, the guardian shall provide written notice of the restrictions imposed to the court, to the person subject to guardianship, and to the person subject to restrictions. The person subject to guardianship or the person subject to restrictions may petition the court to remove or modify the restrictions;
(7) if there is no acting conservator of the estate for the person subject to guardianship, the guardian has the power to apply on behalf of the person subject to guardianship for any assistance, services, or benefits available to the person subject to guardianship through any unit of government;
(8) unless otherwise ordered by the court, the person subject to guardianship retains the right to vote;
(9) the power to establish an ABLE account for a person subject to guardianship or conservatorship. By this provision a guardian only has the authority to establish an ABLE account, but may not administer the ABLE account in the guardian's capacity as guardian. The guardian may appoint or name a person to exercise signature authority over an ABLE account, including the individual selected by the eligible individual or the eligible individual's agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or representative payee, whether an individual or organization, appointed by the SSA, in that order; and
(10) if there is no conservator appointed for the person subject to guardianship, the guardian has the duty and power to institute suit on behalf of the person subject to guardianship and represent the person subject to guardianship in expungement proceedings, harassment proceedings, and all civil court proceedings, including but not limited to restraining orders, orders for protection, name changes, conciliation court, housing court, family court, probate court, and juvenile court, provided that a guardian may not settle or compromise any claim or debt owed to the estate without court approval.
(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for expenditures made on behalf of the person subject to guardianship, in a manner consistent with section 524.5-502.
(b) a guardian is not liable to a third person for acts of the person subject to guardianship solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment, or service for the person subject to guardianship is not liable for injury to the person subject to guardianship resulting from the wrongful conduct of the third person.
(c) A guardian may not revoke the health care directive of a person subject to guardianship or conservatorship absent a court order.
(d) A guardian may not initiate the commitment of a person subject to guardianship to an institution except in accordance with section 524.5-313.
new text begin (e) Failure to satisfy the duties of a guardian under section 524.5-313, paragraph (c), shall be grounds for removal of a private guardian, but the guardian shall not be held liable for acts or omissions made in the discharge of the guardian's duties except for acts or omissions that result in harm to the person subject to guardianship and that constitute reckless or willful misconduct, or gross negligence. new text end
new text begin This section is effective August 1, 2024, and applies to causes of action accruing on or after that date. new text end
(a) A guardianship terminates upon the death of the person subject to guardianship, upon the expiration of the duration of guardianship established in the order appointing the guardian, or upon order of the court.
(b) On petition of any person interested in the welfare of the person subject to guardianship the court may terminate a guardianship if the person subject to guardianship no longer needs the assistance or protection of a guardian. The court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the capacity of the person subject to guardianship to provide for support, care, education, health, and welfare has so changed as to warrant that action. The court may make any other order that is in the best interests of the person subject to guardianship or may grant other appropriate relief.
(c) Except as otherwise ordered by the court for good cause, the court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the person subject to guardianship as apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the court shall order the termination and discharge the guardian unless it is proven that continuation of the guardianship is in the best interest of the person subject to guardianship.
(d) Any documents or information disclosing or pertaining to health or financial information shall be filed as confidential documents, consistent with the bill of particulars under section 524.5-121.
(e) A guardian has the right to petition the court for discharge from the guardianship.
new text begin (f) If, after a good faith effort, the guardian is unable to find a successor guardian, the guardian may petition the court for resignation. The court may allow the guardian to resign if the resignation would not result in imminent substantial harm to the person subject to guardianship based on clear and convincing evidence. new text end
In a civil action, whether based on contract or tort, when liability is admitted or is determined by the trier of fact, and when damages include an award to compensate the plaintiff for losses available to the date of the verdict by collateral sources, a party may file a motion within ten days of the date of entry of the verdict requesting determination of collateral sources. If the motion is filed, the parties shall submit written evidence of, and the court shall determine:
(1) amounts of collateral sources that have been paid for the benefit of the plaintiff or are otherwise available to the plaintiff as a result of losses except those for which a subrogation right has been asserted; and
(2) amounts that have been paid, contributed, or forfeited by, or on behalf of, the plaintiff or members of the plaintiff's immediate family for the two-year period immediately before the accrual of the action new text begin and until judgment is entered new text end to secure the right to a collateral source benefit that the plaintiff is receiving as a result of losses.
new text begin This section is effective August 1, 2024, and applies to causes of action commenced on or after that date. new text end
Whenever pursuant to this section the court directs expenses to be paid, the expenses shall be paid by the state.
(a) Any court of the state of Minnesota or any political subdivision thereof may authorize the commencement or defense of any civil action, or appeal therein, without deleted text begin prepaymentdeleted text end new text begin paymentnew text end of fees, costsnew text begin ,new text end and security for costs by a natural person who makes affidavit stating deleted text begin (a)deleted text end new text begin (1)new text end the nature of the action, defense or appeal, deleted text begin (b)deleted text end new text begin (2)new text end a belief that affiant is entitled to redress, and deleted text begin (c)deleted text end new text begin (3)new text end that affiant is financially unable to pay the fees, costs and security for costs.
