1999 Minnesota Statutes

CHAPTER 299C. Bureau of criminal apprehension

     299C.01 Criminal bureau. 

    Subdivision 1.    Powers transferred to commissioner.  
 All the powers and duties now vested in or imposed upon the 
 bureau of criminal apprehension or the superintendent of the 
 bureau of criminal apprehension as prescribed by chapter 626, or 
 any other law, are hereby transferred to, vested in, and imposed 
 upon the commissioner of public safety.  The bureau of criminal 
 apprehension and the office of the superintendent of the bureau 
 of criminal apprehension as heretofore constituted are abolished.

    Subd. 2.    Division of department of public safety.  A 
 division in the department of public safety to be known as the 
 bureau of criminal apprehension is hereby created, under the 
 supervision and control of the superintendent of criminal 
 apprehension, who shall be appointed by the commissioner and 
 serve at the commissioner's pleasure in the unclassified service 
 of the state civil service, to whom shall be assigned the duties 
 and responsibilities described in this section.  

    Subd. 3. Repealed, 1984 c 649 s 6 

    Subd. 4.    Duties generally.  The division of the 
 bureau of criminal apprehension shall perform such functions and 
 duties as relate to statewide and nationwide crime information 
 systems as the commissioner may direct.  

    HIST: 1969 c 1129 art 1 s 3; 1986 c 444 

     299C.03 Superintendent; rules.  

    The superintendent, with the approval of the commissioner 
 of public safety, from time to time, shall make such rules and 
 adopt such measures as the superintendent deems necessary, 
 within the provisions and limitations of sections 299C.03 to 
 299C.08, 299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, to 
 secure the efficient operation of the bureau.  The bureau shall 
 cooperate with the respective sheriffs, constables, marshals, 
 police, and other peace officers of the state in the detection 
 of crime and the apprehension of criminals throughout the state, 
 and shall have the power to conduct such investigations as the 
 superintendent, with the approval of the commissioner of public 
 safety, may deem necessary to secure evidence which may be 
 essential to the apprehension and conviction of alleged 
 violators of the criminal laws of the state.  The various 
 members of the bureau shall have and may exercise throughout the 
 state the same powers of arrest possessed by a sheriff, but they 
 shall not be employed to render police service in connection 
 with strikes and other industrial disputes.  

    HIST: (9950-6) 1927 c 224 s 2; 1935 c 197 s 1; 1949 c 739 s 
 21; 1951 c 713 s 34; 1971 c 25 s 97; 1985 c 248 s 70; 1986 c 444 

     299C.04 Employees, civil service; expenses.  

    The superintendent is hereby authorized to appoint, in the 
 manner provided, and to remove as provided by the state civil 
 service law, and to prescribe the duties of such skilled and 
 unskilled employees, including an identification expert, as may 
 be necessary to carry out the work of the bureau; provided, that 
 the appointment and removal of such skilled and unskilled 
 employees shall be in the manner provided by the state civil 
 service law.  The superintendent and all officers and employees 
 of the bureau shall, in addition to their compensation, receive 
 their actual and necessary expenses incurred in the discharge of 
 their duties, provided that the total expense of the bureau 
 during any year shall not exceed the appropriation therefor.  

    HIST: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 
 41; 1953 c 503 s 1 

  299C.041 Repealed, 1982 c 568 s 13 

     299C.05 Division of criminal statistics.  

    There is hereby established within the bureau a division of 
 criminal statistics, and the superintendent, within the limits 
 of membership herein prescribed, shall appoint a qualified 
 statistician and one assistant to be in charge thereof.  It 
 shall be the duty of this division to collect, and preserve as a 
 record of the bureau, information concerning the number and 
 nature of offenses known to have been committed in the state, of 
 the legal steps taken in connection therewith from the inception 
 of the complaint to the final discharge of the defendant, and 
 such other information as may be useful in the study of crime 
 and the administration of justice.  The information so collected 
 and preserved shall include such data as may be requested by the 
 United States department of justice, at Washington, under its 
 national system of crime reporting.  

    HIST: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 41 

     299C.06 Division powers and duties; local officers to 
  cooperate. 

    It shall be the duty of all sheriffs, chiefs of police, 
 city marshals, constables, prison wardens, superintendents of 
 insane hospitals, reformatories and correctional schools, 
 probation and parole officers, school attendance officers, 
 coroners, county attorneys, court clerks, the commissioner of 
 public safety, the commissioner of transportation, and the state 
 fire marshal to furnish to the division statistics and 
 information regarding the number of crimes reported and 
 discovered, arrests made, complaints, informations, and 
 indictments, filed and the disposition made of same, pleas, 
 convictions, acquittals, probations granted or denied, 
 conditional release information, receipts, transfers, and 
 discharges to and from prisons, reformatories, correctional 
 schools, and other institutions, paroles granted and revoked, 
 commutation of sentences and pardons granted and rescinded, and 
 all other data useful in determining the cause and amount of 
 crime in this state and to form a basis for the study of crime, 
 police methods, court procedure, and penal problems. Such 
 statistics and information shall be furnished upon the request 
 of the division and upon such forms as may be prescribed and 
 furnished by it.  The division shall have the power to inspect 
 and prescribe the form and substance of the records kept by 
 those officials from which the information is so furnished. 

    HIST: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 
 41; 1976 c 5 s 11; 1976 c 166 s 7; 1998 c 367 art 7 s 4 

     299C.063 Bomb disposal expense reimbursement. 

    Subdivision 1.    Definitions.  The terms used in this 
 section have the meanings given them in this subdivision: 

    (a) "Bomb disposal unit" means a commissioner-approved unit 
 consisting of persons who are trained and equipped to dispose of 
 or neutralize bombs or other similar hazardous explosives and 
 who are employed by a municipality. 

    (b) "Commissioner" means the commissioner of public safety. 

    (c) "Municipality" has the meaning given it in section 
 466.01. 

    (d) "Hazardous explosives" means explosives as defined in 
 section 299F.72, subdivision 2, explosive devices and incendiary 
 devices as defined in section 609.668, subdivision 1, and all 
 materials subject to regulation under United States Code, title 
 18, chapter 40. 

    Subd. 2.    Expense reimbursement.  The commissioner may 
 reimburse bomb disposal units for reasonable expenses incurred 
 to dispose of or neutralize bombs or other similar hazardous 
 explosives for their employer-municipality or for another 
 municipality outside the jurisdiction of the 
 employer-municipality but within the state.  Reimbursement is 
 limited to the extent of appropriated funds. 

    Subd. 3.    Agreements.  The commissioner may enter into 
 contracts or agreements with bomb disposal units to implement 
 and administer this section. 

    HIST: 1995 c 226 art 4 s 7 

     299C.065 Undercover buy fund; witness and victim 
  protection. 

    Subdivision 1.    Grants.  The commissioner of public 
 safety shall make grants to local officials for the following 
 purposes: 

    (1) the cooperative investigation of cross jurisdictional 
 criminal activity relating to the possession and sale of 
 controlled substances; 

    (2) receiving or selling stolen goods; 

    (3) participating in gambling activities in violation of 
 section 609.76; 

    (4) violations of section 609.322 or any other state or 
 federal law prohibiting the recruitment, transportation, or use 
 of juveniles for purposes of prostitution; 

    (5) for partial reimbursement of local costs associated 
 with unanticipated, intensive, long-term, multijurisdictional 
 criminal investigations that exhaust available local resources, 
 except that the commissioner may not reimburse the costs of a 
 local investigation involving a child who is reported to be 
 missing and endangered unless the law enforcement agency 
 complies with section 299C.53 and the agency's own investigative 
 policy; and 

    (6) for partial reimbursement of local costs associated 
 with criminal investigations into the activities of violent 
 criminal gangs and gang members. 

    Subd. 1a.    Witness and victim protection fund.  A 
 witness and victim protection fund is created under the 
 administration of the commissioner of public safety.  The 
 commissioner may make grants to local officials to provide for 
 the relocation or other protection of a victim, witness, or 
 potential witness who is involved in a criminal prosecution and 
 who the commissioner has reason to believe is or is likely to be 
 the target of a violent crime or a violation of section 609.498 
 or 609.713, in connection with that prosecution.  The awarding 
 of grants under this subdivision is not limited to the crimes 
 and investigations described in subdivision 1.  The commissioner 
 may award grants for any of the following actions in connection 
 with the protection of a witness or victim under this 
 subdivision: 

    (1) to provide suitable documents to enable the person to 
 establish a new identity or otherwise protect the person; 

    (2) to provide housing for the person; 

    (3) to provide for the transportation of household 
 furniture and other personal property to the person's new 
 residence; 

    (4) to provide the person with a payment to meet basic 
 living expenses for a time period the commissioner deems 
 necessary; 

    (5) to assist the person in obtaining employment; and 

    (6) to provide other services necessary to assist the 
 person in becoming self-sustaining. 

    Subd. 2.    Application for grant.  A county sheriff or 
 the chief administrative officer of a municipal police 
 department may apply to the commissioner of public safety for a 
 grant for any of the purposes described in subdivision 1 or 1a, 
 on forms and pursuant to procedures developed by the 
 superintendent.  For grants under subdivision 1, the application 
 shall describe the type of intended criminal investigation, an 
 estimate of the amount of money required, and any other 
 information the superintendent deems necessary.  

    Subd. 3.    Investigation report.  A report shall be 
 made to the commissioner at the conclusion of an investigation 
 for which a grant was made under subdivision 1 stating:  (1) the 
 number of persons arrested, (2) the nature of charges filed 
 against them, (3) the nature and value of controlled substances 
 or contraband purchased or seized, (4) the amount of money paid 
 to informants during the investigation, and (5) a separate 
 accounting of the amount of money spent for expenses, other than 
 "buy money," of bureau and local law enforcement personnel 
 during the investigation.  The commissioner shall prepare and 
 submit to the chairs of the committees in the senate and house 
 of representatives with jurisdiction over criminal justice 
 policy by January 1 of each even-numbered year a report of 
 investigations receiving grants under subdivision 1.  

    Subd. 3a.    Accounting report.  The head of a law 
 enforcement agency that receives a grant under subdivision 1a 
 shall file a report with the commissioner at the conclusion of 
 the case detailing the specific purposes for which the money was 
 spent.  The commissioner shall prepare and submit to the chairs 
 of the committees in the senate and house of representatives 
 with jurisdiction over criminal justice policy by January 1 of 
 each even-numbered year a summary report of witness assistance 
 services provided under this section. 

    Subd. 4.    Data classification.  An application to the 
 commissioner for money is a confidential record.  Information 
 within investigative files that identifies or could reasonably 
 be used to ascertain the identity of assisted witnesses, 
 sources, or undercover investigators is a confidential record.  
 A report at the conclusion of an investigation is a public 
 record, except that information in a report pertaining to the 
 identity or location of an assisted witness is private data.  

    HIST: 1979 c 333 s 96; 1985 c 126 s 1; 1991 c 279 s 20; 1993 c 
 326 art 12 s 6; 1994 c 636 art 4 s 17; 1995 c 226 art 4 s 8,9; 
 art 7 s 2; 1997 c 239 art 2 s 1; 1998 c 367 art 2 s 32 

     299C.066 Crime information reward fund. 

