STATE OF
MINNESOTA
NINETY-THIRD
SESSION - 2023
_____________________
SEVENTIETH
DAY
Saint Paul, Minnesota, Monday, May 15, 2023
The House of Representatives convened at
10:00 a.m. and was called to order by Dan Wolgamott, Speaker pro tempore.
Prayer was offered by Pastor Jacob Holck,
Sauk Centre United Methodist Church, Sauk Centre, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
A quorum was present.
Anderson, P. H., and Kiel were excused.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
MESSAGES FROM THE SENATE
The
following message was received from the Senate:
Madam Speaker:
I hereby announce the passage by the
Senate of the following Senate File, herewith transmitted:
S. F. No. 1335.
Thomas S. Bottern,
Secretary of the Senate
FIRST READING OF SENATE BILLS
S. F. No. 1335, A bill for an act relating to public safety; making policy changes related to State Patrol duties, including school bus inspections, commercial vehicle inspections, and rearview mirror requirements; establishing a penalty; amending Minnesota Statutes 2022, sections 160.27, subdivision 7, by adding a subdivision; 161.082, subdivision 2a; 161.115, subdivision 265, by adding a subdivision; 161.125, subdivision 1; 161.32, subdivision 2; 161.41; 162.07, subdivision 2; 162.13, subdivisions 2, 3; 168.1235, subdivision 1; 168.1253, subdivision 3; 168.1293, by adding a subdivision; 168.185; 168.27, subdivisions 11, 16; 168A.11, subdivision 3; 168A.151, subdivision 1; 168B.045; 168B.07, subdivision 1; 169.011, by adding a subdivision; 169.09, subdivision 8; 169.14, by adding a subdivision; 169.346, subdivision 2a; 169.451, subdivisions 2, 3, 4; 169.454, subdivision 2; 169.70; 169.781, subdivision 3; 169A.60, subdivision 13; 171.041; 171.06, subdivision 3, as amended; 171.0605, subdivisions 3, 5; 171.12, by adding a subdivision; 171.306, subdivision 4; 174.38, subdivision 5; 174.40, subdivision 4a; 174.50, subdivision 7; 174.52, subdivisions 2, 4, 5; 222.50, subdivision 7; 325F.6641, subdivision 2; 360.55, subdivision 9; 360.59, subdivision 10; 473.375, by adding a subdivision; 473.408, by adding a subdivision; 609.50, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 161; 174; repealing Minnesota Statutes 2022, sections 160.05, subdivision 2; 171.06, subdivision 3a; 473.1467; 473.408, subdivisions 6, 7, 8, 9; Laws 2002, chapter 393, section 85; Minnesota Rules, part 8835.0350, subpart 2.
The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.
Long moved that the House recess subject
to the call of the Chair. The motion
prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Wolgamott.
REPORT FROM THE COMMITTEE ON
RULES
AND LEGISLATIVE ADMINISTRATION
Long from the Committee on Rules and
Legislative Administration, pursuant to rules 1.21 and 3.33, designated the
following bill to be placed on the Calendar for the Day for Wednesday, May 17,
2023 and established a prefiling requirement for amendments offered to the
following bill:
H. F. No. 2369.
MOTIONS AND
RESOLUTIONS
SUSPENSION OF RULES
Long moved that Joint Rule 2.06, relating to Conference Committees, be suspended as it relates to H. F. No. 2292. The motion prevailed.
The following Conference Committee Report
was received:
CONFERENCE COMMITTEE REPORT ON H. F. No. 2292
A bill for an act relating to early childhood; modifying provisions for early learning scholarships, Head Start, and early education programs; providing for early childhood educator programs; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 119A.52; 121A.17, subdivision 3; 121A.19; 124D.13, by adding a subdivision; 124D.141, subdivision 2; 124D.162; 124D.165, subdivisions 2, 3, 4, 6; 125A.13; 179A.03, subdivision 18; proposing coding for new law in Minnesota Statutes, chapter 122A.
May 15, 2023
The Honorable Melissa Hortman
Speaker of the House of Representatives
The Honorable Bobby Joe Champion
President of the Senate
We, the undersigned conferees for H. F. No. 2292 report that we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendment and that H. F. No. 2292 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2022, section 119A.52, is amended to read:
119A.52
DISTRIBUTION OF APPROPRIATION.
(a) The commissioner of education must
distribute money appropriated for that purpose to federally designated Head
Start programs to expand services and to serve additional low-income children. Migrant and Indian reservation programs must
be initially allocated money based on the programs' share of federal funds.,
which may
include costs associated with program operations, infrastructure, or reconfiguration to serve children from birth to age five in center-based services. The distribution must occur in the following order: (1) 10.72 percent of the total Head Start appropriation must be initially allocated to federally designated Tribal Head Start programs; (2) the Tribal Head Start portion of the appropriation must be initially allocated to Tribal Head Start programs based on the programs' share of federal funds; and (3) migrant programs must be initially allocated funding based on the programs' share of federal funds. The remaining money must be initially allocated to the remaining local agencies based equally on the agencies' share of federal funds and on the proportion of eligible children in the agencies' service area who are not currently being served. A Head Start program must be funded at a per child rate equal to its contracted, federally funded base level at the start of the fiscal year. For all agencies without a federal Early Head Start rate, the state average federal cost per child for Early Head Start applies. In allocating funds under this paragraph, the commissioner of education must assure that each Head Start program in existence in 1993 is allocated no less funding in any fiscal year than was allocated to that program in fiscal year 1993. Before paying money to the programs, the commissioner must notify each program of its initial allocation and how the money must be used. Each program must present a plan under section 119A.535. For any program that cannot utilize its full allocation at the beginning of the fiscal year, the commissioner must reduce the allocation proportionately. Money available after the initial allocations are reduced must be redistributed to eligible programs.
(b) The commissioner must develop procedures to make payments to programs based upon the number of children reported to be enrolled during the required time period of program operations. Enrollment is defined by federal Head Start regulations. The procedures must include a reporting schedule, corrective action plan requirements, and financial consequences to be imposed on programs that do not meet full enrollment after the period of corrective action. Programs reporting chronic underenrollment, as defined by the commissioner, will have their subsequent program year allocation reduced proportionately. Funds made available by prorating payments and allocations to programs with reported underenrollment will be made available to the extent funds exist to fully enrolled Head Start programs through a form and manner prescribed by the department.
(c) Programs with approved innovative initiatives that target services to high-risk populations, including homeless families and families living in homeless shelters and transitional housing, are exempt from the procedures in paragraph (b). This exemption does not apply to entire programs. The exemption applies only to approved innovative initiatives that target services to high-risk populations, including homeless families and families living in homeless shelters, transitional housing, and permanent supportive housing.
Sec. 2. [119C.01]
GREAT START SCHOLARSHIPS PROGRAM.
Subdivision 1. Establishment;
purpose. The commissioner of
children, youth, and families, in collaboration with the commissioner of
education and the commissioner of human services, shall develop and, to the
extent funds are available and notwithstanding federal and state laws to the
contrary, implement a plan for the great start scholarships program to ensure
affordable access to high-quality early care and learning for children from
birth to kindergarten entry.
Subd. 2. Development. In developing the plan and
implementing the program under this section, the commissioner shall:
(1) identify ways to integrate the
functions, administrative structures, and funding mechanisms of early care and
learning programs administered by the state with the great start scholarships
program;
(2) consider the recommendations made
by the Great Start for All Minnesota Children Task Force under Laws 2021, First
Special Session chapter 7, article 14, section 18, subdivision 2;
(3) create a process and
timeline to transition the following families to the great start scholarships
program by July 1, 2028:
(i) families with at least one child
receiving an early learning scholarship under section 124D.165; and
(ii) families with at least one child
who is not yet in kindergarten and is receiving child care assistance under
section 119B.03 or 119B.05 for care received from a provider licensed under
Minnesota Rules, chapter 9502 or 9503, or Tribally licensed, or a Head Start
program that has a rating under section 124D.142;
(4) create mechanisms for members of
local communities, including families and members of the early care and
learning workforce, to have input in decisions regarding needs and preferences
for early care and learning options;
(5) develop a proposed method for
funding early care and learning slots in response to local need through
contracts with eligible providers that may be used to deliver services that
meet quality and compensation standards with the intent to build early care and
learning capacity statewide for children from birth to kindergarten entry; and
(6) consider how to maximize available
federal resources while maintaining access to child care assistance funding
under sections 119B.03 and 119B.05 for school-age children. The commissioner, in consultation with an
appropriate state agency, may seek federal technical assistance or outside
consultation as necessary to provide minimally burdensome program access to all
participating families.
Subd. 3. Program
requirements. The great start
scholarships program must include at a minimum:
(1) a method to provide financial
assistance to families voluntarily participating in the program;
(2) family eligibility for any
qualifying family that has at least one child who is not yet in kindergarten;
(3) provider eligibility for:
(i) any program licensed under
Minnesota Rules, chapter 9502 or 9503, or Tribally licensed, that participates
in the quality rating and improvement system under section 124D.142; and
(ii) any school-based program and Head
Start program that has a rating under section 124D.142;
(4) a unified, integrated, and simple
online application process that utilizes administrative data to ease
qualification and benefit determination and meet federal reporting
requirements;
(5) an electronic attendance tracking
system that is integrated, to the extent practicable, and payments system to
safeguard program integrity and streamline billing and payment processes for
providers; and
(6) a schedule for family contributions
and provider payments that ensures that no participating family pays more than
seven percent of annual income for early care and learning services for
children from birth to kindergarten entry.
Family contributions and provider payments may vary by family income,
program quality, geography, and need for compensatory services, and may take
into consideration the results of the market rate survey under section 119B.02,
subdivision 7; information from cost estimation models for providing early care
and learning in the state; and cost information gathered through contracts
under subdivision 2, clause (5).
Subd. 4. Administration;
reporting requirement. (a) By
July 1, 2028, to the extent funding is appropriated and notwithstanding federal
and state laws to the contrary, the commissioner shall have in place the
administrative structures and systems needed for the great start scholarships
program to meet the operational needs of participating families and eligible
providers.
(b) By July 1, 2026, the
commissioner, in consultation with the commissioners of education and human
services, must submit a report to the legislative committees with jurisdiction
over early care and learning on the status of planning for the program under
this section. The report must:
(1) include information on progress
made and work underway to develop the program;
(2) provide details about the
administrative structures, systems, and funding needed to meet the needs of
families and providers who may participate in the program; and
(3) identify any statutory or
regulatory changes necessary for implementation of the program.
Sec. 3. Minnesota Statutes 2022, section 121A.17, subdivision 3, is amended to read:
Subd. 3. Screening program. (a) A screening program must include at least the following components: developmental assessments, including virtual developmental screening for families who make the request based on their immunocompromised health status or other health conditions, hearing and vision screening or referral, immunization review and referral, the child's height and weight, the date of the child's most recent comprehensive vision examination, if any, identification of risk factors that may influence learning, an interview with the parent about the child, and referral for assessment, diagnosis, and treatment when potential needs are identified. The district and the person performing or supervising the screening must provide a parent or guardian with clear written notice that the parent or guardian may decline to answer questions or provide information about family circumstances that might affect development and identification of risk factors that may influence learning. The notice must state "Early childhood developmental screening helps a school district identify children who may benefit from district and community resources available to help in their development. Early childhood developmental screening includes a vision screening that helps detect potential eye problems but is not a substitute for a comprehensive eye exam." The notice must clearly state that declining to answer questions or provide information does not prevent the child from being enrolled in kindergarten or first grade if all other screening components are met. If a parent or guardian is not able to read and comprehend the written notice, the district and the person performing or supervising the screening must convey the information in another manner. The notice must also inform the parent or guardian that a child need not submit to the district screening program if the child's health records indicate to the school that the child has received comparable developmental screening performed within the preceding 365 days by a public or private health care organization or individual health care provider. The notice must be given to a parent or guardian at the time the district initially provides information to the parent or guardian about screening and must be given again at the screening location.
(b) All screening components shall be consistent with the standards of the state commissioner of health for early developmental screening programs. A developmental screening program must not provide laboratory tests or a physical examination to any child. The district must request from the public or private health care organization or the individual health care provider the results of any laboratory test or physical examination within the 12 months preceding a child's scheduled screening. For the purposes of this section, "comprehensive vision examination" means a vision examination performed by an optometrist or ophthalmologist.
(c) If a child is without health coverage, the school district must refer the child to an appropriate health care provider.
(d) A board may offer additional components such as nutritional, physical and dental assessments, review of family circumstances that might affect development, blood pressure, laboratory tests, and health history.
(e) If a statement signed by the child's parent or guardian is submitted to the administrator or other person having general control and supervision of the school that the child has not been screened because of conscientiously held beliefs of the parent or guardian, the screening is not required.
Sec. 4. Minnesota Statutes 2022, section 121A.19, is amended to read:
121A.19
DEVELOPMENTAL SCREENING AID.
Each school year, the state must pay a
district for each child or student screened by the district according to the
requirements of section 121A.17. The
amount of state aid for each child or student screened shall be: (1) $75 $98 for a child
screened at age three; (2) $50 $65 for a child screened at age
four; (3) $40 $52 for a child screened at age five or six prior
to kindergarten; and (4) $30 $39 for a student screened within 30
days after first enrolling in a public school kindergarten if the student has
not previously been screened according to the requirements of section 121A.17. If this amount of aid is insufficient, the
district may permanently transfer from the general fund an amount that, when
added to the aid, is sufficient. Developmental
screening aid shall not be paid for any student who is screened more than 30
days after the first day of attendance at a public school kindergarten, except
if a student transfers to another public school kindergarten within 30 days
after first enrolling in a Minnesota public school kindergarten program. In this case, if the student has not been
screened, the district to which the student transfers may receive developmental
screening aid for screening that student when the screening is performed within
30 days of the transfer date.
Sec. 5. [122A.261]
PREKINDERGARTEN, SCHOOL READINESS, PRESCHOOL, AND EARLY EDUCATION PROGRAMS;
LICENSURE REQUIREMENT.
Subdivision 1. Licensure
requirement. (a) A school
district or charter school must employ a qualified teacher, as defined in
section 122A.16, to provide instruction in a preschool, school readiness,
school readiness plus, or prekindergarten program or other school district or
charter school-based early education program.
(b) This subdivision does not apply to
individuals providing instruction in a child care center licensed under
Minnesota Rules, chapter 9503, or in a certified license-exempt child care
center under chapter 245H.
Subd. 2. Exemptions. Any teacher who has taught in a preschool,
school readiness, school readiness plus, or prekindergarten program, or other
early learning program for at least five years prior to September 1, 2028, may
continue to teach without obtaining a license.
Notwithstanding this exemption from the licensure requirement, these
individuals are teachers under section 179A.03, subdivision 18.
EFFECTIVE
DATE. This section is
effective July 1, 2028.
Sec. 6. [122A.731]
GRANTS FOR GROW YOUR OWN EARLY CHILDHOOD AND FAMILY EDUCATOR PROGRAMS.
Subdivision 1. Establishment. The commissioner of education must award grants for Grow Your Own Early Childhood Educator programs established under this section in order to develop an early childhood education workforce that more closely reflects the state's increasingly diverse student population and ensures all students have equitable access to high-quality early educators.
Subd. 2. Grow
Your Own Early Childhood and Family Educator programs. (a) Minnesota-licensed family child
care or licensed center-based child care programs, school district or charter
school early learning programs, Head Start programs, institutions of higher
education, and other community partnership nongovernmental organizations may
apply for a grant to host, build, or expand an early childhood educator
preparation program that leads to an individual earning the credential or
degree needed to enter or advance in the early childhood education workforce. Examples include programs that help
interested individuals earn the child development associate (CDA) credential,
an associate's degree in child development, or a bachelor's degree in early
childhood and family education studies or early childhood licensures. The grant recipient must use at least 80
percent of grant money for student stipends, tuition scholarships, or unique
student teaching or field placement experiences.
(b) Programs providing
financial support to interested individuals may require a commitment from the
individuals awarded, as determined by the commissioner, to teach in the program
or school for a reasonable amount of time that does not exceed one year.
Subd. 3. Grant
procedure. (a) Eligible
programs must apply for a grant under this section in the form and manner
specified by the commissioner. To the
extent that there are sufficient applications, the commissioner must, to the
extent practicable, award an equal number of grants between applicants in
greater Minnesota and those in the metropolitan area.
(b) For the 2023-2024 school year and
later, grant applications for new and existing programs must be received by the
commissioner no later than January 15 of the year prior to the school year in
which the grant will be used. The
commissioner must review all applications and notify grant recipients by March
15 or as soon as practicable of the anticipated amount awarded. If the commissioner determines that
sufficient funding is unavailable for the grants, the commissioner must notify
grant applicants by June 30 or as soon as practicable that there is
insufficient money.
Subd. 4. Grow
Your Own Early Childhood Education program account. (a) The Grow Your Own Early Childhood
Education program account is established in the special revenue fund.
(b) Money appropriated for the Grow Your
Own Early Childhood Education program under this section must be transferred to
the Grow Your Own Early Childhood Education program account in the special
revenue fund.
(c) Money in the account is annually
appropriated to the commissioner for the Grow Your Own Early Childhood
Education program under this section. Any
returned money is available to be regranted.
Grant recipients may apply to use grant money over a period of up to 60
months.
(d) Up to $175,000 annually is
appropriated to the commissioner for costs associated with administering and
monitoring the program under this section.
Subd. 5. Report. Grant recipients must annually report
to the commissioner in the form and manner determined by the commissioner on
their activities under this section, including the number of educators
supported through grant money and the number of educators obtaining credentials
by type. Data must indicate the
beginning level of education and ending level of education of individual
participants and an assessment of program effectiveness, including participant
feedback, areas for improvement, and employment changes and current employment status,
where applicable, after completing preparation programs. The commissioner must publish a report for
the public that summarizes the activities and outcomes of grant recipients and
what was done to promote sharing of effective practices among grant recipients
and potential grant applicants.
Sec. 7. Minnesota Statutes 2022, section 124D.13, is amended by adding a subdivision to read:
Subd. 12a. Support
staff. (a) The department
must employ two full-time equivalent staff to serve as resources for programs
described in this section. The staff
persons must provide operational support and guidance to programs, including
but not limited to providing professional development and education support,
assisting with marketing and outreach, and facilitating collaborations with
public and private organizations serving families.
(b) Each staff person described in this
subdivision must hold a valid license as a teacher of parent and family
education.
Sec. 8. Minnesota Statutes 2022, section 124D.141, subdivision 2, is amended to read:
Subd. 2. Additional duties. The following duties are added to those assigned to the council under federal law:
(1) make recommendations on the most efficient and effective way to leverage state and federal funding streams for early childhood and child care programs;
(2) make recommendations on how
to coordinate or colocate early childhood and child care programs in one state
Office of Early Learning. The council
shall establish a task force to develop these recommendations. The task force shall include two nonexecutive
branch or nonlegislative branch representatives from the council; six
representatives from the early childhood caucus; two representatives each from
the Departments of Education, Human Services, and Health; one representative
each from a local public health agency, a local county human services agency,
and a school district; and two representatives from the private nonprofit
organizations that support early childhood programs in Minnesota. In developing recommendations in coordination
with existing efforts of the council, the task force shall consider how to:
(i) consolidate and coordinate
resources and public funding streams for early childhood education and child
care, and ensure the accountability and coordinated development of all early
childhood education and child care services to children from birth to
kindergarten entrance;
(ii) create a seamless transition from
early childhood programs to kindergarten;
(iii) encourage family choice by
ensuring a mixed system of high-quality public and private programs, with local
points of entry, staffed by well-qualified professionals;
(iv) ensure parents a decisive role in
the planning, operation, and evaluation of programs that aid families in the
care of children;
(v) provide consumer education and
accessibility to early childhood education and child care resources;
(vi) advance the quality of early
childhood education and child care programs in order to support the healthy
development of children and preparation for their success in school;
(vii) develop a seamless service
delivery system with local points of entry for early childhood education and
child care programs administered by local, state, and federal agencies;
(viii) ensure effective collaboration
between state and local child welfare programs and early childhood mental
health programs and the Office of Early Learning;
(ix) develop and manage an effective
data collection system to support the necessary functions of a coordinated
system of early childhood education and child care in order to enable accurate
evaluation of its impact;
(x) respect and be sensitive to family
values and cultural heritage; and
(xi) establish the administrative
framework for and promote the development of early childhood education and
child care services in order to provide that these services, staffed by
well-qualified professionals, are available in every community for all families
that express a need for them.
In addition, the task force must
consider the following responsibilities for transfer to the Office of Early
Learning:
(A) responsibilities of the
commissioner of education for early childhood education programs and financing
under sections 119A.50 to 119A.535, 121A.16 to 121A.19, and 124D.129 to
124D.2211;
(B) responsibilities of the
commissioner of human services for child care assistance, child care
development, and early childhood learning and child protection facilities
programs and financing under chapter 119B and section 256E.37; and
(C) responsibilities of the
commissioner of health for family home visiting programs and financing under
section 145A.17.
Any costs incurred by the council in
making these recommendations must be paid from private funds. If no private funds are received, the council
must not proceed in making these recommendations. The council must report its recommendations
to the governor and the legislature by January 15, 2011;
(3) (2) review program
evaluations regarding high-quality early childhood programs;
(4) (3) make recommendations
to the governor and legislature, including proposed legislation on how to most
effectively create a high-quality early childhood system in Minnesota in order
to improve the educational outcomes of children so that all children are
school-ready by 2020 have the opportunities and experiences to support a
successful transition to kindergarten; and
(5) make recommendations to the
governor and the legislature by March 1, 2011, on the creation and
implementation of a statewide school readiness report card to monitor progress
toward the goal of having all children ready for kindergarten by the year 2020. The recommendations shall include what should
be measured including both children and system indicators, what benchmarks
should be established to measure state progress toward the goal, and how
frequently the report card should be published.
In making their recommendations, the council shall consider the
indicators and strategies for Minnesota's early childhood system report, the Minnesota
school readiness study, developmental assessment at kindergarten entrance, and
the work of the council's accountability committee. Any costs incurred by the council in making
these recommendations must be paid from private funds. If no private funds are received, the council
must not proceed in making these recommendations; and
(6) make recommendations to the
governor and the legislature on how to screen earlier and comprehensively
assess children for school readiness in order to provide increased early
interventions and increase the number of children ready for kindergarten. In formulating their recommendations, the
council shall consider (i) ways to interface with parents of children who are
not participating in early childhood education or care programs, (ii) ways to
interface with family child care providers, child care centers, and
school-based early childhood and Head Start programs, (iii) if there are
age-appropriate and culturally sensitive screening and assessment tools for
three-, four-, and five-year-olds, (iv) the role of the medical community in
screening, (v) incentives for parents to have children screened at an earlier
age, (vi) incentives for early education and care providers to comprehensively
assess children in order to improve instructional practice, (vii) how to phase
in increases in screening and assessment over time, (viii) how the screening
and assessment data will be collected and used and who will have access to the
data, (ix) how to monitor progress toward the goal of having 50 percent of
three-year-old children screened and 50 percent of entering kindergarteners
assessed for school readiness by 2015 and 100 percent of three-year-old
children screened and entering kindergarteners assessed for school readiness by
2020, and (x) costs to meet these benchmarks.
The council shall consider the screening instruments and comprehensive
assessment tools used in Minnesota early childhood education and care programs
and kindergarten. The council may survey
early childhood education and care programs in the state to determine the
screening and assessment tools being used or rely on previously collected
survey data, if available. For purposes
of this subdivision, "school readiness" is defined as the child's
skills, knowledge, and behaviors at kindergarten entrance in these areas of
child development: social; self-regulation;
cognitive, including language, literacy, and mathematical thinking; and
physical. For purposes of this
subdivision, "screening" is defined as the activities used to
identify a child who may need further evaluation to determine delay in
development or disability. For purposes
of this subdivision, "assessment" is defined as the activities used
to determine a child's level of performance in order to promote the child's
learning and development. Work on this
duty will begin in fiscal year 2012. Any
costs incurred by the council in making these recommendations must be paid from
private funds. If no private funds are
received, the council must not proceed in making these recommendations. The council must report its recommendations
to the governor and legislature by January 15, 2013, with an interim report on
February 15, 2011.
(4) review and provide input on
the recommendations and implementation timelines developed by the Great Start
For All Minnesota Children Task Force under Laws 2021, First Special Session
chapter 7, article 14, section 18, subdivision 2.
Sec. 9. Minnesota Statutes 2022, section 124D.142, subdivision 2, is amended to read:
Subd. 2. System components. (a) The standards-based voluntary quality rating and improvement system includes:
(1) at least a one-star rating for all
programs licensed under Minnesota Rules, chapter 9502 or 9503, or Tribally
licensed that do not opt out of the system under paragraph (b) and that are
not:
(i) the subject of a finding of fraud
for which the program or individual is currently serving a penalty or
exclusion;
(ii) prohibited from receiving public
funds under section 245.095, regardless of whether the action is under appeal;
(iii) under revocation, suspension,
temporary immediate suspension, or decertification, or is operating under a
conditional license, regardless of whether the action is under appeal; or
(iv) the subject of suspended, denied,
or terminated payments to a provider under section 119B.13, subdivision 6,
paragraph (d), clause (1) or (2); 245E.02, subdivision 4, paragraph (c), clause
(4); or 256.98, subdivision 1, regardless of whether the action is under
appeal;
(1) (2) quality opportunities
in order to improve the educational outcomes of children so that they are ready
for school;
(2) (3) a framework based on
the Minnesota quality rating system rating tool and a common set of child
outcome and program standards informed by evaluation results;
(3) (4) a tool to increase
the number of publicly funded and regulated early learning and care services in
both public and private market programs that are high quality;
(4) (5) voluntary
participation ensuring that if a program or provider chooses to participate,
the program or provider will be rated and may receive public funding associated
with the rating; and
(5) (6) tracking progress
toward statewide access to high-quality early learning and care programs,
progress toward the number of low-income children whose parents can access
quality programs, and progress toward increasing the number of children who are
fully prepared to enter kindergarten.
(b) By July 1, 2026, the commissioner of
human services shall establish a process by which a program may opt out of the
rating under paragraph (a), clause (1). The
commissioner shall consult with Tribes to develop a process for rating Tribally
licensed programs that is consistent with the goal outlined in paragraph (a),
clause (1).
Sec. 10. Minnesota Statutes 2022, section 124D.162, is amended to read:
124D.162
KINDERGARTEN READINESS ENTRY ASSESSMENT.
Subdivision 1. Assessment
required. The commissioner of
education may must implement a kindergarten readiness entry
assessment representative of incoming kindergartners to identify the
percent of kindergartners who meet or exceed end-of-year prekindergarten early
learning standards. The
assessment must be based on the Department of Education Kindergarten Readiness
Assessment at kindergarten entrance study.
Subd. 2. Process. (a) School districts and charter
schools must choose a kindergarten entry assessment tool from a menu of valid
and reliable measurement instruments approved by the department that:
(1) are aligned to the state early
childhood indicators of progress and kindergarten standards and are based on
the criteria to be an early learning assessment approved by the department;
(2) support the world's best workforce
goals in section 120B.11, subdivision 1, paragraph (c); and
(3) are based, in part, on information
collected from teachers, early learning professionals, families, and other
partners.
(b) The department must provide
technical assistance and professional development related to the assessment
required under this section to educators, school districts, and charter
schools.
Subd. 3. Reporting. School districts and charter schools
must annually report the results of kindergarten entry assessments to the
department in a form and manner determined by the commissioner that is concurrent
with a district's and charter school's world's best workforce report under
section 120B.11, subdivision 5. The
commissioner must publicly report kindergarten readiness results as part of the
performance reports required under section 120B.36 and in a manner consistent
with section 120B.35, subdivision 3, paragraph (a), clause (2).
Subd. 4. Implementation. The requirements under this section
must be phased in over three school years with all school districts and charter
schools complying beginning with the 2025-2026 school year.
Sec. 11. Minnesota Statutes 2022, section 124D.165, subdivision 2, is amended to read:
Subd. 2. Family
eligibility. (a) For a family to
receive an early learning scholarship, parents or guardians must have an
eligible child and meet at least one of the following eligibility
requirements:
(1) have an eligible child; and
(2) (1) have income equal to
or less than 185 percent of federal poverty level income:
(i) the at-application rate specified
in section 119B.09, subdivision 1, paragraph (a), clause (2), in the
current calendar year, or; or
(ii) beginning July 1, 2025, the rate
specified in United States Code, title 42, section 9858n(4)(B), as adjusted for
family size;
(2) be able to document their
child's current participation in the free and reduced-price lunch meal
program or Child and Adult Care Food Program, National School Lunch Act, United
States Code, title 42, sections 1751 and 1766; the Food Distribution Program on
Indian Reservations, Food and Nutrition Act, United States Code, title 7,
sections 2011-2036; Head Start under the federal Improving Head Start for
School Readiness Act of 2007; Minnesota family investment program under chapter
256J; child care assistance programs under chapter 119B; the supplemental
nutrition assistance program; or placement
(3) have a child referred as in need of child protection services or placed in foster care under section 260C.212.
(b) An "eligible child" means a
child who has not yet enrolled in kindergarten and is:
(1) at least three but not yet five
years of age on September 1 of the current school year;.
(2) a sibling from birth to age
five of a child who has been awarded a scholarship under this section provided
the sibling attends the same program as long as funds are available;
(3) the child of a parent under age 21
who is pursuing a high school degree or a course of study for a high school
equivalency test; or
(4) homeless, in foster care, or in
need of child protective services.
(c) A child who has received a scholarship under this section must continue to receive a scholarship each year until that child is eligible for kindergarten under section 120A.20 and as long as funds are available.
(d) Early learning scholarships may not be counted as earned income for the purposes of medical assistance under chapter 256B, MinnesotaCare under chapter 256L, Minnesota family investment program under chapter 256J, child care assistance programs under chapter 119B, or Head Start under the federal Improving Head Start for School Readiness Act of 2007.
(e) A child from an adjoining state whose family resides at a Minnesota address as assigned by the United States Postal Service, who has received developmental screening under sections 121A.16 to 121A.19, who intends to enroll in a Minnesota school district, and whose family meets the criteria of paragraph (a) is eligible for an early learning scholarship under this section.
EFFECTIVE DATE. This section is effective July 1, 2024, except paragraph (b) is effective January 1, 2024.
Sec. 12. Minnesota Statutes 2022, section 124D.165, is amended by adding a subdivision to read:
Subd. 2a. Applications;
priorities. (a) The
commissioner shall establish application timelines and determine the schedule
for awarding scholarships that meet the operational needs of eligible families
and programs.
(b) The commissioner must give highest
priority to applications from children who:
(1) are not yet four years of age;
(2) have a parent under age 21 who is
pursuing a high school diploma or a course of study for a high school
equivalency test;
(3) are in foster care;
(4) have been referred as in need of
child protection services;
(5) have an incarcerated parent;
(6) have a parent in a substance use
treatment program;
(7) have a parent in a mental health
treatment program;
(8) have experienced domestic violence;
or
(9) have experienced homelessness in
the last 24 months, as defined under the federal McKinney-Vento Homeless
Assistance Act, United States Code, title 42, section 1143a.
(c) Notwithstanding paragraph
(b), beginning July 1, 2025, the commissioner must give highest priority to
applications from children in families with income equal to or less than the
rate specified under subdivision 2, paragraph (a), clause (1), item (i), and
within this group must prioritize children who meet one or more of the criteria
listed in paragraph (b).
(d) The commissioner may prioritize
applications on additional factors, including but not limited to availability
of funding, family income, geographic location, and whether the child's family
is on a waiting list for a publicly funded program providing early education or
child care services.
EFFECTIVE DATE. This section is effective July 1, 2024, except paragraph (b), clause (1), is effective January 1, 2025.
Sec. 13. Minnesota Statutes 2022, section 124D.165, subdivision 3, is amended to read:
Subd. 3. Administration. (a) The commissioner shall establish
application timelines and determine the schedule for awarding scholarships that
meets operational needs of eligible families and programs. The commissioner must give highest priority
to applications from children who:
(1) have a parent under age 21 who is
pursuing a high school diploma or a course of study for a high school
equivalency test;
(2) are in foster care or otherwise in
need of protection or services; or
(3) have experienced homelessness in
the last 24 months, as defined under the federal McKinney-Vento Homeless
Assistance Act, United States Code, title 42, section 11434a.
The commissioner may prioritize
applications on additional factors including family income, geographic
location, and whether the child's family is on a waiting list for a publicly
funded program providing early education or child care services.
(b) (a) The commissioner
shall establish a target for the average scholarship amount per child schedule
of tiered per-child scholarship amounts based on the results of the rate
survey conducted under section 119B.02, subdivision 7, the cost of providing
high-quality early care and learning to children in varying circumstances, a
family's income, and geographic location.
(b) Notwithstanding paragraph (a), a
program that has a four-star rating under section 124D.142 must receive, for
each scholarship recipient who meets the criteria in subdivision 2a, paragraph
(b) or (c), an amount not less than the cost to provide full-time care at the
75th percentile of the most recent market rate survey under section 119B.02,
subdivision 7.
(c) A four-star rated program that has children eligible for a scholarship enrolled in or on a waiting list for a program beginning in July, August, or September may notify the commissioner, in the form and manner prescribed by the commissioner, each year of the program's desire to enhance program services or to serve more children than current funding provides. The commissioner may designate a predetermined number of scholarship slots for that program and notify the program of that number. For fiscal year 2018 and later, the statewide amount of funding directly designated by the commissioner must not exceed the funding directly designated for fiscal year 2017. Beginning July 1, 2016, a school district or Head Start program qualifying under this paragraph may use its established registration process to enroll scholarship recipients and may verify a scholarship recipient's family income in the same manner as for other program participants.
(d) A scholarship is awarded
for a 12-month period. If the
scholarship recipient has not been accepted and subsequently enrolled in a
rated program within ten three months of the awarding of the
scholarship, the scholarship cancels and the recipient must reapply in order to
be eligible for another scholarship. An
extension may be requested if a program is unavailable for the child within the
three-month timeline. A child may
not be awarded more than one scholarship in a 12-month period.
(e) A child who receives a scholarship who has not completed development screening under sections 121A.16 to 121A.19 must complete that screening within 90 days of first attending an eligible program or within 90 days after the child's third birthday if awarded a scholarship under the age of three.
(f) For fiscal year 2017 and later, a school district or Head Start program enrolling scholarship recipients under paragraph (c) may apply to the commissioner, in the form and manner prescribed by the commissioner, for direct payment of state aid. Upon receipt of the application, the commissioner must pay each program directly for each approved scholarship recipient enrolled under paragraph (c) according to the metered payment system or another schedule established by the commissioner.
EFFECTIVE
DATE. This section is
effective July 1, 2024.
Sec. 14. Minnesota Statutes 2022, section 124D.165, subdivision 4, is amended to read:
Subd. 4. Early
childhood program eligibility. (a)
In order to be eligible to accept an early learning scholarship, a program must:
(1) participate in the quality
rating and improvement system under section 124D.142; and.
(2) beginning July 1, 2024, have a
three- or four-star rating in the quality rating and improvement system.
(b) Any program accepting scholarships must use the revenue to supplement and not supplant federal funding.
Sec. 15. Minnesota Statutes 2022, section 124D.165, subdivision 6, is amended to read:
Subd. 6. Early learning scholarship account. (a) An account is established in the special revenue fund known as the "early learning scholarship account."
(b) Funds appropriated for early learning scholarships under this section must be transferred to the early learning scholarship account in the special revenue fund.
(c) Money in the account is annually appropriated to the commissioner for early learning scholarships under this section. Any returned funds are available to be regranted.
(d) Up to $950,000 $2,133,000
annually is appropriated to the commissioner for costs associated with
administering and monitoring early learning scholarships.
(e) The commissioner may use funds
under paragraph (c) for the purpose of family outreach and distribution of
scholarships.
(f) The commissioner may use up to
$5,000,000 in funds under paragraph (c) to create information technology
systems, including but not limited to an online application, a case management
system, attendance tracking, and a centralized payment system. Beginning July 1, 2025, the commissioner may
use up to $750,000 annually in funds under paragraph (c) to maintain the
information technology systems created under this paragraph.
Sec. 16. Minnesota Statutes 2022, section 125A.13, is amended to read:
125A.13
SCHOOL OF PARENTS' CHOICE.
(a) Nothing in this chapter must be construed as preventing parents of a child with a disability from sending the child to a school of their choice, if they so elect, subject to admission standards and policies adopted according to sections 125A.62 to 125A.64 and 125A.66 to 125A.73, and all other provisions of chapters 120A to 129C.
(b) The parent of a student with a
disability not yet enrolled in kindergarten and not open enrolled in a
nonresident district may request that the resident district enter into a
tuition agreement with elect, in the same manner as the parent of a
resident student with a disability, a school in the nonresident district if:
(1) where the child is
enrolled in a Head Start program or a licensed child care setting in the
nonresident district; and, provided
(2) the child can be served in the
same setting as other children in the nonresident district with the same level
of disability.
Sec. 17. DIRECTION
TO COMMISSIONER OF HUMAN SERVICES; ONE-STAR RATING REPORT.
The commissioner of human services must
engage with early care and learning providers to assess how the availability of
a one-star rating under Minnesota Statutes, section 124D.142, subdivision 2,
paragraph (a), clause (1), may impact the number of providers that choose to
work toward higher ratings under Minnesota Statutes, section 124D.142. The commissioner must determine the cost to
establish the one-star rating under Minnesota Statutes, section 124D.142,
subdivision 2, paragraph (a), clause (1), and the extent to which funding is
needed to support quality improvement for providers that seek to earn higher
ratings. By December 31, 2024, the
commissioner must report on findings under this section to the legislative
committees with jurisdiction over early care and learning programs.
Sec. 18. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation or transfer in this
article is enacted more than once during the 2023 regular session, the
appropriation or transfer must be given effect once.
Sec. 19. APPROPRIATION;
GREAT START SCHOLARSHIPS PROGRAM.
$2,610,000 in fiscal year 2024 is
appropriated from the general fund to the commissioner of human services for
establishing and implementing the great start scholarships program under
Minnesota Statutes, section 119C.01. The
commissioner may transfer all or part of the appropriation to the commissioner
of children, youth, and families beginning July 1, 2024. This is a onetime appropriation and is
available until June 30, 2027.
Sec. 20. APPROPRIATIONS;
DEPARTMENT OF EDUCATION.
Subdivision 1. Department
of Education. The sums
indicated in this section are appropriated from the general fund to the
Department of Education for the fiscal years designated.
Subd. 2. Grow
Your Own. (a) For grants to
develop, continue, or expand Grow Your Own programs under Minnesota Statutes,
section 122A.731:
|
|
|
$2,500,000 |
. . . . . |
2024 |
|
|
|
$2,500,000 |
. .
. . . |
2025
|
(b) This appropriation is
subject to the requirements under Minnesota Statutes, section 122A.731,
subdivision 4.
(c) The base for fiscal year 2026 and
later is $500,000.
Subd. 3. Early
childhood and family education teacher shortage. (a) For transfer to the Office of
Higher Education for grants to Minnesota institutions of higher education to
address the early childhood and family education teacher shortage:
|
|
|
$500,000 |
. . . . . |
2024 |
|
|
|
$500,000 |
. . . . . |
2025 |
(b) Grant funds may be used to provide
tuition and other supports to students.
(c) Up to five percent of the grant
amount is available for grant administration and monitoring.
(d) Any balance in the first year does
not cancel but is available in the second year.
Subd. 4. School
readiness. (a) For revenue
for school readiness programs under Minnesota Statutes, sections 124D.15 and 124D.16:
|
|
|
$33,683,000 |
. . . . . |
2024 |
|
|
|
$33,683,000 |
. . . . . |
2025 |
(b) The 2024 appropriation includes
$3,368,000 for 2023 and $30,315,000 for 2024.
(c) The 2025 appropriation includes
$3,368,000 for 2024 and $30,315,000 for 2025.
Subd. 5. Early
learning scholarships. (a)
For the early learning scholarship program under Minnesota Statutes, section
124D.165:
|
|
|
$196,737,000 |
. . . . . |
2024 |
|
|
|
$196,738,000 |
. . . . . |
2025 |
(b) This appropriation is subject to the
requirements under Minnesota Statutes, section 124D.165, subdivision 6.
(c) The base for fiscal year 2026 and
later is $100,173,000.
Subd. 6. Head
Start program. (a) For Head
Start programs under Minnesota Statutes, section 119A.52:
|
|
|
$35,100,000 |
. . . . . |
2024 |
|
|
|
$35,100,000 |
. . . . . |
2025 |
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 7. Early
childhood family education aid. (a)
For early childhood family education aid under Minnesota Statutes, section
124D.135:
|
|
|
$37,497,000 |
. . . . . |
2024 |
|
|
|
$39,108,000 |
. . . . . |
2025 |
(b) The 2024 appropriation includes
$3,518,000 for 2023 and $33,979,000 for 2024.
(c) The 2025 appropriation includes
$3,775,000 for 2024 and $35,333,000 for 2025.
Subd. 8. Early
childhood family education support staff.
(a) For the purposes described under Minnesota Statutes, section
124D.13, subdivision 12a:
|
|
|
$375,000 |
. . . . . |
2024 |
|
|
|
$375,000 |
. . . . . |
2025 |
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 9. Developmental
screening aid. (a) For
developmental screening aid under Minnesota Statutes, sections 121A.17 and
121A.19:
|
|
|
$4,350,000 |
. . . . . |
2024 |
|
|
|
$4,375,000 |
. . . . . |
2025 |
(b) The 2024 appropriation includes
$349,000 for 2023 and $4,001,000 for 2024.
(c) The 2025 appropriation includes
$445,000 for 2024 and $3,930,000 for 2025.
Subd. 10. Administrative
costs for developmental screening. (a)
For the administrative costs associated with developmental screening under
Minnesota Statutes, sections 121A.17 and 121A.19:
|
|
|
$127,000 |
. . . . . |
2024 |
|
|
|
$77,000 |
. . . . . |
2025 |
(b) The base for fiscal year 2026 and
later is $77,000.
Subd. 11. ParentChild+
program. (a) For a grant to
the ParentChild+ program:
|
|
|
$1,800,000 |
. . . . . |
2024 |
|
|
|
$1,800,000 |
. . . . . |
2025 |
(b) The grant must be used for an
evidence-based and research-validated early childhood literacy and school
readiness program for children ages 16 months to four years at its existing
suburban program location. The program
must include urban and rural program locations for fiscal years 2024 and 2025.
(c) Any balance in the first year does
not cancel but is available in the second year.
(d) The base for fiscal year 2026 and
later is $900,000.
Subd. 12. Kindergarten
entry assessment. (a) For the
kindergarten entry assessment under Minnesota Statutes, section 124D.162:
|
|
|
$1,049,000 |
. . . . . |
2024 |
|
|
|
$2,037,000 |
. . . . . |
2025 |
(b) The base for fiscal year 2026 is
$2,357,000 and the base for fiscal year 2027 is $1,743,000.
Subd. 13. Quality
rating and improvement system. (a)
For transfer to the commissioner of human services for the purposes of
expanding the quality rating and improvement system under Minnesota Statutes,
section 124D.142, in greater Minnesota and increasing supports for providers
participating in the quality rating and improvement system:
|
|
|
$2,850,000 |
. . . . . |
2024 |
|
|
|
$1,750,000 |
. .
. . . |
2025
|
(b) The amounts in paragraph
(a) must be in addition to any federal funding under the child care and
development block grant authorized under Public Law 101-508 in that year for
the system under Minnesota Statutes, section 124D.142.
(c) The commissioner of human services shall use up to $1,100,000 in fiscal year 2024 from the amount appropriated under paragraph (a) to establish and report on the automatic one-star rating under Minnesota Statutes, section 124D.142, subdivision 2, paragraph (a), and to offer related supports.
Subd. 14. Children's
savings accounts start-up grants. (a)
For a grant to Youthprise to implement and administer a pilot program to award
grants to entities to start up new, local child savings account programs:
|
|
|
$500,000 |
. . . . . |
2024 |
|
|
|
$0 |
. . . . . |
2025 |
(b) Youthprise must allocate at least
$400,000 of this appropriation for grants to entities in up to four locations
in the state to start up new, local child savings account programs. To the extent possible, Youthprise must award
grants in urban, rural, suburban, and Tribal settings.
(c) By December 1, 2025, Youthprise
must report on the status and any outcomes of the pilot project to the
Department of Education and relevant committees of the legislature.
(d) This is a onetime appropriation and
is available through June 30, 2025.
Subd. 15. Early
childhood programs at Tribal contract schools. (a) For early childhood family
education programs at Tribal contract schools under Minnesota Statutes, section
124D.83, subdivision 4:
|
|
|
$68,000 |
. . . . . |
2024 |
|
|
|
$68,000 |
. . . . . |
2025 |
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 16. Educate
parents partnership. (a) For
the educate parents partnership under Minnesota Statutes, section 124D.129:
|
|
|
$49,000 |
. . . . . |
2024 |
|
|
|
$49,000 |
. . . . . |
2025 |
(b) Any balance in the first year does
not cancel but is available in the second year.
Subd. 17. Home
visiting aid. (a) For home
visiting aid under Minnesota Statutes, section 124D.135:
|
|
|
$391,000 |
. . . . . |
2024 |
|
|
|
$309,000 |
. . . . . |
2025 |
(b) The 2024 appropriation includes
$41,000 for 2023 and $350,000 for 2024.
(c) The 2025 appropriation includes
$38,000 for 2024 and $271,000 for 2025.
Subd. 18. Learning
with Music program. (a) For a
grant to the MacPhail Center for Music to expand the Learning with Music
program:
|
|
|
$250,000 |
. . . . . |
2024 |
|
|
|
$250,000 |
. . . . . |
2025 |
(b) The MacPhail Center for Music must
use the grant money received under this subdivision to:
(1) expand direct programming to four
early childhood center locations in each year of the grant, with a focus on
meeting the needs of children experiencing economic hardship in the
metropolitan area; and
(2) create and deliver professional
development training opportunities to early childhood educators statewide, both
online and in person, that are based on current successful elements of the
Learning with Music program.
(c) Any balance in the first year does
not cancel but is available in the second year.
(d) The base for fiscal year 2026 is
$0.
Subd. 19. Way
to Grow. (a) For a grant to
Way to Grow:
|
|
|
$150,000 |
. . . . . |
2024 |
|
|
|
$150,000 |
. . . . . |
2025 |
(b) Way to Grow must use the grant
money to extend its home visiting services, including family support services,
health and wellness education, and learning support to more families with
children from birth to age eight.
(c) This is a onetime appropriation.
Subd. 20. Reach
Out and Read Minnesota. (a)
For a grant to Reach Out and Read Minnesota to establish a statewide plan that
encourages early childhood development through a network of health care
clinics:
|
|
|
$250,000 |
. . . . . |
2024 |
|
|
|
$250,000 |
. . . . . |
2025 |
(b) The grant recipient must develop
and implement a plan that includes:
(1) integrating children's books and
parent education into well-child visits;
(2) creating literacy-rich environments
at health care clinics by providing books to clinics for visits outside of
Reach Out and Read Minnesota parameters, for waiting room use, or for volunteer
readers to model read-aloud techniques for parents where possible;
(3) working with public health clinics,
federally qualified health centers, Tribal sites, community health centers, and
clinics that belong to health care systems, as well as independent clinics in
underserved areas; and
(4) training medical professionals on
discussing the importance of early literacy with parents of infants, toddlers,
and preschoolers.
(c) The grant recipient must fully
implement the plan on a statewide basis by 2030.
Subd. 21. Executive
function across generations curriculum grant. (a) For a grant to the family
partnership for an executive function curriculum pilot program:
|
|
|
$300,000 |
. . . . . |
2024 |
(b) The family partnership must
establish six sites across Minnesota to provide executive function across
generations curriculum. The sites must
be spread across the state and include rural, suburban, and urban early
education and care providers, organizations providing home visiting services,
or parenting groups in high-risk communities.
The family partnership must report to the legislature by December 15,
2024, and December 15, 2025, on the progress made to expand the executive
function curriculum across Minnesota.
(c) This is a onetime appropriation and
is available until June 30, 2025.
Subd. 22. Metro
Deaf School. (a) For a grant
to Metro Deaf School to provide services to young children who have a primary
disability of deaf, deafblind, or hard-of-hearing and who are not eligible for
funding under Minnesota Statutes, section 124E.11, paragraph (h):
|
|
|
$100,000 |
. . . . . |
2024 |
|
|
|
$100,000 |
. . . . . |
2025 |
(b) This is a onetime appropriation.
Subd. 23. Voluntary
prekindergarten administrative costs.
For administrative and IT costs associated with the voluntary
prekindergarten program under Minnesota Statutes, section 124D.151:
|
|
|
$340,000 |
. . . . . |
2024 |
|
|
|
$691,000 |
. . . . . |
2025 |
Subd. 24. Early
childhood curriculum grants. (a)
For competitive grants to Minnesota postsecondary institutions to improve the
curricula of the recipient institution's early childhood education programs by incorporating
or conforming to the Minnesota knowledge and competency frameworks for early
childhood professionals:
|
|
|
$250,000 |
. . . . . |
2024 |
|
|
|
$250,000 |
. . . . . |
2025 |
(b) By December 1, 2024, and again by
December 1, 2025, the commissioner must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
early childhood through grade 12 education and higher education finance and
policy reporting on grants awarded under this subdivision. The report must include the following
information for the previous fiscal year:
(1) the number of grant applications
received;
(2) the criteria applied by the
commissioner for evaluating applications;
(3) the number of grants awarded, grant
recipients, and amounts awarded;
(4) early childhood education
curricular reforms proposed by each recipient institution;
(5) grant outcomes for each recipient
institution; and
(6) other information
identified by the commissioner as outcome indicators.
(c) The commissioner may use no more
than three percent of the appropriation under this subdivision to administer
the grant program.
(d) This is a onetime appropriation.
Subd. 25. Great
start scholarships program. (a)
For establishing and implementing the great start scholarships program under
Minnesota Statutes, section 119C.01:
|
|
|
$1,656,000 |
. . . . . |
2024 |
|
|
|
$0 |
. . . . . |
2025 |
(b) The commissioner may transfer all or part of the appropriation to the commissioner of children, youth, and families beginning July 1, 2024.
(c) This is a onetime appropriation and is available until June 30, 2027."
Delete the title and insert:
"A bill for an act relating to early childhood; modifying provisions for early learning scholarships, Head Start, and early education programs; providing for early childhood educator programs; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 119A.52; 121A.17, subdivision 3; 121A.19; 124D.13, by adding a subdivision; 124D.141, subdivision 2; 124D.142, subdivision 2; 124D.162; 124D.165, subdivisions 2, 3, 4, 6, by adding a subdivision; 125A.13; proposing coding for new law in Minnesota Statutes, chapter 122A; proposing coding for new law as Minnesota Statutes, chapter 119C."
|
We request the adoption of this report and repassage of the bill. |
|
||
|
House Conferees: Dave Pinto and Maria Isa Pérez-Vega. |
|
||
|
|
|
|
|
|
Senate Conferees: Mary Kunesh and Melissa Wiklund. |
|||
Pinto moved that the report of the
Conference Committee on H. F. No. 2292 be adopted and that the
bill be repassed as amended by the Conference Committee. The motion prevailed.
H. F. No. 2292, A bill for an act relating to early childhood; modifying provisions for early learning scholarships, Head Start, and early education programs; providing for early childhood educator programs; requiring reports; appropriating money; amending Minnesota Statutes 2022, sections 119A.52; 121A.17, subdivision 3; 121A.19; 124D.13, by adding a subdivision; 124D.141, subdivision 2; 124D.162; 124D.165, subdivisions 2, 3, 4, 6; 125A.13; 179A.03, subdivision 18; proposing coding for new law in Minnesota Statutes, chapter 122A.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 71 yeas and 61 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Moller
Nadeau
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
The bill was repassed, as amended by
Conference, and its title agreed to.
MOTIONS AND
RESOLUTIONS, Continued
MOTIONS FOR RECONSIDERATION
Stephenson moved that the vote whereby
H. F. No. 1370, as amended by Conference, was repassed on Friday,
May 12, 2023, be now reconsidered. The
motion prevailed.
Stephenson moved that the vote whereby the
report of the Conference Committee on H. F. No. 1370 was adopted
on Friday, May 12, 2023, be now reconsidered.
The motion prevailed.
Stephenson moved that H. F. No. 1370
be returned to the Conference Committee.
The motion prevailed.
There being no objection, the order of
business reverted to Messages from the Senate.
MESSAGES FROM
THE SENATE
The
following messages were received from the Senate:
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 2950, A bill for an act relating to retirement; making administrative changes to the statutes governing the retirement plans administered by the Minnesota State Retirement System, the Public Employees Retirement Association, and the Teachers Retirement Association; amending eligibility to permit appointed local government
officials to participate in the public employees defined contribution plan; permitting the transfer of service credit from the general public employees retirement plan to the public employees police and fire retirement plan for two employees of the Metropolitan Airports Commission; permitting eligible retired teachers in the St. Paul Teachers Retirement Fund Association to change the teacher's retirement annuity to an annuity that will pay a survivor annuity to a same-sex spouse; authorizing certain members of the higher education individual retirement account plan to elect Teachers Retirement Association coverage and receive retroactive service credit; extending the payment period for the purchase of service credit for periods of military service; increasing the cap on the employer contribution to certain trades' multiemployer pension plans; Public Employees Retirement Association statewide volunteer firefighter plan; modifying service counted in determining vesting in a retirement benefit, amending requirements applicable to a relief association after the affiliated fire department joins the statewide plan, and authorizing the Hamel and Loretto volunteer firefighter relief associations to join the statewide plan mid-year and merge; increasing the dollar threshold for requiring audited financial reports for volunteer firefighter relief associations; amending Minnesota Statutes 2022, sections 352B.08, subdivision 1; 353.01, subdivisions 2a, 2b, 15; 353.0162; 353.031, subdivision 10; 353.32, subdivision 1c; 353D.01, subdivision 2, by adding a subdivision; 353D.02, subdivision 1; 353D.03, subdivision 1; 353E.001, by adding subdivisions; 353E.07, subdivisions 3, 4, 5; 353G.01, subdivisions 8, 15, by adding subdivisions; 353G.06, subdivisions 2, 3; 353G.09, subdivisions 1, 2, by adding a subdivision; 353G.14; 354.06, subdivision 2; 354.53, subdivision 3; 354A.093, subdivision 4; 356.24, subdivision 1; 356.551, subdivision 2; 424A.014, subdivision 1; 490.1211; proposing coding for new law in Minnesota Statutes, chapter 354A; repealing Minnesota Statutes 2022, sections 353.01, subdivision 15a; 353G.01, subdivision 7; 353G.13; 490.124, subdivision 10.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Her moved that the House concur in the
Senate amendments to H. F. No. 2950 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 2950, A bill for an act relating to
retirement; making administrative changes to the statutes governing the
retirement plans administered by the Minnesota State Retirement System, the
Public Employees Retirement Association, and the Teachers Retirement
Association; amending eligibility to permit appointed local government
officials to participate in the public employees defined contribution plan;
permitting the transfer of service credit from the general public employees
retirement plan to the public employees police and fire retirement plan for two
employees of the Metropolitan Airports Commission; permitting eligible retired
teachers in the St. Paul Teachers Retirement Fund Association to change
the teacher's retirement annuity to an annuity that will pay a survivor annuity
to a same-sex spouse; authorizing certain members of the higher education
individual retirement account plan to elect Teachers Retirement Association
coverage and receive retroactive service credit; extending the payment period
for the purchase of service credit for periods of military service; increasing
the cap on the employer contribution to certain trades' multiemployer pension
plans; Public Employees Retirement Association statewide volunteer firefighter
plan; modifying service counted in determining vesting in a retirement benefit,
amending requirements applicable to a relief association after the affiliated
fire department joins the statewide plan, and authorizing the Hamel and Loretto
volunteer firefighter relief associations to join the statewide plan mid-year
and merge; increasing the dollar threshold for requiring audited financial
reports for volunteer firefighter relief associations; amending Minnesota
Statutes 2022, sections 352B.08, subdivision 1; 353.01, subdivisions 2a, 2b,
15; 353.0162; 353.031, subdivision 10; 353.32, subdivision 1c; 353D.01,
subdivision 2, by adding a subdivision; 353D.02, subdivision 1; 353D.03,
subdivision 1; 353E.001, by adding subdivisions; 353E.07, subdivisions 3, 4, 5;
353G.01, subdivisions 8, 15, by adding subdivisions; 353G.06, subdivisions 2,
3; 353G.09, subdivisions 1, 2, by adding a subdivision; 353G.14; 354.06,
subdivision 2; 354.53, subdivision 3; 354A.093, subdivision 4; 356.24, subdivision 1; 356.551,
subdivision 2; 424A.014, subdivision 1; 490.1211; proposing coding for new law
in Minnesota Statutes, chapter 354A; repealing Minnesota Statutes 2022,
sections 353.01, subdivision 15a; 353G.01, subdivision 7; 353G.13; 490.124, subdivision
10.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
The bill was repassed, as amended by the
Senate, and its title agreed to.
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1234, A bill for an act relating to labor; modifying peace officer and firefighter duty disability provisions; requiring a report; appropriating money; amending Minnesota Statutes 2022, sections 299A.42; 299A.465, subdivision 4, by adding a subdivision; 352B.011, by adding a subdivision; 352B.10, subdivisions 1, 2a, 4, by adding a subdivision; 352B.101; 352B.105, subdivision 1; 353.01, subdivision 47; 353.031, subdivisions 1, 3, 4, 8, 9, by adding a subdivision; 353.335; 353.656, subdivisions 1, 1a, 1b, 3, 3a, 4, 6a, 10; proposing coding for new law in Minnesota Statutes, chapters 352B; 353; 626; repealing Minnesota Statutes 2022, section 353.656, subdivisions 2, 2a.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE AND REPASSAGE
Her moved that the House concur in the
Senate amendments to H. F. No. 1234 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1234, A bill for an act relating to
labor; modifying peace officer and firefighter duty disability provisions;
requiring a report; appropriating money; amending Minnesota Statutes 2022,
sections 299A.42; 299A.465, subdivision 4; 352B.011, subdivision 10, by adding
a subdivision; 352B.10, subdivisions 1, 2a, 4, by adding a subdivision;
352B.101; 352B.105, subdivision 1; 353.01, subdivision 47; 353.031,
subdivisions 1, 3, 4, 8, 9; 353.335; 353.656, subdivisions 1, 1a, 1b, 3, 3a, 4,
6a, 10; proposing coding for new law in Minnesota Statutes, chapters 352B; 353;
626; repealing Minnesota Statutes 2022, section 353.656, subdivisions 2, 2a.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 78 yeas and 54 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Anderson, P. E.
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
Moller
Mueller
Myers
Nadeau
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
Those who voted in the negative were:
Altendorf
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Kresha
McDonald
Mekeland
Murphy
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
The bill was repassed, as amended by the
Senate, and its title agreed to.
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1486, A bill for an act relating to human services; allowing supervised practice of alcohol and drug counseling by former students for limited time; modifying HIV training requirements in substance use disorder treatment programs; modifying withdrawal management license requirements; modifying substance use disorder treatment client record documentation requirements; amending Minnesota Statutes 2022, sections 148F.11, by adding a subdivision; 245A.19; 245F.04, subdivision 1; 245G.06, subdivision 2b.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Frederick moved that the House concur in
the Senate amendments to H. F. No. 1486 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1486, A bill for an act relating to
human services; allowing supervised practice of alcohol and drug counseling by
former students for limited time; modifying HIV training requirements in
substance use disorder treatment programs; modifying withdrawal management
license requirements; modifying substance use disorder treatment client record
documentation requirements; amending Minnesota Statutes 2022, sections 148F.01,
by adding a subdivision; 148F.11, by adding a subdivision; 245A.19; 245F.04,
subdivision 1; 245G.06, subdivision 2b.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
The bill was repassed, as amended by the
Senate, and its title agreed to.
Madam Speaker:
I hereby announce the passage by the Senate of the following House File, herewith returned, as amended by the Senate, in which amendments the concurrence of the House is respectfully requested:
H. F. No. 1403, A bill for an act relating to human services; modifying and establishing laws regarding aging, disability, behavioral health, substance use disorder, and statewide opioid litigation; amending Minnesota Statutes 2022, sections 3.757, subdivision 1; 62N.25, subdivision 5; 62Q.1055; 62Q.47; 169A.70, subdivisions 3, 4; 245.462, subdivisions 3, 12; 245.4711, subdivisions 3, 4; 245.477; 245.4835, subdivision 2; 245.4871, subdivisions 3, 19; 245.4873, subdivision 4; 245.4881, subdivisions 3, 4; 245.4885, subdivision 1; 245.4887; 245.50, subdivision 5; 245A.03, subdivision 7; 245A.043, subdivision 3; 245A.16, subdivision 1; 245D.03, subdivision 1; 245F.06, subdivision 2; 245G.01, by adding subdivisions; 245G.02, subdivision 2; 245G.05, subdivision 1, by adding a subdivision; 245G.06, subdivisions 1, 3, 4, by adding subdivisions; 245G.07, subdivision 2; 245G.09, subdivision 3; 245G.11, subdivision 8; 245G.22, subdivisions 2, 15, 17; 245I.04, by adding subdivisions; 245I.10, subdivision 6; 246.0135; 254A.03, subdivision 3; 254A.035, subdivision 2; 254A.19, subdivisions 1, 3, 4, by adding subdivisions; 254B.01, subdivisions 5, 8, by adding subdivisions; 254B.03, subdivisions 1, 2, 5; 254B.04, subdivisions 1, 2a, by adding subdivisions; 254B.05, subdivisions 1, 1a, 5; 256.01, by adding a subdivision; 256.045, subdivision 3; 256B.0615, subdivisions 1, 5; 256B.0911, subdivision 23; 256B.092, subdivision 10; 256B.093, subdivision 1; 256B.439, subdivisions 3c, 3d, by adding a subdivision; 256B.492; 256B.493, subdivisions 2a, 4; 256D.09, subdivision 2a; 256L.03, subdivision 2; 256L.12, subdivision 8; 256S.202, subdivision 1; 260B.157, subdivisions 1, 3; 260C.157, subdivision 3; 260E.20, subdivision 1; 299A.299, subdivision 1; 524.5-104; 524.5-313; Laws 2021, First Special Session chapter 7, article 2, section 17; article 6, section 12; article 11, section 18; article 13, section 43; article 17, section 20; Laws 2022, chapter 98, article 4, section 37; proposing coding for new law in Minnesota Statutes, chapter 254B; repealing Minnesota Statutes 2022, sections 169A.70, subdivision 6; 245G.05, subdivision 2; 245G.06, subdivision 2; 245G.22, subdivision 19; 254A.02, subdivision 8a; 254A.16, subdivision 6; 254A.19, subdivisions 1a, 2, 5; 254B.04, subdivisions 2b, 2c; 254B.041, subdivision 2; 254B.13, subdivisions 1, 2, 2a, 4, 5, 6, 7, 8; 254B.16; 256.041, subdivision 10; 256B.49, subdivision 23; 260.835, subdivision 2; Minnesota Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a, 19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5, 6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart 1; 9530.7025; 9530.7030, subpart 1.
Thomas S. Bottern, Secretary of the Senate
CONCURRENCE
AND REPASSAGE
Fischer moved that the House concur in the
Senate amendments to H. F. No. 1403 and that the bill be
repassed as amended by the Senate. The
motion prevailed.
H. F. No. 1403, A bill for an act relating to
human services; modifying and establishing laws regarding aging, disability,
behavioral health, substance use disorder, and statewide opioid litigation;
amending Minnesota Statutes 2022, sections 3.757, subdivision 1; 62N.25,
subdivision 5; 62Q.1055; 62Q.47; 169A.70, subdivisions 3, 4; 245.462,
subdivisions 3, 12; 245.4711, subdivisions 3, 4; 245.477; 245.4835, subdivision
2; 245.4871, subdivisions 3, 19; 245.4873, subdivision 4;
245.4881, subdivisions 3, 4; 245.4885, subdivision 1; 245.4887; 245.50,
subdivision 5; 245A.03, subdivision 7; 245A.043, subdivision 3; 245A.16,
subdivision 1; 245D.03, subdivision 1; 245F.06, subdivision 2; 245G.01, by
adding subdivisions; 245G.02, subdivision 2; 245G.05, subdivision 1, by adding
a subdivision; 245G.06, subdivisions 1, 3, 4, by adding subdivisions; 245G.07,
subdivision 2; 245G.09, subdivision 3; 245G.11, subdivision 8; 245G.22,
subdivisions 2, 15, 17; 245I.04, by adding subdivisions; 245I.10, subdivision
6; 246.0135; 254A.03, subdivision 3; 254A.035, subdivision 2; 254A.19,
subdivisions 1, 3, 4, by adding subdivisions; 254B.01, subdivisions 5, 8, by
adding subdivisions; 254B.03, subdivisions 1, 2, 5; 254B.04, subdivisions 1,
2a, by adding subdivisions; 254B.05, subdivisions 1, 1a, 5; 256.01, by adding a
subdivision; 256.045, subdivision 3; 256B.0615, subdivisions 1, 5; 256B.0911,
subdivision 23; 256B.092, subdivision 10; 256B.093, subdivision 1; 256B.439,
subdivisions 3c, 3d, by adding a subdivision; 256B.492; 256B.493, subdivisions
2a, 4; 256D.09, subdivision 2a; 256L.03, subdivision 2; 256L.12, subdivision 8;
256S.202, subdivision 1; 260B.157, subdivisions 1, 3; 260C.157, subdivision 3;
260E.20, subdivision 1; 299A.299, subdivision 1; 524.5-104; 524.5-313; Laws
2021, First Special Session chapter 7, article 2, section 17; article 6,
section 12; article 11, section 18; article 13, section 43; article 17, section
20; Laws 2022, chapter 98, article 4, section 37; proposing coding for new law
in Minnesota Statutes, chapter 254B; repealing Minnesota Statutes 2022,
sections 169A.70, subdivision 6; 245G.05, subdivision 2; 245G.06, subdivision
2; 245G.22, subdivision 19; 254A.02, subdivision 8a; 254A.16, subdivision 6;
254A.19, subdivisions 1a, 2, 5; 254B.04, subdivisions 2b, 2c; 254B.041,
subdivision 2; 254B.13, subdivisions 1, 2, 2a, 4, 5, 6, 7, 8; 254B.16; 256.041,
subdivision 10; 256B.49, subdivision 23; 260.835, subdivision 2; Minnesota
Rules, parts 9530.7000, subparts 1, 2, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 17a,
19, 20, 21; 9530.7005; 9530.7010; 9530.7012; 9530.7015, subparts 1, 2a, 4, 5,
6; 9530.7020, subparts 1, 1a, 2; 9530.7021; 9530.7022, subpart 1; 9530.7025;
9530.7030, subpart 1.
The bill was read for the third time, as
amended by the Senate, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 132 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Urdahl
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
The bill was repassed, as amended by the
Senate, and its title agreed to.
Long moved that the House recess subject to the call of
the Chair. The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Cha and Her were excused between the hours
of 3:45 p.m. and 4:10 p.m.
MESSAGES FROM
THE SENATE, Continued
The
following message was received from the Senate:
Madam Speaker:
I hereby announce that the Senate has concurred in and adopted the report of the Conference Committee on:
S. F. No. 2909.
The Senate has repassed said bill in accordance with the recommendation and report of the Conference Committee. Said Senate File is herewith transmitted to the House.
Thomas S. Bottern, Secretary of the Senate
CONFERENCE COMMITTEE REPORT ON S. F. No. 2909
A bill for an act relating to state government; providing for certain judiciary, public safety, corrections, human rights, firearm, clemency, rehabilitation and reinvestment, supervised release board, expungement, community supervision, and 911 Emergency Communication System policy; providing for reports; authorizing rulemaking; appropriating money for judiciary, courts, civil legal services, Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board of Public Defense, human rights, sentencing guidelines, public safety, emergency management, criminal apprehension, fire marshal, firefighters, Office of Justice programs, Peace Officer Standards and Training Board, Private Detective Board, corrections, incarceration and release, probation, juveniles, and Ombudsperson for Corrections; amending Minnesota Statutes 2022, sections 13.072, subdivision 1; 13.825, subdivision 3; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2; 144.6586, subdivision 2; 145.4712; 152.01, by adding a subdivision; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.18, subdivision 1; 181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021, subdivision 1d; 243.05, subdivision 1; 244.03; 244.05, subdivisions 1b, 2, 3, 4, 5, by adding a subdivision; 244.052, subdivision 4a; 244.101, subdivision 1; 244.19, subdivisions 1, 5; 244.195, subdivisions 1, 2, by adding subdivisions; 244.20; 244.21; 297I.06, subdivision 1; 299A.38; 299A.41, subdivisions 3, 4, by adding a subdivision; 299A.52; 299A.642, subdivision 15; 299A.73, by adding a subdivision; 299C.10, subdivision 1; 299C.106, subdivision 3; 299C.11, subdivision 3; 299C.111; 299C.17; 299C.53, subdivision 3; 299N.02, subdivision 3; 326.32, subdivision 10; 326.3381, subdivision 3; 357.021, subdivision 2; 363A.06, subdivision 1; 401.01; 401.02; 401.025, subdivision 1;
401.06; 401.09; 401.10; 401.11; 401.14, subdivision 3; 401.16; 403.02, subdivisions 7, 9a, 11b, 16a, 17, 17c, 18, 19, 19a, 20, 20a, 21, by adding subdivisions; 403.025; 403.03, subdivision 2; 403.05; 403.06; 403.07; 403.08; 403.09, subdivision 2; 403.10, subdivisions 2, 3; 403.11; 403.113; 403.15, subdivisions 1, 2, 3, 4, 5, 6, by adding a subdivision; 609.05, by adding a subdivision; 609.106, subdivision 2, by adding a subdivision; 609.11, subdivision 8, by adding a subdivision; 609.14, subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233; 609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.527, subdivision 1, by adding a subdivision; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a, 2; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3; 609A.03, subdivisions 5, 7a, 9; 611.23; 611A.03, subdivision 1; 611A.211, subdivision 1; 611A.31, subdivisions 2, 3, by adding a subdivision; 611A.32; 626.15; 626.5531, subdivision 1; 626.843, by adding a subdivision; 626.8451, subdivision 1; 626.8469, subdivision 1; 626.8473, subdivision 3; 638.01; 641.15, subdivision 2; 641.155; Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 243; 244; 299A; 299C; 401; 609; 609A; 626; 638; repealing Minnesota Statutes 2022, sections 244.18; 244.19, subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 299C.80, subdivision 7; 403.02, subdivision 13; 403.09, subdivision 3; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08.
May 11, 2023
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Melissa Hortman
Speaker of the House of Representatives
We, the undersigned conferees for S. F. No. 2909 report that we have agreed upon the items in dispute and recommend as follows:
That the House recede from its amendments and that S. F. No. 2909 be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
JUDICIARY APPROPRIATIONS
|
Section 1. APPROPRIATIONS. |
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second year"
is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the
Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
|
2024 |
2025 |
|
Sec. 2. SUPREME
COURT |
|
|
|
|
|
Subdivision 1. Total
Appropriation |
|
$80,141,000 |
|
$82,624,000 |
The amounts that may be spent
for each purpose are specified in the following subdivisions.
|
Subd. 2.
Supreme Court Operations |
|
46,581,000 |
|
49,064,000 |
(a) Contingent Account
$5,000 each year is for a
contingent account for expenses necessary for the normal operation of the court
for which no other reimbursement is provided.
(b) Justices' Compensation
Justices' compensation is
increased by eight percent in the first year and four percent in the second
year.
|
Subd. 3. Civil
Legal Services |
|
33,560,000 |
|
33,560,000 |
The general fund base is $34,167,000 beginning in fiscal year 2026.
Legal Services to Low-Income Clients in Family Law Matters
$1,017,000 each year is to
improve the access of low-income clients to legal representation in family law
matters. This appropriation must be
distributed under Minnesota Statutes, section 480.242, to the qualified legal
services program described in Minnesota Statutes, section 480.242, subdivision
2, paragraph (a). Any unencumbered
balance remaining in the first year does not cancel and is available in the
second year.
|
Sec. 3. COURT
OF APPEALS |
|
$14,559,000 |
|
$15,259,000 |
Judges' Compensation
Judges' compensation is
increased by eight percent in the first year and four percent in the second
year.
|
Sec. 4. DISTRICT
COURTS |
|
$370,910,000 |
|
$381,590,000 |
(a) Judges' Compensation
Judges' compensation is
increased by eight percent in the first year and four percent in the second
year.
(b) Court Case Backlog
$4,200,000 the first year is
to address the court case backlog.
(c) Mandated Psychological Services
$1,500,000 each year is for
mandated psychological services. This is
a onetime appropriation.
(d) New Treatment Courts
$422,000 each year is to
fund four new treatment courts.
(e) Courtroom Technology Enhancements
$7,400,000 the first year
is for courtroom technology enhancements.
(f) Law Clerk Salary
$2,033,000 each year is to
increase district court law clerks' salaries.
Notwithstanding Minnesota Statutes, section 16A.285, the court must not
transfer this appropriation.
(g) Interpreter Pay
$200,000 each year is to
fund the increase in the hourly fee paid to contract interpreters.
(h) Extreme Risk Protection Orders
$91,000 the first year and
$182,000 the second year are to implement the provisions of article 14.
|
Sec. 5. GUARDIAN
AD LITEM BOARD |
|
$24,358,000 |
|
$25,620,000 |
|
Sec. 6. TAX
COURT |
|
$2,133,000 |
|
$2,268,000 |
|
Sec. 7. UNIFORM
LAWS COMMISSION |
|
$115,000 |
|
$115,000 |
|
Sec. 8. BOARD
ON JUDICIAL STANDARDS |
|
$655,000 |
|
$645,000 |
(a) Availability of Appropriation
If the appropriation for
either year is insufficient, the appropriation for the other fiscal year is
available.
(b) Major Disciplinary Actions
$125,000 each year is for
special investigative and hearing costs for major disciplinary actions
undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain available for these expenditures
through June 30, 2027.
|
Sec. 9. BOARD
OF PUBLIC DEFENSE |
|
$154,884,000 |
|
$164,360,000 |
|
Sec. 10. HUMAN
RIGHTS |
|
$8,048,000 |
|
$8,429,000 |
The general fund base is
$8,909,000 beginning in fiscal year 2026.
(a) Civil Rights Enforcement
$1,500,000 each year is for
increased civil rights enforcement. The
base for this appropriation is $2,000,000 in fiscal year 2026 and thereafter.
(b) Mediator Payments
$20,000 each year is to
fund payments to mediators. This
appropriation is onetime and is available through June 30, 2027.
(c) Report on Civil Rights Trends
$395,000 the first year and
$250,000 the second year are to analyze and report on civil rights trends in
Minnesota.
|
Sec. 11. OFFICE
OF APPELLATE COUNSEL AND TRAINING |
$659,000 |
|
$1,560,000 |
Establishment and Operations
$659,000 the first year and
$1,560,000 the second year are for establishment and operation of the Statewide
Office of Appellate Counsel and Training as described in Minnesota Statutes,
section 260C.419, and to provide support for the State Board of Appellate
Counsel and Training.
|
Sec. 12. DEPARTMENT
OF HUMAN SERVICES |
|
$1,500,000 |
|
$-0- |
Child Advocacy Center
$1,500,000 the first year
is for a grant to First Witness Child Advocacy Center for the acquisition and
improvement of properties located at 1402, 1406, and 1412 East 2nd Street in
the city of Duluth. This appropriation
includes money for demolition of the building located at 1412 East 2nd Street
and construction of a parking lot, and for renovation, furnishing, and
equipping of the buildings located at 1402 and 1406 East 2nd Street as a
training center and a child advocacy center.
These funds are available until June 30, 2027.
Sec. 13. Minnesota Statutes 2022, section 611.58, as amended by Laws 2023, chapter 14, section 34, is amended to read:
611.58 COMPETENCY ATTAINMENT CURRICULUM AND CERTIFICATION.
Subdivision 1. Curriculum. (a) By January October 1,
2023, the board must recommend a competency attainment curriculum to educate
and assist defendants found incompetent in attaining the ability to:
(1) rationally consult with counsel;
(2) understand the proceedings; and
(3) participate in the defense.
(b) The curriculum must be flexible enough to be delivered in community and correctional settings by individuals with various levels of education and qualifications, including but not limited to professionals in criminal justice, health care, mental health care, and social services. The board must review and update the curriculum as needed.