(b) Upon a finding by the court that the actionnew text begin , defense, or appealnew text end is not of a frivolous nature, the court shall allow the person to proceed deleted text begin in forma pauperisdeleted text end new text begin without payment of fees, costs, and security for costsnew text end if the affidavit is substantially in the language required by this subdivision and is not found by the court to be untrue. Persons deleted text begin meetingdeleted text end new text begin presumed to meetnew text end the requirements of this subdivision include, but are not limited to, a person who is receiving public assistance described in section 550.37, subdivision 14, who is represented by an attorney on behalf of a civil legal services program or a volunteer attorney program based on indigency, or who has an annual income not greater than 125 percent of the poverty line established under United States Code, title 42, section 9902(2), except as otherwise provided by section 563.02.
(c) If, at commencement of the action, the court finds that a party does not meet the eligibility criteria under paragraph (b), but the court also finds that the party is not able to pay all of the fees, costs, and security for costs, the court may order payment of a fee of $75 or partial payment of the fees, costs, and security for costs, to be paid as directed by the court.
The court administrator shall transmit any fees or payments to the commissioner of management and budget for deposit in the state treasury and credit to the general fund.
new text begin (d) Notwithstanding paragraph (a), a person who is represented by a civil legal services program or a volunteer attorney program based on indigency may be allowed to proceed without payment of fees, costs, and security for costs without additional findings if the attorney representing the person submits an affidavit or makes an oral attestation during a court proceeding stating that civil legal services or a volunteer attorney program services are being provided to the client. new text end
Upon order of the court, the court administrator and the sheriff of any Minnesota county shall perform their duties without charge to the person proceeding deleted text begin in forma pauperisdeleted text end new text begin with a court fee waivernew text end . The court shall direct payment of the reasonable expense of service of process pursuant to subdivision 2 if served by a private process server, if the sheriff is unavailable, or by publication.
If the court finds that a witness, including an expert witness, has evidence material and necessary to the case and is within the state of Minnesota, the court shall direct payment of the reasonable expenses incurred in subpoenaing the witness, if necessary, and in paying the fees and costs of the witness.
If the court finds that a deposition and transcript thereof are necessary to adequately prepare, present or decide an issue presented by the action, the court shall direct payment of the reasonable expenses incurred in taking the deposition and in obtaining the transcript thereof.
If the court finds that a transcript of any part or all of the action is necessary to adequately prepare, present or decide an issue presented by the action, the court shall direct the payment of the reasonable expenses incurred in obtaining the transcript.
The court administrator shall provide a person who is proceeding deleted text begin in forma pauperisdeleted text end new text begin with a court fee waiver under subdivision 3new text end with a copy of the person's court file without charge.
In any case on appeal the appellate court shall, upon granting permission to proceed deleted text begin in forma pauperis following application in the mannerdeleted text end new text begin with a court fee waiver asnew text end provided in subdivision 3, direct payment of the reasonable expenses incurred in obtaining the record and reproducing the appellate briefs.
Following commencement of the action, the court may order reimbursement of all or a portion of any fees, costs, and security for costs if the party either (1) no longer meets the eligibility criteria under subdivision 3, paragraph (b); or (2) the amount ordered under subdivision 3, paragraph (c), is no longer appropriate because the party is able to pay a higher amount. The reimbursement must be paid as directed by the court.
Upon motion, the court may rescind its permission to proceed deleted text begin in forma pauperisdeleted text end new text begin with a court fee waiver under subdivision 3new text end if it finds the allegations of poverty contained in the affidavit are untrue, or if, following commencement of the action, the party becomes able to pay the fees, costs and security for the costs. In such cases, the court may direct the party to pay to the court administrator any costs allowing the action to proceed. The court administrator shall transmit the costs to the commissioner of management and budget for deposit in the state treasury and credit them to the general fund.
Judgment may be rendered for costs at the conclusion of the action as in other cases. In the event any person recovers moneys by either settlement or judgment as a result of commencing or defending an action deleted text begin in forma pauperisdeleted text end new text begin with a court fee waiver under subdivision 3new text end , the costs deferred and the expenses directed by the court to be paid under this section shall be included in such moneys and shall be paid directly to the court administrator by the opposing party. The court administrator shall transmit the costs to the commissioner of management and budget for deposit in the state treasury and credit them to the general fund.
A person who fraudulently invokes the privilege of this section shall be guilty of perjury and shall, upon conviction thereof, be punished as provided in section 609.48.
The provisions of this section do not replace or supersede remedies otherwise provided by law.
