2004 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 Repealed, 1984 c 649 s 6 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.  To the extent possible, the 
 superintendent must utilize a nationally recognized system or 
 standard approved by the Federal Bureau of Investigation to 
 collect and preserve crime data. 

    HIST: (9950-7) 1927 c 224 s 3; 1935 c 197 s 2; 1939 c 441 s 41; 
 1Sp2003 c 2 art 4 s 5 

     299C.06 Division powers and duties; cooperation. 

    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.  Unless otherwise required or permitted by the 
 superintendent of the Bureau of Criminal Apprehension, an agency 
 or person furnishing information under this section must utilize 
 a nationally recognized system or standard approved by the 
 Federal Bureau of Investigation for reporting statistics and 
 information.  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; 1Sp2003 
 c 2 art 4 s 6 

     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 

SPECIAL FUNDS

     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) 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. 

    (b) 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 

DISPOSAL OF STOLEN PROPERTY

     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 

OATH

     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 

IDENTIFICATION AND INVESTIGATION DATA SYSTEMS

     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, 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; 2002 c 233 s 2 

     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.093 Database of registered predatory offenders. 

    The superintendent of the bureau of criminal apprehension 
 shall maintain a computerized data system relating to 
 individuals required to register as predatory offenders under 
 section 243.166.  To the degree feasible, the system must 
 include the information required to be provided under section 
 243.166, subdivisions 4 and 4a, and indicate the time period 
 that the person is required to register.  The superintendent 
 shall maintain this information in a manner that ensures that it 
 is readily available to law enforcement agencies.  This 
 information is private data on individuals under section 13.02, 
 subdivision 12, but may be used for law enforcement and 
 corrections purposes. 

    HIST: 2000 c 311 art 2 s 14 

     299C.095 System for identifying juvenile offenders. 

    Subdivision 1.    Access to data on juveniles.  (a) The 
 bureau shall administer and maintain the computerized juvenile 
 history record system based on sections 260B.171 and 260C.171 
 and other statutes requiring the reporting of data on 
 juveniles.  The data in the system are private data as defined 
 in section 13.02, subdivision 12, but are accessible to criminal 
 justice agencies as defined in section 13.02, subdivision 3a, to 
 all trial courts and appellate courts, to a person who has 
 access to the juvenile court records as provided in sections 
 260B.171 and 260C.171 or under court rule, to public defenders 
 as provided in section 611.272, and to criminal justice agencies 
 in other states in the conduct of their official duties. 

    (b) Except for access authorized under paragraph (a), the 
 bureau shall only disseminate a juvenile adjudication history 
 record in connection with a background check required by statute 
 or rule and performed on a licensee, license applicant, or 
 employment applicant or performed under section 299C.62 or 
 624.713.  If the background check is performed under section 
 299C.62, juvenile adjudication history disseminated under this 
 paragraph is limited to offenses that would constitute a 
 background check crime as defined in section 299C.61, 
 subdivision 2.  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; 2000 c 377 s 
 1; 2001 c 202 s 13 

     299C.10 Identification data required. 

    Subdivision 1.    Required fingerprinting.  (a) 
 Sheriffs, peace officers, and community corrections agencies 
 operating secure juvenile detention facilities shall take or 
 cause to be taken immediately finger and thumb prints, 
 photographs, distinctive physical mark identification data, 
 information on any known aliases or street names, and other 
 identification data requested or required by the superintendent 
 of the bureau, of the following: 

    (1) persons arrested for, appearing in court on a charge 
 of, or convicted of a felony, gross misdemeanor, or targeted 
 misdemeanor; 

    (2) juveniles arrested for, appearing in court on a charge 
 of, adjudicated delinquent for, or alleged to have committed 
 felonies or gross misdemeanors 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. 

    (b) Unless the superintendent of the bureau requires a 
 shorter period, within 24 hours the fingerprint records and 
 other identification data specified under paragraph (a) must be 
 forwarded to the bureau on such forms and in such manner as may 
 be prescribed by the superintendent. 

    (c) Prosecutors, courts, and probation officers shall 
 attempt to ensure that the required identification data is taken 
 on a person described in paragraph (a). 

    (d) For purposes of this section, a targeted misdemeanor is 
 a misdemeanor violation of section 169A.20 (driving while 
 impaired), 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 annually appropriated to the 
 commissioner to maintain and improve the quality of the criminal 
 record system in Minnesota.  The superintendent shall collect an 
 additional handling fee of $7 for FBI background fingerprint 
 checks. 