Subd. 2. Certification
and distribution. By January October
1, 2023, the board must develop a process for certifying individuals to deliver
the competency attainment curriculum and make the curriculum available to every
competency attainment program and forensic navigator in the state. Each competency attainment program in the
state must use the competency attainment curriculum under this section as the
foundation for delivering competency attainment education and must not
substantially alter the content.
Sec. 14. Laws 2022, chapter 99, article 1, section 50, is amended to read:
Sec. 50. EFFECTIVE
DATE.
Sections 26 to 37 are
effective July April 1, 2023 2024, and apply to
competency determinations initiated on or after that date.
Sec. 15. Laws 2022, chapter 99, article 3, section 1, as amended by Laws 2023, chapter 14, section 36, is amended to read:
Section 1. APPROPRIATION
BASE ESTABLISHED; COMPETENCY ATTAINMENT.
Subdivision 1. Department of Corrections. The general fund appropriation base for the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year 2025 for correctional facilities inspectors.
Subd. 2. District
courts. The general fund
appropriation base for the district courts is $5,042,000 $1,500,000
in fiscal year 2024 and $5,042,000 in fiscal
year 2025 for costs associated with additional competency examination costs.
Subd. 3. State
Competency Attainment Board. The
general fund appropriation base for the State Competency Attainment Board is $11,350,000
$3,515,000 in fiscal year 2024 and $10,900,000 in fiscal year 2025 for
staffing and other costs needed to establish and perform the duties of the
State Competency Attainment Board, including providing educational services
necessary to assist defendants in attaining competency, or contracting or
partnering with other organizations to provide those services.
ARTICLE 2
PUBLIC SAFETY APPROPRIATIONS
|
Section 1. APPROPRIATIONS. |
The sums shown in the
columns marked "Appropriations" are appropriated to the agencies and
for the purposes specified in this article.
The appropriations are from the general fund, or another named fund, and
are available for the fiscal years indicated for each purpose. The figures "2024" and
"2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year"
is fiscal year 2024. "The second year"
is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
Appropriations for the fiscal year ending June 30, 2023, are effective
the day following final enactment.
|
|
|
|
APPROPRIATIONS |
|
|
|
|
|
Available for the Year |
|
|
|
|
|
Ending June 30 |
|
|
|
|
2023 |
2024 |
2025 |
|
Sec. 2. SENTENCING
GUIDELINES |
|
$1,549,000 |
|
$1,488,000 |
(a) Analysis of Sentencing-Related Data
$125,000 the first year and
$124,000 the second year are to expand analysis of sentencing-related data.
(b) Small Agency Resource Team (SmART)
$50,000 each year is for
the commission's accounting, budgeting, and human resources to be provided by
the Department of Administration's small agency resource team.
(c) Court Information System Integration
$340,000 the first year and
$348,000 the second year are to fully integrate the Sentencing Guidelines
information systems with the Minnesota Criminal Information System (MNCIS). The base for this appropriation is $78,000
beginning in fiscal year 2026.
(d) Comprehensive Review of the Guidelines
$243,000 the first year and
$147,000 the second year are to begin a comprehensive review of the Sentencing
Guidelines. This is a onetime
appropriation.
|
Sec. 3. PUBLIC
SAFETY |
|
|
|
|
|
Subdivision 1. Total Appropriation |
$1,000,000 |
|
$333,079,000 |
|
$292,622,000 |
|
Appropriations by Fund |
|||
|
|
2023 |
2024 |
2025 |
|
General |
1,000,000 |
235,025,000 |
201,039,000 |
|
Special Revenue
|
|
20,074,000 |
20,327,000 |
|
State
Government Special Revenue |
|
103,000 |
103,000 |
|
Environmental |
|
119,000 |
127,000 |
|
Trunk Highway |
|
2,429,000 |
2,429,000 |
|
911 Fund |
|
75,329,000 |
68,597,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Public Safety Administration |
1,000,000 |
|
2,250,000 |
|
2,000,000 |
(a) Public Safety Officer Survivor Benefits
$1,000,000 in fiscal year
2023, $1,000,000 in fiscal year 2024, and $1,000,000 in fiscal year 2025 are
for payment of public safety officer survivor benefits under Minnesota
Statutes, section 299A.44. If the
appropriation for either year is insufficient, the appropriation for the other
year is available.
(b) Soft Body Armor Reimbursements
$1,000,000 each year is for
increases in the base appropriation for soft body armor reimbursements under
Minnesota Statutes, section 299A.38. This
is a onetime appropriation.
(c) Firearm Storage Grants
$250,000 the first year is
for grants to local or state law enforcement agencies to support the safe and
secure storage of firearms owned by persons subject to extreme risk protection
orders. The commissioner must apply for
a grant from the Byrne State Crisis Intervention Program to supplement the
funds appropriated by the legislature for implementation of Minnesota Statutes,
sections 624.7171 to 624.7178 and 626.8481.
Of the federal funds received, the commissioner must dedicate at least
an amount that is equal to this appropriation to fund safe and secure firearms
storage grants provided for under this paragraph.
|
Subd. 3. Emergency
Management |
|
7,330,000 |
|
4,417,000 |
|
Appropriations by Fund |
||
|
General |
7,211,000 |
4,290,000 |
|
Environmental |
119,000 |
127,000 |
(a) Supplemental Nonprofit Security Grants
$250,000 each year is for supplemental
nonprofit security grants under this paragraph.
This appropriation is onetime.
Nonprofit organizations
whose applications for funding through the Federal Emergency Management
Agency's nonprofit security grant program have been approved by the Division of
Homeland Security and Emergency Management are eligible for grants under this paragraph. No additional application shall be required
for grants under this paragraph, and an application for a grant from the
federal program is also an application for funding from the state supplemental
program.
Eligible organizations may
receive grants of up to $75,000, except that the total received by any
individual from both the federal nonprofit security grant program and the state
supplemental nonprofit security grant program shall not exceed $75,000. Grants shall be awarded in an order
consistent with the ranking given to applicants for the federal nonprofit
security grant program. No grants under
the state supplemental nonprofit security grant program shall be awarded until
the announcement of the recipients and the amount of the grants awarded under
the federal nonprofit security grant program.
This is a onetime appropriation.
(b) Emergency Preparedness Staff
$550,000 each year is for additional
emergency preparedness staff members.
(c) Lake Superior Chippewa Tribal Emergency
Management Coordinator
$145,000 each year is for a
grant to the Grand Portage Band of Lake Superior Chippewa to establish and
maintain a Tribal emergency management coordinator under Minnesota Statutes,
section 12.25.
(d) Grand Portage Band of Lake Superior
Chippewa Tribe Coast Guard Services
$3,000,000 the first year
is for a grant to the Grand Portage Band of Lake Superior Chippewa to purchase
equipment and fund a position for coast guard services off the north shore of
Lake Superior.
|
Subd. 4. Criminal Apprehension |
123,122,000 |
|
106,870,000 |
|
Appropriations by Fund |
||
|
General |
120,686,000 |
104,434,000 |
|
State
Government Special Revenue |
7,000 |
7,000 |
|
Trunk Highway |
2,429,000 |
2,429,000 |
The annual base from the
general fund is $104,303,000 beginning in fiscal year 2026.
(a) DWI Lab Analysis; Trunk Highway Fund
Notwithstanding Minnesota
Statutes, section 161.20, subdivision 3, $2,429,000 the first year and
$2,429,000 the second year are from the trunk highway fund for staff and
operating costs for laboratory analysis related to driving-while-impaired
cases.
(b) Use of Force Investigations
$4,419,000 each year is for
operation of the independent Use of Force Investigations Unit pursuant to
Minnesota Statutes, section 299C.80.
(c) FBI Compliance, Critical IT
Infrastructure, and Cybersecurity Upgrades
$10,550,000 the first year
and $2,737,000 the second year are for cybersecurity investments, critical
infrastructure upgrades, and Federal Bureau of Investigation audit compliance. This appropriation is available through June
30, 2027.
(d) Expungement-Related Costs
$3,737,000 the first year
and $190,000 the second year are for costs associated with the changes to
expungement law made in this act.
(e) Violent Crime Reduction Strategy
$9,325,000 each year is for
violent crime reduction, including forensics, and analytical and operational
support.
(f) Investigative Partnerships
$6,000,000 the first year
is to fund partnerships among local, state, and federal agencies. This appropriation is available until June
30, 2027.
(g) Firearm Eligibility Background Checks
$70,000 the first year is
to purchase and integrate information technology hardware and software
necessary to process additional firearms eligibility background checks.
(h) Human Trafficking Task Force
$1,800,000 each year is for
staff and operating costs to support the Bureau of Criminal Apprehension-led
Minnesota Human Trafficking Investigator's Task Force.
(i) Report on Fusion Center Activities
$115,000 each year is for
the report required under Minnesota Statutes, section 299C.055. This is a onetime appropriation.
(j) Decrease Forensic Evidence Turnaround
$4,500,000 the first year
and $3,500,000 the second year are to decrease turnaround times for forensic
processing of evidence in criminal investigations for state and local law
enforcement partners.
Additional staff and supplies
funded under this provision are intended, among other purposes, to reduce the
backlog in sexual assault examination kit testing, to prevent the development
of any future backlogs in testing sexual assault examination kits, and to
provide survivors access to the status of the testing of their exam kits via
the relevant exam testing tracking systems.
By January 1, 2025, and each year thereafter, the commissioner must
submit a report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety
finance and policy on the use of these funds in the previous fiscal year. The report must: (1) include the data necessary to understand
sexual assault examination kit testing times; and (2) identify the barriers to
testing all sexual assault examination kits within 90 days of receipt by the
laboratory in the preceding year and in the upcoming year.
|
Subd. 5. Fire
Marshal |
|
17,013,000 |
|
17,272,000 |
|
Appropriations by Fund |
||
|
General |
4,184,000 |
4,190,000 |
|
Special Revenue
|
12,829,000 |
13,082,000 |
The special revenue fund
appropriation is from the fire safety account in the special revenue fund and
is for activities under Minnesota Statutes, section 299F.012. The base appropriation for this account is
$13,182,000 in fiscal year 2026 and $13,082,000 in fiscal year 2027.
(a) Hazardous Materials and Emergency
Response Teams
$1,695,000 the first year
and $1,595,000 the second year are from the fire safety account for hazardous
materials and emergency response teams. The
base for these purposes is $1,695,000 in the first year of future biennia and
$1,595,000 in the second year of future biennia.
(b) Bomb Squad Reimbursements
$250,000 from the fire
safety account and $50,000 from the general fund each year are for
reimbursements to local governments for bomb squad services.
(c) Nonresponsible Party Reimbursements
$750,000 each year from the
fire safety account is for nonresponsible party hazardous material and bomb
squad incident reimbursements. Money
appropriated for this purpose is available for one year.
(d) Hometown Heroes Assistance Program
$4,000,000 each year from
the general fund is for grants to the Minnesota Firefighter Initiative to fund
the hometown heroes assistance program established in Minnesota Statutes,
section 299A.477.
|
Subd. 6. Firefighter
Training and Education Board |
|
7,175,000 |
|
7,175,000 |
|
Appropriations by Fund |
||
|
Special Revenue
|
7,175,000 |
7,175,000 |
The special revenue fund
appropriation is from the fire safety account in the special revenue fund and
is for activities under Minnesota Statutes, section 299F.012.
|
(a) Firefighter Training and Education |
|
|
|
|
$5,500,000 each year from
the fire safety account is for firefighter training and education.
(b) Task Force 1
$1,125,000 each year is for
the Minnesota Task Force 1.
(c) Task Force 2
$200,000 each year is for
Minnesota Task Force 2.
(d) Air Rescue
$350,000 each year is for
the Minnesota Air Rescue Team.
|
(e) Unappropriated Revenue |
|
|
|
|
Any additional
unappropriated money collected in fiscal year 2023 is appropriated to the
commissioner of public safety for the purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between activities in this subdivision.
|
Subd. 7. Alcohol and Gambling Enforcement |
4,102,000 |
|
3,857,000 |
|
Appropriations by Fund |
||
|
General |
4,032,000 |
3,787,000 |
|
Special Revenue
|
70,000 |
70,000 |
(a) $70,000 each year is
from the lawful gambling regulation account in the special revenue fund.
(b) $600,000 the first year
and $100,000 the second year are for enforcement information technology
improvements.
|
Subd. 8. Office
of Justice Programs |
|
94,758,000 |
|
80,434,000 |
|
Appropriations by Fund |
||
|
General |
94,662,000 |
80,338,000 |
|
State Government Special Revenue |
96,000 |
96,000 |
(a) Domestic and Sexual Violence Housing
$1,500,000 each year is to
establish a Domestic Violence Housing First grant program to provide resources
for survivors of violence to access safe and stable housing and for staff to
provide mobile advocacy and expertise in housing resources in their community
and a Minnesota Domestic and Sexual Violence Transitional Housing program to
develop and support medium to long term transitional housing for survivors of
domestic and sexual violence with supportive services. The base for this appropriation is $1,000,000
beginning in fiscal year 2026.
(b) Federal Victims of Crime Funding Gap
$11,000,000 each year is to
fund services for victims of domestic violence, sexual assault, child abuse,
and other crimes. This is a onetime
appropriation.
(c) Office for Missing and Murdered Black
Women and Girls
$1,248,000 each year is to
establish and maintain the Minnesota Office for Missing and Murdered Black
Women and Girls.
(d) Increased Staffing
$667,000 the first year and
$1,334,000 the second year are to increase staffing in the Office of Justice
Programs for grant monitoring and compliance; provide training and technical
assistance to grantees and potential grantees; conduct community
outreach and engagement to
improve the experiences and outcomes of applicants, grant recipients, and crime
victims throughout Minnesota; expand the Minnesota Statistical Analysis Center;
and increase staffing for the crime victim reimbursement program and the Crime
Victim Justice Unit.
(e) Office of Restorative Practices
$500,000 each year is to
establish and maintain the Office of Restorative Practices.
(f) Crossover and Dual-Status Youth Model
Grants
$1,000,000 each year is to
provide grants to local units of government to initiate or expand crossover
youth practices model and dual-status youth programs that provide services for
youth who are involved with or at risk of becoming involved with both the child
welfare and juvenile justice systems, in accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice model. This is a onetime appropriation.
(g) Restorative Practices Initiatives Grants
$4,000,000 each year is for
grants to establish and support restorative practices initiatives pursuant to
Minnesota Statutes, section 299A.95, subdivision 6. The base for this appropriation is $2,500,000
beginning in fiscal year 2026.
(h) Ramsey County Youth Treatment Homes
Acquisition and Betterment
$5,000,000 the first year
is for a grant to Ramsey County to establish, with input from community
stakeholders, including impacted youth and families, up to seven intensive
trauma‑informed therapeutic treatment homes in Ramsey County that are
licensed by the Department of Human Services, that are culturally specific,
that are community-based, and that can be secured. These residential spaces must provide
intensive treatment and intentional healing for youth as ordered by the court
as part of the disposition of a case in juvenile court.
(i) Ramsey County Violence Prevention
$5,000,000 the first year
is for a grant to Ramsey County to award grants to develop new and further
enhance existing community-based organizational support through violence
prevention and community wellness grants.
Grantees must use the money to create family support groups and
resources to support families during the time a young person is placed out of
home following a juvenile delinquency adjudication and support the family
through the period of postplacement reentry; create community-based
respite options for conflict or
crisis de-escalation to prevent incarceration or further systems involvement
for families; or establish additional meaningful employment opportunities for
systems-involved youth. This
appropriation is available through June 30, 2027.
(j) Office for Missing and Murdered Indigenous Relatives
$274,000 each year is for
increased staff and operating costs of the Office for Missing and Murdered
Indigenous Relatives, the Missing and Murdered Indigenous Relatives Advisory
Board, and the Gaagige-Mikwendaagoziwag reward advisory group.
(k) Youth Intervention Programs
$3,525,000 the first year
and $3,526,000 the second year are for youth intervention programs under
Minnesota Statutes, section 299A.73. The
base for this appropriation is $3,526,000 in fiscal year 2026 and $3,525,000 in
fiscal year 2027.
(l) Community Crime Intervention and Prevention Grants
$750,000 each year is for
community crime intervention and prevention program grants, authorized under
Minnesota Statutes, section 299A.296. This
is a onetime appropriation.
(m) Resources for Victims of Crime
$1,000,000 each year is for
general crime victim grants to meet the needs of victims of crime not covered
by domestic violence, sexual assault, or child abuse services. This is a onetime appropriation.
(n) Prosecutor Training
$100,000 each year is for a
grant to the Minnesota County Attorneys Association to be used for
prosecutorial and law enforcement training, including trial school training and
train‑the‑trainer courses. All
training funded with grant proceeds must contain blocks of instruction on
racial disparities in the criminal justice system, collateral consequences to
criminal convictions, and trauma-informed responses to victims. This is a onetime appropriation.
The Minnesota County
Attorneys Association must report to the chairs and ranking minority members of
the legislative committees with jurisdiction over public safety policy and
finance on the training provided with grant proceeds, including a description of
each training and the number of prosecutors and law enforcement officers who
received training. The report is due by
February 15, 2025. The report may
include trainings scheduled to be completed after the date of submission with
an estimate of expected participants.
(o) Minnesota Heals
$500,000 each year is for
the Minnesota Heals grant program. This
is a onetime appropriation.
(p) Sexual Assault Exam Costs
$3,967,000 the first year
and $3,767,000 the second year are to reimburse qualified health care providers
for the expenses associated with medical examinations administered to victims
of criminal sexual conduct as required under Minnesota Statutes, section 609.35. The base for this appropriation is $3,771,000
in fiscal year 2026 and $3,776,000 in fiscal year 2027.
(q) First Responder Mental Health Curriculum
$75,000 each year is for a
grant to the Adler graduate school. The
grantee must use the grant to develop a curriculum for a 24‑week
certificate to train licensed therapists to understand the nuances, culture,
and stressors of the work environments of first responders to allow those
therapists to provide effective treatment to first responders in distress. The grantee must collaborate with first
responders who are familiar with the psychological, cultural, and professional
issues of their field to develop the curriculum and promote it upon completion.
The grantee may provide the
program online.
The grantee must seek to
recruit additional participants from outside the 11-county metropolitan area.
The grantee must create a
resource directory to provide law enforcement agencies with names of counselors
who complete the program and other resources to support law enforcement
professionals with overall wellness. The
grantee shall collaborate with the Department of Public Safety and law
enforcement organizations to promote the directory. This is a onetime appropriation.
(r) Pathways to Policing
$400,000 each year is for
reimbursement grants to state and local law enforcement agencies that operate
pathway to policing programs. Applicants
for reimbursement grants may receive up to 50 percent of the cost of
compensating and training program participants.
Reimbursement grants shall be proportionally allocated based on the
number of grant applications approved by the commissioner. This is a onetime appropriation.
(s) Direct Assistance to Crime Victim Survivors
$5,000,000 each year is to
provide grants for direct services and advocacy for victims of sexual assault,
general crime, domestic violence, and child abuse. Funding must support the direct needs of
organizations serving victims of crime by providing: direct client assistance to crime victims;
competitive wages for direct service staff; hotel stays and other
housing-related supports and services; culturally responsive programming;
prevention programming, including domestic abuse transformation and restorative
justice programming; and for other needs of organizations and crime victim
survivors. Services funded must include
services for victims of crime in underserved communities most impacted by
violence and reflect the ethnic, racial, economic, cultural, and geographic
diversity of the state. The office shall
prioritize culturally specific programs, or organizations led and staffed by
persons of color that primarily serve communities of color, when allocating
funds.
(t) Racially Diverse Youth
$250,000 each year is for
grants to organizations to address racial disparity of youth using shelter
services in the Rochester and St. Cloud regional areas. Of this amount, $125,000 each year is to
address this issue in the Rochester area and $125,000 each year is to address
this issue in the St. Cloud area. A
grant recipient shall establish and operate a pilot program connected to
shelter services to engage in community intervention outreach, mobile case
management, family reunification, aftercare, and follow up when family members
are released from shelter services. A
pilot program must specifically address the high number of racially diverse
youth that enter shelters in the regions.
This is a onetime appropriation.
(u) Violence Prevention Project Research Center
$500,000 each year is for a
grant to the Violence Prevention Project Research Center, operating as a
501(c)(3) organization, for research focused on reducing violence in society
that uses data and analysis to improve criminal justice-related policy and practice
in Minnesota. Research must place an
emphasis on issues related to deaths and injuries involving firearms. This is a onetime appropriation.
Beginning January 15, 2025,
the Violence Prevention Project Research Center must submit an annual report to
the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety policy and finance on its work and findings. The report must include a description of the
data reviewed, an analysis of that data, and recommendations to improve
criminal justice-related policy and practice in Minnesota with specific
recommendations to address deaths and injuries involving firearms.
(v) Report on Approaches to Address Illicit Drug Use in Minnesota
$118,000 each year is to
enter into an agreement with Rise Research LLC for a study and set of reports
on illicit drug use in Minnesota describing current responses to that use,
reviewing alternative approaches utilized in other jurisdictions, and making
policy and funding recommendations for a holistic and effective response to
illicit drug use and the illicit drug trade.
The agreement must establish a budget and schedule with clear
deliverables. This appropriation is
onetime.
The study must include a
review of current policies, practices, and funding; identification of
alternative approaches utilized effectively in other jurisdictions; and policy
and funding recommendations for a response to illicit drug use and the illicit
drug trade that reduces and, where possible, prevents harm and expands
individual and community health, safety, and autonomy. Recommendations must consider impacts on
public safety, racial equity, accessibility of health and ancillary supportive
social services, and the intersections between drug policy and mental health,
housing and homelessness, overdose and infectious disease, child welfare, and
employment.
Rise Research may
subcontract and coordinate with other organizations or individuals to conduct
research, provide analysis, and prepare the reports required by this section.
Rise Research shall submit
reports to the chairs and ranking minority members of the legislative
committees with jurisdiction over public safety finance and policy, human
services finance and policy, health finance and policy, and judiciary finance
and policy. Rise Research shall submit
an initial report by February 15, 2024, and a final report by March 1, 2025.
(w) Legal Representation for Children
$150,000 each year is for a
grant to an organization that provides legal representation for children in
need of protection or services and children in out-of-home placement. The grant is contingent upon a match in an
equal amount from nonstate funds. The
match may be in kind, including the value of volunteer attorney time, in cash,
or a combination of the two. These
appropriations are in addition to any other appropriations for the legal
representation of children. This
appropriation is onetime.
(x) Pretrial Release Study and Report
$250,000 each year are for a
grant to the Minnesota Justice Research Center to study and report on pretrial
release practices in Minnesota and other jurisdictions, including but not
limited to the use of bail as a condition of pretrial release. This appropriation is onetime.
(y) Intensive Comprehensive Peace Officer Education and Training Program
$5,000,000 the first year
is to implement the intensive comprehensive peace officer education and
training program described in Minnesota Statutes, section 626.8516. This appropriation is available through June
30, 2027.
(z) Youth Services Office
$250,000 each year is to
operate the Youth Services Office.
|
Subd. 9. Emergency
Communication Networks |
|
77,329,000 |
|
70,597,000 |
|
Appropriations by Fund |
||
|
General |
2,000,000 |
2,000,000 |
|
911 Fund |
75,329,000 |
68,597,000 |
This appropriation is from
the state government special revenue fund for 911 emergency telecommunications
services unless otherwise indicated.
|
(a) Public Safety Answering Points |
|
|
|
|
$28,011,000 the first year
and $28,011,000 the second year shall be distributed as provided under
Minnesota Statutes, section 403.113, subdivision 2.
(b) Transition to Next Generation 911
$7,000,000 the first year
is to support Public Safety Answering Points' transition to Next Generation 911. Funds may be used for planning,
cybersecurity, GIS data collection and maintenance, 911 call processing
equipment, and new Public Safety Answering Point technology to improve service
delivery. Funds shall be distributed by
October 1, 2023, as provided in Minnesota Statutes, section 403.113,
subdivision 2. Funds are available until
June 30, 2025, and any unspent funds must be returned to the 911 emergency
telecommunications service account. This
is a onetime appropriation.
Each eligible entity
receiving these funds must provide a detailed report on how the funds were used
to the commissioner of public safety by August 1, 2025.
(c) ARMER State Backbone Operating Costs
$10,116,000 the first year
and $10,384,000 the second year are transferred to the commissioner of
transportation for costs of maintaining and operating the statewide radio
system backbone.
(d) Statewide Emergency Communications Board
$1,000,000 each year is to
the Statewide Emergency Communications Board.
Funds may be used for operating costs, to provide competitive grants to
local units of government to fund enhancements to a communication system,
technology, or support activity that directly provides the ability to deliver
the 911 call between the entry point to the 911 system and the first responder,
and to further the strategic goals set forth by the SECB Statewide
Communication Interoperability Plan.
(e) Statewide Public Safety Radio
Communication System Equipment Grants
$2,000,000 each year from
the general fund is for grants to local units of government, federally
recognized Tribal entities, and state agencies participating in the statewide
Allied Radio Matrix for Emergency Response (ARMER) public safety radio communication
system established under Minnesota Statutes, section 403.36, subdivision 1e. The grants must be used to purchase or
upgrade portable radios, mobile radios, and related equipment that is
interoperable with the ARMER system. Each
local government unit may receive only one grant. The grant is contingent upon a match of at
least five percent from nonstate funds. The
director of the Department of Public Safety Emergency Communication Networks
division, in consultation with the Statewide Emergency Communications Board,
must administer the grant program. This
appropriation is available until June 30, 2026.
This is a onetime appropriation.
|
Sec. 4. PEACE
OFFICER STANDARDS AND TRAINING (POST) BOARD |
$12,863,000 |
|
$12,717,000 |
(a) Peace Officer Training Reimbursements
$2,949,000 each year is for
reimbursements to local governments for peace officer training costs.
(b) Additional Staff
$1,027,000 the first year
and $1,028,000 the second year are for additional staff and equipment. The base for this appropriation is $1,011,000
beginning in fiscal year 2026.
(c) Additional Office Space
$228,000 the first year and
$30,000 the second year are for additional office space.
|
Sec. 5. PRIVATE DETECTIVE BOARD |
|
$758,000 |
|
$688,000 |
|
Sec. 6. CORRECTIONS
|
|
|
|
|
|
Subdivision
1. Total Appropriation |
$12,643,000 |
|
$797,937,000 |
|
$826,661,000 |
The amounts that may be
spent for each purpose are specified in the following subdivisions.
|
Subd. 2. Incarceration
and Prerelease Services |
$12,643,000 |
|
$534,412,000 |
|
$561,421,000 |
(a) Operating Deficiency
$12,643,000 in fiscal year
2023 is to meet financial obligations in fiscal year 2023. This is a onetime appropriation.
(b) Body-worn Camera Program
$1,000,000 each year is to
create a body-worn camera program for corrections officers and intensive
supervised release agents. This
appropriation is onetime.
(c) ARMER Radio System
$1,500,000 each year is to
upgrade and maintain the ARMER radio system within correctional facilities. This is a onetime appropriation.
(d) Prison Rape Elimination Act
$500,000 each year is for
Prison Rape Elimination Act (PREA) compliance.
(e) State Corrections Safety and Security
$1,932,000 each year is for
state corrections safety and security investments. The base for this appropriation is $2,625,000
beginning in fiscal year 2026.
(f) Health Services
$2,750,000 each year is for
increased health care services. The base
for this appropriation is $3,400,000 beginning in fiscal year 2026.
(g) Educational Programming and Support
Services
$5,600,000 the first year
and $4,000,000 the second year are for educational programming and support
services. The base for this purpose is
$2,000,000 beginning in fiscal year 2026.
(h) Family Support Unit
$480,000 each year is for a
family support unit.
(i) Inmate Phone Calls
$3,100,000 each year is to
provide voice communication services for incarcerated persons under Minnesota
Statutes, section 241.252. Any
unencumbered balance remaining at the end of the first year may be carried
forward into the second year. If this
appropriation is greater than the cost of providing voice communication
services, remaining funds must be used to offset the cost of other
communication services.
(j) Virtual Court Coordination
$500,000 each year is for
virtual court coordination and modernization.
(k) Supportive Arts for Incarcerated Persons
$425,000 the first year is
for supportive arts for incarcerated persons grants as provided for in section
17. Of this amount, up to ten percent is
for administration, including facility space, access, liaison, and monitoring. Any unencumbered balance remaining at the end
of the first year does not cancel but is available for this purpose in the
second year.
(l) Successful Re-entry
$375,000 the first year and
$875,000 the second year are for reentry initiatives, including a culturally
specific release program for Native American incarcerated individuals.
(m) Evidence-based Correctional Practices
Unit
$750,000 each year is to
establish and maintain a unit to direct and oversee the use of evidence-based
correctional practices across the department and supervision delivery systems.
(n) Interstate Compact for Adult
Supervision; Transfer Expense Reimbursement
$250,000 each year is for
reimbursements under Minnesota Statutes, section 243.1609. This is a onetime appropriation.
(o) Task Force on Aiding and Abetting Felony
Murder
$25,000 the first year is
for costs associated with the revival of the task force on aiding and abetting
felony murder.
(p) Incarceration and Prerelease Services Base Budget
The base for incarceration
and prerelease services is $552,775,000 in fiscal year 2026 and $553,043,000 in
fiscal year 2027.
|
Subd. 3. Community Supervision and Postrelease Services |
189,939,000 |
|
190,953,000 |
(a) Community Supervision Funding
$143,378,000 each year is
for community supervision services. This
appropriation shall be distributed according to the community supervision
formula in Minnesota Statutes, section 401.10.
(b) Tribal Nation Supervision
$2,750,000 each year is for
Tribal Nations to provide supervision or supportive services pursuant to
Minnesota Statutes, section 401.10.
(c) Postrelease Sex Offender Program
$1,915,000 each year is for
postrelease sex offender treatment services and initiatives.
(d) Community Supervision Advisory Committee
$75,000 the first year is to
fund the community supervision advisory committee under Minnesota Statutes,
section 401.17.
(e) Regional and County Jails Study and Report
$150,000 the first year is
to fund the commissioner's study and report on the consolidation or merger of
county jails and alternatives to incarceration for persons experiencing mental
health disorders.
(f) Work Release Programs
$500,000 each year is for work release programs.
(g) County Discharge Plans
$80,000 each year is to
develop model discharge plans pursuant to Minnesota Statutes, section 641.155. This appropriation is onetime.
(h) Housing Initiatives
$2,130,000 each year is for
housing initiatives to support stable housing of incarcerated individuals upon
release. The base for this purpose
beginning in fiscal year 2026 is $1,685,000.
Of this amount:
(1) $1,000,000 each year is
for housing stabilization prerelease services and program evaluation. The base for this purpose beginning in fiscal
year 2026 is $760,000;
(2) $500,000 each year is for
rental assistance for incarcerated individuals approaching release, on
supervised release, or on probation who are at risk of homelessness;
(3) $405,000 each year is
for culturally responsive trauma‑informed transitional housing. The base for this purpose beginning in fiscal
year 2026 is $200,000; and
(4) $225,000 each year is
for housing coordination activities.
(i) Community Supervision and Postrelease
Services Base Budget
The base for community
supervision and postrelease services is $189,272,000 in fiscal year 2026 and
$189,172,000 in fiscal year 2027.
(j) Naloxone
$2,000 each year is to
purchase naloxone for supervised release agents to use to respond to overdoses.
|
Subd. 4. Organizational, Regulatory, and Administrative Services |
73,586,000 |
|
74,287,000 |
(a) Public Safety Data Infrastructure
$22,914,000 the first year and $22,915,000 the second year are for technology modernization and the development of an information-sharing and data-technology infrastructure. The base for this purpose is $4,097,000 beginning in fiscal year 2026. Any unspent funds from the current biennium do not cancel and are available in the next biennium.
(b) Supervised Release Board
$40,000 each year is to
establish and operate the supervised release board pursuant to Minnesota
Statutes, section 244.049.
(c) Recruitment and Retention
$3,200,000 the first year
and $400,000 the second year are for recruitment and retention initiatives. Of this amount, $2,800,000 the first year is
for staff recruitment, professional development, conflict resolution, and staff
wellness, and to contract with community collaborative partners who specialize
in trauma recovery.
(d) Clemency Review Commission
$986,000 each year is for
the clemency review commission described in Minnesota Statutes, section 638.09. Of this amount, $200,000 each year is for
grants to support outreach and clemency application assistance.
(e) Accountability and Transparency
$1,000,000 each year is for
accountability and transparency initiatives.
The base for this appropriation is $1,480,000 beginning in fiscal year
2026.
(f) Organizational, Regulatory, and
Administrative Services Base Budget
The base for organizational,
regulatory, and administrative services is $55,849,000 in fiscal year 2026 and
$55,649,000 in fiscal year 2027.
|
Sec. 7. OMBUDSPERSON
FOR CORRECTIONS |
|
$1,105,000 |
|
$1,099,000 |
|
Sec. 8. BOARD
OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES |
$500,000 |
|
$500,000 |
$500,000 each year is for
transfer to Metropolitan State University.
Of this amount, $280,000 each year is to provide juvenile justice
services and resources, including the Juvenile Detention Alternatives
Initiative, to Minnesota counties and federally recognized Tribes and $220,000
each year is for funding to local units of government, federally recognized
Tribes, and agencies to support local Juvenile Detention Alternatives
Initiatives, including but not limited to Alternatives to Detention. The unencumbered balance in the first year of
the biennium does not cancel but is available throughout the biennium.
|
Sec. 9. DEPARTMENT
OF NATURAL RESOURCES |
$73,000 |
|
$9,000 |
$73,000 the first year and
$9,000 the second year are to provide naloxone and training in the use of
naloxone to conservation officers.
Sec. 10. Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3, is amended to read:
|
Subd. 3. Peace
Officer Training Assistance |
|
|
|
|
Philando Castile Memorial Training Fund $6,000,000 each year is to
support and strengthen law enforcement training and implement best practices. This funding shall be named the
"Philando Castile Memorial Training Fund." These funds may
only be used to reimburse costs
related to training courses that qualify for reimbursement under Minnesota
Statutes, sections 626.8452 (use of force), 626.8469 (training in crisis
response, conflict management, and cultural diversity), and 626.8474 (autism
training).
Each sponsor of a training
course is required to include the following in the sponsor's application for
approval submitted to the board: course
goals and objectives; a course outline including at a minimum a timeline and
teaching hours for all courses; instructor qualifications, including skills
and concepts such as crisis intervention, de-escalation, and cultural
competency that are relevant to the course provided; and a plan for
learning assessments of the course and documenting the assessments to the board
during review. Upon completion of each
course, instructors must submit student evaluations of the instructor's
teaching to the sponsor.
The board shall keep records of the applications of all approved and denied courses. All continuing education courses shall be reviewed after the first year. The board must set a timetable for recurring review after the first year. For each review, the sponsor must submit its learning assessments to the board to show that the course is teaching the learning outcomes that were approved by the board.
A list of licensees who successfully complete the course shall be maintained by the sponsor and transmitted to the board following the presentation of the course and the completed student evaluations of the instructors. Evaluations are available to chief law enforcement officers. The board shall establish a data retention schedule for the information collected in this section.
Each year, if funds are available after reimbursing all eligible requests for courses approved by the board under this subdivision, the board may use the funds to reimburse law enforcement agencies for other board-approved law enforcement training courses. The base for this activity is $0 in fiscal year 2026 and thereafter.
Sec. 11. GAAGIGE-MIKWENDAAGOZIWAG
REWARD ACCOUNT; TRANSFER.
$250,000 in fiscal year
2024 is transferred from the general fund to the Gaagige-Mikwendaagoziwag
reward account in the special revenue fund.
Sec. 12. COMMUNITY
CRIME AND VIOLENCE PREVENTION ACCOUNT; TRANSFER.
$70,000,000 in fiscal
year 2024 is transferred from the general fund to the community crime and
violence prevention account in the special revenue fund.
Sec. 13. COMMUNITY
CRIME AND VIOLENCE PREVENTION GRANTS; SPECIAL REVENUE ACCOUNT; APPROPRIATION.
The community crime and
violence prevention account is created in the special revenue fund consisting
of money deposited, donated, allotted, transferred, or otherwise provided to
the account. Of the amount in the
account, up to $14,000,000 each year is appropriated to the commissioner of
public safety for purposes specified in Minnesota Statutes, section 299A.296.
Sec. 14. CRISIS
RESPONSE ACCOUNT; TRANSFER.
$10,000,000 in fiscal
year 2024 is transferred from the general fund to the crisis response account
in the special revenue fund. Any balance
in the account on June 30, 2028, cancels to the general fund.
Sec. 15. CRISIS
RESPONSE GRANTS; SPECIAL REVENUE ACCOUNT; APPROPRIATION.
The crisis response
account is created in the special revenue fund consisting of money deposited,
donated, allotted, transferred, or otherwise provided to the account. Of the amount in the account, up to
$2,000,000 in each of fiscal years 2024, 2025, 2026, 2027, and 2028 are
appropriated to the commissioner of public safety for grants administered by
the Office of Justice Programs to be awarded to local law enforcement agencies
and local governments to maintain or expand crisis response teams in which
social workers or mental health providers are sent as first responders when
calls for service indicate that an individual is having a mental health crisis.
Sec. 16. PRETRIAL
RELEASE STUDY AND REPORT.
(a) Pursuant to the terms
of a grant, the Minnesota Justice Research Center shall study and report on
pretrial release practices in Minnesota and other jurisdictions.
(b) The Minnesota Justice
Research Center shall examine pretrial release practices in Minnesota and
community perspectives about those practices; conduct a robust study of
pretrial release practices in other jurisdictions to identify effective
approaches to pretrial release that use identified best practices; provide
analysis and recommendations describing if, and how, practices in other
jurisdictions could be adopted and implemented in Minnesota, including but not
limited to analysis addressing how changes would impact public safety,
appearance rates, treatment of defendants with different financial means,
disparities in pretrial detention, and community perspectives about pretrial
release; and make recommendations for policy changes for consideration by the
legislature.
(c) By February 15, 2024,
the Minnesota Justice Research Center must provide a preliminary report to the
legislative committees and divisions with jurisdiction over public safety
finance and policy including a summary of the preliminary findings, any legislative
proposals to improve the ability of the Minnesota Justice Research Center to
complete its work, and any proposals for legislation related to pretrial
release. The Minnesota Justice Research
Center shall submit a final report to the legislative committees and divisions
with jurisdiction over public safety finance and policy by February 15, 2025. The final report shall include a description
of the Minnesota Justice Research Center's work, findings, and any legislative
proposals.
Sec. 17. SUPPORTIVE
ARTS GRANT PROGRAM.
(a) The commissioner of
corrections shall establish a supportive arts grant program to award grants to
nonprofit organizations to provide supportive arts programs to incarcerated
persons and persons on supervised release.
The supportive arts programs must use the arts, including but not
limited to visual art, poetry, literature, theater, dance, and music, to
address the supportive, therapeutic, and rehabilitative needs of incarcerated
persons and persons on supervised release and promote a safer correctional
facility environment and community environment.
The commissioner may not require incarcerated persons and persons on
supervised release to participate in a supportive arts program provided in a
correctional facility or community under a grant.
(b) Applicants for grants under
this section must submit an application in the form and manner established by
the commissioner. The applicants must
describe the arts program to be offered; how the program is supportive,
therapeutic, and rehabilitative for incarcerated persons and persons on
supervised release; and the use of the grant funds.
(c) Organizations are
not required to apply for or receive grant funds under this section in order to
be eligible to provide supportive arts programming inside the correctional
facilities.
(d) By March 1 of each
year, the commissioner shall report to the chairs and ranking members of the
legislative committees and divisions having jurisdiction over criminal justice
finance and policy on the implementation, use, and administration of the grant
program established under this section. At
a minimum, the report must provide:
(1) the names of the
organizations receiving grants;
(2) the total number of
individuals served by all grant recipients, disaggregated by race, ethnicity,
and gender;
(3) the names of the
correctional facilities and communities where incarcerated persons and persons
on supervised release are participating in supportive arts programs offered
under this section;
(4) the total amount of
money awarded in grants and the total amount remaining to be awarded, if any;
(5) the amount of money
granted to each recipient;
(6) a description of the
program, mission, goals, and objectives by the organization using the money;
and
(7) a description of and
measures of success, either qualitative or quantitative.
Sec. 18. APPROPRIATIONS
GIVEN EFFECT ONCE.
If an appropriation or
transfer in this act is enacted more than once during the 2023 regular session,
the appropriation or transfer must be given effect only once.
ARTICLE 3
JUDICIARY POLICY
Section 1. [260C.419]
STATEWIDE OFFICE OF APPELLATE COUNSEL AND TRAINING.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Board"
means the State Board of Appellate Counsel and Training.
(c) "Juvenile
protection matter" means any of the following:
(1) child in need of
protection or services matters as defined in section 260C.007, subdivision 6,
including habitual truant and runaway matters;
(2) neglected and in
foster care matters as defined in section 260C.007, subdivision 24;
(3) review of voluntary
foster care matters as defined in section 260C.141, subdivision 2;
(4) review of
out-of-home placement matters as defined in section 260C.212;
(5) termination of parental
rights matters as defined in sections 260C.301 to 260C.328; and
(6) permanent placement
matters as defined in sections 260C.503 to 260C.521, including matters
involving termination of parental rights, guardianship to the commissioner of
human services, transfer of permanent legal and physical custody to a relative,
permanent custody to the agency, temporary legal custody to the agency, and
matters involving voluntary placement pursuant to section 260D.07.
(d) "Office"
means the Statewide Office of Appellate Counsel and Training.
Subd. 2. Statewide
Office of Appellate Counsel and Training; establishment. (a) The Statewide Office of Appellate
Counsel and Training is established as an independent state office. The office shall be responsible for:
(1) establishing and
maintaining a system for providing appellate representation to parents in
juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
(2) providing training
to all parent attorneys practicing in the state on topics relevant to their
practice and establishing practice standards and training requirements for
parent attorneys practicing in the state; and
(3) collaborating with
the Minnesota Department of Human Services to coordinate and secure federal
Title IV-E support for counties and Tribes interested in accessing federal
funding.
(b) The office shall be
governed by a board as provided in subdivision 3.
Subd. 3. State
Board of Appellate Counsel and Training; structure; membership. (a) The State Board of Appellate
Counsel and Training is established to direct the Statewide Office of Appellate
Counsel and Training. The board shall
consist of seven members, including:
(1) four public members
appointed by the governor; and
(2) three members
appointed by the supreme court, at least one of whom must have experience
representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
(b) The appointing
authorities may not appoint any of the following to be a member of the board:
(1) a person who is a
judge;
(2) a person who is a
registered lobbyist;
(3) a person serving as
a guardian ad litem or counsel for a guardian ad litem;
(4) a person who serves
as counsel for children in juvenile court;
(5) a person under
contract with or employed by the Department of Human Services or a county
department of human or social services; or
(6) a current city or
county attorney or assistant city or county attorney.
(c) All members shall
demonstrate an interest in maintaining a high quality, independent appellate
defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota,
and an efficient coordination effort, in collaboration with the Department of
Human Services, to secure and utilize Title IV-E funding. At least one member of the board appointed by
the
governor must be a
representative from a federally recognized Indian Tribe. No more than five members of the board may
belong to the same political party. At
least three members of the board shall be from judicial districts other than
the First, Second, Fourth, and Tenth Judicial Districts. To the extent practicable, the membership of
the board must include persons with disabilities, reflect the ethnic diversity
of the state, take into consideration race and gender, and include persons from
throughout the state. The members shall
be well acquainted with representing parents in district court and appellate
proceedings related to child protection matters as well as the law that affect
a parent attorney's work, including chapter 260C, the Rules of Juvenile
Protection Procedure, the Rules of Civil Appellate Procedure, the Indian Child
Welfare Act, and the Minnesota Indian Family Preservation Act. The terms, compensation, and removal of
members shall be as provided in section 15.0575. The members shall elect a chair from among
the membership and the chair shall serve a term of two years.
Subd. 4. Head
appellate counsel for parents; assistant and contracted attorneys; other
employees. (a) Beginning
January 1, 2024, and for every four years after that date, the board shall
appoint a head appellate counsel in charge of executing the responsibilities of
the office who shall provide for sufficient appellate counsel for parents and
other personnel necessary to discharge the functions of the office. The head appellate counsel shall serve a four‑year
term and may be removed only for cause upon the order of the board. The head appellate counsel shall be a
full-time qualified attorney, licensed to practice law in this state, and serve
in the unclassified service of the state.
Vacancies of the office shall be filled by the appointing authority for
the unexpired term. The head appellate
counsel shall devote full time to the performance of duties and shall not
engage in the general practice of law. The
compensation of the head appellate counsel shall be set by the board and shall
be commensurate with county attorneys in the state.
(b) Consistent with the
decisions of the board, the head appellate counsel shall employ assistants or
hire independent contractors to serve as appellate counsel for parents. Each assistant appellate counsel and
independent contractor serves at the pleasure of the head appellate counsel. The compensation of assistant appellate
counsel and independent contractors shall be set by the board and shall be
commensurate with county attorneys in the state.
(c) A person serving as
appellate counsel shall be a qualified attorney licensed to practice law in
this state. A person serving as
appellate counsel practicing in Tribal court shall be a licensed attorney
qualified to practice law in Tribal courts in the state. Assistant appellate counsel and contracted
appellate counsel may engage in the general practice of law where not employed
or contracted to provide services on a full-time basis.
(d) The head appellate
counsel shall, consistent with the responsibilities under subdivision 2, employ
or hire the following:
(1) one managing
appellate attorney;
(2) two staff attorneys;
(3) one director of
training;
(4) one program
administrator to support Title IV-E reimbursement in collaboration with the
Department of Human Services; and
(5) one office
administrator.
(e) Each employee
identified in paragraph (d) serves at the pleasure of the head appellate
counsel. The compensation of each
employee shall be set by the board and shall be commensurate with county
attorneys in the state.
(f) Any person serving as
managing appellate attorney, staff attorney, and director of training shall be
a qualified attorney licensed to practice law in the state.
(g) A person serving as
the program administrator and office administrator must be chosen solely on the
basis of training, experience, and qualifications.
Subd. 5. Duties
and responsibilities. (a) The
board shall work cooperatively with the head appellate counsel to govern the
office and provide fiscal oversight.
(b) The board shall
approve and recommend to the legislature a budget for the board, the office,
and any programs operated by that office.
(c) The board shall
establish procedures for distribution of funding under this section to the
office and any programs operated by that office.
(d) The head appellate
counsel with the approval of the board shall establish appellate program
standards, administrative policies, procedures, and rules consistent with
statute, rules of court, and laws that affect appellate counsel's work. The standards must include but are not
limited to:
(1) standards needed to
maintain and operate an appellate counsel for parents program, including
requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
(2) standards for
appellate counsel caseloads;
(3) standards and
procedures for the eligibility of appointment, assessment, and collection of
the costs for legal representation provided by appellate counsel;
(4) standards for
contracts between contracted appellate counsel and the state appellate counsel
program for the legal representation of indigent persons;
(5) standards prescribing
minimum qualifications of counsel appointed under the board's authority or by
the courts; and
(6) standards ensuring
the independent, competent, and efficient representation of clients whose cases
present conflicts of interest.
(e) The head appellate
counsel, with approval of the board, shall establish training program standards
and processes and procedures necessary to carry out the office's
responsibilities for statewide training of parent attorneys, including but not
limited to establishing uniform practice standards and training requirements
for all parent attorneys practicing in the state.
(f) The head appellate
counsel and the program administrator with approval of the board shall
establish processes and procedures for collaborating with the Department of
Human Services to secure and utilize Title IV-E funds and communicating with
counties and Tribes and any other processes and procedures necessary to carry
out the office's responsibilities.
(g) The board may:
(1) propose statutory
changes to the legislature and rule changes to the supreme court that are in
the best interests of the operation of the appellate counsel for parents
program; and
(2) require the reporting
of statistical data, budget information, and other cost factors by the
appellate counsel for parents program.
Subd. 6. Limitation. In no event shall the board or its
members interfere with the discretion, judgment, or zealous advocacy of counsel
in their handling of individual cases as a part of the judicial branch of
government.
Subd. 7. Budget;
county and Tribe use. The
establishment of the office and its employees and support staff and the board
shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide
appellate representation to indigent parents in their jurisdiction who are
seeking an appeal and for assistance in securing Title IV-E funding through
collaboration with the Department of Human Services.
Subd. 8. Collection
of costs; appropriation. If
any of the costs provided by appellate counsel are assessed and collected or
otherwise reimbursed from any source, the State Board of Appellate Counsel and
Training shall deposit payments in a separate account established in the
special revenue fund. The amount
credited to this account is appropriated to the State Board of Appellate
Counsel and Training. The balance of
this account does not cancel but is available until expended.
Sec. 2. Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:
Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that party in said action, a fee of $285, except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several defendants or other adverse or intervening parties appearing separately from the others, shall pay, when the first paper is filed for that party in said action, a fee of $285, except in marriage dissolution actions the fee is $315. This subdivision does not apply to the filing of an Application for Discharge of Judgment. Section 548.181 applies to an Application for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of whether trial be to the court alone, to the court and jury, or disposed of without trial, and shall include the entry of judgment in the action, but does not include copies or certified copies of any papers so filed or proceedings under chapter 103E, except the provisions therein as to appeals.
(2) Certified copy of any
instrument from a civil or criminal proceeding, $14, and $8 for an
uncertified copy.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment, injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of $50.
(14) All other services required by law for which no fee is provided, such fee as compares favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and
(5) need not be paid by a public authority or the party the public authority
represents. No fee may be charged to
view or download a publicly available instrument from a civil or criminal
proceeding or for an uncertified copy of that instrument.
Sec. 3. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the
extent that appropriations are made available for that purpose in aid of
carrying out duties and responsibilities; and
(19) cooperate and consult
with the commissioner of labor and industry regarding the investigation of
violations of, and resolution of complaints regarding section 363A.08,
subdivision 7.; and
(20) analyze civil rights
trends pursuant to this chapter, including information compiled from community
organizations that work directly with historically marginalized communities,
and prepare a report each biennium that recommends policy and system changes to
reduce and prevent further civil rights incidents across Minnesota. The report shall be provided to the chairs
and ranking minority members of the house of representatives and senate
committees with jurisdiction over the Department of Human Rights. This report must also be posted on the
Department of Human Rights' public website and shared with community
organizations that work with historically marginalized communities.
In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.
EFFECTIVE DATE. This
section is effective July 1, 2023, and the commissioner must provide the first
report by February 1, 2025.
Sec. 4. Minnesota Statutes 2022, section 484.85, is amended to read:
484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY
COUNTY DISTRICT COURT.
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state treasury and distributed according to this paragraph. Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:
(1) for offenses
committed within the city of St. Paul, two-thirds paid to the
treasurer of the city of St. Paul municipality or subdivision of
government within Ramsey County and one-third credited to the state general
fund; and.
(2) for offenses
committed within any other municipality or subdivision of government within
Ramsey County, one-half paid to the treasurer of the municipality or
subdivision of government and one-half credited to the state general fund.
All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:
(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.
Sec. 5. Minnesota Statutes 2022, section 611.23, is amended to read:
611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; SALARY.
The state public defender is
responsible to the State Board of Public Defense. The state public defender shall supervise the
operation, activities, policies, and procedures of the statewide public
defender system. When requested by a
district public defender or appointed counsel, the state public defender may
assist the district public defender, appointed counsel, or an organization
designated in section 611.216 in the performance of duties, including trial
representation in matters involving legal conflicts of interest or other
special circumstances, and assistance with legal research and brief preparation. The state public defender shall be appointed
by the State Board of Public Defense for a term of four years, except as
otherwise provided in this section, and until a successor is appointed and
qualified. The state public defender
shall be a full-time qualified attorney, licensed to practice law in this
state, serve in the unclassified service of the state, and be removed only for
cause by the appointing authority. Vacancies
in the office shall be filled by the appointing authority for the unexpired
term. The salary of the state public
defender shall be fixed by the State Board of Public Defense but must not
exceed the salary of a district court judge. Terms of the state public defender shall
commence on July 1. The state public
defender shall devote full time to the performance of duties and shall not
engage in the general practice of law.
ARTICLE 4
GENERAL CRIMES
Section 1. Minnesota Statutes 2022, section 243.166, subdivision 1b, is amended to read:
Subd. 1b. Registration required. (a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion
under the circumstances described in section 609.746, subdivision 1, paragraph (f)
(h);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to an offense or involving similar circumstances to an offense described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to an offense or involving similar circumstances to an offense described in paragraph (a), clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the person was not confined, since the person was convicted of or adjudicated delinquent for the offense that triggers registration, unless the person is subject to a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period regardless of when the person was released from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the person was committed pursuant to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter 253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or the United States, or the person was charged with or petitioned for a violation of any of the offenses listed in paragraph (a), clause (2), or a similar law of another state or the United States;
(2) the person was found not guilty by reason of mental illness or mental deficiency after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section 253B.18 or a similar law of another state or the United States.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 2. Minnesota Statutes 2022, section 609.02, subdivision 16, is amended to read:
Subd. 16. Qualified domestic violence-related offense. "Qualified domestic violence-related offense" includes a violation of or an attempt to violate sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree murder); 609.19 (second-degree murder); 609.195, paragraph (a) (third-degree murder); 609.20, clauses (1), (2), and (5) (first-degree manslaughter); 609.205, clauses (1) and (5) (second-degree manslaughter); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.25 (kidnapping); 609.255 (false imprisonment); 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); 609.3458 (sexual extortion); 609.377 (malicious punishment of a child); 609.582, subdivision 1, clause (c) (burglary in the first degree); 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of private sexual images); and 629.75 (violation of domestic abuse no contact order); and similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 3. Minnesota Statutes 2022, section 609.05, is amended by adding a subdivision to read:
Subd. 2a. Exception. (a) A person may not be held
criminally liable for a violation of section 609.185, paragraph (a), clause
(3), for a death caused by another unless the person intentionally aided,
advised, hired, counseled, or conspired with or otherwise procured the other
with the intent to cause the death of a human being.
(b) A person may not be
held criminally liable for a violation of section 609.19, subdivision 2, clause
(1), for a death caused by another unless the person was a major participant in
the underlying felony and acted with extreme indifference to human life.
(c) As used in this
subdivision, "major participant" means a person who:
(1) used a deadly weapon
during the commission of the underlying felony or provided a deadly weapon to
another participant where it was reasonably foreseeable that the weapon would
be used in the underlying felony;
(2) caused substantial
bodily harm to another during the commission of the underlying felony;
(3) coerced or hired a
participant to undertake actions in furtherance of the underlying felony that
proximately caused the death, and where it
was reasonably foreseeable that such actions would cause death or great bodily
harm; or
(4) impeded another
person from preventing the death either by physical action or by threat of
physical action where it was reasonably foreseeable that death or great bodily
harm would result.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to crimes committed on or
after that date. The section does not
apply to crimes committed before August 1, 2023.
Sec. 4. Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:
Subd. 4. Assaults
motivated by bias. (a) Whoever
assaults another in whole or in substantial part because of the victim's
or another's actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03, age, or national
origin or because of the victim's actual or perceived association with
another person or group of a certain actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
may be sentenced to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2022, section 609.2233, is amended to read:
609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM
SENTENCE.
A person who violates
section 609.221, 609.222, or 609.223 in whole or in substantial part
because of the victim's or another person's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section
363A.03, age, or national origin or because of the victim's actual or
perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03, is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 6. [609.247]
CARJACKING.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b)
"Carjacking" means taking a motor vehicle from the person or in the
presence of another while having knowledge of not being entitled to the motor
vehicle and using or threatening the imminent use of force against any person
to overcome the person's resistance or powers of resistance to, or to compel
acquiescence in, the taking of the motor vehicle.
(c) "Motor
vehicle" has the meaning given in section 609.52, subdivision 1, clause
(10).
Subd. 2. First
degree. Whoever, while
committing a carjacking, is armed with a dangerous weapon or any article used
or fashioned in a manner to lead the victim to reasonably believe it to be a
dangerous weapon, or inflicts bodily harm upon another, is guilty of carjacking
in the first degree and may be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $35,000, or both.
Subd. 3. Second
degree. Whoever, while
committing a carjacking, implies, by word or act, possession of a dangerous
weapon, is guilty of carjacking in the second degree and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more
than $30,000, or both.
Subd. 4. Third
degree. Whoever commits
carjacking under any other circumstances is guilty of carjacking in the third
degree and may be sentenced to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2022, section 609.25, subdivision 2, is amended to read:
Subd. 2. Sentence. Whoever violates subdivision 1 may be sentenced as follows:
(1) if the victim is released in a safe place without great bodily harm, to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both; or
(2) if the victim is not
released in a safe place, or if the victim suffers great bodily harm during the
course of the kidnapping, or if the person kidnapped is under the age of 16,
to imprisonment for not more than 40 years or to payment of a fine of not more
than $50,000, or both if:
(i) the victim is not
released in a safe place;
(ii) the victim suffers
great bodily harm during the course of the kidnapping; or
(iii) the person kidnapped is under the age of 16.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 8. Minnesota Statutes 2022, section 609.269, is amended to read:
609.269 EXCEPTION.
Sections 609.2661 to
609.268 do not apply to any act described in section 145.412. a
person providing reproductive health care offered, arranged, or furnished:
(1) for the purpose of
terminating a pregnancy; and
(2) with the consent of
the pregnant individual or the pregnant individual's representative, except in
a medical emergency in which consent cannot be obtained.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.522; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to
any political subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 10. [609.522]
ORGANIZED RETAIL THEFT.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Pattern of
retail theft" means acts committed or directed by the defendant on at
least two separate occasions in the preceding six months that would constitute
a violation of:
(1) section 609.52,
subdivision 2, paragraph (a), clauses (1), (3), and (4), involving retail
merchandise;
(2) section 609.521;
(3) section 609.53,
subdivision 1, involving retail merchandise;
(4) section 609.582 when
the building was a retail establishment; or
(5) section 609.59.
(c) "Retail
establishment" means the building where a retailer sells retail
merchandise.
(d) "Retail
merchandise" means all forms of tangible property, without limitation,
held out for sale by a retailer.
(e) "Retail theft
enterprise" means a group of two or more individuals with a shared goal
involving the unauthorized removal of retail merchandise from a retailer. Retail theft enterprise does not require the
membership of the enterprise to remain the same or that the same individuals
participate in each offense committed by the enterprise.
(f) "Retailer"
means a person or entity that sells retail merchandise.
(g) "Value"
means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a
reasonable time after the theft.
Subd. 2. Organized
retail theft. A person is
guilty of organized retail theft if:
(1) the person is
employed by or associated with a retail theft enterprise;
(2) the person has
previously engaged in a pattern of retail theft and intentionally commits an
act or directs another member of the retail theft enterprise to commit an act
involving retail merchandise that would constitute a violation of:
(i) section 609.52,
subdivision 2, paragraph (a), clauses (1), (3), and (4); or
(ii) section 609.53,
subdivision 1; and
(3) the person or
another member of the retail theft enterprise:
(i) resells or intends
to resell the stolen retail merchandise;
(ii) advertises or
displays any item of the stolen retail merchandise for sale; or
(iii) returns any item
of the stolen retail merchandise to a retailer for anything of value.
Subd. 3. Sentence. Whoever commits organized retail theft
may be sentenced as follows:
(1) to imprisonment for
not more than 15 years or to payment of a fine of not more than $35,000, or
both, if the value of the property stolen exceeds $5,000;
(2) to imprisonment for
not more than seven years or to payment of a fine of not more than $14,000, or
both, if either of the following circumstances exist:
(i) the value of the
property stolen is more than $1,000 but not more than $5,000; or
(ii) the value of the
property is more than $500 but not more than $1,000 and the person commits the
offense within ten years of the first of two or more convictions under this
section, section 256.98; 268.182; 609.24; 609.245; 609.52; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from
another state, the United States, or a foreign jurisdiction, in conformity with
any of those sections, and the person received a felony or gross misdemeanor
sentence for the offense, or a sentence that was stayed under section 609.135
if the offense to which a plea was entered would allow imposition of a felony
or gross misdemeanor sentence;
(3) to imprisonment for
not more than two years or to payment of a fine of not more than $5,000, or
both, if either of the following circumstances exist:
(i) the value of the
property stolen is more than $500 but not more than $1,000; or
(ii) the value of the
property is $500 or less and the person commits the offense within ten years of
a previous conviction under this section, section 256.98; 268.182; 609.24;
609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631;
or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received
a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(4) to imprisonment of
not more than one year or to payment of a fine of not more than $3,000, or
both, if the value of the property stolen is $500 or less.
Subd. 4. Aggregation. The value of the retail merchandise
received by the defendant in violation of this section within any six-month
period may be aggregated and the defendant charged accordingly in applying the
provisions of this subdivision; provided that when two or more offenses are
committed by the same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was committed for all of
the offenses aggregated under this subdivision.
Subd. 5. Enhanced
penalty. If a violation of
this section creates a reasonably foreseeable risk of bodily harm to another,
the penalties described in subdivision 3 are enhanced as follows:
(1) if the penalty is a
gross misdemeanor, the person is guilty of a felony and may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more
than $5,000, or both; and
(2) if the penalty is a
felony, the statutory maximum sentence for the offense is 50 percent longer
than for the underlying crime.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read:
Subd. 3. Burglary in the third degree. (a) Except as otherwise provided in this section, whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(b) Whoever enters a
building that is open to the public, other than a building identified in
subdivision 2, paragraph (b), with intent to steal while in the building, or
enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), and steals while in the building, either
directly or as an accomplice, commits burglary in the third degree and may be
sentenced to imprisonment for not more than five years or to payment of a fine
of not more than $10,000, or both, if:
(1) the person enters
the building within one year after being told to leave the building and not
return; and
(2) the person has been
convicted within the preceding five years for an offense under this section,
section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625,
609.63, 609.631, or 609.821, or a statute from another state, the United States,
or a foreign jurisdiction, in conformity with any of those sections, and the
person received a felony sentence for the offense or a sentence that was stayed
under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony sentence.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:
Subd. 4. Burglary in the fourth degree. (a) Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
(b) Whoever enters a
building that is open to the public, other than a building identified in
subdivision 2, paragraph (b), with intent to steal while in the building, or
enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), and steals while in the building, either
directly or as an
accomplice, commits burglary in
the fourth degree and may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the person
enters the building within one year after being told to leave the building and
not return.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:
Subd. 1a. Criminal
damage to property in the second degree.
(a) Whoever intentionally causes damage described in subdivision 2,
paragraph (a), because of the property owner's or another's actual or
perceived race, color, religion, sex, sexual orientation, disability as defined
in section 363A.03, age, or national origin is guilty of a felony and may
be sentenced to imprisonment for not more than one year and a day or to payment
of a fine of not more than $3,000, or both., if the damage:
(1) was committed in
whole or in substantial part because of the property owner's or another's
actual or perceived race, color, ethnicity, religion, sex, gender, sexual
orientation, gender identity, gender expression, age, national origin, or
disability as defined in section 363A.03;
(2) was committed in
whole or in substantial part because of the victim's actual or perceived
association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section
363A.03; or
(3) was motivated in
whole or in substantial part by an intent to intimidate or harm an individual
or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03.
(b) In any prosecution under paragraph (a), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:
Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise provided in subdivision 1a, whoever intentionally causes damage to another person's physical property without the other person's consent may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally
causes damage to another person's physical property without the other person's
consent because of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in
section 363A.03, age, or national origin may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more than $3,000, or
both, if the damage reduces the value of the property by not more than $500.
and:
(1) was committed in whole or
in substantial part because of the property owner's or another's actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03;
(2) was committed in whole
or in substantial part because of the victim's actual or perceived association
with another person or group of a certain actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03;
or
(3) was motivated in whole
or in substantial part by an intent to intimidate or harm an individual or
group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03.
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2022, section 609.67, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) "Machine gun" means any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.
(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.
(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if such weapon as modified has an overall length less than 26 inches.
(d) "Trigger
activator" means:
(1) a removable
manual or power driven trigger activating device constructed and designed so
that, when attached to a firearm, the rate at which the trigger may be pulled
increases and the rate of fire of the firearm increases to that of a machine
gun; or
(2) a device that allows a semiautomatic firearm to shoot more than one shot with a single pull of the trigger or by harnessing the recoil of energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the trigger.
(e) "Machine gun conversion kit" means any part or combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled, but does not include a spare or replacement part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to offenses that occur on or
after that date.
Sec. 16. Minnesota Statutes 2022, section 609.67, subdivision 2, is amended to read:
Subd. 2. Acts
prohibited. (a) Except as
otherwise provided herein, whoever owns, possesses, or operates a machine gun, or
any trigger activator or machine gun conversion kit, or a short-barreled
shotgun may be sentenced to imprisonment for not more than five 20
years or to payment of a fine of not more than $10,000 $35,000,
or both.
(b) Except as otherwise
provided herein, whoever owns, possesses, or operates a short-barreled shotgun
may be sentenced to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to offenses that occur on or
after that date.
Sec. 17. Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read:
Subdivision 1. Surreptitious intrusion; observation
device. (a) A person is guilty of a
gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or any other aperture of a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording, amplifying, or broadcasting sounds or events through the window or other aperture of a sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place where a reasonable person would have an expectation of privacy and has exposed or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(e) A person is guilty of a
gross misdemeanor who:
(1) uses any device for
photographing, recording, or broadcasting an image of an individual in a house
or place of dwelling; a sleeping room of a hotel as defined in section 327.70,
subdivision 3; a tanning booth; a bathroom; a locker room; a changing room; an
indoor shower facility; or any place where a reasonable person would have an
expectation of privacy; and
(2) does so with the
intent to photograph, record, or broadcast an image of the individual's
intimate parts, as defined in section 609.341, subdivision 5, without the
consent of the individual.
(f) A person is guilty
of a misdemeanor who:
(1) surreptitiously
installs or uses any device for observing, photographing, recording, or
broadcasting an image of an individual's intimate parts, as defined in section
609.341, subdivision 5, or the clothing covering the immediate area of the
intimate parts;
(2) observes,
photographs, or records the image under or around the individual's clothing;
and
(3) does so with intent
to intrude upon or interfere with the privacy of the individual.
(e) (g) A
person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the
person:
(1) violates this
subdivision paragraph (a), (b), (c), (d), or (e) after a previous
conviction under this subdivision or section 609.749; or
(2) violates this
subdivision paragraph (a), (b), (c), (d), or (e) against a minor
under the age of 18, knowing or having reason to know that the minor is
present.
(f) (h) A
person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person violates paragraph (b) or,
(d), or (e) against a minor victim under the age of 18; (2) the person
is more than 36 months older than the minor victim; (3) the person knows or has
reason to know that the minor victim is present; and (4) the violation is
committed with sexual intent.
(i) A person is guilty
of a gross misdemeanor if the person:
(1) violates paragraph
(f) after a previous conviction under this subdivision or section 609.749; or
(2) violates paragraph
(f) against a minor under the age of 18, knowing or having reason to know that
the victim is a minor.
(j) A person is guilty
of a felony if the person violates paragraph (f) after two or more convictions
under this subdivision or section 609.749.
(g) Paragraphs (k)
Paragraph (b) and, (d) do, or (e) does not
apply to law enforcement officers or corrections investigators, or to those
acting under their direction, while engaged in the performance of their lawful
duties. Paragraphs (c) and,
(d), and (e) do not apply to conduct in:
(1) a medical facility; or (2) a commercial establishment if the owner
of the establishment has posted conspicuous signs warning that the premises are
under surveillance by the owner or the owner's employees.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 18. Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:
Subd. 3. Aggravated violations. (a) A person who commits any of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) commits any offense
described in subdivision 2 in whole or in substantial part because of
the victim's or another's actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section
363A.03, age, or national origin or because of the victim's actual or
perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as
defined in section 363A.03;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 19. Minnesota Statutes 2022, section 609.78, subdivision 2a, is amended to read:
Subd. 2a. Felony
offense; reporting fictitious emergency resulting in serious injury. Whoever violates subdivision 2, clause
(2), is guilty of a felony and may be sentenced as follows:
(1) to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000,
or both, if the call triggers an emergency response and, as a result of the
response, someone suffers great bodily harm or death.; or
(2) to imprisonment of
not more than three years or to payment of a fine of not more than $10,000, or
both, if the call triggers an emergency response and as a result of the
response, someone suffers substantial bodily harm.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 20. Minnesota Statutes 2022, section 617.22, is amended to read:
617.22 CONCEALING BIRTH.
Every Any
person who shall endeavor attempts to conceal the birth of a
child by any disposition of its dead body, whether when the child
died before or after its birth, shall be guilty of a misdemeanor. Every person who, having been convicted of
endeavoring to conceal the stillbirth of any issue, or the death of any issue
under the age of
two years, shall, subsequent to
that conviction, endeavor to conceal any subsequent birth or death, shall be
punished by imprisonment for not more than five years. This section does not apply to the
disposition of remains resulting from an abortion or miscarriage.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. Minnesota Statutes 2022, section 617.26, is amended to read:
617.26 MAILING AND CARRYING OBSCENE MATTER.
Every person who shall
deposit or cause to be deposited in any post office in the state, or place in
charge of any express company or other common carrier or person for
transportation, any of the articles or things specified in section 617.201
or 617.241, or any circular, book, pamphlet, advertisement or notice
relating thereto, with the intent of having the same conveyed by mail, express,
or in any other manner; or who shall knowingly or willfully receive the same
with intent to carry or convey it, or shall knowingly carry or convey the same
by express, or in any other manner except by United States mail, shall be
guilty of a misdemeanor. The provisions
of this section and section 617.201 shall not be construed to apply to
an article or instrument used by physicians lawfully practicing, or by their
direction or prescription, for the cure or prevention of disease.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2022, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at any time after the commission of the offense if the victim was under the age of 18 at the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2), shall be found or made and filed in the proper court within six years after the commission of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the property or services stolen is more than $35,000, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims is more than $35,000, shall be found or made and filed in the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or omissions, indictments or complaints for violations of section 609.671 shall be found or made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found or made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or
complaints for violation of section 609.746 shall be found or made and filed in
the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
(j) (k) In all
other cases, indictments or complaints shall be found or made and filed in the
proper court within three years after the commission of the offense.
(k) (l) The
limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within
this state.
(l) (m) The
limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written
agreement in a pretrial diversion program relating to that offense.
(m) (n) The
limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates
that the prosecuting or law enforcement agency purposefully delayed the DNA
analysis process in order to gain an unfair advantage.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to crimes committed on or
after that date and to crimes committed
before that date if the limitations period for the crime did not expire before
August 1, 2023.
Sec. 23. TASK
FORCE ON AIDING AND ABETTING FELONY MURDER.
(a) Laws 2021, First
Special Session chapter 11, article 2, section 53, subdivisions 2, 3, 4, and 5,
are revived and reenacted on the effective date of this section to expand the
focus of the task force's duties and work beyond the intersection of felony
murder and aiding and abetting liability for felony murder to more generally
apply to the broader issues regarding the state's felony murder doctrine and
aiding and abetting liability schemes discussed in "Task Force on Aiding
and Abetting Felony Murder," Report to the Minnesota Legislature, dated
February 1, 2022, "The Task Force's recommendations," number 4.
(b) On or before January
15, 2024, the task force shall submit a report to the chairs and ranking
minority members of the house of representatives and senate committees and
divisions with jurisdiction over crime and sentencing on the findings and
recommendations of the task force.
(c) The task force
expires January 16, 2024, or the day after submitting its report under
paragraph (b), whichever is earlier.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 24. LIABILITY
FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE APPLICATION.
Subdivision 1. Purpose. Any person convicted of a violation of
Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19,
subdivision 2, clause (1), under the theory of liability for crimes of another
and who is in the custody of the commissioner of corrections or under court
supervision is entitled to petition to have the person's conviction vacated
pursuant to this section.
Subd. 2. Definition. As used in this section, "major
participant" has the meaning given in Minnesota Statutes, section 609.05,
subdivision 2a, paragraph (c).
Subd. 3. Notification. (a) By December 1, 2023, the
commissioner of corrections shall notify individuals convicted for a violation
of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19,
subdivision 2, clause (1), of the right to file a preliminary application for
relief if:
(1) the person was
convicted for a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (3), and the person:
(i) did not cause the
death of a human being; and
(ii) did not
intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
(2) the person was
convicted for a violation of Minnesota Statutes, section 609.19, subdivision 2,
clause (1), and the person:
(i) did not cause the
death of a human being; and
(ii) was not a major
participant in the underlying felony and did not act with extreme indifference
to human life.
(b) The notice shall
include the address of the Ramsey County District Court court administration.
(c) The commissioner of
corrections may coordinate with the judicial branch to establish a standardized
notification form.
Subd. 4. Preliminary
application. (a) An applicant
shall submit a preliminary application to the Ramsey County District Court. The preliminary application must contain:
(1) the applicant's name
and, if different, the name under which the person was convicted;
(2) the applicant's date
of birth;
(3) the district court
case number of the case for which the person is seeking relief;
(4) a statement as to
whether the applicant was convicted following a trial or pursuant to a plea;
(5) a statement as to
whether the person filed a direct appeal from the conviction, a petition for
postconviction relief, or both;
(6) a brief statement,
not to exceed 3,000 words, explaining why the applicant is entitled to relief
under this section from a conviction for the death of a human being caused by
another; and
(7) the name and address
of any attorney representing the applicant.
(b) The preliminary
application may contain:
(1) the name, date of
birth, and district court case number of any other person charged with, or
convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
(2) a copy of a criminal
complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for
which the applicant was convicted.
(c) The judicial branch
may establish a standardized preliminary application form, but shall not reject
a preliminary application for failure to use a standardized form.
(d) Any person seeking
relief under this section must submit a preliminary application no later than
October 1, 2025. Submission is complete
upon mailing.
(e) Submission of a
preliminary application shall be without costs or any fees charged to the
applicant.
Subd. 5. Review
of preliminary application. (a)
Upon receipt of a preliminary application, the court administrator of the
Ramsey County District Court shall immediately direct attention of the filing
thereof to the chief judge or judge acting on the chief judge's behalf who
shall promptly assign the matter to a judge in said district.
(b) The judicial branch
may appoint a special master to review preliminary applications and may assign
additional staff as needed to assist in the review of preliminary applications.
(c) Within 90 days of
the Ramsey County District Court receiving the preliminary application, the
reviewing judge shall determine whether, in the discretion of that judge, there
is a reasonable probability that the application is entitled to relief under
this section.
(d) In making the
determination under paragraph (c), the reviewing judge shall consider the
preliminary application and any materials submitted with the preliminary
application and may consider relevant records in the possession of the judicial
branch.
(e) The court may
summarily deny an application when:
(1) the application does
not contain the information required under subdivision 4, paragraph (a);
(2) the applicant is not
in the custody of the commissioner of corrections or under court supervision;
(3) the applicant was
not convicted of a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (3), or 609.19, subdivision 2, clause (1), for crimes committed
before August 1, 2023; or
(4) the issues raised in
the application are not relevant to the relief available under this section or
have previously been decided by the court of appeals or the supreme court in
the same case.
(f) The court may also
summarily deny an application if the applicant has filed a second or successive
preliminary application, any prior application was denied for a reason other
than that it did not contain the information required under subdivision 4,
paragraph (a), and:
(1) the reviewing judge
previously determined that there was a reasonable probability that the
applicant was entitled to relief, but a court determined that the petitioner
did not qualify for relief under subdivision 7;
(2) a previous
application was submitted by an attorney representing the applicant; or
(3) the reviewing judge
previously determined that there was not a reasonable probability that the
applicant is entitled to relief, the second or successive preliminary
application does not contain any additional information described in
subdivision 4, paragraph (b), and the second or successive preliminary
application was submitted by someone other than an attorney representing the
applicant.
(g) If the reviewing judge
determines that there is a reasonable probability that the applicant is
entitled to relief, the judge shall send notice to the applicant and the
applicant's attorney, if any, and the prosecutorial office responsible for
prosecuting the applicant. In the event
the applicant is without counsel, the reviewing judge shall send notice to the
state public defender and shall advise the applicant of the referral.
(h) If the reviewing
judge determines that there is not a reasonable probability that the applicant
is entitled to relief, the judge shall send notice to the applicant and the
applicant's attorney, if any. The notice
must contain a brief statement explaining the reasons the reviewing judge
concluded that there is not a reasonable probability that the applicant is
entitled to relief.