When:
(a) a deed or other instrument conveying land,
(b) a plat of any townsite or addition thereto,
(c) a survey required pursuant to section 508.47,
(d) a condominium plat subject to chapter 515 or 515A or a declaration that contains such a plat, or
(e) a common interest community plat subject to chapter 515B or a declaration that contains such a plat,
is presented to the county auditor for transfer, the auditor shall ascertain from the records if there be taxes delinquent upon the land described thereinnew text begin within four months of the execution of the contract for deednew text end , or if it has been sold for taxes. An assignment of a sheriff's or referee's certificate of sale, when the certificate of sale describes real estate, and certificates of redemption from mortgage or lien foreclosure sales, when the certificate of redemption encompasses real estate and is issued to a junior creditor, are considered instruments conveying land for the purposes of this section and section 272.121. If there are taxes delinquent, the auditor shall certify to the same; and upon payment of such taxes, or in case no taxes are delinquent, shall transfer the land upon the books of the auditor's office, and note upon the instrument, over official signature, the words, "no delinquent taxes and transfer entered," or, if the land described has been sold or assigned to an actual purchaser for taxes, the words "paid by sale of land described within;" and, unless such statement is made upon such instrument, the county recorder or the registrar of titles shall refuse to receive or record the same; provided, that sheriff's or referees' certificates of sale on execution or foreclosure of a lien or mortgage, certificates of redemption from mortgage or lien foreclosure sales issued to the redeeming mortgagor or lienee, new text begin documents evidencing the termination of a contract for deed as described in section 559.213, new text end deeds of distribution made by a personal representative in probate proceedings, transfer on death deeds under section 507.071, decrees and judgments, receivers receipts, patents, and copies of town or statutory city plats, in case the original plat filed in the office of the county recorder has been lost or destroyed, and the instruments releasing, removing and discharging reversionary and forfeiture provisions affecting title to land and instruments releasing, removing or discharging easement rights in land or building or other restrictions, may be recorded without such certificate; and, provided that instruments conveying land and, as appurtenant thereto an easement over adjacent tract or tracts of land, may be recorded without such certificate as to the land covered by such easement; and provided further, that any instrument granting an easement made in favor of any public utility or pipe line for conveying gas, liquids or solids in suspension, in the nature of a right-of-way over, along, across or under a tract of land may be recorded without such certificate as to the land covered by such easement. Documents governing homeowners associations of condominiums, townhouses, common interest ownership communities, and other planned unit developments may be recorded without the auditor's certificate to the extent provided in section 515B.1-116(e).
A deed of distribution made by a personal representative in a probate proceeding, a decree, or a judgment that conveys land shall be presented to the county auditor, who shall transfer the land upon the books of the auditor's office and note upon the instrument, over official signature, the words, "transfer entered", and the instrument may then be recorded. A decree or judgment that affects title to land but does not convey land may be recorded without presentation to the auditor.
A violation of this section by the county recorder or the registrar of titles shall be a gross misdemeanor, and, in addition to the punishment therefor, the recorder or registrar shall be liable to the grantee of any instrument so recorded for the amount of any damages sustained.
When, as a condition to permitting the recording of deed or other instrument affecting the title to real estate previously forfeited to the state under the provisions of sections 281.16 to 281.25, county officials, after such real estate has been purchased or repurchased, have required the payment of taxes erroneously assumed to have accrued against such real estate after forfeiture and before the date of purchase or repurchase, the sum required to be so paid shall be refunded to the persons entitled thereto out of moneys in the funds in which the sum so paid was placed. Delinquent taxes are those taxes deemed delinquent under section 279.02.
new text begin This section is effective the day following final enactment. new text end
(a) A vendor entering into a contract for deed involving residential real property must, contemporaneously with the execution of the contract for deeddeleted text begin :deleted text end
deleted text begin (1)deleted text end deliver to the vendee a copy of the contract for deed containing original signatures in recordable formdeleted text begin ; anddeleted text end new text begin .new text end
deleted text begin (2) deleted text end new text begin (b) Within four months of the execution of the contract for deed, the vendor must: new text end
new text begin (1)new text end paydeleted text begin , or reimburse the vendee for payment of,deleted text end any delinquent taxes necessary for recordation of the contract for deeddeleted text begin , unless the contract for deed provides for the vendee to pay the delinquent taxesdeleted text end new text begin ; andnew text end
new text begin (2) record the contract for deed in the office of the county recorder or registrar of titles in the county in which the land is locatednew text end .
