1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/28/2011 12:06pm
A bill for an act
relating to public safety; requiring inmates to co-pay a set minimum amount
for health care provider visits; reauthorizing certain short-term commitments
to commissioner of corrections be served in county jails; amending human
rights education and program development requirements and certificates of
compliance provisions; providing for indeterminate sentencing for certain
convicted sex offenders; modifying frequency of in-service training in police
pursuits; limiting medical aid payments in county jails; requiring a corrections
reform working group; establishing the Juvenile Justice Reform Advisory Task
Force; establishing the Sex Offender Policy Task Force; acquiring an easement
for the correctional facility in Faribault; revising employment positions covered
by correctional state employees retirement plan; modifying certain correctional
state employee postretirement health insurance coverage; requiring reports;
providing for penalties; appropriating money for public safety, corrections, and
human rights; amending Minnesota Statutes 2010, sections 243.212; 297I.06,
subdivision 3; 352.90; 352.91, subdivisions 1, 3h; 363A.06, subdivision 1;
363A.36, subdivision 1; 609.105, subdivision 1, by adding subdivisions;
626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections
352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a, 4b; 363A.36, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text begin SUMMARY OF APPROPRIATIONS.
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new text begin
The amounts shown in this section summarize direct appropriations, by fund, made
in this article.
new text end
new text begin
2011 new text end |
new text begin
2012 new text end |
new text begin
2013 new text end |
new text begin
Total new text end |
|||||
new text begin
General new text end |
new text begin
$ new text end |
new text begin
1,226,000 new text end |
new text begin
$ new text end |
new text begin
527,250,000 new text end |
new text begin
$ new text end |
new text begin
513,492,000 new text end |
new text begin
$ new text end |
new text begin
1,041,968,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
72,651,000 new text end |
new text begin
70,036,000 new text end |
new text begin
142,687,000 new text end |
|||||
new text begin
Environmental new text end |
new text begin
69,000 new text end |
new text begin
69,000 new text end |
new text begin
138,000 new text end |
|||||
new text begin
Special Revenue new text end |
new text begin
11,674,000 new text end |
new text begin
11,674,000 new text end |
new text begin
23,348,000 new text end |
|||||
new text begin
Trunk Highway new text end |
new text begin
1,941,000 new text end |
new text begin
1,941,000 new text end |
new text begin
3,882,000 new text end |
|||||
new text begin
Total new text end |
new text begin
$ new text end |
new text begin
1,226,000 new text end |
new text begin
$ new text end |
new text begin
613,585,000 new text end |
new text begin
$ new text end |
new text begin
597,212,000 new text end |
new text begin
$ new text end |
new text begin
1,212,023,000 new text end |
Sec. 2. new text begin PUBLIC SAFETY APPROPRIATIONS.
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new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated
for each purpose. The figures "2012" and "2013" used in this article mean that the
appropriations listed under them are available for the fiscal year ending June 30, 2012, or
June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
year ending June 30, 2011, are effective the day following final enactment.
new text end
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2011 new text end |
new text begin
2012 new text end |
new text begin
2013 new text end |
Sec. 3. new text begin PUBLIC SAFETY
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new text begin Subdivision 1. new text end
new text begin
Total
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new text begin
$ new text end |
new text begin
1,226,000 new text end |
new text begin
$ new text end |
new text begin
153,340,000 new text end |
new text begin
$ new text end |
new text begin
150,725,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
2011 new text end |
new text begin
2012 new text end |
new text begin
2013 new text end |
|
new text begin
General new text end |
new text begin
1,226,000 new text end |
new text begin
71,665,000 new text end |
new text begin
71,665,000 new text end |
new text begin
Special Revenue new text end |
new text begin
7,014,000 new text end |
new text begin
7,014,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
72,651,000 new text end |
new text begin
70,036,000 new text end |
|
new text begin
Environmental new text end |
new text begin
69,000 new text end |
new text begin
69,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
1,941,000 new text end |
new text begin
1,941,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency
|
new text begin
1,226,000 new text end |
new text begin
2,525,000 new text end |
new text begin
2,525,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
General new text end |
new text begin
1,226,000 new text end |
new text begin
1,852,000 new text end |
new text begin
1,852,000 new text end |
new text begin
Special Revenue new text end |
new text begin
604,000 new text end |
new text begin
604,000 new text end |
|
new text begin
Environmental new text end |
new text begin
69,000 new text end |
new text begin
69,000 new text end |
new text begin
(a) Disaster Match. $1,226,000 in fiscal year
2011 is appropriated from the general fund to
provide a state match for Federal Emergency
Management Agency (FEMA) disaster
assistance to state agencies and political
subdivisions under Minnesota Statutes,
section 12.221, in the area designated
under Presidential Declaration of Major
Disaster, FEMA-1830-DR, for the flooding
in Minnesota in the spring of 2009, whether
included in the original declaration or added
later by federal government action. This is a
onetime appropriation. This appropriation is
available until expended.