Subd. 6. Petition
for relief; hearing. (a)
Unless extended for good cause, within 60 days of filing of the notice sent
pursuant to subdivision 5, paragraph (g), the individual seeking relief shall
file and serve a petition to vacate the conviction. The petition must be filed in the district
court of the judicial district in the county where the conviction took place
and must contain the information identified in subdivision 4, paragraph (a),
and a statement of why the petitioner is entitled to relief. The petition may contain any other relevant
information, including police reports, trial transcripts, and plea transcripts
involving the petitioner or any other person investigated for, charged with, or
convicted of a crime arising out of the same set of circumstances for which the
petitioner was convicted. The filing of
the petition and any document subsequent thereto and all proceedings thereon
shall be without costs or any fees charged to the petitioner.
(b) Upon filing of the
petition, the prosecutor shall make a good faith and reasonable effort to
notify any person determined to be a victim of the underlying offense that a
petition has been filed.
(c) A county attorney
representing the prosecutorial office shall respond to the petition by answer
or motion within 45 days after the filing of the petition pursuant to paragraph
(a) unless extended for good cause. The
response shall be filed with the court administrator of the district court and
served on the petitioner if unrepresented or on the petitioner's attorney. The response may serve notice of the intent
to support the petition or include a statement explaining why the petitioner is
not entitled to relief along with any supporting documents. The filing of the response and any document
subsequent thereto and all proceedings thereon shall be without costs or any
fees charged to the county attorney.
(d) The petitioner may
file a reply to the response filed by the county attorney within 15 days after
the response is filed, unless extended for good cause.
(e) Within 30 days of the
filing of the reply from the petition or, if no reply is filed, within 30 days
of the filing of the response from the county attorney, the court shall:
(1) issue an order and
schedule the matter for sentencing or resentencing pursuant to subdivision 7 if
the county attorney indicates an intent to support the petition;
(2) issue an order
denying the petition if additional information or submissions establish that
there is not a reasonable probability that the applicant is entitled to relief
under this section and include a memorandum identifying the additional
information or submissions and explaining the reasons why the court concluded
that there is not a reasonable probability that the applicant is entitled to
relief; or
(3) schedule the matter
for a hearing and issue any appropriate order regarding submission of evidence
or identification of witnesses.
(f) The hearing shall be
held in open court and conducted pursuant to Minnesota Statutes, section
590.04, except that the petitioner must be present at the hearing, unless
excused under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause
(3). The prosecutor shall make a good
faith and reasonable effort to notify any person determined to be a victim of
the hearing.
Subd. 7. Determination;
order; resentencing. (a) A
petitioner who was convicted of a violation of Minnesota Statutes, section
609.185, paragraph (a), clause (3), is entitled to relief if the petitioner
shows by a preponderance of the evidence that the petitioner:
(1) did not cause the
death of a human being; and
(2) did not intentionally
aid, advise, hire, counsel, or conspire with or otherwise procure another with
the intent to cause the death of a human being.
(b) A petitioner who was
convicted of a violation of Minnesota Statutes, section 609.19, subdivision 2,
clause (1), is entitled to relief if the petitioner shows by a preponderance of
the evidence that the petitioner:
(1) did not cause the
death of a human being; and
(2) was not a major
participant in the underlying felony and did not act with extreme indifference
to human life.
(c) If the court
determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If
the court determines that the petitioner is entitled to relief, the court shall
issue an order vacating the conviction for a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause
(1), and either:
(1) resentence the
petitioner for the most serious remaining offense for which the petitioner was
convicted; or
(2) enter a conviction
and impose a sentence for any other predicate felony arising out of the course
of conduct that served as the factual basis for the conviction vacated by the
court.
(d) The new sentence
announced by the court under this section must be for the most serious
predicate felony unless the most serious remaining offense for which the
petitioner was convicted is that offense or a more serious offense.
(e) If, pursuant to
paragraph (c), the court either resentences a petitioner or imposes a sentence,
the court shall also resentence the petitioner for any other offense if the
sentence was announced by a district court of the same county, the sentence was
either ordered to be served consecutively to the vacated conviction or the
criminal history calculation for that sentence included the vacated sentence,
and the changes made pursuant to paragraph (c) would have resulted in a
different criminal history score being used at the time of sentencing.
(f) The court shall state
in writing or on the record the reasons for its decision on the petition.
(g) If the court intends
to resentence a petitioner or impose a sentence on a petitioner, the court must
hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make a good faith and
reasonable effort to notify any person determined to be a victim of the hearing
and the right to submit or make a statement.
A sentence imposed under this subdivision shall not increase the
petitioner's total period of confinement or, if the petitioner was serving a
stayed sentence, increase the period of supervision. The court may increase the period of
confinement for a sentence that was ordered to be served consecutively to the
vacated conviction based on a change in the appropriate criminal history score
provided the court does not increase the petitioner's total period of
confinement. A person resentenced under
this paragraph is entitled to credit for time served in connection with the
vacated offense.
(h) Relief granted under
this section shall not be treated as an exoneration for purposes of the
Incarceration and Exoneration Remedies Act.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 25. REPEALER.
Minnesota Statutes 2022,
sections 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20; 617.201;
617.202; 617.21; 617.28; and 617.29, are repealed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 5
PUBLIC SAFETY AND CRIME VICTIMS
Section 1. Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:
Subd. 2. Contents of notice. The commissioners of health and public safety, in consultation with sexual assault victim advocates and health care professionals, shall develop the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:
(1) the obligation under
section 609.35 of the county where the criminal sexual conduct occurred state
to pay for the examination performed for the purpose of gathering evidence,
that payment is not contingent on the victim reporting the criminal sexual
conduct to law enforcement, and that the victim may incur expenses for
treatment of injuries;
(2) the victim's rights if the crime is reported to law enforcement, including the victim's right to apply for reparations under sections 611A.51 to 611A.68, information on how to apply for reparations, and information on how to obtain an order for protection or a harassment restraining order; and
(3) the opportunity under section 611A.27 to obtain status information about an unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1, paragraph (h).
Sec. 2. Minnesota Statutes 2022, section 145.4712, is amended to read:
145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.
Subdivision 1. Emergency care to female sexual assault victims. (a) It shall be the standard of care for all hospitals and other health care providers that provide emergency care to, at a minimum:
(1) provide each female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception from the American College of Obstetricians and Gynecologists and distributed to all hospitals by the Department of Health;
(2) orally inform each female sexual assault victim of the option of being provided with emergency contraception at the hospital or other health care facility; and
(3) immediately provide emergency contraception to each sexual assault victim who requests it provided it is not medically contraindicated and is ordered by a legal prescriber. Emergency contraception shall be administered in accordance with current medical protocols regarding timing and dosage necessary to complete the treatment.
(b) A hospital or health care provider may administer a pregnancy test. If the pregnancy test is positive, the hospital or health care provider does not have to comply with the provisions in paragraph (a).
Subd. 2. Emergency care to male and female sexual assault victims. It shall be the standard of care for all hospitals and health care providers that provide emergency care to, at a minimum:
(1) provide each sexual
assault victim with factually accurate and unbiased written and oral medical
information about prophylactic antibiotics for treatment of sexually
transmitted diseases infections;
(2) orally inform each sexual
assault victim of the option of being provided prophylactic antibiotics for
treatment of sexually transmitted diseases infections at the
hospital or other health care facility; and
(3) immediately provide
prophylactic antibiotics for treatment of sexually transmitted diseases infections
to each sexual assault victim who requests it, provided it is not medically
contraindicated and is ordered by a legal prescriber.
Sec. 3. Minnesota Statutes 2022, section 169A.40, subdivision 3, is amended to read:
Subd. 3. Certain
DWI offenders; custodial arrest. (a)
Notwithstanding rule 6.01 of the Rules of Criminal Procedure, a peace officer
acting without a warrant who has decided to proceed with the prosecution of a
person for violating section 169A.20 (driving while impaired), shall arrest and
take the person into custody, and the person must be detained until the
person's first court appearance, if the officer has reason to believe that
the violation occurred:
(1) under the circumstances
described in section 169A.24 (first-degree driving while impaired) or;
(2) under the circumstances described in section 169A.25 (second-degree driving while impaired);
(2) (3) under
the circumstances described in section 169A.26 (third-degree driving while
impaired) if the person is under the age of 19;
(3) (4) in
the presence of an aggravating factor described in section 169A.03, subdivision
3, clause (2) or (3); or
(4) (5) while
the person's driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (10) (persons not eligible for drivers'
licenses, inimical to public safety).
(b) A person described
in paragraph (a), clause (1) or (5), must be detained until the person's first
court appearance.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2022, section 169A.41, subdivision 1, is amended to read:
Subdivision 1. When authorized. When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving), or an alcohol-related violation of section 221.0314 or 221.605 committed by a driver of a commercial vehicle, the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner for this purpose.
Sec. 5. Minnesota Statutes 2022, section 169A.41, subdivision 2, is amended to read:
Subd. 2. Use of test results. The results of this preliminary screening test must be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any court action except the following:
(1) to prove that a test was properly required of a person pursuant to section 169A.51, subdivision 1;
(2) in a civil action arising out of the operation or use of the motor vehicle;
(3) in an action for license reinstatement under section 171.19;
(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while impaired; test refusal);
(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);
(6) in a prosecution under
section 169A.31 (alcohol-related school or Head Start bus driving), or 171.30
(limited license); or
(7) in a prosecution for a
violation of a restriction on a driver's license under section 171.09, which
provides that the license holder may not use or consume any amount of alcohol
or a controlled substance.; or
(8) in a prosecution for
a violation of Code of Federal Regulations, title 49, part 392, as adopted in
sections 221.0314, subdivision 6, and 221.605.
Sec. 6. Minnesota Statutes 2022, section 169A.44, is amended to read:
169A.44 CONDITIONAL RELEASE.
Subdivision 1. Nonfelony violations. (a) This subdivision applies to a person charged with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(b) Except as provided in subdivision 3, unless maximum bail is imposed under section 629.471, a person described in paragraph (a) may be released from detention only if the person agrees to:
(1) abstain from alcohol; and
(2) submit to a program of electronic alcohol monitoring, involving at least daily measurements of the person's alcohol concentration, pending resolution of the charge.
Clause (2) applies only when electronic alcohol-monitoring equipment is available to the court. The court shall require partial or total reimbursement from the person for the cost of the electronic alcohol monitoring, to the extent the person is able to pay.
Subd. 2. Felony violations. (a) Except as provided in subdivision 3, a person charged with violating section 169A.20 within ten years of the first of three or more qualified prior impaired driving incidents may be released from detention only if the following conditions are imposed:
(1) the conditions described in subdivision 1, paragraph (b), if applicable;
(2) the impoundment of the registration plates of the vehicle used to commit the violation, unless already impounded;
(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;
(4) a requirement that the person report weekly to a probation agent;
(5) a requirement that the person abstain from consumption of alcohol and controlled substances and submit to random alcohol tests or urine analyses at least weekly;
(6) a requirement that, if convicted, the person reimburse the court or
county for the total cost of these services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release under paragraph (a), if required by court rule, the court shall also fix the amount of money bail without other conditions upon which the defendant may obtain release.
Subd. 3. Exception;
ignition interlock program. (a)
A court is not required, either when initially reviewing a person's release or
when modifying the terms of the person's release, to order a person charged
with violating section 169A.24 (first-degree driving while impaired), 169A.25
(second-degree driving while impaired), or 169A.26 (third‑degree driving
while impaired) to submit to a program of electronic alcohol monitoring under
subdivision 1 or 2 if the person becomes a program participant in the ignition
interlock program under section 171.306.
(b) A judicial officer,
county agency, or probation office may not require or suggest that the person
use a particular ignition interlock vendor when complying with this subdivision
but may provide the person with a list of all Minnesota vendors of certified
devices.
(c) Paragraph (b) does
not apply in counties where a contract exists for a specific vendor to provide
interlock device service for program participants who are indigent pursuant to
section 171.306, subdivision 2, paragraph (b), clause (1).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 7. Minnesota Statutes 2022, section 169A.60, subdivision 2, is amended to read:
Subd. 2. Plate impoundment violation; impoundment order. (a) The commissioner shall issue a registration plate impoundment order when:
(1) a person's driver's license or driving privileges are revoked for a plate impoundment violation;
(2) a person is arrested for or charged with a plate impoundment violation described in subdivision 1, paragraph (d), clause (5); or
(3) a person issued new registration plates pursuant to subdivision 13, paragraph (f), violates the terms of the ignition interlock program as described in subdivision 13, paragraph (g).
(b) The order must require
the impoundment of the registration plates of the motor vehicle involved in the
plate impoundment violation and all motor vehicles owned by, registered, or
leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined
in section 168.041, subdivision 10, or a vehicle registered in another state.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to acts occurring on or after that date.
Sec. 8. Minnesota Statutes 2022, section 171.306, is amended by adding a subdivision to read:
Subd. 9. Choice
of vendor. (a) A judicial
officer, county agency, or probation office may not require or suggest that a
person participating in the ignition interlock program under this section use a
particular ignition interlock vendor but may provide the person with a list of
all Minnesota vendors of certified devices.
(b) Paragraph (a) does
not apply in counties where a contract exists for a specific vendor to provide
interlock device service for program participants who are indigent pursuant to
subdivision 2, paragraph (b), clause (1).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2022, section 256I.04, subdivision 2g, is amended to read:
Subd. 2g. Crisis
shelters. Secure crisis shelters for
battered women victims of domestic abuse and their children
designated by the Minnesota Department of Corrections Public Safety
are not eligible for housing support under this chapter.
Sec. 10. Minnesota Statutes 2022, section 297I.06, subdivision 1, is amended to read:
Subdivision 1. Insurance
policies surcharge. (a) Except as
otherwise provided in subdivision 2, each licensed insurer engaged in writing
policies of homeowner's insurance authorized in section 60A.06, subdivision 1, clause
(1)(c), or commercial fire policies or commercial nonliability policies shall
collect a surcharge as provided in this paragraph. Through June 30, 2013, The surcharge
is equal to 0.65 percent of the gross premiums and assessments, less return
premiums, on direct business received by the company, or by its agents for it,
for homeowner's insurance policies, commercial fire policies, and commercial
nonliability insurance policies in this state.
Beginning July 1, 2013, the surcharge is 0.5 percent.
(b) The surcharge amount collected under paragraph (a) or subdivision 2, paragraph (b), may not be considered premium for any other purpose. The surcharge amount under paragraph (a) must be separately stated on either a billing or policy declaration or document containing similar information sent to an insured.
(c) Amounts collected by the commissioner under this section must be deposited in the fire safety account established pursuant to subdivision 3.
Sec. 11. [299A.012]
ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION.
(a) The commissioner may
accept donations, nonfederal grants, bequests, and other gifts of money to
carry out the purposes of chapter 299A. The
commissioner may not accept any contributions under this section unless the
contributions can be applied to divisions and programs that are related to
statutory duties of the department. Donations,
nonfederal grants, bequests, or other gifts of money accepted by the
commissioner must be deposited in an account in the special revenue fund and
are appropriated to the commissioner for the purpose for which the money was
given if the department is authorized to conduct that activity under this
chapter.
(b) By January 15 of each
year, the commissioner shall report to the chairs and ranking minority members
of the senate and house of representatives committees with jurisdiction over
public safety policy and finance on the money received under this section, the
sources of the money, and the specific purposes for which it was used.
Sec. 12. Minnesota Statutes 2022, section 299A.296, is amended to read:
299A.296 COMMUNITY CRIME INTERVENTION AND PREVENTION PROGRAMS;
GRANTS.
Subdivision 1. Programs. The commissioner shall, in consultation
with the chemical abuse and violence prevention council, administer a grant
program to fund community-based programs that are designed to enhance the
community's sense of personal security and to assist the community in its crime
control and prevention efforts
operate crime or violence prevention and intervention programs that provide direct services to community members. Programs must be culturally competent and identify specific outcomes that can be tracked and measured to demonstrate the impact the program has on community crime and violence. Examples of qualifying programs include, but are not limited to, the following:
(1) community-based
programs designed to provide services for children under 14 years of age
and youth who are juvenile offenders or who are at risk of becoming
juvenile offenders. The programs
must give priority to:
(i) juvenile restitution;
(ii) prearrest or pretrial diversion, including through mediation;
(iii) probation innovation;
(iv) teen courts, community service; or
(v) post-incarceration alternatives to assist youth in returning to their communities;
(2) community-based
programs designed to provide at-risk children and youth under 14 years of
age with after‑school and summer enrichment activities;
(3) community-based programs designed to discourage young people from involvement in unlawful drug or street gang activities, such as neighborhood youth centers;
(4) neighborhood block clubs and innovative community-based crime prevention programs;
(5) community- and school-based programs designed to enrich the educational, cultural, or recreational opportunities of at-risk children and youth, including programs designed to keep at-risk youth from dropping out of school and encourage school dropouts to return to school;
(6) community-based programs designed to intervene with juvenile offenders who are identified as likely to engage in repeated criminal activity in the future unless intervention is undertaken;
(7) community-based collaboratives that coordinate multiple programs and funding sources to address the needs of at-risk children and youth, including, but not limited to, collaboratives that address the continuum of services for juvenile offenders and those who are at risk of becoming juvenile offenders;
(8) programs that are proven successful at increasing the rate of school success or the rate of postsecondary education attendance for high-risk students;
(9) community-based
programs that provide services to homeless youth assistance
programs;
(10) programs designed to reduce truancy;
(11) other community- and school-based crime prevention programs that are innovative and encourage substantial involvement by members of the community served by the program;
(12) community-based
programs that attempt to prevent and educate on the risks of sex
trafficking, ameliorate the effects of teenage prostitution sex
trafficking, or both;
(13) programs for mentoring
at-risk youth, including youth at risk of gang involvement; and
(14) programs operated by
community violence prevention councils;
(15) programs that
intervene in volatile situations to mediate disputes before they become
violent; and
(16) programs that provide services to individuals and families harmed by gun violence.
Subd. 2. Grant procedure. (a) A local unit of government or a nonprofit community-based entity may apply for a grant by submitting an application with the commissioner. The applicant shall specify the following in its application:
(1) a description of each program for which funding is sought;
(2) specific outcomes and performance indicators for the program;
(3) a description of the planning process that identifies local community needs, surveys existing programs, provides for coordination with existing programs, and involves all affected sectors of the community;
(4) the geographical area
to be served by the program; and
(5) statistical
information as to the number of arrests in the geographical area for violent
crimes and for crimes involving Schedule I and II controlled substances. "Violent crime" includes a
violation of or an attempt or conspiracy to violate any of the following laws: sections 609.185; 609.19; 609.195; 609.20;
609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228;
609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663;
609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344;
609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1;
609.687; or any provision of chapter 152 that is punishable by a maximum
sentence greater than ten years; or Minnesota Statutes 2012, section 609.21; and
crime data or other statistical information to demonstrate the need for the
proposed services.
(6) the number of
economically disadvantaged youth in the geographical areas to be served by the
program.
(b) The commissioner shall
give priority to funding community-based collaboratives, programs that
demonstrate substantial involvement by members of the community served
by the program, programs that have local government or law enforcement
support, community intervention and prevention programs that are reducing
disparities in the communities they serve, and programs that either
serve the geographical areas that have the highest crime rates, as measured by
the data supplied under paragraph (a), clause (5), or serve geographical areas
that have the largest concentrations of economically disadvantaged youth. Up to 2.5 percent of the appropriation may be
used by the commissioner to administer the program serve communities
disproportionately impacted by violent crime.
Sec. 13. Minnesota Statutes 2022, section 299A.38, is amended to read:
299A.38 SOFT BODY ARMOR REIMBURSEMENT.
Subdivision 1. Definitions. As used in this section:
(a) (1) "commissioner"
means the commissioner of public safety.;
(2)
"firefighter" means a volunteer, paid on-call, part-time, or career
firefighter serving a general population within the boundaries of the state;
(b) (3) "peace
officer" means a person who is licensed under section 626.84, subdivision
1, paragraph (c).;
(4) "public safety
officer" means a peace officer, firefighter, or qualified emergency
medical service provider;
(5) "qualified
emergency medical service provider" means a person certified under section
144E.28 who is actively employed by a Minnesota licensed ambulance service; and
(c) (6) "vest"
means bullet-resistant soft body armor that is flexible, concealable, and
custom fitted to the peace public safety officer to provide
ballistic and trauma protection.
Subd. 2. State
and local reimbursement. Peace
Public safety officers and heads of local law enforcement
agencies and entities who buy vests for the use of peace public
safety officer employees may apply to the commissioner for reimbursement of
funds spent to buy vests. On approving
an application for reimbursement, the commissioner shall pay the applicant an
amount equal to the lesser of one-half of the vest's purchase price or $600, as
adjusted according to subdivision 2a. The
political subdivision agency or entity that employs the peace
public safety officer shall pay at least the lesser of one-half of the
vest's purchase price or $600, as adjusted according to subdivision 2a. The political subdivision employer
may not deduct or pay its share of the vest's cost from any clothing,
maintenance, or similar allowance otherwise provided to the peace public
safety officer by the law enforcement agency employer.
Subd. 2a. Adjustment of reimbursement amount. On October 1, 2006, the commissioner of public safety shall adjust the $600 reimbursement amounts specified in subdivision 2, and in each subsequent year, on October 1, the commissioner shall adjust the reimbursement amount applicable immediately preceding that October 1 date. The adjusted rate must reflect the annual percentage change in the Consumer Price Index for all urban consumers, published by the federal Bureau of Labor Statistics, occurring in the one-year period ending on the preceding June 1.
Subd. 3. Eligibility requirements. (a) Only vests that either meet or exceed the requirements of standard 0101.03 of the National Institute of Justice or that meet or exceed the requirements of that standard, except wet armor conditioning, are eligible for reimbursement.
(b) Eligibility for
reimbursement is limited to vests bought after December 31, 1986, by or for peace
public safety officers (1) who did not own a vest meeting the
requirements of paragraph (a) before the purchase, or (2) who owned a vest that
was at least five years old.
(c) The requirement set
forth in paragraph (b), clauses (1) and (2), shall not apply to any peace
public safety officer who purchases a vest constructed from a
zylon-based material, provided that the peace public safety
officer provides proof of purchase or possession of the vest prior to July 1,
2005.
Subd. 4. Rules. The commissioner may adopt rules under chapter 14 to administer this section.
Subd. 5. Limitation
of liability. A state agency,
political subdivision of the state, or state or local government
employee, or other entity that provides reimbursement for purchase of a
vest under this section is not liable to a peace public safety
officer or the peace public safety officer's heirs for negligence
in the death of or injury to the peace public safety officer
because the vest was defective or deficient.
Subd. 6. Right
to benefits unaffected. A peace
public safety officer who is reimbursed for the purchase of a vest under
this section and who suffers injury or death because the officer failed to wear
the vest, or because the officer wore a vest that was defective or deficient,
may not lose or be denied a benefit or right, including a benefit under section
299A.44, to which the officer, or the officer's heirs, is otherwise entitled.
Sec. 14. Minnesota Statutes 2022, section 299A.41, subdivision 3, is amended to read:
Subd. 3. Killed in the line of duty. (a) "Killed in the line of duty" does not include deaths from natural causes, except as provided in this subdivision. In the case of a public safety officer, killed in the line of duty includes the death of a public safety officer caused by accidental means while the public safety officer is acting in the course and scope of duties as a public safety officer. Killed in the line of duty also means if a public safety officer dies as the direct and proximate result of a heart attack, stroke, or vascular rupture, that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty if:
(1) that officer, while on duty:
(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or
(ii) participated in a training exercise, and that participation involved nonroutine stressful or strenuous physical activity;
(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
(i) while engaging or participating under clause (1);
(ii) while still on duty after engaging or participating under clause (1); or
(iii) not later than 24 hours after engaging or participating under clause (1); and
(3) the presumption is not overcome by competent medical evidence to the contrary.
(b) "Killed in the
line of duty" also means that the officer died due to suicide:
(1) secondary to a
diagnosis of posttraumatic stress disorder as described in the most recent
edition of the Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association; or
(2) within 45 days of the
end of exposure, while on duty, to a traumatic event.
Sec. 15. Minnesota Statutes 2022, section 299A.41, is amended by adding a subdivision to read:
Subd. 6. Traumatic
event. "Traumatic
event" means:
(1) a homicide, suicide,
or the violent or gruesome death of another individual, including but not
limited to a death resulting from a mass casualty event, mass fatality event,
or mass shooting;
(2) a harrowing
circumstance posing an extraordinary and significant danger or threat to the
life of or of serious bodily harm to any individual, including but not limited
to a death resulting from a mass casualty event, mass fatality event, or mass
shooting; or
(3) an act of criminal
sexual violence committed against any individual.
Sec. 16. Minnesota Statutes 2022, section 299A.48, is amended to read:
299A.48 CITATION.
Sections 299A.48 to 299A.52
and 299K.095 may be cited as the "Minnesota Hazardous Materials Emergency
Incident Response Act."
Sec. 17. Minnesota Statutes 2022, section 299A.49, is amended to read:
299A.49 DEFINITIONS.
Subdivision 1. Scope. For the purposes of sections 299A.48 to
299A.52 and 299K.095, the following terms have the meanings given them.
Subd. 1a. Bomb
squad. "Bomb squad"
means a team trained, equipped, and authorized by the commissioner to evaluate
and provide disposal operations for bombs or other similar hazardous explosives. Bomb squad includes a bomb disposal unit as
defined in section 299C.063.
Subd. 2. Chemical
assessment team. "Chemical
assessment team" means a team (1) trained, equipped, and authorized to
evaluate and, when possible, provide simple mitigation to a hazardous materials
incident and (2) required to recommend to the local incident manager the best
means of controlling the hazard after consideration of life safety concerns,
environmental effects, exposure hazards, quantity and type of hazardous
material, availability of resources, or other relevant factors.
Subd. 3. Commissioner. "Commissioner" means the commissioner of public safety.
Subd. 3a. Emergency
response incident. "Emergency
response incident" means any incident to which the response of a state
emergency response asset is required.
Subd. 4. Hazardous materials. "Hazardous materials" means substances or materials that, because of their chemical, physical, or biological nature, pose a potential risk to life, health, or property if they are released. "Hazardous materials" includes any substance or material in a particular form or quantity that may pose an unreasonable risk to health, safety, and property, or any substance or material in a quantity or form that may be harmful to humans, animals, crops, water systems, or other elements of the environment if accidentally or intentionally released. Hazardous substances so designated may include explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, chemical and biological substances, and toxic or flammable gases.
Subd. 4a. Hazardous
materials emergency response team. "Hazardous
materials emergency response team" means a team (1) trained, equipped, and
authorized to evaluate and, when possible, provide practical mitigation to a
hazardous materials incident and (2) required to recommend to the local
incident manager the best means of controlling the hazard after consideration
of life safety concerns, environmental effects, exposure hazards, quantity and
type of hazardous material, availability of resources, and other relevant
factors.
Subd. 5. Local unit of government. "Local unit of government" means a county, home rule charter or statutory city, or town.
Subd. 5a. Minnesota
air rescue team. "Minnesota
air rescue team" means a team trained, equipped, and authorized by the
commissioner to perform specialized air rescue operations.
Subd. 6. Person. "Person" means any individual, partnership, association, public or private corporation or other entity including the United States government, any interstate body, the state, and any agency, department, or political subdivision of the state.
Subd. 7. Regional
Hazardous materials response team. "Regional
hazardous materials response team" means a team trained and equipped to
respond to and mitigate a hazardous materials release. A regional hazardous materials response team
may include strategically located chemical assessment teams.
Subd. 8. State
emergency response asset. "State
emergency response asset" means any team or teams defined under this
section.
Subd. 9. Urban
search and rescue team (USAR). "Urban
search and rescue team" or "USAR" means a team trained and
equipped to respond to and carry out rescue and recovery operations at the
scene of a collapsed structure. A USAR
team may include strategically located fire department assets combined under
one joint powers agreement.
Sec. 18. Minnesota Statutes 2022, section 299A.50, is amended to read:
299A.50 RESPONSE PLAN.
Subdivision 1. Elements of plan; rules. After consultation with the commissioners of natural resources, agriculture, transportation, and the Pollution Control Agency, the state fire marshal, the Emergency Response Commission, appropriate technical emergency response representatives, and representatives of affected parties, the commissioner shall adopt rules to implement a statewide hazardous materials incident response plan. The plan must include:
(1) the locations of up
to five regional hazardous materials emergency response teams, based
on the location of hazardous materials, response time, proximity to large
population centers, and other factors;
(2) the number and qualifications of members on each team;
(3) the responsibilities of regional
hazardous materials emergency response teams;
(4) equipment needed for regional
hazardous materials emergency response teams;
(5) procedures for selecting
and contracting with local governments or nonpublic persons to establish regional
hazardous materials emergency response teams;
(6) procedures for dispatching teams at the request of local governments;
(7) a fee schedule for reimbursing local governments or nonpublic persons responding to an incident; and
(8) coordination with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, and other nonpublic persons.
Subd. 2. Contract and agreement. The commissioner may cooperate with and enter into contracts with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, or nonpublic persons to implement the emergency incident response plan.
Subd. 3. Long-term
oversight; transition. When a regional
hazardous materials emergency response team has completed its response
to an incident, the commissioner shall notify the commissioner of the Pollution
Control Agency, which is responsible for assessing environmental damage caused
by the incident and providing oversight of monitoring and remediation of that
damage from the time the response team has completed its activities.
Sec. 19. Minnesota Statutes 2022, section 299A.51, is amended to read:
299A.51 LIABILITY AND WORKERS' COMPENSATION.
Subdivision 1. Liability. During operations authorized under
section 299A.50, members of a regional hazardous materials team state
emergency response asset operating outside their geographic jurisdiction
are "employees of the state" as defined in section 3.736.
Subd. 2. Workers'
compensation. During operations
authorized under section 299A.50, members of a regional hazardous materials
team state emergency response asset operating outside their
geographic jurisdiction are considered employees of the Department of Public
Safety for purposes of chapter 176.
Subd. 3. Limitation. A person who provides personnel and
equipment to assist at the scene of a hazardous materials an
emergency response incident outside the person's geographic jurisdiction or
property, at the request of the state or a local unit of government, is not
liable for any civil damages resulting from acts or omissions in providing the
assistance, unless the person acts in a willful and wanton or reckless manner
in providing the assistance.
Sec. 20. Minnesota Statutes 2022, section 299A.52, is amended to read:
299A.52 RESPONSIBLE PERSON PARTY.
Subdivision 1. Response
liability. A responsible person
party, as described in section 115B.03, is liable for the reasonable and
necessary costs, including legal and administrative costs, of response to a
hazardous materials an emergency response incident or explosives
disposal under section 299C.063 incurred by a regional hazardous
materials response team state emergency response asset or local unit
of government. For the purposes of this
section, "hazardous substance" as used in section 115B.03 means
"hazardous material" as defined in section 299A.49.
Subd. 2. Expense
recovery. The commissioner shall
assess the responsible person party for the regional hazardous
materials response team an emergency response asset's costs of
response. The commissioner may bring an
action for recovery of unpaid costs, reasonable attorney fees, and any
additional court costs. Any funds
received by the commissioner under this subdivision are appropriated to the
commissioner to pay for costs for which the funds were received. Any remaining funds at the end of the biennium
shall be transferred to the Fire Safety Account.
Subd. 3. Attempted
avoidance of liability. For purposes
of sections 299A.48 to 299A.52 and 299K.095, a responsible person party
may not avoid liability by conveying any right, title, or interest in real
property or by any indemnification, hold harmless agreement, or similar
agreement.
Sec. 21. Minnesota Statutes 2022, section 299A.642, subdivision 15, is amended to read:
Subd. 15. Required reports. By February 1 of each year, the commissioner of public safety shall submit the following reports to the chairs and ranking minority members of the senate and house of representatives committees and divisions having jurisdiction over criminal justice policy and funding:
(1) a report containing a summary of all audits conducted on multijurisdictional entities under subdivision 4;
(2) a report on the results
of audits conducted on data submitted to the criminal gang investigative data
system under section 299C.091; and
(3) a report on the
activities and goals of the coordinating council; and
(4) a report on how funds appropriated for violent crime reduction strategies were used.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. Minnesota Statutes 2022, section 299A.73, is amended by adding a subdivision to read:
Subd. 3a. Report. On or before March 31 of each year,
the Minnesota Youth Intervention Programs Association shall report to the
chairs and ranking minority members of the committees and divisions with
jurisdiction over public safety policy and finance on the implementation, use,
and administration of the grant program created under this section. The report shall include information sent by
agencies administering youth intervention programs to the Minnesota Youth
Intervention Programs Association and the Office of Justice Programs. At a minimum, the report must identify:
(1) the grant
recipients;
(2) the geographic
location of the grant recipients;
(3) the total number of
individuals served by all grant recipients, disaggregated by race, ethnicity,
and gender;
(4) the total number of
individuals served by all grant recipients who successfully completed
programming, disaggregated by age, race, ethnicity, and gender;
(5) the total amount of
money awarded in grants and the total amount remaining to be awarded from each
appropriation;
(6) the amount of money
granted to each recipient;
(7) grantee workplan
objectives;
(8) how the grant was
used based on grantee quarterly narrative reports and financial reports; and
(9) summarized relevant
youth intervention program outcome survey data measuring the developmental
assets of participants, based on Search Institute's Developmental Assets
Framework.
Sec. 23. Minnesota Statutes 2022, section 299A.783, subdivision 1, is amended to read:
Subdivision 1. Antitrafficking
investigation coordinator. The
commissioner of public safety must appoint a statewide antitrafficking
investigation coordinator who shall work in the Office of Justice Programs. The coordinator must be a current or former
law enforcement officer or prosecutor with experience investigating or
prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and
Safe Harbor response for victims of sex trafficking and sexual exploitation and
Minnesota's child welfare system response.
The coordinator serves at the pleasure of the commissioner in the
unclassified service.
Sec. 24. Minnesota Statutes 2022, section 299A.85, subdivision 6, is amended to read:
Subd. 6. Reports. The office must report on measurable outcomes achieved to meet its statutory duties, along with specific objectives and outcome measures proposed for the following year. The report must include data and statistics on missing and murdered Indigenous women, children, and Two-Spirit relatives in Minnesota, including names, dates of disappearance, and dates of death, to the extent the data is publicly available. The report must also identify and describe the work of any reward advisory group and itemize the expenditures of the Gaagige‑Mikwendaagoziwag reward account, if any. The office must submit the report by January 15 each year to the chairs and ranking minority members of the legislative committees with primary jurisdiction over public safety.
Sec. 25. [299A.86]
GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT FOR INFORMATION ON MISSING AND MURDERED
INDIGENOUS RELATIVES.
Subdivision 1. Definitions. As used in this section:
(1) "Gaagige-Mikwendaagoziwag"
means "they will be remembered forever";
(2) "missing and
murdered Indigenous relatives" means missing and murdered Indigenous
people from or descended from a federally recognized Indian Tribe; and
(3)
"Two-Spirit" means cultural, spiritual, sexual, and gender identity
as reflected in complex Indigenous understandings of gender roles,
spirituality, and the long history of gender diversity in Indigenous cultures.
Subd. 2. Account
created. An account for
rewards for information on missing and murdered Indigenous women, children, and
Two-Spirit relatives is created in the special revenue fund. Money deposited into the account is
appropriated to the commissioner of public safety to pay rewards and for the
purposes provided under this section.
Subd. 3. Reward. The director of the Office for Missing
and Murdered Indigenous Relatives, in consultation with the
Gaagige-Mikwendaagoziwag reward advisory group:
(1) shall determine the
eligibility criteria and procedures for granting rewards under this section;
and
(2) is authorized to pay
a reward to any person who provides relevant information relating to a missing
and murdered Indigenous woman, child, and Two-Spirit relative investigation.
Subd. 4. Reward
advisory group. (a) The
director of the Office for Missing and Murdered Indigenous Relatives, in
consultation with the stakeholder groups described in section 299A.85,
subdivision 5, shall appoint an advisory group to make recommendations on:
(1) paying rewards under
this section;
(2) supporting
community-based efforts through funding community-led searches and search kits,
including but not limited to global position system devices and vests;
community-led communications, including but not limited to flyers, staples, and
duct tape; and other justice-related expenses;
(3) funding for
community-led communications and outreach, including but not limited to
billboards and other media-related expenses;
(4) funding activities
and programs to gather information on missing and murdered Indigenous women,
children, and Two-Spirit relatives and to partner with and support
community-led efforts;
(5) developing,
implementing, and coordinating prevention and awareness programming based on
best practices and data-driven research; and
(6) any other funding
activities and needs.
(b) The advisory group
shall consist of the following individuals:
(1) a representative
from the Office for Missing and Murdered Indigenous Relatives;
(2) a representative from a
Tribal, statewide, or local organization that provides legal services to
Indigenous women and girls;
(3) a representative
from a Tribal, statewide, or local organization that provides advocacy or
counseling for Indigenous women and girls who have been victims of violence;
(4) a representative
from a Tribal, statewide, or local organization that provides services to
Indigenous women and girls;
(5) a Tribal peace
officer who works for or resides on a federally recognized American Indian
reservation in Minnesota;
(6) a representative
from the Minnesota Human Trafficking Task Force; and
(7) a survivor or family
member of a missing and murdered Indigenous woman, child, or Two-Spirit
relative.
(c) Members serve a term
of four years. Vacancies shall be filled
by the appointing authority and members may be reappointed.
(d) The advisory group
shall meet as necessary but at a minimum twice per year to carry out its duties. The director shall provide necessary office
space and administrative support to the group.
Members of the group serve without compensation but shall receive
expense reimbursement as provided in section 15.059.
(e) The representative
from the Office for Missing and Murdered Indigenous Relatives may fully
participate in the advisory group's activities but may not vote on issues
before the group.
Subd. 5. Advertising. The director of the Office for Missing
and Murdered Indigenous Relatives, in consultation with the reward advisory
group, may spend up to four percent of available funds on an advertising or
public relations campaign to increase public awareness on the availability of
rewards under this section.
Subd. 6. Grants;
donations. The director of
the Office for Missing and Murdered Indigenous Relatives, in consultation with
the reward advisory group, may apply for and accept grants and donations from
the public and from public and private entities to implement this section. The commissioner of public safety shall
deposit any grants or donations received under this subdivision into the
account established under subdivision 1.
Subd. 7. Expiration. Notwithstanding section 15.059,
subdivision 6, the advisory group does not expire.
Sec. 26. [299A.90]
OFFICE FOR MISSING AND MURDERED BLACK WOMEN AND GIRLS.
Subdivision 1. Establishment. The commissioner shall establish and
maintain an office dedicated to preventing and ending the targeting of Black
women and girls within the Minnesota Office of Justice Programs.
Subd. 2. Director;
staff. (a) The commissioner
must appoint a director who is a person closely connected to the Black
community and who is highly knowledgeable about criminal investigations. The commissioner is encouraged to consider
candidates for appointment who are recommended by members of the Black
community.
(b) The director may
select, appoint, and compensate out of available funds assistants and employees
as necessary to discharge the office's responsibilities.
(c) The director and
full-time staff shall be members of the Minnesota State Retirement Association.
Subd. 3. Duties. (a) The office has the following
duties:
(1) advocate in the
legislature for legislation that will facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African
American Women;
(2) advocate for state
agencies to take actions to facilitate the accomplishment of mandates
identified in the report of the Task Force on Missing and Murdered African
American Women;
(3) develop
recommendations for legislative and agency actions to address injustice in the
criminal justice system's response to cases of missing and murdered Black women
and girls;
(4) facilitate research
to refine the mandates in the report of the Task Force on Missing and Murdered
African American Women and to assess the potential efficacy, feasibility, and
impact of the recommendations;
(5) collect data on
missing person and homicide cases involving Black women and girls, including
the total number of cases, the rate at which the cases are solved, the length
of time the cases remain open, and a comparison to similar cases involving different
demographic groups;
(6) collect data on
Amber Alerts, including the total number of Amber Alerts issued, the total
number of Amber Alerts that involve Black girls, and the outcome of cases
involving Amber Alerts disaggregated by the child's race and sex;
(7) collect data on
reports of missing Black girls, including the number classified as voluntary
runaways, and a comparison to similar cases involving different demographic
groups;
(8) analyze and assess
the intersection between cases involving missing and murdered Black women and
girls and labor trafficking and sex trafficking;
(9) develop
recommendations for legislative, agency, and community actions to address the
intersection between cases involving missing and murdered Black women and girls
and labor trafficking and sex trafficking;
(10) analyze and assess
the intersection between cases involving murdered Black women and girls and
domestic violence, including prior instances of domestic violence within the
family or relationship, whether an offender had prior convictions for domestic
assault or related offenses, and whether the offender used a firearm in the
murder or any prior instances of domestic assault;
(11) develop
recommendations for legislative, agency, and community actions to address the
intersection between cases involving murdered Black women and girls and
domestic violence;
(12) develop tools and
processes to evaluate the implementation and impact of the efforts of the
office;
(13) track and collect
Minnesota data on missing and murdered Black women and girls, and provide
statistics upon public or legislative inquiry;
(14) facilitate
technical assistance for local and Tribal law enforcement agencies during
active cases involving missing and murdered Black women and girls;
(15) conduct case
reviews and report on the results of case reviews for the following types of
cases involving missing and murdered Black women and girls: cold cases for missing Black women and girls
and death investigation review for cases of Black women and girls ruled as
suicide or overdose under suspicious circumstances;
(16) conduct case reviews of
the prosecution and sentencing for cases where a perpetrator committed a
violent or exploitative crime against a Black woman or girl. These case reviews must identify those cases
where the perpetrator is a repeat offender;
(17) prepare draft
legislation as necessary to allow the office access to the data necessary for
the office to conduct the reviews required in this section and advocate for
passage of that legislation;
(18) review sentencing
guidelines for crimes related to missing and murdered Black women and girls,
recommend changes if needed, and advocate for consistent implementation of the
guidelines across Minnesota courts;
(19) develop and maintain communication with relevant divisions in the Department of Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding any cases involving missing and murdered Black women and girls and on procedures for investigating cases involving missing and murdered Black women and girls;
(20) consult with the
Council for Minnesotans of African Heritage established in section 15.0145; and
(21) coordinate, as
relevant, with federal efforts, and efforts in neighboring states and Canada.
(b) As used in this
subdivision:
(1) "labor
trafficking" has the meaning given in section 609.281, subdivision 5; and
(2) "sex
trafficking" has the meaning given in section 609.321, subdivision 7a.
Subd. 4. Coordination
with other organizations. In
fulfilling its duties, the office may coordinate, as useful, with stakeholder
groups that were represented on the Task Force on Missing and Murdered African
American Women and state agencies that are responsible for the systems that
play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Black women and girls; those who have a role in
supporting or advocating for missing or murdered Black women and girls and the
people who seek justice for them; and those who represent the interests of
Black people. This includes the
following entities: Minnesota Chiefs of
Police Association; Minnesota Sheriffs' Association; Bureau of Criminal
Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's
Office; juvenile courts; Minnesota Coroners' and Medical Examiners'
Association; United States Coast Guard; state agencies, including the
Departments of Health, Human Services, Education, Corrections, and Public
Safety; service providers who offer legal services, advocacy, and other
services to Black women and girls; Black women and girls who are survivors; and
organizations and leadership from urban and statewide Black communities.
Subd. 5. Reports. The office must report on measurable
outcomes achieved to meet its statutory duties, along with specific objectives
and outcome measures proposed for the following year. The report must include data and statistics
on missing and murdered Black women and girls in Minnesota, including names,
dates of disappearance, and dates of death, to the extent the data is publicly
available. The office must submit the
report by January 15 each year to the chairs and ranking minority members of
the legislative committees with primary jurisdiction over public safety.
Subd. 6. Acceptance
of gifts and receipt of grants. (a)
A missing and murdered Black women and girls account is established in the
special revenue fund. Money in the
account, including interest earned, is appropriated to the office for the
purposes of carrying out the office's duties, including but not limited to
issuing grants to community-based organizations.
(b) Notwithstanding sections
16A.013 to 16A.016, the office may accept funds contributed by individuals and
may apply for and receive grants from public and private entities. The funds accepted or received under this subdivision must be deposited in the missing and
murdered Black women and girls account created under paragraph (a).
Subd. 7. Grants
to organizations. (a) The
office shall issue grants to community-based organizations that provide
services designed to prevent or end the targeting of Black women or girls, or
to provide assistance to victims of offenses that targeted Black women or
girls.
(b) Grant recipients must
use money to:
(1) provide services designed to reduce or prevent crimes or other
negative behaviors that target Black women or girls;
(2) provide training to
the community about how to handle situations and crimes involving the targeting
of Black women and girls, including but not limited to training for law
enforcement officers, county attorneys, city attorneys, judges, and other criminal
justice partners; or
(3) provide services to
Black women and girls who are victims of crimes or other offenses, or to the
family members of missing and murdered Black women and girls.
(c) Applicants must apply
in a form and manner established by the office.
(d) Grant recipients must
provide an annual report to the office that includes:
(1) the services provided
by the grant recipient;
(2) the number of
individuals served in the previous year; and
(3) any other information
required by the office.
(e) On or before February
1 of each year, the office shall report to the legislative committees and
divisions with jurisdiction over public safety on the work of grant recipients,
including a description of the number of entities awarded grants, the amount of
those grants, and the number of individuals served by the grantees.
(f) The office may enter
into agreements with the Office of Justice Programs for the administration of
grants issued under this subdivision.
Subd. 8. Access
to data. Notwithstanding
section 13.384 or 13.85, the director has access to corrections and detention
data and medical data maintained by an agency and classified as private data on
individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
Sec. 27. [299A.95]
OFFICE OF RESTORATIVE PRACTICES.
Subdivision 1. Definition. As used in this section, "restorative practices" means a practice within a program or policy that incorporates core restorative principles, including but not limited to voluntariness, prioritization of agreement by the people closest to the harm on what is needed to repair the harm, reintegration into the community, honesty, and respect. Restorative practices include but are not limited to victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative practices funded under this statute may be used at any point including before court involvement, after court involvement, to prevent court involvement, or in conjunction with court involvement. Restorative practices are rooted in community values and create meaningful outcomes that may include but are not limited to:
(1) establishing and
meeting goals related to increasing connection to community, restoring
relationships, and increasing empathy; considering all perspectives involved;
and taking responsibility for impact of actions by all parties involved;
(2) addressing the needs of
those who have been harmed;
(3) recognizing and
addressing the underlying issues of behavior;
(4) engaging with those
most directly affected by an incident and including community members that
reflect the diversity of the individual's environment;
(5) determining the
appropriate responses to specific incidents through the use of a collaborative
process;
(6) providing solutions
and approaches that affirm and are tailored to specific cultures; and
(7) implementing
policies and procedures that are informed by the science of the social,
emotional, and cognitive development of children.
Subd. 2. Establishment. The Office of Restorative Practices is
established within the Department of Public Safety. The Office of Restorative Practices shall
have the powers and duties described in this section.
Subd. 3. Department
of Children, Youth, and Family; automatic transfer. In the event that a Department of
Children, Youth, and Family is created as an independent agency, the Office of
Restorative Practices shall be transferred to that department pursuant to
section 15.039 effective six months following the effective date for
legislation creating that department.
Subd. 4. Director;
other staff. (a) The
commissioner of public safety shall appoint a director of the Office of
Restorative Practices. The director
should have qualifications that include or are similar to the following:
(1) experience in the
many facets of restorative justice and practices such as peacemaking circles,
sentencing circles, community conferencing, community panels, and family group
decision making;
(2) experience in
victim-centered and trauma-informed practices;
(3) knowledge of the
range of social problems that bring children and families to points of crisis
such as poverty, racism, unemployment, and unequal opportunity;
(4) knowledge of the
many ways youth become involved in other systems such as truancy, juvenile
delinquency, child protection; and
(5) understanding of
educational barriers.
(b) The director shall
hire additional staff to perform the duties of the Office of Restorative
Practices. The staff shall be in the
classified service of the state and their compensation shall be established
pursuant to chapter 43A.
Subd. 5. Duties. (a) The Office of Restorative
Practices shall promote the use of restorative practices across multiple
disciplines, including but not limited to:
(1) pretrial diversion
programs established pursuant to section 388.24;
(2) delinquency,
criminal justice, child welfare, and education systems; and
(3) community violence
prevention practices.
(b) The Office of Restorative
Practices shall collaborate with Tribal communities, counties, multicounty
agencies, other state agencies, nonprofit agencies, and other jurisdictions,
and with existing restorative practices initiatives in those jurisdictions to
establish new restorative practices initiatives, support existing restorative
practices initiatives, and identify effective restorative practices
initiatives.
(c) The Office of
Restorative Practices shall encourage collaboration between jurisdictions by
creating a statewide network, led by restorative practitioners, to share
effective methods and practices.
(d) The Office of
Restorative Practices shall create a statewide directory of restorative
practices initiatives. The office shall
make this directory available to all restorative practices initiatives,
counties, multicounty agencies, nonprofit agencies, and Tribes in order to
facilitate referrals to restorative practices initiatives and programs.
(e) The Office of
Restorative Practices shall work throughout the state to build capacity for the
use of restorative practices in all jurisdictions and shall encourage every
county to have at least one available restorative practices initiative.
(f) The Office of
Restorative Practices shall engage restorative practitioners in discerning ways
to measure the effectiveness of restorative efforts throughout the state.
(g) The Office of
Restorative Practices shall oversee the coordination and establishment of local
restorative practices advisory committees.
The office shall oversee compliance with the conditions of this funding
program. If a complaint or concern about
a local advisory committee or a grant recipient is received, the Office of
Restorative Practices shall exercise oversight as provided in this section.
(h) The Office of
Restorative Practices shall provide information to local restorative practices
advisory committees, or restorative practices initiatives in Tribal communities
and governments, counties, multicounty agencies, other state agencies, and
other jurisdictions about best practices that are developmentally tailored to
youth, trauma-informed, and healing-centered, and provide technical support. Providing information includes but is not
limited to sharing data on successful practices in other jurisdictions, sending
notification about available training opportunities, and sharing known
resources for financial support. The
Office of Restorative Practices shall also provide training and technical
support to local restorative practices advisory committees. Training includes but is not limited to the use and scope of restorative
practices, victim-centered restorative practices, and trauma-informed care.
(i) The Office of
Restorative Practices shall annually establish minimum requirements for the
grant application process.
(j) The Office of
Restorative Practices shall work with Tribes, counties, multicounty agencies,
and nonprofit agencies throughout the state to educate those entities about the
application process for grants and encourage applications.
Subd. 6. Grants. (a) Within available appropriations,
the director shall award grants to establish and support restorative practices
initiatives. An approved applicant must
receive a grant of up to $500,000 each year.
(b) On an annual basis,
the Office of Restorative Practices shall establish a minimum number of
applications that must be received during the application process. If the minimum number of applications is not
received, the office must reopen the application process.
(c) Grants may be awarded
to private and public nonprofit agencies; local units of government, including
cities, counties, and townships; local educational agencies; and Tribal
governments. A restorative practices
advisory committee may support multiple entities applying for grants based on
community needs, the number of youth and families in the jurisdiction, and the
number of restorative practices available to the community. Budgets supported by grant funds can include
contracts with partner agencies.
(d) Applications must include
the following:
(1) a list of willing
restorative practices advisory committee members;
(2) letters of support
from potential restorative practices advisory committee members;
(3) a description of the
planning process that includes:
(i) a description of the
origins of the initiative, including how the community provided input; and
(ii) an estimated number
of participants to be served; and
(4) a formal document
containing a project description that outlines the proposed goals, activities,
and outcomes of the initiative including, at a minimum:
(i) a description of how
the initiative meets the minimum eligibility requirements of the grant;
(ii) the roles and
responsibilities of key staff assigned to the initiative;
(iii) identification of
any key partners, including a summary of the roles and responsibilities of
those partners;
(iv) a description of
how volunteers and other community members are engaged in the initiative; and
(v) a plan for
evaluation and data collection.
(e) In determining the
appropriate amount of each grant, the Office of Restorative Practices shall
consider the number of individuals likely to be served by the local restorative
practices initiative.
Subd. 7. Restorative
practices advisory committees; membership and duties. (a) Restorative practices advisory
committees must include:
(1) a judge of the
judicial district that will be served by the restorative practices initiative;
(2) the county attorney
of a county that will be served by the restorative practices initiative or a
designee;
(3) the chief district
public defender in the district that will be served by the local restorative
justice program or a designee;
(4) a representative
from the children's unit of a county social services agency assigned to the
area that will be served by the restorative practices initiative;
(5) a representative
from the local probation department or community corrections agency that works
with youth in the area that will be served by the restorative practices
initiative;
(6) a representative
from a local law enforcement agency that operates in the area that will be
served by the restorative practices initiative;
(7) a school
administrator or designee from a school or schools that operate in the area
that will be served by the restorative practices initiative;
(8) multiple community members
that reflect the racial, socioeconomic, and other diversity of the population
of a county that will be served by the local restorative justice program and
the individuals most frequently involved in the truancy, juvenile offender, and
juvenile safety and placement systems;
(9) restorative
practitioners, including restorative practitioners from within the community if
available and, if not, from nearby communities;
(10) parents, youth, and
justice-impacted participants; and
(11) at least one
representative from a victims advocacy group.
(b) Community members
described in paragraph (a), clause (8), must make up at least one-third of the
restorative practices advisory committee.
(c) Community members,
parents, youth, and justice-impacted participants participating in the advisory
committee may receive a per diem from grant funds in the amount determined by
the General Services Administration.
(d) The restorative
practices advisory committees must utilize restorative practices in their
decision-making process and come to consensus when developing, expanding, and
maintaining restorative practices criteria and referral processes for their
communities.
(e) Restorative
practices advisory committees shall be responsible for establishing eligibility
requirements for referrals to the local restorative practices initiative. Once restorative practices criteria and
referral processes are developed, children, families, and cases, depending upon
the point of prevention or intervention, must be referred to the local
restorative practices initiatives or programs that serve the county, local
community, or Tribal community where the child and family reside.
(f) Referrals may be
made under circumstances, including but not limited to:
(1) as an alternative to
arrest as outlined in section 260B.1755;
(2) for a juvenile petty
offense;
(3) for a juvenile
traffic offense;
(4) for a juvenile
delinquency offense, including before and after a delinquency petition has been
filed;
(5) for a child
protection case, including before and after adjudication;
(6) for a children's
mental health case;
(7) for a juvenile
status offense, including but not limited to truancy or running away;
(8) for substance use
issues;
(9) for situations
involving transition to or from the community; and
(10) through
self-referral.
Subd. 8. Oversight
of restorative practices advisory committees. (a) Complaints by restorative
practices advisory committee members, community members, restorative practices
initiatives, or restorative practices practitioners regarding concerns about
grant recipients may be made to the Office of Restorative Practices.
(b) The Office of
Restorative Practices may prescribe the methods by which complaints to the
office are to be made, reviewed, and acted upon.
(c) The Office of
Restorative Practices shall establish and use a restorative process to respond
to complaints so that grant recipients are being held to their agreed upon
responsibilities and continue to meet the minimum eligibility requirements for
grants to local restorative practices initiatives for the duration of the
grant.
Subd. 9. Report. By February 15 of each year, the
director shall report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety,
human services, and education, on the work of the Office of Restorative Practices,
any grants issued pursuant to this section, and the status of local restorative
practices initiatives in the state that were reviewed in the previous year.
Sec. 28. [299C.055]
LEGISLATIVE REPORT ON FUSION CENTER ACTIVITIES.
(a) The superintendent
must prepare an annual report for the public and the legislature on the
Minnesota Fusion Center (MNFC) that includes general information about the
MNFC; the types of activities it monitors; the scale of information it
collects; the local, state, and federal agencies with which it shares
information; and the quantifiable benefits it produces. None of the reporting requirements in this
section supersede chapter 13 or any other state or federal law. The superintendent must report on activities
for the preceding calendar year unless another time period is specified. The report must include the following
information, to the extent allowed by other law:
(1) the MNFC's operating
budget for the current biennium, number of staff, and staff duties;
(2) the number of
publications generated and an overview of the type of information provided in
the publications, including products such as law enforcement briefs, partner
briefs, risk assessments, threat assessments, and operational reports;
(3) a summary of audit
findings for the MNFC and what corrective actions were taken pursuant to
audits;
(4) the number of data
requests received by the MNFC and a general description of those requests;
(5) the types of
surveillance and data analysis technologies utilized by the MNFC, such as
artificial intelligence or social media analysis tools;
(6) a description of the commercial and governmental databases utilized
by the MNFC to the extent permitted by law;
(7) the number of
suspicious activity reports (SARs) received and processed by the MNFC;
(8) the number of SARs
received and processed by the MNFC that were converted into Bureau of Criminal
Apprehension case files, that were referred to the Federal Bureau of
Investigation, or that were referred to local law enforcement agencies;
(9) the number of SARs
received and processed by the MNFC that involve an individual on the Terrorist
Screening Center watchlist;
(10) the number of
requests for information (RFIs) that the MNFC received from law enforcement
agencies and the number of responses to federal requests for RFIs;
(11) the names of the federal
agencies the MNFC received data from or shared data with;
(12) the names of the
agencies that submitted SARs;
(13) a summary
description of the MNFC's activities with the Joint Terrorism Task Force; and
(14) the number of
investigations aided by the MNFC's use of SARs and RFIs.
(b) The report shall be
provided to the chairs and ranking minority members of the committees of the
house of representatives and senate with jurisdiction over data practices and
public safety issues, and shall be posted on the MNFC website by February 15
each year beginning on February 15, 2024.
Sec. 29. Minnesota Statutes 2022, section 299C.063, is amended to read:
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.
(c) "Explosives
sweep" means a detailed scanning service used in corporate office
buildings, shipping hangars, event stadiums, transportation hubs, large outdoor
events, and other critical facilities using ground-penetrating radar,
magnetometers, metal detectors, and specially trained K-9 units to detect
improvised explosive devices and explosive remnants of war, such as unexploded
ordnance and abandoned ordnance.
(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.
(e)
"Municipality" has the meaning given in section 466.01.
Subd. 2. Expense
reimbursement. (a) The
commissioner may reimburse bomb disposal units for reasonable expenses incurred:
(1) 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.;
(2) to use the services
of police explosive detection K-9 assets;
(3) for dignitary
explosive sweeps;
(4) for explosive sweeps
at large state events;
(5) to provide for
explosive security at large state events; and
(6) for large-scale scheduled
public events.
(b) Reimbursement for
expenses under this subdivision 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.
Subd. 4. Public
event agreements. The
commissioner may enter into contracts with public event organizers, as defined
in section 299A.52, for costs associated with explosive sweeps conducted by
state bomb disposal units.
Sec. 30. [299C.092]
QUESTIONED IDENTITY PROCESS.
Subdivision 1. Definitions. (a) For the purposes of this section,
the terms in this subdivision have the meanings given.
(b) "Bureau"
means the Bureau of Criminal Apprehension.
(c) "Questioned
identity" means an individual's identity that is associated with another
person's records when the individual's identity is used by an offender in
interactions with law enforcement or the offender has the same name which can
lead to difficulties differentiating the individual from the offender.
Subd. 2. Process. (a) When an individual is the subject
of questioned identity, the individual may request a review by the bureau
through its questioned identity process.
Individuals must contact the bureau and provide the following:
(1) documentation of the
individual's identity through a government-issued photo identification;
(2) documents or
information that lead the individual to believe that the individual is the
subject of questioned identity; and
(3) fingerprints for
identification verification purposes.
(b) If the bureau is able
to confirm that the individual is the subject of questioned identity, the
bureau shall provide documentation to the individual indicating that the
individual has been through the bureau's questioned identity process.
(c) The bureau shall
denote any aliases determined to be questioned identities in the criminal
history system under section 299C.09 and shall work with other state and local
agencies to denote aliases in arrest warrants.
(d) The bureau shall
attach a photo of the offender to arrest warrants in the bureau's warrant file
if a photo is available.
(e) Notwithstanding
section 13.87, subdivision 1, paragraph (b), the bureau, in consultation with
reporting criminal justice agencies, may remove an alias from a criminal
history record when it determines doing so will not negatively impact a
criminal justice agency's ability to identify the offender in the future. Some considerations in making the
determination include but are not limited to time elapsed since the alias name
was last used, frequency with which the alias was used, current incarceration
status of the offender, whether it is or was the offender's name, and whether
the offender is living or deceased.
(f) Law enforcement must
take into account the presence of documentation from the bureau or another law
enforcement agency confirming a questioned identity when considering whether an
individual has a warrant under section 299C.115 and may contact the bureau or
the issuing law enforcement agency to confirm authenticity of the documentation
provided by an individual.
Sec. 31. Minnesota Statutes 2022, section 299C.106, subdivision 3, is amended to read:
Subd. 3. Submission and storage of sexual assault examination kits. (a) Within 60 days of receiving an unrestricted sexual assault examination kit, a law enforcement agency shall submit the kit for testing to a forensic laboratory. The testing laboratory shall return unrestricted sexual assault examination kits to the submitting agency for storage after testing is complete. The submitting agency must store unrestricted sexual assault examination kits indefinitely.
(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or a law enforcement agency receiving a restricted sexual assault examination kit from a hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal Apprehension. The bureau shall store all restricted sexual assault examination kits collected by hospitals or law enforcement agencies in the state. The bureau shall retain a restricted sexual assault examination kit for at least 30 months from the date the bureau receives the kit.
(c) Beginning July 1,
2024, the receiving forensic laboratory must strive to test the sexual assault
examination kit within 90 days of receipt from a hospital or law enforcement
agency. Sexual assault examination kits
shall be prioritized for testing along with other violent crimes. Upon completion of testing, the forensic
laboratory must update the kit-tracking database to indicate that testing is
complete. The forensic laboratory must
notify the submitting agency when any kit is not tested within 90 days and
provide an estimated time frame for testing completion.
(d) Paragraph (c) sunsets
June 30, 2029.
Sec. 32. Minnesota Statutes 2022, section 299C.46, subdivision 1, is amended to read:
Subdivision 1. Establishment. The commissioner of public safety shall establish a criminal justice data communications network that will provide secure access to systems and services available from or through the Bureau of Criminal Apprehension. The Bureau of Criminal Apprehension may approve additional criminal justice uses by authorized agencies to access necessary systems or services not from or through the bureau. 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.
Sec. 33. Minnesota Statutes 2022, section 299C.53, subdivision 3, is amended to read:
Subd. 3. Missing
and endangered persons. The
Bureau of Criminal Apprehension must operate a missing person alert program. If the Bureau of Criminal Apprehension
receives a report from a law enforcement agency indicating that a person is
missing and endangered, the superintendent must originate an alert. 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. The law enforcement agency shall promptly
notify all appropriate law enforcement agencies in the state and is required
to issue a missing person alert utilizing the Crime Alert Network as prescribed
in section 299A.61 and, if deemed appropriate, law enforcement agencies in
adjacent states or jurisdictions of any information that may aid in the prompt
location and safe return of a missing and endangered person. The superintendent shall provide guidance
on issuing alerts using this system and provide the system for law enforcement
agencies to issue these alerts. The
Bureau of Criminal Apprehension may provide assistance to agencies in issuing
missing person alerts as required by this section.
Sec. 34. Minnesota Statutes 2022, section 299C.65, subdivision 1a, is amended to read:
Subd. 1a. Membership; duties. (a) The Criminal and Juvenile Justice Information and Bureau of Criminal Apprehension Advisory Group consists of the following members:
(1) the commissioner of corrections or designee;
(2) the commissioner of public safety or designee;
(3) the state chief information officer or designee;
(4) three members of the judicial branch appointed by the chief justice of the supreme court;
(5) the commissioner of administration or designee;
(6) the state court administrator or designee;
(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom must be a sheriff;
(8) two members appointed by the Minnesota Chiefs of Police Association, at least one of whom must be a chief of police;
(9) two members appointed by the Minnesota County Attorneys Association, at least one of whom must be a county attorney;
(10) two members appointed by the League of Minnesota Cities representing the interests of city attorneys, at least one of whom must be a city attorney;
(11) two members appointed by the Board of Public Defense, at least one of whom must be a public defender;
(12) two corrections administrators appointed by the Association of Minnesota Counties representing the interests of local corrections, at least one of whom represents a Community Corrections Act county;
(13) two probation officers appointed by the commissioner of corrections in consultation with the president of the Minnesota Association of Community Corrections Act Counties and the president of the Minnesota Association of County Probation Officers;
(14) four public members appointed by the governor representing both metropolitan and greater Minnesota for a term of four years using the process described in section 15.059, one of whom represents the interests of victims, and one of whom represents the private business community who has expertise in integrated information systems and who, for the purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;
(15) two members appointed by the Minnesota Association for Court Management, at least one of whom must be a court administrator;
(16) one member of the house of representatives appointed by the speaker of the house, or an alternate who is also a member of the house of representatives, appointed by the speaker of the house;
(17) one member of the senate appointed by the majority leader, or an alternate who is also a member of the senate, appointed by the majority leader of the senate;
(18) one member appointed by the attorney general;
(19) two members appointed by the League of Minnesota Cities, one of whom works or resides in greater Minnesota and one of whom works or resides in the seven-county metropolitan area, and at least one of whom is an elected official;
(20) two members appointed by the Association of Minnesota Counties, one of whom works or resides in greater Minnesota and one of whom works or resides in the seven-county metropolitan area, and at least one of whom is an elected official; and
(21) the director of the Sentencing Guidelines Commission or a designee.
(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory group.
(c) The advisory group shall serve as the state advisory group on statewide criminal justice information policy and funding issues. The advisory group shall study and make recommendations to the governor, the supreme court, and the legislature on criminal justice information funding and policy issues such as related data practices, individual privacy rights, and data on race and ethnicity; information-sharing at the local, state, and federal levels; technology education and innovation; the impact of proposed legislation on the criminal justice system related to information systems and business processes; and data and identification standards.
(d) The advisory group
shall have the additional duties of reviewing and advising the bureau
superintendent on:
(1) audits, accreditation
reports, and internal reviews of bureau operations;
(2) emerging technologies
in the law enforcement and forensic science fields;
(3) policies and
practices that impact individual privacy interests; and
(4) other programmatic
and operational initiatives of the bureau at the request of the superintendent.
Sec. 35. Minnesota Statutes 2022, section 299C.65, subdivision 3a, is amended to read:
Subd. 3a. Report. The advisory group shall file a biennial report with the governor, supreme court, and chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy by January 15 in each odd-numbered year. The report must provide the following:
(1) status and review of current statewide criminal justice information systems;
(2) recommendations
concerning any legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately and
efficiently; and
(3) summary of the
activities of the advisory group, including any funding and grant requests.;
and
(4) summary of any
reviews conducted by the advisory group of bureau audits, reports, policies,
programs, and procedures along with any recommendations provided to the bureau
related to the reviews.
Sec. 36. Minnesota Statutes 2022, section 299F.362, is amended to read:
299F.362 SMOKE DETECTOR ALARM; INSTALLATION; RULES;
PENALTY.
Subdivision 1. Definitions. For the purposes of this section, the following definitions shall apply:
(a) "Apartment house" is any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.
(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house, lodging house, or a hotel and which contains one or two "dwelling units" which are, or are intended or designed to be, occupied for living purposes.
(c) "Dwelling unit" is a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.
(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.
(e) "Lodging house" is any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
Subd. 2. Rules,;
smoke detector alarm location.
The commissioner of public safety shall promulgate rules concerning
the placement of smoke detectors alarms in dwellings, apartment
houses, hotels, and lodging houses. The
rules shall take into account designs of the guest rooms or dwelling units.
Subd. 3. Smoke detector
alarm for any dwelling. Every
dwelling unit within a dwelling must be provided with a smoke detector alarm
meeting the requirements of the State Fire Code. The detector smoke alarm must
be mounted in accordance with the rules regarding smoke detector alarm
location adopted under subdivision 2. When
actuated, the detector smoke alarm must provide an alarm in the
dwelling unit.
Subd. 3a. Smoke detector
alarm for new dwelling. In
construction of a new dwelling, each smoke detector alarm must be
attached to a centralized power source.
Subd. 4. Smoke detector
alarm for apartment, lodging house, or hotel. Every dwelling unit within an apartment
house and every guest room in a lodging house or hotel used for sleeping
purposes must be provided with a smoke detector alarm conforming
to the requirements of the State Fire Code.
In dwelling units, detectors smoke alarms must be mounted
in accordance with the rules regarding smoke detector alarm
location adopted under subdivision 2. When
actuated, the detector smoke alarm must provide an alarm in the
dwelling unit or guest room.
Subd. 5. Maintenance
responsibilities. For all
occupancies covered by this section where the occupant is not the owner of the
dwelling unit or the guest room, the owner is responsible for maintenance of
the smoke detectors alarms.
An owner may file inspection and maintenance reports with the local fire
marshal for establishing evidence of inspection and maintenance of smoke detectors
alarms.
Subd. 5a. Inform
owner; no added liability. The
occupant of a dwelling unit must inform the owner of the dwelling unit of a
nonfunctioning smoke detector alarm within 24 hours of
discovering that the smoke detector alarm in the dwelling unit is
not functioning. If the occupant fails
to inform the owner under this subdivision, the occupant's liability for
damages is not greater than it otherwise would be.
Subd. 6. Penalties. (a) Any person who violates any provision
of this section shall be is subject to the same penalty and the
enforcement mechanism that is provided for violation of the State Fire Code, as
specified in section 299F.011, subdivision 6.
(b) An occupant who
willfully disables a smoke detector alarm or causes it to be
nonfunctioning, resulting in damage or injury to persons or property, is guilty
of a misdemeanor.
Subd. 7. Local government preempted. This section prohibits a local unit of government from adopting standards different from those provided in this section.
Subd. 9. Local
government ordinance; installation in single-family residence. Notwithstanding subdivision 7, or other
law to the contrary, a local governing body may adopt, by ordinance,
rules for the installation of a smoke detector alarm in
single-family homes in the city that are more restrictive than the standards
provided by this section. Rules adopted
pursuant to this subdivision may be enforced through a truth-in-housing
inspection.
Subd. 10. Public fire safety educator. The position of Minnesota public fire safety educator is established in the Department of Public Safety.
Subd. 11. Insurance claim. No insurer shall deny a claim for loss or damage by fire for failure of a person to comply with this section.
Sec. 37. Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:
Subdivision 1. Hotel inspection. (a) It shall be the duty of the commissioner of public safety to inspect, or cause to be inspected, at least once every three years, every hotel in this state; and, for that purpose, the commissioner, or the commissioner's deputies or designated alternates or agents, shall have the right to enter or have access thereto at any reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected does not conform to or is not being operated in accordance with the provisions of sections 157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection of hotels, or the rules promulgated thereunder, or is being maintained or operated in such manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02, subdivision 6, 299F.51, or any other law of this state relating to fire prevention and fire protection of hotels, the commissioner and the deputies or designated alternates or agents shall report such a situation to the hotel inspector who shall proceed as provided for in chapter 157.
(b) The word "hotel", as used in this subdivision, has the meaning given in section 299F.391.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 38. Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to read:
Subd. 11. Hotel. "Hotel" means any building,
or portion thereof, containing six or more guest rooms intended or designed to
be used, or which are used, rented, or hired out to be occupied, or which are
occupied for sleeping purposes by guests.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 39. Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to read:
Subd. 12. Lodging
house. "Lodging
house" means any building, or portion thereof, containing not more than
five guest rooms which are used or are intended to be used for sleeping
purposes by guests and where rent is paid in money, goods, labor, or otherwise.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 40. Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:
Subdivision 1. Generally. (a) Every single family single-family
dwelling and every dwelling unit in a multifamily dwelling must have an
approved and operational carbon monoxide alarm installed within ten feet of
each room lawfully used for sleeping purposes.
(b) Every guest room in a
hotel or lodging house must have an approved and operational carbon monoxide
alarm installed in each room lawfully used for sleeping purposes.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 41. Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:
Subd. 2. Owner's duties. (a) The owner of a multifamily dwelling unit which is required to be equipped with one or more approved carbon monoxide alarms must:
(1) provide and install one approved and operational carbon monoxide alarm within ten feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit.
(b) The owner of a hotel
or lodging house that is required to be equipped with one or more approved
carbon monoxide alarms must:
(1) provide and install
one approved and operational carbon monoxide alarm in each room lawfully used
for sleeping; and
(2) replace any required
carbon monoxide alarm that has been stolen, removed, found missing, or rendered
inoperable during a prior occupancy and that has not been replaced by the prior
occupant prior to the commencement of a new occupancy of a hotel guest room or
lodging house.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 42. Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:
Subd. 5. Exceptions;
certain multifamily dwellings and state-operated facilities. (a) In lieu of requirements of
subdivision 1, multifamily dwellings may have approved and operational carbon
monoxide alarms detectors installed between 15 and 25 feet of
carbon monoxide-producing central fixtures and equipment, provided there is a
centralized alarm system or other mechanism for responsible parties to hear the
alarm at all times.
(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon monoxide may be exempted from the requirements of subdivision 1, provided that such owner certifies to the commissioner of public safety that such multifamily dwelling poses no foreseeable carbon monoxide risk to the health and safety of the dwelling units.
(c) The requirements of this section do not apply to facilities owned or operated by the state of Minnesota.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 43. Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision to read:
Subd. 6. Safety
warning. A first violation of
this section shall not result in a penalty, but is punishable by a safety
warning. A second or subsequent
violation is a petty misdemeanor.
EFFECTIVE DATE. This
section is effective August 1, 2024.
Sec. 44. Minnesota Statutes 2022, section 326.32, subdivision 10, is amended to read:
Subd. 10. License holder. "License holder" means any individual, partnership as defined in section 323A.0101, clause (8), or corporation licensed to perform the duties of a private detective or a protective agent.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 45. Minnesota Statutes 2022, section 326.3381, subdivision 3, is amended to read:
Subd. 3. Disqualification. (a) No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault; theft; larceny; burglary; robbery; unlawful entry; extortion; defamation; buying or receiving stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; possession, production, sale, or distribution of narcotics unlawfully; or (iii) in any other country of acts which, if done in Minnesota, would be a felony or would be any of the other offenses provided in this clause and for which a full pardon or similar relief has not been granted;
(2) made any false statement in an application for a license or any document required to be submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
(b) Upon application for
a license, the applicant shall submit, as part of the application, a full set
of fingerprints and the applicant's written consent that their fingerprints
shall be submitted to the Bureau of Criminal Apprehension (BCA) and the Federal
Bureau of Investigation (FBI) to determine whether that person has a criminal
record. The BCA shall promptly forward
the fingerprints to the FBI and request that the FBI conduct a criminal history
check of each prospective licensee. The
Minnesota Board of Private Detective and Protective Agents Services shall
determine if the FBI report indicates that the prospective licensee or licensee
was convicted of a disqualifying offense.
The submission to the FBI shall be coordinated through the BCA. The results of the criminal record check
shall be provided to the board who will determine if the applicant is
disqualified from holding a license under this subdivision.
Sec. 46. Minnesota Statutes 2022, section 609.35, is amended to read:
609.35 COSTS OF MEDICAL EXAMINATION.
(a) Costs incurred by a county,
city, or private hospital or other emergency medical facility or by a private
physician, sexual assault nurse examiner, forensic nurse, or other licensed
health care provider for the examination of a victim of criminal sexual
conduct when the examination is performed for the purpose of gathering
evidence that occurred in the state shall be paid by the county
in which the criminal sexual conduct occurred state. These costs include, but are not limited to, the
full cost of the rape kit medical forensic examination,
associated tests and treatments relating to the complainant's
sexually transmitted disease status infection, and pregnancy
status, including
emergency contraception. A hospital, emergency medical facility, or
health care provider shall submit the costs for examination and any associated
tests and treatment to the Office of Justice Programs for payment. Upon receipt of the costs, the commissioner
shall provide payment to the facility or health care provider. Reimbursement for an examination and any
associated test and treatments shall not exceed $1,400. Beginning on January 1, 2024, the maximum
amount of an award shall be adjusted annually by the inflation rate.
(b) Nothing in this section
shall be construed to limit the duties, responsibilities, or liabilities of any
insurer, whether public or private. However,
a county The hospital or other licensed health care provider performing
the examination may seek insurance reimbursement from the victim's insurer
only if authorized by the victim. This
authorization may only be sought after the examination is performed. When seeking this authorization, the county
hospital or other licensed health care provider shall inform the victim
that if the victim does not authorize this, the county state is
required by law to pay for the examination and that the victim is in no way
liable for these costs or obligated to authorize the reimbursement.
(c) The applicability of this section does not depend upon whether the victim reports the offense to law enforcement or the existence or status of any investigation or prosecution.
EFFECTIVE DATE. This
section is effective July 1, 2023, and applies to any examination that occurs
on or after that date.