new text begin (c) The following statement included in a contract for deed for other than residential real property shall constitute prima facie evidence that this subdivision does not apply: "The property is not residential real property." new text end
new text begin (d) If the contract for deed is not in recordable form, within four months of the execution of the contract for deed, the vendor must make a good faith effort to correct the defects that rendered the contract unrecordable. A good faith effort includes but is not limited to determining the reason or reasons why the contract was not in recordable form, and revising and, if necessary, having all parties re-execute, the contract to render it in recordable form. The vendee must, in good faith, cooperate with the vendor to the extent that cooperation is necessary to correct the defects. new text end
deleted text begin (b)deleted text end new text begin (e)new text end For purposes of this subdivision:
(1) "contract for deed" means an executory contract for the conveyance of residential real property under which the seller provides financing for the purchase of the residential real property and under which the purchaser does or has a right to go into possession. Contract for deed does not include:
(i) a purchase agreement;
(ii) an earnest money contract;
(iii) an exercised option or a lease, including a lease with an option to purchase; or
(iv) a mortgage, as defined in section 287.01; and
(2) "residential real property" means real property deleted text begin occupied, or intended to be occupied, by one to four families, if the purchaser intends to occupy the real propertydeleted text end new text begin consisting of one to four family dwelling units, one of which is intended to be occupied as the principal place of residence by:new text end
new text begin (i) the purchaser; new text end
new text begin (ii) if the purchaser is an entity, the natural person who is the majority or controlling owner of the entity; or new text end
new text begin (iii) if the purchaser is a trust, the settlor of the trustnew text end .
Residential real property does not include deleted text begin property subject to a family farm security loan ordeleted text end a transaction subject to sections 583.20 to 583.32.
new text begin (f) The performance of the obligations by the vendor required under this subdivision satisfies any of the obligations of the original vendee, as required under subdivision 1. new text end
new text begin (g) The requirements of this subdivision may not be waived or altered by any provision in a contract for deed. A provision in a contract for deed to the contrary is void and unenforceable. new text end
new text begin This section is effective August 1, 2024, and applies to all contracts for deed executed by all parties on or after that date. new text end
(a) A city in which the land is located or, if the land is not located within a city, the county in which the land is located, may enforce the provisions of this section. The city or county may bring an action to compel the recording of a contract for deed or any assignments of a contract for deed, an action to impose the civil penalty, or an action to compel disclosure of information.
(b) Prior to bringing an action under this subdivision to compel recording or to impose the penalty, deleted text begin or an action under subdivision 4,deleted text end the city or county must provide written notice to the person, subject to subdivision 1, of the person's duty to record the contract for deed or the assignment. If the person so notified fails to record the contract for deed or assignment documents within 14 days of receipt of the notice, an action may be brought.
(c) It is an affirmative defense in an enforcement action under this section that the contract for deed or assignment document is not recordable, or that section 272.121 prohibits the recording of the contract for deed or assignment, and that the defendant has provided to the city or county attorney true and correct copies of the documents within 14 days after receipt of the notice.
(d) In an action brought under this subdivision, the city or county attorney may recover costs and disbursements, including reasonable attorney fees.
new text begin This section is effective the day following final enactment. new text end
"Private transfer fee" means a fee or charge required by a private transfer fee obligation and payable upon the transfer of an interest in real property, or payable for the right to make or accept the transfer, regardless of whether the fee or charge is a fixed amount or is determined as a percentage of the value of the property, the purchase price, or other consideration given for the transfer. The following are not private transfer fees for purposes of this section:
(1) consideration payable by the grantee to the grantor for the interest in real property being transferred, including any subsequent additional consideration for the property payable by the grantee based upon any subsequent appreciation, development, or sale of the property, provided that the additional consideration is payable on a onetime basis only, and the obligation to make the payment does not bind successors in title to the property. For the purposes of this clause, an interest in real property may include a separate mineral estate and its appurtenant surface access rights;
(2) commission payable to a licensed real estate broker for the transfer of real property pursuant to an agreement between the broker and the grantor or the grantee, including any subsequent additional commission for that transfer payable by the grantor or the grantee based upon any subsequent appreciation, development, or sale of the property;
(3) interest, charges, fees, or other amounts payable by a borrower to a lender pursuant to a loan secured by a mortgage against real property, including but not limited to a fee payable to the lender for consenting to an assumption of the loan or a transfer of the real property subject to the mortgage, fees, or charges payable to the lender for estoppel letters or certificates, and shared appreciation interest or profit participation or other consideration and payable to the lender in connection with the loan;
(4) rent, reimbursement, charge, fee, or other amount payable by a lessee to a lessor under a lease, including but not limited to a fee payable to the lessor for consenting to an assignment, subletting, encumbrance, or transfer of the lease;
(5) consideration payable to the holder of an option to purchase an interest in real property or the holder of a right of first refusal or first offer to purchase an interest in real property for waiving, releasing, or not exercising the option or right upon the transfer of the property to another person;
deleted text begin (6) consideration payable by a contract for deed vendee to the vendor pursuant to the terms of a recorded contract for deed, including any subsequent additional consideration for the property payable by the vendee based upon any subsequent appreciation, development, or sale of the property; deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end a tax, fee, charge, assessment, fine, or other amount payable to or imposed by a governmental authority;
deleted text begin (8)deleted text end new text begin (7)new text end a fee, charge, assessment, fine, or other amount payable to a homeowner's condominium, cooperative, mobile home, or property owner's association pursuant to a declaration or covenant or law applicable to the association, including but not limited to fees or charges payable for estoppel letters or certificates issued by the association or its authorized agent;
deleted text begin (9)deleted text end new text begin (8)new text end a fee, a charge, an assessment, dues, a contribution, or other amount pertaining to the purchase or transfer of a club membership relating to real property owned by the member, including but not limited to any amount determined by reference to the value, purchase price, or other consideration given for the transfer of the real property; and
deleted text begin (10)deleted text end new text begin (9)new text end a mortgage from the purchaser of real property granted to the seller or to a licensed real estate broker.