new text end
new text begin
(b) Hazmat and Chemical Assessment
Teams. $604,000 each year is appropriated
from the fire safety account in the special
revenue fund. These amounts must be used
to fund the hazardous materials and chemical
assessment teams.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal
|
new text begin
41,887,000 new text end |
new text begin
41,887,000 new text end |
new text begin
Appropriations by Fund new text end |
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new text begin
General new text end |
new text begin
39,939,000 new text end |
new text begin
39,939,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
1,941,000 new text end |
new text begin
1,941,000 new text end |
new text begin
new text begin DWI Lab Analysis; Trunk Highway Fund.new text end
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $1,941,000 each year
is appropriated from the trunk highway fund
for laboratory analysis related to driving
while impaired cases.
new text end
new text begin Subd. 4. new text end
new text begin
Fire Marshal
|
new text begin
5,757,000 new text end |
new text begin
5,757,000 new text end |
new text begin
This appropriation is from the fire safety
account in the special revenue fund and is for
activities under Minnesota Statutes, section
299F.012.
new text end
new text begin Subd. 5. new text end
new text begin
Alcohol and
|
new text begin
2,236,000 new text end |
new text begin
2,236,000 new text end |
new text begin
Appropriations by Fund new text end |
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new text begin
General new text end |
new text begin
1,583,000 new text end |
new text begin
1,583,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
653,000 new text end |
new text begin
653,000 new text end |
new text begin
This appropriation is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.
The transfer amount for fiscal year 2014 and
fiscal year 2015 shall be $500,000 per year.
new text end
new text begin Subd. 6. new text end
new text begin
Office of Justice
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new text begin
28,387,000 new text end |
new text begin
28,387,000 new text end |
new text begin
Appropriations by Fund new text end |
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new text begin
General new text end |
new text begin
28,291,000 new text end |
new text begin
28,291,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
(a) Domestic Abuse Shelters. The
commissioner may not reduce grants to
domestic abuse shelters more than 11 percent
from the base.
new text end
new text begin
(b) Administration Costs. Up to 2.5 percent
of the grant money appropriated in this
subdivision may be used to administer the
grant program.
new text end
new text begin Subd. 7. new text end
new text begin
Emergency
|
new text begin
72,548,000 new text end |
new text begin
69,933,000 new text end |
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end
new text begin
(a) Public Safety Answering Points.
$13,664,000 each year is to be distributed
as provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end
new text begin
(b) Medical Resource Communication
Centers. $683,000 each year is for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
new text end
new text begin
(c) ARMER Debt Service. $23,261,000
each year is to the commissioner of
management and budget to pay debt service
on revenue bonds issued under Minnesota
Statutes, section 403.275.
new text end
new text begin
Any portion of this appropriation not needed
to pay debt service in a fiscal year may be
used by the commissioner of public safety to
pay cash for any of the capital improvements
for which bond proceeds were appropriated
by Laws 2005, chapter 136, article 1, section
9, subdivision 8, or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
new text end
new text begin
(d) Metropolitan Council Debt Service.
$1,410,000 each year is to the commissioner
of management and budget for payment to
the Metropolitan Council for debt service
on bonds issued under Minnesota Statutes,
section 403.27.
new text end
new text begin
(e) ARMER State Backbone Operating
Costs. $8,300,000 the first year and
$8,650,000 the second year are to the
commissioner of transportation for costs
of maintaining and operating the statewide
radio system backbone.
new text end
new text begin
(f) ARMER Improvements. $1,000,000
each year is for the Statewide Radio Board
for costs of design, construction, maintenance
of, and improvements to those elements
of the statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide enhancement of public
safety communication interoperability.
new text end
new text begin
(g) Transfer. $2,600,000 each year is
transferred to the general fund. This is a
onetime transfer.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
new text begin
$ new text end |
new text begin
3,770,000 new text end |
new text begin
$ new text end |
new text begin
3,770,000 new text end |
new text begin
(a) Excess Amounts Transferred. This
appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $3,770,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $3,770,000 must
be transferred and credited to the general
fund.
new text end
new text begin
(b) Peace Officer Training
Reimbursements. $2,634,000 each
year is for reimbursements to local
governments for peace officer training costs.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
120,000 new text end |
new text begin
$ new text end |
new text begin
120,000 new text end |
Sec. 6. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
1,170,000 new text end |
new text begin
$ new text end |
new text begin
1,170,000 new text end |
new text begin
new text begin Mission Priority.new text end The commissioner shall
dedicate the department's appropriation
under this section to enforcement measures.
new text end
Sec. 7. new text begin DEPARTMENT OF CORRECTIONS
|
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
455,185,000 new text end |
new text begin
$ new text end |
new text begin
441,427,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
General new text end |
new text begin
454,295,000 new text end |
new text begin
440,537,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
890,000 new text end |
new text begin
890,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional
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new text begin
325,759,000 new text end |
new text begin
312,001,000 new text end |
new text begin
Appropriations by Fund new text end |
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new text begin
General new text end |
new text begin
325,179,000 new text end |
new text begin
311,421,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
580,000 new text end |
new text begin
580,000 new text end |
new text begin
(a) Position Reductions. The commissioner
shall realize the cuts to correctional
institutions by eliminating management
positions within the department's facilities,
particularly duplicate positions. The
commissioner may not eliminate line officer
positions. The commissioner shall focus the
reductions in areas that will not compromise
line officer or public safety.
new text end
new text begin
(b) Inmate Medical Cost Savings; Report.