    Subd. 5.    Fee for taking fingerprints; account, 
 appropriation.  The superintendent may charge a fee of $10 to 
 take fingerprints for the public when required by an employer or 
 government entity for either employment or licensing.  No fee 
 will be charged when there is a question whether the person is 
 the subject of a criminal history record.  The proceeds of the 
 fee must be deposited in an account in the special revenue 
 fund.  Money in the account is annually 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; 2000 c 478 art 
 2 s 7; 1Sp2001 c 8 art 6 s 1; 1Sp2003 c 2 art 4 s 7,8 

     299C.11 Identification data furnished to bureau. 

    (a) Each sheriff and chief of police shall furnish the 
 bureau, upon such form as the superintendent shall prescribe, 
 with such finger and thumb prints, photographs, distinctive 
 physical mark identification data, information on known aliases 
 and street names, and other identification data as may be 
 requested or required by the superintendent of the bureau, which 
 must be taken under the provisions of section 299C.10.  In 
 addition, sheriffs and chiefs of police shall furnish this 
 identification data to the bureau for individuals found to have 
 been convicted of a felony, gross misdemeanor, or targeted 
 misdemeanor, within the ten years immediately 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, 
 information on known aliases and street names, 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, information on known aliases and street 
 names, 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: 

    (1) "determination of all pending criminal actions or 
 proceedings in favor of the arrested person" does not include: 

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

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

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

    (iv) a pardon granted under section 638.02; and 

    (2) "targeted misdemeanor" has the meaning given in section 
 299C.10, subdivision 1. 

    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; 1Sp2001 c 8 art 6 s 2 

     299C.111 Suspense file reporting. 

    (a) By June 1 and December 1 of each year, the 
 superintendent shall: 

    (1) provide an entity or individual having responsibility 
 regarding identification data under section 299C.10 and the 
 Criminal and Juvenile Justice Information Policy Group with 
 summary data on the number of disposition records pertaining to 
 the entity or individual that have not been linked to an arrest 
 record; and 

    (2) provide the Criminal and Juvenile Justice Information 
 Policy Group with the number of identification records not 
 entered on the automated fingerprint identification system and 
 the criminal history files. 

    (b) The superintendent shall immediately notify the 
 appropriate entity or individual when a disposition record is 
 received that cannot be linked to an arrest record. 

    HIST: 1Sp2001 c 8 art 6 s 3 

     299C.115 Warrant information provided to state. 

    (a) 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. 

    (b) 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 juvenile or 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; 2001 c 202 s 14 

     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 Renumbered 241.065 

     299C.15 Cooperation; 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 

INFORMATION GATHERING AND DISSEMINATION

     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 

OTHER PROVISIONS

     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.215 Report of 30-day storage of motor vehicle.  

    Every operator of a structure or place where motor vehicles 
 are stored shall report in writing to the Bureau of Criminal 
 Apprehension the fact that any motor vehicle has been 
 continuously stored in such structure or place more than 30 days 
 without having been removed therefrom when the owner thereof is 
 not personally known to such operator and no contract exists 
 between such operator and owner for such term storage.  Such 
 report shall be in form prescribed by such bureau, furnishing 
 identification of such vehicle.  

    Any person violating this section shall be guilty of a 
 misdemeanor.  

    HIST: 1957 c 872 s 1 

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

    Subdivision 1.    Definitions.  (a) 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:

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

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

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

    (4) protection of individuals from bodily harm; or 

    (5) 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.  

    (b) 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 

RADIO BROADCASTING

     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.  A 
 person who is designated in writing by the chief law enforcement 
 officer of a political subdivision issued a permit under 
 subdivision 3 may use and possess radio equipment while in the 
 course and scope of duties or employment without also having to 
 obtain an individual permit. 

    (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, political 
 subdivision, 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; 
 2003 c 121 s 1,2 

     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 

DATA COMMUNICATIONS NETWORK

  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 99-169; 

    (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; 

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

    (6) the public defender, as provided in section 611.272; 
 and 

    (7) a county attorney or the attorney general, as the 
 county attorney's designee, for the purpose of determining 
 whether a petition for the civil commitment of a proposed 
 patient as a sexual psychopathic personality or as a sexually 
 dangerous person should be filed, and during the pendency of the 
 commitment proceedings. 

    (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; 2000 c 377 s 4; 2001 c 167 s 1 

  299C.47 Repealed, 1976 c 149 s 63 

     299C.48 Connection by authorized agency; fee, 
  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) In addition to any fee otherwise authorized, the 
 commissioner of public safety shall impose a fee for providing 
 secure dial-up or Internet access for criminal justice agencies 
 and noncriminal justice agencies.  The following monthly fees 
 apply: 

    (1) criminal justice agency accessing via Internet, $15; 

    (2) criminal justice agency accessing via dial-up, $35; 

    (3) noncriminal justice agency accessing via Internet, $35; 
 and 

    (4) noncriminal justice agency accessing via dial-up, $35. 