    Subdivision 1.    Fund created; advisory group.  A crime 
 information reward fund is created as an account in the state 
 treasury.  Money appropriated to the account is available to pay 
 rewards as directed by the commissioner of public safety, in 
 consultation with the attorney general, under this section.  

    The attorney general shall appoint an advisory group, in 
 consultation with the commissioner, of five members to assist in 
 implementation of this section. 

    Subd. 2.    Reward.  The commissioner is authorized to 
 pay a reward to any person who, in response to a reward offer, 
 provides information leading to the arrest and conviction of a 
 criminal offender.  The commissioner shall establish criteria 
 for determining the amount of the reward and the duration of the 
 reward offer.  In no event shall a reward exceed $10,000 or a 
 reward offer remain open longer than ten days.  The commissioner 
 shall select the criminal investigations for which rewards are 
 offered based on recommendations made by the advisory group 
 members or by the law enforcement agency or agencies conducting 
 the criminal investigation. 

    HIST: 1994 c 636 art 4 s 18 

     299C.07 Restoration or disposal of stolen property. 

    The bureau of criminal apprehension shall make every effort 
 for a period of 90 days after the seizure or recovery of 
 abandoned or stolen property to return the property to the 
 lawful owner or to the sheriff of the county from which it was 
 stolen.  

    Any such property held by the bureau for more than 90 
 days, in case the owner cannot be found or if it cannot be 
 determined from what county the property was stolen, shall be 
 sold at public auction by the superintendent of the bureau, or 
 the superintendent's agent, after two weeks' published notice 
 thereof in a legal newspaper in Ramsey county, stating the time 
 and place of the sale and a list of the property to be sold.  

    The proceeds of the sale shall be applied in payment of 
 the necessary expenses of the sale and all necessary costs, 
 storage, or charges incurred in relation to the property.  The 
 balance of the proceeds shall be paid into the general fund. 

    HIST: 1941 c 389; 1969 c 399 s 1; 1979 c 333 s 97; 1986 c 444 

     299C.08 Oath of superintendent and employees. 

    The superintendent and each employee in the bureau whom the 
 superintendent shall designate, before entering upon the 
 performance of duties under sections 299C.03 to 299C.08, 
 299C.10, 299C.11, 299C.17, 299C.18, and 299C.21, shall take the 
 usual oath.  

    HIST: (9950-8) 1927 c 224 s 4; 1935 c 197 s 3; 1986 c 444; 
 1991 c 326 s 14 

     299C.09 System for identifying criminals; record, index. 

    The bureau shall install systems for identification of 
 criminals, including the fingerprint system, the modus operandi 
 system, the conditional release data system, and such others as 
 the superintendent deems proper.  The bureau shall keep a 
 complete record and index of all information received in 
 convenient form for consultation and comparison.  The bureau 
 shall obtain from wherever procurable and file for record finger 
 and thumb prints, measurements, photographs, plates, outline 
 pictures, descriptions, modus operandi statements, conditional 
 release information, or such other information as the 
 superintendent considers necessary, of persons who have been or 
 shall hereafter be convicted of a felony, gross misdemeanor, or 
 an attempt to commit a felony or gross misdemeanor, within the 
 state, or who are known to be habitual criminals.  To the extent 
 that the superintendent may determine it to be necessary, the 
 bureau shall obtain like information concerning persons 
 convicted of a crime under the laws of another state or 
 government, the central repository of this records system is the 
 bureau of criminal apprehension in St. Paul. 

    HIST: (9950-9) 1927 c 224 s 5; 1957 c 790 s 1; 1969 c 9 s 92; 
 1998 c 367 art 7 s 5 

     299C.091 Criminal gang investigative data system. 

    Subdivision 1.    Establishment.  The bureau shall 
 administer and maintain a computerized criminal gang 
 investigative data system for the purpose of assisting criminal 
 justice agencies in the investigation and prosecution of 
 criminal activity by gang members.  The system consists of data 
 on individuals whom law enforcement agencies determine are or 
 may be engaged in criminal gang activity.  Notwithstanding 
 section 260B.171, subdivision 5, data on adults and juveniles in 
 the system and data documenting an entry in the system may be 
 maintained together.  Data in the system must be submitted and 
 maintained as provided in this section. 

    Subd. 2.    Entry of data into system.  (a) A law 
 enforcement agency may submit data on an individual to the 
 criminal gang investigative data system only if the agency 
 obtains and maintains the documentation required under this 
 subdivision.  Documentation may include data obtained from other 
 criminal justice agencies, provided that a record of all of the 
 documentation required under paragraph (b) is maintained by the 
 agency that submits the data to the bureau.  Data maintained by 
 a law enforcement agency to document an entry in the system are 
 confidential data on individuals as defined in section 13.02, 
 subdivision 3, but may be released to criminal justice agencies. 

    (b) A law enforcement agency may submit data on an 
 individual to the bureau for inclusion in the system if the 
 individual is 14 years of age or older and the agency has 
 documented that: 

    (1) the individual has met at least three of the criteria 
 or identifying characteristics of gang membership developed by 
 the criminal gang oversight council under section 299A.65 as 
 required by the council; and 

    (2) the individual has been convicted of a gross 
 misdemeanor or felony or has been adjudicated or has a stayed 
 adjudication as a juvenile for an offense that would be a gross 
 misdemeanor or felony if committed by an adult. 

    Subd. 3.    Classification of data in system.  Data in 
 the criminal gang investigative data system are confidential 
 data on individuals as defined in section 13.02, subdivision 3, 
 but are accessible to law enforcement agencies and may be 
 released to the criminal justice agencies. 

    Subd. 4.    Audit of data submitted to system.  The 
 bureau shall conduct periodic random audits of data under 
 subdivision 2 that documents inclusion of an individual in the 
 criminal gang investigative data system for the purpose of 
 determining the validity, completeness, and accuracy of data 
 submitted to the system.  The bureau has access to the 
 documenting data for purposes of conducting an audit. 

    Subd. 5.    Removal of data from system.  
 Notwithstanding section 138.17, the bureau shall destroy data 
 entered into the system when three years have elapsed since the 
 data were entered into the system, except as otherwise provided 
 in this subdivision.  If the bureau has information that the 
 individual has been convicted as an adult, or has been 
 adjudicated or has a stayed adjudication as a juvenile for an 
 offense that would be a crime if committed by an adult, since 
 entry of the data into the system, the data must be maintained 
 until three years have elapsed since the last record of a 
 conviction or adjudication or stayed adjudication of the 
 individual.  Upon request of the law enforcement agency that 
 submitted data to the system, the bureau shall destroy the data 
 regardless of whether three years have elapsed since the data 
 were entered into the system. 

    HIST: 1997 c 239 art 8 s 12; 1999 c 139 art 4 s 2 

     299C.095 System for identification of juvenile offenders.

    Subdivision 1.    Access.  (a) The bureau shall 
 administer and maintain the computerized juvenile history record 
 system based on sections 260B.171 and 260C.171 and other 
 statutes requiring the reporting of data on juveniles.  The data 
 in the system are private data as defined in section 13.02, 
 subdivision 12, but are accessible to criminal justice agencies 
 as defined in section 13.02, subdivision 3a, to all trial courts 
 and appellate courts, to a person who has access to the juvenile 
 court records as provided in sections 260B.171 and 260C.171 or 
 under court rule and to criminal justice agencies in other 
 states in the conduct of their official duties. 

    (b) Except for access authorized under paragraph (a), the 
 bureau shall only disseminate a juvenile adjudication history 
 record in connection with a background check required by statute 
 or rule and performed on a licensee, license applicant, or 
 employment applicant or performed under section 624.713.  A 
 consent for release of information from an individual who is the 
 subject of a juvenile adjudication history is not effective and 
 the bureau shall not release a juvenile adjudication history 
 record and shall not release information in a manner that 
 reveals the existence of the record. 

    Subd. 2.    Retention.  (a) Notwithstanding section 
 138.17, the bureau shall retain juvenile history records for the 
 time periods provided in this subdivision.  Notwithstanding 
 contrary provisions of paragraphs (b) to (e), all data in a 
 juvenile history record must be retained for the longest time 
 period applicable to any item in the individual juvenile history 
 record.  If, before data are destroyed under this subdivision, 
 the subject of the data is convicted of a felony as an adult, 
 the individual's juvenile history record must be retained for 
 the same time period as an adult criminal history record. 

    (b) Juvenile history data on a child who was arrested must 
 be destroyed six months after the arrest if the child has not 
 been referred to a diversion program and no petition has been 
 filed against the child by that time. 

    (c) Juvenile history data on a child against whom a 
 delinquency petition was filed and subsequently dismissed must 
 be destroyed upon receiving notice from the court that the 
 petition was dismissed. 

    (d) Juvenile history data on a child who was referred to a 
 diversion program or against whom a delinquency petition has 
 been filed and continued for dismissal must be destroyed when 
 the child reaches age 21. 

    (e) Juvenile history data on a child against whom a 
 delinquency petition was filed and continued without 
 adjudication, or a child who was found to have committed a 
 felony or gross misdemeanor-level offense, must be destroyed 
 when the child reaches age 28.  If the offender commits a felony 
 violation as an adult, the bureau shall retain the data for as 
 long as the data would have been retained if the offender had 
 been an adult at the time of the juvenile offense. 

    (f) The bureau shall retain extended jurisdiction juvenile 
 data on an individual received under section 260B.171, 
 subdivision 2, paragraph (c), for as long as the data would have 
 been retained if the offender had been an adult at the time of 
 the offense. 

    (g) Data retained on individuals under this subdivision are 
 private data under section 13.02, except that extended 
 jurisdiction juvenile data become public data under section 
 13.87, subdivision 2, when the juvenile court notifies the 
 bureau that the individual's adult sentence has been executed 
 under section 260B.130, subdivision 5. 

    (h) A person who receives data on a juvenile under 
 paragraphs (b) to (e) from the bureau shall destroy the data 
 according to the schedule in this subdivision, unless the person 
 has access to the data under other law.  The bureau shall 
 include a notice of the destruction schedule with all data it 
 disseminates on juveniles. 

    HIST: 1992 c 571 art 7 s 10; 1996 c 440 art 1 s 49; 1997 c 239 
 art 8 s 13; 1998 c 371 s 16; 1999 c 139 art 4 s 2 

     299C.10 Identification data required. 

    Subdivision 1.    Law enforcement duty.  (a) It is 
 hereby made the duty of the sheriffs of the respective counties, 
 of the police officers in cities of the first, second, and third 
 classes, under the direction of the chiefs of police in such 
 cities, and of community corrections agencies operating secure 
 juvenile detention facilities to take or cause to be taken 
 immediately finger and thumb prints, photographs, distinctive 
 physical mark identification data, and other identification data 
 requested or required by the superintendent of the bureau, of 
 the following: 

    (1) persons arrested for a felony or gross misdemeanor; 

    (2) juveniles arrested for or alleged to have committed 
 felonies as distinguished from those committed by adult 
 offenders; 

    (3) persons reasonably believed by the arresting officer to 
 be fugitives from justice; 

    (4) persons in whose possession, when arrested, are found 
 concealed firearms or other dangerous weapons, burglar tools or 
 outfits, high-power explosives, or articles, machines, or 
 appliances usable for an unlawful purpose and reasonably 
 believed by the arresting officer to be intended for such 
 purposes; and 

    (5) juveniles referred by a law enforcement agency to a 
 diversion program for a felony or gross misdemeanor offense. 