Sec. 47. Minnesota Statutes 2022, section 609.87, is amended by adding a subdivision to read:
Subd. 17. Electronic
data. "Electronic
data" means records or information in digital form on a computer, computer
network, computer system, or in computer software that can be stored, transmitted,
or processed.
Sec. 48. Minnesota Statutes 2022, section 609.89, is amended to read:
609.89 COMPUTER OR ELECTRONIC DATA THEFT.
Subdivision 1. Acts. Whoever does any of the following is guilty of computer or electronic data theft and may be sentenced as provided in subdivision 2:
(a) (1) intentionally
and without authorization or claim of right accesses or causes to be accessed
any computer, computer system, computer network or any part thereof for the
purpose of obtaining services or property; or
(b) (2) intentionally
and without claim of right, and with intent to deprive the owner of use or
possession, takes, transfers, conceals or retains possession of any computer,
computer system, or any computer software or data contained in a computer,
computer system, or computer network.;
(3) intentionally and
without authorization or claim of right accesses or copies any computer
software or electronic data and uses, alters, transfers, retains, or publishes
the computer software or electronic data; or
(4) intentionally
retains copies of any computer software or electronic data beyond the
individual's authority.
Subd. 2. Penalty. Anyone who commits computer or electronic data theft may be sentenced as follows:
(a) (1) to
imprisonment for not more than ten years or to payment of a fine of not more
than $50,000, or both, if the loss to the owner, or the owner's agent, or
lessee is in excess of $2,500; or
(b) (2) to
imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the loss to the owner, or the owner's agent, or
lessee is more than $500 but not more than $2,500; or
(c) (3) in all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 49. Minnesota Statutes 2022, section 611A.033, is amended to read:
611A.033 SPEEDY TRIAL; NOTICE OF HEARINGS AND SCHEDULE CHANGE.
(a) A victim has the right to request that the prosecutor make a demand under rule 11.09 of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand. The prosecutor shall make reasonable efforts to comply with the victim's request.
(b) A prosecutor shall
make reasonable efforts to provide to a victim the date and time of the
sentencing hearing and the hearing during which the plea is to be presented to
the court.
(b) (c) A
prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been
subpoenaed or requested to testify.
(c) (d) In a
criminal proceeding in which a vulnerable adult, as defined in section 609.232,
subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after consideration of the age and
health of the victim, may grant a speedy trial.
The motion may be filed and served with the complaint or any time after
the complaint is filed and served.
Sec. 50. Minnesota Statutes 2022, section 611A.039, subdivision 1, is amended to read:
Subdivision 1. Notice
required. (a) Except as otherwise
provided in subdivision 2, within 15 working days after a conviction,
acquittal, or dismissal in a criminal case in which there is an identifiable
crime victim, the prosecutor shall make reasonable good faith efforts to
provide to each affected crime victim oral or written notice of the final
disposition of the case and of the victim rights under section 611A.06. When the court is considering modifying the
sentence for a felony or a crime of violence or an attempted crime of violence,
the court or its designee prosecutor shall make a reasonable and
good faith effort to notify the victim of the crime. If the victim is incapacitated or deceased,
notice must be given to the victim's family.
If the victim is a minor, notice must be given to the victim's parent or
guardian. The notice must include:
(1) the date and approximate time of the review;
(2) the location where the review will occur;
(3) the name and telephone number of a person to contact for additional information; and
(4) a statement that the victim and victim's family may provide input to the court concerning the sentence modification.
(b) The Office of Justice Programs in the Department of Public Safety shall develop and update a model notice of postconviction rights under this subdivision and section 611A.06.
(c) As used in this section, "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.
Sec. 51. Minnesota Statutes 2022, section 611A.211, subdivision 1, is amended to read:
Subdivision 1. Grants. The commissioner of public safety shall award grants to programs which provide support services or emergency shelter and housing supports as defined by section 611A.31 to victims of sexual assault. The commissioner shall also award grants for training, technical assistance, and the development and implementation of education programs to increase public awareness of the causes of sexual assault, the solutions to preventing and ending sexual assault, and the problems faced by sexual assault victims.
Sec. 52. Minnesota Statutes 2022, section 611A.31, subdivision 2, is amended to read:
Subd. 2. Battered
woman Domestic abuse victim. "Battered
woman" "Domestic abuse victim" means a woman person
who is being or has been victimized by domestic abuse as defined in section
518B.01, subdivision 2.
Sec. 53. Minnesota Statutes 2022, section 611A.31, subdivision 3, is amended to read:
Subd. 3. Emergency
shelter services. "Emergency
shelter services" include, but are not limited to, secure crisis shelters
for battered women domestic abuse victims and housing networks
for battered women domestic abuse victims.
Sec. 54. Minnesota Statutes 2022, section 611A.31, is amended by adding a subdivision to read:
Subd. 3a. Housing
supports. "Housing
supports" means services and supports used to enable victims to secure and
maintain transitional and permanent housing placement. Housing supports include but are not limited
to rental assistance and financial assistance to maintain housing stability. Transitional housing placements may take
place in communal living, clustered site or scattered site programs, or other
transitional housing models.
Sec. 55. Minnesota Statutes 2022, section 611A.32, is amended to read:
611A.32 BATTERED WOMEN DOMESTIC ABUSE PROGRAMS.
Subdivision 1. Grants
awarded. The commissioner shall
award grants to programs which provide emergency shelter services to
battered women, housing supports, and support services to battered
women and domestic abuse victims and their children. The commissioner shall also award grants for
training, technical assistance, and for the development and implementation of
education programs to increase public awareness of the causes of battering
domestic abuse, the solutions to preventing and ending domestic
violence, and the problems faced by battered women and domestic abuse
victims. Grants shall be awarded in a
manner that ensures that they are equitably distributed to programs serving
metropolitan and nonmetropolitan populations.
By July 1, 1995, community-based domestic abuse advocacy and support
services programs must be established in every judicial assignment district.
Subd. 1a. Program
for American Indian women domestic abuse victims. The commissioner shall establish at least
one program under this section to provide emergency shelter services and
support services to battered American Indian women domestic
abuse victims and their children. The
commissioner shall grant continuing operating expenses to the program
established under this subdivision in the same manner as operating expenses are
granted to programs established under subdivision 1.
Subd. 2. Applications. Any public or private nonprofit agency
may apply to the commissioner for a grant to provide emergency shelter services
to battered women, housing supports, support services, and one
or more of these services and supports to domestic abuse victims, or
both, to battered women and their children.
The application shall be submitted in a form approved by the
commissioner by rule adopted under chapter 14 and shall include:
(1) a proposal for the
provision of emergency shelter services for battered women, housing
supports, support services, and one or more of these services and
supports for domestic abuse victims, or both, for battered women and
their children;
(2) a proposed budget;
(3) the agency's overall operating budget, including documentation on the retention of financial reserves and availability of additional funding sources;
(4) evidence of an ability to integrate into the proposed program the uniform method of data collection and program evaluation established under section 611A.33;
(5) evidence of an ability
to represent the interests of battered women and domestic abuse victims
and their children to local law enforcement agencies and courts, county welfare
agencies, and local boards or departments of health;
(6) evidence of an ability to do outreach to unserved and underserved populations and to provide culturally and linguistically appropriate services; and
(7) any other content the
commissioner may require by rule adopted under chapter 14, after considering
the recommendations of the advisory council.
Programs which have been approved for grants in prior years may submit materials which indicate changes in items listed in clauses (1) to (7), in order to qualify for renewal funding. Nothing in this subdivision may be construed to require programs to submit complete applications for each year of renewal funding.
Subd. 3. Duties
of grantees. Every public or private
nonprofit agency which receives a grant to provide emergency shelter services to
battered women and, housing supports, or support services to battered
women and domestic abuse victims shall comply with all rules of the
commissioner related to the administration of the pilot programs.
Subd. 5. Classification of data collected by grantees. Personal history information and other information collected, used or maintained by a grantee from which the identity or location of any victim of domestic abuse may be determined is private data on individuals, as defined in section 13.02, subdivision 12, and the grantee shall maintain the data in accordance with the provisions of chapter 13.
Sec. 56. Minnesota Statutes 2022, section 611A.51, is amended to read:
611A.51 TITLE.
Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime
Victims Reparations Reimbursement Act."
Sec. 57. Minnesota Statutes 2022, section 611A.52, subdivision 3, is amended to read:
Subd. 3. Board. "Board" means the Crime Victims
reparations Reimbursement Board established by section 611A.55.
Sec. 58. Minnesota Statutes 2022, section 611A.52, subdivision 4, is amended to read:
Subd. 4. Claimant. "Claimant" means a person
entitled to apply for reparations reimbursement pursuant to
sections 611A.51 to 611A.68.
Sec. 59. Minnesota Statutes 2022, section 611A.52, subdivision 5, is amended to read:
Subd. 5. Collateral
source. "Collateral
source" means a source of benefits or advantages for economic loss
otherwise reparable reimbursable under sections 611A.51 to
611A.68 which the victim or claimant has received, or which is readily
available to the victim, from:
(1) the offender;
(2) the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under sections 611A.51 to 611A.68;
(3) Social Security, Medicare, and Medicaid;
(4) state required temporary nonoccupational disability insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the victim for economic loss sustained because of the crime;
(8) a contract providing prepaid hospital and other health care services, or benefits for disability;
(9) any private source as a voluntary donation or gift; or
(10) proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract.
Sec. 60. Minnesota Statutes 2022, section 611A.53, is amended to read:
611A.53 REPARATIONS REIMBURSEMENT AWARDS PROHIBITED.
Subdivision 1. Generally. Except as provided in subdivisions 1a and
2, the following persons shall be entitled to reparations reimbursement
upon a showing by a preponderance of the evidence that the requirements for reparations
reimbursement have been met:
(1) a victim who has incurred economic loss;
(2) a dependent who has incurred economic loss;
(3) the estate of a deceased victim if the estate has incurred economic loss;
(4) any other person who has incurred economic loss by purchasing any of the products, services, and accommodations described in section 611A.52, subdivision 8, for a victim;
(5) the guardian, guardian ad litem, conservator or authorized agent of any of these persons.
Subd. 1a. Providers;
limitations. No hospital, medical
organization, health care provider, or other entity that is not an individual
may qualify for reparations under subdivision 1, clause (4). If a hospital, medical organization, health
care provider, or other entity that is not an individual qualifies for reparations
reimbursement under
subdivision 1, clause (5),
because it is a guardian, guardian ad litem, conservator, or authorized agent,
any reparations reimbursement to which it is entitled must be
made payable solely or jointly to the victim, if alive, or to the victim's
estate or successors, if the victim is deceased.
Subd. 1b. Minnesota
residents injured elsewhere. (a) A
Minnesota resident who is the victim of a crime committed outside the
geographical boundaries of this state but who otherwise meets the requirements
of this section shall have the same rights under this chapter as if the crime
had occurred within this state upon a showing that the state, territory, United
States possession, country, or political subdivision of a country in which the
crime occurred does not have a crime victim reparations victims reimbursement
law covering the resident's injury or death.
(b) Notwithstanding
paragraph (a), a Minnesota resident who is the victim of a crime involving
international terrorism who otherwise meets the requirements of this section
has the same rights under this chapter as if the crime had occurred within this
state regardless of where the crime occurred or whether the jurisdiction has a
crime victims reparations reimbursement law.
Subd. 2. Limitations
on awards. No reparations reimbursement
shall be awarded to a claimant otherwise eligible if:
(1) the crime was not reported to the police within 30 days of its occurrence or, if it could not reasonably have been reported within that period, within 30 days of the time when a report could reasonably have been made. A victim of criminal sexual conduct in the first, second, third, or fourth degree who does not report the crime within 30 days of its occurrence is deemed to have been unable to have reported it within that period;
(2) the victim or claimant failed or refused to cooperate fully with the police and other law enforcement officials. Cooperation is determined through law enforcement reports, prosecutor records, or corroboration memorialized in a signed document submitted by a victim service, counseling, or medical professional involved in the case;
(3) the victim or claimant was the offender or an accomplice of the offender or an award to the claimant would unjustly benefit the offender or an accomplice;
(4) the victim or claimant was in the act of committing a crime at the time the injury occurred;
(5) no claim was filed with
the board within three years of victim's injury or death; except that (i) if
the claimant was unable to file a claim within that period, then the claim can
be made within three years of the time when a claim could have been filed; and
(ii) if the victim's injury or death was not reasonably discoverable within
three years of the injury or death, then the claim can be made within three
years of the time when the injury or death is reasonably discoverable. The following circumstances do not render a
claimant unable to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the
Minnesota Crime Victims Reparations Reimbursement Act, (B) the
failure of a law enforcement agency to provide information or assistance to a
potential claimant under section 611A.66, (C) the incompetency of the claimant
if the claimant's affairs were being managed during that period by a guardian,
guardian ad litem, conservator, authorized agent, or parent, or (D) the fact
that the claimant is not of the age of majority; or
(6) the claim is less than $50.
The limitations contained in clauses (1) and (6) do not apply to victims of child abuse. In those cases the three‑year limitation period commences running with the report of the crime to the police.
Sec. 61. Minnesota Statutes 2022, section 611A.54, is amended to read:
611A.54 AMOUNT OF REPARATIONS REIMBURSEMENT.
Reparations Reimbursement
shall equal economic loss except that:
(1) reparations reimbursement
shall be reduced to the extent that economic loss is recouped from a collateral
source or collateral sources. Where
compensation is readily available to a claimant from a collateral source, the
claimant must take reasonable steps to recoup from the collateral source before
claiming reparations reimbursement;
(2) reparations reimbursement
shall be denied or reduced to the extent, if any, that the board deems
reasonable because of the contributory misconduct of the claimant or of a
victim through whom the claimant claims.
Contributory misconduct does not include current or past affiliation
with any particular group; and
(3) reparations reimbursement
paid to all claimants suffering economic loss as the result of the injury or
death of any one victim shall not exceed $50,000.
No employer may deny an
employee an award of benefits based on the employee's eligibility or potential
eligibility for reparations reimbursement.
Sec. 62. Minnesota Statutes 2022, section 611A.55, is amended to read:
611A.55 CRIME VICTIMS REPARATIONS REIMBURSEMENT BOARD.
Subdivision 1. Creation
of board. There is created in the
Department of Public Safety, for budgetary and administrative purposes, the
Crime Victims Reparations Reimbursement Board, which shall
consist of five members appointed by the commissioner of public safety. One of the members shall be designated as
chair by the commissioner of public safety and serve as such at the
commissioner's pleasure. At least one
member shall be a medical or osteopathic physician licensed to practice in this
state, and at least one member shall be a victim, as defined in section
611A.01.
Subd. 2. Membership, terms and compensation. The membership terms, compensation, removal of members, and filling of vacancies on the board shall be as provided in section 15.0575.
Subd. 3. Part-time service. Members of the board shall serve part time.
Sec. 63. Minnesota Statutes 2022, section 611A.56, is amended to read:
611A.56 POWERS AND DUTIES OF BOARD.
Subdivision 1. Duties. In addition to carrying out any duties specified elsewhere in sections 611A.51 to 611A.68 or in other law, the board shall:
(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;
(2) adopt rules to
implement and administer sections 611A.51 to 611A.68, including rules governing
the method of practice and procedure before the board, prescribing the manner
in which applications for reparations reimbursement shall be
made, and providing for discovery proceedings;
(3) publicize widely the
availability of reparations reimbursement and the method of
making claims; and
(4) prepare and transmit
annually to the governor and the commissioner of public safety a report of its
activities including the number of claims awarded, a brief description of the
facts in each case, the amount of reparation reimbursement
awarded, and a statistical summary of claims and awards made and denied.
Subd. 2. Powers. In addition to exercising any powers specified elsewhere in sections 611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant or the attorney general may:
(1) issue subpoenas for the appearance of witnesses and the production of books, records, and other documents;
(2) administer oaths and affirmations and cause to be taken affidavits and depositions within and without this state;
(3) take notice of judicially cognizable facts and general, technical, and scientific facts within their specialized knowledge;
(4) order a mental or physical examination of a victim or an autopsy of a deceased victim provided that notice is given to the person to be examined and that the claimant and the attorney general receive copies of any resulting report;
(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out of the incident which is the basis of the claim has been commenced or is imminent;
(6) request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to perform its duties under sections 611A.51 to 611A.68;
(7) grant emergency reparations
reimbursement pending the final determination of a claim if it is one
with respect to which an award will probably be made and undue hardship will
result to the claimant if immediate payment is not made; and
(8) reconsider any decision
granting or denying reparations reimbursement or determining
their amount.
Sec. 64. Minnesota Statutes 2022, section 611A.57, subdivision 5, is amended to read:
Subd. 5. Reconsideration. The claimant may, within 30 days after
receiving the decision of the board, apply for reconsideration before the
entire board. Upon request for
reconsideration, the board shall reexamine all information filed by the
claimant, including any new information the claimant provides, and all
information obtained by investigation. The
board may also conduct additional examination into the validity of the claim. Upon reconsideration, the board may affirm,
modify, or reverse the prior ruling. A
claimant denied reparations reimbursement upon reconsideration is
entitled to a contested case hearing within the meaning of chapter 14.
Sec. 65. Minnesota Statutes 2022, section 611A.57, subdivision 6, is amended to read:
Subd. 6. Data. Claims for reparations reimbursement
and supporting documents and reports are investigative data and subject to the
provisions of section 13.39 until the claim is paid, denied, withdrawn, or
abandoned. Following the payment,
denial, withdrawal, or abandonment of a claim, the claim and supporting
documents and reports are private data on individuals as defined in section
13.02, subdivision 12; provided that the board may forward any reparations
reimbursement claim forms, supporting documents, and reports to local
law enforcement authorities for purposes of implementing section 611A.67.
Sec. 66. Minnesota Statutes 2022, section 611A.60, is amended to read:
611A.60 REPARATIONS REIMBURSEMENT; HOW PAID.
Reparations Reimbursement
may be awarded in a lump sum or in installments in the discretion of the board. The amount of any emergency award shall be
deducted from the final award, if a lump sum, or prorated over a period of time
if the final award is made in installments.
Reparations are Reimbursement is exempt from execution or
attachment except by persons who have supplied services, products or
accommodations to the victim as a result of the injury or death which is the
basis of the claim. The board, in its
discretion may order that all or part of the reparations reimbursement
awarded be paid directly to these suppliers.
Sec. 67. Minnesota Statutes 2022, section 611A.61, is amended to read:
611A.61 SUBROGATION.
Subdivision 1. Subrogation
rights of state. The state shall be
subrogated, to the extent of reparations reimbursement awarded,
to all the claimant's rights to recover benefits or advantages for economic
loss from a source which is or, if readily available to the victim or claimant
would be, a collateral source. Nothing
in this section shall limit the claimant's right to bring a cause of action to
recover for other damages.
Subd. 2. Duty
of claimant to assist. A claimant
who receives reparations reimbursement must agree to assist the
state in pursuing any subrogation rights arising out of the claim. The board may require a claimant to agree to
represent the state's subrogation interests if the claimant brings a cause of
action for damages arising out of the crime or occurrence for which the board
has awarded reparations reimbursement. An attorney who represents the state's
subrogation interests pursuant to the client's agreement with the board is
entitled to reasonable attorney's fees not to exceed one-third of the amount
recovered on behalf of the state.
Sec. 68. Minnesota Statutes 2022, section 611A.612, is amended to read:
611A.612 CRIME VICTIMS ACCOUNT.
A crime victim account is
established as a special account in the state treasury. Amounts collected by the state under section
611A.61, paid to the Crime Victims Reparations Reimbursement
Board under section 611A.04, subdivision 1a, or amounts deposited by the court
under section 611A.04, subdivision 5, shall be credited to this account. Money credited to this account is annually
appropriated to the Department of Public Safety for use for crime victim reparations
reimbursement under sections 611A.51 to 611A.67.
Sec. 69. Minnesota Statutes 2022, section 611A.66, is amended to read:
611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS OF RIGHT TO
FILE CLAIM.
All law enforcement
agencies investigating crimes shall provide victims with notice of their right
to apply for reparations reimbursement with the telephone number to
call to request and website information to obtain an application
form.
Law enforcement agencies shall assist the board in performing its duties under sections 611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request from the board shall supply the board with requested reports, notwithstanding any provisions to the contrary in chapter 13, and including reports otherwise maintained as confidential or not open to inspection under section 260B.171 or 260C.171. All data released to the board retains the data classification that it had in the possession of the law enforcement agency.
Sec. 70. Minnesota Statutes 2022, section 611A.68, subdivision 2a, is amended to read:
Subd. 2a. Notice
and payment of proceeds to board required.
A person that enters into a contract with an offender convicted in
this state, and a person that enters into a contract in this state with an
offender convicted in this state or elsewhere within the United States, must
comply with this section if the person enters into the contract during the ten
years after the offender is convicted of a crime or found not guilty by reason
of insanity. If an offender is
imprisoned or committed to an institution following the conviction or finding
of not guilty by reason of insanity, the ten-year period begins on the date of
the offender's release. A person subject
to this section must notify the Crime Victims Reparations Reimbursement
Board of the existence of the contract immediately upon its formation, and pay
over to the board money owed to the offender or the offender's representatives
by virtue of the contract according to the following proportions:
(1) if the crime occurred in this state, the person shall pay to the board 100 percent of the money owed under the contract;
(2) if the crime occurred in another jurisdiction having a law applicable to the contract which is substantially similar to this section, this section does not apply, and the person must not pay to the board any of the money owed under the contract; and
(3) in all other cases, the person shall pay to the board that percentage of money owed under the contract which can fairly be attributed to commerce in this state with respect to the subject matter of the contract.
Sec. 71. Minnesota Statutes 2022, section 611A.68, subdivision 4, is amended to read:
Subd. 4. Deductions. When the board has made reparations
reimbursement payments to or on behalf of a victim of the offender's
crime pursuant to sections 611A.51 to 611A.68, it shall deduct the amount of
the reparations reimbursement award from any payment received
under this section by virtue of the offender's contract unless the board has
already been reimbursed for the reparations award from another
collateral source.
Sec. 72. Minnesota Statutes 2022, section 611A.68, subdivision 4b, is amended to read:
Subd. 4b. Claims
by victims of offender's crime. A
victim of a crime committed by the offender and the estate of a deceased victim
of a crime committed by the offender may submit the following claims for reparations
reimbursement and damages to the board to be paid from money received by
virtue of the offender's contract:
(1) claims for reparations
reimbursement to which the victim is entitled under sections 611A.51 to
611A.68 and for which the victim has not yet received an award from the board;
(2) claims for reparations
reimbursement to which the victim would have been entitled under
sections 611A.51 to 611A.68, but for the $50,000 maximum limit contained in
section 611A.54, clause (3); and
(3) claims for other uncompensated damages suffered by the victim as a result of the offender's crime including, but not limited to, damages for pain and suffering.
The victim must file the claim within five years of the date on which the board received payment under this section. The board shall determine the victim's claim in accordance with the procedures contained in sections 611A.57 to 611A.63. An award made by the board under this subdivision must be paid from the money received by virtue of the offender's contract that remains after a deduction or allocation, if any, has been made under subdivision 4 or 4a.
Sec. 73. Minnesota Statutes 2022, section 611A.68, subdivision 4c, is amended to read:
Subd. 4c. Claims
by other crime victims. The board
may use money received by virtue of an offender's contract for the purpose of
paying reparations reimbursement awarded to victims of other
crimes pursuant to sections 611A.51 to 611A.68 under the following
circumstances:
(1) money remain after deductions and allocations have been made under subdivisions 4 and 4a, and claims have been paid under subdivision 4b; or
(2) no claim is filed under subdivision 4b within five years of the date on which the board received payment under this section.
None of this money may be used for purposes
other than the payment of reparations reimbursement.
Sec. 74. Minnesota Statutes 2022, section 629.341, subdivision 3, is amended to read:
Subd. 3. Notice of rights. The peace officer shall tell the victim whether a shelter or other services are available in the community and give the victim immediate notice of the legal rights and remedies available. The notice must include furnishing the victim a copy of the following statement:
"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an order for protection from domestic abuse. The order could include the following:
(1) an order restraining the abuser from further acts of abuse;
(2) an order directing the abuser to leave your household;
(3) an order preventing the abuser from entering your residence, school, business, or place of employment;
(4) an order awarding you or the other parent custody of or parenting time with your minor child or children; or
(5) an order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."
The notice must include the
resource listing, including telephone number, for the area battered women's
program that provides services to victims of domestic abuse as shelter, to
be designated by the Office of Justice Programs in the Department of
Corrections Public Safety.
Sec. 75. Minnesota Statutes 2022, section 629.341, subdivision 4, is amended to read:
Subd. 4. Report
required. Whenever a peace officer
investigates an allegation that an incident described in subdivision 1 has
occurred, whether or not an arrest is made, the officer shall make a written
police report of the alleged incident. The
report must contain at least the following information: the name, address and telephone number of the
victim, if provided by the victim, a statement as to whether an arrest
occurred, the name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made a
request under section 13.82, subdivision 17, paragraph (d), and that are
private data under that subdivision, shall be private in the report required by
this section. A copy of this report must
be provided upon request, at no cost, to the victim of domestic abuse, the
victim's attorney, or organizations designated by the Office of Justice
Programs in the Department of Public Safety or the commissioner of
corrections that are providing services to victims of domestic abuse. The officer shall submit the report to the
officer's supervisor or other person to whom the employer's rules or policies
require reports of similar allegations of criminal activity to be made.
Sec. 76. Minnesota Statutes 2022, section 629.72, subdivision 6, is amended to read:
Subd. 6. Notice; release of arrested person. (a) Immediately after issuance of a citation in lieu of continued detention under subdivision 1, or the entry of an order for release under subdivision 2, but before the arrested person is released, the agency having custody of the arrested person or its designee must make a reasonable and good faith effort to inform orally the alleged victim, local law enforcement agencies known to be involved in the case, if different from the agency having custody, and, at the victim's request any local battered women's and domestic abuse programs established under section 611A.32 or sexual assault programs of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court appearance of the arrested person and the victim's right to be present at the court appearance; and
(4) if the arrested person
is charged with domestic abuse, the location and telephone number of the area battered
women's shelter program that provides services to victims of domestic
abuse as designated by the Office of Justice Programs in the Department of
Public Safety.
(b) As soon as practicable after an order for conditional release is entered, the agency having custody of the arrested person or its designee must personally deliver or mail to the alleged victim a copy of the written order and written notice of the information in paragraph (a), clauses (2) and (3).
(c) Data on the victim and the notice provided by the custodial authority are private data on individuals as defined in section 13.02, subdivision 12, and are accessible only to the victim.
Sec. 77. RULES;
SOFT BODY ARMOR REIMBURSEMENT.
The commissioner of
public safety shall amend rules adopted under Minnesota Statutes, section
299A.38, subdivision 4, to reflect the soft body armor reimbursement for public
safety officers under that section.
Sec. 78. INITIAL APPOINTMENT AND FIRST MEETING
FOR THE GAAGIGE‑MIKWENDAAGOZIWAG REWARD ADVISORY GROUP.
The director of the
Office for Missing and Murdered Indigenous Relatives must appoint the first
members to the Gaagige-Mikwendaagoziwag reward advisory group under Minnesota
Statutes, section 299A.86, subdivision 4, by August 15, 2023, and must convene
the first meeting of the group by October 1, 2023. The group must elect a chair at its first
meeting.
Sec. 79. REVISOR
INSTRUCTION.
(a) In Minnesota
Statutes, the revisor of statutes shall change "reparations,"
"reparable," or the same or similar terms to
"reimbursement," "reimbursable," or the same or similar
terms consistent with this act. The
revisor shall also make other technical changes resulting from the change of
term to the statutory language, sentence structure, or both, if necessary to
preserve the meaning of the text.
(b) The revisor of
statutes shall make necessary changes to statutory cross-references to reflect
the changes made to Minnesota Statutes, section 299A.38, in this act.
(c) The revisor of statutes
shall make necessary changes to language, grammar, and sentence structure in
Minnesota Statutes sections 629.06, 629.13, and 629.14 to give effect to Laws
2023, chapters 29, sections 8, 9, and 10; and 31, sections 12, 13, and 14.
Sec. 80. REPEALER.
Minnesota Statutes 2022,
sections 299C.80, subdivision 7; and 518B.02, subdivision 3, are repealed.
ARTICLE 6
SENTENCING
Section 1. Minnesota Statutes 2022, section 244.09, subdivision 2, is amended to read:
Subd. 2. Members. The Sentencing Guidelines Commission shall consist of the following:
(1) the chief justice of the supreme court or a designee;
(2) one judge of the court of appeals, appointed by the chief justice
of the supreme court judge of the appellate court;
(3) one district court
judge appointed by the chief justice of the supreme court Judicial
Council upon recommendation of the Minnesota District Judges Association;
(4) one public defender appointed by the governor upon recommendation of the state public defender;
(5) one county attorney appointed by the governor upon recommendation of the board of directors of the Minnesota County Attorneys Association;
(6) the commissioner of corrections or a designee;
(7) one peace officer as defined in section 626.84 appointed by the governor;
(8) one probation officer
or parole supervised release officer appointed by the governor; and
(9) one person who works
for an organization that provides treatment or rehabilitative services for
individuals convicted of felony offenses appointed by the governor;
(10) one person who is
an academic with a background in criminal justice or corrections appointed by
the governor; and
(11) three public members appointed by the governor, one of whom shall be a person who has been the victim of a crime defined as a felony or a victims' advocate, and one of whom shall be a person who has been formerly convicted of and discharged from a felony-level sentence.
When an appointing authority selects individuals for membership on the commission, the authority shall make reasonable efforts to appoint qualified members of protected groups, as defined in section 43A.02, subdivision 33.
One of the members shall be designated by the governor as chair of the commission.
Sec. 2. Minnesota Statutes 2022, section 244.09, subdivision 3, is amended to read:
Subd. 3. Appointment terms. (a) Except as provided in paragraph (b), each appointed member shall be appointed for four years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is duly appointed. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(b) The term of any
member appointed or reappointed by the governor before the first Monday in
January 1991 2027 expires on that date. The term of any member appointed or
reappointed by the governor after the first Monday in January 1991 is
coterminous with the governor. The
terms of members appointed or reappointed by the governor to fill the vacancies
that occur on the first Monday in January 2027 shall be staggered so that five
members shall be appointed for initial terms of four years and four members shall
be appointed for initial terms of two years.
(c) The members of the commission shall elect any additional officers necessary for the efficient discharge of their duties.
Sec. 3. Minnesota Statutes 2022, section 244.09, is amended by adding a subdivision to read:
Subd. 15. Report
on sentencing adjustments. The
Sentencing Guidelines Commission shall include in its annual report to the
legislature a summary and analysis of sentence adjustments issued under section
609.133. At a minimum, the summary and
analysis must include information on the counties where a sentencing adjustment
was granted and on the race, sex, and age of individuals who received a
sentence adjustment.
Sec. 4. Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:
Subd. 2. Felony. "Felony" means a crime for
which a sentence of imprisonment for more than one year or more
may be imposed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 5. Minnesota Statutes 2022, section 609.03, is amended to read:
609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or
(2) If the crime is a gross
misdemeanor, to imprisonment for not more than one year 364 days
or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to offenders
receiving a gross misdemeanor sentence on or after that date and retroactively
to offenders who received a gross misdemeanor sentence before that date.
Sec. 6. [609.0342]
MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
(a) Any law of this state
that provides for a maximum sentence of imprisonment of one year or is defined
as a gross misdemeanor shall be deemed to provide for a maximum fine of $3,000
and a maximum sentence of imprisonment of 364 days.
(b) Any sentence of
imprisonment for one year or 365 days imposed or executed before July 1, 2023,
shall be deemed to be a sentence of imprisonment for 364 days. A court may at any time correct or reduce
such a sentence pursuant to rule 27.03, subdivision 9, of the Rules of Criminal
Procedure and shall issue a corrected sentencing order upon motion of any
eligible defendant.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to offenders
receiving a gross misdemeanor sentence on or after that date and retroactively
to offenders who received a gross misdemeanor sentence before that date.
Sec. 7. Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:
Subdivision 1. Sentence
to more than one year or more.
A felony sentence to imprisonment for more than one year or
more shall commit the defendant to the custody of the commissioner of
corrections.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 8. Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:
Subd. 3. Sentence
to less than one year or less.
A sentence to imprisonment for a period of less than one year
or any lesser period shall be to a workhouse, work farm, county jail, or
other place authorized by law.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2022, section 609.1055, is amended to read:
609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS;
ALTERNATIVE PLACEMENT.
When a court intends to
commit an offender with a serious and persistent mental illness, as defined in
section 245.462, subdivision 20, paragraph (c), to the custody of the
commissioner of corrections for imprisonment at a state correctional facility,
either when initially pronouncing a sentence or when revoking an offender's
probation, the court, when consistent with public safety, may instead place the
offender on probation or continue the offender's probation and require as a
condition of the probation that the offender successfully complete an
appropriate supervised alternative living program having a mental health
treatment component. This section
applies only to offenders who would have a remaining term of imprisonment after
adjusting for credit for prior imprisonment, if any, of more than one
year or more.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 10. [609.133]
SENTENCE ADJUSTMENT.
Subdivision 1. Definitions. As used in this section:
(1)
"prosecutor" means the attorney general, county attorney, or city
attorney responsible for the prosecution of individuals charged with a crime;
and
(2) "victim"
has the meaning given in section 611A.01.
Subd. 2. Prosecutor-initiated
sentence adjustment. The
prosecutor responsible for the prosecution of an individual convicted of a
crime may commence a proceeding to adjust the sentence of that individual at
any time after the initial sentencing provided the prosecutor does not seek to
increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
Subd. 3. Review
by prosecutor. (a) A
prosecutor may review individual cases at the prosecutor's discretion.
(b) Prior to filing a
petition under this section, a prosecutor shall make a reasonable and good
faith effort to seek input from any identifiable victim and shall consider the
impact an adjusted sentence would have on the victim.
(c) The commissioner of
corrections, a supervising agent, or an offender may request that a prosecutor
review an individual case. A prosecutor
is not required to respond to a request.
Inaction by a prosecutor shall not be considered by any court as grounds
for an offender, a supervising agent, or the commissioner of corrections to
petition for a sentence adjustment under this section or for a court to adjust
a sentence without a petition.
Subd. 4. Petition;
contents; fee. (a) A
prosecutor's petition for sentence adjustment shall be filed in the district
court where the individual was convicted and include the following:
(1) the full name of the
individual on whose behalf the petition is being brought and, to the extent
possible, all other legal names or aliases by which the individual has been
known at any time;
(2) the individual's
date of birth;
(3) the individual's
address;
(4) a brief statement of
the reason the prosecutor is seeking a sentence adjustment for the individual;
(5) the details of the
offense for which an adjustment is sought, including:
(i) the date and
jurisdiction of the occurrence;
(ii) either the names of
any victims or that there were no identifiable victims;
(iii) whether there is a
current order for protection, restraining order, or other no contact order
prohibiting the individual from contacting the victims or whether there has
ever been a prior order for protection or restraining order prohibiting the individual
from contacting the victims;
(iv) the court file
number; and
(v) the date of
conviction;
(6) what steps the
individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional
facilities, or other personal history that demonstrates rehabilitation;
(7) the individual's
criminal conviction record indicating all convictions for misdemeanors, gross
misdemeanors, or felonies in this state, and for all comparable convictions in
any other state, federal court, or foreign country, whether the convictions occurred
before or after the conviction for which an adjustment is sought;
(8) the individual's criminal
charges record indicating all prior and pending criminal charges against the
individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or
were the subject of pretrial diversion; and
(9) to the extent known,
all prior requests by the individual, whether for the present offense or for
any other offenses in this state or any other state or federal court, for
pardon, return of arrest records, or expungement or sealing of a criminal record,
whether granted or not, and all stays of adjudication or imposition of sentence
involving the petitioner.
(b) The filing fee for a
petition brought under this section shall be waived.
Subd. 5. Service
of petition. (a) The
prosecutor shall serve the petition for sentence adjustment on the individual
on whose behalf the petition is being brought.
(b) The prosecutor shall
make a good faith and reasonable effort to notify any person determined to be a
victim of the offense for which adjustment is sought of the existence of a
petition. Notification under this
paragraph does not constitute a violation of an existing order for protection,
restraining order, or other no contact order.
(c) Notice to victims of
the offense under this subdivision must:
(1) specifically inform
the victim of the right to object, orally or in writing, to the proposed adjustment
of sentence; and
(2) inform the victims of
the right to be present and to submit an oral or written statement at the
hearing described in subdivision 6.
(d) If a victim notifies
the prosecutor of an objection to the proposed adjustment of sentence and is
not present when the court considers the sentence adjustment, the prosecutor
shall make these objections known to the court.
Subd. 6. Hearing. (a) The court shall hold a hearing on
the petition no sooner than 60 days after service of the petition. The hearing shall be scheduled so that the
parties have adequate time to prepare and present arguments regarding the issue
of sentence adjustment. The parties may
submit written arguments to the court prior to the date of the hearing and may
make oral arguments before the court at the hearing. The individual on whose behalf the petition
has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
(b) A victim of the
offense for which sentence adjustment is sought has a right to submit an oral
or written statement to the court at the time of the hearing describing the
harm suffered by the victim as a result of the crime and the victim's
recommendation on whether adjustment should be granted or denied. The judge shall consider the victim's
statement when making a decision.
(c) Representatives of
the Department of Corrections, supervising agents, community treatment
providers, and any other individual with relevant information may submit an
oral or written statement to the court at the time of the hearing.
Subd. 7. Nature
of remedy; standard. (a) The
court shall determine whether there are substantial and compelling reasons to
adjust the individual's sentence. In
making this determination, the court shall consider what impact, if any, a
sentence adjustment would have on public safety, including whether an
adjustment would promote the rehabilitation of the individual, properly reflect
the severity of the underlying offense, or reduce sentencing disparities. In making this determination, the court may
consider factors relating to both the offender and the offense, including but
not limited to:
(1) the presentence
investigation report used at sentencing, if available;
(2) the individual's
performance on probation or supervision;
(3) the individual's
disciplinary record during any period of incarceration;
(4) records of any
rehabilitation efforts made by the individual since the date of offense and any
plan to continue those efforts in the community;
(5) evidence that
remorse, age, diminished physical condition, or any other factor has
significantly reduced the likelihood that the individual will commit a future
offense;
(6) the amount of time
the individual has served in custody or under supervision; and
(7) significant changes
in law or sentencing practice since the date of offense.
(b) Notwithstanding any
law to the contrary, if the court determines by a preponderance of the evidence
that there are substantial and compelling reasons to adjust the individual's
sentence, the court may modify the sentence in any way provided the adjustment
does not:
(1) increase the period
of confinement or, if the individual is serving a stayed sentence, increase the
period of supervision;
(2) reduce or eliminate
the amount of court-ordered restitution; or
(3) reduce or eliminate
a term of conditional release required by law when a court commits an offender
to the custody of the commissioner of corrections.
The court may stay imposition or execution
of sentence pursuant to section 609.135.
(c) A sentence
adjustment is not a valid basis to vacate the judgment of conviction, enter a
judgment of conviction for a different offense, or impose sentence for any
other offense.
(d) The court shall
state in writing or on the record the reasons for its decision on the petition. If the court grants a sentence adjustment,
the court shall provide the information in section 244.09, subdivision 15, to
the Sentencing Guidelines Commission.
Subd. 8. Appeals. An order issued under this section
shall not be considered a final judgment, but shall be treated as an order
imposing or staying a sentence.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 11. Minnesota Statutes 2022, section 609.135, subdivision 1a, is amended to read:
Subd. 1a. Failure
to pay restitution. If the court
orders payment of restitution as a condition of probation and if the defendant
fails to pay the restitution in accordance with the payment schedule or
structure established by the court or the probation officer, the prosecutor or
the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to
determine whether or not the conditions of probation should be changed or
probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution
ordered has not been paid prior to 60 days before the term of probation expires. The court shall schedule and hold this
hearing and take appropriate action, including action under subdivision 2,
paragraph (g) (h), before the defendant's term of probation
expires.
Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104 when a defendant fails to pay court-ordered restitution.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 12. Minnesota Statutes 2022, section 609.135, subdivision 1c, is amended to read:
Subd. 1c. Failure
to complete court-ordered treatment. If
the court orders a defendant to undergo treatment as a condition of probation
and if the defendant fails to successfully complete treatment at least 60 days
before the term of probation expires, the prosecutor or the defendant's
probation officer may ask the court to hold a hearing to determine whether the
conditions of probation should be changed or probation should be revoked. The court shall schedule and hold this
hearing and take appropriate action, including action under subdivision 2,
paragraph (h) (i), before the defendant's term of probation
expires.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 13. Minnesota Statutes 2022, section 609.135, subdivision 2, is amended to read:
Subd. 2. Stay
of sentence maximum periods. (a) Except
as provided in paragraph (b), if the conviction is for a felony other
than section 609.2113, subdivision 1 or 2, 609.2114, subdivision 2, or section
609.3451, subdivision 1 or 1a, or Minnesota Statutes 2012, section 609.21,
subdivision 1a, paragraph (b) or (c), the stay shall be for not more than four
five years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer less.
(b) If the conviction is
for a felony described in section 609.19; 609.195; 609.20; 609.2112; 609.2113,
subdivision 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342; 609.343;
609.344; 609.345; 609.3451; 609.3458; or 609.749, the stay shall be for not more
than four years or the maximum period for which the sentence of imprisonment
might have been imposed, whichever is longer.
(b) (c) If
the conviction is for a gross misdemeanor violation of section 169A.20,
609.2113, subdivision 3, or 609.3451, or for a felony described in section
609.2113, subdivision 1 or 2, 609.2114, subdivision 2, or 609.3451, subdivision
1 or 1a, the stay shall be for not more than six four years. The court shall provide for unsupervised
probation for the last year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the last year.
(c) (d) If
the conviction is for a gross misdemeanor not specified in paragraph (b)
(c), the stay shall be for not more than two years.
(d) (e) If
the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242
or 609.224, subdivision 1, in which the victim of the crime was a family or
household member as defined in section 518B.01, the stay shall be for not more
than two years. The court shall provide
for unsupervised probation for the second year of the stay unless the court
finds that the defendant needs supervised probation for all or part of the
second year.
(e) (f) If
the conviction is for a misdemeanor not specified in paragraph (d) (e),
the stay shall be for not more than one year.
(f) (g) The
defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph (g) (h),
or the defendant has already been discharged.
(g) (h) Notwithstanding
the maximum periods specified for stays of sentences under paragraphs (a) to (f)
(g), a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance
with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution that the defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104.
(h) (i) Notwithstanding
the maximum periods specified for stays of sentences under paragraphs (a) to (f)
(g), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of probation expires.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to sentences announced on or
after that date.
Sec. 14. PROBATION
LIMITS; RETROACTIVE APPLICATION.
(a) Any person placed on
probation before August 1, 2023, is eligible for resentencing if:
(1) the person was placed
on probation for a gross misdemeanor or felony violation;
(2) the court placed the
person on probation for a length of time for a felony violation that exceeded
five years or for a gross misdemeanor violation that exceeded four years;
(3) under Minnesota
Statutes, section 609.135, subdivision 2, the maximum length of probation the
court could have ordered the person to serve on or after August 1, 2023, is
less than the period imposed; and
(4) the sentence of
imprisonment has not been executed.
(b) Eligibility for
resentencing within the maximum length of probation the court could have
ordered the person to serve on or after August 1, 2023, applies to each period
of probation ordered by the court. Upon
resentencing, periods of probation must be served consecutively if a court
previously imposed consecutive periods of probation on the person. The court may not increase a previously
ordered period of probation under this section or order that periods of
probation be served consecutively unless the court previously imposed
consecutive periods of probation.
(c) Resentencing may take
place without a hearing.
(d) The term of the stay
of probation for any person who is eligible for resentencing under paragraph
(a) and who has served five or more years of probation for a felony violation
or four or more years of probation for a gross misdemeanor violation as of
August 1, 2023, shall be considered to have expired on October 1, 2023, unless:
(1) the term of the stay
of probation would have expired before that date under the original sentence;
or
(2) the length of probation is
extended pursuant to Minnesota Statutes, section 609.135, subdivision 2,
paragraph (h) or (i).
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to sentences announced before that date.
Sec. 15. SENTENCING
GUIDELINES COMMISSION; MODIFICATION.
The Sentencing Guidelines
Commission shall modify the Sentencing Guidelines to be consistent with changes
to Minnesota Statutes, section 609.135, subdivision 2, governing the maximum
length of probation a court may order.
Sec. 16. REVISOR
INSTRUCTION.
In Minnesota Statutes,
the revisor of statutes shall substitute "364 days" for "one
year" consistent with the change in this act. The revisor shall also make other technical
changes resulting from the change of term to the statutory language if
necessary to preserve the meaning of the text.
ARTICLE 7
EXPUNGEMENT
Section 1. Minnesota Statutes 2022, section 13.871, subdivision 14, is amended to read:
Subd. 14. Expungement petitions. (a) Provisions regarding the classification and sharing of data contained in a petition for expungement of a criminal record are included in section 609A.03.
(b) Provisions regarding
the classification and sharing of data related to automatic expungements are
included in sections 299C.097 and 609A.015.
EFFECTIVE DATE. This
section is effective January 1, 2025.
Sec. 2. Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read:
Subdivision 1. Deferring prosecution for certain first time drug offenders. (a) A court may defer prosecution as provided in paragraph (c) for any person found guilty, after trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), for possession of a controlled substance, who:
(1) has not previously participated in or completed a diversion program authorized under section 401.065;
(2) has not previously been placed on probation without a judgment of guilty and thereafter been discharged from probation under this section; and
(3) has not been convicted of a felony violation of this chapter, including a felony-level attempt or conspiracy, or been convicted by the United States or another state of a similar offense that would have been a felony under this chapter if committed in Minnesota, unless ten years have elapsed since discharge from sentence.
(b) The court must defer prosecution as provided in paragraph (c) for any person found guilty of a violation of section 152.025, subdivision 2, who:
(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and
(2) has not previously been convicted of a felony offense under any state or federal law or of a gross misdemeanor under section 152.025.
(c) In granting relief under this section, the court shall, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period, not to exceed the maximum sentence provided for the violation. The court may give the person the opportunity to attend and participate in an appropriate program of education regarding the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation. If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. Upon receipt of notice that the proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting or citing law enforcement agency and direct that agency to seal its records related to the charge. Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this subdivision to the bureau which shall make and maintain the not public record of it as provided under this subdivision. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in section 13.02, subdivision 8a.
EFFECTIVE DATE. This
section is effective January 1, 2025.
Sec. 3. Minnesota Statutes 2022, section 181.981, subdivision 1, is amended to read:
Subdivision 1. Limitation on admissibility of criminal history. Information regarding a criminal history record of an employee or former employee may not be introduced as evidence in a civil action against a private employer or its employees or agents that is based on the conduct of the employee or former employee, if:
(1) the duties of the position of employment did not expose others to a greater degree of risk than that created by the employee or former employee interacting with the public outside of the duties of the position or that might be created by being employed in general;
(2) before the occurrence of
the act giving rise to the civil action,:
(i) a court order
sealed any record of the criminal case;
(ii) any record of the criminal case was sealed as the result of an automatic expungement, including but not limited to a grant of expungement made pursuant to section 609A.015; or
(iii) the employee or former employee received a pardon;
(3) the record is of an arrest or charge that did not result in a criminal conviction; or
(4) the action is based solely upon the employer's compliance with section 364.021.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 4. Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read:
Subdivision 1. Background studies conducted by Department of Human Services. (a) For a background study conducted by the Department of Human Services, the commissioner shall review:
(1) information related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (j);
(2) the commissioner's records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of minors as indicated through the social service information system;
(3) information from juvenile courts as required in subdivision 4 for individuals listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;
(4) information from the Bureau of Criminal Apprehension, including information regarding a background study subject's registration in Minnesota as a predatory offender under section 243.166;
(5) except as provided in clause (6), information received as a result of submission of fingerprints for a national criminal history record check, as defined in section 245C.02, subdivision 13c, when the commissioner has reasonable cause for a national criminal history record check as defined under section 245C.02, subdivision 15a, or as required under section 144.057, subdivision 1, clause (2);
(6) for a background study related to a child foster family setting application for licensure, foster residence settings, children's residential facilities, a transfer of permanent legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a background study required for family child care, certified license‑exempt child care, child care centers, and legal nonlicensed child care authorized under chapter 119B, the commissioner shall also review:
(i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years;
(ii) when the background study subject is 18 years of age or older, or a minor under section 245C.05, subdivision 5a, paragraph (c), information received following submission of fingerprints for a national criminal history record check; and
(iii) when the background study subject is 18 years of age or older or a minor under section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified license-exempt child care, licensed child care centers, and legal nonlicensed child care authorized under chapter 119B, information obtained using non-fingerprint-based data including information from the criminal and sex offender registries for any state in which the background study subject resided for the past five years and information from the national crime information database and the national sex offender registry; and
(7) for a background study required for family child care, certified license-exempt child care centers, licensed child care centers, and legal nonlicensed child care authorized under chapter 119B, the background study shall also include, to the extent practicable, a name and date-of-birth search of the National Sex Offender Public website.
(b) Notwithstanding
expungement by a court, the commissioner may consider information obtained
under paragraph (a), clauses (3) and (4), unless:
(1) the commissioner
received notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner; or
(2) the commissioner received notice of the expungement order issued pursuant to section 609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically to the commissioner.
(c) The commissioner shall also review criminal case information received according to section 245C.04, subdivision 4a, from the Minnesota court information system that relates to individuals who have already been studied under this chapter and who remain affiliated with the agency that initiated the background study.
(d) When the commissioner has reasonable cause to believe that the identity of a background study subject is uncertain, the commissioner may require the subject to provide a set of classifiable fingerprints for purposes of completing a fingerprint-based record check with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph shall not be saved by the commissioner after they have been used to verify the identity of the background study subject against the particular criminal record in question.
(e) The commissioner may inform the entity that initiated a background study under NETStudy 2.0 of the status of processing of the subject's fingerprints.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 5. Minnesota Statutes 2022, section 245C.08, subdivision 2, is amended to read:
Subd. 2. Background studies conducted by a county agency for family child care. (a) Before the implementation of NETStudy 2.0, for a background study conducted by a county agency for family child care services, the commissioner shall review:
(1) information from the county agency's record of substantiated maltreatment of adults and the maltreatment of minors;
(2) information from juvenile courts as required in subdivision 4 for:
(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13 through 23 living in the household where the licensed services will be provided; and
(ii) any other individual listed under section 245C.03, subdivision 1, when there is reasonable cause; and
(3) information from the Bureau of Criminal Apprehension.
(b) If the individual has resided in the county for less than five years, the study shall include the records specified under paragraph (a) for the previous county or counties of residence for the past five years.
(c) Notwithstanding
expungement by a court, the county agency may consider information obtained
under paragraph (a), clause (3), unless:
(1) the commissioner
received notice of the petition for expungement and the court order for
expungement is directed specifically to the commissioner; or
(2) the commissioner received notice of the expungement order issued pursuant to section 609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically to the commissioner.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 6. [299C.097]
DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE FOR EXPUNGEMENT.
(a) The superintendent
of the Bureau of Criminal Apprehension shall maintain a computerized data
system relating to petty misdemeanor and misdemeanor offenses that may become
eligible for expungement pursuant to section 609A.015 and which do not require fingerprinting
pursuant to section 299C.10 and are not linked to an arrest record in the
criminal history system.
(b) These data are
private data on individuals under section 13.02, subdivision 12.
EFFECTIVE DATE. This
section is effective January 1, 2025.
Sec. 7. Minnesota Statutes 2022, section 299C.10, subdivision 1, is amended to read:
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 fingerprints
and thumb prints thumbprints, 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) adults and juveniles admitted to jails or detention facilities;
(4) persons reasonably believed by the arresting officer to be fugitives from justice;
(5) 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;
(6) juveniles referred by a law enforcement agency to a diversion program for a felony or gross misdemeanor offense; and
(7) persons currently involved in the criminal justice process, on probation, on parole, or in custody for any offense whom the superintendent of the bureau identifies as being the subject of a court disposition record which cannot be linked to an arrest record, and whose fingerprints are necessary to reduce the number of suspense files, or to comply with the mandates of section 299C.111, relating to the reduction of the number of suspense files. This duty to obtain fingerprints for the offenses in suspense at the request of the bureau shall include the requirement that fingerprints be taken in post-arrest interviews, while making court appearances, while in custody, or while on any form of probation, diversion, or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours of taking the fingerprints and data, the fingerprint records and other identification data specified under paragraph (a) must be electronically entered into a bureau-managed searchable database in a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and subordinates shall attempt to ensure that the required identification data is taken on a person described in paragraph (a). Law enforcement may take fingerprints of an individual who is presently on probation.
(d) Finger Fingerprints
and thumb prints thumbprints must be obtained no later than:
(1) release from booking; or
(2) if not booked prior to acceptance of a plea of guilty or not guilty.
Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger and thumb prints have not been successfully received by the bureau, an individual may, upon order of the court, be taken into custody for no more than eight hours so that the taking of prints can be completed. Upon notice and motion of the prosecuting attorney, this time period may be extended upon a showing that additional time in custody is essential for the successful taking of prints.
(e) 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), 609.749 (obscene or harassing telephone calls), 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to violations that occur on or
after that date.
Sec. 8. Minnesota Statutes 2022, section 299C.11, subdivision 1, is amended to read:
Subdivision 1. Identification
data other than DNA. (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 fingerprints
and thumbprints, 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. When the bureau learns that an individual who
is the subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of birth, other than
those listed on the criminal history, the bureau shall convert into an
electronic format, if necessary, and enter into a bureau-managed searchable
database the new identifying information when supported by fingerprints within
three business days of learning the information if the information is not
entered by a law enforcement agency.
(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, destroy the arrested person's finger and thumb
prints fingerprints and thumbprints, 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) The bureau or agency shall
destroy an arrested person's fingerprints and thumbprints, photographs,
distinctive physical mark identification data, information on known aliases and
street names, and other identification data and all copies and duplicates of them without the demand of any person or
the granting of a petition under chapter 609A if:
(1) the sheriff, chief of
police, bureau, or other arresting agency determines that the person was
arrested or identified as the result of mistaken identity before presenting
information to the prosecuting authority for a charging decision; or
(2) the prosecuting
authority declines to file any charges or a grand jury does not return an
indictment based on a determination that the person was identified or arrested
as the result of mistaken identity.
(d) A prosecuting
authority that determines a person was arrested or identified as the result of
mistaken identity and either declines to file any charges or receives notice
that a grand jury did not return an indictment shall notify the bureau and the
applicable sheriff, chief of police, or other arresting agency of the
determination.
(c) (e) Except
as otherwise provided in paragraph (b) or (c), 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 fingerprints and
thumbprints, 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.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to determinations that a
person was identified as the result of mistaken identity made on or after that
date.
Sec. 9. Minnesota Statutes 2022, section 299C.111, is amended to read:
299C.111 SUSPENSE FILE REPORTING.
The superintendent shall immediately notify the appropriate entity or individual when a disposition record for a felony, gross misdemeanor, or targeted misdemeanor is received that cannot be linked to an arrest record.
EFFECTIVE DATE. This
section is effective January 1, 2025.
Sec. 10. Minnesota Statutes 2022, section 299C.17, is amended to read:
299C.17 REPORT BY COURT ADMINISTRATOR.
The superintendent shall
require the court administrator of every court which sentences a defendant for
a felony, gross misdemeanor, or targeted misdemeanor, or petty
misdemeanor to electronically transmit within 24 hours of the disposition
of the case a report, in a form prescribed by the superintendent providing
information required by the superintendent 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.
EFFECTIVE DATE. This
section is effective January 1, 2025.
Sec. 11. Minnesota Statutes 2022, section 609A.01, is amended to read:
609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.
This chapter provides the grounds and procedures for expungement of criminal records under section 13.82; 152.18, subdivision 1; 299C.11, where expungement is automatic under sections 609A.015, 609A.017, or 609A.035, or a petition is authorized under section 609A.02, subdivision 3; or other applicable law. The remedy available is
limited to a court order or grant of expungement under section 609A.015 sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.
EFFECTIVE DATE. This
section is effective January 1, 2025.
Sec. 12. [609A.015]
AUTOMATIC EXPUNGEMENT OF RECORDS.
Subdivision 1. Eligibility;
dismissal; exoneration. (a) A
person who is the subject of a criminal record or delinquency record is
eligible for a grant of expungement relief without the filing of a petition:
(1) if the person was
arrested and all charges were dismissed after a case was filed unless dismissal
was based on a finding that the defendant was incompetent to proceed;
(2) upon the dismissal
and discharge of proceedings against a person under section 152.18, subdivision
1, for violation of section 152.024, 152.025, or 152.027 for possession of a
controlled substance; or
(3) if all pending
actions or proceedings were resolved in favor of the person.
(b) For purposes of this
chapter, a verdict of not guilty by reason of mental illness is not a
resolution in favor of the person. For
purposes of this chapter, an action or proceeding is resolved in favor of the
person if the petitioner received an order under section 590.11 determining
that the person is eligible for compensation based on exoneration.
Subd. 2. Eligibility;
diversion and stay of adjudication. A
person is eligible for a grant of expungement relief if the person has
successfully completed the terms of a diversion program or stay of adjudication
for a qualifying offense that is not a felony and has not been petitioned or
charged with a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
(1) for one year
immediately following completion of the diversion program or stay of
adjudication; or
(2) for one year
immediately preceding a subsequent review performed pursuant to subdivision 5,
paragraph (a).
Subd. 3. Eligibility;
certain criminal proceedings. (a)
A person is eligible for a grant of expungement relief if the person:
(1) was convicted of a
qualifying offense;
(2) has not been
convicted of a new offense, other than an offense that would be a petty
misdemeanor, in Minnesota:
(i) during the
applicable waiting period immediately following discharge of the disposition or
sentence for the crime; or
(ii) during the
applicable waiting period immediately preceding a subsequent review performed
pursuant to subdivision 5, paragraph (a); and
(3) is not charged with
an offense, other than an offense that would be a petty misdemeanor, in
Minnesota at the time the person reaches the end of the applicable waiting
period or at the time of a subsequent review.
(b) As used in this
subdivision, "qualifying offense" means a conviction for:
(1) any petty
misdemeanor offense other than a violation of a traffic regulation relating to
the operation or parking of motor vehicles;
(2) any misdemeanor
offense other than:
(i) section 169A.20
under the terms described in section 169A.27 (fourth-degree driving while
impaired);
(ii) section 518B.01,
subdivision 14 (violation of an order for protection);
(iii) section 609.224
(assault in the fifth degree);
(iv) section 609.2242
(domestic assault);
(v) section 609.748
(violation of a harassment restraining order);
(vi) section 609.78
(interference with emergency call);
(vii) section 609.79
(obscene or harassing phone calls);
(viii) section 617.23
(indecent exposure);
(ix) section 609.746
(interference with privacy); or
(x) section 629.75
(violation of domestic abuse no contact order);
(3) any gross
misdemeanor offense other than:
(i) section 169A.25
(second-degree driving while impaired);
(ii) section 169A.26
(third-degree driving while impaired);
(iii) section 518B.01,
subdivision 14 (violation of an order for protection);
(iv) section 609.2113,
subdivision 3 (criminal vehicular operation);
(v) section 609.2231
(assault in the fourth degree);
(vi) section 609.224
(assault in the fifth degree);
(vii) section 609.2242
(domestic assault);
(viii) section 609.233
(criminal neglect);
(ix) section 609.3451
(criminal sexual conduct in the fifth degree);
(x) section 609.377
(malicious punishment of child);
(xi) section 609.485
(escape from custody);
(xii) section 609.498
(tampering with witness);
(xiii) section 609.582,
subdivision 4 (burglary in the fourth degree);
(xiv) section 609.746
(interference with privacy);
(xv) section 609.748
(violation of a harassment restraining order);
(xvi) section 609.749
(harassment; stalking);
(xvii) section 609.78
(interference with emergency call);
(xviii) section 617.23
(indecent exposure);
(xix) section 617.261 (nonconsensual
dissemination of private sexual images); or
(xx) section 629.75
(violation of domestic abuse no contact order); or
(4) any felony offense
listed in section 609A.02, subdivision 3, paragraph (b), other than:
(i) section 152.023,
subdivision 2 (possession of a controlled substance in the third degree);
(ii) 152.024,
subdivision 2 (possession of a controlled substance in the fourth degree);
(iii) section 609.485,
subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment
for mental illness); or
(iv) section 609.746,
subdivision 1, paragraph (e) (interference with privacy; subsequent violation
or minor victim).
(c) As used in this
subdivision, "applicable waiting period" means:
(1) if the offense was a
petty misdemeanor, two years since discharge of the sentence;
(2) if the offense was a
misdemeanor, two years since discharge of the sentence for the crime;
(3) if the offense was a
gross misdemeanor, three years since discharge of the sentence for the crime;
(4) if the offense was a
felony violation of section 152.025, four years since the discharge of the
sentence for the crime; and
(5) if the offense was
any other felony, five years since discharge of the sentence for the crime.
(d) Felony offenses
deemed to be a gross misdemeanor or misdemeanor pursuant to section 609.13,
subdivision 1, remain ineligible for expungement under this section. Gross misdemeanor offenses ineligible for a
grant of expungement under this section remain ineligible if deemed to be for a
misdemeanor pursuant to section 609.13, subdivision 2.
Subd. 4. Notice. (a) The court shall notify a person
who may become eligible for an automatic expungement under this section of that
eligibility at any hearing where the court dismisses and discharges proceedings
against a person under section 152.18, subdivision 1, for violation of section
152.024, 152.025, or 152.027 for possession of a
controlled substance; concludes
that all pending actions or proceedings were resolved in favor of the person;
grants a person's placement into a diversion program; or sentences a person or
otherwise imposes a consequence for a qualifying offense.
(b) To the extent
possible, prosecutors, defense counsel, supervising agents, and coordinators or
supervisors of a diversion program shall notify a person who may become
eligible for an automatic expungement under this section of that eligibility.
(c) If any party gives
notification under this subdivision, the notification shall inform the person
that:
(1) a record expunged
under this section may be opened for purposes of a background study by the
Department of Human Services under section 245C.08 and for purposes of a
background check by the Professional Educator Licensing and Standards Board as
required under section 122A.18, subdivision 8; and
(2) the person can file
a petition to expunge the record and request that the petition be directed to
the commissioner of human services and the Professional Educator Licensing and
Standards Board.
Subd. 5. Bureau
of Criminal Apprehension to identify eligible persons and grant expungement
relief. (a) The Bureau of
Criminal Apprehension shall identify any records that qualify for a grant of
expungement relief pursuant to this subdivision or subdivision 1, 2, or 3. The Bureau of Criminal Apprehension shall
make an initial determination of eligibility within 30 days of the end of the
applicable waiting period. If a record
is not eligible for a grant of expungement at the time of the initial determination,
the Bureau of Criminal Apprehension shall make subsequent eligibility
determinations annually until the record is eligible for a grant of
expungement.
(b) In making the
determination under paragraph (a), the Bureau of Criminal Apprehension shall
identify individuals who are the subject of relevant records through the use of
fingerprints and thumbprints where fingerprints and thumbprints are available. Where fingerprints and thumbprints are not
available, the Bureau of Criminal Apprehension shall identify individuals
through the use of the person's name and date of birth. Records containing the same name and date of
birth shall be presumed to refer to the same individual unless other evidence
establishes, by a preponderance of the evidence, that they do not refer to the
same individual. The Bureau of Criminal
Apprehension is not required to review any other evidence in making a
determination.
(c) The Bureau of
Criminal Apprehension shall grant expungement relief to qualifying persons and
seal its own records without requiring an application, petition, or motion. Records shall be sealed 60 days after notice
is sent to the judicial branch pursuant to paragraph (e) unless an order of the
judicial branch prohibits sealing the records or additional information
establishes that the records are not eligible for expungement.
(d) Nonpublic criminal
records maintained by the Bureau of Criminal Apprehension and subject to a
grant of expungement relief shall display a notation stating "expungement
relief granted pursuant to section 609A.015."
(e) The Bureau of
Criminal Apprehension shall inform the judicial branch of all cases for which
expungement relief was granted pursuant to this section. Notification may be through electronic means
and may be made in real time or in the form of a monthly report. Upon receipt of notice, the judicial branch
shall seal all records relating to an arrest, indictment or information, trial,
verdict, or dismissal and discharge for any case in which expungement relief
was granted and shall issue any order deemed necessary to achieve this purpose.
(f) The Bureau of
Criminal Apprehension shall inform each law enforcement agency that its records
may be affected by a grant of expungement relief. Notification may be through electronic means. Each notified law enforcement agency that
receives a request to produce records shall first determine if the records were
subject to a grant of expungement under this section. The law enforcement agency must not disclose
records relating to an
arrest, indictment or
information, trial, verdict, or dismissal and discharge for any case in which
expungement relief was granted and must maintain the data consistent with the
classification in paragraph (g). This
paragraph does not apply to requests from a criminal justice agency as defined
in section 609A.03, subdivision 7a, paragraph (f).
(g) Data on the person
whose offense has been expunged under this subdivision, including any notice
sent pursuant to paragraph (f), are private data on individuals as defined in
section 13.02, subdivision 12.
(h) The prosecuting
attorney shall notify the victim that an offense qualifies for automatic
expungement under this section in the manner provided in section 611A.03,
subdivisions 1 and 2.
(i) In any subsequent
prosecution of a person granted expungement relief, the expunged criminal
record may be pleaded and has the same effect as if the relief had not been
granted.
(j) The Bureau of
Criminal Apprehension is directed to develop, modify, or update a system to
provide criminal justice agencies with uniform statewide access to criminal
records sealed by expungement.
Subd. 6. Immunity
from civil liability. Employees
of the Bureau of Criminal Apprehension shall not be held civilly liable for the
exercise or the failure to exercise, or the decision to exercise or the
decision to decline to exercise, the powers granted by this section or for any
act or omission occurring within the scope of the performance of their duties
under this section.
EFFECTIVE DATE. This
section is effective January 1, 2025, and applies to offenses that meet the
eligibility criteria on or after that date and retroactively to offenses that
met those qualifications before January 1, 2025, and are stored in the Bureau
of Criminal Apprehension's criminal history system as of January 1, 2025.
Sec. 13. [609A.017]
MISTAKEN IDENTITY; AUTOMATIC EXPUNGEMENT.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b)
"Conviction" means a plea of guilty, a verdict of guilty by a jury,
or a finding of guilty by a court.
(c) "Mistaken
identity" means a person was incorrectly identified as being a different
person:
(1) because the person's
identity had been transferred, used, or possessed in violation of section
609.527; or
(2) as a result of
misidentification by a witness or law enforcement, confusion on the part of a
witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person
who committed the crime, or some other mistake on the part of a witness or law
enforcement as to the identity of the person who committed the crime.
Subd. 2. Determination
by prosecutor; notification. If,
before a conviction, a prosecutor determines that a defendant was issued a
citation, charged, indicted, or otherwise prosecuted as the result of mistaken
identity, the prosecutor must dismiss or move to dismiss the action or
proceeding and must state in writing or on the record that mistaken identity is
the reason for the dismissal.
Subd. 3. Order
of expungement. (a) The court
shall issue an order of expungement without the filing of a petition when an
action or proceeding is dismissed based on a determination that a defendant was
issued a citation, charged, indicted, or otherwise prosecuted as the result of
mistaken identity. The order shall cite
this section as the basis for the order.
(b) An order issued under this
section is not subject to the considerations or standards identified in section
609A.025 or 609A.03, subdivision 5, paragraph (a), (b), or (c).
Subd. 4. Effect
of order. (a) An order issued
under this section is not subject to the limitations in section 609A.03,
subdivision 7a or 9. The effect of the court
order to seal the record of the proceedings shall be to restore the person, in
the contemplation of the law, to the status the person occupied before the
arrest, indictment, or information. The
person shall not be guilty of perjury or otherwise of giving a false statement
if the person fails to acknowledge the arrest, indictment, information, or
trial in response to any inquiry made for any purpose.
(b) A criminal justice
agency may seek access to a record that was sealed under this section for purposes
of determining whether the subject of the order was identified in any other
action or proceeding as the result of mistaken identity or for a criminal
investigation, prosecution, or sentencing involving any other person. The requesting agency must obtain an ex parte
court order after stating a good-faith basis to believe that opening the record
may lead to relevant information.
(c) The court
administrator must distribute and confirm receipt of an order issued under this
section pursuant to section 609A.03, subdivision 8.
(d) Data on the person
whose offense has been expunged contained in a letter or other notification
sent under this subdivision are private data on individuals as defined in
section 13.02.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to determinations that a
person was identified as the result of mistaken identity on or after that date.
Sec. 14. Minnesota Statutes 2022, section 609A.02, subdivision 3, is amended to read:
Subd. 3. Certain criminal proceedings. (a) A petition may be filed under section 609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved in favor of the petitioner, if the petitioner received an order under section 590.11 determining that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication;
(3) the petitioner was
convicted of or received a stayed sentence for a petty misdemeanor or
misdemeanor or the sentence imposed was within the limits provided by law
for a misdemeanor and the petitioner has not been convicted of a new
crime for at least two years since discharge of the sentence for the crime;
(4) the petitioner was
convicted of or received a stayed sentence for a gross misdemeanor or
the sentence imposed was within the limits provided by law for a gross
misdemeanor and the petitioner has not been convicted of a new crime
for at least four three years since discharge of the sentence for
the crime; or
(5) the petitioner was
convicted of a gross misdemeanor that is deemed to be for a misdemeanor
pursuant to section 609.13, subdivision 2, clause (2), and has not been
convicted of a new crime for at least three years since discharge of the
sentence for the crime;
(6) the petitioner was
convicted of a felony violation of section 152.025 and has not been convicted
of a new crime for at least four years since discharge of the sentence for the
crime;
(7) the petitioner was
convicted of a felony that is deemed to be for a gross misdemeanor or
misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not
been convicted of a new crime for at least five years since discharge of the
sentence for the crime; or
(5) (8) the
petitioner was convicted of or received a stayed sentence for a felony
violation of an offense listed in paragraph (b), and has not been convicted of
a new crime for at least five four years since discharge of the
sentence for the crime.
(b) Paragraph (a), clause (5)
(7), applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section 152.023, subdivision 2 (possession of a controlled substance in the third degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree); 152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.984 (false declaration in assistance application);
(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices and solicitations);
(13) section 346.155, subdivision 10 (failure to control regulated animal);
(14) section 349.2127; or 349.22 (gambling regulations);
(15) section 588.20 (contempt);
(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
(17) section 609.31 (leaving state to evade establishment of paternity);
(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment for mental illness);
(19) section 609.49 (failure to appear in court);
(20) section 609.52,
subdivision 2, when sentenced pursuant to section 609.52, subdivision 3,
clause (3)(a) (theft of $5,000 or less), or other theft offense that is
sentenced under this provision; or 609.52, subdivision 3a, clause (1)
(theft of $1,000 or less with risk of bodily harm); or any other offense
sentenced pursuant to section 609.52, subdivision 3, clause (3)(a);
(21) section 609.521
(possession of shoplifting gear);
(21) (22) section
609.525 (bringing stolen goods into state);
(22) (23) section
609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
(23) (24) section
609.527, subdivision 5b (possession or use of scanning device or reencoder);
609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit
check); or 609.529 (mail theft);
(24) (25) section
609.53 (receiving stolen goods);
(25) (26) section
609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over
$500);
(26) (27) section
609.54, clause (1) (embezzlement of public funds $2,500 or less);
(27) (28) section
609.551 (rustling and livestock theft);
(28) (29) section
609.5641, subdivision 1a, paragraph (a) (wildfire arson);
(29) (30) section
609.576, subdivision 1, clause (3), item (iii) (negligent fires);
(31) section 609.582,
subdivision 3 (burglary in the third degree);
(32) section 609.59
(possession of burglary or theft tools);
(30) (33) section
609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph (a)
(criminal damage to property);
(31) (34) section
609.597, subdivision 3, clause (3) (assaulting or harming police horse);
(32) (35) section
609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4, clause
(3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false
pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent
statements);
(33) (36) section
609.65, clause (1) (false certification by notary); or 609.651, subdivision 4,
paragraph (a) (lottery fraud);
(34) (37) section
609.652 (fraudulent driver's license and identification card);
(35) (38) section
609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or
609.66, subdivision 1b (furnishing firearm to minor);
(36) (39) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
(37) (40) section
609.686, subdivision 2 (tampering with fire alarm);
(38) (41) section
609.746, subdivision 1, paragraph (e) (g) (interference with
privacy; subsequent violation or minor victim);
(39) (42) section
609.80, subdivision 2 (interference with cable communications system);
(40) (43) section
609.821, subdivision 2 (financial transaction card fraud);
(41) (44) section
609.822 (residential mortgage fraud);
(42) (45) section
609.825, subdivision 2 (bribery of participant or official in contest);
(43) (46) section
609.855, subdivision 2, paragraph (c), clause (1) (interference with transit
operator);
(44) (47) section
609.88 (computer damage); or 609.89 (computer theft);
(45) (48) section
609.893, subdivision 2 (telecommunications and information services fraud);
(46) (49) section
609.894, subdivision 3 or 4 (cellular counterfeiting);
(47) (50) section
609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);
(48) (51) section
609.896 (movie pirating);
(49) (52) section
624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 624.714,
subdivision 1a (pistol without permit; subsequent violation); or 624.7141,
subdivision 2 (transfer of pistol to ineligible person); or
(50) (53) section
624.7181 (rifle or shotgun in public by minor).
EFFECTIVE DATE. This
section is effective July 1, 2023, and applies to all offenses that meet the
eligibility criteria on or after that date, except the amendment to clause (41)
relating to interference with privacy is effective August 1, 2023.
Sec. 15. Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read:
Subd. 5. Nature of remedy; standard. (a) Except as otherwise provided by paragraph (b), expungement of a criminal record under this section is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:
(1) sealing the record; and
(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.
(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause (1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.
(c) In making a determination under this subdivision, the court shall consider:
(1) the nature and severity of the underlying crime, the record of which would be sealed;
(2) the risk, if any, the petitioner poses to individuals or society;
(3) the length of time since the crime occurred;
(4) the steps taken by the petitioner toward rehabilitation following the crime;
(5) aggravating or mitigating factors relating to the underlying crime, including the petitioner's level of participation and context and circumstances of the underlying crime;
(6) the reasons for the expungement, including the petitioner's attempts to obtain employment, housing, or other necessities;
(7) the petitioner's criminal record;
(8) the petitioner's record of employment and community involvement;
(9) the recommendations of interested law enforcement, prosecutorial, and corrections officials;
(10) the recommendations of victims or whether victims of the underlying crime were minors;
(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted; and
(12) other factors deemed relevant by the court.
(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court issues an expungement order it may require that the criminal record be sealed, the existence of the record not be revealed, and the record not be opened except as required under subdivision 7. Records must not be destroyed or returned to the subject of the record.
(e) Information relating to a criminal history record of an employee, former employee, or tenant that has been expunged before the occurrence of the act giving rise to the civil action may not be introduced as evidence in a civil action against a private employer or landlord or its employees or agents that is based on the conduct of the employee, former employee, or tenant.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 16. Minnesota Statutes 2022, section 609A.03, subdivision 7a, is amended to read:
Subd. 7a. Limitations of order effective January 1, 2015, and later. (a) Upon issuance of an expungement order related to a charge supported by probable cause, the DNA samples and DNA records held by the Bureau of Criminal Apprehension and collected under authority other than section 299C.105 shall not be sealed, returned to the subject of the record, or destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) except as provided in clause (2), an expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional services;
(2) when a criminal justice agency seeks access to a record that was sealed under section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information;
(3) an expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order;
(4) an expunged record of a conviction may be opened for purposes of a background study under section 245C.08 unless the commissioner had been properly served with notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner of human services following proper service of a petition, or following proceedings under section 609A.025 or 609A.035 upon service of an order to the commissioner of human services;
(5) an expunged record of a
conviction may be opened for purposes of a background check required under
section 122A.18, subdivision 8, unless the court order for expungement is
directed specifically to the Professional Educator Licensing and Standards Board;
and
(6) the court may order an
expunged record opened upon request by the victim of the underlying offense if
the court determines that the record is substantially related to a matter for
which the victim is before the court.;
(7) a prosecutor may
request, and the district court shall provide, certified records of conviction
for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02,
609A.025, and 609A.035, and the certified records of conviction may be
disclosed and introduced in criminal court proceedings as provided by the rules
of court and applicable law; and
(8) the subject of an
expunged record may request, and the court shall provide, certified or
uncertified records of conviction for a record expunged pursuant to sections
609A.015, 609A.017, 609A.02, 609A.025, and 609A.035.