    (c) The installation and monthly operational charges 
 collected by the commissioner of public safety under paragraphs 
 (a) and (b) 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; 1Sp2003 c 2 art 
 4 s 9 

     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 90-351, as 
 amended by the Juvenile Justice and Delinquency Prevention Act 
 of 1974, Public Law 93-415, and the Crime Control Act of 1976, 
 Public Law 94-503. 

    HIST: 1977 c 424 s 4 

MISSING CHILDREN

     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. 

    (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 

NATIONAL CRIME PREVENTION

AND PRIVACY COMPACT

     299C.57 Citation. 

    Sections 299C.58 and 299C.582 may be cited as the National 
 Crime Prevention and Privacy Compact. 

    HIST: 2002 c 269 s 1 

     299C.58 Compact. 

    The National Crime Prevention and Privacy Compact is hereby 
 ratified, enacted into law, and entered into by this state with 
 any other states legally joining therein in the form 
 substantially as follows: 

                            ARTICLE I 
                           DEFINITIONS 

    In this compact: 

    (1)    Attorney general.  The term "attorney general" 
 means: the attorney general of the United States. 

    (2)    Compact officer.  The term "compact officer" 
 means 

    (A) with respect to the federal government, an official so 
 designated by the director of the FBI; and 

    (B) with respect to a party state, the chief administrator 
 of the state's criminal history record repository or a designee 
 of the chief administrator who is a regular full-time employee 
 of the repository. 

    (3)    Council.  The term "council" means the Compact 
 Council established under article VI. 

    (4)    Criminal history records.  The term "criminal 
 history records" 

    (A) means information collected by criminal justice 
 agencies on individuals consisting of identifiable descriptions 
 and notations of arrests, detentions, indictments, or other 
 formal criminal charges, and any disposition arising therefrom, 
 including acquittal, sentencing, correctional supervision, or 
 release; and 

    (B) does not include identification information such as 
 fingerprint records if such information does not indicate 
 involvement of the individual with the criminal justice system. 

    (5)    Criminal history record repository.  The term 
 "criminal history record repository" means the state agency 
 designated by the governor or other appropriate executive 
 official or the legislature of a state to perform centralized 
 record-keeping functions for criminal history records and 
 services in the state. 

    (6)    Criminal justice.  The term "criminal justice" 
 includes activities relating to the detection, apprehension, 
 detention, pretrial release, posttrial release, prosecution, 
 adjudication, correctional supervision, or rehabilitation of 
 accused persons or criminal offenders.  The administration of 
 criminal justice includes criminal identification activities and 
 the collection, storage, and dissemination of criminal history 
 records. 

    (7)    Criminal justice agency.  The term "criminal 
 justice agency" 

    (A) means: 

    (i) courts; and 

    (ii) a governmental agency or any subunit thereof that: 

    (I) performs the administration of criminal justice 
 pursuant to a statute or executive order; and 

    (II) allocates a substantial part of its annual budget to 
 the administration of criminal justice; and 

    (B) includes federal and state inspectors general offices. 

    (8)    Criminal justice services.  The term "criminal 
 justice services" means services provided by the FBI to criminal 
 justice agencies in response to a request for information about 
 a particular individual or as an update to information 
 previously provided for criminal justice purposes. 

    (9)    Criterion offense.  The term "criterion offense" 
 means any felony or misdemeanor offense not included on the list 
 of nonserious offenses published periodically by the FBI. 

    (10)    Direct access.  The term "direct access" means 
 access to the National Identification Index by computer terminal 
 or other automated means not requiring the assistance of or 
 intervention by any other party or agency. 

    (11)    Executive order.  The term "executive order" 
 means an order of the president of the United States or the 
 chief executive officer of a state that has the force of law and 
 that is promulgated in accordance with applicable law. 

    (12)    FBI.  The term "FBI" means the Federal Bureau of 
 Investigation. 

    (13)    Interstate Identification Index System.  The 
 term "Interstate Identification Index System" or "III System" 

    (A) means the cooperative federal-state system for the 
 exchange of criminal history records; and 

    (B) includes the National Identification Index, the 
 National Fingerprint File, and, to the extent of their 
 participation in such system, the criminal history record 
 repositories of the states and the FBI. 

    (14)    National Fingerprint File.  The term "National 
 Fingerprint File" means a database of fingerprints, or other 
 uniquely personal identifying information, relating to an 
 arrested or charged individual maintained by the FBI to provide 
 positive identification of record subjects indexed in the III 
 System. 

    (15)    National Identification Index.  The term 
 "National Identification Index" means an index maintained by the 
 FBI consisting of names, identifying numbers, and other 
 descriptive information relating to record subjects about whom 
 there are criminal history records in the III System. 