    Within 24 hours the fingerprint records and other 
 identification data specified under this paragraph must be 
 forwarded to the bureau of criminal apprehension on such forms 
 and in such manner as may be prescribed by the superintendent of 
 the bureau of criminal apprehension. 

    (b) Effective August 1, 1997, the identification reporting 
 requirements shall also apply to persons arrested for or alleged 
 to have committed targeted misdemeanor offenses and juveniles 
 arrested for or alleged to have committed gross misdemeanors.  
 In addition, the reporting requirements shall include any known 
 aliases or street names of the offenders. 

    For purposes of this section, a targeted misdemeanor is a 
 misdemeanor violation of section 169.121 (driving while 
 intoxicated), 518B.01 (order for protection violation), 609.224 
 (fifth degree assault), 609.2242 (domestic assault), 609.746 
 (interference with privacy), 609.748 (harassment or restraining 
 order violation), or 617.23 (indecent exposure). 

    Subd. 2.    Law enforcement education.  The sheriffs and 
 police officers who take finger and thumb prints must obtain 
 training in the proper methods of taking and transmitting finger 
 prints under this section consistent with bureau requirements. 

    Subd. 3.    Bureau duty.  The bureau must enter in the 
 criminal records system finger and thumb prints within five 
 working days after they are received under this section. 

    Subd. 4.    Fee for background check; account; 
 appropriation.  The superintendent shall collect a fee in an 
 amount to cover the expense for each background check provided 
 for a purpose not directly related to the criminal justice 
 system or required by section 624.7131, 624.7132, or 624.714.  
 The proceeds of the fee must be deposited in a special account.  
 Money in the account is appropriated to the commissioner to 
 maintain and improve the quality of the criminal record system 
 in Minnesota. 

    HIST: (9950-10) 1927 c 224 s 6; 1929 c 46 s 1; 1935 c 197 s 4; 
 1957 c 790 s 2; 1993 c 266 s 32; 1994 c 636 art 4 s 19; 1995 c 
 226 art 4 s 10,11; 1996 c 408 art 6 s 11; 1996 c 440 art 1 s 50; 
 1997 c 159 art 2 s 43; 1997 c 239 art 8 s 14,15 

     299C.11 Identification data furnished to bureau. 

    (a) The sheriff of each county and the chief of police of 
 each city of the first, second, and third classes shall furnish 
 the bureau, upon such form as the superintendent shall 
 prescribe, with such finger and thumb prints, photographs, 
 distinctive physical mark identification data, and other 
 identification data as may be requested or required by the 
 superintendent of the bureau, which may be taken under the 
 provisions of section 299C.10, of persons who shall be convicted 
 of a felony, gross misdemeanor, or who shall be found to have 
 been convicted of a felony or gross misdemeanor, within ten 
 years next preceding their arrest.  

    (b) No petition under chapter 609A is required if the 
 person has not been convicted of any felony or gross 
 misdemeanor, either within or without the state, within the 
 period of ten years immediately preceding the determination of 
 all pending criminal actions or proceedings in favor of the 
 arrested person, and either of the following occurred: 

    (1) all charges were dismissed prior to a determination of 
 probable cause; or 

    (2) the prosecuting authority declined to file any charges 
 and a grand jury did not return an indictment. 

    Where these conditions are met, the bureau or agency shall, 
 upon demand, return to the arrested person finger and thumb 
 prints, photographs, distinctive physical mark identification 
 data, and other identification data, and all copies and 
 duplicates of them. 

    (c) Except as otherwise provided in paragraph (b), upon the 
 determination of all pending criminal actions or proceedings in 
 favor of the arrested person, and the granting of the petition 
 of the arrested person under chapter 609A, the bureau shall seal 
 finger and thumb prints, photographs, distinctive physical mark 
 identification data, and other identification data, and all 
 copies and duplicates of them if the arrested person has not 
 been convicted of any felony or gross misdemeanor, either within 
 or without the state, within the period of ten years immediately 
 preceding such determination. 

    (d) DNA samples and DNA records of the arrested person 
 shall not be returned, sealed, or destroyed as to a charge 
 supported by probable cause.  

    (e) For purposes of this section, "determination of all 
 pending criminal actions or proceedings in favor of the arrested 
 person" does not include: 

    (1) the sealing of a criminal record pursuant to section 
 152.18, subdivision 1, 242.31, or chapter 609A; 

    (2) the arrested person's successful completion of a 
 diversion program; 

    (3) an order of discharge under section 609.165; or 

    (4) a pardon granted under section 638.02. 

    HIST: (9950-11) 1927 c 224 s 7; 1929 c 46 s 2; 1935 c 197 s 5; 
 1957 c 790 s 3; 1986 c 444; 1992 c 569 s 16; 1994 c 636 art 4 s 
 20; 1995 c 259 art 1 s 49; 1996 c 408 art 9 s 5; 1997 c 7 art 1 
 s 122 

     299C.115 Warrant information provided to state. 

    By January 1, 1996, every county shall, in the manner 
 provided in either clause (1) or (2), make warrant information 
 available to other users of the Minnesota criminal justice 
 information system: 

    (1) the county shall enter the warrant information in the 
 warrant file of the Minnesota criminal justice information 
 system; or 

    (2) the county, at no charge to the state, shall make the 
 warrant information that is maintained in the county's computer 
 accessible by means of a single query to the Minnesota criminal 
 justice information system. 

    As used in this section, "warrant information" means 
 information on all outstanding felony, gross misdemeanor, and 
 misdemeanor warrants for adults and juveniles that are issued 
 within the county. 

    HIST: 1994 c 636 art 4 s 21 

     299C.12 Record kept by peace officer; report.  

    Every peace officer shall keep or cause to be kept a 
 permanent written record, in such form as the superintendent may 
 prescribe, of all felonies reported to or discovered by the 
 officer within the officer's jurisdiction and of all warrants of 
 arrest for felonies and search warrants issued to the officer in 
 relation to the commission of felonies, and shall make or cause 
 to be made to the sheriff of the county and the bureau reports 
 of all such crimes, upon such forms as the superintendent may 
 prescribe, including a statement of the facts and a description 
 of the offender, so far as known, the offender's method of 
 operation, the action taken by the officer, and such other 
 information as the superintendent may require.  

    HIST: (9950-12) 1927 c 224 s 8; 1959 c 409 s 1; 1986 c 444 

     299C.13 Information furnished to peace officer. 

    Upon receipt of information data as to any arrested person, 
 the bureau shall immediately ascertain whether the person 
 arrested has a criminal record or is a fugitive from justice, 
 and shall at once inform the arresting officer of the facts 
 ascertained, including references to any adult court disposition 
 data that are not in the criminal history system.  Upon 
 application by any sheriff, chief of police, or other peace 
 officer in the state, or by an officer of the United States or 
 by an officer of another state, territory, or government duly 
 authorized to receive the same and effecting reciprocal 
 interchange of similar information with the division, it shall 
 be the duty of the bureau to furnish all information in its 
 possession pertaining to the identification of any person.  If 
 the bureau has a sealed record on the arrested person, it shall 
 notify the requesting peace officer of that fact and of the 
 right to seek a court order to open the record for purposes of 
 law enforcement.  A criminal justice agency shall be notified, 
 upon request, of the existence and contents of a sealed record 
 containing conviction information about an applicant for 
 employment.  For purposes of this section a "criminal justice 
 agency" means courts or a government agency that performs the 
 administration of criminal justice under statutory authority. 

    HIST: (9950-13) 1927 c 224 s 9; 1992 c 569 s 17; 1996 c 408 
 art 9 s 6; 1997 c 239 art 8 s 16 

     299C.14 Information on released prisoner. 

    It shall be the duty of the officials having charge of the 
 penal institutions of the state or the release of prisoners 
 therefrom to furnish to the bureau, as the superintendent may 
 require, finger and thumb prints, photographs, distinctive 
 physical mark identification data, other identification data, 
 modus operandi reports, and criminal records of prisoners 
 heretofore, now, or hereafter confined in such penal 
 institutions, together with the period of their service and the 
 time, terms, and conditions of their discharge.  

    HIST: (9950-14) 1937 c 224 s 10; 1969 c 9 s 93; 1994 c 636 art 
 4 s 22 

     299C.145 Distinctive physical mark identification system.

    Subdivision 1.    Definition.  As used in this section 
 and in sections 299C.10, 299C.11, and 299C.14, "distinctive 
 physical mark identification data" means a photograph of a 
 brand, scar, or tattoo, and a description of the body location 
 where the distinctive physical mark appears. 

    Subd. 2.    System establishment.  The superintendent 
 shall establish and maintain a system within the bureau to 
 enable law enforcement agencies to submit and obtain distinctive 
 physical mark identification data on persons who are under 
 investigation for criminal activity.  The system shall 
 cross-reference the distinctive physical mark identification 
 data with the name of the individual from whose body the 
 distinctive physical mark identification data was obtained.  The 
 system also shall cross-reference distinctive physical mark 
 identification data with the names of individuals who have been 
 identified as having a similar or identical distinctive physical 
 mark in the same body location. 

    Subd. 3.    Authority to enter or retrieve data.  Only 
 law enforcement agencies may submit data to and obtain data from 
 the distinctive physical mark identification system. 

    Subd. 4.    Rules.  The bureau may adopt rules to 
 provide for the orderly collection, entry, and retrieval of data 
 contained in the distinctive physical mark identification system.

    HIST: 1994 c 636 art 4 s 23 

     299C.147 Conditional release data system. 

    Subdivision 1.    Definition.  As used in this section, 
 "conditional release" means probation, conditional release, and 
 supervised release. 

    Subd. 2.    Establishment.  The bureau shall administer 
 and maintain a computerized data system for the purpose of 
 assisting criminal justice agencies in monitoring and enforcing 
 the conditions of conditional release imposed on criminal 
 offenders by a sentencing court or the commissioner of 
 corrections.  The data in the system are private data as defined 
 in section 13.02, subdivision 12, but are accessible to criminal 
 justice agencies as defined in section 13.02, subdivision 3a, 
 and to criminal justice agencies in other states in the conduct 
 of their official duties.  

    Subd. 3.    Authority to enter or retrieve data.  Only 
 criminal justice agencies may submit data to and obtain data 
 from the conditional release data system.  The commissioner of 
 corrections may require that any or all information be submitted 
 to the conditional release data system.  A consent to the 
 release of data in the conditional release data system from the 
 individual who is the subject of the data is not effective.  