The commissioner shall reduce the inmate
medical per diem by at least five percent.
By January 15, 2012, the commissioner
shall submit a report to the chairs and
ranking minority members of the house
of representatives and senate committees
with jurisdiction over public safety finance
detailing how the commissioner achieved
the cost savings. If the commissioner fails
to realize five percent savings on inmate
medical costs, the report shall contain a
detailed explanation of why the savings were
not realized.
new text end
new text begin
(c) Juvenile Facilities; Report. By
December 1, 2011, the commissioner of
corrections shall report to the chairs and
ranking minority members of the house of
representatives and senate committees with
jurisdiction over public safety finance on
the continued operation of the department's
two juvenile facilities. In the report, the
commissioner shall evaluate the cost savings
to the department and state of closing one or
both of the facilities. If the commissioner
determines one or both of the facilities
should remain open, the commissioner shall
make recommendations on how to operate
the facilities in the most cost-effective
manner possible. If the commissioner
recommends the closing of one or both of the
juvenile facilities, the report shall contain
recommendations for alternative placements
for juvenile offenders and alternative uses
for the facilities.
new text end
new text begin
(d) Reform Working Group; Report. (1)
The commissioner of corrections shall form a
working group to study the following topics:
new text end
new text begin
(i) adoption of an earned credit program for
inmates in the state correctional facilities
similar to the programs in 36 other states;
new text end
new text begin
(ii) the federal immigration and customs
enforcement rapid REPAT program and the
potential for the state to participate in the
program;
new text end
new text begin
(iii) expanding the use of medical and other
forms of early release; and
new text end
new text begin
(iv) the feasibility of closing a wing or an
entire state facility or leasing vacant prison
space to house inmates from other states.
new text end
new text begin
(2) The working group shall consist of
corrections personnel, the state public
defender, an individual representing victim
services, a representative from the county
attorneys association, a majority and
minority member of the house Public Safety
Committee and a majority and minority
member of the senate Judiciary and Public
Safety Committee, and any other members
that the commissioner deems necessary.
new text end
new text begin
(3) The working group shall issue a report
to the chair and ranking minority member
of the house Public Safety Finance and
Policy Committee and the chair and
ranking minority member of the senate
Judiciary and Public Safety Committee by
January 15, 2012. The report must contain
recommendations for each of the areas
of study under paragraph (1) and specific
recommendations concerning the use of
earned credits for inmates that address:
new text end
new text begin
(i) the feasibility of an earned credit policy;
new text end
new text begin
(ii) the type and amount of earned credit that
could be offered;
new text end
new text begin
(iii) the type of inmates to include and
exclude from an earned credit program; and
new text end
new text begin
(iv) any potential cost savings that would
result from issuing earned credit.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
109,082,000 new text end |
new text begin
109,082,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
General new text end |
new text begin
108,982,000 new text end |
new text begin
108,982,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
100,000 new text end |
new text begin
100,000 new text end |
new text begin
Probation Revocation Reform; Report.
The commissioner of corrections, in
consultation with staff of the Sentencing
Guidelines Commission and representatives
from community corrections agencies,
shall develop performance incentives for
counties to reduce the number of probation
revocations by at least ten percent. The
commissioner is encouraged to review
policies in states that have implemented
performance incentive programs. The
commissioner shall also examine and
consider:
new text end
new text begin
(1) the revocation rate differences between
counties;
new text end
new text begin
(2) granting earned compliance credits for
offenders on probation;
new text end
new text begin
(3) recent innovations in probation services,
such as the HOPE program and the
Georgia model, to determine the feasibility
of implementing similar programs in
Minnesota;
new text end
new text begin
(4) limiting prison time for first time
probation revocations; and
new text end
new text begin
(5) the impact of adopting one, unified
probation and supervised release delivery
system in the state.
new text end
new text begin
The commissioner shall submit a report to
the chairs and ranking minority members
of the house of representatives and senate
committees with jurisdiction over public
safety finance by January 15, 2012.
new text end
new text begin Subd. 4. new text end
new text begin
Operations
|
new text begin
20,344,000 new text end |
new text begin
20,344,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
General new text end |
new text begin
20,134,000 new text end |
new text begin
20,134,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
210,000 new text end |
new text begin
210,000 new text end |
new text begin
Position Reductions. At least 50 percent
of the reductions in operations support must
come from the elimination of, or reduction
in benefits for, management positions. The
commissioner shall focus the reductions
in areas such as information technology,
finance, and other areas that will not
compromise line officer or public safety. The
commissioner shall also work to eliminate
positions that duplicate the duties of other
department employees.
new text end
new text begin Subd. 5. new text end
new text begin
Transfers
|
new text begin
(a) MINNCOR. Notwithstanding Minnesota
Statutes, section 241.27, the commissioner
of management and budget shall transfer
$600,000 the first year and $600,000 the
second year from the Minnesota correctional
industries revolving fund to the general fund.