(c) An agency or jurisdiction subject to an expungement order shall maintain the record in a manner that provides access to the record by a criminal justice agency under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau of Criminal Apprehension shall notify the commissioner of human services or the Professional Educator Licensing and Standards Board of the existence of a sealed record and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement order shall provide access to the record to the commissioner of human services or the Professional Educator Licensing and Standards Board under paragraph (b), clause (4) or (5).
(d) An expunged record that is opened or exchanged under this subdivision remains subject to the expungement order in the hands of the person receiving the record.
(e) A criminal justice agency that receives an expunged record under paragraph (b), clause (1) or (2), must maintain and store the record in a manner that restricts the use of the record to the investigation, prosecution, or sentencing for which it was obtained.
(f) For purposes of this section, a "criminal justice agency" means a court or government agency that performs the administration of criminal justice under statutory authority.
(g) This subdivision applies to expungement orders subject to its limitations and effective on or after January 1, 2015, and grants of expungement relief issued on or after January 1, 2025.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 17. Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read:
Subd. 9. Stay of order; appeal. An expungement order issued under this section shall be stayed automatically for 60 days after the order is filed and, if the order is appealed, during the appeal period. A person or an agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order. An agency or jurisdiction or its officials or employees need not file a cost bond or supersedeas bond in order to further stay the proceedings or file an appeal.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 18. [609A.035]
PARDON EXTRAORDINARY; NO PETITION REQUIRED.
(a) Notwithstanding
section 609A.02, if the Board of Pardons grants a pardon pursuant to section
638.17, it shall file a copy of the pardon extraordinary with the district court
of the county in which the conviction occurred.
(b) The district court
shall issue an expungement order sealing all records wherever held relating to
the arrest, indictment or information, trial, verdict, and pardon for the
pardoned offense without the filing of a petition and send an expungement order
to each government entity whose records are affected.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 19. [609A.05]
NO DUTY TO DISCOVER; EMPLOYERS AND LANDLORDS.
A landlord or employer
does not have a duty to discover or use a record that has been expunged under
this chapter or other law for purposes of making a housing or employment
decision.
Sec. 20. Minnesota Statutes 2022, section 611A.03, subdivision 1, is amended to read:
Subdivision 1. Plea agreements; notification of victim. Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:
(1) the contents of the plea
agreement recommendation, including the amount of time recommended for the
defendant to serve in jail or prison if the court accepts the agreement; and
(2) the right to be present
at the sentencing hearing and at the hearing during which the plea is presented
to the court and to express orally or in writing, at the victim's option, any
objection to the agreement or to the proposed disposition. If the victim is not present when the court
considers the recommendation, but has communicated objections to the
prosecuting attorney, the prosecuting attorney shall make these objections
known to the court.; and
(3) the eligibility of
the offense for automatic expungement pursuant to section 609A.015.
EFFECTIVE DATE. This
section is effective January 1, 2025, and applies to plea agreements entered
into on or after that date.
ARTICLE 8
CLEMENCY REFORM
Section 1. Minnesota Statutes 2022, section 13.871, subdivision 8, is amended to read:
Subd. 8. Board
of Pardons Clemency Review Commission records. Access to Board of Pardons records
of the Clemency Review Commission is governed by section 638.07 638.20.
Sec. 2. Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:
Subd. 3. Definitions. 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 chapter 638; and
(2) "mistaken
identity" means the person was incorrectly identified as being a different
person:
(i) because the person's
identity had been transferred, used, or possessed in violation of section
609.527; or
(ii) as a result of
misidentification by a witness or law enforcement, confusion on the part of a
witness or law enforcement as to the identity of the person who committed the
crime, misinformation provided to law enforcement as to the identity of the person
who committed the crime, or some other mistake on the part of a witness or law
enforcement as to the identity of the person who committed the crime; and
(2) (3) "targeted
misdemeanor" has the meaning given in section 299C.10, subdivision 1.
Sec. 3. Minnesota Statutes 2022, section 638.01, is amended to read:
638.01 BOARD OF PARDONS; HOW CONSTITUTED; POWERS.
The Board of Pardons shall
consist consists of the governor, the chief justice of the supreme
court, and the attorney general. The board
governor in conjunction with the board may grant pardons and
reprieves and commute the sentence of any person convicted of any offense
against the laws of the state, in the manner and under the conditions and rules
hereinafter prescribed, but not otherwise clemency according to this
chapter.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. [638.011]
DEFINITIONS.
Subdivision 1. Scope. For purposes of this chapter, the
terms defined in this section have the meanings given.
Subd. 2. Board. "Board" means the Board of
Pardons under section 638.01.
Subd. 3. Clemency. Unless otherwise provided,
"clemency" includes a pardon, commutation, and reprieve after
conviction for a crime against the state except in cases of impeachment.
Subd. 4. Commission. "Commission" means the
Clemency Review Commission under section 638.09.
Subd. 5. Department. "Department" means the
Department of Corrections.
Subd. 6. Waiver
request. "Waiver
request" means a request to waive a time restriction under sections
638.12, subdivisions 2 and 3, and 638.19, subdivision 1.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 5. [638.09]
CLEMENCY REVIEW COMMISSION.
Subdivision 1. Establishment;
duties. (a) The Clemency
Review Commission is established to:
(1) review each eligible clemency application and waiver request that it receives;
(2) recommend to the
board, in writing, whether to grant or deny the application or waiver request,
with each member's vote reported;
(3) recommend to the
board, in writing, whether the board should conduct a hearing on a clemency
application, with each member's vote reported; and
(4) provide victim
support services, assistance to applicants, and other assistance as the board
requires.
(b) Unless otherwise
provided:
(1) the commission's
recommendations under this chapter are nonbinding on the governor or the board;
and
(2) chapter 15 applies
unless otherwise inconsistent with this chapter.
Subd. 2. Composition. (a) The commission consists of nine
members, each serving a term coterminous with the governor.
(b) The governor, the attorney general, and the chief justice of the supreme court must each appoint three members to serve on the commission and replace members when the members' terms expire. Members serve at the pleasure of their appointing authority.
Subd. 3. Appointments
to commission. (a) An
appointing authority is encouraged to consider the following criteria when
appointing a member:
(1) expertise in law,
corrections, victims' services, correctional supervision, mental health, and
substance abuse treatment; and
(2) experience addressing
systemic disparities, including but not limited to disparities based on race,
gender, and ability.
(b) An appointing
authority must seek out and encourage qualified individuals to apply to serve
on the commission, including:
(1) members of Indigenous
communities, Black communities, and other communities of color;
(2) members diverse as to
gender identity; and
(3) members diverse as
to age and ability.
(c) If there is a
vacancy, the appointing authority who selected the vacating member must make an
interim appointment to expire at the end of the vacating member's term.
(d) A member may
continue to serve until the member's successor is appointed, but a member may
not serve more than eight years in total.
Subd. 4. Commission;
generally. (a) The commission
must biennially elect one of its members as chair and one as vice-chair. The chair serves as the board's secretary.
(b) Each commission
member must be:
(1) compensated at a
rate of $150 for each day or part of the day spent on commission activities;
and
(2) reimbursed for all
reasonable expenses actually paid or incurred by the member while performing
official duties.
(c) Beginning January 1,
2025, and annually thereafter, the board may set a new per diem rate for
commission members, not to exceed an amount ten percent higher than the
previous year's rate.
Subd. 5. Executive
director. (a) The board must
appoint a commission executive director knowledgeable about clemency and
criminal justice. The executive director
serves at the pleasure of the board in the unclassified service as an executive
branch employee.
(b) The executive
director's salary is set in accordance with section 15A.0815, subdivision 3.
(c) The executive
director may obtain office space and supplies and hire administrative staff
necessary to carry out the commission's official functions, including providing
administrative support to the board and attending board meetings. Any additional staff serve in the
unclassified service at the pleasure of the executive director.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 6. [638.10]
CLEMENCY APPLICATION.
Subdivision 1. Required
contents. A clemency application
must:
(1) be in writing;
(2) be signed under oath
by the applicant; and
(3) state the clemency
sought, state why the clemency should be granted, and contain the following
information and any additional information that the commission or board
requires:
(i) the applicant's
name, address, and date and place of birth, and every alias by which the
applicant is or has been known;
(ii) the applicant's
demographic information, including race, ethnicity, gender, disability status,
and age, only if voluntarily reported;
(iii) the applicant's convicted
crime for which clemency is requested, the date and county of conviction, the
sentence imposed, and the sentence's expiration or discharge date;
(iv) the names of the
sentencing judge, the prosecuting attorney, and any victims of the crime;
(v) a brief description
of the crime and the applicant's age at the time of the crime;
(vi) the date and outcome of any prior clemency application, including
any application submitted before July 1, 2024;
(vii) to the best of the
applicant's knowledge, a statement of any past criminal conviction and any
pending criminal charge or investigation;
(viii) for an applicant
under the department's custody, a statement describing the applicant's reentry
plan should clemency be granted; and
(ix) an applicant
statement acknowledging and consenting to the disclosure to the commission,
board, and public of any private data on the applicant in the application or in
any other record relating to the clemency being sought, including conviction
and arrest records.
Subd. 2. Required
form. (a) An application must
be made on a commission-approved form or forms and filed with the commission by
commission-prescribed deadlines. The
commission must consult with the board on the forms and deadlines.
(b) The application must
include language informing the applicant that the board and the commission will
consider any and all past convictions and that the applicant may provide
information about the convictions.
Subd. 3. Reviewing
application for completeness. The
commission must review an application for completeness. An incomplete application must be returned to
the applicant, who may then provide the missing information and resubmit the
application within a commission-prescribed period.
Subd. 4. Notice
to applicant. After the
commission's initial investigation of a clemency application, the commission
must notify the applicant of the scheduled date, time, and location that the
applicant must appear before the commission for a meeting under section 638.14.
Subd. 5. Equal
access to information. Each
board and commission member must have equal access to information under this
chapter that is used when making a clemency decision.
Sec. 7. [638.11]
THIRD-PARTY NOTIFICATIONS.
Subdivision 1. Notice to victim; victim rights. (a) After receiving a clemency application, the commission must make all reasonable efforts to locate any victim of the applicant's crime.
(b) At least 30 calendar
days before the commission meeting at which the application will be heard, the
commission must notify any located victim of:
(1) the application;
(2) the meeting's
scheduled date, time, and location; and
(3) the victim's right
to attend the meeting and submit an oral or written statement to the
commission.
(c) The commission must make
all reasonable efforts to ensure that a victim can:
(1) submit an oral or
written statement; and
(2) receive victim
support services as necessary to help the victim submit a statement and
participate in the clemency process.
Subd. 2. Notice to sentencing judge and prosecuting attorney. (a) At least 60 calendar days before the commission meeting at which the application will be heard, the commission must:
(1) notify the
sentencing judge and prosecuting attorney, or their successors, of the
application;
(2) provide a copy of the application to the judge and attorney; and
(3) solicit the judge's
and attorney's written statements on whether to grant clemency.
(b) Unless otherwise
provided in this chapter, "law enforcement agency" includes the
sentencing judge and prosecuting attorney or their successors.
Subd. 3. Notice
to public. At least 30
calendar days before the commission meeting at which the application will be
heard, the commission must publish notice of an application in a qualified
newspaper of general circulation in the county in which the applicant's crime
occurred.
Sec. 8. [638.12]
TYPES OF CLEMENCY; ELIGIBILITY AND WAIVER.
Subdivision 1. Types
of clemency; requirements. (a)
The board may:
(1) pardon a criminal
conviction imposed under the laws of this state;
(2) commute a criminal
sentence imposed by a court of this state to time served or a lesser sentence;
or
(3) grant a reprieve of
a sentence imposed by a court of this state.
(b) A pardon, after
being granted and filed with the district court of the county in which the
conviction and sentence were imposed, will also seal all records wherever held
related to the arrest, indictment or information, trial, verdict, and pardon.
(c) A grant of clemency
must be in writing and has no force or effect if the governor or a board
majority duly convened opposes the clemency.
Every conditional grant of clemency must state the terms and conditions
upon which it was granted, and every commutation must specify the terms of the
commuted sentence.
(d) A granted pardon
sets aside the conviction and purges the conviction from an individual's
criminal record. The individual is not
required to disclose the conviction at any time or place other than:
(1) in a judicial
proceeding; or
(2) during the licensing
process for peace officers.
Subd. 2. Pardon
eligibility; waiver. (a)
Except as provided in paragraphs (b) and (c), an individual convicted of a
crime in a court of this state may apply for a pardon of the individual's
conviction on or after five years from the sentence's expiration or discharge
date.
(b) An individual convicted
before August 1, 2023, of a violation of section 609.19, subdivision 1, clause
(1), under the theory of liability for crimes of another may apply for a pardon
upon the sentence's expiration or discharge date if the individual:
(1) was charged with a
violation of section 609.185, paragraph (a), clause (3), and:
(i) thereafter pled
guilty to a violation of section 609.19, subdivision 1, clause (1);
(ii) did not cause the
death of a human being; and
(iii) did not
intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
(2) was charged with a
violation of section 609.19, subdivision 2, and:
(i) thereafter pled
guilty to a violation of section 609.19, subdivision 1, clause (1);
(ii) did not cause the
death of a human being; and
(iii) was not a major
participant, as defined in section 609.05, subdivision 2a, paragraph (c), in
the underlying felony and did not act with extreme indifference to human life.
(c) An individual may
request the board to waive the waiting period if there is a showing of unusual
circumstances and special need.
(d) The commission must
review a waiver request and recommend to the board whether to grant the request. When considering a waiver request, the
commission is exempt from the meeting requirements under section 638.14 and
chapter 13D.
(e) The board must grant
a waiver request unless the governor or a board majority opposes the waiver.
Subd. 3. Commutation
eligibility. (a) An
individual may apply for a commutation of an unexpired criminal sentence
imposed by a court of this state, including an individual confined in a
correctional facility or on probation, parole, supervised release, or
conditional release. An application for
commutation may not be filed until the date that the individual has served at
least one-half of the sentence imposed or on or after five years from the
conviction date, whichever is earlier.
(b) An individual may
request the board to waive the waiting period if there is a showing of unusual
circumstances and special need.
(c) The commission must
review a waiver request and recommend to the board whether to grant the request. When considering a waiver request, the
commission is exempt from the meeting requirements under section 638.14 and
chapter 13D.
(d) The board must grant
a waiver request unless the governor or a board majority opposes the waiver.
Sec. 9. [638.13]
ACCESS TO RECORDS; ISSUING SUBPOENA.
Subdivision 1. Access
to records. (a)
Notwithstanding chapter 13 or any other law to the contrary, upon receiving a
clemency application, the board or commission may request and obtain any
relevant reports, data, and other information from state courts, law
enforcement agencies, or state agencies.
The board and the commission must have access to all relevant sealed or
otherwise inaccessible court records, presentence investigation reports, police
reports, criminal history reports, prison records, and any other relevant
information.
(b) State courts, law
enforcement agencies, and state agencies must promptly respond to record
requests from the board or the commission.
Subd. 2. Issuing
subpoena. The board or the
commission may issue a subpoena requiring the presence of any person before the
commission or board and the production of papers, records, and exhibits in any
pending matter. When a person is
summoned before the commission or the board, the person may be allowed
compensation for travel and attendance as the commission or the board considers
reasonable.
Sec. 10. [638.14]
COMMISSION MEETINGS.
Subdivision 1. Frequency. The commission must meet at least four
times each year for one or more days at each meeting to hear eligible clemency
applications and recommend appropriate action to the board on each application. One or more of the meetings may be held at a
department-operated correctional facility.
Subd. 2. When open to the public. All commission meetings are open to the public as provided under chapter 13D, but the commission may hold closed meetings:
(1) as provided under
chapter 13D; or
(2) as necessary to
protect sensitive or confidential information, including (i) a victim's
identity, and (ii) sensitive or confidential victim testimony.
Subd. 3. Recording. When possible, the commission must
record its meetings by audio or audiovisual means.
Subd. 4. Board
attendance. The governor,
attorney general, and chief justice, or their designees, may attend commission
meetings as ex-officio nonvoting members, but their attendance does not affect
whether the commission has a quorum.
Subd. 5. Applicant
appearance; third-party statements. (a)
An applicant for clemency must appear before the commission either in person or
through available forms of telecommunication.
(b) The victim of an
applicant's crime may appear and speak at the meeting or submit a written
statement to the commission. The
commission may treat a victim's written statement as confidential and not
disclose the statement to the applicant or the public if there is or has been
an order for protection, harassment restraining order, or other no‑contact
order prohibiting the applicant from contacting the victim.
(c) A law enforcement
agency's representative may provide the agency's position on whether the
commission should recommend clemency by:
(1) appearing and
speaking at the meeting; or
(2) submitting a written
statement to the commission.
(d) The sentencing judge
and the prosecuting attorney, or their successors, may provide their positions
on whether the commission should recommend clemency by:
(1) appearing and
speaking at the meeting; or
(2) submitting their
statements under section 638.11, subdivision 2.
Sec. 11. [638.15]
COMMISSION RECOMMENDATION.
Subdivision 1. Grounds
for recommending clemency. (a)
When recommending whether to grant clemency, the commission must consider any
factors that the commission deems appropriate, including but not limited to:
(1) the nature,
seriousness, and circumstances of the applicant's crime; the applicant's age at
the time of the crime; and the time that has elapsed between the crime and the
application;
(2) the successful
completion or revocation of previous probation, parole, supervised release, or
conditional release;
(3) the number, nature,
and circumstances of the applicant's other criminal convictions;
(4) the extent to which
the applicant has demonstrated rehabilitation through postconviction conduct,
character, and reputation;
(5) the extent to which
the applicant has accepted responsibility, demonstrated remorse, and made
restitution to victims;
(6) whether the sentence
is clearly excessive in light of the applicant's crime and criminal history and
any sentence received by an accomplice and with due regard given to:
(i) any plea agreement;
(ii) the sentencing judge's views; and
(iii) the sentencing
ranges established by law;
(7) whether the
applicant was convicted before August 1, 2023, of a violation of section
609.19, subdivision 1, clause (1), under the theory of liability for crimes of
another and, if so, whether the applicant:
(i) was charged with a
violation of section 609.185, paragraph (a), clause (3), and:
(A) thereafter pled
guilty to a violation of section 609.19, subdivision 1, clause (1);
(B) did not cause the
death of a human being; and
(C) did not
intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
(ii) was charged with a
violation of section 609.19, subdivision 2, and:
(A) thereafter pled
guilty to a violation of section 609.19, subdivision 1, clause (1);
(B) did not cause the
death of a human being; and
(C) was not a major
participant, as defined in section 609.05, subdivision 2a, paragraph (c), in
the underlying felony and did not act with extreme indifference to human life;
(8) whether the
applicant's age or medical status indicates that it is in the best interest of
society that the applicant receive clemency;
(9) the applicant's asserted need for clemency, including family needs and barriers to housing or employment created by the conviction;
(10) for an applicant under the department's custody, the adequacy of the applicant's reentry plan;
(11) the amount of time already served by the applicant and the availability of other forms of judicial or administrative relief;
(12) the extent to which
there is credible evidence indicating that the applicant is or may be innocent
of the crime for which they were convicted; and
(13) if provided by the
applicant, the applicant's demographic information, including race, ethnicity,
gender, disability status, and age.
(b) Unless an applicant
knowingly omitted past criminal convictions on the application, the commission
or the board must not prejudice an applicant for failing to identify past
criminal convictions.
Subd. 2. Recommending
denial of commutation without hearing.
(a) At a meeting under section 638.14, the commission may
recommend without a commission hearing that the board deny a commutation
application without a board hearing if:
(1) the applicant is
challenging the conviction or sentence through court proceedings;
(2) the applicant has
failed to exhaust all available state court remedies for challenging the
conviction or sentence; or
(3) the commission
determines that the matter should first be considered by the parole authority.
(b) A commission
recommendation to deny an application under paragraph (a) must be sent to the
board along with the application.
Subd. 3. Considering
public statements. When
making its recommendation on an application, the commission must consider any
statement provided by a victim or law enforcement agency.
Subd. 4. Commission recommendation; notifying applicant. (a) Before the board's next meeting at which the clemency application may be considered, the commission must send to the board:
(1) the application;
(2) the commission's
recommendation on whether the board should grant or deny clemency;
(3) the commission's
recommendation on whether the board should or should not hold a hearing on the
application;
(4) any recording of the
commission's meeting related to the application; and
(5) all statements from
victims and law enforcement agencies.
(b) No later than 14
calendar days after its dated recommendation, the commission must notify the
applicant in writing of its recommendations under this subdivision.
Sec. 12. [638.16]
BOARD MEETINGS.
Subdivision 1. Frequency. (a) The board must meet at least two
times each year to consider and vote on clemency applications.
(b) If the commission
recommends that an application receive a hearing, the board must hold a hearing
on the application unless all the board members decline a hearing.
(c) If the commission
recommends that an application not receive a hearing, the board must not hold a
hearing on the application unless at least one board member requests a hearing.
Subd. 2. When
open to the public. All board
meetings are open to the public as provided under chapter 13D, but the board
may hold closed meetings:
(1) as provided under
chapter 13D; or
(2) as necessary to
protect sensitive or confidential information, including (i) a victim's
identity, and (ii) sensitive or confidential victim testimony.
Subd. 3. Executive
director; attendance required. Unless
excused by the board, the executive director and the commission's chair or
vice-chair must attend all board meetings.
Subd. 4. Considering
statements. (a) Applicants,
victims, law enforcement agencies, and the public may submit oral or written statements at a board meeting only if the
application is subject to a hearing under subdivision 1.
(b) The board must take
into account any statements provided to the commission when considering a
clemency application.
Sec. 13. [638.17]
BOARD DECISION; NOTIFYING APPLICANT.
Subdivision 1. Board
decision. (a) At each
meeting, the board must render a decision on each clemency application
considered at the meeting or continue the matter to a future board meeting. If the board continues consideration of an
application, the commission must notify the applicant in writing and explain
why the matter was continued.
(b) If the commission
recommends no hearing and denial of an application and no board member requests
a hearing on the application, it is presumed that the board concurs with the
commission's recommendation and that the application has been considered and
denied on the merits.
Subd. 2. Notifying
applicant. The commission
must notify the applicant in writing of the board's decision to grant or deny
clemency no later than 14 calendar days from the date of the board's decision.
Sec. 14. [638.18]
FILING COPY OF CLEMENCY; COURT ACTION.
Subdivision 1. Filing with district court. After clemency has been granted, the commission must file a copy of the pardon, commutation, or reprieve with the district court of the county in which the conviction and sentence were imposed.
Subd. 2. Court action; pardon. (a) For a pardon, the court must:
(1) order the conviction set aside;
(2) include a copy of the pardon in the court file;
(3) order all records
wherever held relating to the arrest, indictment or information, trial,
verdict, and pardon sealed and prohibit the disclosure of the existence of the
records or the opening of the records except under court order or pursuant to
section 609A.03, subdivision 7a, paragraph (b), clause (1), (7), or (8); and
(4) send a copy of the
order and the pardon to the Bureau of Criminal Apprehension and all other
government entities that hold affected records.
(b) Consistent with
section 609A.03, subdivision 8, the court administrator shall send a copy of
the expungement order to each government entity whose records are affected by
the order, including but not limited to the Department of Corrections, the Department
of Public Safety, and law enforcement agencies.
Subd. 3. Court
action; commutation. For a
commutation, the court must:
(1) amend the sentence to reflect the specific relief granted by the board;
(2) include a copy of
the commutation in the court file; and
(3) send a copy of the
amended sentencing order and commutation to the commissioner of corrections and
the Bureau of Criminal Apprehension.
Sec. 15. [638.19]
REAPPLYING FOR CLEMENCY.
Subdivision 1. Time-barred
from reapplying; exception. (a)
After the board has considered and denied a clemency application on the merits,
an applicant may not file a subsequent application for five years after the
date of the most recent denial. This
paragraph applies if an application is denied according to section 638.17,
subdivision 1, paragraph (b).
(b) An individual may
request permission to reapply before the five-year period expires based only on
new and substantial information that was not and could not have been previously
considered by the board or commission.
(c) If a waiver request
contains new and substantial information, the commission must review the
request and recommend to the board whether to waive the time restriction. When considering a waiver request, the
commission is exempt from the meeting requirements under section 638.14 and
chapter 13D.
(d) The board must grant
a waiver request unless the governor or a board majority opposes the waiver.
Subd. 2. Applying
for pardon not precluded. An
applicant who is denied or granted a commutation is not precluded from later
seeking a pardon of the criminal conviction once the eligibility requirements
of this chapter have been met.
Sec. 16. [638.20]
COMMISSION RECORD KEEPING.
Subdivision 1. Record
keeping. The commission must
keep a record of every application received, its recommendation on each
application, and the final disposition of each application.
Subd. 2. When
open to public. The
commission's records and files are open to public inspection at all reasonable
times, except for:
(1) sealed court
records;
(2) presentence investigation
reports;
(3) Social Security
numbers;
(4) financial account
numbers;
(5) driver's license
information;
(6) medical records;
(7) confidential Bureau of Criminal Apprehension records;
(8) the identities of
victims who wish to remain anonymous and confidential victim statements; and
(9) any other
confidential data on individuals, private data on individuals, not public data,
or nonpublic data under chapter 13.
Sec. 17. [638.21]
LANGUAGE ACCESS AND VICTIM SUPPORT.
Subdivision 1. Language
access. The commission and
the board must take reasonable steps to provide meaningful language access to
applicants and victims. Applicants and
victims must have language access to information, documents, and services under
this chapter, with each communicated in a language or manner that the applicant
or victim can understand.
Subd. 2. Interpreters. (a) Applicants and victims are
entitled to interpreters as necessary to fulfill the purposes of this chapter,
including oral or written communication.
Sections 546.42 to 546.44 apply, to the extent consistent with this
section.
(b) The commission or the board may not discriminate against an applicant or victim who requests or receives interpretation services.
Subd. 3. Victim
services. The commission and
the board must provide or contract for victim support services as necessary to
support victims under this chapter.
Sec. 18. [638.22]
LEGISLATIVE REPORT.
Beginning February 15,
2025, and every February 15 thereafter, the commission must submit a written
report to the chairs and ranking minority members of the house of
representatives and senate committees with jurisdiction over public safety,
corrections, and judiciary that contains at least the following information:
(1) the number of
clemency applications received by the commission during the preceding calendar
year;
(2) the number of
favorable and adverse recommendations made by the commission for each type of
clemency;
(3) the number of
applications granted and denied by the board for each type of clemency;
(4) the crimes for which
the applications were granted by the board, the year of each conviction, and
the individual's age at the time of the crime; and
(5) summary data voluntarily
reported by applicants, including but not limited to demographic information on
race, ethnicity, gender, disability status, and age, of applicants recommended
or not recommended for clemency by the commission.
Sec. 19. [638.23]
RULEMAKING.
(a) The board and
commission may jointly adopt rules, including amending Minnesota Rules, chapter
6600, to:
(1) enforce their powers
and duties under this chapter and ensure the efficient processing of
applications; and
(2) establish a process
for expedited review of applications requesting clemency for a nonviolent
crime.
(b) A rule adopted under
paragraph (a), clause (2), must specify the types of nonviolent crimes eligible
for expedited review and the level of support needed from the sentencing judge
or successor, the prosecuting attorney or successor, and any victims of the
crime for the board to consider the application under the expedited review
process.
(c) The time limit to
adopt rules under section 14.125 does not apply.
Sec. 20. TRANSITION
PERIOD.
Subdivision 1. Definition. For purposes of this section,
"transition period" means the period after the effective date of this
section through June 30, 2024.
Subd. 2. Governing
provisions. A pardon,
commutation, or reprieve granted during the transition period is governed according
to Minnesota Statutes 2022, sections 638.02, subdivisions 2 to 5, and 638.03 to
638.08.
Subd. 3. Department
administrative assistance. Beginning
August 1, 2023, through February 29, 2024, the Department of Corrections must
provide the Clemency Review Commission with administrative assistance,
technical assistance, office space, and other assistance necessary for the
commission to carry out its duties under sections 4 to 20.
Subd. 4. Granting
clemency applications. (a)
The Board of Pardons may grant pardons, commutations, and reprieves on
applications received during the transition period.
(b) A pardon,
commutation, or reprieve that is granted during the transition period has no
force or effect if the governor or a board majority duly convened opposes the
clemency.
Subd. 5. Clemency
applications; commission review. Beginning
July 1, 2024, the Clemency Review Commission must begin reviewing applications
for pardons, commutations, and reprieves in accordance with Minnesota Statutes,
chapter 638.
Subd. 6. Application
forms. By July 1, 2024, the
commission must develop application forms in consultation with the board.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 21. REPEALER.
Minnesota Statutes 2022,
sections 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; and 638.08, are
repealed.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 22. EFFECTIVE
DATE.
Sections 1, 2, and 6 to
19 are effective July 1, 2024.
ARTICLE 9
EVIDENCE GATHERING AND REPORTING
Section 1. Minnesota Statutes 2022, section 13A.02, subdivision 1, is amended to read:
Subdivision 1. Access by government. Except as authorized by this chapter, no government authority may have access to, or obtain copies of, or the information contained in, the financial records of any customer from a financial institution unless the financial records are reasonably described and:
(1) the customer has authorized the disclosure;
(2) the financial records are disclosed in response to a search warrant;
(3) the financial records are disclosed in response to a judicial or administrative subpoena;
(4) the financial records are disclosed to law enforcement, a lead investigative agency as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating financial exploitation of a vulnerable adult in response to a judicial subpoena or administrative subpoena under section 388.23; or
(5) the financial records are disclosed pursuant to section 609.527 or 609.535 or other statute or rule.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 2. Minnesota Statutes 2022, section 13A.02, subdivision 2, is amended to read:
Subd. 2. Release prohibited. No financial institution, or officer, employee, or agent of a financial institution, may provide to any government authority access to, or copies of, or the information contained in, the financial records of any customer except in accordance with the provisions of this chapter.
Nothing in this chapter shall require a financial institution to inquire or determine that those seeking disclosure have duly complied with the requirements of this chapter, provided only that the customer authorization, search warrant, subpoena, or written certification pursuant to section 609.527, subdivision 8; 609.535, subdivision 6; 626.557; or other statute or rule, served on or delivered to a financial institution shows compliance on its face.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 3. Minnesota Statutes 2022, section 609.527, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given them in this subdivision.
(b) "Direct victim" means any person or entity described in section 611A.01, paragraph (b), whose identity has been transferred, used, or possessed in violation of this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information or pretense or pretext depicting or including or deceptively similar to the name, logo, website address, email address, postal address, telephone number, or any other identifying information of a for-profit or not-for-profit business or organization or of a government agency, to which the user has no legitimate claim of right.
(d) "Financial
institution" has the meaning given in section 13A.01, subdivision 2.
(e) "Identity" means any name, number, or data transmission that may be used, alone or in conjunction with any other information, to identify a specific individual or entity, including any of the following:
(1) a name, Social Security number, date of birth, official government-issued driver's license or identification number, government passport number, or employer or taxpayer identification number;
(2) unique electronic identification number, address, account number, or routing code; or
(3) telecommunication identification information or access device.
(e) (f) "Indirect
victim" means any person or entity described in section 611A.01, paragraph
(b), other than a direct victim.
(f) (g) "Loss"
means value obtained, as defined in section 609.52, subdivision 1, clause (3),
and expenses incurred by a direct or indirect victim as a result of a violation
of this section.
(g) (h) "Unlawful
activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar law of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle, forgery, fraud, or giving false information to a public official, or any nonfelony violation of a similar law of another state or the United States.
(h) (i) "Scanning
device" means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or
permanently, information encoded on a computer chip or magnetic strip or stripe
of a payment card, driver's license, or state-issued identification card.
(i) (j) "Reencoder"
means an electronic device that places encoded information from the computer
chip or magnetic strip or stripe of a payment card, driver's license, or
state-issued identification card, onto the computer chip or magnetic strip or
stripe of a different payment card, driver's license, or state-issued
identification card, or any electronic medium that allows an authorized
transaction to occur.
(j) (k) "Payment
card" means a credit card, charge card, debit card, or any other card
that:
(1) is issued to an authorized card user; and
(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or anything of value.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 4. Minnesota Statutes 2022, section 609.527, is amended by adding a subdivision to read:
Subd. 8. Release
of limited account information to law enforcement authorities. (a) A financial institution may
release the information described in paragraph (b) to a law enforcement or
prosecuting authority that certifies in writing that it is investigating or
prosecuting a crime of identity theft under this section. The certification must describe with
reasonable specificity the nature of the suspected identity theft that is being
investigated or prosecuted, including the dates of the suspected criminal
activity.
(b) This subdivision applies to
requests for the following information relating to a potential victim's
account:
(1) the name of the
account holder or holders; and
(2) the last known home
address and telephone numbers of the account holder or holders.
(c) A financial
institution may release the information requested under this subdivision that
it possesses within a reasonable time after the request. The financial institution may not impose a
fee for furnishing the information.
(d) A financial
institution is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
(e) Release of limited
account information to a law enforcement agency under this subdivision is
criminal investigative data under section 13.82, subdivision 7, except that
when the investigation becomes inactive the account information remains
confidential data on individuals or protected nonpublic data.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 5. Minnesota Statutes 2022, section 626.14, subdivision 2, is amended to read:
Subd. 2. Definition. For the purposes of this section,
"no-knock search warrant" means a search warrant authorizing peace
officers to enter certain premises without first knocking and loudly
and understandably announcing the officer's presence or purpose and
waiting an objectively reasonable amount of time thereafter for the occupant to
comply, based on a totality of the circumstances, prior to entering the
premises. No-knock search warrants
may also be referred to as dynamic entry warrants.
Sec. 6. Minnesota Statutes 2022, section 626.14, is amended by adding a subdivision to read:
Subd. 2a. No-knock
search warrants. A court may
not issue or approve a no-knock search warrant unless the judge determines that the applicant has
articulated specific, objective facts that establish probable cause for belief
that:
(1) the search cannot be
executed while the premises is unoccupied; and
(2) the occupant or
occupants in the premises present an imminent threat of death or great bodily
harm to the officers executing the warrant or other persons.
Sec. 7. Minnesota Statutes 2022, section 626.14, subdivision 3, is amended to read:
Subd. 3. Requirements for a no-knock search warrant. (a) No peace officer shall seek a no-knock search warrant unless the warrant application includes at a minimum:
(1) all documentation and materials the issuing court requires;
(2) the information specified in paragraph (b); and
(3) a sworn affidavit as provided in section 626.08.
(b) Each warrant application seeking a no-knock entry must include, in detailed terms, the following:
(1) why peace officers are
seeking the use of a no-knock entry and are unable to detain the suspect or
search the residence premises safely through the use of a knock
and announce warrant;
(2) what investigative
activities have taken place to support issuance of the no-knock search warrant,
or why no investigative activity is needed or able to be performed; and
(3) the known or
suspected occupant or occupants of the premises, including the number of
occupants under age 18; and
(3) (4) whether
the warrant can be effectively executed during daylight hours according to
subdivision 1.
(c) The chief law enforcement officer or designee and another superior officer must review and approve each warrant application. The agency must document the approval of both reviewing parties.
(d) A no-knock search warrant shall not be issued when the only crime alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is for other than personal use.
Sec. 8. Minnesota Statutes 2022, section 626.15, is amended to read:
626.15 EXECUTION AND RETURN OF WARRANT; TIME.
(a) Except as provided in paragraph
paragraphs (b) and (c), a search warrant must be executed and
returned to the court which issued it within ten days after its date. After the expiration of this time, the
warrant is void unless previously executed.
(b) A search warrant on a financial institution for financial records is valid for 30 days.
(c) A district court
judge may grant an extension of a warrant on a financial institution for
financial records upon an application under oath stating that the financial
institution has not produced the requested financial records within ten days
the 30-day period and that an extension is necessary to achieve the
purposes for which the search warrant was granted. Each extension may not exceed 30 days.
(d) For the purposes
of this paragraph section, "financial institution" has
the meaning given in section 13A.01, subdivision 2, and "financial
records" has the meaning given in section 13A.01, subdivision 3.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 9. Minnesota Statutes 2022, section 626.21, is amended to read:
626.21 RETURN OF PROPERTY AND SUPPRESSION OF EVIDENCE.
(a) A person
aggrieved by an unlawful search and seizure may move the district court for the
district in which the property was seized or the district court having
jurisdiction of the substantive offense for the return of the property and to
suppress the use, as evidence, of anything so obtained on the ground that:
(1) the property was
illegally seized, or;
(2) the property was
illegally seized without warrant, or;
(3) the warrant is
insufficient on its face, or;
(4) the property seized is
not that described in the warrant, or;
(5) there was not probable
cause for believing the existence of the grounds on which the warrant was
issued, or;
(6) the warrant was illegally
executed, or;
(7) the warrant was
improvidently issued.; or
(8) the warrant was
executed or served in violation of section 626.14.
(b) The judge shall receive evidence on any issue of fact necessary to the decision of the motion. If the motion is granted the property shall be restored unless otherwise subject to lawful detention, and it shall not be admissible in evidence at any hearing or trial. The motion to suppress evidence may also be made in the district where the trial is to be had. The motion shall be made before trial or hearing unless opportunity therefor did not exist or the defendant was not aware of the grounds for the motion, but the court in its discretion may entertain the motion at the trial or hearing.
Sec. 10. [626.5535]
CARJACKING; REPORTING REQUIRED.
Subdivision 1. Definition. For purposes of this section,
"carjacking" means a violation of section 609.247.
Subd. 2. Use
of information collected. (a)
The head of a local law enforcement agency or state law enforcement department
that employs peace officers, as defined in section 626.84, subdivision 1,
paragraph (c), must forward the following carjacking information from the
agency's or department's jurisdiction for the previous year to the commissioner
of public safety by January 15 each year:
(1) the number of
carjacking attempts;
(2) the number of
carjackings;
(3) the ages of the
offenders;
(4) the number of
persons injured in each offense;
(5) the number of
persons killed in each offense; and
(6) weapons used in each
offense, if any.
(b) The commissioner of
public safety must include the data received under paragraph (a) in a separate
carjacking category in the department's annual uniform crime report.
Sec. 11. Minnesota Statutes 2022, section 626A.35, is amended by adding a subdivision to read:
Subd. 2b. Exception;
stolen motor vehicles. (a)
The prohibition under subdivision 1 does not apply to the use of a mobile
tracking device on a stolen motor vehicle when:
(1) the consent of the
owner of the vehicle has been obtained; or
(2) the owner of the
motor vehicle has reported to law enforcement that the vehicle is stolen, and
the vehicle is occupied when the tracking device is installed.
(b) Within 24 hours of a
tracking device being attached to a vehicle pursuant to the authority granted
in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device,
or obtain a search warrant granting approval to continue to use the device in
the investigation.
(c) A peace officer employed by
the agency that attached a tracking device to a stolen motor vehicle must
remove the tracking device if the vehicle is recovered and returned to the
owner.
(d) Any tracking device
evidence collected after the motor vehicle is returned to the owner is
inadmissible.
(e) By August 1, 2024,
and each year thereafter, the chief law enforcement officer of an agency that
obtains a search warrant under paragraph (b), must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search
warrants the agency obtained under this subdivision in the preceding 12 months. The superintendent must provide a summary of
the data received pursuant to this paragraph in the bureau's biennial report to
the legislature required under section 299C.18.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 10
POLICING AND PRIVATE SECURITY
Section 1. Minnesota Statutes 2022, section 13.825, subdivision 2, is amended to read:
Subd. 2. Data classification; court-authorized disclosure. (a) Data collected by a portable recording system are private data on individuals or nonpublic data, subject to the following:
(1) data that record, describe, or otherwise document actions and circumstances surrounding either the discharge of a firearm by a peace officer in the course of duty, if a notice is required under section 626.553, subdivision 2, or the use of force by a peace officer that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are public;
(2) data are public if a subject of the data requests it be made accessible to the public, except that, if practicable, (i) data on a subject who is not a peace officer and who does not consent to the release must be redacted, and (ii) data on a peace officer whose identity is protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) subject to paragraphs (b) to (d), portable recording system data that are active criminal investigative data are governed by section 13.82, subdivision 7, and portable recording system data that are inactive criminal investigative data are governed by this section;
(4) portable recording system data that are public personnel data under section 13.43, subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that classification.
(b) Notwithstanding
section 13.82, subdivision 7, when an individual dies as a result of a use of
force by a peace officer, an involved officer's law enforcement agency must
allow the following individuals, upon their request, to inspect all portable
recording system data, redacted no more than what is required by law,
documenting the incident within five days of the request, subject to paragraphs
(c) and (d):
(1) the deceased
individual's next of kin;
(2) the legal
representative of the deceased individual's next of kin; and
(3) the other parent of
the deceased individual's child.
(c) A law enforcement agency
may deny a request to inspect portable recording system data under paragraph
(b) if the agency determines that there is a compelling reason that inspection
would interfere with an active investigation.
If the agency denies access under this paragraph, the chief law
enforcement officer must provide a prompt, written denial to the individual in
paragraph (b) who requested the data with a short description of the compelling
reason access was denied and must provide notice that relief may be sought from
the district court pursuant to section 13.82, subdivision 7.
(d) When an individual
dies as a result of a use of force by a peace officer, an involved officer's
law enforcement agency shall release all portable recording system data,
redacted no more than what is required by law, documenting the incident no
later than 14 days after the incident, unless the chief law enforcement officer
asserts in writing that the public classification would interfere with an
ongoing investigation, in which case the data remain classified by section
13.82, subdivision 7.
(b) (e) A law
enforcement agency may redact or withhold access to portions of data that are
public under this subdivision if those portions of data are clearly offensive
to common sensibilities.
(c) (f) Section
13.04, subdivision 2, does not apply to collection of data classified by this
subdivision.
(d) (g) Any
person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of
data that are private or nonpublic under this section or to challenge a
determination under paragraph (b) to redact or withhold access to portions of
data because the data are clearly offensive to common sensibilities. The person bringing the action must give
notice of the action to the law enforcement agency and subjects of the data, if
known. The law enforcement agency must
give notice to other subjects of the data, if known, who did not receive the
notice from the person bringing the action.
The court may order that all or part of the data be released to the
public or to the person bringing the action.
In making this determination, the court shall consider whether the
benefit to the person bringing the action or to the public outweighs any harm
to the public, to the law enforcement agency, or to a subject of the data and,
if the action is challenging a determination under paragraph (b), whether the
data are clearly offensive to common sensibilities. The data in dispute must be examined by the
court in camera. This paragraph does not
affect the right of a defendant in a criminal proceeding to obtain access to
portable recording system data under the Rules of Criminal Procedure.
Sec. 2. Minnesota Statutes 2022, section 13.825, subdivision 3, is amended to read:
Subd. 3. Retention of data. (a) Portable recording system data that are not active or inactive criminal investigative data and are not described in paragraph (b) or (c) must be maintained for at least 90 days and destroyed according to the agency's records retention schedule approved pursuant to section 138.17.
(b) Portable recording system data must be maintained for at least one year and destroyed according to the agency's records retention schedule approved pursuant to section 138.17 if:
(1) the data document (i) the discharge of a firearm by a peace officer in the course of duty if a notice is required under section 626.553, subdivision 2, or (ii) the use of force by a peace officer that results in substantial bodily harm; or
(2) a formal complaint is made against a peace officer related to the incident.
(c) Portable recording
system data that document a peace officer's use of deadly force must be
maintained indefinitely.
(d) If a subject of the data submits a written request to the law enforcement agency to retain the recording beyond the applicable retention period for possible evidentiary or exculpatory use related to the circumstances under which the data were collected, the law enforcement agency shall retain the recording for an additional time period requested by the subject of up to 180 days and notify the requester that the recording will then be destroyed unless a new request is made under this paragraph.
(d) (e) Notwithstanding
paragraph (b) or, (c), or (d), a government entity may
retain a recording for as long as reasonably necessary for possible evidentiary
or exculpatory use related to the incident with respect to which the data were
collected.
Sec. 3. Minnesota Statutes 2022, section 214.10, subdivision 10, is amended to read:
Subd. 10. Board
of Peace Officers Standards and Training; receipt of complaint. Notwithstanding the provisions of
subdivision 1 to the contrary, when the executive director or any member of the
Board of Peace Officer Standards and Training produces or receives a written
statement or complaint that alleges a violation of a statute or rule that the
board is empowered to enforce, the executive director shall designate the
appropriate law enforcement agency to investigate the complaint and shall
may order it to conduct an inquiry into the complaint's allegations. The investigating agency must complete the
inquiry and submit a written summary of it to the executive director within 30
days of the order for inquiry.
Sec. 4. Minnesota Statutes 2022, section 326.3311, is amended to read:
326.3311 POWERS AND DUTIES.
The board has the following powers and duties:
(1) to receive and review all applications for private detective and protective agent licenses;
(2) to approve applications for private detective and protective agent licenses and issue, or reissue licenses as provided in sections 326.32 to 326.339;
(3) to deny applications for private detective and protective agent licenses if the applicants do not meet the requirements of sections 326.32 to 326.339; upon denial of a license application, the board shall notify the applicant of the denial and the facts and circumstances that constitute the denial; the board shall advise the applicant of the right to a contested case hearing under chapter 14;
(4) to enforce all laws and
rules governing private detectives and protective agents; and
(5) to suspend or revoke the
license of a license holder or impose a civil penalty on a license holder for
violations of any provision of sections 326.32 to 326.339 or the rules of the
board.;
(6) to investigate and
refer for prosecution all criminal violations by individuals and entities; and
(7) to investigate and
refer for prosecution any individuals and entities operating as private
detectives or protective agents without a license.
Sec. 5. Minnesota Statutes 2022, section 326.336, subdivision 2, is amended to read:
Subd. 2. Identification
card. An identification card must be
issued by the license holder to each employee.
The card must be in the possession of the employee to whom it is issued
at all times. The identification card
must contain the license holder's name, logo (if any), address or Minnesota
office address, and the employee's photograph and physical description. The card must be signed by the employee and
by the license holder, qualified representative, or Minnesota office manager. The card must be presented upon request.
Sec. 6. Minnesota Statutes 2022, section 326.3361, subdivision 2, is amended to read:
Subd. 2. Required contents. The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of employment, or evidence that the employee has successfully completed equivalent training before the start of employment. Notwithstanding any statute or rule to the contrary, this clause is satisfied if the employee provides a prospective employer with a certificate or a copy of a certificate demonstrating that the employee successfully completed this training prior to employment with a different Minnesota licensee and completed this training within three previous calendar years, or successfully completed this training with a Minnesota licensee while previously employed with a Minnesota licensee. The certificate or a copy of the certificate is the property of the employee who completed the training, regardless of who paid for the training or how training was provided. Upon a current or former employee's request, a current or former licensed employer must provide a copy of a certificate demonstrating the employee's successful completion of training to the current or former employee. The current or former licensed employer must not charge the employee a fee for a copy of the certificate. The employee who completed the training is entitled to access a copy of the certificate at no charge according to sections 181.960 to 181.966. A current or former employer must comply with sections 181.960 to 181.966;
(2) certification by the board of completion of certified training for a license holder, qualified representative, Minnesota manager, partner, and employee to carry or use a firearm, a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified representatives, Minnesota managers, partners, and employees, and an additional six hours a year for individuals who are armed with firearms or armed with weapons, which must include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under this subdivision.
Sec. 7. Minnesota Statutes 2022, section 326.3387, subdivision 1, is amended to read:
Subdivision 1. Basis for action. The board may revoke or suspend or refuse to issue or reissue a private detective or protective agent license if:
(1) the license holder violates a provision of sections 326.32 to 326.339 or a rule adopted under those sections;
(2) the license holder has engaged in fraud, deceit, or misrepresentation while in the business of private detective or protective agent;
(3) the license holder has
made a false statement in an application submitted to the board or in a
document required to be submitted to the board; or
(4) the license holder
violates an order of the board; or
(5) the individual or entity previously operated without a license.
Sec. 8. Minnesota Statutes 2022, section 609.066, subdivision 2, is amended to read:
Subd. 2. Use of deadly force. (a) Notwithstanding the provisions of section 609.06 or 609.065, the use of deadly force by a peace officer in the line of duty is justified only if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that such force is necessary:
(1) to protect the peace officer or another from death or great bodily harm, provided that the threat:
(i) can be articulated with
specificity by the law enforcement officer;
(ii) is reasonably likely to occur absent action by the law enforcement officer; and
(iii) must be addressed through the use of deadly force without unreasonable delay; or
(2) to effect the arrest or capture, or prevent the escape, of a person whom the peace officer knows or has reasonable grounds to believe has committed or attempted to commit a felony and the officer reasonably believes that the person will cause death or great bodily harm to another person under the threat criteria in clause (1), items (i) to (iii), unless immediately apprehended.
(b) A peace officer shall not use deadly force against a person based on the danger the person poses to self if an objectively reasonable officer would believe, based on the totality of the circumstances known to the officer at the time and without the benefit of hindsight, that the person does not pose a threat of death or great bodily harm to the peace officer or to another under the threat criteria in paragraph (a), clause (1), items (i) to (iii).
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 9. Minnesota Statutes 2022, section 626.5531, subdivision 1, is amended to read:
Subdivision 1. Reports
required. A peace officer must
report to the head of the officer's department every violation of chapter 609
or a local criminal ordinance if the officer has reason to believe, or if the
victim alleges, that the offender was motivated to commit the act by
was committed in whole or in substantial part because of the victim's actual
or perceived race, color, ethnicity, religion, national origin,
sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03,
or characteristics identified as sexual orientation because of the
victim's actual or perceived association with another person or group of a
certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin,
or disability as defined in section 363A.03. The superintendent of the Bureau of Criminal
Apprehension shall adopt a reporting form to be used by law enforcement
agencies in making the reports required under this section. The reports must include for each incident
all of the following:
(1) the date of the offense;
(2) the location of the offense;
(3) whether the target of the incident is a person, private property, or public property;
(4) the crime committed;
(5) the type of bias and information about the offender and the victim that is relevant to that bias;
(6) any organized group involved in the incident;
(7) the disposition of the case;
(8) whether the determination that the offense was motivated by bias was based on the officer's reasonable belief or on the victim's allegation; and
(9) any additional information the superintendent deems necessary for
the acquisition of accurate and relevant data.
Sec. 10. Minnesota Statutes 2022, section 626.843, is amended by adding a subdivision to read:
Subd. 1c. Rules
governing certain misconduct. No
later than January 1, 2024, the board must adopt rules under chapter 14 that
permit the board to take disciplinary action on a licensee for a violation of a
standard of conduct in Minnesota Rules, chapter 6700, whether or not criminal
charges have been filed and in accordance with the evidentiary standards and
civil processes for boards under chapter 214.
Sec. 11. Minnesota Statutes 2022, section 626.8432, subdivision 1, is amended to read:
Subdivision 1. Grounds for revocation, suspension, or denial. (a) The board may refuse to issue, refuse to renew, refuse to reinstate, suspend, revoke eligibility for licensure, or revoke a peace officer or part-time peace officer license for any of the following causes:
(1) fraud or misrepresentation in obtaining a license;
(2) failure to meet
licensure requirements; or
(3) a violation of
section 626.8436, subdivision 1; or
(4) a violation of the standards of conduct set forth in Minnesota Rules, chapter 6700.
(b) Unless otherwise provided by the board, a revocation or suspension applies to each license, renewal, or reinstatement privilege held by the individual at the time final action is taken by the board. A person whose license or renewal privilege has been suspended or revoked shall be ineligible to be issued any other license by the board during the pendency of the suspension or revocation.
Sec. 12. [626.8436]
HATE OR EXTREMIST GROUPS.
Subdivision 1. Prohibition. (a) A peace officer may not join,
support, advocate for, maintain membership, or participate in the activities
of:
(1) a hate or extremist
group; or
(2) a criminal gang as
defined in section 609.229, subdivision 1.
(b) This section does
not apply when the conduct is sanctioned by the law enforcement agency as part
of the officer's official duties.
Subd. 2. Definitions. (a) "Hate or extremist
group" means a group that, as demonstrated by its official statements or
principles, the statements of its leaders or members, or its activities:
(1) promotes the use of
threats, force, violence, or criminal activity:
(i) against a local,
state, or federal entity, or the officials of such an entity;
(ii) to deprive, or
attempt to deprive, individuals of their civil rights under the Minnesota or
United States Constitution; or
(iii) to achieve goals
that are political, religious, discriminatory, or ideological in nature;
(2) promotes seditious
activities; or
(3) advocates for differences
in the right to vote, speak, assemble, travel, or maintain citizenship based on
a person's perceived race, color, creed, religion, national origin, disability,
sex, sexual orientation, gender identity, public assistance status, or any
protected class as defined in Minnesota Statutes or federal law.
(b) For the purposes of
this section, advocacy, membership, or participation in a hate or extremist
group or criminal gang is demonstrated by:
(1) dissemination of
material that promotes:
(i) the use of threats,
force, violence, or criminal activity;
(ii) seditious
activities; or
(iii) the objectives
described in paragraph (a), clause (3);
(2) engagement in cyber
or social media posts, chats, forums, and other forms of promotion of the
group's activities;
(3) display or use of
insignia, colors, tattoos, hand signs, slogans, or codes associated with the
group;
(4) direct financial or
in-kind contributions to the group;
(5) a physical or cyber
presence in the group's events; or
(6) other conduct that
could reasonably be considered support, advocacy, or participation in the
group's activities.
Sec. 13. Minnesota Statutes 2022, section 626.8451, subdivision 1, is amended to read:
Subdivision 1. Training
course; crimes motivated by bias. (a)
The board must prepare a approve a list of training course
courses to assist peace officers in identifying and,
responding to, and reporting crimes motivated by committed in
whole or in substantial part because of the victim's or another's actual
or perceived race, color, ethnicity, religion, national origin,
sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03,
or characteristics identified as sexual orientation because of the
victim's actual or perceived association with another person or group of a
certain actual or perceived race, color, ethnicity, religion, sex, gender,
sexual orientation, gender identity, gender expression, age, national origin,
or disability as defined in section 363A.03. The course must include material to help
officers distinguish bias crimes from other crimes, to help officers in
understanding and assisting victims of these crimes, and to ensure that bias
crimes will be accurately reported as required under section 626.5531. The course must be updated periodically
board must review the approved courses every three years and update the list
of approved courses as the board, in consultation with communities most
targeted by hate crimes because of their characteristics as described above,
organizations with expertise in providing training on hate crimes, and the
statewide coalition of organizations representing communities impacted by hate
crimes, considers appropriate.
(b) In updating the list
of approved training courses described in paragraph (a), the board must consult
and significantly incorporate input from communities most targeted by hate
crimes because of their characteristics as described in paragraph (a), organizations
with expertise in providing training on hate crimes, and the statewide
coalition of organizations representing communities impacted by hate crimes.
Sec. 14. Minnesota Statutes 2022, section 626.8452, is amended by adding a subdivision to read:
Subd. 1b. Prohibition
against retaliation; employers. (a)
A law enforcement agency shall not discharge, discipline, threaten, retaliate,
otherwise discriminate against, or penalize a peace officer regarding the
officer's compensation, terms, conditions, location, or privileges of
employment because the officer interceded or made a report in compliance with
section 626.8475 or a policy adopted under subdivision 1a regarding another
employee or peace officer who used excessive force.
(b) A court may order
the law enforcement agency to pay back wages and offer job reinstatement to any
officer discharged from employment in violation of paragraph (a).
(c) In addition to any
remedies otherwise provided by law, a peace officer injured by a violation of
paragraph (a) may bring a civil action for recovery of damages together with
costs and disbursements, including reasonable attorney fees, and may receive
injunctive and other equitable relief, including reinstatement, as determined
by the court.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to causes of action occurring
on or after that date.
Sec. 15. Minnesota Statutes 2022, section 626.8452, is amended by adding a subdivision to read:
Subd. 1c. Prohibition
against retaliation; fellow officers.
(a) A peace officer or employee of a law enforcement agency may
not threaten, harass, retaliate, or otherwise discriminate against a peace
officer because the officer interceded or made a report in compliance with
section 626.8475 or a policy adopted under subdivision 1a regarding another
employee or peace officer who used excessive force.
(b) A person who
violates paragraph (a) is subject to disciplinary action as determined by the
chief law enforcement officer of the agency employing the person.
(c) A peace officer who
is the victim of conduct prohibited in paragraph (a) may bring a civil action
for recovery of damages together with costs and disbursements, including
reasonable attorney fees, and may receive injunctive and other equitable relief
as determined by the court.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to causes of action occurring
on or after that date.
Sec. 16. Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision to read:
Subd. 4. Data
to be shared with board. (a)
Upon receiving written notice that the board is investigating any allegation of
misconduct within its regulatory authority, a chief law enforcement officer,
city, county, or public official must cooperate with the board's investigation
and any data request from the board.
(b) Upon written request
from the board that a matter alleging misconduct within its regulatory
authority has occurred regarding a licensed peace officer, a chief law
enforcement officer, city, county, or public official shall provide the board
with all requested public and private data about the alleged misconduct
involving the licensed peace officer, including any pending or final
disciplinary or arbitration proceeding, any settlement or compromise, and any
investigative files including but not limited to body worn camera or other
audio or video files. Confidential data
must only be disclosed when the board specifies that the particular identified
data is necessary to fulfill its investigatory obligation concerning an
allegation of misconduct within its regulatory authority.
(c) If a licensed peace officer
is discharged or resigns from employment after engaging in any conduct that
initiates and results in an investigation of alleged misconduct within the
board's regulatory authority, regardless of whether the licensee was criminally
charged or an administrative or internal affairs investigation was commenced or
completed, a chief law enforcement officer must report the conduct to the board
and provide the board with all public and not public data requested under
paragraph (b). If the conduct involves
the chief law enforcement officer, the overseeing city, county, or public
official must report the conduct to the board and provide the board with all
public and not public data requested under paragraph (b).
(d) Data obtained by the
board shall be classified and governed as articulated in sections 13.03,
subdivision 4, and 13.09, as applicable.
(e) A chief law
enforcement officer, or city, county, or public official is not required to
comply with this subdivision when:
(1) there is an active
criminal investigation or active criminal proceeding regarding the same
incident or misconduct that is being investigated by the board; or
(2) an active internal
investigation exists regarding the same incident or misconduct that is being
investigated by the board during 45 days from the time the request was made by
the board. The chief law enforcement
officer, or city, county, or public official must comply with this subdivision
upon completion of the internal investigation or once 45 days has passed,
whichever occurs first.
Sec. 17. Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision to read:
Subd. 5. Immunity
from liability. A chief law
enforcement officer, city, county, or public official and employees of the law
enforcement agency are immune from civil or criminal liability, including any
liability under chapter 13, for reporting or releasing public or not public
data to the board under subdivisions 3 and 4, unless the chief law enforcement
officer, city, county, or public official or employees of the law enforcement
agency presented false information to the board with the intention of causing
reputational harm to the peace officer.
Sec. 18. Minnesota Statutes 2022, section 626.8469, subdivision 1, is amended to read:
Subdivision 1. In-service
training required. (a) Beginning
July 1, 2018, the chief law enforcement officer of every state and local law
enforcement agency shall provide in-service training in crisis intervention and
mental illness crises; conflict management and mediation; and
recognizing and valuing community diversity and cultural differences to include
implicit bias training; and training to assist peace officers in
identifying, responding to, and reporting incidents committed in whole or in
substantial part because of the victim's actual or perceived race, color,
ethnicity, religion, sex, gender, sexual orientation, gender identity, gender
expression, age, national origin, or disability as defined in section 363A.03,
or because of the victim's actual or perceived association with another person
or group of a certain actual or perceived race, color, ethnicity, religion,
sex, gender, sexual orientation, gender identity, gender expression, age,
national origin, or disability as defined in section 363A.03, to every
peace officer and part-time peace officer employed by the agency. The training shall comply with learning
objectives developed and approved by the board and shall meet board
requirements for board-approved continuing education credit. Every three years the board shall review
the learning objectives and must consult and collaborate with communities most
targeted by hate crimes because of their characteristics as described above,
organizations with expertise in providing training on hate crimes, and the
statewide coalition of organizations representing communities impacted by hate
crimes in identifying appropriate objectives and training courses related to
identifying, responding to, and reporting incidents committed in whole or in
substantial part because of the victim's or another's actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section
363A.03, or because of the victim's actual or perceived association
with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03. The training shall consist of at least 16 continuing education credits within an officer's three-year licensing cycle. Each peace officer with a license renewal date after June 30, 2018, is not required to complete this training until the officer's next full three-year licensing cycle.
(b) Beginning July 1, 2021, the training mandated under paragraph (a) must be provided by an approved entity. The board shall create a list of approved entities and training courses and make the list available to the chief law enforcement officer of every state and local law enforcement agency. Each peace officer (1) with a license renewal date before June 30, 2022, and (2) who received the training mandated under paragraph (a) before July 1, 2021, is not required to receive this training by an approved entity until the officer's next full three-year licensing cycle.
(c) For every peace officer and part-time peace officer with a license renewal date of June 30, 2022, or later, the training mandated under paragraph (a) must:
(1) include a minimum of six hours for crisis intervention and mental illness crisis training that meets the standards established in subdivision 1a; and
(2) include a minimum of four hours to ensure safer interactions between peace officers and persons with autism in compliance with section 626.8474.
Sec. 19. Minnesota Statutes 2022, section 626.8473, subdivision 3, is amended to read:
Subd. 3. Written policies and procedures required. (a) The chief officer of every state and local law enforcement agency that uses or proposes to use a portable recording system must establish and enforce a written policy governing its use. In developing and adopting the policy, the law enforcement agency must provide for public comment and input as provided in subdivision 2. Use of a portable recording system without adoption of a written policy meeting the requirements of this section is prohibited. The written policy must be posted on the agency's website, if the agency has a website.
(b) At a minimum, the written policy must incorporate and require compliance with the following:
(1) the requirements of section 13.825 and other data classifications, access procedures, retention policies, and data security safeguards that, at a minimum, meet the requirements of chapter 13 and other applicable law. The policy must prohibit altering, erasing, or destroying any recording made with a peace officer's portable recording system or data and metadata related to the recording prior to the expiration of the applicable retention period under section 13.825, subdivision 3, except that the full, unedited, and unredacted recording of a peace officer using deadly force must be maintained indefinitely;
(2) mandate that a
portable recording system be worn at or above the mid-line of the waist in a
position that maximizes the recording system's capacity to record video footage
of the officer's activities;
(3) mandate that officers
assigned a portable recording system wear and operate the system in compliance
with the agency's policy adopted under this section while performing law
enforcement activities under the command and control of another chief law enforcement
officer or federal law enforcement official;
(4) mandate that,
notwithstanding any law to the contrary, when an individual dies as a result of
a use of force by a peace officer, an involved officer's law enforcement agency
must allow the following individuals, upon their request, to inspect all portable
recording system data, redacted no more than what is required by law,
documenting the incident within five days of the request, except as otherwise
provided in this clause and clause (5):
(i) the deceased
individual's next of kin;
(ii) the legal representative
of the deceased individual's next of kin; and
(iii) the other parent
of the deceased individual's child.
A law enforcement agency may deny a request
if the agency determines that there is a compelling reason that inspection
would interfere with an active investigation.
If the agency denies access, the chief law enforcement officer must
provide a prompt, written denial to the individual who requested the data with
a short description of the compelling reason access was denied and must provide
notice that relief may be sought from the district court pursuant to section
13.82, subdivision 7;
(5) mandate that, when
an individual dies as a result of a use of force by a peace officer, an
involved officer's law enforcement agency shall release all portable recording
system data, redacted no more than what is required by law, documenting the
incident no later than 14 days after the incident, unless the chief law
enforcement officer asserts in writing that the public classification would
interfere with an ongoing investigation, in which case the data remain
classified by section 13.82, subdivision 7;
(6) procedures for testing the portable recording system to ensure adequate functioning;
(3) (7) procedures
to address a system malfunction or failure, including requirements for
documentation by the officer using the system at the time of a malfunction or
failure;
(4) (8) circumstances
under which recording is mandatory, prohibited, or at the discretion of the
officer using the system;
(5) (9) circumstances
under which a data subject must be given notice of a recording;
(6) (10) circumstances
under which a recording may be ended while an investigation, response, or
incident is ongoing;
(7) (11) procedures
for the secure storage of portable recording system data and the creation of
backup copies of the data; and
(8) (12) procedures
to ensure compliance and address violations of the policy, which must include,
at a minimum, supervisory or internal audits and reviews, and the employee
discipline standards for unauthorized access to data contained in section
13.09.
(c) The board has
authority to inspect state and local law enforcement agency policies to ensure
compliance with this section. The board
may conduct this inspection based upon a complaint it receives about a
particular agency or through a random selection process. The board may impose licensing sanctions and
seek injunctive relief under section 214.11 for an agency's or licensee's
failure to comply with this section.
Sec. 20. [626.8516]
INTENSIVE COMPREHENSIVE PEACE OFFICER EDUCATION TRAINING PROGRAM.
Subdivision 1. Establishment;
title. A program is
established within the Department of Public Safety to fund the intensive
comprehensive law enforcement education and training of two- and four-year
college graduates. The program shall be
known as the intensive comprehensive peace officer education and training
program.
Subd. 2. Purpose. The program is intended to address the
critical shortage of peace officers in the state. The program shall provide a grant to law
enforcement agencies that have developed a plan to recruit, educate, and train
highly qualified two- and four-year college graduates to become
license-eligible peace officers in the state.
Subd. 3. Eligibility
for grant; grant cap. (a) The
chief law enforcement officer of a law enforcement agency may apply to the commissioner
for a grant for the cost of educating, training, and paying an eligible peace
officer candidate until the candidate is licensed by the board as a peace
officer.
(b) The commissioner
must consider all eligible expenses proposed by the chief law enforcement
officer in order to issue a grant to the agency for the actual cost of
educating, training, and paying an eligible candidate up to $50,000.
(c) The commissioner
shall consider geographic diversity in grant distribution based on grant applications
received.
Subd. 4. Forms. The commissioner must prepare the
necessary grant application forms and make the forms available on the agency's
public website no later than December 31, 2023.
Subd. 5. Intensive
education and skills training program.
No later than December 31, 2023, the commissioner, in
consultation with the executive director of the board and the institutions
designated as education providers under subdivision 6, shall develop an
intensive comprehensive law enforcement education and skills training
curriculum that will provide eligible peace officer candidates with the law
enforcement education and skills training needed to be licensed as a peace
officer. The curriculum must be designed
to be completed in eight months or less and shall be offered at the
institutions designated under subdivision 6.
The curriculum may overlap, coincide with, or draw upon existing law
enforcement education and training programs at institutions designated as
education providers under subdivision 6.
The executive director of the board may designate existing law
enforcement education and training programs that are designed to be completed
in eight months or less as intensive comprehensive law enforcement education
and skills training programs for the purposes of this section.
Subd. 6. Education
providers; sites. (a) No
later than October 1, 2023, the Board of Trustees of the Minnesota State
Colleges and Universities shall designate at least two regionally diverse
system campuses to provide the required intensive comprehensive law enforcement
education and skills training to eligible peace officer candidates.
(b) In addition to the
campuses designated under paragraph (a), the commissioner may designate
private, nonprofit postsecondary institutions to provide the required intensive
comprehensive law enforcement education and skills training to eligible peace officer
candidates.
Subd. 7. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b)
"Commissioner" means the commissioner of public safety.
(c) "Eligible peace
officer candidate" means a person who:
(1) has met all of the
hiring requirements to become a peace officer in the state, except for (i)
completing a professional peace officer education program, and (ii) passing the
licensing exam; and
(2) a chief law
enforcement officer has agreed to hire upon completing the training required
under this chapter and passing the licensing exam.
(d) "Law
enforcement agency" has the meaning given in section 626.84, subdivision
1, paragraph (f), clause (1).
(e) "Program"
means the intensive comprehensive peace officer education and training program.
Sec. 21. Minnesota Statutes 2022, section 626.87, is amended by adding a subdivision to read:
Subd. 1a. Background
checks. (a) The law
enforcement agency must request a criminal history background check from the
superintendent of the Bureau of Criminal Apprehension on an applicant for
employment as a licensed peace officer or an applicant for a position leading
to employment as a licensed peace officer within the state of Minnesota to
determine eligibility for licensing. Applicants
must provide, for submission to the superintendent of the Bureau of Criminal
Apprehension:
(1) an executed criminal
history consent form, authorizing the dissemination of state and federal
records to the law enforcement agency and the Board of Peace Officer Standards
and Training and fingerprints; and
(2) a money order or
cashier's check payable to the Bureau of Criminal Apprehension for the fee for
conducting the criminal history background check.
(b) The superintendent
of the Bureau of Criminal Apprehension shall perform the background check
required under paragraph (a) by retrieving criminal history data as defined in
section 13.87 and shall also conduct a search of the national criminal records
repository. The superintendent is
authorized to exchange the applicant's fingerprints with the Federal Bureau of
Investigation to obtain their national criminal history record information. The superintendent must return the results of
the Minnesota and federal criminal history records checks to the law
enforcement agency who is authorized to share with the Board of Peace Officer
Standards and Training to determine if the individual is eligible for licensing
under Minnesota Rules, chapter 6700.
Sec. 22. Minnesota Statutes 2022, section 626.87, subdivision 2, is amended to read:
Subd. 2. Disclosure
of employment information. Upon
request of a law enforcement agency, an employer shall disclose or otherwise
make available for inspection employment information of an employee or former
employee who is the subject of an investigation under subdivision 1 or who
is a candidate for employment with a law enforcement agency in any other
capacity. The request for disclosure
of employment information must be in writing, must be accompanied by an original
authorization and release signed by the employee or former employee, and must
be signed by a sworn peace officer or other an authorized
representative of the law enforcement agency conducting the background
investigation.
Sec. 23. Minnesota Statutes 2022, section 626.87, subdivision 3, is amended to read:
Subd. 3. Refusal
to disclose a personnel record. If
an employer refuses to disclose employment information in accordance with this
section, upon request the district court may issue an ex parte order directing
the disclosure of the employment information.
The request must be made by a sworn peace officer an
authorized representative from the law enforcement agency conducting the
background investigation and must include a copy of the original request
for disclosure made upon the employer or former employer and the authorization
and release signed by the employee or former employee. The request must be signed by the peace
officer person requesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation
is being conducted. It is not necessary
for the request or the order to be filed with the court administrator. Failure to comply with the court order
subjects the person or entity who fails to comply to civil or criminal
contempt of court.
Sec. 24. Minnesota Statutes 2022, section 626.87, subdivision 5, is amended to read:
Subd. 5. Notice
of investigation. Upon initiation of
a background investigation under this section for a person described
in subdivision 1, the law enforcement agency shall give written notice to
the Peace Officer Standards and Training Board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an application for employment. Initiation of a background investigation occurs when the law enforcement agency begins its determination of whether an applicant meets the agency's standards for employment as a law enforcement employee.
Sec. 25. Minnesota Statutes 2022, section 626.89, subdivision 17, is amended to read:
Subd. 17. Civilian
review. (a) As used in this
subdivision, the following terms have the meanings given:
(1) "civilian
oversight council" means a civilian review board, commission, or other
oversight body established by a local unit of government to provide civilian
oversight of a law enforcement agency and officers employed by the agency; and
(2)
"misconduct" means a violation of law, standards promulgated by the
Peace Officer Standards and Training Board, or agency policy.
(b) A local unit of
government may establish a civilian review board, commission, or other
oversight body shall not have council and grant the council the
authority to make a finding of fact or determination regarding a complaint
against an officer or impose and recommend discipline on for
an officer. A civilian review board,
commission, or other oversight body may make a recommendation regarding the
merits of a complaint, however, the recommendation shall be advisory only and
shall not be binding on nor limit the authority of the chief law enforcement
officer of any unit of government.
(c) At the conclusion of
any criminal investigation or prosecution, if any, a civilian oversight council
may conduct an investigation into allegations of peace officer misconduct and
retain an investigator to facilitate an investigation. Subject to other applicable law, a council
may subpoena or compel testimony and documents in an investigation. Upon completion of an investigation, a
council may make a finding of misconduct and recommend appropriate discipline
against peace officers employed by the agency.
A council must submit investigation reports that contain findings of
peace officer misconduct to the chief law enforcement officer and the Peace
Officer Standards and Training Board's complaint committee. A council may also make policy
recommendations to the chief law enforcement officer and the Peace Officer
Standards and Training Board.
(d) The chief law
enforcement officer of a law enforcement agency under the jurisdiction of a
civilian oversight council shall cooperate with the council and facilitate the
council's achievement of its goals. However,
the officer is under no obligation to agree with individual recommendations of
the council and may oppose a recommendation.
If the officer elects to not implement a recommendation that is within
the officer's authority, the officer shall inform the council of the decision
along with the officer's underlying reasons.
(e) Data collected,
created, received, maintained, or disseminated by a civilian oversight council
related to an investigation of a peace officer are personnel data as defined by
section 13.43, subdivision 1, and are governed by that section.
Sec. 26. Minnesota Statutes 2022, section 626.90, subdivision 2, is amended to read:
Subd. 2. Law enforcement agency. (a) The band has the powers of a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements of clauses (1) to (4) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of a law enforcement agency function conferred by this section, to the same extent as a municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity for purposes of claims of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or certificate of insurance for liability coverage with the maximum single occurrence amounts set forth in section 466.04 and an annual cap for all occurrences within a year of three times the single occurrence amount;
(3) the band files with the Board of Peace Officer Standards and Training a certificate of insurance for liability of its law enforcement officers, employees, and agents for lawsuits under the United States Constitution; and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating to data practices of law enforcement agencies.
(b) The band shall may
enter into mutual aid/cooperative agreements with the Mille Lacs County sheriff
under section 471.59 to define and regulate the provision of law enforcement
services under this section. The
agreements must define the trust property involved in the joint powers
agreement.
(c) Only if the
requirements of paragraph (a) are met, the band shall have concurrent
jurisdictional authority under this section with the Mille Lacs County
Sheriff's Department only if the requirements of paragraph (a) are met and
under the following circumstances:
(1) over all persons
in the geographical boundaries of the property held by the United States in
trust for the Mille Lacs Band or the Minnesota Chippewa tribe;
(2) over all Minnesota
Chippewa tribal members within the boundaries of the Treaty of February 22,
1855, 10 Stat. 1165, in Mille Lacs County, Minnesota; and.
(3) concurrent
jurisdiction over any person who commits or attempts to commit a crime in the
presence of an appointed band peace officer within the boundaries of the Treaty
of February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesota.
Sec. 27. Minnesota Statutes 2022, section 626.91, subdivision 2, is amended to read:
Subd. 2. Law enforcement agency. (a) The community has the powers of a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements of clauses (1) to (4) are met:
(1) the community agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of the law enforcement agency powers conferred by this section to the same extent as a municipality under chapter 466, and the community further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from this liability;
(2) the community files with the Board of Peace Officer Standards and Training a bond or certificate of insurance for liability coverage with the maximum single occurrence amounts set forth in section 466.04 and an annual cap for all occurrences within a year of three times the single occurrence amount;
(3) the community files with the Board of Peace Officer Standards and Training a certificate of insurance for liability of its law enforcement officers, employees, and agents for lawsuits under the United States Constitution; and
(4) the community agrees to be subject to section 13.82 and any other laws of the state relating to data practices of law enforcement agencies.
(b) The community shall may
enter into an agreement under section 471.59 with the Redwood County sheriff to
define and regulate the provision of law enforcement services under this
section and to provide for mutual aid and cooperation. If entered, the agreement must
identify and describe the trust property involved in the agreement. For purposes of entering into this agreement,
the community shall be considered a "governmental unit" as that term
is defined in section 471.59, subdivision 1.
Sec. 28. Minnesota Statutes 2022, section 626.91, subdivision 4, is amended to read:
Subd. 4. Peace officers. If the community complies with the requirements set forth in subdivision 2, paragraph (a), the community is authorized to appoint peace officers, as defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace officers employed by the Redwood County sheriff over the persons and the geographic areas described in subdivision 3.