new text begin This section is effective the day following final enactment. new text end
If a default occurs in the conditions of a contract for the conveyance of real estate or an interest in real estate executed on or after August 1, 1985, that gives the seller a right to terminate it, the seller may terminate the contract by serving upon the purchaser or the purchaser's personal representatives or assigns, within or outside of the state, a notice specifying the conditions in which default has been made. The notice must state that the contract will terminate 60 days, or a shorter period allowed new text begin or a longer period required new text end in subdivision 4, after the service of the notice, unless prior to the termination date the purchaser:
(1) complies with the conditions in default;
(2) makes all payments due and owing to the seller under the contract through the date that payment is made;
(3) pays the costs of service of the notice, including the reasonable costs of service by sheriff, public officer, or private process server; except payment of costs of service is not required unless the seller notifies the purchaser of the actual costs of service by certified mail to the purchaser's last known address at least ten days prior to the date of termination;
(4) except for earnest money contracts, purchase agreements, and exercised options, pays two percent of any amount in default at the time of service, not including the final balloon payment, any taxes, assessments, mortgages, or prior contracts that are assumed by the purchaser; and
(5) new text begin if the contract for deed is executed on or after August 1, 2024, pays an amount to apply on attorneys' fees actually expended or incurred of $1,000; new text end if the contract is executed on or after August 1, 1999, new text begin and before August 1, 2024, new text end pays an amount to apply on attorneys' fees actually expended or incurred, of $250 if the amount in default is less than $1,000, and of $500 if the amount in default is $1,000 or more; or if the contract is executed before August 1, 1999, pays an amount to apply on attorneys' fees actually expended or incurred, of $125 if the amount in default is less than $750, and of $250 if the amount in default is $750 or more; except that no amount for attorneys' fees is required to be paid unless some part of the conditions of default has existed for at least 30 days prior to the date of service of the notice.
new text begin This section is effective August 1, 2024. new text end
(a) The notice required by this section must be given notwithstanding any provisions in the contract to the contrary, except that new text begin (1) new text end earnest money contracts, purchase agreements, and exercised options that are subject to this section may, unless by their terms they provide for a longer termination period, be terminated on 30 days' notice, or may be canceled under section 559.217new text begin and (2) contracts for deed executed by an investor seller shall be terminated on 90 days' noticenew text end . The notice must be served within the state in the same manner as a summons in the district court, and outside of the state, in the same manner, and without securing any sheriff's return of not found, making any preliminary affidavit, mailing a copy of the notice or doing any other preliminary act or thing whatsoever. Service of the notice outside of the state may be proved by the affidavit of the person making the same, made before an authorized officer having a seal, and within the state by such an affidavit or by the return of the sheriff of any county therein.
(b) If a person to be served is a resident individual who has departed from the state, or cannot be found in the state; or is a nonresident individual or a foreign corporation, partnership, or association, service may be made by publication as provided in this paragraph. Three weeks' published notice has the same effect as personal service of the notice. The published notice must comply with subdivision 3 and state (1) that the person to be served is allowed 90 days after the first date of publication of the notice to comply with the conditions of the contract, and (2) that the contract will terminate 90 days after the first date of publication of the notice, unless before the termination date the purchaser complies with the notice. If the real estate described in the contract is actually occupied, then, in addition to publication, a person in possession must be personally served, in like manner as the service of a summons in a civil action in state district court, within 30 days after the first date of publication of the notice. If an address of a person to be served is known, then within 30 days after the first date of publication of the notice a copy of the notice must be mailed to the person's last known address by first class mail, postage prepaid.
(c) The contract is reinstated if, within the time mentioned, the person served:
(1) complies with the conditions in default;
(2) if subdivision 1d or 2a applies, makes all payments due and owing to the seller under the contract through the date that payment is made;
(3) pays the costs of service as provided in subdivision 1b, 1c, 1d, or 2a;
(4) if subdivision 2a applies, pays two percent of the amount in default, not including the final balloon payment, any taxes, assessments, mortgages, or prior contracts that are assumed by the purchaser; and
(5) pays attorneys' fees as provided in subdivision 1b, 1c, 1d, or 2a.
(d) The contract is terminated if the provisions of paragraph (c) are not met.