    (16)    National indexes.  The term "national indexes" 
 means the National Identification Index and the National 
 Fingerprint File. 

    (17)    Nonparty state.  The term "nonparty state" means 
 a state that has not ratified this compact. 

    (18)    Noncriminal justice purposes.  The term 
 "noncriminal justice purposes" means uses of criminal history 
 records for purposes authorized by federal or state law other 
 than purposes relating to criminal justice activities, including 
 employment suitability, licensing determinations, immigration 
 and naturalization matters, and national security clearances. 

    (19)    Party state.  The term "party state" means a 
 state that has ratified this compact. 

    (20)    Positive identification.  The term "positive 
 identification" means a determination, based upon a comparison 
 of fingerprints or other equally reliable biometric 
 identification techniques, that the subject of a record search 
 is the same person as the subject of a criminal history record 
 or records indexed in the III System.  Identifications based 
 solely upon a comparison of subjects' names or other nonunique 
 identification characteristics or numbers, or combinations 
 thereof, shall not constitute positive identification. 

    (21)    Sealed record information.  The term "sealed 
 record information" means: 

    (A) with respect to adults, that portion of a record that 
 is: 

    (i) not available for criminal justice uses; 

    (ii) not supported by fingerprints or other accepted means 
 of positive identification; or 

    (iii) subject to restrictions on dissemination for 
 noncriminal justice purposes pursuant to a court order related 
 to a particular subject or pursuant to a federal or state 
 statute that requires action on a sealing petition filed by a 
 particular record subject; and 

    (B) with respect to juveniles, whatever each state 
 determines is a sealed record under its own law and procedure. 

    (22)    State.  The term "state" means any state, 
 territory, or possession of the United States, the District of 
 Columbia, and the Commonwealth of Puerto Rico. 

                            ARTICLE II 
                             PURPOSES 

    The purposes of this compact are to: 

    (1) provide a legal framework for the establishment of a 
 cooperative federal-state system for the interstate and 
 federal-state exchange of criminal history records for 
 noncriminal justice uses; 

    (2) require the FBI to permit use of the National 
 Identification Index and the National Fingerprint File by each 
 party state, and to provide, in a timely fashion, federal and 
 state criminal history records to requesting states, in 
 accordance with the terms of this compact and with rules, 
 procedures, and standards established by the council under 
 article VI; 

    (3) require party states to provide information and records 
 for the National Identification Index and the National 
 Fingerprint File and to provide criminal history records, in a 
 timely fashion, to criminal history record repositories of other 
 states and the federal government for noncriminal justice 
 purposes, in accordance with the terms of this compact and with 
 rules, procedures, and standards established by the council 
 under article VI; 

    (4) provide for the establishment of a council to monitor 
 III System operations and to prescribe system rules and 
 procedures for the effective and proper operation of the III 
 System for noncriminal justice purposes; and 

    (5) require the FBI and each party state to adhere to III 
 System standards concerning record dissemination and use, 
 response times, system security, data quality, and other duly 
 established standards, including those that enhance the accuracy 
 and privacy of such records. 

                           ARTICLE III 
               RESPONSIBILITIES OF COMPACT PARTIES 

    (a)    FBI responsibilities.  The director of the FBI 
 shall: 

    (1) appoint an FBI compact officer who shall: 

    (A) administer this compact within the Department of 
 Justice and among federal agencies and other agencies and 
 organizations that submit search requests to the FBI pursuant to 
 article V(c); 

    (B) ensure that compact provisions and rules, procedures, 
 and standards prescribed by the council under article VI are 
 complied with by the Department of Justice and the federal 
 agencies and other agencies and organizations referred to in 
 article III(1)(A); and 

    (C) regulate the use of records received by means of the 
 III System from party states when such records are supplied by 
 the FBI directly to other federal agencies; 

    (2) provide to federal agencies and to state criminal 
 history record repositories, criminal history records maintained 
 in its database for the noncriminal justice purposes described 
 in article IV, including: 

    (A) information from nonparty states; and 

    (B) information from party states that is available from 
 the FBI through the III System, but is not available from the 
 party state through the III System; 

    (3) provide a telecommunications network and maintain 
 centralized facilities for the exchange of criminal history 
 records for both criminal justice purposes and the noncriminal 
 justice purposes described in article IV, and ensure that the 
 exchange of such records for criminal justice purposes has 
 priority over exchange for noncriminal justice purposes; and 

    (4) modify or enter into user agreements with nonparty 
 state criminal history record repositories to require them to 
 establish record request procedures conforming to those 
 prescribed in article V. 