    Subd. 4.    Procedures.  The bureau shall adopt 
 procedures to provide for the orderly collection, entry, 
 retrieval, and deletion of data contained in the conditional 
 release data system. 

    HIST: 1998 c 367 art 7 s 6 

     299C.15 Cooperation with criminal identification 
  organizations.  

    The bureau shall cooperate and exchange information with 
 other organizations for criminal identification, either within 
 or without the state, for the purpose of developing, improving, 
 and carrying on an efficient system for the identification and 
 apprehension of criminals.  

    HIST: (9950-15) 1927 c 224 s 11 

     299C.155 Standardized evidence collection; DNA analysis. 

    Subdivision 1.    Definition.  As used in this section, 
 "DNA analysis" means the process through which deoxyribonucleic 
 acid (DNA) in a human biological specimen is analyzed and 
 compared with DNA from another human biological specimen for 
 identification purposes. 

    Subd. 2.    Uniform evidence collection.  The bureau 
 shall develop uniform procedures and protocols for collecting 
 evidence in cases of alleged or suspected criminal sexual 
 conduct, including procedures and protocols for the collection 
 and preservation of human biological specimens for DNA analysis. 
 Law enforcement agencies and medical personnel who conduct 
 evidentiary exams shall use the uniform procedures and protocols 
 in their investigation of criminal sexual conduct offenses.  The 
 uniform procedures and protocols developed under this 
 subdivision are not subject to the rulemaking provisions of 
 chapter 14. 

    Subd. 3.    DNA analysis and data bank.  The bureau 
 shall adopt uniform procedures and protocols to maintain, 
 preserve, and analyze human biological specimens for DNA.  The 
 bureau shall establish a centralized system to cross-reference 
 data obtained from DNA analysis.  The uniform procedures and 
 protocols developed under this subdivision are not subject to 
 the rulemaking provisions of chapter 14. 

    Subd. 4.    Record.  The bureau shall perform DNA 
 analysis and make data obtained available to law enforcement 
 officials in connection with criminal investigations in which 
 human biological specimens have been recovered.  Upon request, 
 the bureau shall also make the data available to the prosecutor 
 and the subject of the data in any subsequent criminal 
 prosecution of the subject. 

    HIST: 1989 c 290 art 4 s 7; 1990 c 499 s 5,6 

     299C.16 Information broadcast to peace officers.  

    The bureau shall broadcast, by mail, wire, and wireless, to 
 peace officers such information as to wrongdoers wanted, 
 property stolen or recovered, and other intelligence as may help 
 in controlling crime.  

    HIST: (9950-16) 1927 c 224 s 12 

     299C.17 Report by court administrator.  

    The superintendent shall have power to require the court 
 administrator of any county to file with the department, at such 
 time as the superintendent may designate, a report, upon such 
 form as the superintendent may prescribe, furnishing such 
 information as the superintendent may require with regard to the 
 prosecution and disposition of criminal cases.  A copy of the 
 report shall be kept on file in the office of the court 
 administrator.  

    HIST: (9950-18) 1927 c 224 s 14; 1935 c 197 s 6; 1986 c 444; 
 1Sp1986 c 3 art 1 s 82 

     299C.18 Bureau operations report. 

    Biennially, on or before November 15, in each even-numbered 
 year the superintendent shall submit to the governor and the 
 legislature a detailed report of the operations of the bureau, 
 of information about crime and the handling of crimes and 
 criminals by state and local officials collected by the bureau, 
 and the superintendent's interpretations of the information, 
 with comments and recommendations.  The data contained in the 
 report on Part I offenses cleared by arrest, as defined by the 
 United States Department of Justice, shall be collected and 
 tabulated geographically at least on a county-by-county basis.  
 In such reports the superintendent shall, from time to time, 
 include recommendations to the legislature for dealing with 
 crime and criminals and information as to conditions and methods 
 in other states in reference thereto, and shall furnish a copy 
 of such report to each member of the legislature.  

    HIST: (9950-19) 1927 c 224 s 15; 1935 c 197 s 7; 1955 c 847 s 
 29; 1969 c 540 s 14; 1986 c 444; 1992 c 511 art 1 s 12 

     299C.19 Employees included in workers' compensation laws.

    Every employee of the bureau shall be deemed an employee of 
 the state within the meaning of the workers' compensation laws 
 of this state and entitled to the benefit of all the provisions 
 of those laws applicable to state employees. 

    HIST: (9950-20) 1927 c 224 s 16; 1975 c 359 s 23; 1981 c 64 s 
 1 

     299C.20 Statutory construction.  

    It is hereby declared that sections 299C.03 to 299C.20 are 
 necessary for the public safety, peace and welfare, are remedial 
 in nature, shall be construed liberally, and that, in case any 
 part thereof shall be declared unconstitutional, it shall not in 
 any way affect any other part.  

    HIST: (9950-21) 1927 c 224 s 17 

     299C.21 Penalty on local officer refusing information.  

    If any public official charged with the duty of furnishing 
 to the bureau fingerprint records, reports, or other information 
 required by sections 299C.06, 299C.10, 299C.11, 299C.17, shall 
 neglect or refuse to comply with such requirement, the bureau, 
 in writing, shall notify the state, county, or city officer 
 charged with the issuance of a warrant for the payment of the 
 salary of such official.  Upon the receipt of the notice the 
 state, county, or city official shall withhold the issuance of a 
 warrant for the payment of the salary or other compensation 
 accruing to such officer for the period of 30 days thereafter 
 until notified by the bureau that such suspension has been 
 released by the performance of the required duty.  

    HIST: (9950-22) 1935 c 197 s 8 

     299C.22 Security guard; discharge of firearm; report. 

    Subdivision 1.    Definitions.  For purposes of this 
 section, "security guard" means any person who is paid a fee, 
 wage or salary to perform one or more of the following functions:

    (a) prevention or detection of intrusion, unauthorized 
 entry or activity, vandalism, or trespass on private property; 

    (b) prevention or detection of theft, loss, embezzlement, 
 misappropriation, or concealment of merchandise, money, bonds, 
 stocks, notes, or other valuable documents or papers; 

    (c) control, regulation, or direction of the flow or 
 movements of the public, whether by vehicle or otherwise, to 
 assure protection of private property; 

    (d) protection of individuals from bodily harm; or 

    (e) enforcement of policies and rules of the security 
 guard's employer related to crime reduction insofar as such 
 enforcement falls within the scope of the guard's duties.  

    The provisions of this subdivision are not intended to 
 include within the definition of "security guard" auditors, 
 accountants, and accounting personnel whether or not they are 
 employees of a private firm, corporation or independent 
 accounting firm. 

    Subd. 2.    Report.  Each discharge of a firearm by a 
 security guard in the course of employment, other than for 
 training purposes, shall be reported to the chief of police of 
 an organized full-time police department of the municipality in 
 which the discharge occurred or to the county sheriff if there 
 is no local chief of police.  Reports required to be made under 
 this subdivision shall be forwarded to the bureau of criminal 
 apprehension upon forms as may be prescribed and furnished by 
 the bureau.  The superintendent shall cause a summary of the 
 reports to be compiled and published annually. 

    HIST: 1979 c 196 s 1; 1986 c 444 

     299C.23 Continuing education fee; appropriation. 

    The commissioner of public safety may charge tuition to 
 cover the cost of continuing education courses provided by the 
 bureau of criminal apprehension when money available to the 
 commissioner for this purpose is not adequate to pay these 
 costs.  The tuition fees collected are appropriated to the 
 commissioner.  

    HIST: 1989 c 269 s 44 

     299C.30 Radio broadcasting station may be installed.  

    The commissioner of administration is hereby authorized to 
 purchase, secure the necessary air privilege, lease or otherwise 
 acquire, and install one or more radio broadcasting stations to 
 be used for police purposes only, under the direction of the 
 bureau of criminal apprehension.  

    HIST: (9950-41) 1935 c 195 s 1 

     299C.31 Bureau to maintain station.  

    The bureau is hereby charged with the maintenance, 
 operation, and conduct of all radio broadcasting stations 
 established under the provisions of sections 299C.30 to 299C.38. 

    HIST: (9950-42) 1935 c 195 s 2 

     299C.32 Police car to have radio.  

    When the broadcasting station or stations authorized by 
 sections 299C.30 to 299C.38 have been established and are ready 
 for operation, the bureau shall notify immediately the board of 
 county commissioners in each county of the state that such radio 
 service has been established; and forthwith the board shall 
 provide for the purchase and installation in the office of the 
 sheriff and at such other places within each county as it may 
 direct, and in at least one motor vehicle used by the sheriff in 
 the conduct of the sheriff's office, a locked-in radio receiving 
 set of the character prescribed by the bureau for use in 
 connection with the broadcasting station or stations so 
 established.  

    HIST: (9950-43) 1935 c 195 s 3; Ex1936 c 104 s 1; 1986 c 444 

     299C.33 Receiving station in city.  

    The council of each city in the state shall, and the 
 council of each statutory city in the state may, purchase, 
 install, and maintain in such place as the council may 
 determine, at least one such locked-in radio receiving set, as 
 may be prescribed by the bureau for use in law enforcement and 
 police work in such city or statutory city in connection with 
 the broadcasting system thereby established.  

    HIST: (9950-44) 1935 c 195 s 4; Ex1936 c 104 s 2; 1973 c 123 
 art 5 s 7 

     299C.34 Commissioner to supply broadcasting set.  

    The commissioner of administration shall purchase and 
 supply the bureau of criminal apprehension with such locked-in 
 radio receiving sets as are deemed necessary by the 
 superintendent.  

    HIST: (9950-45) 1935 c 195 s 5; Ex1936 c 104 s 3 

     299C.35 Bureau to broadcast criminal information.  

    It shall be the duty of the bureau to broadcast all police 
 dispatches and reports submitted which, in the opinion of the 
 superintendent, shall have a reasonable relation to or 
 connection with the apprehension of criminals, the prevention of 
 crime, and the maintenance of peace and order throughout the 
 state.  Every sheriff, peace officer, or other person employing 
 a radio receiving set under the provisions of sections 299C.30 
 to 299C.38 shall make report to the bureau at such times and 
 containing such information as the superintendent shall direct.  

    HIST: (9950-46) 1935 c 195 s 6 

     299C.36 Priority for station calls and messages. 

    Every telegraph and telephone company operating in the 
 state shall give priority to all messages or calls directed to 
 the broadcasting station or stations established under sections 
 299C.30 to 299C.38.  

    HIST: (9950-47) 1935 c 195 s 7 

     299C.37 Police communication equipment; use, sale. 

    Subdivision 1.    Use regulated.  (a) No person other 
 than peace officers within the state, the members of the state 
 patrol, and persons who hold an amateur radio license issued by 
 the Federal Communications Commission, shall equip any motor 
 vehicle with any radio equipment or combination of equipment, 
 capable of receiving any radio signal, message, or information 
 from any police emergency frequency, or install, use, or possess 
 the equipment in a motor vehicle without permission from the 
 superintendent of the bureau upon a form prescribed by the 
 superintendent.  An amateur radio license holder is not entitled 
 to exercise the privilege granted by this paragraph if the 
 license holder has been convicted in this state or elsewhere of 
 a crime of violence, as defined in section 624.712, subdivision 
 5, unless ten years have elapsed since the person has been 
 restored to civil rights or the sentence has expired, whichever 
 occurs first, and during that time the person has not been 
 convicted of any other crime of violence.  For purposes of this 
 section, "crime of violence" includes a crime in another state 
 or jurisdiction that would have been a crime of violence if it 
 had been committed in this state.  Radio equipment installed, 
 used, or possessed as permitted by this paragraph must be under 
 the direct control of the license holder whenever it is used. 