These are onetime transfers.
new text end
new text begin
(b) Various Special Revenue Accounts.
Notwithstanding any law to the contrary,
the commissioner of management and
budget shall transfer $400,000 the first year
and $400,000 the second year from the
Department of Corrections' special revenue
accounts to the general fund. These are
onetime transfers. The commissioner of
corrections shall adjust expenditures to stay
within the remaining revenues.
new text end
Minnesota Statutes 2010, section 243.212, is amended to read:
Any inmate of an adult correctional facility under the control of the commissioner
of corrections shall incur co-payment obligations for health care services provided. new text begin The
co-payment shall be at least $5 per visit to a health care provider. new text end The co-payment will be
paid from the inmate account of earnings and other funds, as provided in section 243.23,
subdivision 3. The funds paid under this subdivision are appropriated to the commissioner
of corrections for the delivery of health care services to inmates.
new text begin
This section is effective July 1, 2011.
new text end
Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
A special account, to
be known as the fire safety account, is created in the state treasury. The account consists of
the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011,new text begin $6,618,000 in
fiscal year 2012, $6,618,000 in fiscal year 2013,new text end and $2,368,000 in each year thereafter is
transferred from the fire safety account in the special revenue fund to the general fund
to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
fire insurance premiums.
Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
(a) The commissioner shall formulate
policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of
human rights policies and programs, and make recommendations to the governor and the
legislature for their consideration and implementation;
(2) deleted text begin establish and maintain a principal office in St. Paul, and any other necessary
branch offices at any location within the state;
deleted text end
deleted text begin (3)deleted text end meet and function at any place within the state;
deleted text begin (4)deleted text end new text begin (3)new text end employ attorneys, clerks, and other employees and agents as the
commissioner may deem necessary and prescribe their duties;
deleted text begin (5)deleted text end new text begin (4)new text end to the extent permitted by federal law and regulation, utilize the records of
the Department of Employment and Economic Development of the state when necessary
to effectuate the purposes of this chapter;
deleted text begin (6)deleted text end new text begin (5)new text end obtain upon request and utilize the services of all state governmental
departments and agencies;
deleted text begin (7)deleted text end new text begin (6)new text end adopt suitable rules for effectuating the purposes of this chapter;
deleted text begin (8)deleted text end new text begin (7)new text end issue complaints, receive and investigate charges alleging unfair
discriminatory practices, and determine whether or not probable cause exists for hearing;
deleted text begin (9)deleted text end new text begin (8)new text end subpoena witnesses, administer oaths, take testimony, and require the
production for examination of any books or papers relative to any matter under
investigation or in question as the commissioner deems appropriate to carry out the
purposes of this chapter;
deleted text begin (10)deleted text end new text begin (9)new text end attempt, by means of deleted text begin education,deleted text end conference, conciliation, and persuasion to
eliminate unfair discriminatory practices as being contrary to the public policy of the state;
deleted text begin
(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
deleted text end
deleted text begin (12)deleted text end new text begin (10)new text end make a written report of the activities of the commissioner to the governor
each year;
deleted text begin (13)deleted text end new text begin (11)new text end accept gifts, bequests, grants, or other payments public and private to help
finance the activities of the department;
deleted text begin (14)deleted text end new text begin (12)new text end create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of Human
Rights;
deleted text begin
(15) develop such programs as will aid in determining the compliance throughout
the state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion,
national origin, sex, age, disability, marital status, status with regard to public assistance,
familial status, sexual orientation, or other factors and develop accurate data on the nature
and extent of discrimination and other matters as they may affect housing, employment,
public accommodations, schools, and other areas of public life;
deleted text end
deleted text begin (16)deleted text end new text begin (13)new text end develop and disseminate technical assistance to persons subject to the
provisions of this chapter, and to agencies and officers of governmental and private
agencies;
deleted text begin (17)deleted text end new text begin (14)new text end provide staff services to such advisory committees as may be created in
aid of the functions of the Department of Human Rights;
deleted text begin (18)deleted text end new text begin (15)new text end make grants in aid to the extent that appropriations are made available for
that purpose in aid of carrying out duties and responsibilities; and
deleted text begin (19)deleted text end new text begin (16)new text end cooperate and consult with the commissioner of labor and industry
regarding the investigation of violations of, and resolution of complaints regarding section
363A.08, subdivision 7.new text begin The commissioner may use nonstate funds to develop and
conduct programs of formal and informal education designed to eliminate discrimination
and further compliance with this chapter.
new text end
In performing these duties, the commissioner shall give priority to those duties in
clauses new text begin (7), new text end (8), new text begin and new text end (9)deleted text begin , and (10) and to the duties in section 363A.36deleted text end .