    (b)    State responsibilities.  Each party state shall: 

    (1) appoint a compact officer who shall: 

    (A) administer this compact within that state; 

    (B) ensure that compact provisions and rules, procedures, 
 and standards established by the council under article VI are 
 complied with in the state; and 

    (C) regulate the in-state use of records received by means 
 of the III System from the FBI or from other party states; 

    (2) establish and maintain a criminal history record 
 repository, which shall provide: 

    (A) information and records for the National Identification 
 Index and the National Fingerprint File; and 

    (B) the state's III System-indexed criminal history records 
 for noncriminal justice purposes described in article IV; 

    (3) participate in the National Fingerprint File; and 

    (4) provide and maintain telecommunications links and 
 related equipment necessary to support the services set forth in 
 this compact. 

    (c)    Compliance with III System standards.  In 
 carrying out their responsibilities under this compact, the FBI 
 and each party state shall comply with III System rules, 
 procedures, and standards duly established by the council 
 concerning record dissemination and use, response times, data 
 quality, system security, accuracy, privacy protection, and 
 other aspects of III System operation. 

    (d)    Maintenance of record services.  

    (1) Use of the III System for noncriminal justice purposes 
 authorized in this compact shall be managed so as not to 
 diminish the level of services provided in support of criminal 
 justice purposes. 

    (2) Administration of compact provisions shall not reduce 
 the level of service available to authorized noncriminal justice 
 users on the effective date of this compact. 

                            ARTICLE IV 
                  AUTHORIZED RECORD DISCLOSURES 

    (a)    State criminal history record repositories.  To 
 the extent authorized by United States Code, title 5, section 
 552a, commonly known as the "Privacy Act of 1974," the FBI shall 
 provide on request criminal history records (excluding sealed 
 records) to state criminal history record repositories for 
 noncriminal justice purposes allowed by federal statute, federal 
 executive order, or a state statute that has been approved by 
 the attorney general and that authorizes national indexes checks.

    (b)    Criminal justice agencies and other governmental or 
 nongovernmental agencies.  The FBI, to the extent authorized 
 by United States Code, title 5, section 552a, commonly known as 
 the "Privacy Act of 1974," and state criminal history record 
 repositories shall provide criminal history records (excluding 
 sealed records) to criminal justice agencies and other 
 governmental or nongovernmental agencies for noncriminal justice 
 purposes allowed by federal statute, federal executive order, or 
 a state statute that has been approved by the attorney general, 
 that authorizes national indexes checks. 

    (c)    Procedures.  Any record obtained under this 
 compact may be used only for the official purposes for which the 
 record was requested.  Each compact officer shall establish 
 procedures, consistent with this compact, and with rules, 
 procedures, and standards established by the council under 
 article VI, which procedures shall protect the accuracy and 
 privacy of the records, and shall: 

    (1) ensure that records obtained under this compact are 
 used only by authorized officials for authorized purposes; 

    (2) require that subsequent record checks are requested to 
 obtain current information whenever a new need arises; and 

    (3) ensure that record entries that may not legally be used 
 for a particular noncriminal justice purpose are deleted from 
 the response and, if no information authorized for release 
 remains, an appropriate "no record" response is communicated to 
 the requesting official. 

                            ARTICLE V 
                    RECORD REQUEST PROCEDURES 

    (a)    Positive identification.  Subject fingerprints or 
 other approved forms of positive identification shall be 
 submitted with all requests for criminal history record checks 
 for noncriminal justice purposes. 

    (b)    Submission of state requests.  Each request for a 
 criminal history record check utilizing the national indexes 
 made under any approved state statute shall be submitted through 
 that state's criminal history record repository.  A state 
 criminal history record repository shall process an interstate 
 request for noncriminal justice purposes through the national 
 indexes only if such request is transmitted through another 
 state criminal history record repository or the FBI. 

    (c)    Submission of federal requests.  Each request for 
 criminal history record checks utilizing the national indexes 
 made under federal authority shall be submitted through the FBI 
 or, if the state criminal history record repository consents to 
 process fingerprint submissions, through the criminal history 
 record repository in the state in which such request 
 originated.  Direct access to the National Identification Index 
 by entities other than the FBI and state criminal history 
 records repositories shall not be permitted for noncriminal 
 justice purposes. 

    (d)    Fees.  A state criminal history record repository 
 or the FBI: 

    (1) may charge a fee, in accordance with applicable law, 
 for handling a request involving fingerprint processing for 
 noncriminal justice purposes; and 

    (2) may not charge a fee for providing criminal history 
 records in response to an electronic request for a record that 
 does not involve a request to process fingerprints. 

    (e)    Additional search.  

    (1) If a state criminal history record repository cannot 
 positively identify the subject of a record request made for 
 noncriminal justice purposes, the request, together with 
 fingerprints or other approved identifying information, shall be 
 forwarded to the FBI for a search of the national indexes. 