    (b) Except as provided in paragraph (c), any person who is 
 convicted of a violation of this subdivision shall, upon 
 conviction for the first offense, be guilty of a misdemeanor, 
 and for the second and subsequent offenses shall be guilty of a 
 gross misdemeanor. 

    (c) An amateur radio license holder who exercises the 
 privilege granted by paragraph (a) shall carry the amateur radio 
 license in the motor vehicle at all times and shall present the 
 license to a peace officer on request.  A violation of this 
 paragraph is a petty misdemeanor.  A second or subsequent 
 violation is a misdemeanor. 

    Subd. 2.  Repealed, 1971 c 71 s 2 

    Subd. 3.    Permit.  The superintendent of the bureau 
 shall, upon written application, issue a written permit, which 
 shall be nontransferable, to a person, firm, or corporation 
 showing good cause to use radio equipment capable of receiving a 
 police emergency frequency, as a necessity, in the lawful 
 pursuit of a business, trade, or occupation. 

    Subd. 4. Repealed, 1983 c 293 s 115 

    HIST: (9950-48) 1935 c 195 s 8; 1961 c 661 s 1; 1965 c 721 s 
 1; 1981 c 37 s 2; 1983 c 293 s 91; 1986 c 444; 1987 c 191 s 1 

     299C.38 Priority of police communications; misdemeanor.  

    Any telegraph or telephone operator who shall fail to give 
 priority to police messages or calls as provided in sections 
 299C.30 to 299C.38, and any person who willfully makes any 
 false, misleading, or unfounded report to any broadcasting 
 station established thereunder for the purpose of interfering 
 with the operation thereof, or with the intention of misleading 
 any officer of this state, shall be guilty of a misdemeanor.  

    HIST: (9950-50) 1935 c 195 s 10; 1965 c 721 s 2 

  299C.45 Repealed, 1977 c 424 s 5 

     299C.46 Criminal justice data communications network. 

    Subdivision 1.    Establishment; interconnection.  The 
 commissioner of public safety shall establish a criminal justice 
 data communications network which will enable the 
 interconnection of the criminal justice agencies within the 
 state into a unified criminal justice information system.  The 
 commissioner of public safety is authorized to lease or purchase 
 facilities and equipment as may be necessary to establish and 
 maintain the data communications network. 

    Subd. 2.    Criminal justice agency defined.  For the 
 purposes of sections 299C.46 to 299C.49, "criminal justice 
 agency" means an agency of the state or an agency of a political 
 subdivision charged with detection, enforcement, prosecution, 
 adjudication or incarceration in respect to the criminal or 
 traffic laws of this state.  This definition also includes all 
 sites identified and licensed as a detention facility by the 
 commissioner of corrections under section 241.021. 

    Subd. 2a.    Noncriminal justice agency defined.  For 
 the purposes of sections 299C.46 to 299C.49, "noncriminal 
 justice agency" means an agency of a state or an agency of a 
 political subdivision of a state charged with the responsibility 
 of performing checks of state databases connected to the 
 criminal justice data communications network. 

    Subd. 3.    Authorized use, fee.  (a) The criminal 
 justice data communications network shall be used exclusively by:

    (1) criminal justice agencies in connection with the 
 performance of duties required by law; 

    (2) agencies investigating federal security clearances of 
 individuals for assignment or retention in federal employment 
 with duties related to national security, as required by Public 
 Law Number 99-1691; 

    (3) other agencies to the extent necessary to provide for 
 protection of the public or property in an emergency or disaster 
 situation; 

    (4) noncriminal justice agencies statutorily mandated, by 
 state or national law, to conduct checks into state databases 
 prior to disbursing licenses or providing benefits; and 

    (5) the public authority responsible for child support 
 enforcement in connection with the performance of its duties.  

    (b) The commissioner of public safety shall establish a 
 monthly network access charge to be paid by each participating 
 criminal justice agency.  The network access charge shall be a 
 standard fee established for each terminal, computer, or other 
 equipment directly addressable by the data communications 
 network, as follows:  January 1, 1984 to December 31, 1984, $40 
 connect fee per month; January 1, 1985 and thereafter, $50 
 connect fee per month.  

    (c) The commissioner of public safety is authorized to 
 arrange for the connection of the data communications network 
 with the criminal justice information system of the federal 
 government, any adjacent state, or Canada. 

    Subd. 4.    Commissioner administers and coordinates.  
 The commissioner of public safety shall administer the data 
 communications network and shall coordinate matters relating to 
 its use by other state agencies and political subdivisions.  The 
 commissioner shall receive the assistance of the commissioner of 
 administration on matters involving the department of 
 administration and its information systems division. Other state 
 department or agency heads shall assist the commissioner where 
 necessary in the performance of the commissioner's duties under 
 this section. 

    Subd. 5.    Diversion program data.  Counties operating 
 diversion programs under section 401.065 shall supply to the 
 bureau of criminal apprehension the names of and other 
 identifying data specified by the bureau concerning diversion 
 program participants.  Notwithstanding section 299C.11, the 
 bureau shall maintain the names and data in the computerized 
 criminal history system for 20 years from the date of the 
 offense.  Data maintained under this subdivision are private 
 data.  

    HIST: 1965 c 903 s 1; 1967 c 334 s 2; 1977 c 424 s 1; 1983 c 
 293 s 92; 1986 c 444; 1987 c 166 s 1; 1993 c 326 art 10 s 8; 
 1996 c 440 art 1 s 51; 1997 c 159 art 2 s 44,45; 1997 c 203 art 
 6 s 31 

  299C.47 Repealed, 1976 c 149 s 63 

     299C.48 Connection by authorized agency; standing 
  appropriation. 

    (a) An agency authorized under section 299C.46, subdivision 
 3, may connect with and participate in the criminal justice data 
 communications network upon approval of the commissioner of 
 public safety; provided, that the agency shall first agree to 
 pay installation charges as may be necessary for connection and 
 monthly operational charges as may be established by the 
 commissioner of public safety.  Before participation by a 
 criminal justice agency may be approved, the agency must have 
 executed an agreement with the commissioner providing for 
 security of network facilities and restrictions on access to 
 data supplied to and received through the network. 

    (b) The installation and monthly operational charges 
 collected by the commissioner of public safety under paragraph 
 (a) are annually appropriated to the commissioner to administer 
 sections 299C.46 to 299C.50. 

    HIST: 1965 c 903 s 3; 1967 c 334 s 2; 1973 c 123 art 5 s 7; 
 1977 c 424 s 2; 1987 c 166 s 2; 1987 c 320 s 2 

     299C.49 Grant review. 

    The commissioner of public safety, after consultation with 
 representatives of criminal justice agencies, shall review all 
 grant requests for federal and state funds from the governor's 
 commission on crime prevention and control or its successor for 
 criminal justice information systems and recommend action to the 
 commission. 

    HIST: 1977 c 424 s 3 

     299C.50 Transfer of functions. 

    The commissioner of public safety shall perform all duties 
 in respect to the state's criminal justice information system 
 which were transferred from the commissioner of finance and the 
 governor's commission on crime prevention and control by 
 executive order of the governor; provided, that a transfer shall 
 not occur if the state is informed by a federal agency that the 
 transfer will result in the loss of federal moneys to which the 
 state would otherwise be entitled pursuant to the Omnibus Crime 
 Control and Safe Streets Act of 1968, Public Law Number 90-351, 
 as amended by the Juvenile Justice and Delinquency Prevention 
 Act of 1974, Public Law Number 93-415, and the Crime Control Act 
 of 1976, Public Law Number 94-503. 

    HIST: 1977 c 424 s 4 

     299C.51 Citation. 

    Sections 299C.51 to 299C.53 may be cited as the "Minnesota 
 Missing Children's Act."  

    HIST: 1984 c 510 s 1 

     299C.52 Minnesota missing child program. 

    Subdivision 1.    Definitions.  As used in sections 
 299C.52 to 299C.56, the following terms have the meanings given 
 them:  

    (a) "Child" means any person under the age of 18 years or 
 any person certified or known to be mentally incompetent; 

    (b) "CJIS" means Minnesota criminal justice information 
 system; 

    (c) "Missing" means the status of a child after a law 
 enforcement agency that has received a report of a missing child 
 has conducted a preliminary investigation and determined that 
 the child cannot be located; 

    (d) "NCIC" means National Crime Information Center; and 

    (e) "Endangered" means that a law enforcement official has 
 received sufficient evidence that the child is with a person who 
 presents a threat of immediate physical injury to the child or 
 physical or sexual abuse of the child. 

    Subd. 2.    Establishment.  The commissioner of public 
 safety shall maintain a Minnesota missing child program within 
 the department to enable documented information about missing 
 Minnesota children to be entered into the NCIC computer.  

    Subd. 3.    Computer equipment and programs.  The 
 commissioner shall provide the necessary computer hardware and 
 computer programs to enter, modify, and cancel information on 
 missing children in the NCIC computer through the CJIS.  These 
 programs must provide for search and retrieval of information 
 using the following identifiers:  physical description, name and 
 date of birth, name and social security number, name and 
 driver's license number, vehicle license number, and vehicle 
 identification number.  The commissioner shall also provide a 
 system for regional, statewide, multistate, and nationwide 
 broadcasts of information on missing children.  These broadcasts 
 shall be made by local law enforcement agencies where possible 
 or, in the case of statewide or nationwide broadcasts, by the 
 bureau of criminal apprehension upon request of the local law 
 enforcement agency.  

    Subd. 4.    Authority to enter or retrieve information.  
 Only law enforcement agencies may enter missing child 
 information through the CJIS into the NCIC computer or retrieve 
 information through the CJIS from the NCIC computer. 

    Subd. 5.    Statistical data.  The commissioner shall 
 annually compile and make available statistical information on 
 the number of missing children entered into the NCIC computer 
 and, if available, information on the number located.  

    Subd. 6.    Rules.  The commissioner may adopt rules in 
 conformance with sections 299C.52 to 299C.56 to provide for the 
 orderly collection and entry of missing child information and 
 requests for retrieval of missing child information. 

    HIST: 1984 c 510 s 2; 1991 c 285 s 4-6; 1994 c 636 art 4 s 24 

     299C.53 Missing child report; duties of commissioner and 
  law enforcement agencies. 