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause deleted text begin (13)deleted text end new text begin (11)new text end , must be deposited in the state treasury and credited to a
special account. Money in the account is appropriated to the commissioner of human
rights to help finance activities of the department.
new text begin
This section is effective July 1, 2011.
new text end
Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
(a) For all contracts for goods and services in
excess of deleted text begin $100,000deleted text end new text begin $250,000new text end , no department or agency of the state shall accept any bid or
proposal for a contract or agreement from any business having more than deleted text begin 40deleted text end new text begin 50new text end full-time
employees within this state on a single working day during the previous 12 months, unless
the commissioner is in receipt of the business' affirmative action plan for the employment
of minority persons, women, and qualified disabled individuals. No department or agency
of the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of deleted text begin twodeleted text end new text begin
fivenew text end years. A municipality as defined in section 466.01, subdivision 1, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.
(b) This paragraph applies to a contract for goods or services in excess of deleted text begin $100,000deleted text end new text begin
$250,000new text end to be entered into between a department or agency of the state and a business
that is not subject to paragraph (a), but that has more than deleted text begin 40deleted text end new text begin 50new text end full-time employees on
a single working day during the previous 12 months in the state where the business has
its primary place of business. A department or agency of the state may not execute a
contract or agreement with a business covered by this paragraph unless the business has a
certificate of compliance issued by the commissioner under paragraph (a) or the business
certifies that it is in compliance with federal affirmative action requirements.
(c) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.
new text begin
This section is effective July 1, 2011.
new text end
Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
new text begin Innew text end a felony
sentence to imprisonment deleted text begin for more than one year shall commitdeleted text end new text begin , when the remaining term
of imprisonment is for 60 days or less,new text end the defendant new text begin shall be committed new text end to the custody of
the commissioner of correctionsnew text begin and must serve the remaining term of imprisonment at a
workhouse, work farm, county jail, or other place authorized by lawnew text end .
new text begin
This section is effective July 1, 2011.
new text end
Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
to read:
new text begin
A felony sentence to imprisonment
when the warrant of commitment has a remaining term of imprisonment for more than 60
days shall commit the defendant to the custody of the commissioner of corrections.
new text end
new text begin
This section is effective July 1, 2011.
new text end
Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
to read:
new text begin
(a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end
new text begin
(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed before August 1, 1993, is the period of time for which an inmate is committed
to the custody of the commissioner of corrections minus earned good time and jail credit,
if any.
new text end
new text begin
(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed on or after August 1, 1993, is the period of time equal to two-thirds of the
inmate's executed sentence, minus jail credit, if any.
new text end
new text begin
This section is effective July 1, 2011.
new text end
new text begin
As used in this section:
new text end
new text begin
(1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
new text end
new text begin
(2) "predatory sex offender" means a person who:
new text end
new text begin
(i) is unable to control the person's sexual impulses;
new text end
new text begin
(ii) is dangerous to other persons; and
new text end
new text begin
(iii) has a pattern of harmful sexual conduct; and
new text end
new text begin
(3) "harmful sexual conduct" means sexual conduct that creates a substantial
likelihood of serious physical or emotional harm to another.
new text end
new text begin
A prosecuting attorney may charge a person under this
section when probable cause exists that the person:
new text end
new text begin
(1) committed a sex offense; and
new text end
new text begin
(2) is a predatory sex offender.
new text end
new text begin
A person subject to prosecution under this section shall have
a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
offense charge. If the person is found guilty of the sex offense, the second phase of the
trial shall determine whether the person is a predatory sex offender. In both phases of the
trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
doubt. A person charged under this section has all of the rights of a criminal defendant in
both phases of the trial.
new text end
new text begin
(a) A
person convicted of a sex offense who has been found by the fact finder to be a predatory
sex offender shall be committed to the custody of the commissioner of corrections for the
term required by paragraph (b).
new text end
new text begin
(b) The minimum sentence of incarceration for offenders sentenced under paragraph
(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
with the offender's criminal history. When the sentencing guidelines presume a stayed
sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
any law to the contrary and the statutory maximum sentence for the offense, the maximum
sentence is 60 years.
new text end
new text begin
(c) A person sentenced under this section and subsequently released shall be placed
on conditional release as provided for in subdivision 9.
new text end
new text begin
(d) Notwithstanding section 609.135, the court may not stay the imposition or
execution of the sentence required by this subdivision. An offender committed to the
custody of the commissioner of corrections under this section may not be released from
incarceration except as provided in this section and section 244.05, subdivision 8.
new text end
new text begin
If the
person is convicted of the sex offense but is not determined to be a predatory sex offender,
the court shall sentence the offender as otherwise provided by law.
new text end
new text begin
The commissioner of corrections, under rules adopted
by the commissioner, may grant supervised release to offenders sentenced under this
section.