    (2) If, with respect to a request forwarded by a state 
 criminal history record repository under paragraph (1), the FBI 
 positively identifies the subject as having a III System-indexed 
 record or records: 

    (A) the FBI shall so advise the state criminal history 
 record repository; and 

    (B) the state criminal history record repository shall be 
 entitled to obtain the additional criminal history record 
 information from the FBI or other state criminal history record 
 repositories. 

                            ARTICLE VI 
                 ESTABLISHMENT OF COMPACT COUNCIL

    (a)    Establishment.  

    (1)    In general.  There is established a council to be 
 known as the "Compact Council," which shall have the authority 
 to promulgate rules and procedures governing the use of the III 
 System for noncriminal justice purposes, not to conflict with 
 FBI administration of the III System for criminal justice 
 purposes.  

    (2)    Organization.  The council shall: 

    (A) continue in existence as long as this compact remains 
 in effect; 

    (B) be located, for administrative purposes, within the 
 FBI; and 

    (C) be organized and hold its first meeting as soon as 
 practicable after the effective date of this compact. 

    (b)    Membership.  The council shall be composed of 15 
 members, each of whom shall be appointed by the attorney 
 general, as follows. 

    (1) Nine members, each of whom shall serve a two-year term, 
 who shall be selected from among the compact officers of party 
 states based on the recommendation of the compact officers of 
 all party states, except that, in the absence of the requisite 
 number of compact officers available to serve, the chief 
 administrators of the criminal history record repositories of 
 nonparty states shall be eligible to serve on an interim basis. 

    (2) Two at-large members, nominated by the Director of the 
 FBI, each of whom shall serve a three-year term, of whom: 

    (A) one shall be a representative of the criminal justice 
 agencies of the federal government and may not be an employee of 
 the FBI; and 

    (B) one shall be a representative of the noncriminal 
 justice agencies of the federal government. 

    (3) Two at-large members, nominated by the chairman of the 
 council, once the chair is elected pursuant to article VI(c), 
 each of whom shall serve a three-year term, of whom: 

    (A) one shall be a representative of state or local 
 criminal justice agencies; and 

    (B) one shall be a representative of state or local 
 noncriminal justice agencies. 

    (4) One member, who shall serve a three-year term, and who 
 shall simultaneously be a member of the FBI's advisory policy 
 board on criminal justice information services, nominated by the 
 membership of that policy board. 

    (5) One member, nominated by the Director of the FBI, who 
 shall serve a three-year term, and who shall be an employee of 
 the FBI. 

    (c)    Chair and vice-chair.  

    (1)    In general.  From its membership, the council 
 shall elect a chair and a vice-chair of the council, 
 respectively.  Both the chair and vice-chair of the council: 

    (A) shall be a compact officer, unless there is no compact 
 officer on the council who is willing to serve, in which case 
 the chair may be an at-large member; and 

    (B) shall serve a two-year term and may be reelected to 
 only one additional two-year term. 

    (2)    Duties of vice-chair.  The vice-chair of the 
 council shall serve as the chair of the council in the absence 
 of the chair. 

    (d)    Meetings.  

    (1)    In general.  The council shall meet at least once 
 each year at the call of the chair.  Each meeting of the council 
 shall be open to the public.  The council shall provide prior 
 public notice in the Federal Register of each meeting of the 
 council, including the matters to be addressed at such meeting. 

    (2)    Quorum.  A majority of the council or any 
 committee of the council shall constitute a quorum of the 
 council or of such committee, respectively, for the conduct of 
 business.  A lesser number may meet to hold hearings, take 
 testimony, or conduct any business not requiring a vote. 

    (e)    Rules, procedures, and standards.  The council 
 shall make available for public inspection and copying at the 
 council office within the FBI, and shall publish in the Federal 
 Register, any rules, procedures, or standards established by the 
 council. 

    (f)    Assistance from FBI.  The council may request 
 from the FBI such reports, studies, statistics, or other 
 information or materials as the council determines to be 
 necessary to enable the council to perform its duties under this 
 compact.  The FBI, to the extent authorized by law, may provide 
 such assistance or information upon such a request. 

    (g)    Committees.  The chair may establish committees 
 as necessary to carry out this compact and may prescribe their 
 membership, responsibilities, and duration. 

                           ARTICLE VII 
                     RATIFICATION OF COMPACT 

    This compact shall take effect upon being entered into by 
 two or more states as between those states and the federal 
 government.  Upon subsequent entering into this compact by 
 additional states, it shall become effective among those states 
 and the federal government and each party state that has 
 previously ratified it.  When ratified, this compact shall have 
 the full force and effect of law within the ratifying 
 jurisdictions.  The form of ratification shall be in accordance 
 with the laws of the executing state. 