    Subdivision 1.    Investigation and entry of information. 
  Upon receiving a report of a child believed to be missing, a 
 law enforcement agency shall conduct a preliminary investigation 
 to determine whether the child is missing.  If the child is 
 initially determined to be missing and endangered, the agency 
 shall immediately consult the bureau of criminal apprehension 
 during the preliminary investigation, in recognition of the fact 
 that the first two hours are critical.  If the child is 
 determined to be missing, the agency shall immediately enter 
 identifying and descriptive information about the child through 
 the CJIS into the NCIC computer.  Law enforcement agencies 
 having direct access to the CJIS and the NCIC computer shall 
 enter and retrieve the data directly and shall cooperate in the 
 entry and retrieval of data on behalf of law enforcement 
 agencies which do not have direct access to the systems.  

    Subd. 2.    Location of missing child.  Immediately 
 after a missing child is located, the law enforcement agency 
 which located or returned the missing child shall notify the law 
 enforcement agency having jurisdiction over the investigation, 
 and that agency shall cancel the entry from the NCIC computer.  

    Subd. 3.    Missing and endangered children.  If the 
 bureau of criminal apprehension receives a report from a law 
 enforcement agency indicating that a child is missing and 
 endangered, the superintendent may assist the law enforcement 
 agency in conducting the preliminary investigation, offer 
 resources, and assist the agency in helping implement the 
 investigation policy with particular attention to the need for 
 immediate action. 

    HIST: 1984 c 510 s 3; 1994 c 636 art 4 s 25,26 

     299C.54 Missing children bulletin. 

    Subdivision 1.    Distribution.  The commissioner shall 
 distribute a missing children bulletin on a quarterly basis to 
 local law enforcement agencies, county attorneys, and public and 
 nonpublic schools.  The commissioner shall also make this 
 information accessible to other parties involved in efforts to 
 locate missing children and to other persons as the commissioner 
 considers appropriate. 

    Subd. 2.    Photograph.  The commissioner shall provide 
 appropriate local law enforcement agencies with a list of 
 missing children, with an appropriate waiver form to assist the 
 agency in obtaining a photograph of each missing child.  Local 
 agencies shall obtain the most recent photograph available for 
 missing children and forward those photographs to the 
 commissioner.  The commissioner shall include these photographs, 
 as they become available, in the quarterly bulletins. 

    Subd. 3.    Included with mailing.  State and local 
 elected officials and agencies may enclose in their mailings 
 information regarding missing children obtained from law 
 enforcement agencies or from any organization that is recognized 
 as a nonprofit, tax-exempt organization under state or federal 
 law and has an ongoing missing children program.  Elected 
 officials and commissioners of state agencies are urged to 
 develop policies to enclose missing children information in 
 mailings when it will not increase postage costs and is 
 otherwise considered appropriate. 

    Subd. 3a.    Collection of data.  Identifying 
 information on missing children entered into the NCIC computer 
 regarding cases that are still active at the time the missing 
 children bulletin is compiled each quarter may be included in 
 the bulletin. 

    Subd. 4.    Data classification.  The information 
 included in the missing children bulletin is public data as 
 defined in section 13.01, subdivision 15.  

    HIST: 1991 c 285 s 7; 1993 c 326 art 10 s 9 

     299C.55 Training. 

    The commissioner shall adopt standards for training 
 appropriate personnel concerning the investigation of missing 
 children cases.  

    HIST: 1991 c 285 s 8 

     299C.56 Release of medical data. 

    Subdivision 1.    Definitions.  (a) For purposes of this 
 section, the following terms have the meanings given. 

    (b) "Health care facility" means the office of a dentist or 
 physician, or another medical facility, that is in possession of 
 identifying data. 

    (c) "Identifying data" means dental or skeletal X-rays, or 
 both, and related information, previously created in the course 
 of providing dental or medical care to a child who has now been 
 reported as missing. 

    Subd. 2.    Written declaration.  If a child is reported 
 missing, a law enforcement agency may execute a written 
 declaration, stating that an active investigation seeking the 
 location of the missing child is being conducted, and that the 
 identifying data are necessary for the exclusive purpose of 
 furthering the investigation.  Notwithstanding chapter 13 or 
 section 144.651, subdivision 16, when a written declaration 
 executed under this subdivision, signed by a peace officer, is 
 presented to a health care facility, the facility shall provide 
 access to the missing child's identifying data to the law 
 enforcement agency. 

    HIST: 1991 c 285 s 9 

     299C.60 Citation. 

    Sections 299C.60 to 299C.64 may be cited as the "Minnesota 
 Child Protection Background Check Act." 

    HIST: 1992 c 569 s 18 

     299C.61 Definitions. 

    Subdivision 1.    Terms.  The definitions in this 
 section apply to sections 299C.60 to 299C.64. 

    Subd. 2.    Background check crime.  "Background check 
 crime" includes child abuse crimes, murder, manslaughter, felony 
 level assault or any assault crime committed against a minor, 
 kidnapping, arson, criminal sexual conduct, and 
 prostitution-related crimes. 

    Subd. 3.    Child.  "Child" means an individual under 
 the age of 18. 

    Subd. 4.    Child abuse crime.  "Child abuse crime" 
 means:  

    (1) an act committed against a minor victim that 
 constitutes a violation of section 609.185, clause (5); 609.221; 
 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324; 609.342; 
 609.343; 609.344; 609.345; 609.352; 609.377; or 609.378; or 

    (2) a violation of section 152.021, subdivision 1, clause 
 (4); 152.022, subdivision 1, clause (5) or (6); 152.023, 
 subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause 
 (4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4). 

    Subd. 5.    Children's service provider.  "Children's 
 service provider" means a business or organization, whether 
 public, private, for profit, nonprofit, or voluntary, that 
 provides children's services, including a business or 
 organization that licenses or certifies others to provide 
 children's services.  "Children's service provider" includes an 
 international student exchange visitor placement organization 
 under chapter 5A. 

    Subd. 6.    Children's service worker.  "Children's 
 service worker" means a person who has, may have, or seeks to 
 have access to a child to whom the children's service provider 
 provides children's services, and who: 

    (1) is employed by, volunteers with, or seeks to be 
 employed by or volunteer with a children's service provider; or 

    (2) owns, operates, or seeks to own or operate a children's 
 service provider.  

    Subd. 7.    Children's services.  "Children's services" 
 means the provision of care, treatment, education, training, 
 instruction, or recreation to children. 

    Subd. 8.    CJIS.  "CJIS" means the Minnesota criminal 
 justice information system. 

    Subd. 9.    Superintendent.  "Superintendent" means the 
 superintendent of the bureau of criminal apprehension. 

    HIST: 1992 c 569 s 19; 1993 c 238 s 8; 1994 c 465 art 1 s 36; 
 1995 c 259 art 3 s 5; 1998 c 367 art 2 s 32 

     299C.62 Background check. 

    Subdivision 1.    Generally.  The superintendent shall 
 develop procedures to enable a children's service provider to 
 request a background check to determine whether a children's 
 service worker is the subject of any reported conviction for a 
 background check crime.  The superintendent shall perform the 
 background check by retrieving and reviewing data on background 
 check crimes maintained in the CJIS computers.  The 
 superintendent is authorized to exchange fingerprints with the 
 Federal Bureau of Investigation for purposes of a criminal 
 history check.  The superintendent shall recover the cost of a 
 background check through a fee charged the children's service 
 provider. 

    Subd. 2.    Background check; requirements.  The 
 superintendent may not perform a background check under this 
 section unless the children's service provider submits a written 
 document, signed by the children's service worker on whom the 
 background check is to be performed, containing the following: 

    (1) a question asking whether the children's service worker 
 has ever been convicted of a background check crime and if so, 
 requiring a description of the crime and the particulars of the 
 conviction; 

    (2) a notification to the children's service worker that 
 the children's service provider will request the superintendent 
 to perform a background check under this section; and 

    (3) a notification to the children's service worker of the 
 children's service worker's rights under subdivision 3. 

    Background checks performed under this section may only be 
 requested by and provided to authorized representatives of a 
 children's service provider who have a need to know the 
 information and may be used only for the purposes of sections 
 299C.60 to 299C.64.  Background checks may be performed pursuant 
 to this section not later than one year after the document is 
 submitted under this section.  

    Subd. 3.    Children's service worker rights.  (a) The 
 children's service provider shall notify the children's service 
 worker of the children's service worker's rights under paragraph 
 (b). 

    (b) A children's service worker who is the subject of a 
 background check request has the following rights: 

    (1) the right to be informed that a children's service 
 provider will request a background check on the children's 
 service worker: 

    (i) for purposes of the children's service worker's 
 application to be employed by, volunteer with, or be an owner of 
 a children's service provider or for purposes of continuing as 
 an employee, volunteer, or owner; and 

    (ii) to determine whether the children's service worker has 
 been convicted of any crime specified in section 299C.61, 
 subdivision 2 or 4; 

    (2) the right to be informed by the children's service 
 provider of the superintendent's response to the background 
 check and to obtain from the children's service provider a copy 
 of the background check report; 

    (3) the right to obtain from the superintendent any record 
 that forms the basis for the report; 

    (4) the right to challenge the accuracy and completeness of 
 any information contained in the report or record pursuant to 
 section 13.04, subdivision 4; 

    (5) the right to be informed by the children's service 
 provider if the children's service worker's application to be 
 employed with, volunteer with, or be an owner of a children's 
 service provider, or to continue as an employee, volunteer, or 
 owner, has been denied because of the superintendent's response; 
 and 

    (6) the right not to be required directly or indirectly to 
 pay the cost of the background check. 

    Subd. 4.    Response of bureau.  The superintendent 
 shall respond to a background check request within a reasonable 
 time after receiving the signed, written document described in 
 subdivision 2.  The superintendent shall provide the children's 
 service provider with a copy of the applicant's criminal record 
 or a statement that the applicant is not the subject of a 
 criminal history record at the bureau.  It is the responsibility 
 of the service provider to determine if the applicant qualifies 
 as an employee or volunteer under this section. 

    Subd. 5.    No duty to check.  Sections 299C.60 to 
 299C.64 do not create a duty to perform a background check. 

    Subd. 6.    Admissibility of evidence.  Evidence or 
 proof that a background check of a volunteer was not requested 
 under sections 299C.60 to 299C.64 by a children's service 
 provider is not admissible in evidence in any litigation against 
 a nonprofit or charitable organization. 

    HIST: 1992 c 569 s 20; 1995 c 226 art 4 s 12 

     299C.63 Exception; other laws. 

    The superintendent is not required to respond to a 
 background check request concerning a children's service worker 
 who, as a condition of occupational licensure or employment, is 
 subject to the background study requirements imposed by any 
 statute or rule other than sections 299C.60 to 299C.64.  A 
 background check performed on a licensee, license applicant, or 
 employment applicant under this section does not satisfy the 
 requirements of any statute or rule other than sections 299C.60 
 to 299C.64, that provides for background study of members of an 
 individual's particular occupation.  

    HIST: 1992 c 569 s 21 

     299C.64 Bureau immunity. 

    The bureau of criminal apprehension is immune from any 
 civil or criminal liability that might otherwise arise under 
 sections 299C.60 to 299C.63, based on the accuracy or 
 completeness of any records it receives from the Federal Bureau 
 of Investigation, if the bureau acts in good faith. 

