SF 1611

as introduced - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:34pm

A bill for an act
relating to public safety; clarifying certain civil commitment notification statutes;
improving postconviction notification to crime victims; amending Minnesota
Statutes 2020, sections 253B.18, subdivision 5a; 253D.14, subdivisions 2, 3, by
adding a subdivision; 611A.039, subdivision 1; 611A.06, subdivision 1; repealing
Minnesota Statutes 2020, sections 253D.14, subdivision 4; 611A.0385.

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

Section 1.

Minnesota Statutes 2020, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(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 253D;
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 new text begin or were part of their course of harmful sexual conduct new text end .

(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 new text begin and
the process for requesting notification of an individual's change in status as provided in
paragraph (c) new text end .

new text begin (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.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end 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, special review board, or commissioner
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 commissioner 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. new text begin These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).
new text end

deleted text begin (d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. A
request for notice under this subdivision received by the commissioner of corrections through
the Department of Corrections electronic victim notification system shall be promptly
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the state-operated treatment program
or head of the treatment facility. A county attorney who receives a request for notification
under this paragraph following commitment shall promptly forward the request to the
commissioner of human services.
deleted text end

(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.

Sec. 2.

Minnesota Statutes 2020, section 253D.14, subdivision 2, is amended to read:

Subd. 2.

Notice of filing petition.

A county attorney who files a petition to commit a
person under this chapter 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 new text begin or was listed as a
victim in the petition of commitment new text end . In addition, the county attorney shall make a reasonable new text begin
and good faith new text end effort to promptly notify the victim of the resolution of the deleted text begin petition deleted text end new text begin process
for requesting the notification of an individual's change in status as provided in section
253D.14, subdivision 3 new text end .

Sec. 3.

Minnesota Statutes 2020, section 253D.14, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Requesting notification. new text end

new text begin A victim may request notification of an individual's
discharge or release as outlined in subdivision 3 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 following an individual's civil commitment shall promptly forward
the request to the executive director of the treatment facility in which the individual is
confined.
new text end

Sec. 4.

Minnesota Statutes 2020, section 253D.14, subdivision 3, is amended to read:

Subd. 3.

Notice of discharge or release.

Before provisionally discharging, discharging,
granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily
releasing a person committed under this chapter from a treatment facility, the executive
director 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 executive director, or special review
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 commissioner shall provide the
judicial appeal panel with victim information in order to comply with the provisions of this
chapter. The judicial appeal panel shall ensure that the data on victims remains private as
provided for in section 611A.06, subdivision 4. new text begin This subdivision applies only to victims
who have submitted a written request for notification as provided in subdivision 2a.
new text end

Sec. 5.

Minnesota Statutes 2020, section 611A.039, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

new text begin (a) new text end 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 new text begin and of the victim rights under section 611A.06 new text end . When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the court
or its designee shall make a reasonable and good faith effort to notify the victim of the
crime. 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. 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 and victim's family may provide input to the court
concerning the sentence modification.

new text begin (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.
new text end

new text begin (c) new text end As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.

Sec. 6.

Minnesota Statutes 2020, section 611A.06, subdivision 1, is amended to read:

Subdivision 1.

Notice of release required.

new text begin (a) new text end The commissioner of corrections or other
custodial authority shall make a good faith effort to notify the victim that the offender is to
be released from imprisonment or incarceration, including release on extended furlough
and for work release deleted text begin ; released deleted text end new text begin and release new text end from a juvenile correctional facility deleted text begin ; released
from a facility in which the offender was confined due to incompetency, mental illness, or
mental deficiency, or commitment under section 253B.18 or chapter 253D; deleted text end new text begin , new text end or if the
offender's custody status is reduced deleted text begin , if the victim has mailed to the commissioner of
corrections or deleted text end new text begin . These notices shall only be provided to victims who have submitted a written
request for notification new text end to the head of the new text begin county correctional new text end facility in which the offender
is confined deleted text begin a written request for this notice deleted text end , or deleted text begin the victim has made deleted text end new text begin if committed to the
Department of Corrections, submitted new text end a new text begin written new text end request for this notice to the commissioner
of corrections new text begin or electronic request new text end through the Department of Corrections electronic victim
notification system. The good faith effort to notify the victim must occur prior to the
offender's release or when the offender's custody status is reduced. For a victim of a felony
crime against the person for which the offender was sentenced to imprisonment for more
than 18 months, the good faith effort to notify the victim must occur 60 days before the
offender's release.

new text begin (b) The commissioner of human services shall make a good faith effort to notify the
victim in writing that the offender is to be released from confinement in a facility due to
incompetency, mental illness, or mental deficiency, or commitment under section 253B.18
or chapter 253D if the victim has submitted a written request for notification to the executive
director of the facility in which the individual is confined.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 253D.14, subdivision 4; and 611A.0385, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-00025

253D.14 VICTIM NOTIFICATION OF PETITION AND RELEASE; RIGHT TO SUBMIT STATEMENT.

No active language found for: 253D.14.4

No active language found for: 611A.0385