                           ARTICLE VIII 
                     MISCELLANEOUS PROVISIONS 

    (a)    Relation of compact to certain FBI activities.  
 Administration of this compact shall not interfere with the 
 management and control of the Director of the FBI over the FBI's 
 collection and dissemination of criminal history records and the 
 advisory function of the FBI's advisory policy board chartered 
 under the Federal Advisory Committee Act (5 U.S.C. App.) for all 
 purposes other than noncriminal justice. 

    (b)    No authority for nonappropriated expenditures.  
 Nothing in this compact shall require the FBI to obligate or 
 expend funds beyond those appropriated to the FBI. 

    (c)    Relating to Public Law 92-544.  Nothing in this 
 compact shall diminish or lessen the obligations, 
 responsibilities, and authorities of any state, whether a party 
 state or a nonparty state, or of any criminal history record 
 repository or other subdivision or component thereof, under the 
 Departments of State, Justice, and Commerce, the Judiciary, and 
 Related Agencies Appropriation Act, 1973 (Public Law 92-544), or 
 regulations and guidelines promulgated thereunder, including the 
 rules and procedures promulgated by the council under article 
 VI(a), regarding the use and dissemination of criminal history 
 records and information. 

                            ARTICLE IX 
                           RENUNCIATION 

    (a)    In general.  This compact shall bind each party 
 state until renounced by the party state. 

    (b)    Effect.  Any renunciation of this compact by a 
 party state shall: 

    (1) be effected in the same manner by which the party state 
 ratified this compact; and 

    (2) become effective 180 days after written notice of 
 renunciation is provided by the party state to each other party 
 state and to the federal government. 

                            ARTICLE X 
                           SEVERABILITY 

    The provisions of this compact shall be severable, and if 
 any phrase, clause, sentence, or provision of this compact is 
 declared to be contrary to the constitution of any participating 
 state, or to the Constitution of the United States, or the 
 applicability thereof to any government, agency, person, or 
 circumstance is held invalid, the validity of the remainder of 
 this compact and the applicability thereof to any government, 
 agency, person, or circumstance shall not be affected thereby.  
 If a portion of this compact is held contrary to the 
 constitution of any party state, all other portions of this 
 compact shall remain in full force and effect as to the 
 remaining party states and in full force and effect as to the 
 party state affected, as to all other provisions. 

                            ARTICLE XI 
                     ADJUDICATION OF DISPUTES 

    (a)    In general.  The council shall: 

    (1) have initial authority to make determinations with 
 respect to any dispute regarding: 

    (A) interpretation of this compact; 

    (B) any rule or standard established by the council 
 pursuant to article V; and 

    (C) any dispute or controversy between any parties to this 
 compact; and 

    (2) hold a hearing concerning any dispute described in 
 paragraph (1) at a regularly scheduled meeting of the council 
 and only render a decision based upon a majority vote of the 
 members of the council.  Such decision shall be published 
 pursuant to the requirements of article VI(e). 

    (b)    Duties of the FBI.  The FBI shall exercise 
 immediate and necessary action to preserve the integrity of the 
 III System, maintain system policy and standards, protect the 
 accuracy and privacy of records, and to prevent abuses, until 
 the council holds a hearing on such matters. 

    (c)    Right of appeal.  The FBI or a party state may 
 appeal any decision of the council to the attorney general, and 
 thereafter may file suit in the appropriate district court of 
 the United States, which shall have original jurisdiction of all 
 cases or controversies arising under this compact.  Any suit 
 arising under this compact and initiated in a state court shall 
 be removed to the appropriate district court of the United 
 States in the manner provided by United States Code, title 28, 
 section 1446, or other statutory authority. 

    HIST: 2002 c 269 s 2 

     299C.582 Powers with relation to compact. 

    The commissioner of public safety or a designee is hereby 
 authorized and directed to do all things necessary or incidental 
 to the carrying out of the compact. 

    HIST: 2002 c 269 s 3 

CHILD PROTECTION BACKGROUND CHECK

     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. 8a.    Conviction.  "Conviction" means a criminal 
 conviction or an adjudication of delinquency for an offense that 
 would be a crime if committed by an adult. 

    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; 2001 c 202 s 15 

     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.  (a) 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. 

    (b) 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 

INFORMATION POLICY GROUP

     299C.65 Criminal and Juvenile Justice Information Policy 
  Group. 

    Subdivision 1.    Membership, duties.  (a) The Criminal 
 and Juvenile Justice Information Policy Group consists of the 
 commissioner of corrections, the commissioner of public safety, 
 the commissioner of administration, the commissioner of finance, 
 and four members of the judicial branch appointed by the chief 
 justice of the Supreme Court.  The policy group may appoint 
 additional, nonvoting members as necessary from time to time. 