(e) In the event that the notice was not signed by an attorney for the seller and the seller is not present in the state, or cannot be found in the state, then compliance with the conditions specified in the notice may be made by paying to the court administrator of the district court in the county wherein the real estate or any part thereof is situated any money due and filing proof of compliance with other defaults specified, and the court administrator of the district court shall be deemed the agent of the seller for such purposes. A copy of the notice with proof of service thereof, and the affidavit of the seller, the seller's agent or attorney, showing that the purchaser has not complied with the terms of the notice, may be recorded with the county recorder or registrar of titles, and is prima facie evidence of the facts stated in it; but this section in no case applies to contracts for the sale or conveyance of lands situated in another state or in a foreign country. If the notice is served by publication, the affidavit must state that the affiant believes that the party to be served is not a resident of the state, or cannot be found in the state, and either that the affiant has mailed a copy of the notice by first class mail, postage prepaid, to the party's last known address, or that such address is not known to the affiant.
new text begin (f) No notice under this section may be given for a contract for deed executed by an investor seller unless, at least 30 days prior to the service of the notice, some part of the conditions of default has existed and the investor seller has notified the purchaser of such conditions of default by certified mail to the purchaser's last known address. new text end
new text begin (g) For purposes of this subdivision, "investor seller" has the meaning given in section 559A.01, subdivision 6. new text end
new text begin This section is effective August 1, 2024. new text end
new text begin (a) Notwithstanding any provisions in a contract for deed to the contrary, the notice under this section may not be given and no other remedies may be exercised for any contract for deed based on any of the following transfers: new text end
new text begin (1) a transfer on death deed conveying or assigning the deceased purchaser's interest in the property to a grantee beneficiary; new text end
new text begin (2) a transfer by devise, descent, or operation of law on the death of a joint tenant occurs; new text end
new text begin (3) a transfer by which the spouse or children of the purchaser become an owner of the property; new text end
new text begin (4) a transfer resulting from a decree of a dissolution of marriage, legal separation agreement, or from an incidental property settlement agreement, by which the spouse of the purchaser becomes an owner of the property; or new text end
new text begin (5) a transfer into an inter vivos trust by which the purchaser is and remains a beneficiary and which does not relate to a transfer of rights of occupancy in the property. new text end
new text begin (b) For the purposes of this subdivision, "contract for deed" has the meaning given in section 507.235, subdivision 1a, paragraph (e). new text end
new text begin This section is effective August 1, 2024, and applies to all contracts for deed executed by all parties on or after that date. new text end
new text begin (a) Notwithstanding subdivision 2a or any provision to the contrary in a contract for deed, a vendor may not terminate a contract for deed under this section if the contract has not been recorded as required under section 507.235, subdivision 1a, paragraph (b), and the vendor has failed to make a good faith effort to record the contract as provided under section 507.235, subdivision 1a, paragraph (d). new text end
new text begin (b) Nothing contained in this subdivision bars judicial termination of a contract for deed. new text end
new text begin (c) For the purposes of this subdivision, "contract for deed" has the meaning given in section 507.235, subdivision 1a, paragraph (e). new text end
new text begin This section is effective August 1, 2024, and applies to all contracts for deed executed by all parties on or after that date. new text end
new text begin In any instance where the copy of the notice of default, proof of service of the notice, and an affidavit showing that the purchaser has not complied with the terms of the notice have been or may be recorded, an affidavit of the seller, the seller's agent, or attorney verified by a person having knowledge of the facts and attesting that the property is not residential real property, the seller is not an investor seller or the seller has complied with the requirements of subdivision 4, paragraph (f), may be recorded with the county recorder or registrar of titles and is prima facie evidence of the facts stated in the affidavit. new text end
new text begin This section is effective August 1, 2024, and applies to contracts for deed executed by all parties on or after that date. new text end
new text begin (a) new text end In an action arising under or in relation to a contract for the conveyance of real estate or any interest therein, the district court, notwithstanding the service or publication pursuant to the provisions of section 559.21 of a notice of termination of the contract, has the authority at any time prior to the effective date of termination of the contract and subject to the requirements of rule 65 of the Rules of Civil Procedure for the District Courts to enter an order temporarily restraining or enjoining further proceedings to effectuate the termination of the contract, including recording of the notice of termination with proof of service, recording of an affidavit showing noncompliance with the terms of the notice, taking any action to recover possession of the real estate, or otherwise interfering with the purchaser's lawful use of the real estate. In the action, the purchaser may plead affirmatively any matter that would constitute a defense to an action to terminate the contract.
new text begin (b)new text end Upon a motion for a temporary restraining order the court has the discretion, notwithstanding any rule of court to the contrary, to grant the order without requiring the giving of any security or undertaking, and in exercising that discretion, the court shall consider, as one factor, the moving party's ability to afford monetary security. Upon a motion for a temporary injunction, the court shall condition the granting of the order either upon the tender to the court or vendor of installments as they become due under the contract or upon the giving of other security in a sum as the court deems proper. Upon written application, the court may disburse from payments tendered to the court an amount the court determines necessary to insure the timely payment of property taxes, property insurance, installments of special assessments, mortgage installments, prior contract for deed installments or other similar expenses directly affecting the real estate, or for any other purpose the court deems just.