new text end
new text begin
(a) A person who has served the minimum
period of incarceration to which the person was sentenced may petition the commissioner
of corrections for release. The commissioner shall hold a hearing on each petition
for release prior to making any determination. Within 45 days of the hearing, the
commissioner shall give written notice of the time and place of the hearing to all interested
parties, including the petitioner, the sentencing court, the county attorney's office that
prosecuted the case, and any victims of the crime who requested notification. The hearing
must be held on the record. Upon the approval of the commissioner, the petitioner may
subpoena witnesses to appear at the hearing.
new text end
new text begin
(b) If the commissioner determines the person satisfies the criteria for conditional
release, the commissioner shall release the person from incarceration no later than 14
days after making a determination.
new text end
new text begin
(c) If the commissioner rejects the person's petition for release, the commissioner
must specify in writing the reasons for the rejection. The person may not petition for
release again until 24 months have elapsed since the rejection, unless the commissioner
specifies a shorter time period.
new text end
new text begin
(a) A person sentenced under this section shall not
be released from incarceration unless it appears to the satisfaction of the commissioner
that the person:
new text end
new text begin
(1) no longer poses a threat to the public;
new text end
new text begin
(2) is no longer in need of programming in a secure facility; and
new text end
new text begin
(3) is capable of reintegration with the general public.
new text end
new text begin
(b) The person seeking release has the burden of showing, by clear and convincing
evidence, that the criteria in paragraph (a) have been met.
new text end
new text begin
(a) A person sentenced under this section shall serve,
upon release from incarceration, a conditional release term. The conditional release term
shall be the 60-year maximum term under this section less the amount of time actually
served, but the term cannot be less than ten years.
new text end
new text begin
(b) The commissioner of corrections shall establish the conditions of release for a
person granted conditional release.
new text end
new text begin
(c) The county attorney in the county where the conviction occurred, the person's
conditional release agent, or any other interested party may file a petition with the court
alleging that the person failed to satisfy any condition of release. If the court determines
that a person has violated a condition of release, the court may order an appropriate
sanction, including, but not limited to, incarcerating the person for a period specified by
the court in a local or state correctional facility. The period may be of any duration up to
the remainder of time left in the person's conditional release term.
new text end
new text begin
This section is effective July 1, 2013, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
The chief law
enforcement officer of every state and local law enforcement agency shall provide
in-service training in emergency vehicle operations and in the conduct of police pursuits
to every peace officer and part-time peace officer employed by the agency who the
chief law enforcement officer determines may be involved in a police pursuit given the
officer's responsibilities. The training shall comply with learning objectives developed
and approved by the board and shall consist of at least eight hours of classroom and
skills-based training every deleted text begin fourdeleted text end new text begin fivenew text end years.
Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
Except as provided in section 466.101, the county board
shall pay the costs of medical services provided to prisonersnew text begin pursuant to this sectionnew text end .
The amount paid by the deleted text begin Anokadeleted text end county board for a medical service shall not exceed the
maximum allowed medical assistance payment rate for the service, as determined by
the commissioner of human services. deleted text begin For all other counties,deleted text end new text begin In the absence of a health
or medical insurance or health plan that has a contractual obligation with the provider or
the prisoner,new text end medical providers shall charge no higher than the rate negotiated between
the county and the provider. In the absence of an agreement between the county and the
provider, the provider maynew text begin notnew text end charge deleted text begin no more than the discounted rate the provider
has negotiated with the nongovernmental third-party payer that provided the most
revenue to the provider during the previous calendar yeardeleted text end new text begin an amount that exceeds the
maximum allowed medical assistance payment rate for the service, as determined by
the commissioner of human servicesnew text end . The county is entitled to reimbursement from the
prisoner for payment of medical bills to the extent that the prisoner to whom the medical
aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
co-payment obligations for health care services provided by a county correctional facility.
The county board shall determine the co-payment amount. Notwithstanding any law to the
contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
county, to the extent possible. If there is a disagreement between the county and a prisoner
concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
determine the extent, if any, of the prisoner's ability to pay for the medical services. If
a prisoner is covered by health or medical insurance or other health plan when medical
services are provided, new text begin the medical provider shall bill that health or medical insurance or
other plan. If new text end the county providing the medical servicesnew text begin for a prisoner that has coverage
under health or medical insurance or other plan, that countynew text end has a right of subrogation to
be reimbursed by the insurance carrier for all sums spent by it for medical services to the
prisoner that are covered by the policy of insurance or health plan, in accordance with the
benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
health plan. The county may maintain an action to enforce this subrogation right. The
county does not have a right of subrogation against the medical assistance program or the
general assistance medical care program.
new text begin
This section is effective July 1, 2011.