    (b) The commissioner of public safety is designated as the 
 chair of the policy group.  The commissioner and the policy 
 group have overall responsibility for the successful completion 
 of statewide criminal justice information system integration 
 (CriMNet).  The policy group may hire a program manager to 
 manage the CriMNet projects and to be responsible for the 
 day-to-day operations of CriMNet.  The policy group must ensure 
 that generally accepted project management techniques are 
 utilized for each CriMNet project, including: 

    (1) clear sponsorship; 

    (2) scope management; 

    (3) project planning, control, and execution; 

    (4) continuous risk assessment and mitigation; 

    (5) cost management; 

    (6) quality management reviews; 

    (7) communications management; and 

    (8) proven methodology. 

    (c) Products and services for CriMNet project management, 
 system design, implementation, and application hosting must be 
 acquired using an appropriate procurement process, which 
 includes: 

    (1) a determination of required products and services; 

    (2) a request for proposal development and identification 
 of potential sources; 

    (3) competitive bid solicitation, evaluation, and 
 selection; and 

    (4) contract administration and close-out. 

    (d) 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.  (a) 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 year.  

    (b) 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 policy group shall appoint a task force 
 consisting of its members 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.  

    (c) The commissioner of public safety may appoint 
 additional, nonvoting members to the task force as necessary 
 from time to time. 

    Subd. 3.    Continuing education program.  The Criminal 
 and Juvenile Justice 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 postsecondary 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.  (a) The policy group may 
 approve grants only if the applicant provides an appropriate 
 share of matching funds as determined by the policy group to 
 help pay up to one-half of the costs of developing or 
 implementing the integration plan.  The matching requirement 
 must be a constant for all counties.  The policy group shall 
 adopt policies concerning the use of in-kind resources to 
 satisfy the match requirement and the sources from which 
 matching funds may be obtained.  Local operational or technology 
 staffing costs may be considered as meeting this match 
 requirement.  

    (b) The policy group shall consult with the task force when 
 carrying out its powers and duties under paragraph (a). 

    (c) Each grant recipient shall certify to the policy group 
 that it has not reduced funds from local, county, federal, or 
 other sources which, in the absence of the grant, would have 
 been made available to the grant recipient to improve or 
 integrate criminal justice technology. 

    Subd. 8a.    Criminal justice technology infrastructure 
 improvements.  (a) Within 30 days of the submission of the 
 Hennepin County integration plan funded by a grant under Laws 
 1999, chapter 216, article 1, section 7, subdivision 6, or 
 September 1, 2000, whichever is earlier, the policy group shall: 

    (1) assess the needs of state, county, and municipal 
 government agencies for electronic fingerprint capture 
 technology, electronic photographic identification technology, 
 and additional bandwidth to transfer and access the data from 
 electronic fingerprint capture technology and electronic 
 photographic identification technology to the state's central 
 database; and 

    (2) choose locations and agencies to receive this 
 technology. 

    (b) Within the limits of available appropriations, the 
 commissioner of public safety shall purchase and distribute the 
 technology infrastructure improvements as directed by the policy 
 group.  The commissioner shall begin the purchasing process 
 within 30 days of receiving notice of the policy group's 
 decisions.  The commissioner shall distribute the improvements 
 as soon as practicable after beginning the purchasing process. 

    (c) If feasible, the policy group shall direct the 
 commissioner to distribute the technology infrastructure 
 improvements described in this subdivision in 100 locations.  
 However, no more than 30 percent of the improvements may be 
 distributed in one county. 

    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; 2000 c 311 art 5 s 1-4; 1Sp2001 c 8 
 art 6 s 5,6 

PROPERTY MANAGER BACKGROUND CHECK

     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 
 (2) 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 
 (2) 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; 2001 c 7 s 62 

     299C.68 Background check on residential building 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 ten 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 ten 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.  (a) 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. 

    (b) If the manager has resided in Minnesota for less than 
 ten 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.  The superintendent's 
 response from the search of the Minnesota computerized criminal 
 history system 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 the 
 conviction, and date of discharge of sentence.  If a search is 
 being done of the national criminal records repository, the 
 superintendent shall determine eligibility based upon national 
 records received.  The superintendent shall reply to the owner 
 in writing indicating whether the manager is or is not eligible 
 for employment.  

    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 section 144.057 and chapter 245C, 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; 1Sp2001 
 c 7 s 1,2; 2002 c 321 s 3; 2003 c 15 art 1 s 33; 2003 c 89 s 1 

     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 insurance 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; 2004 c 206 
 s 52 

     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