new text begin (c)new text end If a temporary restraining order or injunction is granted pursuant to this subdivision, the contract shall not terminate until the expiration of 15 days after the entry of the order or decision dissolving or modifying the temporary restraining order or injunction.new text begin If the vendor has made an appearance and the restraining order or injunction is granted, the court may award court filing fees, reasonable attorneys' fees, and costs of service to the purchaser.new text end
new text begin (d) If the court subsequently grants permanent relief to the purchaser or determines by final order or judgment that the notice of termination was invalid or the purchaser asserted a valid defense, the purchaser is entitled to an order granting court filing fees, reasonable attorneys' fees, and costs of service. new text end
new text begin This section is effective August 1, 2024. new text end
The recording, heretofore or hereafter, of the copy of notice of default, proof of service thereof, and the affidavit showing that the purchaser has not complied with the terms of the notice, provided for by deleted text begin Minnesota Statutes 1941,deleted text end section 559.21, shall be prima facie evidence that the contract referred to in such notice has been terminated.new text begin It shall not be necessary to pay current or delinquent real estate taxes owed on the real property which is the subject of the contract to record the documents required by this section, provided that the documents must be first presented to the county auditor for entry upon the transfer record and must have "Transfer Entered" noted in them over the county auditor's official signature.new text end
new text begin This section is effective the day following final enactment. new text end
new text begin The definitions in this section apply to sections 559A.01 to 559A.05. new text end
new text begin "Balloon payment" means a scheduled payment of principal, interest, or both under a contract for deed that is significantly larger than the regular installment payments and that may be due prior to the end of the contract term or may be the final payment that satisfies the contract. new text end
new text begin "Churning" means the act of an investor seller executing a contract for deed on or after August 1, 2024, if previously the investor had frequently or repeatedly executed contracts for deed and subsequently terminated those contracts under section 559.21. new text end
new text begin "Contract for deed" has the meaning given in section 507.235, subdivision 1a. new text end
new text begin (a) "Investor seller" means a person entering into a contract for deed to sell residential real property, or, in the event of a transfer or assignment of the seller's interest, the holder of the interest. new text end
new text begin (b) An investor seller does not include a person entering into a contract for deed who is: new text end
new text begin (1) a natural person who has owned and occupied the residential real property as the natural person's primary residence for a continuous 12-month period at any time prior to the execution of the contract for deed; new text end
new text begin (2) any spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the natural person; new text end
new text begin (3) a personal representative of the natural person; new text end
new text begin (4) a devisee of the natural person; new text end
new text begin (5) a grantee under a transfer on death deed made by the natural person; or new text end
new text begin (6) a trust whose settlor is the natural person; new text end
new text begin (7) a trust whose beneficiary is a natural person where the trust or the natural person, or a combination of the two, has owned, and the natural person has occupied, the residential real property as the natural person's primary residence for a continuous 12-month period at any time prior to the execution of the contract for deed, or any spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the natural person; new text end
new text begin (8) a natural person selling on contract for deed to any spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin; new text end
new text begin (9) a bank, credit union, or residential mortgage originator that is under the supervision of or regulated by the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the National Credit Union Administration, or the Minnesota Department of Commerce; new text end
new text begin (10) a natural person who has owned and leased the residential real property to the purchaser for at least the prior two years; or new text end
new text begin (11) the person who built the dwelling on the residential real estate and the dwelling has not previously been occupied. new text end
new text begin (c) If, substantially contemporaneous with the execution of the contract for deed, the seller's interest is assigned or transferred to a person who does not meet any of the qualifications of paragraph (b), the assignee or transferee shall be deemed to be an investor seller who has executed the contract for deed. new text end
new text begin "Person" means a natural person, partnership, corporation, limited liability company, association, trust, or other legal entity, however organized. new text end
new text begin "Purchase agreement" means a purchase agreement for a contract for deed, an earnest money contract, or an executed option contemplating that, at closing, the investor seller and the purchaser will enter into a contract for deed. new text end
new text begin "Purchaser" means a person who executes a contract for deed to purchase residential real property. Purchaser includes all purchasers who execute the same contract for deed to purchase residential real property. new text end
new text begin "Residential real property" means real property consisting of one to four family dwelling units, one of which is intended to be occupied as the principal place of residence by: new text end
new text begin (1) the purchaser; new text end
new text begin (2) if the purchaser is an entity, the natural person who is the majority or controlling owner of the entity; or new text end
new text begin (3) if the purchaser is a trust, the settlor or beneficiary of the trust. new text end
new text begin Residential real property does not include a transaction subject to sections 583.20 to 583.32. new text end
new text begin This section is effective August 1, 2024, and applies to contracts for deed executed by all parties on or after that date. new text end