Sec. 29. Minnesota Statutes 2022, section 626.92, subdivision 2, is amended to read:
Subd. 2. Law enforcement agency. (a) The band has the powers of a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers, employees, and agents acting within the scope of their employment or duties arising out of the law enforcement agency powers conferred by this section to the same extent as a municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05, subdivision 7, to waive its sovereign immunity for purposes of claims arising out of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or certificate of insurance for liability coverage with the maximum single occurrence amounts set forth in section 466.04 and an annual cap for all occurrences within a year of three times the single occurrence amount or establishes that liability coverage exists under the Federal Torts Claims Act, United States Code, title 28, section 1346(b), et al., as extended to the band pursuant to the Indian Self-Determination and Education Assistance Act of 1975, United States Code, title 25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate of insurance for liability of its law enforcement officers, employees, and agents for lawsuits under the United States Constitution or establishes that liability coverage exists under the Federal Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended to the band pursuant to the Indian Self-Determination and Education Assistance Act of 1975, United States Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating to data practices of law enforcement agencies.
(b) By July 1, 1998,
The band shall may enter into written mutual aid or cooperative
agreements with the Carlton County sheriff, the St. Louis County sheriff,
and the city of Cloquet under section 471.59 to define and regulate the
provision of law enforcement services under this section. If entered, the agreements must define
the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Sec. 30. Minnesota Statutes 2022, section 626.92, subdivision 3, is amended to read:
Subd. 3. Concurrent
jurisdiction. The band shall have
concurrent jurisdictional authority under this section with the Carlton County
and St. Louis County Sheriffs' Departments over crimes committed within
the boundaries of the Fond du Lac Reservation as indicated by the mutual aid
or cooperative agreements entered into under subdivision 2, paragraph (b), and
any exhibits or attachments to those agreements if the requirements of
subdivision 2, paragraph (a), are met, regardless of whether a cooperative agreement
pursuant to subdivision 2, paragraph (b), is entered into.
Sec. 31. Minnesota Statutes 2022, section 626.93, subdivision 3, is amended to read:
Subd. 3. Concurrent
jurisdiction. If the requirements of
subdivision 2 are met and the tribe enters into a cooperative agreement
pursuant to subdivision 4, the Tribe shall have has
concurrent jurisdictional authority under this section with the local county
sheriff within the geographical boundaries of the Tribe's reservation to
enforce state criminal law.
Sec. 32. Minnesota Statutes 2022, section 626.93, subdivision 4, is amended to read:
Subd. 4. Cooperative
agreements. In order to coordinate,
define, and regulate the provision of law enforcement services and to provide
for mutual aid and cooperation, governmental units and the Tribe shall may
enter into agreements under section 471.59.
For the purposes of entering into these agreements, the Tribe shall
be is considered a "governmental unit" as that term is
defined in section 471.59, subdivision 1.
Sec. 33. Laws 1961, chapter 108, section 1, as amended by Laws 1969, chapter 604, section 1, and Laws 1978, chapter 580, section 1, is amended to read:
Sec. 1. MINNEAPOLIS,
CITY OF; POLICE DEPARTMENT.
Notwithstanding any
provisions of the Minneapolis city charter, veterans' preference, or civil
service law, rule, or regulation to the contrary, the superintendent of police
of the city of Minneapolis shall after the effective date of this act have the
title and be designated as chief of police of the city of Minneapolis and may
appoint three deputy chiefs of police, five inspectors of police,
the supervisor of the morals and narcotics section, the supervisor of the
internal affairs unit, and the supervisor of license inspection, such personnel
to be appointed from among the members of the Minneapolis police department
holding at least the rank of patrolman patrol officer.
EFFECTIVE DATE. This
section is effective the day after the governing body of the city of
Minneapolis and its chief clerical officer comply with Minnesota Statutes,
section 645.021, subdivisions 2 and 3.
Sec. 34. REPEALER.
Minnesota Statutes 2022,
section 626.93, subdivision 7, is repealed.
ARTICLE 11
CORRECTIONS POLICY
Section 1. Minnesota Statutes 2022, section 169A.276, subdivision 1, is amended to read:
Subdivision 1. Mandatory prison sentence. (a) The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first‑degree driving while impaired) to imprisonment for not less than three years. In addition, the court may order the person to pay a fine of not more than $14,000.
(b) The court may stay execution of this mandatory sentence as provided in subdivision 2 (stay of mandatory sentence), but may not stay imposition or adjudication of the sentence or impose a sentence that has a duration of less than three years.
(c) An offender committed to
the custody of the commissioner of corrections under this subdivision is not
eligible for release as provided in section 241.26, 244.065, 244.12, or 244.17,
unless the offender has successfully completed a chemical dependency
treatment program while in prison treatment recommendations as
determined by a comprehensive substance use disorder assessment while
incarcerated.
(d) Notwithstanding the statutory maximum sentence provided in section 169A.24 (first-degree driving while impaired), when the court commits a person to the custody of the commissioner of corrections under this subdivision, it shall provide that after the person has been released from prison the commissioner shall place the person on conditional release for five years. The commissioner shall impose any conditions of release that the commissioner deems appropriate including, but not limited to, successful completion of an intensive probation program as described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders). If the person fails to comply with any condition of release, the commissioner may revoke the person's conditional release and order the person to serve all or part of the remaining portion of the conditional release term in prison. The commissioner may not dismiss the person from supervision before the conditional release term expires. Except as otherwise provided in this section, conditional release is governed by provisions relating to supervised release. The failure of a court to direct the commissioner of corrections to place the person on conditional release, as required in this paragraph, does not affect the applicability of the conditional release provisions to the person.
(e) The commissioner shall
require persons placed on supervised or conditional release under this
subdivision to pay as much of the costs of
the supervision as possible. The
commissioner shall develop appropriate standards for this.
Sec. 2. Minnesota Statutes 2022, section 241.01, subdivision 3a, is amended to read:
Subd. 3a. Commissioner, powers and duties. The commissioner of corrections has the following powers and duties:
(a) To accept persons committed to the commissioner by the courts of this state for care, custody, and rehabilitation.
(b) To determine the place of confinement of committed persons in a correctional facility or other facility of the Department of Corrections and to prescribe reasonable conditions and rules for their employment, conduct, instruction, and discipline within or outside the facility. After July 1, 2023, the commissioner shall not allow inmates who have not been conditionally released from prison, whether on parole, supervised release, work release, or an early release program, to be housed in correctional facilities that are not owned and operated by the state, a local unit of government, or a group of local units of government. Inmates shall not exercise custodial functions or have authority over other inmates.
(c) To administer the money and property of the department.
(d) To administer, maintain, and inspect all state correctional facilities.
(e) To transfer authorized positions and personnel between state correctional facilities as necessary to properly staff facilities and programs.
(f) To utilize state correctional facilities in the manner deemed to be most efficient and beneficial to accomplish the purposes of this section, but not to close the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud without legislative approval. The commissioner may place juveniles and adults at the same state minimum security correctional facilities, if there is total separation of and no regular contact between juveniles and adults, except contact incidental to admission, classification, and mental and physical health care.
(g) To organize the department and employ personnel the commissioner deems necessary to discharge the functions of the department, including a chief executive officer for each facility under the commissioner's control who shall serve in the unclassified civil service and may, under the provisions of section 43A.33, be removed only for cause.
(h) To define the duties of these employees and to delegate to them any of the commissioner's powers, duties and responsibilities, subject to the commissioner's control and the conditions the commissioner prescribes.
(i) To annually develop a comprehensive set of goals and objectives designed to clearly establish the priorities of the Department of Corrections. This report shall be submitted to the governor commencing January 1, 1976. The commissioner may establish ad hoc advisory committees.
(j) To publish,
administer, and award grant contracts with state agencies, local units of
government, and other entities for correctional programs embodying
rehabilitative concepts, for restorative programs for crime victims and the
overall community, and for implementing legislative directives.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2022, section 241.021, subdivision 1d, is amended to read:
Subd. 1d. Public notice of restriction, revocation, or suspension. If the license of a facility under this section is revoked or suspended, or use of the facility is restricted for any reason under a conditional license order, or a correction order is issued to a facility, the commissioner shall post the facility, the status of the facility's license, and the reason for the correction order, restriction, revocation, or suspension publicly and on the department's website.
Sec. 4. Minnesota Statutes 2022, section 241.021, subdivision 2a, is amended to read:
Subd. 2a. Affected
municipality; notice. The
commissioner must not issue grant a license without giving 30 calendar
days' written notice to any affected municipality or other political
subdivision unless the facility has a licensed capacity of six or fewer persons
and is occupied by either the licensee or the group foster home parents. The notification must be given before the license
is first issuance of a license granted and annually after
that time if annual notification is requested in writing by any affected
municipality or other political subdivision.
State funds must not be made available to or be spent by an agency or
department of state, county, or municipal government for payment to a foster
care facility licensed under subdivision 2 until the provisions of this
subdivision have been complied with in full.
Sec. 5. Minnesota Statutes 2022, section 241.021, subdivision 2b, is amended to read:
Subd. 2b. Licensing; facilities; juveniles from outside state. The commissioner may not:
(1) issue grant
a license under this section to operate a correctional facility for the
detention or confinement of juvenile offenders if the facility accepts
juveniles who reside outside of Minnesota without an agreement with the entity
placing the juvenile at the facility that obligates the entity to pay the
educational expenses of the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile.
Sec. 6. Minnesota Statutes 2022, section 241.021, is amended by adding a subdivision to read:
Subd. 4e. Language
access. The commissioner of
corrections shall take reasonable steps to provide meaningful access to limited
English proficient (LEP) individuals incarcerated, detained, or supervised by
the Department of Corrections. The
commissioner shall develop written policy and annual training to implement
language access for LEP individuals.
Sec. 7. [241.0215]
JUVENILE DETENTION FACILITIES; RESTRICTIONS ON STRIP SEARCHES AND DISCIPLINE.
Subdivision 1. Applicability. This section applies to juvenile
facilities licensed by the commissioner of corrections under section 241.021,
subdivision 2.
Subd. 2. Definitions. (a) As used in this section, the
following terms have the meanings given.
(b) "Health care
professional" means an individual who is licensed or permitted by a
Minnesota health-related licensing board, as defined in section 214.01,
subdivision 2, to perform health care services in Minnesota within the
professional's scope of practice.
(c) "Strip
search" means a visual inspection of a juvenile's unclothed breasts,
buttocks, or genitalia.
Subd. 3. Searches
restricted. (a) A staff
person working in a facility may not conduct a strip search unless:
(1) a specific,
articulable, and immediate contraband concern is present;
(2) other search
techniques and technology cannot be used or have failed to identify the
contraband; and
(3) the facility's chief
administrator or designee has reviewed the situation and approved the strip
search.
(b) A strip search must
be conducted by:
(1) a health care
professional; or
(2) a staff person
working in a facility who has received training on trauma-informed search
techniques and other applicable training under Minnesota Rules, chapter 2960.
(c) A strip search must
be documented in writing and describe the contraband concern, summarize other
inspection techniques used or considered, and verify the approval from the
facility's chief administrator or, in the temporary absence of the chief administrator,
the staff person designated as the person in charge of the facility. A copy of the documentation must be provided
to the commissioner within 24 hours of the strip search.
(d) Nothing in this
section prohibits or limits a strip search as part of a health care procedure
conducted by a health care professional.
Subd. 4. Discipline
restricted. (a) A staff
person working in a facility may not discipline a juvenile by physically or
socially isolating the juvenile.
(b) Nothing in this
subdivision restricts a facility from isolating a juvenile for the juvenile's
safety, staff safety, or the safety of other facility residents when the
isolation is consistent with rules adopted by the commissioner.
Subd. 5. Commissioner
action. The commissioner may
take any action authorized under section 241.021, subdivisions 2 and 3, to
address a violation of this section.
Subd. 6. Report. (a) By February 15 each year, the
commissioner must report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety
finance and policy on the use of strip searches and isolation.
(b) The report must
consist of summary data from the previous calendar year and must, at a minimum,
include:
(1) how often strip
searches were performed;
(2) how often juveniles
were isolated;
(3) the length of each
period of isolation used and, for juveniles isolated in the previous year, the
total cumulative amount of time that the juvenile was isolated that year; and
(4) any injury to a
juvenile related to a strip search or isolation, or both, that was reportable
as a critical incident.
(c) Data in the report
must provide information on the demographics of juveniles who were subject to a
strip search and juveniles who were isolated.
At a minimum, data must be disaggregated by age, race, and gender.
(d) The report must
identify any facility that performed a strip search or used isolation, or both,
in a manner that did not comply with this section or rules adopted by the
commissioner in conformity with this section.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 8. Minnesota Statutes 2022, section 241.025, subdivision 1, is amended to read:
Subdivision 1. Authorization. The commissioner of corrections may
appoint peace officers, as defined in section 626.84, subdivision 1, paragraph
(c), who shall serve in the classified service subject to the provisions of
section 43A.01, subdivision 2, and establish a law enforcement agency, as
defined in section 626.84, subdivision 1, paragraph (f), known as the
Department of Corrections Fugitive Apprehension Unit, to perform the duties
necessary to make statewide arrests under sections 629.30 and 629.34. The jurisdiction of the law enforcement
agency is limited to primarily the arrest of Department of
Corrections' discretionary and statutory released violators and Department of
Corrections' escapees and this must be its primary focus. The Department of Corrections Fugitive
Apprehension Unit may respond to a law enforcement agency's request to exercise
general law enforcement duties during the course of official duties by carrying
out law enforcement activities at the direction of the law enforcement agency
of jurisdiction. In addition, the unit
may investigate criminal offenses in agency-operated correctional facilities
and surrounding property.
Sec. 9. Minnesota Statutes 2022, section 241.025, subdivision 2, is amended to read:
Subd. 2. Limitations. The initial processing of a person
arrested by the fugitive apprehension unit for an offense within the
agency's jurisdiction is the responsibility of the fugitive apprehension
unit unless otherwise directed by the law enforcement agency with primary
jurisdiction. A subsequent investigation
is the responsibility of the law enforcement agency of the jurisdiction in
which a new crime is committed unless the law enforcement agency
authorizes the fugitive apprehension unit to assume the subsequent
investigation. At the request of
the primary jurisdiction, the fugitive apprehension unit may assist in
subsequent investigations or law enforcement efforts being carried out by the
primary jurisdiction. Persons arrested
for violations that the fugitive apprehension unit determines are not within
the agency's jurisdiction must be referred to the appropriate local law
enforcement agency for further investigation or disposition.
Sec. 10. Minnesota Statutes 2022, section 241.025, subdivision 3, is amended to read:
Subd. 3. Policies. The fugitive apprehension unit must
develop and file all policies required under state law for law enforcement
agencies. The fugitive apprehension unit
also must develop a policy for contacting law enforcement agencies in a city or
county before initiating any fugitive surveillance, investigation, or
apprehension within the city or county. These
policies must be filed with the board of peace officers standards and training
by November 1, 2000. Revisions of
any of these policies must be filed with the board within ten days of the
effective date of the revision. The
Department of Corrections shall train all of its peace officers regarding the
application of these policies.
Sec. 11. [241.252]
FREE COMMUNICATION SERVICES FOR INCARCERATED PERSONS.
Subdivision 1. Free
communication services. (a) A
state adult or juvenile facility under the control of the commissioner of
corrections must provide incarcerated persons with voice communication services. A facility may supplement voice communication
services with other communication services, including but not limited to video
communication and email or electronic messaging services. A facility must at least continue to offer
the services the facility offered as of January 1, 2023.
(b) To the extent that
voice communication services are provided, which must not be limited beyond
program participation and routine facility policies and procedures, neither the
individual initiating the communication nor the individual receiving the communication
must be charged for the service.
Subd. 2. Voice
communication services restrictions.
Nothing in this section allows an incarcerated person to violate
an active protection order, harassment restraining order, or other no-contact
order or directive.
Subd. 3. State
revenue prohibited. A state
agency must not receive revenue from the provision of voice communication
services or any other communication services under this section, but an agency
may collect commissions on communication services provided under any contract
entered into before January 1, 2023.
Subd. 4. Visitation programs. (a) Facilities shall maintain in-person visits for incarcerated persons, and communication services must not be used to replace a facility's in-person visitation program.
(b) Notwithstanding
paragraph (a), the commissioner may waive the in-person visitation program
requirement under this subdivision if there is:
(1) a declared emergency
under section 12.31; or
(2) a local-, state-, or
federal-declared natural disaster.
Subd. 5. Reporting. The Department of Corrections must
include the following information covering the previous calendar year in its
annual performance report required under section 241.016:
(1) its efforts to
renegotiate the agency's communication contracts, including the rates the
agency is paying or charging incarcerated people or community members for any
and all services in the contracts;
(2) a complete and
detailed accounting of how legislatively appropriated funds for communication
services are spent, including spending on expenses previously covered by
commissions; and
(3) data on usage of all
communication services, including monthly call and message volume.
Subd. 6. Definitions. For the purposes of this section, the
following terms have the meanings given:
(1) "voice
communications" means real-time, audio-only communication services, namely
phone calls made over wireline telephony, voice over Internet protocol, or any
other technology infrastructure; and
(2) "other
communication services" means communication services other than voice
communications, including but not limited to video calls and electronic
messages.
Sec. 12. Minnesota Statutes 2022, section 241.90, is amended to read:
241.90 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS; FUNCTION.
The Office of Ombudsperson
for the Department of Corrections is hereby created. The ombudsperson shall serve at the
pleasure of be appointed by the governor in the unclassified service,
and may be removed only for just cause.
The ombudsperson shall be selected without regard to political
affiliation, and shall be a person highly competent and qualified to analyze
questions of law, administration, and public policy. No person may serve as ombudsperson while
holding any other public office. The
ombudsperson for corrections shall be accountable to the governor and shall
have the authority to investigate decisions, acts, and other matters of the
Department of Corrections so as to promote the highest attainable standards of
competence, efficiency, and justice in the administration of corrections.
Sec. 13. Minnesota Statutes 2022, section 242.18, is amended to read:
242.18 STUDY OF OFFENDER'S BACKGROUND; REHABILITATION.
(a) When a person has been committed to the commissioner of corrections, the commissioner under rules shall forthwith cause the person to be examined and studied, and investigate all of the pertinent circumstances of the person's life and the antecedents of the crime or other delinquent conduct because of which the person has been committed to the commissioner, and thereupon order the treatment the commissioner determines to be most conducive to rehabilitation. Except as authorized in paragraph (b), persons convicted of crimes shall not be detained in institutions for adjudicated delinquents, nor shall delinquent children be detained in institutions for persons convicted of crimes. The court and the prosecuting and police authorities and other public officials shall make available to the commissioner of corrections all pertinent data in their possession in respect to the case.
(b) Upon review of
safety considerations and the treatment and programming needs of a juvenile
convicted of a crime, the commissioner may commit the juvenile to the facility
that best meets rehabilitative needs.
Sec. 14. Minnesota Statutes 2022, section 243.1606, is amended to read:
243.1606 ADVISORY COUNCIL ON INTERSTATE ADULT OFFENDER SUPERVISION.
Subdivision 1. Membership. The Advisory Council on Interstate Adult
Offender Supervision consists shall be combined with the State
Advisory Council for the Interstate Compact for Juveniles established by
section 260.515 and consist of the following individuals or their
designees:
(1) the governor;
(2) the chief justice of the supreme court;
(3) two senators, one from the majority and the other from the minority party, selected by the Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party, selected by the house speaker;
(5) the compact administrator, selected as provided in section 243.1607;
(6) a representative
from the Department of Human Services regarding the Interstate Compact for the
Placement of Children;
(6) (7) the
executive director of the Office of Justice Programs in the Department of
Public Safety; and
(8) the deputy compact
administrator as defined in section 260.515;
(9) a representative
from the State Public Defender's Office;
(10) a representative
from the Minnesota County Attorney's Association;
(11) a representative
from the Minnesota Sheriff's Association;
(12) a representative
from the Minnesota Association of County Probation Officers;
(13) a representative
from the Minnesota Association of Community Corrections Act Counties;
(14) a representative
from the community at large;
(15) a representative
from a community organization working with victims of crimes; and
(7) (16) other
members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
Subd. 2. Duties. The council shall oversee and administer
the state's participation in the compact both compacts described
in section sections 243.1605 and 260.515. The council shall appoint the compact
administrator as the state's commissioner.
In addition to these duties, the council shall develop a model policy
concerning the operations and procedures of the compact within the state.
Subd. 3. Annual
report. By March 1 of each year, the
council shall report to the governor and the chairs and ranking minority
members of the senate and house of representatives committees having
jurisdiction over criminal justice policy on its activities along with
providing a copy of the annual report published by the national commission that
includes the activities of the interstate commission and executive committee as
described in section 243.1605 for the preceding year. The council's annual report must also
include information required of the State Advisory Council for the Interstate
Compact for Juveniles as described in Article IV in section 260.515.
Subd. 4. Expiration; expenses. The provisions of section 15.059 apply to the council.
Sec. 15. [243.1609]
INTERSTATE ADULT OFFENDER TRANSFER TRANSPORTATION EXPENSES.
Subject to the amount of
money appropriated for this purpose, the commissioner of corrections may
reimburse sheriffs for transportation expenses related to the return of
probationers to the state who are being held in custody under section 243.1605. Reimbursement shall be based on a fee
schedule agreed to by the Department of Corrections and the Minnesota Sheriffs'
Association. The required return to the
state of a probationer in custody as a
result of a nationwide warrant
issued pursuant to the Interstate Compact for Adult Supervision shall be
arranged and supervised by the sheriff of the county in which the court
proceedings are to be held and at the expense of the state as provided for in this
section. This expense offset is not
applicable to the transport of individuals from pickup locations within 250
miles of the office of the sheriff arranging and supervising the offender's
return to the state.
Sec. 16. Minnesota Statutes 2022, section 243.58, is amended to read:
243.58 ESCAPED INMATES; WARRANT; REWARD ISSUING WARRANT FOR
ESCAPED INMATE OR CONVICTED DEFENDANT.
If an inmate escapes from any state correctional facility under the control of the commissioner of corrections, the commissioner shall issue a warrant directed to any peace officer requiring that the fugitive be taken into immediate custody and returned to any state correctional facility designated by the commissioner. The commissioner may also issue such a warrant when a convicted defendant fails to report postsentencing to their county authority or to a state correctional facility. The chief executive officer of the facility from which the escape occurred shall use all proper means to apprehend and return the escapee, which may include the offer of a reward of not more than $100 to be paid from the state treasury, for information leading to the arrest and return to custody of the escapee.
Sec. 17. [243.95]
PRIVATE PRISON CONTRACTS PROHIBITED.
(a) The commissioner may
not contract with privately owned and operated prisons for the care, custody,
and rehabilitation of inmates committed to the custody of the commissioner.
(b) Notwithstanding
section 43A.047, nothing in this section prohibits the commissioner from
contracting with privately owned residential facilities, such as halfway
houses, group homes, work release centers, or treatment facilities, to provide
for the care, custody, and rehabilitation of inmates who have been released
from prison under section 241.26, 244.05, 244.0513, 244.065, or 244.172, or any
other form of supervised or conditional release.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 18. Minnesota Statutes 2022, section 244.05, subdivision 6, is amended to read:
Subd. 6. Intensive
supervised release. (a) The
commissioner may order that an inmate be placed on intensive supervised release
for:
(1) all or part of
the inmate's supervised release or parole term if the commissioner
determines that the action will further the goals described in section 244.14,
subdivision 1, clauses (2), (3), and (4).
In addition, the commissioner may order that an inmate be placed on
intensive supervised release for; or
(2) all of the
inmate's conditional or supervised release term if the inmate was:
(i) convicted of a sex offense under section 609.342, 609.343, 609.344, 609.345, or 609.3453; or
was (ii) sentenced
under the provisions of section 609.3455, subdivision 3a.
(b) The commissioner shall
must order that all level III predatory offenders be placed on intensive
supervised release for the entire supervised release, conditional release, or
parole term.
(b) (c) The
commissioner may impose appropriate conditions of release on the an
inmate, including but not limited to:
(1) unannounced
searches by an intensive supervision agent of the inmate's person,
vehicle, premises, computer, or other electronic devices capable of accessing
the Internet by an intensive supervision agent;
(2) compliance with court-ordered restitution, if any;
(3) random drug testing;
(4) house arrest;
(5) daily curfews;
(6) frequent face-to-face contacts with an assigned intensive supervision agent;
(7) work, education, or treatment requirements; and
(8) electronic surveillance.
In addition, any (d)
A sex offender placed on intensive supervised release may be ordered to
participate in an appropriate sex offender program as a condition of release.
(e) If electronic
surveillance is directed for an inmate on intensive supervised release, the
commissioner must require that until electronic surveillance is activated:
(1) the inmate be kept in custody; or
(2) the inmate's
intensive supervision agent, or the agent's designee, directly supervise the
inmate.
(f) Before being released from custody or the direct supervision of an intensive supervision agent, an inmate placed on electronic surveillance must ensure that:
(1) the inmate's residence is properly equipped to support electronic surveillance; and
(2) the inmate's telecommunications system is properly configured to support electronic surveillance.
(g) An inmate who fails
to comply with paragraph (f) may be found in violation of the inmate's
conditions of release after a revocation hearing.
(c) (h) As a
condition of release for an inmate required to register under section 243.166
who is placed on intensive supervised release under this subdivision, the
commissioner shall prohibit the inmate from accessing, creating, or maintaining
a personal web page, profile, account, password, or user name username
for: (1) a social networking website, or (2) an instant messaging or
chat room program, any of which permits persons under the age of 18 to
become a member or to create or maintain a personal web page.
(i) An intensive supervised
release supervision agent may modify the prohibition described in
this under paragraph (h) if doing so does:
(1) the modification would not jeopardize public safety; and
(2) the modification is specifically described and agreed to in advance by the agent.
(d) (j) If the
an inmate violates the conditions of the intensive supervised
release, the commissioner shall may impose sanctions as provided
in subdivision 3 and section 609.3455.
Sec. 19. Minnesota Statutes 2022, section 244.05, subdivision 8, is amended to read:
Subd. 8. Conditional
medical and epidemic release. (a)
Notwithstanding subdivisions 4 and 5, the commissioner may order that any
offender an inmate be placed on conditional medical release before the
offender's their scheduled supervised release date or target release
date if:
(1) the offender
inmate suffers from a grave illness or medical condition; and
(2) the release poses no threat to the public.
(b) If there is an epidemic of any potentially fatal infectious or contagious disease in the community or in a state correctional facility, the commissioner may also release an inmate to home confinement before the inmate's scheduled supervised release date or target release date if:
(1) the inmate has a medical condition or state of health that would make the inmate particularly vulnerable to the disease; and
(2) release to home
confinement poses no threat to the public.
In making the decision
to (c) When deciding whether to release an offender on this
status inmate according to this subdivision, the commissioner must
consider:
(1) the offender's
inmate's age and medical condition, the health care needs of
the offender, the offender's and custody classification and
level of risk of violence,;
(2) the appropriate
level of community supervision,; and
(3) alternative
placements that may be available for the offender inmate.
(d) An inmate may
not be released under this provision subdivision unless the
commissioner has determined that the inmate's health costs are likely to be
borne by:
(1) the inmate; or
(2) medical
assistance, Medicaid, veteran's benefits, or by any other federal or
state medical assistance programs or by the inmate.
Conditional medical
release is governed by provisions relating to supervised release except that it
may be rescinded (e) The commissioner may rescind conditional medical
release without a hearing by the commissioner if the offender's
commissioner considers that the inmate's medical condition improves
has improved to the extent that the continuation of the conditional
medical release presents a more serious risk to the public.:
(1) the illness or
condition is no longer grave or can be managed by correctional health care
options; or
(2) the epidemic that
precipitated release has subsided or effective vaccines or other treatments
have become available.
(f) Release under this
subdivision may also be revoked in accordance with subdivisions 2 and 3 if the
inmate violates any conditions of release imposed by the commissioner.
Sec. 20. Minnesota Statutes 2022, section 244.0513, subdivision 2, is amended to read:
Subd. 2. Conditional release of certain nonviolent controlled substance offenders. An offender who has been committed to the commissioner's custody may petition the commissioner for conditional release from prison before the offender's scheduled supervised release date or target release date if:
(1) the offender is serving a sentence for violating section 152.021, subdivision 2 or 2a; 152.022, subdivision 2; 152.023, subdivision 2; 152.024; or 152.025;
(2) the offender committed
the crime as a result of a controlled substance addiction use
disorder;
(3) the offender has served at least:
(i) 18 months or one-half of the offender's term of imprisonment, whichever is less, if the offense for which the offender is seeking conditional release is a violation of section 152.024 or 152.025; or
(ii) 36 months or one-half of the offender's term of imprisonment, whichever is less, if the offense for which the offender is seeking conditional release is a violation of section 152.021, subdivision 2 or 2a, 152.022, subdivision 2, or 152.023, subdivision 2;
(4) the offender
successfully completed a substance use disorder treatment program of the
type described in this section while in prison treatment recommendations
as determined by a comprehensive substance use disorder assessment while
incarcerated;
(5) the offender has not previously been conditionally released under this section; and
(6) the offender has not within the past ten years been convicted or adjudicated delinquent for a violent crime as defined in section 609.1095 other than the current conviction for the controlled substance offense.
Sec. 21. Minnesota Statutes 2022, section 244.0513, subdivision 4, is amended to read:
Subd. 4. Substance use disorder treatment program components. (a) The substance use disorder treatment program described in subdivisions 2 and 3 must:
(1) contain a highly
structured daily schedule for the offender;
(2) contain individualized
educational programs designed to improve the basic educational skills of the
offender and to provide vocational training, if appropriate individual
or group counseling or both to help the offender identify and address needs
related to substance use and develop strategies to avoid harmful substance use
after discharge and to help the offender obtain the services necessary to
establish a lifestyle free of the harmful effects of substance use disorder;
(3) contain programs designed to promote the offender's self-worth and the offender's acceptance of responsibility for the consequences of the offender's own decisions;
(4) be licensed by the
Department of Human Services and designed to serve the inmate population;
and
(5) require that each
offender submit to a chemical use assessment substance use disorder
assessment and that the offender receive the appropriate level of treatment
as indicated by the assessment.
(b) The commissioner shall
may expel from the substance use disorder treatment program any offender
who:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any criminal offense while in the program; or
(3) presents any risk to other inmates based on the offender's behavior or attitude.
Sec. 22. Minnesota Statutes 2022, section 244.171, subdivision 4, is amended to read:
Subd. 4. Sanctions. (a) The commissioner shall impose severe and meaningful sanctions for violating the conditions of the challenge incarceration program. The commissioner shall remove an offender from the challenge incarceration program if the offender:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of alcohol or controlled substances. The removal of an offender from the challenge incarceration program is governed by the procedures in the commissioner's rules adopted under section 244.05, subdivision 2.
(b) An offender who is removed from the challenge incarceration program shall be imprisoned for a time period equal to the offender's term of imprisonment, minus earned good time if any, but in no case for longer than the time remaining in the offender's sentence. "Term of imprisonment" means a time period equal to two-thirds of the sentence originally executed by the sentencing court, minus jail credit, if any.
(c) Notwithstanding
paragraph (b), an offender who has been removed from the challenge
incarceration program but who remains otherwise eligible for acceptance into
the program may be readmitted at the commissioner's discretion. An offender readmitted to the program under
this paragraph must participate from the beginning and complete all of the
program's phases.
Sec. 23. Minnesota Statutes 2022, section 244.172, subdivision 1, is amended to read:
Subdivision 1. Phase
I. Phase I of the program lasts at
least six months. The offender must be
confined at the Minnesota Correctional Facility - Willow River/Moose Lake or,
the Minnesota Correctional Facility - Togo, or the Minnesota Correctional
Facility - Shakopee and must successfully participate in all intensive
treatment, education, and work programs required by the commissioner. The offender must also submit on demand to
random drug and alcohol testing at time intervals set by the commissioner. Throughout phase I, the commissioner must
severely restrict the offender's telephone and visitor privileges.
Sec. 24. Minnesota Statutes 2022, section 260.515, is amended to read:
260.515 INTERSTATE COMPACT FOR JUVENILES.
The Interstate Compact for Juveniles is enacted into law and entered into with all other states legally joining in it in substantially the following form:
ARTICLE I
PURPOSE
The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents, and status offenders who are on probation or parole and who have absconded, escaped, or run away from supervision and control and in so doing have endangered their own safety and the safety of others. The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence. The compacting states also recognize that Congress, by enacting the Crime Control Act, United States Code, title 4, section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.
It is the purpose of this compact, through means of joint and cooperative action among the compacting states to:
(A) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state;
(B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected;
(C) return juveniles who have run away, absconded, or escaped from supervision or control or have been accused of an offense to the state requesting their return;
(D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services;
(E) provide for the effective tracking and supervision of juveniles;
(F) equitably allocate the costs, benefits, and obligations of the compact states;
(G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders;
(H) insure immediate notice to jurisdictions where defined juvenile offenders are authorized to travel or to relocate across state lines;
(I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact;
(J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of compact activities to heads of state; executive, judicial, and legislative branches; and juvenile criminal justice administrators;
(K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct noncompliance;
(L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and
(M) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision, and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise.
It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the information of public policies and therefore are public business. Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact. The provisions of this compact shall be reasonably and liberally construed to accomplish the purpose and policies of the compact.
ARTICLE II
DEFINITIONS
As used in this compact, unless the context clearly requires a different construction:
A. "Bylaws" means those bylaws established by the commission for its governance, or for directing or controlling its actions or conduct.
B. "Compact administrator" means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact.
C. "Compacting state" means any state which has enacted the enabling legislation for this compact.
D. "Commissioner" means the voting representative of each compacting state appointed pursuant to Article III of this compact.
E. "Court" means any court having jurisdiction over delinquent, neglected, or dependent children.
F. "Deputy compact administrator" means the individual, if any, in each compacting state appointed to act on behalf of a compact administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission, and policies adopted by the state council under this compact.
G. "Interstate Commission" means the Interstate Commission for Juveniles created by Article III of this compact.
H. "Juvenile" means any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:
(1) accused delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;
(2) adjudicated delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;
(3) accused status offender - a person charged with an offense that would not be a criminal offense if committed by an adult;
(4) adjudicated status offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and
(5) nonoffender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.
I. "Noncompacting state" means any state which has not enacted the enabling legislation for this compact.
J. "Probation" or "parole" means any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.
K. "Rule" means a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.
L. "State" means a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas.
ARTICLE III
INTERSTATE COMMISSION FOR JUVENILES
A. The compacting states hereby create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states. The commission shall have all the responsibilities, powers, and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
B. The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Advisory Council for Interstate Supervision of Juvenile Offenders and Runaways created hereunder. The commissioner shall be the compact administrator. The commissioner of corrections or the commissioner's designee shall serve as the compact administrator, who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.
C. In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact on the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims. All noncommissioner members of the Interstate Commission shall be ex-officio (nonvoting) members. The Interstate Commission may provide in its bylaws for such additional ex-officio (nonvoting) members, including members of other national organizations, in such numbers as shall be determined by the commission.
D. Each compacting state represented at any meeting of the commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.
E. The commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
F. The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of
rulemaking and/or amendment to the compact. The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administer enforcement and compliance with the provisions of the compact, its bylaws, and rules; and perform such other duties as directed by the Interstate Commission or set forth in the bylaws.
G. Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person and shall not delegate a vote to another compacting state. However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.
H. The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.
I. Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:
1. relate solely to the Interstate Commission's internal personnel practices and procedures;
2. disclose matters specifically exempted from disclosure by statute;
3. disclose trade secrets or commercial or financial information which is privileged or confidential;
4. involve accusing any person of a crime or formally censuring any person;
5. disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
6. disclose investigative records compiled for law enforcement purposes;
7. disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;
8. disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity;
9. specifically relate to the Interstate Commission's issuance of a subpoena or its participation in a civil action or other legal proceeding.
J. For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
K. The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.
ARTICLE IV
POWERS AND DUTIES OF THE INTERSTATE COMMISSION
The commission shall have the following powers and duties:
1. To provide for dispute resolution among compacting states.
2. To promulgate rules to affect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compact states to the extent and in the manner provided in this compact.
3. To oversee, supervise, and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.
4. To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.
5. To establish and maintain offices which shall be located within one or more of the compacting states.
6. To purchase and maintain insurance and bonds.
7. To borrow, accept, hire, or contract for services of personnel.
8. To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
9. To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.
10. To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.
11. To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.
12. To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.
13. To establish a budget, make expenditures, and levy dues as provided in Article VIII of this compact.
14. To sue and be sued.
15. To adopt a seal and bylaws governing the management and operation of the Interstate Commission.
16. To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
17. To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
18. To coordinate education, training, and public awareness regarding the interstate movement of juveniles for officials involved in such activity.
19. To establish uniform standards of the reporting, collecting, and exchanging of data.
20. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.
ARTICLE V
ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION
Section A. Bylaws.
1. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
a. establishing the fiscal year of the Interstate Commission;
b. establishing an executive committee and such other committees as may be necessary;
c. provide: (i) for the establishment of committees, and (ii) governing any general or specific delegation of any authority or function of the Interstate Commission;
d. providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;
e. establishing the titles and responsibilities of the officers of the Interstate Commission;
f. providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment and/or reserving of all of its debts and obligations;
g. providing "start-up" rules for initial administration of the compact;
h. establishing standards and procedures for compliance and technical assistance in carrying out the compact.
Section B. Officers and staff.
1. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chair and a vice-chair, each of whom shall have such authority and duties as may be specified in the bylaws. The chair or, in the chair's absence or disability, the vice-chair shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budget funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission.
2. The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
Section C. Qualified immunity, defense, and indemnification.
1. The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
2. The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.
3. The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant has a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.
4. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.
ARTICLE VI
RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
1. The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
2. Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, page 1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court. All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.
3. When promulgating a rule, the Interstate Commission shall, at a minimum:
a. publish the proposed rule's entire text stating the reasons for that proposed rule;
b. allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record, and be made publicly available;
c. provide an opportunity for an informal hearing if petitioned by ten or more persons; and
d. promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
4. The Interstate Commission shall allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside. For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model (State) Administrative Procedures Act.
5. If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
6. The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this act shall be null and void 12 months after the first meeting of the Interstate Commission created hereunder.
7. Upon determination by the Interstate Commission that a state of emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
ARTICLE VII
OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION
BY THE INTERSTATE COMMISSION
Section A. Oversight.
1. The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
2. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules. All courts shall take judicial notice of the compact and the rules. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
3. The compact administrator shall assess and collect fines, fees, and costs from any state or local entity deemed responsible by the compact administrator for a default as determined by the Interstate Commission under Article XI.
Section B. Dispute resolution.
1. The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
2. The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
3. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.
ARTICLE VIII
FINANCE
1. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state, and shall promulgate a rule binding upon all compacting states which governs said assessment.
3. The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
4. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
5. Minnesota's annual assessment shall not exceed $30,000. The Interstate Compact for Juveniles fund is established as a special fund in the Department of Corrections. The fund consists of money appropriated for the purpose of meeting financial obligations imposed on the state as a result of Minnesota's participation in this compact. An assessment levied or any other financial obligation imposed under this compact is effective against the state only to the extent that money to pay the assessment or meet the financial obligation has been appropriated and deposited in the fund established in this paragraph.
ARTICLE IX
THE STATE ADVISORY COUNCIL
Each member state shall
create a State Advisory Council for the Interstate Compact for Juveniles. The Advisory Council on the Interstate
Compact for Juveniles consists shall be combined with the Advisory
Council on Interstate Adult Offender Supervision established by section
243.1606 and consist of the following individuals or their designees:
(1) the governor;
(2) the chief justice of the Supreme Court;
(3) two senators, one from the majority and the other from the minority party, selected by the Subcommittee on Committees of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the other from the minority party, selected by the house speaker;
(5) a representative from the Department of Human Services regarding the Interstate Compact for the Placement of Children;
(6) the compact administrator, selected as provided in Article III;
(7) the executive director of the Office of Justice Programs or designee;
(8) the deputy compact
administrator; and
(9) a representative from
the State Public Defender's Office;
(10) a representative
from the Minnesota County Attorney's Association;
(11) a representative
from the Minnesota Sheriff's Association;
(12) a representative
from the Minnesota Association of County Probation Officers;
(13) a representative
from the Minnesota Association of Community Corrections Act Counties;
(14) a representative
from the community at large;
(15) a representative
from a community organization working with victims of crimes; and
(9) (16) other
members as appointed by the commissioner of corrections.
The council may elect a chair from among its members.
The council shall oversee and administer the state's participation in the compact as described in Article III. The council shall appoint the compact administrator as the state's commissioner.
The state advisory council will advise and exercise advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including, but not limited to, development of policy concerning operations and procedures of the compact within that state.
Expiration; expenses. The provisions of section 15.059 apply to the council except that it does not expire.
ARTICLE X
COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
1. Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.
2. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.
3. The Interstate Commission may propose amendments to the compact for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
ARTICLE XI
WITHDRAWAL, DEFAULT, TERMINATION, AND JUDICIAL ENFORCEMENT
Section A. Withdrawal.
1. Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact specifically repealing the statute, which enacted the compact into law.
2. The effective date of withdrawal is the effective date of the repeal.
3. The withdrawing state shall immediately notify the chair of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.
4. The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
5. Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
Section B. Technical assistance, fines, suspension, termination, and default.
1. If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
a. remedial training and technical assistance as directed by the Interstate Commission;
b. alternative dispute resolution;
c. fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;
d. suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice, or the chief judicial officer of the state; the majority and minority leaders of the defaulting state's legislature; and the state council. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default. The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.
2. Within 60 days of the effective date of termination of a defaulting state, the commission shall notify the governor, the chief justice or chief judicial officer, the majority and minority leaders of the defaulting state's legislature, and the state council of such termination.
3. The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
4. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
5. Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
Section C. Judicial enforcement.
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney fees.
Section D. Dissolution of compact.
1. The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
2. Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
ARTICLE XII
SEVERABILITY AND CONSTRUCTION
1. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of this compact shall be enforceable.
2. The provisions of this compact shall be liberally constructed to effectuate its purposes.
ARTICLE XIII
BINDING EFFECT OF COMPACT AND OTHER LAWS
Section A. Other laws.
1. Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
2. All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
Section B. Binding effect of the compact.
1. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting state.
2. All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
3. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning of interpretation.
4. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Sec. 25. Minnesota Statutes 2022, section 260B.176, is amended by adding a subdivision to read:
Subd. 1a. Risk-assessment
instrument. (a) If a peace
officer, probation officer, or parole officer who takes a child into custody
does not release the child according to subdivision 1, the officer must
communicate with or deliver the child to a juvenile secure detention facility
to determine whether the child should be released or detained.
(b) To determine whether
a child should be released or detained, a facility's supervisor must use an
objective and racially, ethnically, and gender-responsive juvenile detention
risk-assessment instrument developed by the commissioner of corrections, county,
group of counties, or judicial district, in consultation with the state
coordinator or coordinators of the Minnesota Juvenile Detention Alternative
Initiative.
(c) The risk-assessment
instrument must:
(1) assess the
likelihood that a child released from preadjudication detention under this
section or section 260B.178 would endanger others or not return for a court
hearing;
(2) identify the
appropriate setting for a child who might endanger others or not return for a
court hearing pending adjudication, with either continued detention or
placement in a noncustodial community-based supervision setting; and
(3) identify the type of
noncustodial community-based supervision setting necessary to minimize the risk
that a child who is released from custody will endanger others or not return
for a court hearing.
(d) If, after using the
instrument, a determination is made that the child should be released, the
person taking the child into custody or the facility supervisor must release
the child according to subdivision 1.
EFFECTIVE DATE. This
section is effective August 15, 2023.
Sec. 26. Minnesota Statutes 2022, section 299A.41, subdivision 4, is amended to read:
Subd. 4. Public safety officer. "Public safety officer" includes:
(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d);
(2) a correction officer employed at a correctional facility and charged with maintaining the safety, security, discipline, and custody of inmates at the facility;
(3) a corrections staff
person working in a public agency and supervising offenders in the community as
defined in sections 243.05, subdivision 6; 244.19, subdivision 1; and 401.01,
subdivision 2;
(3) (4) an
individual employed on a full-time basis by the state or by a fire department
of a governmental subdivision of the state, who is engaged in any of the
following duties:
(i) firefighting;
(ii) emergency motor vehicle operation;
(iii) investigation into the cause and origin of fires;
(iv) the provision of emergency medical services; or
(v) hazardous material responder;
(4) (5) a
legally enrolled member of a volunteer fire department or member of an
independent nonprofit firefighting corporation who is engaged in the hazards of
firefighting;
(5) (6) a
good samaritan while complying with the request or direction of a public safety
officer to assist the officer;
(6) (7) a
reserve police officer or a reserve deputy sheriff while acting under the
supervision and authority of a political subdivision;
(7) (8) a
driver or attendant with a licensed basic or advanced life-support
transportation service who is engaged in providing emergency care;
(8) (9) a
first responder who is certified by the emergency medical services regulatory
board to perform basic emergency skills before the arrival of a licensed
ambulance service and who is a member of an organized service recognized by a
local political subdivision to respond to medical emergencies to provide
initial medical care before the arrival of an ambulance; and
(9) (10) a
person, other than a state trooper, employed by the commissioner of public
safety and assigned to the State Patrol, whose primary employment duty is
either Capitol security or the enforcement of commercial motor vehicle laws and
regulations.
Sec. 27. Minnesota Statutes 2022, section 629.292, subdivision 2, is amended to read:
Subd. 2. Procedure on receipt of request. The request shall be delivered to the commissioner of corrections or other official designated by the commissioner having custody of the prisoner, who shall forthwith:
(a) (1) certify
the term of commitment under which the prisoner is being held, the time already
served on the sentence, the time remaining to be served, the good time earned,
the time of parole eligibility of the prisoner, and any decisions of the
commissioner of corrections relating to the prisoner; and
(b) (2) send
by registered or certified mail, return receipt requested, one copy of the
request and certificate to the court and one copy to the prosecuting attorney
to whom it is addressed.; and
(3) send by e-filing and
e-serving the paperwork, one copy of the request to the court and one copy to
the prosecuting attorney to whom it is addressed.
Sec. 28. [641.015]
PLACEMENT IN PRIVATE PRISONS PROHIBITED.
Subdivision 1. Placement
prohibited. After August 1,
2023, a sheriff shall not allow inmates committed to the custody of the sheriff
who are not on probation, work release, or some other form of approved release
status to be housed in facilities that are not owned and operated by a local government,
or a group of local units of government.
Subd. 2. Contracts
prohibited. (a) Except as
provided in paragraph (b), the county board may not authorize the sheriff to
contract with privately owned and operated prisons for the care, custody, and
rehabilitation of offenders committed to the custody of the sheriff.
(b) Nothing in this
section prohibits a county board from contracting with privately owned
residential facilities, such as halfway houses, group homes, work release
centers, or treatment facilities, to provide for the care, custody, and
rehabilitation of offenders who are on probation, work release, or some other
form of approved release status.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 29. Minnesota Statutes 2022, section 641.15, subdivision 2, is amended to read:
Subd. 2. Medical aid. Except as provided in section 466.101, the county board shall pay the costs of medical services provided to prisoners pursuant to this section. The amount paid by the county board for a medical service shall not exceed the maximum allowed medical assistance payment rate for the service, as determined by the commissioner of human services. In the absence of a health or medical insurance or health plan that has a contractual obligation with the provider or the prisoner, medical providers shall charge no higher than the rate negotiated between the county and the provider. In the absence of an agreement between the county and the provider, the provider may not charge an amount that exceeds the maximum allowed medical assistance payment rate for the service, as determined by the commissioner of human services. The county is entitled to reimbursement from the prisoner for payment of medical bills to the extent that the prisoner to whom the medical aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur co-payment obligations for health care services provided by a county correctional facility. The county board shall determine the co-payment amount. Notwithstanding any law to the contrary, the co-payment shall be deducted from any of the prisoner's funds held by the county, to the extent possible. If there is a disagreement between the county and a prisoner concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall determine the extent, if any, of the prisoner's ability to pay for the medical services. If a prisoner is covered by health or medical insurance or other health plan when medical services are provided, the medical provider shall bill that health or medical insurance or other plan. If the county providing the medical services for a prisoner that has coverage under health or medical
insurance or other plan, that
county has a right of subrogation to be reimbursed by the insurance carrier for
all sums spent by it for medical services to the prisoner that are covered by
the policy of insurance or health plan, in accordance with the benefits,
limitations, exclusions, provider restrictions, and other provisions of the
policy or health plan. The county may
maintain an action to enforce this subrogation right. The county does not have a right of
subrogation against the medical assistance program. The county shall not charge prisoners for
telephone calls to MNsure navigators, the Minnesota Warmline, a mental health
provider, or calls for the purpose of providing case management or mental
health services as defined in section 245.462 to prisoners.
Sec. 30. Minnesota Statutes 2022, section 641.155, is amended to read:
641.155 DISCHARGE PLANS; OFFENDERS WITH SERIOUS AND PERSISTENT
MENTAL ILLNESS.
Subdivision 1. Discharge
plans. The commissioner of
corrections shall develop and distribute a model discharge planning
process for every offender with a serious and persistent mental illness, as
defined in section 245.462, subdivision 20, paragraph (c), who has been
convicted and sentenced to serve three or more months and is being released
from a county jail or county regional jail.
The commissioner may specify different model discharge plans for
prisoners who have been detained pretrial and prisoners who have been sentenced
to jail. The commissioner must consult
best practices and the most current correctional health care standards from
national accrediting organizations. The
commissioner must review and update the model process as needed.
Subd. 2. Discharge
plans for people with serious and persistent mental illnesses. An offender A person with a
serious and persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), who has been convicted and sentenced to serve
three or more months and is being released from a county jail or county
regional jail shall be referred to the appropriate staff in the county human
services department at least 60 days before being released. The county human services department may
carry out provisions of the model discharge planning process such as must
complete a discharge plan with the prisoner no less than 14 days before release
that may include:
(1) providing assistance in filling out an application for medical assistance or MinnesotaCare;
(2) making a referral for case management as outlined under section 245.467, subdivision 4;
(3) providing assistance in obtaining a state photo identification;
(4) securing a timely appointment with a psychiatrist or other
appropriate community mental health providers; and
(5) providing prescriptions for a 30-day supply of all necessary medications.
Subd. 3. Reentry
coordination programs. A
county may establish a program to provide services and assist prisoners with
reentering the community. Reentry
services may include but are not limited to:
(1) providing assistance
in meeting the basic needs of the prisoner immediately after release, including
but not limited to provisions for transportation, clothing, food, and shelter;
(2) providing assistance
in filling out an application for medical assistance or MinnesotaCare;
(3) providing assistance
in obtaining a state photo identification;
(4) providing assistance
in obtaining prescriptions for all necessary medications;
(5) coordinating services with
the local county services agency or the social services agency in the county
where the prisoner is a resident; and
(6) coordinating services
with a community mental health or substance use disorder provider.
Sec. 31. MENTAL
HEALTH UNIT PILOT PROGRAM.
(a) The commissioner of
corrections shall establish a pilot program with interested counties to provide
mental health care to individuals with serious and persistent mental illness
who are incarcerated in county jails. The
pilot program must require the participating counties to pay according to
Minnesota Statutes, section 243.51, a per diem for reimbursement of the Mental
Health Unit at the Minnesota Correctional Facility - Oak Park Heights, and
other costs incurred by the Department of Corrections.
(b) The commissioner in
consultation with the Minnesota Sheriffs' Association shall develop program
protocols, guidelines, and procedures and qualifications for participating
counties and incarcerated individuals to be treated in the Mental Health Unit. The program is limited to a total of five
incarcerated individuals from the participating counties at any one time. Incarcerated individuals must volunteer to be
treated in the unit and be able to participate in programming with other
incarcerated individuals.
(c) The Minnesota
Correctional Facility - Oak Park Heights warden, director of psychology, and
associate director of behavioral health, or a designee of each, in consultation
with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
on Mental Illness, and the Department of Human Services, shall oversee the
pilot program.
(d) On November 15, 2024,
the warden shall submit a report to the chairs and ranking minority members of
the legislative committees and divisions with jurisdiction over corrections
describing the protocols, guidelines, and procedures for participation in the
pilot program by counties and incarcerated individuals, challenges with
staffing, cost sharing with counties, capacity of the program, services
provided to the incarcerated individuals, program outcomes, concerns regarding
the program, and recommendations for the viability of a long-term program.
(e) The pilot program
expires November 16, 2024.
Sec. 32. REVISED
FACILITY PLANS.
The commissioner of
corrections must direct any juvenile facility licensed by the commissioner to
revise its plan under Minnesota Rules, part 2960.0270, subpart 6, and its
restrictive-procedures plan under Minnesota Rules, part 2960.0710, subpart 2,
to be consistent with Minnesota Statutes, section 241.0215. After receiving notice from the commissioner,
a facility must submit the revised plans to the commissioner within 60 days.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 33. REGIONAL
AND COUNTY JAILS; STUDY AND REPORT.
Subdivision 1. Study. The commissioner of corrections must
study and make recommendations on the consolidation or merger of county jails
and alternatives to incarceration for persons experiencing mental health
disorders. The commissioner must engage
and solicit feedback from citizens who live in communities served by facilities
that may be impacted by the commissioner's recommendations for the
consolidation or merger of jails. The
commissioner must consult with the following individuals on the study and
recommendations:
(1) county sheriffs;
(2) county and city
attorneys who prosecute offenders;
(3) chief law enforcement
officers;
(4) administrators of
county jail facilities; and
(5) district court
administrators.
Each party receiving a request for
information from the commissioner under this section shall provide the
requested information in a timely manner.
Subd. 2. Report. The commissioner of corrections must
file a report with the chairs and ranking minority members of the senate and
house of representatives committees and divisions with jurisdiction over public
safety and capital investment on the study and recommendations under
subdivision 1 on or before December 1, 2024.
The report must, at a minimum, provide the following information:
(1) the daily average
number of offenders incarcerated in each county jail facility:
(i) who are in pretrial
detention;
(ii) who cannot afford to
pay bail;
(iii) for failure to pay
fines and fees;
(iv) for offenses that
stem from controlled substance addiction or mental health disorders;
(v) for nonfelony
offenses;
(vi) who are detained
pursuant to contracts with other authorities; and
(vii) for supervised
release and probation violations;
(2) the actual cost of
building a new jail facility, purchasing another facility, or repairing a
current facility;
(3) the age of current
jail facilities;
(4) county population
totals and trends;
(5) county crime rates
and trends;
(6) the proximity of
current jails to courthouses, probation services, social services, treatment
providers, and work-release employment opportunities;
(7) specific recommendations for alternatives to incarceration for
persons experiencing mental health disorders; and
(8) specific
recommendations on the consolidation or merger of county jail facilities and
operations, including:
(i) where consolidated
facilities should be located;
(ii) which counties are
best suited for consolidation;
(iii) the projected costs
of construction, renovation, or purchase of the facility; and
(iv) the projected cost
of operating the facility.
Subd. 3. Evaluation. The commissioner, in consultation with
the commissioner of management and budget, must evaluate the need of any
capital improvement project that requests an appropriation of state capital
budget money during an odd-numbered year to construct a jail facility or for
capital improvements to expand the number of incarcerated offenders at an
existing jail facility. The commissioner
shall use the report under subdivision 2 to inform the evaluation. The commissioner must submit all evaluations
under this subdivision by January 15 of each even-numbered year to the chairs
and ranking minority members of the senate and house of representatives
committees and divisions with jurisdiction over public safety and capital
investment on the study and recommendations under this subdivision.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 34. RULEMAKING.
(a) The commissioner of
corrections must amend Minnesota Rules, chapter 2960, to enforce the
requirements under Minnesota Statutes, section 241.0215, including but not
limited to training, facility audits, strip searches, disciplinary room time,
time-outs, and seclusion. The
commissioner may amend the rules to make technical changes and ensure
consistency with Minnesota Statutes, section 241.0215.
(b) In amending or
adopting rules according to paragraph (a), the commissioner must use the exempt
rulemaking process under Minnesota Statutes, section 14.386. Notwithstanding Minnesota Statutes, section
14.386, paragraph (b), a rule adopted under this section is permanent. After the rule is adopted, the authorization
to use the exempt rulemaking process expires.
(c) Notwithstanding
Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and 60, or any
other law to the contrary, the joint rulemaking authority with the commissioner
of human services does not apply to rule amendments applicable only to the Department
of Corrections. A rule that is amending
jointly administered rule parts must be related to requirements on strip
searches, disciplinary room time, time-outs, and seclusion and be necessary for
consistency with this section.
EFFECTIVE DATE. This
section is effective January 1, 2024.
Sec. 35. REPEALER.
Minnesota Statutes 2022,
sections 244.14; and 244.15, are repealed.
ARTICLE 12
MINNESOTA REHABILITATION AND REINVESTMENT ACT
Section 1. Minnesota Statutes 2022, section 244.03, is amended to read:
244.03 REHABILITATIVE PROGRAMS.
Subdivision 1. Commissioner
responsibility. (a) For
individuals committed to the commissioner's authority, the commissioner shall
provide appropriate mental health programs and vocational and educational programs
with employment-related goals for inmates.
The selection, design and implementation of programs under this section
shall be the sole responsibility of the commissioner, acting within the
limitations imposed by the funds appropriated for such programs. must
develop, implement, and provide, as appropriate:
(1) substance use
disorder treatment programs;
(2) sexual offender
treatment programming;
(3) domestic abuse programming;
(4) medical and mental
health services;
(5) spiritual and
faith-based programming;
(6) culturally responsive
programming;
(7) vocational,
employment and career, and educational programming; and
(8) other rehabilitative
programs.
(b) While evidence-based programs must be prioritized, selecting, designing, and implementing programs under this section are the sole responsibility of the commissioner, acting within the limitations imposed by the funds appropriated for the programs under this section.
Subd. 2. Challenge prohibited. No action challenging the level of expenditures for rehabilitative programs authorized under this section, nor any action challenging the selection, design, or implementation of these programs, including employee assignments, may be maintained by an inmate in any court in this state.
Subd. 3. Disciplinary
sanctions. The commissioner may
impose disciplinary sanctions upon on any inmate who refuses to
participate in rehabilitative programs.
Sec. 2. Minnesota Statutes 2022, section 244.05, subdivision 1b, is amended to read:
Subd. 1b. Supervised
release; offenders inmates who commit crimes on or after August
1, 1993. (a) Except as provided in
subdivisions 4 and 5, every inmate sentenced to prison for a felony offense
committed on or after August 1, 1993, shall serve a supervised release term
upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any
disciplinary rule adopted by the commissioner or refusal to participate in a
rehabilitative program required under section 244.03. The amount of time the inmate serves on
supervised release shall be is equal in length to the amount
of time remaining in to one-third of the inmate's fixed
executed sentence after the inmate has served the term of imprisonment and
any disciplinary confinement period imposed by the commissioner, less
any disciplinary confinement period imposed by the commissioner and regardless
of any earned incentive release credit applied toward the individual's term of
imprisonment under section 244.44.
(b) No inmate who violates a
disciplinary rule or refuses to participate in a rehabilitative program as
required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary
sanction or until the inmate is discharged or released from punitive segregation
restrictive-housing confinement, whichever is later. The imposition of a disciplinary confinement
period shall be considered to be a disciplinary sanction imposed upon an inmate,
and the procedure for imposing the disciplinary confinement period and the
rights of the inmate in the procedure shall be those in effect for the
imposition of other disciplinary sanctions at each state correctional
institution.
(c) For purposes of this
subdivision, "earned incentive release credit" has the meaning given
in section 244.41, subdivision 7.
Sec. 3. [244.40]
MINNESOTA REHABILITATION AND REINVESTMENT ACT.
Sections 244.40 to 244.51
may be cited as the "Minnesota Rehabilitation and Reinvestment Act."
Sec. 4. [244.41]
DEFINITIONS.
Subdivision 1. Scope. For purposes of the act, the terms
defined in this section have the meanings given.
Subd. 2. Act. "Act" means the Minnesota
Rehabilitation and Reinvestment Act.
Subd. 3. Commissioner. "Commissioner" means the
commissioner of corrections.
Subd. 4. Correctional
facility. "Correctional
facility" means a state facility under the direct operational authority of
the commissioner but does not include a commissioner-licensed local detention
facility.
Subd. 5. Direct-cost
per diem. "Direct-cost
per diem" means the actual nonsalary expenditures, including encumbrances
as of July 31 following the end of the fiscal year, from the Department of
Corrections expense budgets for food preparation; food provisions; personal
support for incarcerated persons, including clothing, linen, and other personal
supplies; transportation; and professional technical contracted health care
services.
Subd. 6. Earned
compliance credit. "Earned
compliance credit" means a one-month reduction from the period during
active supervision of the supervised release term for every two months that a
supervised individual exhibits compliance with the conditions and goals of the
individual's supervision plan.
Subd. 7. Earned
incentive release credit. "Earned
incentive release credit" means credit that is earned and included in
calculating an incarcerated person's term of imprisonment for completing
objectives established by their individualized rehabilitation plan under
section 244.42.
Subd. 8. Earned
incentive release savings. "Earned
incentive release savings" means the calculation of the direct-cost per
diem multiplied by the number of incarcerated days saved for the period of one
fiscal year.
Subd. 9. Executed
sentence. "Executed
sentence" means the total period for which an incarcerated person is
committed to the custody of the commissioner.
Subd. 10. Incarcerated
days saved. "Incarcerated
days saved" means the number of days of an incarcerated person's original
term of imprisonment minus the number of actual days served, excluding days not
served due to death or as a result of time earned in the challenge incarceration
program under sections 244.17 to 244.173.
Subd. 11. Incarcerated
person. "Incarcerated
person" has the meaning given "inmate" in section 244.01,
subdivision 2.
Subd. 12. Supervised
release. "Supervised
release" means the release of an incarcerated person according to section
244.05.
Subd. 13. Supervised
release term. "Supervised
release term" means the period equal to one-third of the individual's
fixed executed sentence, less any disciplinary confinement period or punitive
restrictive-housing confinement imposed under section 244.05, subdivision 1b.
Subd. 14. Supervision
abatement status. "Supervision
abatement status" means an end to active correctional supervision of a
supervised individual without effect on the legal expiration date of the
individual's executed sentence less any earned incentive release credit.
Subd. 15. Term
of imprisonment. "Term
of imprisonment" has the meaning given in section 244.01, subdivision 8.
Sec. 5. [244.42]
COMPREHENSIVE ASSESSMENT AND INDIVIDUALIZED REHABILITATION PLAN REQUIRED.
Subdivision 1. Comprehensive
assessment. (a) The
commissioner must develop a comprehensive assessment process for each person
who:
(1) is committed to the
commissioner's custody and confined in a state correctional facility on or
after January 1, 2025; and
(2) has 365 or more days
remaining until the person's scheduled supervised release date or parole
eligibility date.
(b) As part of the
assessment process, the commissioner must take into account appropriate
rehabilitative programs under section 244.03.
Subd. 2. Individualized
rehabilitation plan. After
completing the assessment process, the commissioner must ensure the development
of an individualized rehabilitation plan, along with identified goals, for
every person committed to the commissioner's custody. The individualized rehabilitation plan must
be holistic in nature by identifying intended outcomes for addressing:
(1) the incarcerated
person's needs and risk factors;
(2) the person's
identified strengths; and
(3) available and needed
community supports, including victim safety considerations as required under
section 244.47, if applicable.
Subd. 3. Victim
input. (a) If an individual
is committed to the commissioner's custody for a crime listed in section
609.02, subdivision 16, the commissioner must make reasonable efforts to notify
a victim of the opportunity to provide input during the assessment and
rehabilitation plan process. Victim
input may include:
(1) a summary of victim
concerns relative to release;
(2) concerns related to
victim safety during the committed individual's term of imprisonment; or
(3) requests for
imposing victim safety protocols as additional conditions of imprisonment or
supervised release.
(b) The commissioner
must consider all victim input statements when developing an individualized
rehabilitation plan and establishing conditions governing confinement or
release.
Subd. 4. Transition
and release plan. For an
incarcerated person with less than 365 days remaining until the person's
supervised release date, the commissioner, in consultation with the
incarcerated person, must develop a transition and release plan.
Subd. 5. Scope
of act. This act is separate
and distinct from other legislatively authorized release programs, including
the challenge incarceration program, work release, conditional medical release,
or the program for the conditional release of nonviolent controlled substance
offenders.
Sec. 6. [244.43]
EARNED INCENTIVE RELEASE CREDIT.
Subdivision 1. Policy
for earned incentive release credit; stakeholder consultation. (a) To encourage and support
rehabilitation when consistent with the public interest and public safety, the
commissioner must establish a policy providing for earned incentive release
credit as a part of the term of imprisonment.
The policy must be established in consultation with the following
organizations:
(1) Minnesota County
Attorneys Association;
(2) Minnesota Board of
Public Defense;
(3) Minnesota Association
of Community Corrections Act Counties;
(4) Minnesota Indian
Women's Sexual Assault Coalition;
(5) Violence Free
Minnesota;
(6) Minnesota Coalition
Against Sexual Assault;
(7) Minnesota Alliance on
Crime;
(8) Minnesota Sheriffs'
Association;
(9) Minnesota Chiefs of
Police Association;
(10) Minnesota Police and
Peace Officers Association; and
(11) faith-based
organizations that reflect the demographics of the incarcerated population.
(b) The policy must:
(1) provide circumstances
upon which an incarcerated person may receive earned incentive release credits,
including participation in rehabilitative programming under section 244.03; and
(2) address circumstances
where:
(i) the capacity to
provide rehabilitative programming in the correctional facility is diminished
but the programming is available in the community; and
(ii) the conditions under
which the incarcerated person could be released to the community-based resource
but remain subject to commitment to the commissioner and could be considered
for earned incentive release credit.
Subd. 2. Policy
on disparities. The
commissioner must develop a policy establishing a process for assessing and
addressing any systemic and programmatic gender and racial disparities that may
be identified when awarding earned incentive release credits.
Sec. 7. [244.44]
APPLYING EARNED INCENTIVE RELEASE CREDIT.
Earned incentive release
credits are included in calculating the term of imprisonment but are not added
to the person's supervised release term, the total length of which remains
unchanged. The maximum amount of earned
incentive release credit that can be earned and subtracted from the term of
imprisonment is 17 percent of the total executed sentence. Earned credit cannot reduce the term of
imprisonment to less than one-half of the incarcerated person's executed
sentence. Once earned, earned incentive
release credits are nonrevocable.
Sec. 8. [244.45]
INELIGIBILITY FOR EARNED INCENTIVE RELEASE CREDIT.
The following
individuals are ineligible for earned incentive release credit:
(1) those serving life
sentences;
(2) those given
indeterminate sentences for crimes committed on or before April 30, 1980; or
(3) those subject to
good time under section 244.04 or similar laws.
Sec. 9. [244.46]
EARNED COMPLIANCE CREDIT AND SUPERVISION ABATEMENT STATUS.
Subdivision 1. Adopting
policy for earned compliance credit; supervision abatement status. (a) The commissioner must adopt a
policy providing for earned compliance credit.
(b) Except as otherwise
provided in the act, once the time served on active supervision plus earned
compliance credits equals the total length of the supervised release term, the
commissioner must place the individual on supervision abatement status for the
remainder of the supervised release term.
Subd. 2. Violating
conditions of release; commissioner action.
If an individual violates the conditions of release while on
supervision abatement status, the commissioner may:
(1) return the
individual to active supervision for the remainder of the supervised release
term, with or without modifying the conditions of release; or
(2) revoke the individual's
supervised release in accordance with section 244.05, subdivision 3.
Subd. 3. Supervision
abatement status; requirements. A
person who is placed on supervision abatement status under this section must
not be required to regularly report to a supervised release agent or pay a
supervision fee but must continue to:
(1) obey all laws;
(2) report any new
criminal charges; and
(3) abide by section
243.1605 before seeking written authorization to relocate to another state.
Subd. 4. Applicability. This section does not apply to
individuals:
(1) serving life
sentences;
(2) given indeterminate
sentences for crimes committed on or before April 30, 1980; or
(3) subject to good time
under section 244.04 or similar laws.
Sec. 10. [244.47]
VICTIM INPUT.
Subdivision 1. Notifying
victim; victim input. (a) If
an individual is committed to the custody of the commissioner for a crime
listed in section 609.02, subdivision 16, and is eligible for earned incentive
release credit, the commissioner must make reasonable efforts to notify the
victim that the committed individual is eligible for earned incentive release
credit.
(b) Victim input may include:
(1) a summary of victim
concerns relative to eligibility of earned incentive release credit;
(2) concerns related to
victim safety during the committed individual's term of imprisonment; or
(3) requests for
imposing victim safety protocols as additional conditions of imprisonment or
supervised release.
Subd. 2. Victim
input statements. The
commissioner must consider victim input statements when establishing
requirements governing conditions of release.
The commissioner must provide the name and telephone number of the local
victim agency serving the jurisdiction of release to any victim providing input
on earned incentive release credit.
Sec. 11. [244.48]
VICTIM NOTIFICATION.
Nothing in this act
limits any victim notification obligations of the commissioner required by
statute related to a change in custody status, committing offense,
end-of-confinement review, or notification registration.
Sec. 12. [244.49]
INTERSTATE COMPACT.
(a) This section applies
to a person serving a Minnesota sentence while being supervised in another
state according to the Interstate Compact for Adult Supervision.
(b) As may be allowed
under section 243.1605, a person may be eligible for supervision abatement
status according to the act only if they meet eligibility criteria for earned
compliance credit as established under section 244.46.
Sec. 13. [244.50]
REALLOCATING EARNED INCENTIVE RELEASE SAVINGS.
Subdivision 1. Establishing
reallocation revenue account. The
reallocation of earned incentive release savings account is established in the
special revenue fund in the state treasury.
Funds in the account are appropriated to the commissioner and must be
expended in accordance with the allocation established in subdivision 4 after
the requirements of subdivision 2 are met.
Funds in the account are available until expended.
Subd. 2. Certifying
earned incentive release savings. On
or before the final closeout date of each fiscal year, the commissioner must
certify to Minnesota Management and Budget the earned incentive release savings
from the previous fiscal year. The
commissioner must provide the detailed calculation substantiating the savings
amount, including accounting-system-generated data where possible, supporting
the direct-cost per diem and the incarcerated days saved.
Subd. 3. Savings
to be transferred to reallocation revenue account. After the certification in subdivision
2 is completed, the commissioner must transfer funds from the appropriation
from which the savings occurred to the reallocation revenue account according
to the allocation in subdivision 4. Transfers
must occur by September 1 each year.
Subd. 4. Distributing
reallocation funds. The
commissioner must distribute funds as follows:
(1) 25 percent must be
transferred to the Office of Justice Programs in the Department of Public
Safety for crime victim services;
(2) 25 percent must be
transferred to the Community Corrections Act subsidy appropriation and to the
Department of Corrections for supervised release and intensive supervision
services, based upon a three-year average of the release jurisdiction of supervised
releasees and intensive supervised releasees across the state;
(3) 25 percent must be
transferred to the Department of Corrections for:
(i) grants to develop
and invest in community-based services that support the identified needs of
correctionally involved individuals or individuals at risk of becoming involved
in the criminal justice system; and
(ii) sustaining the
operation of evidence-based programming in state and local correctional
facilities; and
(4) 25 percent must be
transferred to the general fund.
Sec. 14. [244.51]
REPORTING REQUIRED.
Subdivision 1. Annual
report required. (a)
Beginning January 15, 2026, and by January 15 each year thereafter for ten
years, the commissioner must provide a report to the chairs and ranking
minority members of the house of representatives and senate committees and
divisions with jurisdiction over public safety and judiciary.
(b) For the 2026 report,
the commissioner must report on implementing the requirements in this act. Starting with the 2027 report, the
commissioner must report on the status of the requirements in this act for the
previous fiscal year.
(c) Each report must be
provided to the sitting president of the Minnesota Association of Community
Corrections Act Counties and the executive directors of the Minnesota
Sentencing Guidelines Commission, the Minnesota Indian Women's Sexual Assault
Coalition, the Minnesota Alliance on Crime, Violence Free Minnesota, the
Minnesota Coalition Against Sexual Assault, and the Minnesota County Attorneys
Association.
(d) The report must
include but not be limited to:
(1) a qualitative
description of policy development; implementation status; identified
implementation or operational challenges; strategies identified to mitigate and
ensure that the act does not create or exacerbate gender, racial, and ethnic
disparities; and proposed mechanisms for projecting future savings and
reallocation of savings;
(2) the number of
persons who were granted earned incentive release credit, the total number of
days of incentive release earned, a summary of committing offenses for those
persons who earned incentive release credit, a summary of earned incentive
release savings, and the demographic data for all persons eligible for earned
incentive release credit and the reasons and demographic data of those eligible
persons for whom earned incentive release credit was unearned or denied;
(3) the number of
persons who earned supervision abatement status, the total number of days of
supervision abatement earned, the committing offenses for those persons granted
supervision abatement status, the number of revocations for reoffense while on supervision
abatement status, and the demographic data for all persons eligible for,
considered for, granted, or denied supervision abatement status and the reasons
supervision abatement status was unearned or denied;
(4) the number of
persons deemed ineligible to receive earned incentive release credits and
supervise abatement and the demographic data for the persons; and
(5) the number of
victims who submitted input, the number of referrals to local victim-serving
agencies, and a summary of the kinds of victim services requested.
Subd. 2. Soliciting
feedback. (a) The
commissioner must solicit feedback on victim-related operational concerns from
the Minnesota Indian Women's Sexual Assault Coalition, Minnesota Alliance on
Crime, Minnesota Coalition Against Sexual Assault, and Violence Free Minnesota.
(b) The feedback should
relate to applying earned incentive release credit and supervision abatement
status options. A summary of the
feedback from the organizations must be included in the annual report.
Subd. 3. Evaluating
earned incentive release credit and act.
The commissioner must direct the Department of Corrections'
research unit to regularly evaluate earned incentive release credits and other
provisions of the act. The findings must
be published on the Department of Corrections' website and in the annual
report.
Sec. 15. EFFECTIVE
DATE.
Sections 1 to 14 are
effective August 1, 2023.
ARTICLE 13
FIREARMS BACKGROUND CHECKS
Section 1. Minnesota Statutes 2022, section 624.7131, is amended to read:
624.7131 TRANSFEREE PERMIT; PENALTY.
Subdivision 1. Information. Any person may apply for a transferee permit by providing the following information in writing to the chief of police of an organized full time police department of the municipality in which the person resides or to the county sheriff if there is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1; and
(4) a statement by the proposed transferee that the proposed transferee is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
The statements shall be signed and dated by the person applying for a permit. At the time of application, the local police authority shall provide the applicant with a dated receipt for the application. The statement under clause (3) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2. Investigation. The chief of police or sheriff shall check criminal histories, records and warrant information relating to the applicant through the Minnesota Crime Information System, the national criminal record repository, and the National Instant Criminal Background Check System. The chief of police or sheriff shall also make a reasonable effort to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain commitment information from the commissioner of human services as provided in section 245.041.
Subd. 3. Forms. Chiefs of police and sheriffs shall make transferee permit application forms available throughout the community. There shall be no charge for forms, reports, investigations, notifications, waivers or any other act performed or materials provided by a government employee or agency in connection with application for or issuance of a transferee permit.
Subd. 4. Grounds
for disqualification. A
determination by (a) The chief of police or sheriff that shall
refuse to grant a transferee permit if the applicant is: (1) prohibited by section 624.713 state
or federal law from possessing a pistol or semiautomatic military-style
assault weapon shall be the only basis for refusal to grant a transferee
permit; (2) determined to be a danger to self or the public when in
possession of firearms under paragraph (b); or (3) listed in the criminal gang
investigative data system under section 299C.091.
(b) A chief of police or sheriff shall refuse to grant a permit to a person if there exists a substantial likelihood that the applicant is a danger to self or the public when in possession of a firearm. To deny the application pursuant to paragraph (a), clause (2), the chief of police or sheriff must provide the applicant with written notification and the specific factual basis justifying the denial, including the source of the factual basis. The chief of police or sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. Upon receiving any additional documentation, the chief of police or sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 8.
(c) A person is not
eligible to submit a permit application under this section if the person has
had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under
subdivision 8 was denied, whichever is later.
(d) A chief of police or
sheriff who denies a permit application pursuant to paragraph (b) must provide
a copy of the notice of disqualification to the chief of police or sheriff with
joint jurisdiction over the proposed transferee's residence.
Subd. 5. Granting
of permits. (a) The chief of
police or sheriff shall issue a transferee permit or deny the application
within seven 30 days of application for the permit.
(b) In the case of a denial, the chief of police or sheriff shall provide an applicant with written notification of a denial and the specific reason for the denial.