new text end
new text begin
(a) A task force is established to study, evaluate,
and analyze issues related to juvenile justice reform. At a minimum, the task force shall
examine the following issues and assess whether and how a change to law, rule, or practice
would best serve public safety, address the needs of juvenile offenders, and promote
cost-efficiency or cost-savings in the juvenile justice system:
new text end
new text begin
(1) the purpose and intent of the delinquency and child protection provisions of
the Juvenile Court Act;
new text end
new text begin
(2) the age at which a juvenile who is alleged of committing a felony may be
certified as an adult or prosecuted as an extended jurisdiction juvenile;
new text end
new text begin
(3) the minimum age at which a juvenile may be prosecuted for committing a
delinquent act or a petty juvenile offense;
new text end
new text begin
(4) the age at which the juvenile court's jurisdiction over the following individuals
should terminate: delinquent children, juvenile petty offenders, and extended jurisdiction
juveniles;
new text end
new text begin
(5) laws relating to juvenile records, including data classifications, retention periods,
expungement provisions, effect on future juvenile and adult sentencing, and restrictions on
the release of records by different agencies and the courts;
new text end
new text begin
(6) laws which prevent youth involved with the CHIPs, juvenile justice, or adult
court systems from later being employed in various jobs;
new text end
new text begin
(7) laws relating to continuances and stays of adjudication in juvenile delinquency
cases, including length of continuance or stay, extensions, collateral consequences, and
disposition of such cases; and
new text end
new text begin
(8) laws relating to diversion in juvenile cases, including eligibility, program
components, and diversion alternatives.
new text end
new text begin
(b) In addition, the task force shall:
new text end
new text begin
(1) identify the types of dispositions, including treatment and counseling, that
have been most and least successful in reforming and treating juvenile offenders and in
deterring juvenile offenders from committing specific crimes; and
new text end
new text begin
(2) identify the types of dispositions, including treatment and counseling, that have
been the most and least cost-effective in reforming, treating, and deterring juvenile
offenders.
new text end
new text begin
(c) In its evaluation and analysis, the task force shall consider approaches taken
by other states in these areas and may examine other issues that the task force or
commissioner of corrections finds relevant.
new text end
new text begin
The task force consists of the following members:
new text end
new text begin
(1) the commissioner of corrections, or the commissioner's designee;
new text end
new text begin
(2) the commissioner of public safety, or the commissioner's designee;
new text end
new text begin
(3) the commissioner of human services, or the commissioner's designee;
new text end
new text begin
(4) the chairs and ranking minority members of the house of representatives and
senate committees having jurisdiction over criminal justice policy, or their designees;
new text end
new text begin
(5) a county attorney selected by the Minnesota County Attorneys Association;
new text end
new text begin
(6) a representative from the Board of Public Defense, selected by that board;
new text end
new text begin
(7) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(8) a representative of the Minnesota Sheriffs Association;
new text end
new text begin
(9) a juvenile probation officer selected by the commissioner of corrections;
new text end
new text begin
(10) a member of the Juvenile Justice Advisory Committee, selected by that
committee;
new text end
new text begin
(11) a member of the Juvenile Justice Coalition, selected by that coalition; and
new text end
new text begin
(12) a law professor who is knowledgeable in juvenile justice issues, selected by
the commissioner of corrections.
new text end
new text begin
The commissioner of corrections, or the commissioner's
designee, shall convene the initial meeting of the task force. The members of the task
force must elect a chair or co-chairs at the initial meeting. The task force shall meet
sufficiently enough to accomplish the tasks identified in this section.
new text end
new text begin
The expiration, membership
terms, removal of members, and filling of vacancies on the task force shall be as provided
in Minnesota Statutes, section 15.059. Members shall serve without compensation and
expense reimbursement. The task force expires June 30, 2012.
new text end
new text begin
By January 15, 2012, the task force shall submit its report,
including any proposed legislative changes, to the chairs and ranking minority members
of the house of representatives and senate committees with jurisdiction over criminal
justice policy and funding.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) A task force is established to study, evaluate,
and analyze issues related to sex offenders. At a minimum, the task force shall examine
and make recommendations on the following issues:
new text end
new text begin
(1) sex offender sentencing, including expanded use of indeterminate sentencing
and implementation of section 8;
new text end
new text begin
(2) sex offender treatment, both in prison and in the community;
new text end
new text begin
(3) sex offender civil commitment, including less costly alternatives;
new text end
new text begin
(4) the effectiveness in cost and outcomes of the Minnesota sex offender program;
new text end
new text begin
(5) best practices for supervising sex offenders such as intensive supervised release,
specialized caseloads, and other innovative methods; ideal caseload sizes for supervising
agents; and methods to implement this in a manner that does not negatively impact the
supervision of other types of offenders;
new text end
new text begin
(6) sex offender community notification and registration, including the effectiveness
of posting offender information on the Internet; and
new text end
new text begin
(7) any other issues related to sex offender management and treatment that the task
force deems appropriate.
new text end
new text begin
(b) In its evaluation and analysis, the task force shall consider approaches taken by
other states in the areas in paragraph (a).