    HIST: 1992 c 569 s 22 

     299C.65 Criminal, juvenile information policy group. 

    Subdivision 1.    Membership, duties.  The criminal and 
 juvenile information policy group consists of the chair of the 
 sentencing guidelines commission, the commissioner of 
 corrections, the commissioner of public safety, and the state 
 court administrator.  

    The policy group shall study and make recommendations to 
 the governor, the supreme court, and the legislature on:  

    (1) a framework for integrated criminal justice information 
 systems, including the development and maintenance of a 
 community data model for state, county, and local criminal 
 justice information; 

    (2) the responsibilities of each entity within the criminal 
 and juvenile justice systems concerning the collection, 
 maintenance, dissemination, and sharing of criminal justice 
 information with one another; 

    (3) actions necessary to ensure that information maintained 
 in the criminal justice information systems is accurate and 
 up-to-date; 

    (4) the development of an information system containing 
 criminal justice information on gross misdemeanor-level and 
 felony-level juvenile offenders that is part of the integrated 
 criminal justice information system framework; 

    (5) the development of an information system containing 
 criminal justice information on misdemeanor arrests, 
 prosecutions, and convictions that is part of the integrated 
 criminal justice information system framework; 

    (6) comprehensive training programs and requirements for 
 all individuals in criminal justice agencies to ensure the 
 quality and accuracy of information in those systems; 

    (7) continuing education requirements for individuals in 
 criminal justice agencies who are responsible for the 
 collection, maintenance, dissemination, and sharing of criminal 
 justice data; 

    (8) a periodic audit process to ensure the quality and 
 accuracy of information contained in the criminal justice 
 information systems; 

    (9) the equipment, training, and funding needs of the state 
 and local agencies that participate in the criminal justice 
 information systems; 

    (10) the impact of integrated criminal justice information 
 systems on individual privacy rights; 

    (11) the impact of proposed legislation on the criminal 
 justice system, including any fiscal impact, need for training, 
 changes in information systems, and changes in processes; 

    (12) the collection of data on race and ethnicity in 
 criminal justice information systems; 

    (13) the development of a tracking system for domestic 
 abuse orders for protection; 

    (14) processes for expungement, correction of inaccurate 
 records, destruction of records, and other matters relating to 
 the privacy interests of individuals; and 

    (15) the development of a database for extended 
 jurisdiction juvenile records and whether the records should be 
 public or private and how long they should be retained.  

    Subd. 2.    Report, task force.  The policy group shall 
 file an annual report with the governor, supreme court, and 
 chairs and ranking minority members of the senate and house 
 committees and divisions with jurisdiction over criminal justice 
 funding and policy by December 1 of each even-numbered year.  

    The report must make recommendations concerning any 
 legislative changes or appropriations that are needed to ensure 
 that the criminal justice information systems operate accurately 
 and efficiently.  To assist them in developing their 
 recommendations, the chair, the commissioners, and the 
 administrator shall appoint a task force consisting of the 
 members of the criminal and juvenile justice information policy 
 group or their designees and the following additional members:  

    (1) the director of the office of strategic and long-range 
 planning; 

    (2) two sheriffs recommended by the Minnesota sheriffs 
 association; 

    (3) two police chiefs recommended by the Minnesota chiefs 
 of police association; 

    (4) two county attorneys recommended by the Minnesota 
 county attorneys association; 

    (5) two city attorneys recommended by the Minnesota league 
 of cities; 

    (6) two public defenders appointed by the board of public 
 defense; 

    (7) two district judges appointed by the conference of 
 chief judges, one of whom is currently assigned to the juvenile 
 court; 

    (8) two community corrections administrators recommended by 
 the Minnesota association of counties, one of whom represents a 
 community corrections act county; 

    (9) two probation officers; 

    (10) four public members, one of whom has been a victim of 
 crime, and two who are representatives of the private business 
 community who have expertise in integrated information systems; 

    (11) two court administrators; 

    (12) one member of the house of representatives appointed 
 by the speaker of the house; 

    (13) one member of the senate appointed by the majority 
 leader; 

    (14) the attorney general or a designee; 

    (15) the commissioner of administration or a designee; 

    (16) an individual recommended by the Minnesota league of 
 cities; and 

    (17) an individual recommended by the Minnesota association 
 of counties. 

 In making these appointments, the appointing authority shall 
 select members with expertise in integrated data systems or best 
 practices.  

    Subd. 3.    Continuing education program.  The criminal 
 and juvenile information policy group shall explore the 
 feasibility of developing and implementing a continuing 
 education program for state, county, and local criminal justice 
 information agencies.  The policy group shall consult with 
 representatives of public and private post-secondary 
 institutions in determining the most effective manner in which 
 the training shall be provided.  The policy group shall include 
 recommendations in the 1994 report to the legislature.  

    Subd. 4.    Criminal Code numbering scheme.  The policy 
 group shall study and make recommendations on a structured 
 numbering scheme for the Criminal Code to facilitate 
 identification of the offense and the elements of the crime and 
 shall include recommendations in the 1994 report to the 
 legislature. 

    Subd. 5.    Review of funding and grant requests.  (a) 
 The criminal and juvenile justice information policy group shall 
 review the funding requests for criminal justice information 
 systems from state, county, and municipal government agencies.  
 The policy group shall review the requests for compatibility to 
 statewide criminal justice information system standards.  The 
 review shall be forwarded to the chairs and ranking minority 
 members of the house and senate committees and divisions with 
 jurisdiction over criminal justice funding and policy. 

    (b) The policy group shall also review funding requests for 
 criminal justice information systems grants to be made by the 
 commissioner of public safety as provided in this section.  
 Within the limits of available appropriations, the commissioner 
 of public safety shall make grants for projects that have been 
 approved by the policy group. 

    (c) If a funding request is for development of a 
 comprehensive criminal justice information integration plan, the 
 policy group shall ensure that the request contains the 
 components specified in subdivision 6.  If a funding request is 
 for implementation of a plan or other criminal justice 
 information systems project, the policy group shall ensure that: 

    (1) the government agency has adopted a comprehensive plan 
 that complies with subdivision 6; 

    (2) the request contains the components specified in 
 subdivision 7; and 

    (3) the request demonstrates that it is consistent with the 
 government agency's comprehensive plan. 

    Subd. 6.    Development of integration plan.  (a) If a 
 funding request is for funds to develop a comprehensive criminal 
 justice information integration plan to integrate all systems 
 within a jurisdiction, the requesting agency must submit to the 
 policy group a request that contains the following components: 

    (1) the vision, mission, goals, objectives, and scope of 
 the integration plan; 

    (2) a statement of need identifying problems, 
 inefficiencies, gaps, overlaps, and barriers within the 
 requesting agency's jurisdiction, including those related to 
 current systems and interfaces, business practices, policies, 
 laws, and rules; 

    (3) a list of agency heads and staff who will direct the 
 effort and a statement demonstrating collaboration among all of 
 the agencies involved; 

    (4) a statement that the integration plan would integrate 
 all systems within the six major business functions of the 
 criminal justice community, including incident reporting, 
 investigation, arrest, detention, adjudication, and disposition, 
 including postsentence supervision and treatment, and related 
 civil, family, and human services proceedings, processes, and 
 services, to the extent it was cost beneficial; 

    (5) a statement demonstrating that the requesting agency 
 has consulted with individuals involved in day-to-day business 
 practices, use, and operation of current criminal justice 
 information systems so as to identify barriers and gaps; 

    (6) a planning methodology that will result in at least the 
 following deliverables: 

    (i) an identification of problems in the state's criminal 
 justice data model, where applicable, including data policy 
 problems and proposed changes; 

    (ii) a function and process model that includes business 
 process improvement and redesign opportunities, prioritized 
 business change objectives, and short-term opportunities for 
 improvement that can be pursued immediately while developing and 
 implementing the long-range integration plan; 

    (iii) a technology model that includes network, 
 communication, and security standards and guidelines; 

    (iv) an application architecture; 

    (v) a complete gap analysis that includes identification of 
 gaps, omissions, and redundancies in the collection and 
 dissemination of criminal justice information in the requesting 
 agency's jurisdiction; 

    (vi) an assessment of current and alternative directions 
 for business practices, applications, and technology, ranging 
 from simple modifications to complete redesign; 

    (vii) a business process redesign model, showing existing 
 and redesigned process and process vision, future performance 
 targets, design principles, new process flow, and benefits; and 

    (viii) a long-range integration plan that includes time 
 frames for the retirement, renewal, or redevelopment of systems 
 and applications identified in clauses (i) to (vii) along with 
 justification based on age, business processes not supported, 
 and data deficiencies; 

    (7) projected timelines for developing and executing the 
 plan; 

    (8) an estimate of the resources needed to develop, 
 execute, operate, and maintain the integration plan; 

    (9) a statement that the final integration plan will 
 contain all the components in this subdivision in final form; 

    (10) an identification of how the applicant will satisfy 
 the match requirements of subdivision 8; and 

    (11) any other matters the policy group deems necessary for 
 successful development or implementation of the integration plan 
 and resulting systems. 

    (b) An agency may submit an interim integration plan to the 
 policy group if it identifies high priority integration tasks 
 during the development of the integration plan.  The interim 
 plan shall identify the tasks and the business case for 
 completing these tasks in advance of completing the entire plan. 

    Subd. 7.    Implementation of integration plan.  If the 
 request is for funds to implement an integration plan, the 
 requesting agency must submit the following to the policy group: 

    (1) an integration plan containing the components described 
 in subdivision 6; 

    (2) a description of how implementation of the integration 
 plan will improve operation of the criminal justice system in 
 the requesting agency's jurisdiction; 

    (3) an identification of how the applicant will satisfy the 
 match requirement in subdivision 8; and 

    (4) a means for evaluating outcomes of the plan's 
 implementation. 

    Subd. 8.    Local match.  The policy group may approve 
 grants only if the applicant provides matching funds to pay 
 one-half of the costs of developing or implementing the 
 integration plan.  The policy group shall adopt policies 
 concerning the use of in-kind resources to satisfy a portion of 
 the match requirement and the sources from which matching funds 
 may be obtained. 

    Subd. 9.    Documentation and reporting requirements.  
 Every recipient of matching funds to develop or implement an 
 integration plan shall submit to the policy group all requested 
 documentation, including final plans and a report evaluating 
 whether and how the development or implementation of the 
 integration plan improved the operation of the criminal justice 
 system in the requesting agency's jurisdiction.  The policy 
 group shall establish the recipient's reporting dates at the 
 time funds are awarded.  

    HIST: 1993 c 266 s 33; 1994 c 576 s 41; 1997 c 239 art 8 s 17; 1999 
 c 216 art 2 s 14-19 

     299C.66 Citation. 

    Sections 299C.66 to 299C.71 may be cited as the "Kari 
 Koskinen Manager Background Check Act." 

    HIST: 1995 c 226 art 4 s 13 

     299C.67 Definitions. 

    Subdivision 1.    Terms.  The definitions in this 
 section apply to sections 299C.66 to 299C.71. 