(c) The permits and their renewal shall be granted free of charge.
Subd. 6. Permits valid statewide. Transferee permits issued pursuant to this section are valid statewide and shall expire after one year. A transferee permit may be renewed in the same manner and subject to the same provisions by which the original permit was obtained, except that all renewed permits must comply with the standards adopted by the commissioner under section 624.7151. Permits issued pursuant to this section are not transferable. A person who transfers a permit in violation of this subdivision is guilty of a misdemeanor.
Subd. 7. Permit voided; revocation. (a) The transferee permit shall be void at the time that the holder becomes prohibited from possessing or receiving a pistol under section 624.713, in which event the holder shall return the permit within five days to the issuing authority. If the chief law enforcement officer who issued the permit has knowledge that the permit holder is ineligible to possess firearms, the chief law enforcement officer must revoke the permit and give notice to the holder in writing. Failure of the holder to return the permit within the five days of learning that the permit is void or revoked is a gross misdemeanor unless the court finds that the circumstances or the physical or mental condition of the permit holder prevented the holder from complying with the return requirement.
(b) When a permit holder
receives a court disposition that prohibits the permit holder from possessing a
firearm, the court must take possession of the permit, if it is available, and
send it to the issuing law enforcement agency.
If the permit holder does not have the permit when the court imposes a
firearm prohibition, the permit holder must surrender the permit to the
assigned probation officer, if applicable.
When a probation officer is assigned upon disposition of the case, the
court shall inform the probation agent of the permit holder's obligation to
surrender the permit. Upon surrender,
the probation officer must send the permit to the issuing law enforcement
agency. If a probation officer is not
assigned to the permit holder, the holder shall surrender the permit as
provided for in paragraph (a).
Subd. 8. Hearing
upon denial. (a) Any person
aggrieved by denial of a transferee permit may appeal the denial to the
district court having jurisdiction over the county or municipality in which the
denial occurred. by petition to the district court having jurisdiction
over the county or municipality where the application was submitted. The petition must list the applicable chief
of police or sheriff as the respondent. The
district court must hold a hearing at the earliest practicable date and in any
event no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief
before the completion of the hearing. The
record of the hearing must be sealed. The
matter must be heard de novo without a jury.
(b) The court must issue
written findings of fact and conclusions of law regarding the issues submitted
by the parties. The court must issue its
writ of mandamus directing that the permit be issued and order other
appropriate relief unless the chief of police or sheriff establishes by clear
and convincing evidence that:
(1) the applicant is
disqualified from possessing a firearm under state or federal law;
(2) there exists a
substantial likelihood that the applicant is a danger to self or the public
when in possession of a firearm. Incidents of alleged criminal misconduct that
are not investigated and documented may not be considered; or
(3) the applicant is listed
in the criminal gang investigative data system under section 299C.091.
(c) If an application is
denied because the proposed transferee is listed in the criminal gang
investigative data system under section 299C.091, the applicant may challenge
the denial, after disclosure under court supervision of the reason for that
listing, based on grounds that the person:
(1) was erroneously
identified as a person in the data system;
(2) was improperly
included in the data system according to the criteria outlined in section
299C.091, subdivision 2, paragraph (b); or
(3) has demonstrably
withdrawn from the activities and associations that led to inclusion in the
data system.
Subd. 9. Permit
to carry. A valid permit to carry
issued pursuant to section 624.714 constitutes a transferee permit for the
purposes of this section and section sections 624.7132 and
624.7134.
Subd. 10. Transfer report not required. A person who transfers a pistol or semiautomatic military-style assault weapon to a person exhibiting a valid transferee permit issued pursuant to this section or a valid permit to carry issued pursuant to section 624.714 is not required to file a transfer report pursuant to section 624.7132, subdivision 1.
Subd. 11. Penalty. A person who makes a false statement in
order to obtain a transferee permit knowing or having reason to know the
statement is false is guilty of a gross misdemeanor felony.
Subd. 12. Local regulation. This section shall be construed to supersede municipal or county regulation of the issuance of transferee permits.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2022, section 624.7132, is amended to read:
624.7132 REPORT OF TRANSFER.
Subdivision 1. Required information. Except as provided in this section and section 624.7131, every person who agrees to transfer a pistol or semiautomatic military-style assault weapon shall report the following information in writing to the chief of police of the organized full-time police department of the municipality where the proposed transferee resides or to the appropriate county sheriff if there is no such local chief of police:
(1) the name, residence, telephone number, and driver's license number or nonqualification certificate number, if any, of the proposed transferee;
(2) the sex, date of birth, height, weight, and color of eyes, and distinguishing physical characteristics, if any, of the proposed transferee;
(3) a statement that the proposed transferee authorizes the release to the local police authority of commitment information about the proposed transferee maintained by the commissioner of human services, to the extent that the information relates to the proposed transferee's eligibility to possess a pistol or semiautomatic military-style assault weapon under section 624.713, subdivision 1;
(4) a statement by the proposed transferee that the transferee is not prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon; and
(5) the address of the place of business of the transferor.
The report shall be signed and dated by the transferor and the proposed transferee. The report shall be delivered by the transferor to the chief of police or sheriff no later than three days after the date of the agreement to transfer, excluding weekends and legal holidays. The statement under clause (3) must comply with any applicable requirements of Code of Federal Regulations, title 42, sections 2.31 to 2.35, with respect to consent to disclosure of alcohol or drug abuse patient records.
Subd. 2. Investigation. Upon receipt of a transfer report, the chief of police or sheriff shall check criminal histories, records and warrant information relating to the proposed transferee through the Minnesota Crime Information System, the national criminal record repository, and the National Instant Criminal Background Check System. The chief of police or sheriff shall also make a reasonable effort to check other available state and local record-keeping systems. The chief of police or sheriff shall obtain commitment information from the commissioner of human services as provided in section 245.041.
Subd. 3. Notification. The chief of police or sheriff shall notify the transferor and proposed transferee in writing as soon as possible if the chief or sheriff determines that the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon. The notification to the transferee shall specify the grounds for the disqualification of the proposed transferee and shall set forth in detail the transferee's right of appeal under subdivision 13.
Subd. 4. Delivery. Except as otherwise provided in
subdivision 7 or 8, no person shall deliver a pistol or semiautomatic
military-style assault weapon to a proposed transferee until five business
30 days after the date the agreement to transfer is delivered to a chief
of police or sheriff in accordance with subdivision 1 unless the chief of
police or sheriff waives all or
a portion of the seven-day waiting period. The chief of police or sheriff may waive all
or a portion of the five business day waiting period in writing if the
chief of police or sheriff: (1)
determines the proposed transferee is not disqualified prior to the waiting
period concluding; or (2) finds that the transferee requires access to a
pistol or semiautomatic military-style assault weapon because of a threat to
the life of the transferee or of any member of the household of the transferee. Prior to modifying the waiting period
under the authority granted in clause (2), the chief of police or sheriff must
first determine that the proposed transferee is not prohibited from possessing
a firearm under state or federal law.
No person shall deliver a pistol or semiautomatic military-style assault weapon to a proposed transferee after receiving a written notification that the chief of police or sheriff has determined that the proposed transferee is prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon.
If the transferor makes a
report of transfer and receives no written notification of disqualification of
the proposed transferee within five 30 business days after
delivery of the agreement to transfer, the pistol or semiautomatic
military-style assault weapon may be delivered to the transferee, unless the
transferor knows the transferee is ineligible to possess a pistol or
semiautomatic military-style assault weapon.
Subd. 5. Grounds
for disqualification. A
determination by (a) The chief of police or sheriff that shall
deny an application if the proposed transferee is: (1) prohibited by section 624.713 state
or federal law from possessing a pistol or semiautomatic military-style
assault weapon shall be the sole basis for a notification of
disqualification under this section; (2) determined to be a danger to
self or the public when in possession of firearms under paragraph (b); or (3)
listed in the criminal gang investigative data system under section 299C.091.
(b) A chief of police or sheriff shall deny an application if there exists a substantial likelihood that the proposed transferee is a danger to self or the public when in possession of a firearm. To deny the application under this paragraph, the chief of police or sheriff must provide the applicant with written notification and the specific factual basis justifying the denial, including the source of the factual basis. The chief of police or sheriff must inform the applicant of the applicant's right to submit, within 20 business days, any additional documentation relating to the propriety of the denial. Upon receiving any additional documentation, the chief of police or sheriff must reconsider the denial and inform the applicant within 15 business days of the result of the reconsideration. Any denial after reconsideration must be in the same form and substance as the original denial and must specifically address any continued deficiencies in light of the additional documentation submitted by the applicant. The applicant must be informed of the right to seek de novo review of the denial as provided in subdivision 13.
(c) A chief of police or
sheriff need not process an application under this section if the person has
had an application denied pursuant to paragraph (b) and less than six months
have elapsed since the denial was issued or the person's appeal under subdivision
13 was denied, whichever is later.
(d) A chief of police or
sheriff who denies an application pursuant to paragraph (b) must provide a copy
of the notice of disqualification to the chief of police or sheriff with joint
jurisdiction over the applicant's residence.
Subd. 6. Transferee
permit. If a chief of police or
sheriff determines that a transferee is not a person prohibited by section
624.713 from possessing a pistol or semiautomatic military-style assault weapon
does not deny a proposed transferee's application under subdivision 5,
the transferee may, within 30 days after the determination, apply to that chief
of police or sheriff for a transferee permit, and the permit shall be issued.
Subd. 8. Report not required. If the proposed transferee presents a valid transferee permit issued under section 624.7131 or a valid permit to carry issued under section 624.714, the transferor need not file a transfer report.
Subd. 9. Number of pistols or semiautomatic military-style assault weapons. Any number of pistols or semiautomatic military-style assault weapons may be the subject of a single transfer agreement and report to the chief of police or sheriff. Nothing in this section or section 624.7131 shall be construed to limit or restrict the number of pistols or semiautomatic military-style assault weapons a person may acquire.
Subd. 10. Restriction on records. Except as provided for in section 624.7134, subdivision 3, paragraph (e), if, after a determination that the transferee is not a person prohibited by section 624.713 from possessing a pistol or semiautomatic military-style assault weapon, a transferee requests that no record be maintained of the fact of who is the transferee of a pistol or semiautomatic military-style assault weapon, the chief of police or sheriff shall sign the transfer report and return it to the transferee as soon as possible. Thereafter, no government employee or agency shall maintain a record of the transfer that identifies the transferee, and the transferee shall retain the report of transfer.
Subd. 11. Forms; cost. Chiefs of police and sheriffs shall make transfer report forms available throughout the community. There shall be no charge for forms, reports, investigations, notifications, waivers or any other act performed or materials provided by a government employee or agency in connection with a transfer.
Subd. 12. Exclusions. Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:
(1) a transfer by a person other than a federally licensed firearms dealer;
(2) a loan to a prospective transferee if the loan is intended for a period of no more than one day;
(3) the delivery of a pistol or semiautomatic military-style assault weapon to a person for the purpose of repair, reconditioning or remodeling;
(4) a loan by a teacher to a student in a course designed to teach marksmanship or safety with a pistol and approved by the commissioner of natural resources;
(5) a loan between persons at a firearms collectors exhibition;
(6) a loan between persons lawfully engaged in hunting or target shooting if the loan is intended for a period of no more than 12 hours;
(7) a loan between law enforcement officers who have the power to make arrests other than citizen arrests; and
(8) a loan between employees or between the employer and an employee in a business if the employee is required to carry a pistol or semiautomatic military-style assault weapon by reason of employment and is the holder of a valid permit to carry a pistol.
Subd. 13. Appeal. (a) A person aggrieved by the
determination of a chief of police or sheriff that the person is prohibited
by section 624.713 from possessing a pistol or semiautomatic military-style
assault weapon may appeal the determination as provided in this subdivision. The district court shall have jurisdiction of
proceedings under this subdivision. under subdivision 5 may appeal by
petition to the district court having jurisdiction over the county or
municipality where the application was submitted. The petition must list the applicable chief
of police or sheriff as the respondent. The
district court must hold a hearing at the earliest practicable date and in any
event no later than 60 days following the filing of the petition for review. The court may not grant or deny any relief
before the completion of the hearing. The record of the hearing must be
sealed. The matter must be heard de novo
without a jury.
On review pursuant to
this subdivision, the court shall be limited to a determination of whether the
proposed transferee is a person prohibited from possessing a pistol or semiautomatic
military-style assault weapon by section 624.713.
(b) The court must issue
written findings of fact and conclusions of law regarding the issues submitted
by the parties. The court must issue its
writ of mandamus directing that the permit be issued and order other
appropriate relief unless the chief of police or sheriff establishes by clear
and convincing evidence that:
(1) the applicant is
disqualified under state or federal law from possession of firearms;
(2) there exists a
substantial likelihood that the applicant is a danger to self or the public
when in possession of a firearm. Incidents of alleged criminal misconduct that
are not investigated and documented may not be considered; or
(3) the applicant is
listed in the criminal gang investigative data system under section 299C.091.
(c) If an application is
denied because the proposed transferee is listed in the criminal gang
investigative data system under section 299C.091, the proposed transferee may
challenge the denial, after disclosure under court supervision of the reason
for that listing, based on grounds that the person:
(1) was erroneously
identified as a person in the data system;
(2) was improperly
included in the data system according to the criteria outlined in section
299C.091, subdivision 2, paragraph (b); or
(3) has demonstrably
withdrawn from the activities and associations that led to inclusion in the
data system.
Subd. 14. Transfer
to unknown party. (a) No
person shall transfer a pistol or semiautomatic military-style assault weapon
to another who is not personally known to the transferor unless the proposed
transferee presents evidence of identity to the transferor.
(b) No person who is not
personally known to the transferor shall become a transferee of a pistol or
semiautomatic military-style assault weapon unless the person presents evidence
of identity to the transferor.
(c) The evidence of
identity shall contain the name, residence address, date of birth, and
photograph of the proposed transferee; must be made or issued by or under the
authority of the United States government, a state, a political subdivision of
a state, a foreign government, a political subdivision of a foreign government,
an international governmental or an international quasi-governmental
organization; and must be of a type commonly accepted for the purpose of
identification of individuals.
(d) A person who becomes
a transferee of a pistol or semiautomatic military-style assault weapon in
violation of this subdivision is guilty of a misdemeanor.
Subd. 15. Penalties. (a) Except as otherwise provided in paragraph (b), a person who does any of the following is guilty of a gross misdemeanor:
(1) transfers a pistol or semiautomatic military-style assault weapon in violation of subdivisions 1 to 13;
(2) transfers a pistol or semiautomatic military-style assault weapon to a person who has made a false statement in order to become a transferee, if the transferor knows or has reason to know the transferee has made the false statement;
(3) knowingly becomes a transferee in violation of subdivisions 1 to 13; or
(4) makes a false statement in order to become a transferee of a pistol or semiautomatic military-style assault weapon knowing or having reason to know the statement is false.
(b) A person who does either of the following is guilty of a felony:
(1) transfers a pistol or semiautomatic military-style assault weapon to a person under the age of 18 in violation of subdivisions 1 to 13; or
(2) transfers a pistol or semiautomatic military-style assault weapon to a person under the age of 18 who has made a false statement in order to become a transferee, if the transferor knows or has reason to know the transferee has made the false statement.
Subd. 16. Local regulation. This section shall be construed to supersede municipal or county regulation of the transfer of pistols.
EFFECTIVE DATE. This section is effective August 1, 2023, and applies
to crimes committed on or after that date.
Sec. 3. [624.7134]
PRIVATE PARTY TRANSFERS; BACKGROUND CHECK REQUIRED.
Subdivision 1. Definitions. (a) As used in this section, the
following terms have the meanings provided in this subdivision.
(b) "Firearms
dealer" means a person who is licensed by the United States Department of
Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, under United
States Code, title 18, section 923(a).
(c) "State or
federally issued identification" means a document or card made or issued
by or under the authority of the United States government or the state that
contains the person's name, residence address, date of birth, and photograph
and is of a type commonly accepted for the purpose of identification of
individuals.
(d) "Unlicensed
person" means a person who does not hold a license under United States
Code, title 18, section 923(a).
Subd. 2. Background
check and evidence of identity. An
unlicensed person is prohibited from transferring a pistol or semiautomatic
military-style assault weapon to any other unlicensed person, unless: (1) the transfer is made through a firearms
dealer as provided for in subdivision 3; or (2) the transferee presents a valid
transferee permit issued under section 624.7131 and a current state or
federally issued identification.
Subd. 3. Background
check conducted by federally licensed firearms dealer. (a) Where both parties to a
prospective transfer of a pistol or semiautomatic military-style assault weapon
are unlicensed persons, the transferor and transferee may appear jointly before
a federally licensed firearms dealer with the firearm and request that the
federally licensed firearms dealer conduct a background check on the transferee
and facilitate the transfer.
(b) Except as otherwise
provided in this section, a federally licensed firearms dealer who agrees to
facilitate a transfer under this section shall:
(1) process the transfer
as though transferring the firearm from the dealer's inventory to the
transferee; and
(2) comply with all
requirements of federal and state law that would apply if the firearms dealer
were making the transfer, including at a minimum all background checks and
record keeping requirements. The
exception to the report of transfer process in section 624.7132, subdivision
12, clause (1), does not apply to transfers completed under this subdivision.
(c) If the transferee is
prohibited by federal law from purchasing or possessing the firearm or not
entitled under state law to possess the firearm, neither the federally licensed
firearms dealer nor the transferor shall transfer the firearm to the transferee.
(d) Notwithstanding any
other law to the contrary, this section shall not prevent the transferor from:
(1) removing the firearm
from the premises of the federally licensed firearms dealer, or the gun show or
event where the federally licensed firearms dealer is conducting business, as
applicable, while the background check is being conducted, provided that the
transferor must return to the federally licensed firearms dealer with the
transferee before the transfer takes place, and the federally licensed firearms
dealer must take possession of the firearm in order to complete the transfer;
and
(2) removing the firearm
from the business premises of the federally licensed firearms dealer if the
results of the background check indicate the transferee is prohibited by
federal law from purchasing or possessing the firearm or not entitled under
state law to possess the firearm.
(e) A transferee who
consents to participate in a transfer under this subdivision is not entitled to
have the transfer report returned as provided for in section 624.7132,
subdivision 10.
(f) A firearms dealer
may charge a reasonable fee for conducting a background check and facilitating
a transfer between the transferor and transferee pursuant to this section.
Subd. 4. Record
of transfer; required information. (a)
Unless a transfer is made through a firearms dealer as provided for in
subdivision 3, when two unlicensed persons complete the transfer of a pistol or
semiautomatic military-style assault weapon, the transferor and transferee must
complete a record of transfer on a form designed and made publicly available
without fee for this purpose by the superintendent of the Bureau of Criminal
Apprehension. Each page of the record of
transfer must be signed and dated by the transferor and the transferee and
contain the serial number of the pistol or semiautomatic military-style assault
weapon.
(b) The record of
transfer must contain the following information:
(1) a clear copy of each
person's current state or federally issued identification;
(2) a clear copy of the
transferee permit presented by the transferee; and
(3) a signed statement
by the transferee swearing that the transferee is not currently prohibited by
state or federal law from possessing a firearm.
(c) The record of
transfer must also contain the following information regarding the transferred
pistol or semiautomatic military-style assault weapon:
(1) the type of pistol
or semiautomatic military-style assault weapon;
(2) the manufacturer,
make, and model of the pistol or semiautomatic military-style assault weapon;
and
(3) the pistol or
semiautomatic military-style assault weapon's manufacturer-assigned serial
number.
(d) Both the transferor
and the transferee must retain a copy of the record of transfer and any
attachments to the record of transfer for 10 years from the date of the
transfer. A copy in digital form shall
be acceptable for the purposes of this paragraph.
Subd. 5. Compulsory
production of a record of transfer; misdemeanor penalty. (a) Unless a transfer was completed
under subdivision 3, the transferor and transferee of a pistol or semiautomatic
military-style assault weapon transferred under subdivision 4 must produce the
record of transfer when a peace officer requests the record as part of a
criminal investigation.
(b) A person who refuses
or is unable to produce a record of transfer for a firearm transferred under
this section in response to a request for production made by a peace officer
pursuant to paragraph (a) is guilty of a misdemeanor. A prosecution or conviction for violation of
this subdivision is not a bar to conviction of, or punishment for, any other
crime committed involving the transferred firearm.
Subd. 6. Immunity. A person is immune to a charge of
violating this section if the person presents a record of transfer that
satisfies the requirements of subdivision 4.
Subd. 7. Exclusions. (a) This section shall not apply to
the following transfers:
(1) a transfer by or to
a federally licensed firearms dealer;
(2) a transfer by or to
any law enforcement agency;
(3) to the extent the transferee is acting within the course and scope
of employment and official duties, a transfer to:
(i) a peace officer, as
defined in section 626.84, subdivision 1, paragraph (c);
(ii) a member of the
United States armed forces, the National Guard, or the Reserves of the United
States armed forces;
(iii) a federal law
enforcement officer; or
(iv) a security guard
employed by a protective agent licensed pursuant to chapter 326;
(4) a transfer between
immediate family members, which for the purposes of this section means spouses,
domestic partners, parents, children, siblings, grandparents, and
grandchildren;
(5) a transfer to an
executor, administrator, trustee, or personal representative of an estate or a
trust that occurs by operation of law upon the death of the former owner of the
firearm;
(6) a transfer of an
antique firearm as defined in section 624.712, subdivision 3;
(7) a transfer of a
curio or relic, as defined in Code of Federal Regulations, title 27, section
478.11, if the transfer is between collectors of firearms as curios or relics
as defined by United States Code, title 18, section 921(a)(13), who each have in
their possession a valid collector of curio and relics license issued by the
United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and
Explosives;
(8) the temporary
transfer of a firearm if:
(i) the transfer is
necessary to prevent imminent death or great bodily harm; and
(ii) the person's
possession lasts only as long as immediately necessary to prevent such imminent
death or great bodily harm;
(9) transfers by or to an
auctioneer who is in compliance with chapter 330 and acting in the person's
official role as an auctioneer to facilitate or conduct an auction of the
firearm; and
(10) a temporary
transfer if the transferee's possession of the firearm following the transfer
is only:
(i) at a shooting range
that operates in compliance with the performance standards under chapter 87A or
is a nonconforming use under section 87A.03, subdivision 2, or, if compliance
is not required by the governing body of the jurisdiction, at an established
shooting range operated consistently with local law in the jurisdiction;
(ii) at a lawfully
organized competition involving the use of a firearm, or while participating in
or practicing for a performance by an organized group that uses firearms as
part of the performance;
(iii) while hunting or trapping if the hunting or trapping is legal in all places where the transferee possesses the firearm and the transferee holds all licenses or permits required for hunting or trapping;
(iv) at a lawfully
organized educational or instructional course and under the direct supervision
of a certified instructor, as that term is defined in section 624.714,
subdivision 2a, paragraph (d); or
(v) while in the actual
presence of the transferor.
(b) A transfer under
this subdivision is permitted only if the transferor has no reason to believe:
(1) that the transferee
is prohibited by federal law from buying or possessing firearms or not entitled
under state law to possess firearms;
(2) if the transferee is
under 18 years of age and is receiving the firearm under direct supervision and
control of an adult, that the adult is prohibited by federal law from buying or
possessing firearms or not entitled under state law to possess firearms; or
(3) that the transferee
will use or intends to use the firearm in the commission of a crime.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
ARTICLE 14
EXTREME RISK PROTECTION ORDERS
Section 1. Minnesota Statutes 2022, section 624.713, subdivision 1, is amended to read:
Subdivision 1. Ineligible persons. The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 may possess ammunition designed for use in a firearm that the person may lawfully possess and may carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual presence or under the direct supervision of the person's parent or guardian, (ii) for the purpose of military drill under the auspices of a legally recognized military organization and under competent supervision, (iii) for the purpose of instruction, competition, or target practice on a firing range approved by the chief of police or county sheriff in whose jurisdiction the range is located and under direct supervision; or (iv) if the person has successfully completed a course designed to teach marksmanship and safety with a pistol or semiautomatic military-style assault weapon and approved by the commissioner of natural resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence. For purposes of this section, crime of violence includes crimes in other states or jurisdictions which would have been crimes of violence as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by a judicial determination that the person is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment facility, or who has ever been found incompetent to stand trial or not guilty by reason of mental illness, unless the person's ability to possess a firearm and ammunition has been restored under subdivision 4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state; or a person who is or has ever been committed by a judicial determination for treatment for the habitual use of a controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the person's ability to possess a firearm and ammunition has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or elsewhere by a judicial determination that the person is chemically dependent as defined in section 253B.02, unless the person has completed treatment or the person's ability to possess a firearm and ammunition has been restored under subdivision 4. Property rights may not be abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to section 253B.04 for chemical dependency, unless the officer possesses a certificate from the head of the treatment facility discharging or provisionally discharging the officer from the treatment facility. Property rights may not be abated but access may be restricted by the courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who has been charged with committing a crime of violence and has been placed in a pretrial diversion program by the court before disposition, until the person has completed the diversion program and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in another state of committing an offense similar to the offense described in section 609.224, subdivision 3, against a family or household member or section 609.2242, subdivision 3, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of section 609.224, subdivision 3, or 609.2242, subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family or household member and who was found by the court to have used a firearm in any way during commission of the assault is prohibited from possessing any type of firearm or ammunition for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to the public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under dishonorable conditions;
(vii) has renounced the person's citizenship having been a citizen of the United States; or
(viii) is disqualified from possessing a firearm under United States Code, title 18, section 922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the gross misdemeanor level, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other violation of these sections: section 609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring gun); 609.71 (riot); or 609.749 (harassment or stalking). For purposes of this paragraph, the specified gross misdemeanor convictions include crimes committed in other states or jurisdictions which would have been gross misdemeanors if conviction occurred in this state;
(12) a person who has been
convicted of a violation of section 609.224 if the court determined that the
assault was against a family or household member in accordance with section
609.2242, subdivision 3 (domestic assault), unless three years have elapsed
since the date of conviction and, during that time, the person has not been
convicted of another violation of section 609.224 or a violation of a section
listed in clause (11); or
(13) a person who is subject
to an order for protection as described in section 260C.201, subdivision 3,
paragraph (d), or 518B.01, subdivision 6, paragraph (g); or
(14) a person who is subject to an extreme risk protection order as described in section 624.7172 or 624.7174.
A person who issues a certificate pursuant to this section in good faith is not liable for damages resulting or arising from the actions or misconduct with a firearm or ammunition committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than pistols and semiautomatic military-style assault weapons does not apply retroactively to persons who are prohibited from possessing a pistol or semiautomatic military-style assault weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms and ammunition for persons convicted or adjudicated delinquent of a crime of violence in clause (2), applies only to offenders who are discharged from sentence or court supervision for a crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
Sec. 2. [624.7171]
EXTREME RISK PROTECTION ORDERS.
Subdivision 1. Definitions. (a) As used in sections 624.7171 to
624.7178, the following terms have the meanings given.
(b) "Family or
household members" means:
(1) spouses and former
spouses of the respondent;
(2) parents and children of the
respondent;
(3) persons who are
presently residing with the respondent; or
(4) a person involved in
a significant romantic or sexual relationship with the respondent.
In determining whether persons are in a
significant romantic or sexual relationship under clause (4), the court shall
consider the length of time of the relationship; type of relationship; and
frequency of interaction between the parties.
(c) "Firearm"
has the meaning given in section 609.666, subdivision 1, paragraph (a).
(d) "Mental health
professional" has the meaning given in section 245I.02, subdivision 27.
Subd. 2. Court
jurisdiction. (a) An
application for relief under sections 624.7172 and 624.7174 may be filed in the
county of residence of the respondent except as provided for in paragraph (b). Actions under sections 624.7172 and 624.7174
shall be given docket priorities by the court.
(b) At the time of
filing, a petitioner may request that the court allow the petitioner to appear
virtually at all proceedings. If the
court denies the petitioner's request for virtual participation, the petitioner
may refile the petition in the county where the petitioner resides or is
officed.
Subd. 3. Information
on petitioner's location or residence.
Upon the petitioner's request, information maintained by the
court regarding the petitioner's location or residence is not accessible to the
public and may be disclosed only to court personnel or law enforcement for
purposes of service of process, conducting an investigation, or enforcing an
order.
Subd. 4. Generally. (a) There shall exist an action known
as a petition for an extreme risk protection order, which order shall enjoin
and prohibit the respondent from possessing or purchasing firearms for as long
as the order remains in effect.
(b) A petition for relief under sections 624.7171 to 624.7178 may be made by the chief law enforcement officer, the chief law enforcement officer's designee, a city or county attorney, any family or household members of the respondent, or a guardian, as defined in section 524.1-201, clause (27), of the respondent.
(c) A petition for
relief shall allege that the respondent poses a significant danger of bodily
harm to other persons or is at significant risk of suicide by possessing a
firearm. The petition shall be
accompanied by an affidavit made under oath stating specific facts and
circumstances forming a basis to allege that an extreme risk protection order
should be granted. The affidavit may
include but is not limited to evidence showing any of the factors described in
section 624.7172, subdivision 2.
(d) A petition for
emergency relief under section 624.7174 shall additionally allege that the
respondent presents an immediate and present danger of either bodily harm to
others or of taking their life.
(e) A petition for
relief must describe, to the best of the petitioner's knowledge, the types and
location of any firearms believed by the petitioner to be possessed by the
respondent.
(f) The court shall
provide simplified forms and clerical assistance to help with the writing and
filing of a petition under this section.
(g) The state court
administrator shall create all forms necessary under sections 624.7171 to
624.7178.
(h) The filing fees for an
extreme risk protection order under this section are waived for the petitioner
and respondent. The court administrator,
the sheriff of any county in this state, and other law enforcement and
corrections officers shall perform their duties relating to service of process
without charge to the petitioner. The
court shall direct payment of the reasonable costs of service of process if
served by a private process server when the sheriff or other law enforcement or
corrections officer is unavailable or if service is made by publication,
without requiring the petitioner to make application under section 563.01.
(i) The court shall
advise the petitioner of the right to serve the respondent by alternate notice
under section 624.7172, subdivision 1, paragraph (e), if the respondent is
avoiding personal service by concealment or otherwise, and shall assist in the
writing and filing of the affidavit.
(j) The court shall
advise the petitioner of the right to request a hearing under section 624.7174. If the petitioner does not request a hearing,
the court shall advise the petitioner that the respondent may request a hearing
and that notice of the hearing date and time will be provided to the petitioner
by mail at least five days before the hearing.
(k) Any proceeding under
sections 624.7171 to 624.7178 shall be in addition to other civil or criminal
remedies.
(l) All health records
and other health information provided in a petition or considered as evidence
in a proceeding under sections 624.7171 to 624.7178 shall be protected from
public disclosure but may be provided to law enforcement agencies as described
in this section.
(m) Any extreme risk
protection order or subsequent extension issued under sections 624.7171 to
624.7178 shall be forwarded by the court administrator within 24 hours to the
local law enforcement agency with jurisdiction over the residence of the
respondent and electronically transmitted within three business days to the
National Instant Criminal Background Check System. When an order expires or is terminated by the
court, the court must submit a request that the order be removed from the
National Instant Background Check System.
Each appropriate law enforcement agency shall make available to other
law enforcement officers, through a system for verification, information as to
the existence and status of any extreme risk protection order issued under
sections 624.7171 to 624.7178.
Subd. 5. Mental
health professionals. When a
mental health professional has a statutory duty to warn another of a client's
serious threat of physically violent behavior or determines that a client
presents a significant risk of suicide by possessing a firearm, the mental
health professional must communicate the threat or risk to the sheriff of the
county where the client resides and make a recommendation to the sheriff
regarding the client's fitness to possess firearms.
Sec. 3. [624.7172]
EXTREME RISK PROTECTION ORDERS ISSUED AFTER HEARING.
Subdivision 1. Hearing. (a) Upon receipt of the petition for an order after a hearing, the court must schedule and hold a hearing within 14 days from the date the petition was received.
(b) The court shall
advise the petitioner of the right to request an emergency extreme risk
protection order under section 624.7174 separately from or simultaneously with
the petition under this subdivision.
(c) The petitioning
agency shall be responsible for service of an extreme risk protection order
issued by the court and shall further be the agency responsible for the
execution of any legal process required for the seizure and storage of firearms
subject to the order. Nothing in this
provision limits the ability of the law enforcement agency of record from
cooperating with other law enforcement entities. When a court issues an extreme risk
protection order for a person who resides on Tribal territory, the chief law
enforcement officer of the law enforcement agency responsible for serving the
order must request the assistance and counsel of the appropriate Tribal police
department prior to serving the respondent.
When the petitioner is a family or household member of the respondent,
the primary law enforcement agency serving the jurisdiction of residency of the
respondent shall be responsible for the execution of any legal process required
for the seizure and storage of firearms subject to the order.
(d) Personal service of notice
for the hearing may be made upon the respondent at any time up to 48 hours
prior to the time set for the hearing, provided that the respondent at the
hearing may request a continuance of up to 14 days if the respondent is
served less than five days prior to the hearing, which continuance shall be
granted unless there are compelling reasons not to do so. If the court grants the requested
continuance, and an existing emergency order under section 624.7174 will expire
due to the continuance, the court shall also issue a written order continuing
the emergency order pending the new time set for the hearing.
(e) If personal service
cannot be made, the court may order service of the petition and any order
issued under this section by alternate means.
The application for alternate service must include the last known
location of the respondent; the petitioner's most recent contacts with the
respondent; the last known location of the respondent's employment; the names
and locations of the respondent's parents, siblings, children, and other close
relatives; the names and locations of other persons who are likely to know the
respondent's whereabouts; and a description of efforts to locate those persons. The court shall consider the length of time
the respondent's location has been unknown, the likelihood that the
respondent's location will become known, the nature of the relief sought, and
the nature of efforts made to locate the respondent. The court shall order service by first class
mail, forwarding address requested, to any addresses where there is a
reasonable possibility that mail or information will be forwarded or
communicated to the respondent. The
court may also order publication, within or without the state, but only if it
might reasonably succeed in notifying the respondent of the proceeding. Service shall be deemed complete 14 days
after mailing or 14 days after court-ordered publication.
(f) When a petitioner
who is not the sheriff of the county where the respondent resides, the
sheriff's designee, or a family or household member files a petition, the
petitioner must provide notice of the action to the sheriff of the county where
the respondent resides. When a family or
household member is the petitioner, the court must provide notice of the action
to the sheriff of the county where the respondent resides.
Subd. 2. Relief
by court. (a) At the hearing,
the petitioner must prove by clear and convincing evidence that the respondent
poses a significant danger to other persons or is at significant risk of
suicide by possessing a firearm.
(b) In determining
whether to grant the order after a hearing, the court shall consider evidence
of the following, whether or not the petitioner has provided evidence of the
same:
(1) a history of threats
or acts of violence by the respondent directed toward another person;
(2) the history of use,
attempted use, or threatened use of physical force by the respondent against
another person;
(3) a violation of any
court order, including but not limited to orders issued under sections 624.7171
to 624.7178 or chapter 260C or 518B;
(4) a prior arrest for a
violent felony offense;
(5) a conviction or
prior arrest for a violent misdemeanor offense, for a stalking offense under
section 609.749, or for domestic assault under section 609.2242;
(6) a conviction for an
offense of cruelty to animals under chapter 343;
(7) the unlawful and
reckless use, display, or brandishing of a firearm by the respondent;
(8) suicide attempts by
the respondent or a serious mental illness; and
(9) whether the respondent is
named in an existing order in effect under sections 624.7171 to 624.7178 or
chapter 260C or 518B, or party to a pending lawsuit, complaint, petition, or
other action under sections 624.7171 to 624.7178 or chapter 518B.
(c) In determining whether to grant the order after a hearing, the court may:
(1) subpoena peace officers who have had contact with the respondent to provide written or sworn testimony regarding the officer's contacts with the respondent; and
(2) consider any other
evidence that bears on whether the respondent poses a danger to others or is at
risk of suicide.
(d) If the court finds
there is clear and convincing evidence to issue an extreme risk protection
order, the court shall issue the order prohibiting the person from possessing
or purchasing a firearm for the duration of the order. The court shall inform the respondent that
the respondent is prohibited from possessing or purchasing firearms and shall
issue a transfer order under section 624.7175.
The court shall also give notice to the county attorney's office, which
may take action as it deems appropriate.
(e) The court shall
determine the length of time the order is in effect, but may not set the length
of time for less than six months or more than one year, subject to renewal or
extension under section 624.7173.
(f) If there is no
existing emergency order under section 624.7174 at the time an order is granted
under this section, the court shall determine by clear and convincing evidence
whether the respondent presents an immediate and present danger of bodily harm. If the court so determines, the transfer
order shall include the provisions described in section 624.7175, paragraph
(d).
(g) If, after a hearing,
the court does not issue an order of protection, the court shall vacate any
emergency extreme risk protection order currently in effect.
(h) A respondent may
waive the respondent's right to contest the hearing and consent to the court's
imposition of an extreme risk protection order.
The court shall seal the petition filed under this section and section
624.7174 if a respondent who consents to imposition of an extreme risk
protection order requests that the petition be sealed, unless the court finds
that there is clear and convincing evidence that the interests of the public
and public safety outweigh the disadvantages to the respondent of not sealing
the petition. All extreme risk
protection orders based on the respondent being a danger to others shall remain
public. Extreme risk protection orders
issued for respondents who are solely at risk of suicide shall not be public.
Sec. 4. [624.7173]
SUBSEQUENT EXTENSIONS AND TERMINATION.
(a) Upon application by
any party entitled to petition for an order under section 624.7172, and after
notice to the respondent and a hearing, the court may extend the relief granted
in an existing order granted after a hearing under section 624.7172. Application for an extension may be made any
time within the three months before the expiration of the existing order. The court may extend the order if the court
makes the same findings by clear and convincing evidence as required for
granting of an initial order under section 624.7172, subdivision 2, paragraph
(d). The minimum length of time of an
extension is six months and the maximum length of time of an extension is one
year. The court shall consider the same
types of evidence as required for the initial order under section 624.7172,
subdivision 2, paragraphs (b) and (c).
(b) Upon application by
the respondent to an order issued under section 624.7172, the court may
terminate an order after a hearing at which the respondent shall bear the
burden of proving by clear and convincing evidence that the respondent does not
pose a significant danger to other persons or is at significant risk of suicide
by possessing a firearm. Application for
termination may be made one time for every six months an order is in effect. If an order has been issued for a period of
six months, the respondent may apply for termination one time.
Sec. 5. [624.7174]
EMERGENCY ISSUANCE OF EXTREME RISK PROTECTION ORDER.
(a) In determining
whether to grant an emergency extreme risk protection order, the court shall
consider evidence of all facts identified in section 624.7172, subdivision 2,
paragraphs (b) and (c).
(b) The court shall
advise the petitioner of the right to request an order after a hearing under
section 624.7172 separately from or simultaneously with the petition.
(c) If the court finds
there is probable cause that (1) the respondent poses a significant danger of
bodily harm to other persons or is at significant risk of suicide by possessing
a firearm, and (2) the respondent presents an immediate and present danger of
either bodily harm to others or of taking their life, the court shall issue an
ex parte emergency order prohibiting the respondent from possessing or
purchasing a firearm for the duration of the order. The order shall inform the respondent that
the respondent is prohibited from possessing or purchasing firearms and shall
issue a transfer order under section 624.7175, paragraph (d).
(d) A finding by the
court that there is a basis for issuing an emergency extreme risk protection
order constitutes a finding that sufficient reasons exist not to require notice
under applicable court rules governing applications for ex parte relief.
(e) The emergency order
shall have a fixed period of 14 days unless a hearing is set under section
624.7172 on an earlier date, in which case the order shall expire upon a
judge's finding that no order is issued under section 624.7172.
(f) Except as provided
in paragraph (g), the respondent shall be personally served immediately with a
copy of the emergency order and a copy of the petition and, if a hearing is
requested by the petitioner under section 624.7172, notice of the date set for
the hearing. If the petitioner does not
request a hearing under section 624.7172, an order served on a respondent under
this section must include a notice advising the respondent of the right to
request a hearing challenging the issuance of the emergency order, and must be
accompanied by a form that can be used by the respondent to request a hearing.
(g) Service of the
emergency order may be made by alternate service as provided under section
624.7172, subdivision 1, paragraph (e), provided that the petitioner files the
affidavit required under that subdivision.
If the petitioner does not request a hearing under section 624.7172, the
petition mailed to the respondent's residence, if known, must be accompanied by
the form for requesting a hearing described in paragraph (f).
Sec. 6. [624.7175]
TRANSFER OF FIREARMS.
(a) Except as provided
in paragraph (b), upon issuance of an extreme risk protection order, the court
shall direct the respondent to transfer any firearms the person possesses as
soon as reasonably practicable, but in no case later than 24 hours, to a federally
licensed firearms dealer or a law enforcement agency. If the respondent elects to transfer the
respondent's firearms to a law enforcement agency, the agency must accept the
transfer. The transfer may be permanent
or temporary. A temporary firearm transfer
only entitles the receiving party to possess the firearm and does not transfer
ownership or title. If the respondent
makes a temporary transfer to a federally licensed firearms dealer, the dealer
may charge the respondent a reasonable fee to store the firearms. If the temporary transfer is made to a law
enforcement agency, the agency may not charge the respondent any storage or
other associated fee. A dealer or agency
may establish policies for disposal of abandoned firearms, provided these policies
require that the respondent be notified prior to disposal of abandoned firearms. If a respondent permanently transfers the
respondent's firearms to a law enforcement agency, the agency must compensate
the respondent at fair market value and may not charge the respondent any
processing or other fees.
(b) A person directed to
transfer any firearms pursuant to paragraph (a) may transfer any antique
firearm, as defined in United States Code, title 18, section 921, paragraph
(a), clause (16), as amended, or a curio or relic as defined in Code of Federal
Regulations, title 27, section 478.11, as amended, to a relative who does not
live with the respondent after confirming that the relative may lawfully own or
possess a firearm.
(c) The respondent must
file proof of transfer as provided in this paragraph.
(1) A law enforcement
agency or federally licensed firearms dealer accepting transfer of a firearm
pursuant to this section shall provide proof of transfer to the respondent. The proof of transfer must specify whether
the firearms were permanently or temporarily transferred and must include the
name of the respondent, date of transfer, and the serial number, manufacturer,
and model of all transferred firearms. If
transfer is made to a federally licensed firearms dealer, the respondent shall,
within two business days after being served with the order, file a copy of
proof of transfer with the law enforcement agency and attest that all firearms
owned or possessed at the time of the order have been transferred in accordance
with this section and that the person currently does not possess any firearms. If the respondent claims not to own or
possess firearms, the respondent shall file a declaration of nonpossession with
the law enforcement agency attesting that, at the time of the order, the
respondent neither owned nor possessed any firearms, and that the respondent
currently neither owns nor possesses any firearms. If the transfer is made to a relative
pursuant to paragraph (b), the relative must sign an affidavit under oath
before a notary public either acknowledging that the respondent permanently
transferred the respondent's antique firearms, curios, or relics to the
relative or agreeing to temporarily store the respondent's antique firearms,
curios, or relics until such time as the respondent is legally permitted to
possess firearms. To the extent
possible, the affidavit shall indicate the serial number, make, and model of
all antique firearms, curios, or relics transferred by the respondent to the
relative.
(2) The court shall seal
affidavits, proofs of transfer, and declarations of nonpossession filed
pursuant to this paragraph.
(d) If a court issues an
emergency order under section 624.7174, or makes a finding of immediate and
present danger under section 624.7172, subdivision 2, paragraph (f), and there
is probable cause to believe the respondent possesses firearms, the court shall
issue a search warrant to the local law enforcement agency to take possession
of all firearms in the respondent's possession as soon as practicable. The chief law enforcement officer, or the
chief's designee, shall notify the respondent of the option to voluntarily
comply with the order by surrendering the respondent's firearms to law
enforcement prior to execution of the search warrant. Only if the respondent refuses to voluntarily
comply with the order to surrender the respondent's firearms shall the officer
or officers tasked with serving the search warrant execute the warrant. The local law enforcement agency shall, upon
written notice from the respondent, transfer the firearms to a federally
licensed firearms dealer. Before a local
law enforcement agency transfers a firearm under this paragraph, the agency
shall require the federally licensed firearms dealer receiving the firearm to
submit a proof of transfer that complies with the requirements for proofs of
transfer established in paragraph (c). The
agency shall file all proofs of transfer received by the court within two
business days of the transfer. A
federally licensed firearms dealer who accepts a firearm transfer pursuant to
this paragraph shall comply with paragraphs (a) and (c) as if accepting
transfer directly from the respondent. A
law enforcement agency may establish policies for disposal of abandoned
firearms, provided these policies require that the respondent be notified prior
to disposal of abandoned firearms.
Sec. 7. [624.7176]
RETURN OF FIREARMS.
Subdivision 1. Law
enforcement. A local law
enforcement agency that accepted temporary transfer of firearms under section
624.7175 shall return the firearms to the respondent after the expiration of
the order, provided the respondent is not otherwise prohibited from possessing
firearms under state or federal law.
Subd. 2. Firearms
dealer. A federally licensed
firearms dealer that accepted temporary transfer of firearms under section
624.7175 shall return the transferred firearms to the respondent upon request
after the expiration of the order, provided the respondent is not otherwise
prohibited from possessing firearms under state or federal law. A federally licensed firearms dealer
returning firearms shall comply with state and federal law as though
transferring a firearm from the dealer's own inventory.
Sec. 8. [624.7177]
OFFENSES.
Subdivision 1. False
information or harassment. A
person who petitions for an extreme risk protection order under section
624.7172 or 624.7174, knowing any information in the petition to be materially
false or with the intent to harass, abuse, or threaten, is guilty of a gross
misdemeanor.
Subd. 2. Violation
of order. A person who
possesses a firearm and knows or should have known that the person is
prohibited from doing so by an extreme risk protection order under section
624.7172 or 624.7174, or by an order of protection granted by a judge or
referee pursuant to a substantially similar law of another state, is guilty of
a misdemeanor and shall be prohibited from possessing firearms for a period of
five years. Each extreme risk protection
order granted under this chapter must contain a conspicuous notice to the
respondent regarding the penalty for violation of the order.
Sec. 9. [624.7178]
LIABILITY PROTECTION.
Subdivision 1. Liability
protection for petition. A
chief law enforcement officer, the chief law enforcement officer's designee, or
a city or county attorney who, in good faith, decides not to petition for an
extreme risk protection order or emergency extreme risk protection order shall
be immune from criminal or civil liability.
Subd. 2. Liability
protection for storage of firearms. A
law enforcement agency shall be immune from civil or criminal liability for any
damage or deterioration of firearms, ammunition, or weapons stored or
transported pursuant to section 624.7175.
This subdivision shall not apply if the damage or deterioration occurred
as a result of recklessness, gross negligence, or intentional misconduct by the
law enforcement agency.
Subd. 3. Liability
protection for harm following service of an order or execution of a search
warrant. A peace officer, law
enforcement agency, and the state or a political subdivision by which a peace
officer is employed has immunity from any liability, civil or criminal, for
harm caused by a person who is the subject of an extreme risk protection order,
a search warrant issued pursuant to section 624.7175, paragraph (d), or both,
after service of the order or execution of the warrant, whichever comes first,
if the peace officer acts in good faith in serving the order or executing the
warrant.
Subd. 4. Liability
protection for mental health professionals.
A mental health professional who provides notice to the sheriff
under section 626.7171, subdivision 5, is immune from monetary liability and no
cause of action, or disciplinary action by the person's licensing board may
arise against the mental health professional for disclosure of confidences to
the sheriff, for failure to disclose confidences to the sheriff, or for
erroneous disclosure of confidences to the sheriff in a good faith effort to warn
against or take precautions against a client's violent behavior or threat of
suicide.
Sec. 10. [626.8481]
EXTREME RISK PROTECTION ORDER; DEVELOPMENT OF MODEL PROCEDURES.
By December 1, 2023, the
Peace Officer Standards and Training Board, after consulting with the National
Alliance on Mental Illness Minnesota, the Minnesota County Attorneys
Association, the Minnesota Sheriffs' Association, the Minnesota Chiefs of
Police Association, and the Minnesota Police and Peace Officers Association,
shall develop model procedures and standards for the storage of firearms
transferred to law enforcement under section 624.7175.
Sec. 11. FEDERAL
BYRNE STATE CRISIS INTERVENTION PROGRAM.
The Department of Public
Safety is designated the state agency with the exclusive authority to apply for
federal Byrne State Crisis Intervention Program grants.
Sec. 12. EFFECTIVE
DATE.
Sections 1 to 9 are
effective January 1, 2024, and apply to firearm permit background checks made
on or after that date.
ARTICLE 15
CONTROLLED SUBSTANCES POLICY
Section 1. Minnesota Statutes 2022, section 121A.28, is amended to read:
121A.28 LAW ENFORCEMENT RECORDS.
A law enforcement agency
shall provide notice of any drug incident occurring within the agency's
jurisdiction, in which the agency has probable cause to believe a student
violated section 152.021, 152.022, 152.023, 152.024, 152.025, 152.0262,
152.027, 152.092, 152.097, or 340A.503, subdivision 1, 2, or 3. The notice shall be in writing and shall be
provided, within two weeks after an incident occurs, to the chemical abuse
preassessment team in the school where the student is enrolled.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 2. Minnesota Statutes 2022, section 151.01, is amended by adding a subdivision to read:
Subd. 43. Syringe
services provider. "Syringe
services provider" means a community-based public health program that
offers cost-free comprehensive harm reduction services, which may include: providing sterile needles, syringes, and
other injection equipment; making safe disposal containers for needles and
syringes available; educating participants and others about overdose
prevention, safer injection practices, and infectious disease prevention;
providing blood-borne pathogen testing or referrals to blood-borne pathogen
testing; offering referrals to substance use disorder treatment, including
substance use disorder treatment with medications for opioid use disorder; and
providing referrals to medical treatment and services, mental health programs
and services, and other social services.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 3. Minnesota Statutes 2022, section 151.40, subdivision 1, is amended to read:
Subdivision 1. Generally. It is unlawful for any person to possess,
control, manufacture, or sell, furnish, dispense, or
otherwise dispose of hypodermic syringes or needles or any instrument or
implement which can be adapted for subcutaneous injections, except for:
(1) the following persons when acting in the course of their practice or employment:
(i) licensed practitioners and their employees, agents, or delegates;
(ii) licensed pharmacies and their employees or agents;
(iii) licensed pharmacists;
(iv) registered nurses and licensed practical nurses;
(v) registered medical technologists;
(vi) medical interns and residents;
(vii) licensed drug wholesalers and their employees or agents;
(viii) licensed hospitals;
(ix) bona fide hospitals in which animals are treated;
(x) licensed nursing homes;
(xi) licensed morticians;
(xii) syringe and needle manufacturers and their dealers and agents;
(xiii) persons engaged in animal husbandry;
(xiv) clinical laboratories and their employees;
(xv) persons engaged in
bona fide research or education or industrial use of hypodermic syringes and
needles provided such persons cannot use hypodermic syringes and needles for
the administration of drugs to human beings unless such drugs are prescribed,
dispensed, and administered by a person lawfully authorized to do so; and
(xvi) persons who
administer drugs pursuant to an order or direction of a licensed practitioner; and
(xvii) syringe services
providers and their employees and agents;
(2) a person who self-administers drugs pursuant to either the prescription or the direction of a practitioner, or a family member, caregiver, or other individual who is designated by such person to assist the person in obtaining and using needles and syringes for the administration of such drugs;
(3) a person who is
disposing of hypodermic syringes and needles through an activity or program
developed under section 325F.785; or
(4) a person who sells,
possesses, or handles hypodermic syringes and needles pursuant to
subdivision 2.; or
(5) a participant
receiving services from a syringe services provider, who accesses or receives
new syringes or needles from a syringe services provider or returns used
syringes or needles to a syringe services provider.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 4. Minnesota Statutes 2022, section 151.40, subdivision 2, is amended to read:
Subd. 2. Sales of
limited quantities of clean needles and syringes. (a) A registered pharmacy or a licensed
pharmacist may sell, without the prescription or direction of a practitioner,
unused hypodermic needles and syringes in quantities of ten or fewer, provided
the pharmacy or pharmacist complies with all of the requirements of this
subdivision.
(b) At any location where hypodermic needles and syringes are kept for retail sale under this subdivision, the needles and syringes shall be stored in a manner that makes them available only to authorized personnel and not openly available to customers.
(c) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes under this subdivision may give the purchaser the materials developed by the commissioner of health under section 325F.785.
(d) A registered pharmacy or licensed pharmacist that sells hypodermic needles or syringes under this subdivision must certify to the commissioner of health participation in an activity, including but not limited to those developed under section 325F.785, that supports proper disposal of used hypodermic needles or syringes.
Sec. 5. Minnesota Statutes 2022, section 152.01, subdivision 12a, is amended to read:
Subd. 12a. Park
zone. "Park zone" means an
area designated as a public park by the federal government, the state, a local
unit of government, a park district board, or a park and recreation
board in a city of the first class, or a federally recognized Indian Tribe. "Park zone" includes the area
within 300 feet or one city block, whichever distance is greater, of the park
boundary.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2022, section 152.01, subdivision 18, is amended to read:
Subd. 18. Drug
paraphernalia. (a) Except as
otherwise provided in paragraph (b), "drug paraphernalia" means all
equipment, products, and materials of any kind, except those items used in
conjunction with permitted uses of controlled substances under this chapter or
the Uniform Controlled Substances Act, which are knowingly or intentionally
used primarily in (1) manufacturing a controlled substance, (2) injecting,
ingesting, inhaling, or otherwise introducing into the human body a controlled
substance, or (3) testing the strength, effectiveness, or purity of a
controlled substance, or (4) enhancing the effect of a controlled
substance.
(b) "Drug
paraphernalia" does not include the possession, manufacture, delivery, or
sale of: (1) hypodermic needles or
syringes in accordance with section 151.40, subdivision 2 hypodermic
syringes or needles or any instrument or implement which can be adapted for
subcutaneous injections; or (2) products that detect the presence of
fentanyl or a fentanyl analog in a controlled substance.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2022, section 152.01, is amended by adding a subdivision to read:
Subd. 25. Fentanyl. As used in sections 152.021 to
152.025, "fentanyl" includes fentanyl, carfentanil, and any fentanyl
analogs and fentanyl-related substances listed in section 152.02, subdivisions
2 and 3.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2022, section 152.021, subdivision 1, is amended to read:
Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the first degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
(ii) the offense involves two aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more, or 40 dosage units or more, containing heroin or fentanyl;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 200 or more dosage units; or
(6) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2022, section 152.021, subdivision 2, is amended to read:
Subd. 2. Possession crimes. (a) A person is guilty of a controlled substance crime in the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more, or 100 dosage units or more, containing heroin or fentanyl;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 50 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2022, section 152.022, subdivision 1, is amended to read:
Subdivision 1. Sale crimes. A person is guilty of controlled substance crime in the second degree if:
(1) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin or fentanyl;
(2) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
(ii) the offense involves three aggravating factors;
(3) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of three grams or more, or 12 dosage units or more, containing heroin or fentanyl;
(4) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units;
(5) on one or more occasions within a 90-day period the person unlawfully sells one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols;
(6) the person unlawfully sells any amount of a Schedule I or II narcotic drug to a person under the age of 18, or conspires with or employs a person under the age of 18 to unlawfully sell the substance; or
(7) the person unlawfully sells any of the following in a school zone, a park zone, a public housing zone, or a drug treatment facility:
(i) any amount of a Schedule I or II narcotic drug, lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;
(ii) one or more mixtures containing methamphetamine or amphetamine; or
(iii) one or more mixtures of a total weight of five kilograms or more containing marijuana or Tetrahydrocannabinols.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2022, section 152.022, subdivision 2, is amended to read:
Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or uses, whether by brandishing, displaying, threatening with, or otherwise employing, a firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams or more, or 50 dosage units or more, containing heroin or fentanyl;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses one or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or more marijuana plants.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2022, section 152.023, subdivision 2, is amended to read:
Subd. 2. Possession crimes. (a) A person is guilty of controlled substance crime in the third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten grams or more containing a narcotic drug other than heroin or fentanyl;
(2) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii) a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
(3) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses one or more mixtures of a total weight of ten kilograms or more containing marijuana or Tetrahydrocannabinols; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment facility.
(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may not be considered in measuring the weight of a mixture except in cases where the mixture contains four or more fluid ounces of fluid.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2022, section 152.025, subdivision 2, is amended to read:
Subd. 2. Possession and other crimes. A person is guilty of controlled substance crime in the fifth degree and upon conviction may be sentenced as provided in subdivision 4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled substance classified in Schedule I, II, III, or IV, except a small amount of marijuana or a residual amount of one or more mixtures of controlled substances contained in drug paraphernalia; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer, wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of obtaining a controlled substance.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2022, section 152.093, is amended to read:
152.093 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA PROHIBITED.
It is unlawful for any
person knowingly or intentionally to deliver drug paraphernalia or knowingly
or to intentionally to possess or manufacture drug
paraphernalia for delivery. Any
violation of this section is a misdemeanor.
EFFECTIVE DATE. This section is effective August 1, 2023, and
applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2022, section 152.205, is amended to read:
152.205 LOCAL REGULATIONS.
Sections 152.01, subdivision
18, and 152.092 152.093 to 152.095 do not preempt enforcement or
preclude adoption of municipal or county ordinances prohibiting or otherwise
regulating the manufacture, delivery, possession, or advertisement of drug
paraphernalia.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 16. [626.8443]
OPIATE ANTAGONISTS; TRAINING; CARRYING; USE.
Subdivision 1. Training. A chief law enforcement officer must
provide basic training to peace officers employed by the chief's agency on:
(1) identifying persons
who are suffering from narcotics overdoses; and
(2) the proper use of opiate
antagonists to treat a narcotics overdose.
Subd. 2. Mandatory
supply. A chief law
enforcement officer must maintain a sufficient supply of opiate antagonists to
ensure that officers employed by the chief's agency can satisfy the
requirements of subdivision 3.
Subd. 3. Mandatory
carrying. Each on-duty peace
officer who is assigned to respond to emergency calls must have at least two
unexpired opiate antagonist doses readily available when the officer's shift
begins. An officer who depletes their
supply of opiate antagonists during the officer's shift shall replace the
expended doses from the officer's agency's supply so long as replacing the
doses will not compromise public safety.
Subd. 4. Authorization
of use. (a) A chief law
enforcement officer must authorize peace officers employed by the chief's
agency to perform administration of an opiate antagonist when an officer
believes a person is suffering a narcotics overdose.
(b) In order to
administer opiate antagonists, a peace officer must comply with section 151.37,
subdivision 12, paragraph (b), clause (1).
Sec. 17. REPEALER.
Minnesota Statutes 2022,
section 152.092, is repealed.
EFFECTIVE DATE. This
section is effective August 1, 2023.
ARTICLE 16
CONTROLLED SUBSTANCES SCHEDULES
Section 1. Minnesota Statutes 2022, section 152.02, subdivision 2, is amended to read:
Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the following substances, including their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers, and salts is possible:
(1) acetylmethadol;
(2) allylprodine;
(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl acetate);
(4) alphameprodine;
(5) alphamethadol;
(6) alpha-methylfentanyl benzethidine;
(7) betacetylmethadol;
(8) betameprodine;
(9) betamethadol;
(10) betaprodine;
(11) clonitazene;
(12) dextromoramide;
(13) diampromide;
(14) diethyliambutene;
(15) difenoxin;
(16) dimenoxadol;
(17) dimepheptanol;
(18) dimethyliambutene;
(19) dioxaphetyl butyrate;
(20) dipipanone;
(21) ethylmethylthiambutene;
(22) etonitazene;
(23) etoxeridine;
(24) furethidine;
(25) hydroxypethidine;
(26) ketobemidone;
(27) levomoramide;
(28) levophenacylmorphan;
(29) 3-methylfentanyl;
(30) acetyl-alpha-methylfentanyl;
(31) alpha-methylthiofentanyl;
(32) benzylfentanyl beta-hydroxyfentanyl;
(33) beta-hydroxy-3-methylfentanyl;
(34) 3-methylthiofentanyl;
(35) thenylfentanyl;
(36) thiofentanyl;
(37) para-fluorofentanyl;
(38) morpheridine;
(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
(40) noracymethadol;
(41) norlevorphanol;
(42) normethadone;
(43) norpipanone;
(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
(45) phenadoxone;
(46) phenampromide;
(47) phenomorphan;
(48) phenoperidine;
(49) piritramide;
(50) proheptazine;
(51) properidine;
(52) propiram;
(53) racemoramide;
(54) tilidine;
(55) trimeperidine;
(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
(57) 3,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl);
(59) 4-(4-bromophenyl)-4-dimethylamino-1-phenethylcyclohexanol (bromadol);
(60) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide (Cyclopropryl fentanyl);
(61) N-(1-phenethylpiperidin-4-yl)-N-phenylbutanamide) (butyryl fentanyl);
(62) 1-cyclohexyl-4-(1,2-diphenylethyl)piperazine) (MT-45);
(63) N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopentanecarboxamide (cyclopentyl fentanyl);
(64) N-(1-phenethylpiperidin-4-yl)-N-phenylisobutyramide (isobutyryl fentanyl);
(65) N-(1-phenethylpiperidin-4-yl)-N-phenylpentanamide (valeryl fentanyl);
(66) N-(4-chlorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (para-chloroisobutyryl fentanyl);
(67) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-fluorobutyryl fentanyl);
(68) N-(4-methoxyphenyl)-N-(1-phenethylpiperidin-4-yl)butyramide (para-methoxybutyryl fentanyl);
(69) N-(2-fluorophenyl)-2-methoxy-N-(1-phenethylpiperidin-4-yl)acetamide (ocfentanil);
(70) N-(4-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)isobutyramide (4-fluoroisobutyryl fentanyl or para‑fluoroisobutyryl fentanyl);
(71) N-(1-phenethylpiperidin-4-yl)-N-phenylacrylamide (acryl fentanyl or acryloylfentanyl);
(72) 2-methoxy-N-(1-phenethylpiperidin-4-yl)-N-phenylacetamide (methoxyacetyl fentanyl);
(73) N-(2-fluorophenyl)-N-(1-phenethylpiperidin-4-yl)propionamide (ortho-fluorofentanyl or 2-fluorofentanyl);
(74)
N-(1-phenethylpiperidin-4-yl)-N-phenyltetrahydrofuran-2-carboxamide
(tetrahydrofuranyl fentanyl); and
(75) Fentanyl-related substances, their isomers, esters, ethers, salts and salts of isomers, esters and ethers, meaning any substance not otherwise listed under another federal Administration Controlled Substance Code Number or not otherwise listed in this section, and for which no exemption or approval is in effect under section 505 of the Federal Food, Drug, and Cosmetic Act, United States Code, title 21, section 355, that is structurally related to fentanyl by one or more of the following modifications:
(i) replacement of the phenyl portion of the phenethyl group by any monocycle, whether or not further substituted in or on the monocycle;
(ii) substitution in or on the phenethyl group with alkyl, alkenyl, alkoxyl, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iii) substitution in or on the piperidine ring with alkyl, alkenyl, alkoxyl, ester, ether, hydroxyl, halo, haloalkyl, amino, or nitro groups;
(iv) replacement of the aniline ring with any aromatic monocycle whether or not further substituted in or on the aromatic monocycle; or
(v) replacement of the
N-propionyl group by another acyl group.;
(76)
1-(1-(1-(4-bromophenyl)ethyl)piperidin-4-yl)-1,3-
dihydro-2H-benzo[d]imidazol-2-one (brorphine);
(77) 4'-methyl acetyl
fentanyl;
(78) beta-hydroxythiofentanyl;
(79) beta-methyl
fentanyl;
(80) beta'-phenyl
fentanyl;
(81) crotonyl fentanyl ((E)-N-(1-phenethylpiperidin-4-yl)-N-phenylbut-2-enamide);
(82) cyclopropyl fentanyl
(N-(1-phenethylpiperidin-4-yl)-N-phenylcyclopropanecarboxamide);
(83) fentanyl carbamate;
(84) isotonitazene
(N,N-diethyl-2-(2-(4
isopropoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
(85) para-fluoro furanyl
fentanyl;
(86) para-methylfentanyl;
(87) phenyl fentanyl;
(88) ortho-fluoroacryl
fentanyl;
(89) ortho-fluorobutyryl
fentanyl;
(90)
ortho-fluoroisobutyryl fentanyl;
(91) ortho-methyl
acetylfentanyl;
(92) thiofuranyl
fentanyl;
(93) metonitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
(94) metodesnitazene
(N,N-diethyl-2-(2-(4-methoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);
(95) etodesnitazene;
etazene (2-(2-(4-ethoxybenzyl)-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);
(96) protonitazene
(N,N-diethyl-2-(5-nitro-2-(4-propoxybenzyl)-1H-benzimidazol-1-yl)ethan-1-amine);
(97) butonitazene
(2-(2-(4-butoxybenzyl)-5-nitro-1H-benzimidazol-1-yl)-N,N-diethylethan-1-amine);
(98) flunitazene
(N,N-diethyl-2-(2-(4-fluorobenzyl)-5-nitro-1H-benzimidazol-1-yl)ethan-1-amine);
and
(99) N-pyrrolidino
etonitazene; etonitazepyne
(2-(4-ethoxybenzyl)-5-nitro-1-(2-(pyrrolidin-1-yl)ethyl)-1H-benzimidazole).
(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers, and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) acetorphine;
(2) acetyldihydrocodeine;
(3) benzylmorphine;
(4) codeine methylbromide;
(5) codeine-n-oxide;
(6) cyprenorphine;
(7) desomorphine;
(8) dihydromorphine;
(9) drotebanol;
(10) etorphine;
(11) heroin;
(12) hydromorphinol;
(13) methyldesorphine;
(14) methyldihydromorphine;
(15) morphine methylbromide;
(16) morphine methylsulfonate;
(17) morphine-n-oxide;
(18) myrophine;
(19) nicocodeine;
(20) nicomorphine;
(21) normorphine;
(22) pholcodine; and
(23) thebacon.
(d) Hallucinogens. Any material, compound, mixture or preparation which contains any quantity of the following substances, their analogs, salts, isomers (whether optical, positional, or geometric), and salts of isomers, unless specifically excepted or unless listed in another schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) methylenedioxy amphetamine;
(2) methylenedioxymethamphetamine;
(3) methylenedioxy-N-ethylamphetamine (MDEA);
(4) n-hydroxy-methylenedioxyamphetamine;
(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
(6) 2,5-dimethoxyamphetamine (2,5-DMA);
(7) 4-methoxyamphetamine;
(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
(9) alpha-ethyltryptamine;
(10) bufotenine;
(11) diethyltryptamine;
(12) dimethyltryptamine;
(13) 3,4,5-trimethoxyamphetamine;
(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
(15) ibogaine;
(16) lysergic acid diethylamide (LSD);
(17) mescaline;
(18) parahexyl;
(19) N-ethyl-3-piperidyl benzilate;
(20) N-methyl-3-piperidyl benzilate;
(21) psilocybin;
(22) psilocyn;
(23) tenocyclidine (TPCP or TCP);
(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine (2-CB-FLY);
(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
(40) alpha-methyltryptamine (AMT);
(41) N,N-diisopropyltryptamine (DiPT);
(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
(52) 5-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
(57) methoxetamine (MXE);
(58) 5-iodo-2-aminoindane (5-IAI);
(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
(65) N,N-Dipropyltryptamine (DPT);
(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine, ethketamine, NENK);
(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant, and every compound, manufacture, salts, derivative, mixture, or preparation of the plant, its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian Church, and members of the American Indian Church are exempt from registration. Any person who manufactures peyote for or distributes peyote to the American Indian Church, however, is required to obtain federal registration annually and to comply with all other requirements of law.
(f) Central nervous system depressants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) mecloqualone;
(2) methaqualone;
(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
(4) flunitrazepam;
(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine, methoxyketamine);
(6) tianeptine;
(7) clonazolam;
(8) etizolam;
(9) flubromazolam; and
(10) flubromazepam.
(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any material compound, mixture, or preparation which contains any quantity of the following substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
(1) aminorex;
(2) cathinone;
(3) fenethylline;
(4) methcathinone;
(5) methylaminorex;
(6) N,N-dimethylamphetamine;
(7) N-benzylpiperazine (BZP);
(8) methylmethcathinone (mephedrone);
(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
(10) methoxymethcathinone (methedrone);
(11) methylenedioxypyrovalerone (MDPV);
(12) 3-fluoro-N-methylcathinone (3-FMC);
(13) methylethcathinone (MEC);
(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
(15) dimethylmethcathinone (DMMC);
(16) fluoroamphetamine;
(17) fluoromethamphetamine;
(18) α-methylaminobutyrophenone (MABP or buphedrone);
(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or naphyrone);
(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
(25) 4-methyl-N-ethylcathinone (4-MEC);
(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
(29) 4-fluoro-N-methylcathinone (4-FMC);
(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
(31) alpha-pyrrolidinobutiophenone (α-PBP);
(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4'-chloro-PPP);
(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
(38) 1-(3-chlorophenyl) piperazine (meta-chlorophenylpiperazine or mCPP);
(39)
1-(1,3-benzodioxol-5-yl)-2-(ethylamino)-pentan-1-one (N-ethylpentylone,
ephylone); and
(40) any other substance, except bupropion or compounds listed under a different schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the 1-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways:
(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring system by one or more other univalent substituents;
(ii) by substitution at the 3-position with an acyclic alkyl substituent;
(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups; or
(iv) by inclusion of the
2-amino nitrogen atom in a cyclic structure.;
(41)
4,4'-dimethylaminorex (4,4'-DMAR;
4,5-dihydro-4-methyl-5-(4-methylphenyl)-2-oxazolamine);
(42)
4-chloro-alpha-pyrrolidinovalerophenone (4-chloro-A-PVP);
(43)
para-methoxymethamphetamine (PMMA), 1-(4-methoxyphenyl)-N-methylpropan-2-amine;
and
(44) N-ethylhexedrone.
(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically excepted or unless listed in another schedule, any natural or synthetic material, compound, mixture, or preparation that contains any quantity of the following substances, their analogs, isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of the isomers, esters, ethers, or salts is possible:
(1) marijuana;
(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, except that tetrahydrocannabinols do not include any material, compound, mixture, or preparation that qualifies as industrial hemp as defined in section 18K.02, subdivision 3; synthetic equivalents of the substances contained in the cannabis plant or in the resinous extractives of the plant; or synthetic substances with similar chemical structure and pharmacological activity to those substances contained in the plant or resinous extract, including, but not limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4 cis or trans tetrahydrocannabinol;
(3) synthetic cannabinoids, including the following substances:
(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of naphthoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
(ii) Napthylmethylindoles, which are any compounds containing a 1H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any extent and whether or not substituted in the naphthyl ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of naphthoylpyrroles include, but are not limited to, (5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene structure with substitution at the 3-position of the indene ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any extent, whether or not substituted in the naphthyl ring to any extent. Examples of naphthylemethylindenes include, but are not limited to, E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent, whether or not substituted in the phenyl ring to any extent. Examples of phenylacetylindoles include, but are not limited to:
(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(vi) Cyclohexylphenols, which are compounds containing a 2-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not limited to:
(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (Cannabicyclohexanol or CP 47,497 C8 homologue);
(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl] -phenol (CP 55,940).
(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any extent and whether or not substituted in the phenyl ring to any extent. Examples of benzoylindoles include, but are not limited to:
(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
(C)
(4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
48,098 or Pravadoline).
(viii) Others specifically named:
(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl) -6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (XLR-11);
(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide (AKB-48(APINACA));
(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide (5-Fluoro-AKB-48);
(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide (AB-PINACA);
(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]- 1H-indazole-3-carboxamide (AB-FUBINACA);
(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
indazole-3-carboxamide(AB-CHMINACA);
(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate (5-fluoro-AMB);
(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone) (FUBIMINA);
(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo [2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
-1H-indole-3-carboxamide (5-fluoro-ABICA);
(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-indole-3-carboxamide;
(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl) -1H-indazole-3-carboxamide;
(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
H-indazole-3-carboxamide (MAB-CHMINACA);
(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide (ADB-PINACA);
(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
(X)
N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide. (APP-CHMINACA);
(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
(ix) Additional substances specifically named:
(A) 1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1
H-pyrrolo[2,3-B]pyridine-3-carboxamide (5F-CUMYL-P7AICA);
(B) 1-(4-cyanobutyl)-N-(2- phenylpropan-2-yl)-1 H-indazole-3-carboxamide (4-CN-Cumyl-Butinaca);
(C) naphthalen-1-yl-1-(5-fluoropentyl)-1-H-indole-3-carboxylate (NM2201; CBL2201);
(D) N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)-1 H-indazole-3-carboxamide (5F-ABPINACA);
(E) methyl-2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate (MDMB CHMICA);
(F) methyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate (5F-ADB;
5F-MDMB-PINACA); and
(G)
N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(4-fluorobenzyl)
1H-indazole-3-carboxamide (ADB-FUBINACA).;
(H)
1-(5-fluoropentyl)-N-(2-phenylpropan-2-yl)-1H-indazole-3-carboxamide;
(I)
(1-(4-fluorobenzyl)-1H-indol-3-yl)(2,2,3,3- tetramethylcyclopropyl)methanone;
(J) methyl
2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate;
(K) methyl
2-(1-(5-fluoropentyl)-1H-indole-3-carboxamido)-3,3-dimethylbutanoate;
(L) ethyl
2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3,3-dimethylbutanoate;
(M) methyl 2-(1-(4-fluorobenzyl)-1H-indazole-3-carboxamido)-3-
methylbutanoate;
(N)
N-(adamantan-1-yl)-1-(4-fluorobenzyl)-1H-indazole-3-carboxamide; and
(O)
N-(adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide.
(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended for human consumption.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 2. Minnesota Statutes 2022, section 152.02, subdivision 3, is amended to read:
Subd. 3. Schedule II. (a) Schedule II consists of the substances listed in this subdivision.
(b) Unless specifically excepted or unless listed in another schedule, any of the following substances whether produced directly or indirectly by extraction from substances of vegetable origin or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate.
(i) Excluding:
(A) apomorphine;
(B) thebaine-derived butorphanol;
(C) dextrophan;
(D) nalbuphine;
(E) nalmefene;
(F) naloxegol;
(G) naloxone;
(H) naltrexone; and
(I) their respective salts;
(ii) but including the following:
(A) opium, in all forms and extracts;
(B) codeine;
(C) dihydroetorphine;
(D) ethylmorphine;
(E) etorphine hydrochloride;
(F) hydrocodone;
(G) hydromorphone;
(H) metopon;
(I) morphine;
(J) oxycodone;
(K) oxymorphone;
(L) thebaine;
(M) oripavine;
(2) any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in clause (1), except that these substances shall not include the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, cocaine compound, derivative, or preparation of coca leaves (including cocaine and ecgonine and their salts, isomers, derivatives, and salts of isomers and derivatives), and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, except that the substances shall not include decocainized coca leaves or extraction of coca leaves, which extractions do not contain cocaine or ecgonine;
(5) concentrate of poppy straw (the crude extract of poppy straw in either liquid, solid, or powder form which contains the phenanthrene alkaloids of the opium poppy).
(c) Any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters and ethers, unless specifically excepted, or unless listed in another schedule, whenever the existence of such isomers, esters, ethers and salts is possible within the specific chemical designation:
(1) alfentanil;
(2) alphaprodine;
(3) anileridine;
(4) bezitramide;
(5) bulk dextropropoxyphene (nondosage forms);
(6) carfentanil;
(7) dihydrocodeine;
(8) dihydromorphinone;
(9) diphenoxylate;
(10) fentanyl;
(11) isomethadone;
(12) levo-alpha-acetylmethadol (LAAM);
(13) levomethorphan;
(14) levorphanol;
(15) metazocine;
(16) methadone;
(17) methadone - intermediate, 4-cyano-2-dimethylamino-4, 4-diphenylbutane;
(18) moramide - intermediate, 2-methyl-3-morpholino-1, 1-diphenyl-propane-carboxylic acid;
(19) pethidine;
(20) pethidine - intermediate - a, 4-cyano-1-methyl-4-phenylpiperidine;
(21) pethidine - intermediate - b, ethyl-4-phenylpiperidine-4-carboxylate;
(22) pethidine - intermediate - c, 1-methyl-4-phenylpiperidine-4-carboxylic acid;
(23) phenazocine;
(24) piminodine;
(25) racemethorphan;
(26) racemorphan;
(27) remifentanil;
(28) sufentanil;
(29) tapentadol;
(30)
4-Anilino-N-phenethylpiperidine.;
(31) oliceridine;
(32) norfentanyl
(N-phenyl-N-(piperidin-4-yl) propionamide).