new text end
new text begin
The task force consists of the following members:
new text end
new text begin
(1) the commissioner of public safety, or the commissioner's designee;
new text end
new text begin
(2) the commissioner of corrections, or the commissioner's designee;
new text end
new text begin
(3) the commissioner of human services, or the commissioner's designee;
new text end
new text begin
(4) the chairs and ranking minority members of the house of representatives and
senate committees having jurisdiction over public safety finance and human services
finance, or their designees;
new text end
new text begin
(5) a county attorney, selected by the Minnesota County Attorneys Association;
new text end
new text begin
(6) one representative from the Board of Public Defense, selected by that board;
new text end
new text begin
(7) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(8) a representative of the Minnesota Sheriffs Association;
new text end
new text begin
(9) a probation officer, selected by the commissioner of corrections; and
new text end
new text begin
(10) a sex offender treatment provider who is privately employed, selected by the
commissioner of human services.
new text end
new text begin
The commissioner of public safety, or the commissioner's
designee, shall convene the initial meeting of the task force and serve as the chair. The
task force shall meet sufficiently enough to accomplish the tasks identified in this section.
new text end
new text begin
The expiration, membership
terms, removal of members, and filling of vacancies on the task force shall be as provided
in Minnesota Statutes, section 15.059. Members shall serve without compensation and
expense reimbursement. The task force expires June 30, 2012.
new text end
new text begin
By January 15, 2012, the task force shall submit its report,
including any proposed legislative changes, to the chairs and ranking minority members of
the house of representatives and senate committees with jurisdiction over public safety
policy and finance and human services policy and finance.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
commissioner of administration may acquire an easement for utility and access purposes to
serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
methods permitted by that subdivision even in the absence of a specific appropriation to
the commissioner to acquire the easement.
new text end
new text begin
Minnesota Statutes 2010, section 363A.36, subdivision 5,
new text end
new text begin
is repealed.
new text end
new text begin
This section is effective July 1, 2011.
new text end
Minnesota Statutes 2010, section 352.90, is amended to read:
It is the policy of the legislature to provide special retirement benefits for and special
contributions by certain correctional employees who may be required to retire at an early
age because they lose the mental or physical capacity required to maintain the safety,
security, discipline, and custody of inmates at state correctional facilities deleted text begin ordeleted text end new text begin ,new text end of patients at
the Minnesota Security Hospital, new text begin or new text end of patients in the Minnesota sex offender programdeleted text begin , or
of patients in the Minnesota extended treatment options programdeleted text end .
Minnesota Statutes 2010, section 352.91, subdivision 1, is amended to read:
"Covered correctional service" means service
performed by a state employee, as defined in section 352.01, new text begin who is new text end employed at a state
correctional facility, the Minnesota Security Hospital, or the Minnesota sex offender
program as:
(1) a corrections officer 1;
(2) a corrections officer 2;
(3) a corrections officer 3;
deleted text begin
(4) a corrections officer supervisor;
deleted text end
deleted text begin (5)deleted text end new text begin (4) new text end a corrections lieutenant;
deleted text begin (6)deleted text end new text begin (5) new text end a corrections captain;
deleted text begin (7)deleted text end new text begin (6) new text end a security counselor;
deleted text begin (8)deleted text end new text begin (7) new text end a security counselor lead; deleted text begin or
deleted text end
deleted text begin (9)deleted text end new text begin (8) new text end a corrections canine officerdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) a group supervisor; or
new text end
new text begin
(10) a group supervisor assistant.
new text end
Minnesota Statutes 2010, section 352.91, subdivision 3h, is amended to read:
(a) If the occupational title of a
state employee covered by the Minnesota correctional employees retirement plan changes
from the applicable title listed in subdivision 1, deleted text begin 2, 2a, 3c, 3d, 3e, 3f, or 3g,deleted text end qualification for
coverage by the correctional state employees retirement plan continues until the July 1
next following the title change if the commissioner of management and budget certifies
to the executive director of the Minnesota State Retirement System and to the executive
director of the Legislative Commission on Pensions and Retirement that the duties,
requirements, and responsibilities of the new occupational title are substantially identical
to the duties, requirements, and responsibilities of the prior occupational title.
(b) If the commissioner of management and budget does not certify a new
occupational title under paragraph (a), eligibility for future correctional state employees
retirement coverage terminates as of the start of the first payroll period next following the
effective date of the occupational title change.
(c) For consideration by the Legislative Commission on Pensions and Retirement
during the legislative session next following an occupational title change involving a state
employee in covered correctional service, the commissioner of management and budget
shall submit the applicable draft proposed legislation reflecting the occupational title
change covered by this section.
new text begin
Notwithstanding any provision to the contrary of any agreement under Minnesota
Statutes, chapter 179A, for any member of the correctional state employees retirement
plan of the Minnesota State Retirement System to be eligible for employer-paid health
insurance coverage after retirement, the person must have at least ten years of covered
correctional service credit under Minnesota Statutes, section 352.91, prior to the
commencement of the retirement annuity under Minnesota Statutes, section 352.93.
new text end
new text begin
Minnesota Statutes 2010, section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i,
4a, and 4b,
new text end
new text begin
are repealed.
new text end