new text begin This chapter applies only to residential real property where a purchaser is entering into a contract for deed with an investor seller. Either of the following statements included in a contract for deed in which the property is not residential real property or the seller is not an investor seller shall constitute prima facie evidence that this chapter does not apply to the contract for deed: "The property is not residential real property" or "The seller is not an investor seller." A person examining title to the property may rely on either statement. new text end
new text begin This section is effective August 1, 2024, and applies to contracts for deed executed by all parties on or after that date. new text end
new text begin (a) In addition to the disclosures required under sections 513.52 to 513.61, an investor seller must deliver to a prospective purchaser the disclosures specified under this section and instructions for cancellation as provided under section 559A.04, subdivision 2, paragraph (b). new text end
new text begin (b) The disclosures must be affixed to the front of any purchase agreement executed between an investor seller and a prospective purchaser. The investor seller may not enter into a contract for deed with a prospective purchaser earlier than ten calendar days after the execution of the purchase agreement by all parties and provision by the investor seller of the disclosures required under this section and instructions for cancellation as required under section 559A.04, subdivision 2, paragraph (b). new text end
new text begin (c) If there is no purchase agreement, an investor seller must provide the disclosures required under this section to the prospective purchaser no less than ten calendar days before the prospective purchaser executes the contract for deed. The disclosures must be provided in a document separate from the contract for deed. The investor seller may not enter into a contract for deed with a prospective purchaser earlier than ten calendar days after providing the disclosures to the prospective purchaser. new text end
new text begin (d) The first page of the disclosures must contain the disclosures required in subdivisions 2, 3, and 4 of this section, in that order. The title must be centered, be in bold, capitalized, and underlined 20-point type, and read "IMPORTANT INFORMATION YOU NEED TO KNOW." The disclosures required under subdivisions 5 and 6 must follow in subsequent pages in that order. new text end
new text begin (e) The investor seller must acknowledge delivery, and the purchaser must acknowledge receipt, of the disclosures by signing and dating the disclosures. The acknowledged disclosures shall constitute prima facie evidence that the disclosures have been provided as required by this section. new text end
new text begin (a) The investor seller must disclose the amount and due date of, if any, all balloon payments. For purposes of disclosure of a balloon payment, the investor seller may assume that all prior scheduled payments were timely made and no prepayments were made. If there is more than one balloon payment due, each one must be listed separately. new text end
new text begin (b) The disclosure must be in the following form, with the title in 14-point type and the text in 12-point type: new text end
new text begin "BALLOON PAYMENT new text end
new text begin This contract contains a lump-sum balloon payment or several balloon payments. When the final balloon payment comes due, you may need to get mortgage or other financing to pay it off (or you will have to sell the property). Even if you are able to sell the property, you may not get back all the money you paid for it. new text end
new text begin If you can't come up with this large amount - even if you have made all your monthly payments - the seller can cancel the contract. new text end
new text begin Amount of Balloon Payment new text end | new text begin When Balloon Payment is Due new text end |
new text begin $ (amount) new text end | new text begin (month, year)" new text end |
new text begin (a) The investor seller must disclose to the purchaser the purchase price and the date of earliest acquisition of the property by the investor seller, unless the acquisition occurs more than two years prior to the execution of the contract for deed. new text end
new text begin (b) The disclosure must be in the following form, with the title in 14-point type and the text in 12-point type: new text end
new text begin "INVESTOR SELLER'S PRICE TO BUY HOUSE BEING SOLD TO BUYER new text end
new text begin Date Investor Seller Acquired Property: new text end
new text begin (date seller acquired ownership) new text end
new text begin Price Paid by Investor Seller to Acquire the Property: new text end
new text begin $ (total purchase price paid by seller to acquire ownership) new text end
new text begin Contract for Deed Purchase Price: new text end
new text begin $ (total sale price to the purchaser under the contract)" new text end
new text begin (c) For the purposes of this subdivision, unless the acquisition occurred more than one year prior to the execution of the contract for deed, the person who first acquires the property is deemed to be the same person as the investor seller where the person who first acquires the property: new text end
new text begin (1) is owned or controlled, in whole or in part, by the investor seller; new text end
new text begin (2) owns or controls, in whole or in part, the investor seller; new text end
new text begin (3) is under common ownership or control, in whole or in part, with the investor seller; new text end
new text begin (4) is a spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the investor seller, or of the natural person who owns or controls, in whole or in part, the investor seller; or new text end
new text begin (5) is an entity owned or controlled, in whole or in part, by a person who is a spouse, parent, child, sibling, grandparent, grandchild, uncle, aunt, niece, nephew, or cousin of the investor seller, or of the natural person who owns or controls, in whole or in part, the investor seller. new text end
new text begin (a) An investor seller must disclose to the prospective purchaser the purchase price, the annual interest rate, the amount of any down payment, and whether the purchaser is responsible for any or all of the following: paying property taxes, acquiring homeowner's insurance, making repairs, and maintaining the property. new text end
new text begin (b) The disclosure must be in the following form, with the title in 14-point type and the text in 12-point type: new text end