    Subd. 2.    Background check crime.  "Background check 
 crime" means: 

    (a)(1) a felony violation of section 609.185 (first degree 
 murder); 609.19 (second degree murder); 609.20 (first degree 
 manslaughter); 609.221 (first degree assault); 609.222 (second 
 degree assault); 609.223 (third degree assault); 609.25 
 (kidnapping); 609.342 (first degree criminal sexual conduct); 
 609.343 (second degree criminal sexual conduct); 609.344 (third 
 degree criminal sexual conduct); 609.345 (fourth degree criminal 
 sexual conduct); 609.561 (first degree arson); or 609.749 
 (harassment and stalking); 

    (2) an attempt to commit a crime in clause (1); or 

    (3) a conviction for a crime in another jurisdiction that 
 would be a violation under clause (1) or an attempt under clause 
 (1) in this state; or 

    (b)(1) a felony violation of section 609.195 (third degree 
 murder); 609.205 (second degree manslaughter); 609.21 (criminal 
 vehicular homicide and injury); 609.2231 (fourth degree 
 assault); 609.224 (fifth degree assault); 609.24 (simple 
 robbery); 609.245 (aggravated robbery); 609.255 (false 
 imprisonment); 609.52 (theft); 609.582, subdivision 1 or 2 
 (burglary); 609.713 (terroristic threats); or a nonfelony 
 violation of section 609.749 (harassment and stalking); 

    (2) an attempt to commit a crime in clause (1); or 

    (3) a conviction for a crime in another jurisdiction that 
 would be a violation under clause (1) or an attempt under clause 
 (1) in this state. 

    Subd. 3.    CJIS.  "CJIS" means the Minnesota criminal 
 justice information system. 

    Subd. 4.    Manager.  "Manager" means an individual who 
 is hired or is applying to be hired by an owner and who has or 
 would have the means, within the scope of the individual's 
 duties, to enter tenants' dwelling units.  "Manager" does not 
 include a person who is hired on a casual basis and not in the 
 ongoing course of the business of the owner. 

    Subd. 5.    Owner.  "Owner" has the meaning given to 
 "landlord" in section 504B.001, subdivision 7.  However, "owner" 
 does not include a person who owns, operates, or is in control 
 of a health care facility or a home health agency licensed by 
 the commissioner of health or human services under chapter 144, 
 144A, 144B, or 245A, or a board and lodging establishment with 
 special services registered under section 157.17.  

    Subd. 6.    Superintendent.  "Superintendent" means the 
 superintendent of the bureau of criminal apprehension. 

    Subd. 7.    Tenant.  "Tenant" has the meaning given to 
 "residential tenant" in section 504B.001, subdivision 12. 

    HIST: 1995 c 226 art 4 s 14; 1996 c 408 art 10 s 7; 1999 c 199 
 art 2 s 7,8 

     299C.68 Background check on manager. 

    Subdivision 1.    When required.  Before hiring a 
 manager, an owner shall request the superintendent to conduct a 
 background check under this section.  An owner may employ a 
 manager after requesting a background check under this section 
 before receipt of the background check report, provided that the 
 owner complies with section 299C.69.  An owner may request a 
 background check for a currently employed manager under this 
 section.  By July 1, 1996, an owner shall request the 
 superintendent to conduct a background check under this section 
 for managers hired before July 1, 1995, who are currently 
 employed. 

    Subd. 2.    Procedures.  The superintendent shall 
 develop procedures to enable an owner to request a background 
 check to determine whether a manager is the subject of a 
 reported conviction for a background check crime.  The 
 superintendent shall perform the background check by retrieving 
 and reviewing data on background check crimes maintained in the 
 CJIS computers.  The superintendent shall notify the owner in 
 writing of the results of the background check.  If the manager 
 has resided in Minnesota for less than five years or upon 
 request of the owner, the superintendent shall also either:  (1) 
 conduct a search of the national criminal records repository, 
 including the criminal justice data communications network; or 
 (2) conduct a search of the criminal justice data communications 
 network records in the state or states where the manager has 
 resided for the preceding five years.  The superintendent is 
 authorized to exchange fingerprints with the Federal Bureau of 
 Investigation for purposes of the criminal history check.  The 
 superintendent shall recover the cost of a background check 
 through a fee charged to the owner. 

    Subd. 3.    Form.  The superintendent shall develop a 
 standardized form to be used for requesting a background check, 
 which must include: 

    (1) a notification to the manager that the owner will 
 request the superintendent to perform a background check under 
 this section; 

    (2) a notification to the manager of the manager's rights 
 under subdivision 4; and 

    (3) a signed consent by the manager to conduct the 
 background check. 

    If the manager has resided in Minnesota for less than five 
 years, or if the owner is requesting a search of the national 
 criminal records repository, the form must be accompanied by the 
 fingerprints of the manager on whom the background check is to 
 be performed. 

    Subd. 4.    Manager's rights.  (a) The owner shall 
 notify the manager of the manager's rights under paragraph (b). 

    (b) A manager who is the subject of a background check 
 request has the following rights: 

    (1) the right to be informed that the owner will request a 
 background check on the manager to determine whether the manager 
 has been convicted of a crime specified in section 299C.67, 
 subdivision 2; 

    (2) the right to be informed by the owner of the 
 superintendent's response to the background check and to obtain 
 from the owner a copy of the background check report; 

    (3) the right to obtain from the superintendent any record 
 that forms the basis for the report; 

    (4) the right to challenge the accuracy and completeness of 
 information contained in the report or record under section 
 13.04, subdivision 4; and 

    (5) the right to be informed by the owner if the manager's 
 application to be employed by the owner or to continue as an 
 employee has been denied because of the result of the background 
 check. 

    Subd. 5.    Response of bureau.  The superintendent 
 shall respond in writing to a background check request within a 
 reasonable time not to exceed ten working days after receiving 
 the signed form under subdivision 3.  If a search is being done 
 of the national criminal records repository and that portion of 
 the background check is not completed, the superintendent shall 
 notify the owner that the background check is not complete and 
 shall provide that portion of the background check to the owner 
 as soon as it is available.  The superintendent's response must 
 clearly indicate whether the manager has ever been convicted of 
 a background check crime and, if so, a description of the crime, 
 date and jurisdiction of conviction, and date of discharge of 
 the sentence. 

    Subd. 6.    Equivalent background check.  (a) An owner 
 may satisfy the requirements of this section:  (1) by obtaining 
 a copy of a completed background check that was required to be 
 performed by the department of human services as provided for 
 under sections 144.057 and 245A.04, and then placing the copy on 
 file with the owner; (2) in the case of a background check 
 performed on a manager for one residential setting when multiple 
 residential settings are operated by one owner, by placing the 
 results in a central location; or (3) by obtaining a background 
 check from a private business or a local law enforcement agency 
 rather than the superintendent if the scope of the background 
 check provided by the private business or local law enforcement 
 agency is at least as broad as that of a background check 
 performed by the superintendent and the response to the 
 background check request occurs within a reasonable time not to 
 exceed ten working days after receiving the signed form 
 described in subdivision 3.  Local law enforcement agencies may 
 access the criminal justice data network to perform the 
 background check. 

    (b) A private business or local law enforcement agency 
 providing a background check under this section must use a 
 notification form similar to the form described in subdivision 
 3, except that the notification form must indicate that the 
 background check will be performed by the private business or 
 local law enforcement agency using records of the superintendent 
 and other data sources. 

    HIST: 1995 c 226 art 4 s 15; 1996 c 408 art 10 s 8-10 

     299C.69 Owner duties if manager convicted of crime. 

    (a) If the superintendent's response indicates that the 
 manager has been convicted of a background check crime defined 
 in section 299C.67, subdivision 2, paragraph (a), the owner may 
 not hire the manager or, if the manager was hired pending 
 completion of the background check, shall terminate the 
 manager's employment.  Except as provided in paragraph (c), if 
 an owner otherwise knows that a manager has been convicted of a 
 background check crime defined in section 299C.67, subdivision 
 2, paragraph (a), the owner shall terminate the manager's 
 employment. 

    (b) If the superintendent's response indicates that the 
 manager has been convicted of a background check crime defined 
 in section 299C.67, subdivision 2, paragraph (b), the owner may 
 not hire the manager unless more than ten years have elapsed 
 since the date of discharge of the sentence.  If the manager was 
 hired pending completion of the background check, the owner 
 shall terminate the manager's employment unless more than ten 
 years have elapsed since the date of discharge of the sentence.  
 Except as provided in paragraph (c), if an owner otherwise knows 
 that a manager has been convicted of a background check crime 
 defined in section 299C.67, subdivision 2, paragraph (b), the 
 owner shall terminate the manager's employment unless more than 
 ten years have elapsed since the date of discharge of the 
 sentence. 

    (c) If an owner knows that a manager hired before July 1, 
 1995, was convicted of a background check crime for an offense 
 committed before July 1, 1995, the owner may continue to employ 
 the manager.  However, the owner shall notify all tenants and 
 prospective tenants whose dwelling units would be accessible to 
 the manager of the crime for which the manager has been 
 convicted and of the right of a current tenant to terminate the 
 tenancy under this paragraph, if the manager was convicted of a 
 background check crime defined in: 

    (1) section 299C.67, subdivision 2, paragraph (a); or 

    (2) section 299C.67, subdivision 2, paragraph (b), unless 
 more than ten years have elapsed since the sentence was 
 discharged. 

    Notwithstanding a lease provision to the contrary, a 
 current tenant who receives a notice under this paragraph may 
 terminate the tenancy within 60 days of receipt of the notice by 
 giving the owner at least 14 days' advance notice of the 
 termination date. 

    (d) The owner shall notify the manager of any action taken 
 under this subdivision. 

    (e) If an owner is required to terminate a manager's 
 employment under paragraph (a) or (b), or terminates a manager's 
 employment in lieu of notifying tenants under paragraph (c), the 
 owner is not liable under any law, contract, or agreement, 
 including liability for unemployment compensation claims, for 
 terminating the manager's employment in accordance with this 
 section.  Notwithstanding a lease or agreement governing 
 termination of the tenancy, if the manager whose employment is 
 terminated is also a tenant, the owner may terminate the tenancy 
 immediately upon giving notice to the manager.  An eviction 
 action to enforce the termination of the tenancy must be treated 
 as a priority writ under sections 504B.321; 504B.335; 504B.345, 
 subdivision 1; 504B.361, subdivision 2; and 504B.365, 
 subdivision 2. 

    HIST: 1995 c 226 art 4 s 16; 1999 c 199 art 2 s 9 

     299C.70 Penalty. 

    An owner who knowingly fails to comply with the 
 requirements of section 299C.68 or 299C.69 is guilty of a petty 
 misdemeanor. 

    HIST: 1995 c 226 art 4 s 17 

     299C.71 Bureau immunity. 

    The bureau of criminal apprehension is immune from any 
 civil or criminal liability that might otherwise arise under 
 section 299C.68, based on the accuracy or completeness of 
 records it receives from the Federal Bureau of Investigation, if 
 the bureau acts in good faith. 

    HIST: 1995 c 226 art 4 s 18