(d) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) methamphetamine, its salts, isomers, and salts of its isomers;
(3) phenmetrazine and its salts;
(4) methylphenidate;
(5) lisdexamfetamine.
(e) Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers whenever the existence of such salts, isomers, and salts of isomers is possible within the specific chemical designation:
(1) amobarbital;
(2) glutethimide;
(3) secobarbital;
(4) pentobarbital;
(5) phencyclidine;
(6) phencyclidine immediate precursors:
(i) 1-phenylcyclohexylamine;
(ii) 1-piperidinocyclohexanecarbonitrile;
(7) phenylacetone.
(f) Cannabinoids:
(1) nabilone;
(2) dronabinol [(-)-delta-9-trans-tetrahydrocannabinol (delta-9-THC)] in an oral solution in a drug product approved for marketing by the United States Food and Drug Administration.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2022, section 152.02, subdivision 5, is amended to read:
Subd. 5. Schedule IV. (a) Schedule IV consists of the substances listed in this subdivision.
(b) Narcotic drugs. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any of the following narcotic drugs, or their salts calculated as the free anhydrous base or alkaloid, in limited quantities as follows:
(1) not more than one milligram of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit;
(2) dextropropoxyphene (Darvon and Darvocet);
(3) 2-[(dimethylamino)methyl]-1-(3-methoxyphenyl)cyclohexanol, its salts, optical and geometric isomers, and salts of these isomers (including tramadol);
(4) eluxadoline;
(5) pentazocine; and
(6) butorphanol (including its optical isomers).
(c) Depressants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation containing any quantity of the following substances, including its salts, isomers, and salts of isomers whenever the existence of the salts, isomers, and salts of isomers is possible:
(1) alfaxalone (5α-pregnan-3α-ol-11,20-dione);
(2) alprazolam;
(3) barbital;
(4) bromazepam;
(5) camazepam;
(6) carisoprodol;
(7) chloral betaine;
(8) chloral hydrate;
(9) chlordiazepoxide;
(10) clobazam;
(11) clonazepam;
(12) clorazepate;
(13) clotiazepam;
(14) cloxazolam;
(15) delorazepam;
(16) diazepam;
(17) dichloralphenazone;
(18) estazolam;
(19) ethchlorvynol;
(20) ethinamate;
(21) ethyl loflazepate;
(22) fludiazepam;
(23) flurazepam;
(24) fospropofol;
(25) halazepam;
(26) haloxazolam;
(27) ketazolam;
(28) loprazolam;
(29) lorazepam;
(30) lormetazepam mebutamate;
(31) medazepam;
(32) meprobamate;
(33) methohexital;
(34) methylphenobarbital;
(35) midazolam;
(36) nimetazepam;
(37) nitrazepam;
(38) nordiazepam;
(39) oxazepam;
(40) oxazolam;
(41) paraldehyde;
(42) petrichloral;
(43) phenobarbital;
(44) pinazepam;
(45) prazepam;
(46) quazepam;
(47) suvorexant;
(48) temazepam;
(49) tetrazepam;
(50) triazolam;
(51) zaleplon;
(52) zolpidem;
(53) zopiclone.;
(54) brexanolone
(3α-hydroxy-5α-pregnan-20-one);
(55) lemborexant;
(56) remimazolam
(4H-imidazol[1,2-a][1,4]benzodiazepine4-propionic acid).
(d) Any material, compound, mixture, or preparation which contains any quantity of the following substance including its salts, isomers, and salts of such isomers, whenever the existence of such salts, isomers, and salts of isomers is possible: fenfluramine.
(e) Stimulants. Unless specifically excepted or unless listed in another schedule, any material, compound, mixture, or preparation which contains any quantity of the following substances having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(1) cathine (norpseudoephedrine);
(2) diethylpropion;
(3) fencamfamine;
(4) fenproporex;
(5) mazindol;
(6) mefenorex;
(7) modafinil;
(8) pemoline (including organometallic complexes and chelates thereof);
(9) phentermine;
(10) pipradol;
(11) sibutramine;
(12) SPA
(1-dimethylamino-1,2-diphenylethane).;
(13)
serdexmethylphenidate;
(14) solriamfetol
(2-amino-3-phenylpropyl car-bamate; benzenepropanol, beta-amino-, carbamate
(ester)).
(f) lorcaserin.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 4. Minnesota Statutes 2022, section 152.02, subdivision 6, is amended to read:
Subd. 6. Schedule V; restrictions on methamphetamine precursor drugs. (a) As used in this subdivision, the following terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound, mixture, or preparation intended for human consumption containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug or product but does not include the sale of a drug or product pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of the following limited quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture or preparation valuable medicinal qualities other than those possessed by the narcotic drug alone:
(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100 grams;
(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100 grams;
(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(iv) not more than 100 milligrams of opium per 100 milliliters or per 100 grams; or
(v) not more than 0.5 milligrams of difenoxin and not less than 25
micrograms of atropine sulfate per dosage unit.
(2) Stimulants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substance having a stimulant effect on the central nervous system, including its salts, isomers, and salts of isomers: pyrovalerone.
(3) Depressants. Unless specifically exempted or excluded or unless listed in another schedule, any material, compound, mixture, or preparation that contains any quantity of the following substance having a depressant effect on the central nervous system, including its salts, isomers, and salts of isomers:
(i) ezogabine;
(ii) pregabalin;
(iii) lacosamide.;
(iv) cenobamate
[(1R)-1-(2-chlorophenyl)-2-(tetrazol-2-yl)ethyl]carbamate.
(4) Any compound, mixture, or preparation containing ephedrine or pseudoephedrine as its sole active ingredient or as one of its active ingredients.
(c) No person may sell in a single over-the-counter sale more than two packages of a methamphetamine precursor drug or a combination of methamphetamine precursor drugs or any combination of packages exceeding a total weight of six grams, calculated as the base.
(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:
(1) packages containing not more than a total of three grams of one or more methamphetamine precursor drugs, calculated in terms of ephedrine base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where each blister contains not more than two dosage units, or, if the use of blister packs is not technically feasible, sales in unit dose packets or pouches.
(e) A business establishment that offers for sale methamphetamine precursor drugs in an over-the-counter sale shall ensure that all packages of the drugs are displayed behind a checkout counter where the public is not permitted and are offered for sale only by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The establishment shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the buyer's date of birth; and
(2) to sign a written or electronic document detailing the date of the sale, the name of the buyer, and the amount of the drug sold.
A document described under clause (2) must be retained by the establishment for at least three years and must at all reasonable times be open to the inspection of any law enforcement agency.
Nothing in this paragraph requires the buyer to obtain a prescription for the drug's purchase.
(f) No person may acquire through over-the-counter sales more than six grams of methamphetamine precursor drugs, calculated as the base, within a 30-day period.
(g) No person may sell in an over-the-counter sale a methamphetamine precursor drug to a person under the age of 18 years. It is an affirmative defense to a charge under this paragraph if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in section 340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a business establishment that offers for sale methamphetamine precursor drugs whose employee or agent is convicted of or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal penalties for violating any of those paragraphs if the person:
(1) did not have prior knowledge of, participate in, or direct the employee or agent to commit the violation; and
(2) documents that an employee training program was in place to provide the employee or agent with information on the state and federal laws and regulations regarding methamphetamine precursor drugs.
(j) Any person employed by a business establishment that offers for sale methamphetamine precursor drugs who sells such a drug to any person in a suspicious transaction shall report the transaction to the owner, supervisor, or manager of the establishment. The owner, supervisor, or manager may report the transaction to local law enforcement. A person who reports information under this subdivision in good faith is immune from civil liability relating to the report.
(k) Paragraphs (b) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal regulation primarily intended for administration to children under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as being manufactured in a manner that prevents the drug from being used to manufacture methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or liquid form; or
(4) compounds, mixtures, or preparations in powder form where pseudoephedrine constitutes less than one percent of its total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the Department of Public Safety, shall certify methamphetamine precursor drugs that meet the requirements of paragraph (k), clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug
distributors licensed and regulated by the Board of Pharmacy pursuant to
sections 151.42 to 151.51 151.43 to 151.471 and registered with
and regulated by the United States Drug Enforcement Administration are exempt
from the methamphetamine precursor drug storage requirements of this section.
(n) This section preempts all local ordinances or regulations governing the sale by a business establishment of over-the-counter products containing ephedrine or pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.
EFFECTIVE DATE. This
section is effective the day following final enactment.
ARTICLE 17
COMMUNITY SUPERVISION REFORM
Section 1. Minnesota Statutes 2022, section 243.05, subdivision 1, is amended to read:
Subdivision 1. Conditional release. (a) The commissioner of corrections may parole any person sentenced to confinement in any state correctional facility for adults under the control of the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other than murder committed in violation of clause (1) of section 609.185 who has not been previously convicted of a felony shall be paroled without having served 20 years, less the diminution that would have been allowed for good conduct had the sentence been for 20 years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who has been previously convicted of a felony or though not previously convicted of a felony is serving a life sentence for murder in the first degree committed in violation of clause (1) of section 609.185 shall be paroled without having served 25 years, less the diminution which would have been allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of corrections which has the effect of postponing eligibility for parole has prospective effect only and applies only with respect to persons committing offenses after the effective date of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and under the control of the commissioner, subject at any time to be returned to a facility of the Department of Corrections established by law for the confinement or treatment of convicted persons and the parole rescinded by the commissioner.
(c) The written order of the commissioner of corrections, is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to retake and place in actual custody any person on parole or supervised release. In addition, when it appears necessary in order to prevent escape or enforce discipline, any state parole and probation agent or state correctional investigator may, without order of warrant, take and detain a parolee or person on supervised release or work release and bring the person to the commissioner for action.
(d) The written order of the commissioner of corrections is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to retake and place in actual custody any person on probation under the supervision of the commissioner pursuant to section 609.135. Additionally, when it appears necessary in order to prevent escape or enforce discipline, any state parole and probation agent or state correctional investigator may, without an order, retake and detain a probationer and bring the probationer before the court for further proceedings under section 609.14.
(e) The written order of the commissioner of corrections is sufficient authority for any peace officer, state correctional investigator, or state parole and probation agent to detain any person on pretrial release who absconds from pretrial release or fails to abide by the conditions of pretrial release.
(f) Persons conditionally released, and those on probation under the supervision of the commissioner of corrections pursuant to section 609.135 may be placed within or outside the boundaries of the state at the discretion of the commissioner of corrections or the court, and the limits fixed for these persons may be enlarged or reduced according to their conduct.
(g) Except as otherwise provided in subdivision 1b, in considering applications for conditional release or discharge, the commissioner is not required to hear oral argument from any attorney or other person not connected with an adult correctional facility of the Department of Corrections in favor of or against the parole or release of any inmates. The commissioner may institute inquiries by correspondence, taking testimony, or otherwise, as to the previous history, physical or mental condition, and character of the inmate and, to that end, has the authority to require the attendance of the chief executive officer of any state adult correctional facility and the production of the records of these facilities, and to compel the attendance of witnesses. The commissioner is authorized to administer oaths to witnesses for these purposes.
(h) Unless the district
court directs otherwise, state parole and probation agents may require a person
who is under the supervision of the commissioner of corrections to perform
community work service for violating a condition of probation imposed by the
court. Community work service may be
imposed for the purpose of protecting the public, to aid the offender's
rehabilitation, or both. Agents may
impose up to eight hours of community work service for each violation and up to
a total of 24 hours per offender per 12-month period, beginning with the date
on which community work service is first imposed. The commissioner may authorize an additional
40 hours of community work services, for a total of 64 hours per offender per
12-month period, beginning with the date on which community work service is
first imposed. At the time community
work service is imposed, parole and probation agents are required to provide
written notice to the offender that states:
(1) the condition of
probation that has been violated;
(2) the number of hours
of community work service imposed for the violation; and
(3) the total number of
hours of community work service imposed to date in the 12-month period.
An offender may
challenge the imposition of community work service by filing a petition in
district court. An offender must file
the petition within five days of receiving written notice that community work
service is being imposed. If the
offender challenges the imposition of community work service, the state bears
the burden of showing, by a preponderance of the evidence, that the imposition
of community work service is reasonable under the circumstances.
Community work service
includes sentencing to service.
(i) Prior to (h)
Before revoking a nonviolent controlled substance offender's parole or
probation based on a technical violation, when the offender does not present a
risk to the public and the offender is amenable to continued supervision in the
community, a parole or probation agent must identify community options to
address and correct the violation including, but not limited to, inpatient
substance use disorder treatment. If a
probation or parole agent determines that community options are appropriate and
available in the state, the agent shall must seek to
restructure the offender's terms of release to incorporate those options. If an offender on probation stipulates in
writing to restructure the terms of release, a probation agent must forward a
report to the district court containing:
(1) the specific nature of the technical violation of probation;
(2) the recommended restructure to the terms of probation; and
(3) a copy of the offender's signed stipulation indicating that the offender consents to the restructuring of probation.
(i) The recommended
restructuring of probation becomes effective when confirmed by a judge. The order of the court shall be is
proof of such confirmation and amend amends the terms of
the sentence imposed by the court under section 609.135.
(j) If a nonviolent controlled substance offender's parole or probation is revoked, the offender's agent must first attempt to place the offender in a local jail.
(k) For purposes of this
paragraph, paragraphs (h) to (k):
(1) "nonviolent
controlled substance offender" is means a person who meets
the criteria described under section 244.0513, subdivision 2, clauses (1), (2),
and (5),; and
(2) "technical violation" means any violation of a court order of probation or a condition of parole, except an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or petition.
Sec. 2. Minnesota Statutes 2022, section 244.05, subdivision 3, is amended to read:
Subd. 3. Sanctions
for violation Revoking supervised release; alternative interventions. (a) If an inmate a
supervised individual violates the conditions of the inmate's
supervised release imposed on that individual by the commissioner, the
commissioner may:
(1) continue the inmate's
individual's supervised release term, with or without:
(i) modifying or
enlarging the conditions imposed on the inmate individual; or
(ii) transferring the
individual's case to a specialized caseload; or
(2) revoke the inmate's
supervised individual's supervised release and reimprison the inmate
that individual for the appropriate period of time.
Prior to revoking a
nonviolent controlled substance offender's supervised release based on a
technical violation, when the offender does not present a risk to the public
and the offender is amenable to continued supervision in the community, the
commissioner must identify community options to address and correct the
violation including, but not limited to, inpatient substance use disorder
treatment. If the commissioner
determines that community options are appropriate, the commissioner shall
restructure the inmate's terms of release to incorporate those options. If a nonviolent controlled substance
offender's supervised release is revoked, the offender's agent must first
attempt to place the offender in a local jail.
For purposes of this subdivision, "nonviolent controlled substance
offender" is a person who meets the criteria described under section
244.0513, subdivision 2, clauses (1), (2), and (5), and "technical
violation" means a violation of a condition of supervised release, except
an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.
(b) Before revoking an
individual's supervised release because of a technical violation that would
result in reimprisonment, the commissioner
must identify alternative interventions to address and correct the violation
only if:
(1) the individual does
not present a risk to the public; and
(2) the individual is
amenable to continued supervision in the community.
(c) If alternative
interventions are appropriate and available, the commissioner must restructure
the supervised individual's terms of release to incorporate the alternative
interventions.
(d) The period of
time for which a supervised release may be revoked may not exceed
the period of time remaining in the inmate's supervised
individual's sentence, except that but if a sex offender is
sentenced and conditionally released under Minnesota Statutes 2004, section
609.108, subdivision 5, the period of time for which conditional release
may be revoked may not exceed the balance of the conditional release term.
(e) For purposes of this
subdivision:
(1) "supervised
individual" has the meaning given to "inmate" in section 244.01;
and
(2) "technical
violation" means a violation of a condition of supervised release, except
an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.
Sec. 3. Minnesota Statutes 2022, section 244.18, is amended to read:
244.18 LOCAL CORRECTIONAL FEES; IMPOSITION ON OFFENDERS SCHEDULE,
COLLECTION, AND USE.
Subdivision 1. Definition
Definitions. As used in
(a) For purposes of this section, "local correctional fees"
the terms defined in this subdivision have the meanings given them.
(b) "Correctional
fees":
(1) effective August 1,
2027, means fees charged or contracted for by a probation agency or the
commissioner of corrections for court-ordered or community-provided
correctional services, including but not limited to drug testing, electronic
home monitoring, treatment, and programming; and
(2) effective August 1, 2023, through July 31, 2027, include fees for the following correctional services:
(1) (i) community
service work placement and supervision;
(2) (ii) restitution
collection;
(3) (iii) supervision;
(4) court ordered (iv)
court-ordered investigations;
(5) (v) any
other court ordered court-ordered service;
(6) (vi) postprison
supervision or other form of release; or and
(7) (vii) supervision
or other probation-related services provided to probationers or
parolees under section 243.1605 to be provided by a local probation and parole
agency established under section 244.19 or community corrections agency
established under chapter 401 by a probation agency or by the Department
of Corrections for individuals supervised by the commissioner of corrections.
(c)
"Probation" has the meaning given in section 609.02, subdivision 15.
(d) "Probation
agency" means a probation agency, including a Tribal Nation, organized
under section 244.19 or chapter 401.
Subd. 2. Local
correctional fees Fee schedule.
A local correctional agency probation agency or the
commissioner of corrections may establish a schedule of local
correctional fees to charge persons individuals under the
supervision and control of the local correctional agency or the
commissioner, including individuals on supervised release, to defray costs
associated with correctional services. The
local correctional fees on the an agency's and the
commissioner's schedule must be reasonably related to defendants' abilities
to pay and the actual cost of correctional services.
Subd. 3. Fee
collection Imposing and collecting fees. (a) The chief executive officer of
a local correctional probation agency or the commissioner
may impose and collect local a correctional fees fee
from individuals under the supervision and control of the agency or the
commissioner. The local
correctional probation agency or commissioner may collect the
fee at any time while the offender individual is under sentence
or after the sentence has been discharged.
(b) A local
probation and parole agency established under section 244.19 or
community corrections agency established under section 401.02 may not
impose a fee under this section on an individual under the agency's
supervision and control if:
(1) the offender
individual is supervised by the commissioner of corrections;
and
(2) the commissioner
of corrections imposes and collects a fee under this section 241.272.
(c) The agency or
the commissioner may use any available civil means of debt collection in
collecting to collect a local correctional fee.
Subd. 4. Exemption
from Waiving fee. The
chief executive officer of the local correctional a probation
agency may waive payment of the or the commissioner must waive a
correctional fee for an individual under the agency's or commissioner's
supervision and control if the officer or commissioner determines
that:
(1) the offender
individual does not have the ability to pay the fee,;
(2) the prospects
for payment are poor,; or
(3) there are
extenuating circumstances justifying a waiver of the fee.
(b) Instead of
waiving the a fee, the local correctional agency chief
executive officer or commissioner may:
(1) require the offender
individual to perform community work service as a means in
lieu of paying the fee; or
(2) credit the individual's involvement in programming at a rate established by the chief executive officer or commissioner.
Subd. 5. Prioritizing
restitution payment priority. If
a defendant has been ordered by a court to pay restitution, the defendant shall
be obligated to must pay the restitution ordered before
paying the local a correctional fee. However, if the defendant is making
reasonable payments to satisfy the restitution obligation, the local
correctional probation agency or commissioner may also
simultaneously collect a local correctional fee, subject to
subdivision 4.
Subd. 6. Use
of Using fees. The
local (a) Except as provided under paragraph (b), clause (1), for a
probation agency and the Department of Corrections, correctional fees shall
must be used by the local correctional agency or the
department to pay the costs of local correctional services. Local correctional fees may but must
not be used to supplant existing local funding for local correctional services.
(b) Correctional fees
must be deposited as follows:
(1) correctional fees
collected by Department of Corrections agents providing felony supervision
under section 244.20 go to the general fund; and
(2) all other correctional fees
collected by Department of Corrections agents and probation agents go to the
county or Tribal Nation treasurer in the county or Tribal Nation where
supervision is provided, as applicable under section 244.19, subdivision 1f.
Subd. 7. Annual
report. (a) By January 15
each year, the commissioner must submit an annual report on implementing the
commissioner's duties under this section to the chairs and ranking minority
members of the senate and house of representatives committees and divisions
with jurisdiction over criminal justice funding and policy. At a minimum, the report must include
information on the types of correctional services for which fees were imposed,
the aggregate amount of fees imposed, and the amount of fees collected.
(b) This subdivision
expires August 1, 2027.
Subd. 8. Treatment
fee for sex offenders. (a)
The commissioner may authorize providers of sex offender treatment to charge
and collect treatment co-pays from all offenders in their treatment program,
with a co-pay assessed to each offender based on a fee schedule approved by the
commissioner.
(b) Fees collected under
this subdivision must be used by the treatment provider to fund the cost of
treatment.
Subd. 9. Sunsetting
supervision fees; sunset plan. (a)
By August 1, 2025, each probation agency must provide to the commissioner a
written plan for phasing out supervision fees for individuals under the
agency's supervision and control, and the commissioner must review and approve
the plan by August 1, 2027. By August 1,
2027, the commissioner must develop a written plan for phasing out supervision
fees for individuals under the commissioner's supervision and control.
(b) A copy of an
approved plan must be provided to all individuals under the supervision and
control of the agency or the commissioner and in a language and manner that
each individual can understand.
(c) Supervision fees
must not be increased from August 1, 2023, through July 31, 2027.
(d) This subdivision
expires August 1, 2027.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 4. Minnesota Statutes 2022, section 244.19, is amended to read:
244.19 PROBATION SERVICES AND OFFICERS.
Subdivision 1. Appointment;
joint services; state services Probation services; how provided for CPO
and non-CPO jurisdictions. (a)
If a county or group of counties has established a human services board
pursuant to chapter 402, the district court may appoint one or more county
probation officers as necessary to perform court services, and the human
services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district
court shall appoint one or more persons of good character to serve as county
probation officers during the pleasure of the court. All other counties shall provide adult
misdemeanant and juvenile probation services to district courts in one of the
following ways:
(a) If a county or
Tribal Nation is not a Community Corrections Act jurisdiction under chapter
401, the county must, or the Tribal Nation may, provide adult misdemeanant and
juvenile probation services to district courts according to subdivision 1b.
(b) This section applies
to CPO and non-CPO jurisdictions.
Subd. 1a. Definitions. (a) For purposes of this section, the
terms defined in this subdivision have the meanings given them.
(b) "CPO
jurisdiction" means:
(1) a county or Tribal
Nation providing probation services under subdivision 1b, paragraph (b); or
(2) a group of counties
or Tribal Nations providing probation services under subdivision 1b, paragraph
(c).
(c) "Non-CPO
jurisdiction" means a county, Tribal Nation, group of counties, or group
of Tribal Nations receiving probation services under subdivision 1b, paragraph
(d).
(d) "Tribal
Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.
Subd. 1b. CPO
and non-CPO jurisdictions; establishment.
(a) Adult misdemeanant and juvenile probation services for CPO
and non-CPO jurisdictions must be provided according to this subdivision.
(1) (b) The
court, with the approval of the county boards or respective Tribal Nation
governments, may appoint one or more salaried county or Tribal
probation officers to serve during at the pleasure of the court;.
(2) when (c) If
two or more counties or Tribal Nations offer probation services, the
district court through the county boards or respective Tribal Nation
governments may appoint common salaried county or Tribal probation
officers to serve in the several counties; or Tribal Nations,
or both, if applicable.
(3) (d) A
county or a district court Tribal Nation may request the
commissioner of corrections to furnish probation services in accordance with the
provisions of this section, and the commissioner of corrections shall
must furnish such the services to any county or court
Tribal Nation that fails to provide its own probation officer by one
of the two procedures listed above; according to paragraph (b) or (c).
(4) (e) If a
county or district court Tribal Nation providing probation
services under clause (1) or (2) paragraph (b) or (c) asks the
commissioner of corrections or the legislative body for the state of
Minnesota mandates the commissioner of corrections to furnish probation
services to the district court or the legislature mandates the
commissioner to furnish probation services, the probation officers and
other employees displaced by the changeover shall must be
employed by the commissioner of corrections at no loss of salary. Years of service in the county or Tribal
probation department are to be given full credit for future sick leave and
vacation accrual purposes;. This
paragraph applies to the extent consistent with state and Tribal law.
(5) all probation
officers serving the juvenile courts on July 1, 1972, shall continue to serve
in the county or counties they are now serving.
(f) If a county or
Tribal Nation receiving probation services under paragraph (d) decides to
provide the services under paragraph (b) or (c), the probation officers and
other employees displaced by the changeover must be employed by the county or
Tribal Nation at no loss of salary. Years
of service in the state are to be given full credit for future sick leave and
vacation accrual purposes. This
paragraph applies to the extent consistent with state and Tribal law.
(g) In accordance with
this section, a Tribal Nation may elect to provide probation services to the
following individuals in any Tribal Nation or county in which the individuals
reside:
(1) an individual who is
enrolled or eligible to be enrolled in a Tribal Nation; and
(2) an individual who resides
in an enrolled member's household.
Subd. 1c. Community
supervision funding; eligibility for funding formula. (a) A CPO jurisdiction:
(1) must collaborate
with the commissioner to develop a comprehensive plan under section 401.06; and
(2) is subject to all
applicable eligibility provisions under chapter 401 necessary to receive a
subsidy under section 401.10.
(b) A non-CPO
jurisdiction is eligible to receive a subsidy under section 401.10 but is not a
Community Corrections Act jurisdiction under chapter 401, and the commissioner:
(1) is appropriated the
jurisdiction's share of funding under section 401.10 for providing probation
services; and
(2) may seek
reimbursement from the jurisdiction according to subdivision 5a.
Subd. 1d. Commissioner
of corrections; reimbursing CPO and non-CPO jurisdictions. As calculated by the community
supervision formula under section 401.10, the commissioner must:
(1) reimburse a CPO
jurisdiction for the cost that the jurisdiction assumes under this section for
providing probation services, including supervising juveniles committed to the
commissioner of corrections; and
(2) reimburse a non-CPO
jurisdiction for the commissioner's provision of probation services to the
jurisdiction under this section.
Subd. 1e. Commissioner
of management and budget. (b)
(a) The commissioner of management and budget shall must
place employees transferred to state service under paragraph (a), clause (4)
subdivision 1b, paragraph (e), in the proper classifications in the
classified service. Each employee is
appointed without examination at no loss in salary or accrued vacation or sick
leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits
fall below the maximum permitted by the state for the employee's position.
(b) An employee
appointed under paragraph (a), clause (4), shall subdivision 1b,
paragraph (e), must serve a six‑month probationary period of
six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing
within ten days to the commissioner of management and budget, who may uphold
the decision, extend the probation period, or certify the employee. The decision of the commissioner of
management and budget is final. If
an employee is not certified after the probationary period, the employee may
appeal for a hearing within ten days to the commissioner of management and
budget, who may uphold the decision not to certify, extend the probationary
period, or certify the employee. An
employee may not appeal the commissioner's initial decision until after
exhausting labor contract remedies, and the commissioner's decision is final
after appeal.
(c) The state shall
must negotiate the employees' seniority with the exclusive
representative for the bargaining unit to which the employees are transferred regarding
their seniority. For purposes of
computing seniority among those employees transferring from one county unit
only, a transferred employee retains the same seniority position as the
employee had within that county's probation office.
Subd. 1f. Tribal
Nations; sovereignty; state consultation.
(a) Nothing in this chapter relating to probation services is
intended to infringe on the sovereignty of a Tribal Nation. Notwithstanding any other law to the contrary
and to the extent consistent with a Tribal Nation's sovereignty, a Tribal
Nation is subject to the same requirements and has the same authority as a
county providing or receiving probation services under this section.
(b) The Department of
Corrections and Minnesota Management and Budget must consult with Tribal
Nations and offer guidance as necessary to implement and fulfill the purposes
of this chapter.
Subd. 2. Sufficiency
of services. Probation
services shall be sufficient in amount to meet the needs of the district court
in each county. County probation
officers serving district courts in all counties of not more than 200,000
population shall also, pursuant to subdivision 3, provide probation and parole
services to wards of the commissioner of corrections resident in their counties. To provide these probation services counties
containing a city of 10,000 or more population shall, as far as practicable,
have one probation officer for not more than 35,000 population; in counties
that do not contain a city of such size, the commissioner of corrections shall,
after consultation with the chief judge of the district court and the county
commissioners and in the light of experience, establish probation districts to
be served by one officer.
All probation officers
appointed for any district court or community corrections agency shall be
selected from a list of eligible candidates who have minimally qualified
according to the same or equivalent examining procedures as used by the
commissioner of management and budget to certify eligibles to the commissioner
of corrections in appointing parole agents, and the Department of Management
and Budget shall furnish the names of such candidates on request. This subdivision shall not apply to a
political subdivision having a civil service or merit system unless the
subdivision elects to be covered by this subdivision.
Subd. 3. Probation
officers; powers and duties. All
county probation officers serving a district court shall act under the orders
of the court in reference to any person committed to their care by the court,
and in the performance of their duties shall have the general powers of a peace
officer; and it shall be their duty to make such investigations with regard to
any person as may be required by the court before, during, or after the trial
or hearing, and to furnish to the court such information and assistance as may
be required; to take charge of any person before, during or after trial or
hearing when so directed by the court, and to keep such records and to make
such reports to the court as the court may order.
All county probation
officers serving a district court shall, in addition, provide probation and
parole services to wards of the commissioner of corrections resident in the
counties they serve, and shall act under the orders of said commissioner of
corrections in reference to any ward committed to their care by the
commissioner of corrections.
All probation officers
serving a district court shall, under the direction of the authority having
power to appoint them, initiate programs for the welfare of persons coming
within the jurisdiction of the court to prevent delinquency and crime and to
rehabilitate within the community persons who come within the jurisdiction of
the court and are properly subject to efforts to accomplish prevention and
rehabilitation. They shall, under the
direction of the court, cooperate with all law enforcement agencies, schools,
child welfare agencies of a public or private character, and other groups
concerned with the prevention of crime and delinquency and the rehabilitation
of persons convicted of crime and delinquency.
All probation officers
serving a district court shall make monthly and annual reports to the
commissioner of corrections, on forms furnished by the commissioner, containing
such information on number of cases cited to the juvenile division of district
court, offenses, adjudications, dispositions, and related matters as may be
required by the commissioner of corrections.
The reports shall include the information on individuals convicted as an
extended jurisdiction juvenile identified in section 241.016, subdivision 1,
paragraph (c).
All county and Tribal
Nation probation officers serving a district court:
(1) must:
(i) act under the orders
of the court in reference to any person committed to their care by the court;
(ii) provide probation
services, including supervising juveniles committed to the commissioner of
corrections, for all individuals on probation who reside in the counties and
Tribal Nations that the officers serve;
(iii) act under the
orders of the commissioner in reference to any juvenile committed to their care
by the commissioner;
(iv) under the direction
of the authority having power to appoint them, initiate programs for the
welfare of persons coming within the jurisdiction of the court to prevent
delinquency and crime and to rehabilitate within the community persons who come
within the jurisdiction of the court and are properly subject to efforts to
accomplish prevention and rehabilitation; and
(v) under the direction
of the court, cooperate with all law enforcement agencies, schools, child
welfare agencies of a public or private character, and other groups concerned
with preventing crime and delinquency and rehabilitating persons convicted of crime
and delinquency;
(2) in the performance
of their duties have the general powers of a peace officer; and
(3) are responsible for:
(i) investigating any
person as may be required by the court before, during, or after the trial or
hearing and furnishing to the court information and assistance as may be
required;
(ii) supervising any
person before, during, or after trial or hearing when directed by the court;
and
(iii) keeping records
and making reports to the court as the court may order.
Subd. 5. Commissioner
compensation to non-CPO jurisdiction.
In counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation
officers as may be approved by the county board, and in addition thereto shall
be reimbursed for all necessary expenses incurred in the performance of their
official duties. In all counties which
obtain probation services from the commissioner of corrections For a
non-CPO jurisdiction, the commissioner shall must, out of
appropriations provided therefor under subdivision 5a, paragraph (b),
pay probation officers the salary and all benefits fixed by the state law or
applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph
services, and travel and subsistence.
Subd. 5a. Department
of Corrections billing; CPO and non-CPO jurisdiction reimbursement. (a) At least every six months, the
commissioner must bill for the total cost and expenses incurred by the
commissioner on behalf of each non-CPO jurisdiction that has received probation
services. The commissioner must notify
each non-CPO jurisdiction of the cost and expenses, and the jurisdiction must
pay to the commissioner the amount due for reimbursement.
(b) Each county
receiving probation services from the commissioner of corrections shall CPO
and non-CPO jurisdiction must reimburse the Department of Corrections for
the total cost and expenses of such the probation services as
incurred by the commissioner of corrections, excluding the cost and
expense of services provided under the state's obligation for adult felony
supervision in section 244.20. Total
annual costs for each county shall be that portion of the total costs and
expenses for the services of one probation officer represented by the ratio
which the county's population bears to the total population served by one
officer. For the purposes of this
section, the population of any county shall be the most recent estimate made by
the Department of Health. At least every
six months the commissioner of corrections shall bill for the total cost and
expenses incurred by the commissioner on behalf of each county which has
received probation services. The
commissioner of corrections shall notify each
county of the cost and expenses
and the county shall pay to the commissioner the amount due for reimbursement. All such reimbursements shall be deposited in
the general fund. Money received
under this paragraph from a non‑CPO jurisdiction must be annually
appropriated to the commissioner for providing probation services to the
jurisdiction.
(c) Objections by a county
non-CPO jurisdiction to all allocation of such cost and expenses shall
must be presented to and determined by the commissioner of
corrections. Each county
providing probation services under this section is hereby authorized to use
unexpended funds and to levy additional taxes for this purpose.
(d) In addition to the
billing and reimbursement requirements under this section, invoicing and
payments for probation services are as provided under sections 401.14 and
401.15.
Subd. 5b. Office assistance. The county commissioners of any county of not more than 200,000 population shall, when requested to do so by the juvenile judge, provide probation officers with suitable offices, and may provide equipment, and secretarial help needed to render the required services.
Subd. 6. Reimbursement
of counties. In order to
reimburse the counties for the cost which they assume under this section of
providing probation and parole services to wards of the commissioner of
corrections and to aid the counties in achieving the purposes of this section,
the commissioner of corrections shall annually, from funds appropriated for
that purpose, pay 50 percent of the costs of probation officers' salaries to
all counties of not more than 200,000 population. Nothing in this section will invalidate any
payments to counties made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but
only to the extent that fringe benefits do not exceed those provided for state
civil service employees. On or before
July 1 of each even-numbered year each county or group of counties which
provide their own probation services to the district court under subdivision 1,
clause (1) or (2), shall submit to the commissioner of corrections an estimate
of its costs under this section. Reimbursement
to those counties shall be made on the basis of the estimate or actual
expenditures incurred, whichever is less.
Reimbursement for those counties which obtain probation services from
the commissioner of corrections pursuant to subdivision 1, clause (3), must be
made on the basis of actual expenditures.
Salary costs shall not be reimbursed unless county probation officers
are paid salaries commensurate with the salaries paid to comparable positions
in the classified service of the state civil service. The salary range to which each county probation
officer is assigned shall be determined by the authority having power to
appoint probation officers, and shall be based on the officer's length of
service and performance. The appointing
authority shall annually assign each county probation officer to a position on
the salary scale commensurate with the officer's experience, tenure, and
responsibilities. The judge shall file
with the county auditor an order setting each county probation officer's salary. Time spent by a county probation officer as a
court referee shall not qualify for reimbursement. Reimbursement shall be prorated if the
appropriation is insufficient. A new
position eligible for reimbursement under this section may not be added by a
county without the written approval of the commissioner of corrections. When a new position is approved, the
commissioner shall include the cost of the position in calculating each
county's share.
Subd. 7. Certificate
of counties entitled to state aid. On
or before January 1 of each year, until 1970 and on or before April 1
thereafter, the commissioner of corrections shall deliver to the commissioner
of management and budget a certificate in duplicate for each county of the
state entitled to receive state aid under the provisions of this section. Upon the receipt of such certificate, the
commissioner of management and budget shall issue a payment to the county
treasurer for the amount shown by each certificate to be due to the county
specified. The commissioner of
management and budget shall transmit such payment to the county treasurer
together with a copy of the certificate prepared by the commissioner of
corrections.
Subd. 8. Exception. This section shall not apply to Ramsey
County.
Sec. 5. Minnesota Statutes 2022, section 244.195, is amended to read:
244.195 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES,
AND PRETRIAL RELEASEES DEFINITIONS.
Subdivision 1. Definitions
Scope. (a) As used in this
subdivision For purposes of sections 244.195 to 244.24, the following
terms defined in this section have the meanings given them.
(b)
"Commissioner" means the commissioner of corrections.
(c) "Conditional
release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes
2004, section 609.108, subdivision 6; or Minnesota Statutes 2004, section
609.109, subdivision 7, work release as authorized by sections 241.26, 244.065,
and 631.425, probation, furlough, and any other authorized temporary release
from a correctional facility.
(d) "Court services
director" means the director or designee of a county probation agency that
is not organized under chapter 401.
(e) "Detain"
means to take into actual custody, including custody within a local
correctional facility.
(f) "Local
correctional facility" has the meaning given in section 241.021,
subdivision 1.
(g) "Release"
means to release from actual custody.
Subd. 2. Detention
pending hearing. When it
appears necessary to enforce discipline or to prevent a person on conditional
release from escaping or absconding from supervision, a court services director
has the authority to issue a written order directing any peace officer or any
probation officer in the state serving the district and juvenile courts to
detain and bring the person before the court or the commissioner, whichever is
appropriate, for disposition. This
written order is sufficient authority for the peace officer or probation
officer to detain the person for not more than 72 hours, excluding Saturdays,
Sundays, and holidays, pending a hearing before the court or the commissioner.
Subd. 3. Release
before hearing. A court
services director has the authority to issue a written order directing any
peace officer or probation officer serving the district and juvenile courts in
the state to release a person detained under subdivision 2 within 72 hours,
excluding Saturdays, Sundays, and holidays, without an appearance before the
court or the commissioner. This written
order is sufficient authority for the peace officer or probation officer to
release the detained person.
Subd. 4. Detention
of pretrial releasee. A court
services director has the authority to issue a written order directing any
peace officer or any probation officer serving the district and juvenile courts
in the state to detain any person on court-ordered pretrial release who
absconds from pretrial release or fails to abide by the conditions of pretrial
release. A written order issued under
this subdivision is sufficient authority for the peace officer or probation
officer to detain the person.
Subd. 6. Commissioner. "Commissioner" means the commissioner
of corrections.
Subd. 7. Detain. "Detain" means to take into
actual custody, including custody within a local correctional facility.
Subd. 8. Probation. "Probation" has the meaning
given in section 609.02, subdivision 15.
Subd. 9. Probation
agency. "Probation
agency" means an entity supervising an individual on probation, which may
include the Department of Corrections field services or an agency, including a
Tribal Nation, organized under section 244.19 or chapter 401.
Subd. 10. Probation
officer. "Probation
officer" means a county or Tribal probation officer or community
supervision officer employed by a probation agency.
Subd. 11. Probation
violation sanction. "Probation
violation sanction":
(1) includes but is not limited
to electronic monitoring, intensive probation, sentencing to service, reporting
to a day reporting center, substance use disorder or mental health treatment or
counseling, community work service, remote electronic alcohol monitoring,
random drug testing, and participation in an educational or restorative justice
program; and
(2) does not include any type of custodial sanction, including but not limited to detention and incarceration.
Subd. 12. Release. "Release" means to release
from actual custody.
Subd. 13. Sanctions
conference. "Sanctions
conference" means a voluntary conference at which a probation officer; an
individual on probation; and, if appropriate, other interested parties meet to
discuss the probation violation sanction imposed because of the individual's
technical violation.
Subd. 14. Sanctions
conference form. "Sanctions
conference form" means a plain-language form developed by a probation
agency with the approval of the district court that explains the sanctions conference
and that the individual on probation may elect to participate in the sanctions
conference or proceed to a judicial hearing.
Subd. 15. Technical
violation. "Technical
violation" means any violation of a court order of probation, except an
allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.
Sec. 6. [244.1951]
DETENTION AND RELEASE; INTERMEDIATE SANCTIONS; SUPERVISION CONTACTS.
Subdivision 1. Detention
pending hearing. (a) If
necessary to enforce discipline or to prevent an individual on probation from
escaping or absconding from supervision, a probation agency has the authority
to issue a written order directing any peace officer or any probation officer
in the state serving the district and juvenile courts to detain and bring the
individual before the court or the commissioner, whichever is appropriate, for
disposition.
(b) If an individual on
probation commits a violation under section 609.14, subdivision 1a, paragraph
(a), the probation agency must have a reasonable belief before issuing the
order that:
(1) the order is
necessary to prevent the person from escaping or absconding from supervision;
or
(2) the continued
presence of the person in the community presents the potential to cause further
harm to the public or self.
(c) An order under this
subdivision is sufficient authority for the peace officer or probation officer
to detain the person for no more than 72 hours, excluding Saturdays, Sundays,
and holidays, pending a hearing before the court or the commissioner.
Subd. 2. Release
before hearing. (a) A
probation agency has the authority to issue a written order directing any peace
officer or any probation officer serving the district and juvenile courts in
the state to release a person detained under subdivision 1 within 72 hours,
excluding Saturdays, Sundays, and holidays, without an appearance before the
court or the commissioner.
(b) An order under this
subdivision is sufficient authority for the peace officer or probation officer
to release the detained person.
Subd. 3. Detaining
pretrial releasee. (a) A
probation agency has the authority to issue a written order directing any peace
officer or any probation officer serving the district and juvenile courts in
the state to detain any person on court-ordered pretrial release who absconds
from pretrial release or fails to abide by the conditions of pretrial release.
(b) An order issued
under this subdivision is sufficient authority for the peace officer or
probation officer to detain the person.
Subd. 4. Intermediate
sanctions. (a) Unless the
district court directs otherwise, a probation officer may require a person
committed to the officer's care by the court to perform community work service
for violating a court‑imposed condition of probation. Community work service may be imposed to
deter behaviors that place the public at risk or to aid the person's
rehabilitation, or both.
(b) Community work
service may be imposed as follows:
(1) a probation officer
may impose up to eight hours of community work service for each violation and
up to a total of 24 hours per person per 12-month period, beginning on the date
on which community work service is first imposed; and
(2) the officer's
probation agency may authorize an additional 40 hours of community work
service, for a total of 64 hours per person per 12-month period, beginning with
the date on which community work service is first imposed.
(c) If community work
service is imposed, a probation officer must provide written notice to the
person in their care that states:
(1) the condition of
probation that has been violated;
(2) the number of hours
of community work service imposed for the violation; and
(3) the total number of
hours of community work service imposed to date in the 12-month period.
(d) A person on
probation supervision may challenge the imposition of community work service by
filing a petition in district court within five days of receiving written
notice that community work service is being imposed. If the person challenges the imposition of
community work service, the state bears the burden of showing, by a
preponderance of the evidence, that imposing community work service is
reasonable under the circumstances.
(e) For purposes of this
subdivision, "community work service" includes sentencing to service.
Subd. 5. Supervision
contacts. Supervision
contacts or appointments may be conducted over videoconference technology in
accordance with the probation agency's established policy.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to violations committed on or
after that date.
Sec. 7. Minnesota Statutes 2022, section 244.197, is amended to read:
244.197 INITIATION OF INITIATING SANCTIONS CONFERENCE.
Subdivision 1. Authority;
scope. (a) Unless the
district court directs otherwise, a probation agency may use a sanctions
conference to address an offender's a technical violation of probation
an individual on probation. If a
sanctions conference is used, sections 244.197 to 244.1995 apply.
(b) Sections 244.197 to 244.1995 apply to both adults and juveniles on probation.
Subd. 2. Violation
notice of violation. When
(a) If a probation agency has reason to believe that an offender an
individual on probation has committed a technical violation of probation,
the agency shall must:
(1) notify the offender
individual in writing of the specific nature of the technical violation;
and the scheduling of
(2) schedule a
sanctions conference, including the date, time, and location of the
sanctions conference.
(b) The notice shall
must also state that if the offender individual on probation
fails to appear at the sanctions conference, the probation agency may apprehend
and detain the offender individual under section 244.195 244.1951
and ask the court to commence initiate revocation proceedings
under section 609.14 and rule 27.04 of the Rules of Criminal Procedure.
(c) To the extent
feasible, the sanctions conference must take place within seven days of
mailing of the notice to after the offender individual on
probation is mailed the notice. The
notice must include the conference's date, time, and location.
Subd. 3. Providing
sanctions conference form; signed stipulation. At the a sanctions
conference, the county a probation officer shall must
provide the offender individual on probation with a copy of a
sanctions conference form explaining the sanctions conference and the
offender's options for proceeding. The
offender individual must:
(1) stipulate,
in writing, that the offender has individual:
(i) has received a
copy of the sanctions conference form; and that the offender
understands
(ii) understands the
information contained in the form and the options available to the
offender. The offender also must the
individual; and
(2) declare, in
writing, the offender's decision to either whether the individual
will participate in the sanctions conference or proceed with a judicial
hearing.
Sec. 8. Minnesota Statutes 2022, section 244.198, is amended to read:
244.198 PARTICIPATION PARTICIPATING IN SANCTIONS
CONFERENCE.
Subdivision 1. Election
Electing to participate. If the
offender an individual on probation elects to participate in the
sanctions conference, the county individual's probation officer shall
must inform the offender, individual:
(1) orally and,
in writing, and in a language and manner that the individual can understand
of the probation violation sanction that the county probation officer is
recommending for the technical violation of probation. The county probation officer shall inform the
offender; and
(2) that the probation
violation sanction becomes effective upon confirmation when confirmed
by a district court judge of the district court.
Subd. 1a. Alternatives
to incarceration. At a sanctions
conference regarding a nonviolent controlled substance offender, when the
offender does not present a risk to the public and the offender is amenable to
continued supervision in the community, a probation agency must identify
community options to address and correct the violation including, but not
limited to, inpatient substance use disorder treatment. If the agency determines that community
options are appropriate, the county probation officer shall recommend a
sanction that incorporates those options.
For purposes of this subdivision, "nonviolent controlled substance
offender" is a person who meets the criteria described under section
244.0513, subdivision 2, clauses (1), (2), and (5).
(a) At a sanctions
conference for a nonviolent controlled substance offender, a probation agency
must identify community options to address and correct an offender's technical
violation only if:
(1) the offender does
not present a risk to the public; and
(2) the offender is
amenable to continued supervision in the community.
(b) If the probation
agency determines that community options are appropriate and available in the
state, the probation officer must recommend a probation violation sanction that
incorporates the community options.
(c) For purposes of this
subdivision, "nonviolent controlled substance offender" means an
individual who meets the criteria under section 244.0513, subdivision 2,
clauses (1), (2), and (5).
Subd. 2. Report
to district court. (a) If the
offender an individual on probation elects to participate in the
sanctions conference, the county probation officer conducting the
sanctions conference shall must provide a report to the district
court containing:
(1) the specific nature of
the technical violation of probation;
(2) the notice provided to
the offender of the technical violation of probation and the scheduling of
the sanctions conference individual under section 244.197, subdivision 2;
(3) a copy of the offender's
individual's signed stipulation indicating that the offender received
a copy of the sanctions conference form and understood it and
declaration under section 244.197, subdivision 3; and
(4) a copy of the
offender's written declaration to participate in the sanctions conference; and
(5) (4) the
recommended probation violation sanction under subdivision 1 or 1a.
(b) The recommended
probation violation sanction becomes is effective when confirmed
by a judge., and the order of the court shall be is
proof of such confirmation.
Subd. 3. Response
to district court action. (a) Upon
the county probation officer's receipt of a confirmed order by the judge If
a probation officer receives a judge's confirmed order, the county
probation officer shall must notify both the offender
individual on probation and the prosecuting authority in writing that
the court has approved the probation violation sanction has been
approved by the court.
(b) If the court does not
confirm the officer's recommendation of the county probation officer,:
(1) the probation
violation sanction shall does not go into effect.;
(2) the county
probation officer shall must notify the offender individual
on probation that the court has not confirmed the sanction.; and
(c) If the court does
not confirm the recommendation, (3) the county probation
officer may ask the court to commence initiate revocation
proceedings under section 609.14.
Subd. 4. Appeal. An offender An individual on
probation may appeal the judge's confirmation of the probation violation
sanction as provided in rule 28.05 of the Rules of Criminal Procedure.
Sec. 9. Minnesota Statutes 2022, section 244.199, is amended to read:
244.199 ELECTION ELECTING NOT TO PARTICIPATE.
If the offender an
individual on probation elects not to participate in the sanctions
conference, the county probation officer may:
(1) ask the court to
initiate revocation proceedings or refer the matter to the appropriate
prosecuting authority for action under section 609.14. The county probation officer also may;
or
(2) take action to
apprehend and detain the offender individual under section 244.195
244.1951.
Sec. 10. Minnesota Statutes 2022, section 244.1995, is amended to read:
244.1995 SANCTIONS CONFERENCE PROCEDURES.
The chief executive officer
of a local corrections agency probation agency, with approval of
the district court, shall must develop procedures for the
sanctions conference identified in under sections 244.196 244.197
to 244.199, and develop a sanctions conference form that includes notice
to the offender individual on probation:
(1) of the specific
court-ordered condition of release probation that the offender
individual has allegedly violated, the probation officer's authority to
ask the court to revoke the offender's individual's probation for
the technical violation, and the offender's individual's right to
elect to participate in a sanctions conference to address the technical
violation in lieu of the probation officer asking the court to revoke the offender's
individual's probation;
(2) that participation in
the sanctions conference is in lieu of a court hearing under section 609.14,
and that, if the offender individual elects to participate
in the sanctions conference, the offender individual must admit,
or agree not to contest, the alleged technical violation and must waive the
right to contest the violation at a judicial hearing, present evidence, call
witnesses, cross-examine the state's witnesses, and be represented by counsel;
(3) that, if the offender
individual chooses, the offender has a right individual is
entitled to a hearing before the court under section 609.14, for a
determination of whether the offender individual committed the
alleged violation, including the right to be present at the hearing, to
cross-examine witnesses, to have witnesses subpoenaed for the offender individual,
to have an attorney present or to have an attorney appointed if the offender
individual cannot afford one, and to require the state to prove the
allegations against the offender individual;
(4) that if, after a hearing, the court finds that the violations have been proven, the court may continue the sentence, subject to the same, modified, or additional conditions, or order a sanction that may include incarceration, additional fines, revocation of the stay of sentence, imposition of sentence, or other sanctions;
(5) that the decision to
participate in the sanctions conference will not result in the probation
officer recommending revocation of the offender's individual's
stay of sentence, unless the offender individual subsequently
fails to successfully complete the probation violation sanction by a
specified date;
(6) that various types of
probation violation sanctions may be imposed and that the probation violation
sanctions imposed on the offender individual will depend on the
nature of the individual's technical violation, the offender's
criminal history, and the offender's level of supervision;
(7) that the probation
violation sanctions supplement any existing conditions of release probation;
and
(8) that participation in
the sanctions conference requires completion of completing all
probation violation sanctions imposed by the probation agency, and that failure
failing to successfully complete the any imposed probation
violation sanctions sanction could result in additional sanctions
or the commencement of initiation of revocation proceedings under
section 609.14.
Sec. 11. Minnesota Statutes 2022, section 244.20, is amended to read:
244.20 PROBATION; FELONY SUPERVISION.
Notwithstanding sections
244.19, subdivision 1 subdivisions 1 to 1d, and 609.135,
subdivision 1, the Department of Corrections shall have:
(1) has exclusive
responsibility for providing probation services for adult felons in counties and
Tribal Nations that do not take part in the Community Corrections Act. In counties that do not take part in the
Community Corrections Act, the responsibility for providing probation services
for individuals convicted of gross misdemeanor offenses shall be discharged
according to local judicial policy. subsidy program under chapter 401;
and
(2) to provide felony
supervision, retains the county's or Tribal Nation's funding allotted under
section 401.10 for providing felony probation services.
Sec. 12. Minnesota Statutes 2022, section 244.21, is amended to read:
244.21 INFORMATION ON OFFENDERS UNDER SUPERVISION INDIVIDUALS
ON PROBATION; REPORTS.
Subdivision 1. Collection
of Collecting information by probation service providers; report
required. By January 1, 1998,
(a) Probation service providers shall begin collecting and
maintaining must collect and maintain information on offenders
under supervision. individuals on probation, and the commissioner of
corrections shall must specify the nature and extent of the
information to be collected and made available to the commissioner.
(b) As a condition of
state subsidy funding under section 401.10, each probation agency must by
April 1 of every each year, each probation service provider
shall report:
(1) a summary of the
information collected to the commissioner under paragraph (a); and
(2) any other probation- and supervision-related data necessary for the Department of Corrections' mandated legislative reports.
Subd. 2. Commissioner
of corrections; report. By
January 15, 1998 each year, the commissioner of corrections
shall must report to the chairs of the senate crime prevention
and house of representatives judiciary legislative committees with
jurisdiction over public safety policy and finance on recommended methods
of coordinating the exchange of information collected on offenders individuals
on probation under subdivision 1:
(1) between probation service providers; and
(2) between probation
service providers and the Department of Corrections, without requiring
service providers to acquire uniform computer software.
Sec. 13. Minnesota Statutes 2022, section 244.24, is amended to read:
244.24 CLASSIFICATION SYSTEM FOR ADULT OFFENDERS ASSESSING
RISK FOR INDIVIDUALS ON PROBATION.
By February 1, 1998,
All probation agencies shall must adopt written policies for classifying
adult offenders. The commissioner of
corrections shall assist probation agencies in locating organizations that may
provide training and technical assistance to the agencies concerning methods to
develop and implement effective, valid classification systems assessing
risk levels for individuals on probation.
A probation agency must use a risk screener and risk and needs
assessment tools as prescribed by its written policies.
Sec. 14. [244.33]
COMMUNITY SUPERVISION; TARGETED INNOVATION GRANTS.
(a) The community
supervision targeted innovation grant account is established in the special
revenue fund in the state treasury. Appropriations
and transfers to the account are credited to the account. Earnings, such as interest, dividends, and
any other earnings arising from assets of the account, are credited to the
account. Money remaining in the account
at the end of the fiscal year is not canceled to the general fund but remains
in the account until expended. Money in
the account is annually appropriated to the commissioner.
(b) The commissioner
must award grants to applicants that operate, or intend to operate, innovative
programs that target specific aspects of community supervision that align with
risk, need, and responsivity principles.
When awarding grants, the commissioner must seek to ensure geographical
and equitable representation across the state.
The programs may include but are not limited to:
(1) access to community
treatment options to address and correct behavior that is, or is likely to
result in, a technical violation of the conditions of supervision or release;
(2) reentry services;
(3) restorative justice;
(4) juvenile diversion;
(5) family-centered
approaches to supervision;
(6) funding the cost to
implement programming and support services that decrease an individual's level
of risk for continued recidivism or revocation based on interventions found
effective through research-guided practices; and
(7) alternatives to
incarceration programs.
(c) Grant recipients must
provide an annual report to the commissioner that includes:
(1) the services
provided by the grant recipient;
(2) the number of
individuals served in the previous year and their supervision and risk
assessment levels;
(3) measurable outcomes
of the recipient's program; and
(4) any other
information required by the commissioner.
(d) By January 15, 2025,
and each year thereafter, the commissioner must report to the chairs and
ranking minority members of the legislative committees with jurisdiction over
criminal justice policy and finance on how the grant funding in this section was
used. The report must detail the impact
that the funding had on improving community supervision practices and outcomes.
(e) For any
appropriation under this section, the commissioner may use up to five percent
of the appropriation to administer the grants.
Sec. 15. Minnesota Statutes 2022, section 401.01, is amended to read:
401.01 COMMUNITY CORRECTIONS ACT; PURPOSE AND DEFINITION;
ASSISTANCE GRANTS.
Subdivision 1. Grants
Subsidies for community-based correctional programs. For the purpose of (a) To
more effectively protecting protect society and to promote
efficiency and economy in the delivery of delivering correctional
services, the commissioner is authorized to make grants to assist may
subsidize counties in the development and Tribal Nations to help
them develop, implementation implement, and operation of
operate community-based corrections correctional programs,
including:
(1) preventive or
diversionary correctional programs,;
(2) conditional
release programs,;
(3) community
corrections centers,; and
(4) facilities for the
detention detaining or confinement confining, care
caring, and treatment of treating persons convicted of
crime or adjudicated delinquent. The
commissioner may authorize the use of a percentage of a grant for the operation
of an emergency shelter or make a separate grant for the rehabilitation of a
facility owned by the grantee and used as a shelter to bring the facility into
compliance with state and local laws pertaining to health, fire, and safety,
and to provide security.
(b) Counties and Tribal
Nations must use risk, need, and responsivity principles in their correctional
programming.
Subd. 2. Definitions. (a) For the purposes of sections
401.01 to 401.16 this chapter, the following terms defined
in this subdivision have the meanings given them.
(b) "CCA
county" "CCA jurisdiction" means a county or
Tribal Nation that participates in the Community Corrections Act, the
subsidy program under this chapter.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional
release" means:
(1) parole,
supervised release, or conditional release as authorized by section
609.3455, subdivision 6, 7, or 8; Minnesota
Statutes 2004, section 609.108, subdivision 6; or Minnesota Statutes 2004,
section 609.109, subdivision 7,;
(2) work release as
authorized by sections 241.26, 244.065, and 631.425,; and
(3) probation, furlough, and any other authorized temporary release from a correctional facility.
(e) "County
probation officer" means a probation officer appointed under section
244.19.
(f) (e)
"Detain" means to take into actual custody, including custody within
a local correctional facility.
(g) (f) "Joint
board" means the board provided in under section 471.59.
(h) "Local
correctional facility" has the meaning given in section 241.021,
subdivision 1.
(i) "Local
correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.
(g) "Non-CCA
jurisdiction" means a county or Tribal Nation that is not participating in
the Community Corrections Act subsidy program and provides or receives
probation services according to section 244.19.
(h) "Probation
officer" means a county or Tribal probation officer under a CCA or non-CCA
jurisdiction appointed with the powers under section 244.19.
(j) (i) "Release"
means to release from actual custody.
(j) "Tribal
Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.
Sec. 16. Minnesota Statutes 2022, section 401.02, is amended to read:
401.02 COUNTIES OR REGIONS; INCLUDED CORRECTIONAL SERVICES INCLUDABLE.
Subdivision 1. Qualification
of counties requirements. (a)
One or more counties, having an aggregate population of 30,000 or more
persons, A county or Tribal Nation may qualify for a grant as
provided in the subsidy program under section 401.01 by the
enactment of appropriate resolutions creating and establishing a corrections
advisory board,:
(1) designating the
an officer or agency to be responsible for administering grant
funds, the subsidy; and providing for the preparation of
(2) preparing a
comprehensive plan for the development developing, implementation
implementing, and operation of operating the correctional
services described in section 401.01, including the assumption of those
correctional services, other than the operation of state facilities, presently
provided in such counties by the Department of Corrections, and providing for
centralized administration and control of those correctional services described
in section 401.01 under this chapter.
(b) When preparing a
comprehensive plan, a county or Tribal Nation must:
(1) provide correctional
services, not including the operation of state facilities, that are currently
provided by the Department of Corrections or, for Tribal Nations, probation
services in a Tribal Nation;
(2) provide for centralized
administration and control of the correctional services; and
(3) enact the appropriate
resolutions to create and establish a local advisory board.
Where (c) If
counties or Tribal Nations combine as authorized in under
this section, they shall must comply with the provisions of
section 471.59. Unless the context
indicates otherwise, a CCA or non-CCA jurisdiction includes a group of counties
or a group of Tribal Nations.
Subd. 1a. Continued
eligibility. (b) A county
single CCA jurisdiction that has participated in the Community
Corrections Act for five or more years is eligible to may
continue to participate in the Community Corrections Act.
Subd. 2. Planning
counties; expenses of corrections advisory board members expenses. (a) To assist counties which
have a county or Tribal Nation that has complied with the
provisions of subdivision 1 and require requires financial
aid to defray all or a part of the expenses incurred by corrections advisory
board members in discharging their official duties pursuant according
to section 401.08, the commissioner may:
(1) designate counties
the county or Tribal Nation as "planning counties", a
"planning county"; and,
(2) upon receipt
of resolutions receiving a resolution by the governing boards
board of the counties county or Tribal Nation certifying
the need for and inability to pay the expenses described in under
this subdivision, advance to the counties county or Tribal Nation
an amount not to exceed five percent of the maximum quarterly subsidy for which
the counties are county or Tribal Nation is eligible.
(b) The expenses described
in under this subdivision shall must be paid in the
same manner and amount as for state employees.
Subd. 3. Establishment
Establishing and reorganization of reorganizing
administrative structure. (a)
Any county or group of counties which have Tribal Nation that has
qualified for participation participating in the community
corrections subsidy program provided by this chapter may establish,
organize, and reorganize an administrative structure and provide for the
budgeting:
(1) budget, staffing
staff, and operation of operate court services and
probation, construction;
(2) construct or improvement
to improve juvenile detention and juvenile correctional facilities
and adult detention and correctional facilities,; and
(3) provide for other
activities required to conform to the purposes of this chapter.
(b) No contrary
general or special statute other law divests any county or group
of counties Tribal Nation of the authority granted by under
this subdivision.
Subd. 5. Intermediate
sanctions. Unless the district
court directs otherwise, county probation officers may require a person
committed to the officer's care by the court to perform community work service
for violating a condition of probation imposed by the court. Community work service may be imposed for the
purpose of protecting the public, to aid the offender's rehabilitation, or both. Probation officers may impose up to eight
hours of community work service for each violation and up to a total of 24
hours per offender per 12-month period, beginning on the date on which
community work service is first imposed.
The chief executive officer of a community corrections agency may
authorize an additional 40 hours of community work service, for a total of 64 hours
per offender per 12-month period, beginning with the date on which community
work service is first imposed. At the
time community work service is imposed, probation officers are required to
provide written notice to the offender that states:
(1) the condition of
probation that has been violated;
(2) the number of hours of
community work service imposed for the violation; and
(3) the total number of
hours of community work service imposed to date in the 12-month period.
An offender may
challenge the imposition of community work service by filing a petition in
district court. An offender must file
the petition within five days of receiving written notice that community work
service is being imposed. If the
offender challenges the imposition of community work service, the state bears
the burden of showing, by a preponderance of the evidence, that the imposition
of community work service is reasonable under the circumstances.
Community work service
includes sentencing to service.
Subd. 6. Tribal
Nation; sovereignty; state consultation.
(a) Nothing in this chapter relating to correctional services is
intended to infringe on the sovereignty of a Tribal Nation. Notwithstanding any other law to the contrary
and to the extent consistent with a Tribal Nation's sovereignty, a Tribal
Nation is subject to the same requirements and has the same authority as a
county participating in the subsidy program or as a non-CCA jurisdiction under
this chapter.
(b) The Department of
Corrections and the Community Supervision Advisory Committee under section
401.17 must consult with Tribal Nations and offer guidance as necessary to
implement and fulfill the purposes of this chapter.
Sec. 17. Minnesota Statutes 2022, section 401.025, is amended to read:
401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL RELEASEES, AND
PRETRIAL RELEASEES.
Subdivision 1. Peace
officers and probation officers serving CCA counties jurisdictions. (a) When it appears If
necessary to enforce discipline or to prevent a person on conditional release
from escaping or absconding from supervision, the chief executive officer or
designee of a community corrections agency in a CCA county jurisdiction
has the authority to issue a written order directing any peace officer or
any probation officer in the state serving the district and juvenile courts to
detain and bring the person before the court or the commissioner, whichever is
appropriate, for disposition. This
written order is sufficient authority for the peace officer or probation
officer to detain the person for not more than 72 hours, excluding Saturdays,
Sundays, and holidays, pending a hearing before the court or the commissioner
as provided under section 244.1951, subdivisions 1 to 3.
(b) The chief executive
officer or designee of a community corrections agency in a CCA county has the
authority to issue a written order directing a peace officer or probation
officer serving the district and juvenile courts to release a person detained under
paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays,
without an appearance before the court or the commissioner. This written order is sufficient authority
for the peace officer or probation officer to release the detained person.
(c) The chief executive
officer or designee of a community corrections agency in a CCA county has the
authority to issue a written order directing any peace officer or any probation
officer serving the district and juvenile courts to detain any person on
court-ordered pretrial release who absconds from pretrial release or fails to
abide by the conditions of pretrial release.
A written order issued under this paragraph is sufficient authority for
the peace officer or probation officer to detain the person.
Subd. 2. Peace
officers and probation officers in other counties and state correctional
investigators. (a) The chief
executive officer or designee of a community corrections agency in a CCA
county jurisdiction has the authority to issue a written order
directing any state correctional investigator or any, peace
officer, or probation officer, or county probation officer from
another county to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive
officer or designee of a community corrections agency in a CCA county
jurisdiction has the authority to issue a written order directing any
state correctional investigator or any, peace officer, or
probation officer, or county probation officer from another county to
detain any person on court-ordered pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
(c) A written An
order issued under paragraph (a) or (b) is sufficient authority for the state
correctional investigator, peace officer, or probation officer, or
county probation officer to detain the person.
Subd. 3. Offenders
Individuals under Department of Corrections commitment. CCA All counties shall
and Tribal Nations must comply with the policies prescribed by the
commissioner when providing supervision and other correctional services to persons
individuals conditionally released pursuant according to
sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including
intercounty transfer of persons individuals on conditional
release and the conduct of presentence investigations.
Sec. 18. Minnesota Statutes 2022, section 401.03, is amended to read:
401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.
(a) The commissioner
shall must, as provided in chapter 14, promulgate adopt
rules for the implementation of sections 401.01 to 401.16, to
implement this chapter and shall provide consultation and technical
assistance to counties and Tribal Nations to aid help them
in the development of develop comprehensive plans.
(b) The time limit to
adopt rules under section 14.125 does not apply.
Sec. 19. Minnesota Statutes 2022, section 401.04, is amended to read:
401.04 ACQUISITION OF ACQUIRING PROPERTY; SELECTION OF
SELECTING ADMINISTRATIVE STRUCTURE; EMPLOYEES.
Subdivision 1. County
and Tribal Nation authority. Any
county or group of counties Tribal Nation electing to come
within the provisions of sections 401.01 to 401.16 become a CCA
jurisdiction may (a):
(1) acquire by any
lawful means, including purchase, lease, or transfer of custodial
control, the lands, buildings, and equipment necessary and incident to the
accomplishment of accomplishing the purposes of sections 401.01
to 401.16, (b) this chapter;
(2) determine and
establish the an administrative structure best suited to the
efficient administration and delivery of the correctional services described
in section 401.01, and (c); and
(3) employ a director and
other officers, employees, and agents as deemed necessary to carry
out the provisions of sections 401.01 to 401.16 implement this chapter.
Subd. 2. Providing
for displaced employees. (a)
To the extent that participating counties shall assume and take a
county assumes and takes over state and local correctional services
presently provided in counties, employment shall be given to those state and
local officers, employees and agents thus displaced; the county, the
probation officers and other employees displaced by the changeover must be
employed by the county at no loss of salary.
Years of service in the state are to be given full credit for future
sick leave and vacation accrual purposes.
(b) If an officer
or other employee is hired by a county, employment shall must,
to the extent possible and notwithstanding the provisions of any other
law or ordinance to the contrary, be deemed a transfer in grade with all
of the benefits enjoyed by such the officer, or
employee or agent while in the service of the state or local
correctional service.
(c) State or local
employees displaced by county participation in the subsidy program provided
by this chapter are on layoff status and, if not hired by a participating
county as provided herein under this subdivision, may exercise
their rights under layoff procedures established by law or union collective-bargaining
agreement, whichever is applicable.
(d) State or local
officers and employees displaced by a county's participation in the Community
Corrections Act and hired by the participating county shall retain all
fringe benefits and recall from layoff benefits accrued by seniority and
enjoyed by them while in the service of the state.
(e) This subdivision
applies to the extent consistent with state and Tribal law.
Sec. 20. Minnesota Statutes 2022, section 401.05, subdivision 1, is amended to read:
Subdivision 1. Authorization
to use and accept funds. (a)
Any county or group of counties electing to come within the
provisions of sections 401.01 to 401.16 become a CCA jurisdiction
may, through their its governing bodies, body:
(1) use unexpended funds;
(2) accept gifts, grants, and subsidies from any lawful source; and
(3) apply for and accept federal funds.
(b) This section applies
to Tribal Nations, to the extent consistent with the laws of their respective
Tribal governments.
Sec. 21. Minnesota Statutes 2022, section 401.06, is amended to read:
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY; COMPLIANCE.
Subdivision 1. Commissioner
approval required. No (a)
A county or group of counties electing to provide correctional services
pursuant to sections 401.01 to 401.16 shall be eligible Tribal Nation is
ineligible for the its calculated subsidy herein provided
under section 401.10 unless and until its comprehensive plan shall
have has been approved by the commissioner.
(b) A non-CCA jurisdiction
providing adult misdemeanant and juvenile probation services to district courts
according to section 244.19, subdivision 1b, paragraph (b) or (c), must develop
a comprehensive plan in consultation with the commissioner. To the extent consistent with this chapter
and section 244.19, a non-CCA jurisdiction under this paragraph is subject to
all the subsidy-related standards and requirements under this chapter and to
all supervision standards and commissioner-prescribed policies.
(c) If the commissioner
provides probation services to a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (d), the commissioner must prepare a comprehensive
plan for the non-CCA jurisdiction and present it to the local county board of
commissioners or Tribal government. To
the extent consistent with this chapter and section 244.19, the commissioner is
subject to all the subsidy-related standards and requirements under this
chapter and to all supervision standards and commissioner-prescribed policies.
(d) All comprehensive
plans must:
(1) comply with
commissioner-developed standards and reporting requirements, including
requirements under section 401.11, subdivision 1;
(2) provide a budget for
planned correctional services and programming; and
(3) sufficiently address
community needs and supervision standards, including strategic planning that
ties planned correctional services and programming to successful community
supervision outcomes, including but not limited to reducing an individual's assessed
level of risk for recidivism and addressing an individual's needs that lead to
positive adjustment and prosocial behavior.
(e) Each CCA and non-CCA
jurisdiction must track and report on the use of correctional fees under
section 244.18 in their comprehensive plans.
At a minimum, each jurisdiction must report on the types of correctional
services for which fees were imposed, the aggregate amount of fees imposed, and
the amount of fees collected.
(f) A comprehensive plan
is valid for four years, and a corrections advisory board or non-CCA
jurisdiction must review and update its plan two years after the plan has been
approved or two years after submission to the commissioner, whichever is
earlier. An updated plan must include an
updated budget and list which services that a county or Tribal Nation plans to
provide before its next four-year comprehensive plan.
(g) All approved
comprehensive plans, including updated plans, must be made publicly available
on the Department of Corrections website.
Subd. 2. Rulemaking. The commissioner shall, pursuant to
must, in accordance with the Administrative Procedure Act, promulgate
adopt rules establishing standards of eligibility for counties and
Tribal Nations to receive a subsidy and other funds under sections
401.01 to 401.16 this chapter.
Subd. 3. Substantial
compliance required. (a) To
remain eligible for the subsidy counties shall, a CCA and
non-CCA jurisdiction must maintain substantial compliance with the minimum
standards, as applicable, established pursuant according
to sections 401.01 to 401.16 and this chapter and the policies
and procedures governing the services described in under section
401.025, subdivision 3, as prescribed by the commissioner. Counties shall also
(b) A CCA and non-CCA
jurisdiction must:
(1) be in
substantial compliance with other correctional operating standards permitted by
law and established by the commissioner; and shall
(2) report statistics
data required by the commissioner in accordance with section 244.21,
including but not limited to data under this chapter and information on
individuals convicted as an extended jurisdiction juvenile identified in
under section 241.016, subdivision 1, paragraph (c).
Subd. 4. Commissioner
review. (a) The
commissioner shall must review annually the comprehensive
plans submitted by participating counties all comprehensive plans,
including the facilities and programs operated under the plans. The commissioner is hereby authorized to
may enter upon any facility operated under the plan, and
inspect books and records, for purposes of recommending needed changes
or improvements.
When (b) If
the commissioner shall determine determines that there are
reasonable grounds to believe that a county or group of counties CCA
or non-CCA jurisdiction is not in substantial compliance with minimum
standards, the commissioner must provide at least 30 days' notice shall
be given to the county or counties and CCA or non‑CCA
jurisdiction of a commissioner-conducted hearing conducted by the
commissioner to ascertain whether there is substantial compliance or
satisfactory progress being made toward compliance.
Subd. 5. Noncompliance;
remedies. (a) After a
hearing, the commissioner may sanction a CCA or non-CCA jurisdiction according
to this subdivision if the commissioner determines that the CCA or non-CCA
jurisdiction is not maintaining substantial compliance with minimum standards
or that satisfactory progress toward compliance has not been made.
(b) The commissioner
may:
(1) suspend all or a
portion of any subsidy until the required standard of operation has been met.
without issuing a corrective action plan; or
(2) issue a corrective
action plan.
(c) A corrective action
plan must:
(1) be in writing;
(2) identify all
deficiencies;
(3) detail the
corrective action required to remedy the deficiencies; and
(4) provide a deadline
to:
(i) correct each
deficiency; and
(ii) report to the
commissioner progress toward correcting the deficiency.
(d) After the deficiency
has been corrected, documentation must be submitted to the commissioner
detailing compliance with the corrective action plan. If the commissioner determines that the CCA
or non-CCA jurisdiction has not complied with the plan, the commissioner may
suspend all or a portion of the subsidy.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to all four-year comprehensive
plans submitted on or after that date.
Sec. 22. Minnesota Statutes 2022, section 401.08, is amended to read:
401.08 CORRECTIONS ADVISORY BOARD.
Subdivision 1. Board
members of board. The A
corrections advisory board provided in section 401.02, subdivision 1, shall
must consist of at least nine members, who shall must
be representative of law enforcement, prosecution, the judiciary, education,
corrections, ethnic minorities different ethnicities, the social
services, and the lay citizen general public.
Subd. 2. Appointment;
terms. (a) The members of the
a corrections advisory board shall must:
(1) be appointed by
the board of county commissioners or, respective Tribal Nation
government, or the joint board in the case of multiple counties and
shall or Tribal Nations;
(2) serve for terms
of two years from and after the date of their appointment,; and shall
(3) remain in office until their successors are duly appointed.
The (b) A
board may elect its own officers.
Subd. 3. Joint
corrections advisory board. Where
If two or more counties or Tribal Nations combine to come
within the provisions of sections 401.01 to 401.16 become a CCA
jurisdiction, the joint corrections advisory board shall must
contain representation as provided in under subdivision 1, but
the board members comprising the board may come from each of the
participating counties or Tribal Nations as may be determined by
agreement of the counties or Tribal Nations.
Subd. 4. Comprehensive plan. The A corrections advisory
board provided in sections 401.01 to 401.16, shall must:
(1) actively
participate in the formulation of formulating the comprehensive
plan for the development, implementation, and operation of developing,
implementing, and operating the correctional program programming
and services described in section 401.01, under this chapter; and
shall
(2) make a formal
recommendation to the county board or joint board CCA jurisdiction
at least annually concerning on the comprehensive plan and its
implementation during the ensuing year.
Subd. 5. Committee
structure. (a) If a
corrections advisory board carries out its duties through the implementation
of with a committee structure, the composition of each committee or
subgroup shall generally should reflect the membership of the
entire board.
(b) All proceedings
of the corrections advisory board and any board committee or other
subgroup of the board shall must be open to the public;,
and all votes taken of board members of the board shall must
be recorded and shall become matters of public record.
Subd. 6. Board
rules. The A
corrections advisory board shall promulgate must adopt and
implement rules concerning attendance of members on member attendance
at board meetings. A rule under this
subdivision does not meet the definition of a rule under section 14.02, subdivision
4.
Sec. 23. Minnesota Statutes 2022, section 401.09, is amended to read:
401.09 OTHER GRANT OR SUBSIDY PROGRAMS; PURCHASE OF PURCHASING
STATE SERVICES.
Subdivision 1. Eligibility
for other programs. Failure
of a county or group of counties A decision by a county or Tribal Nation
to elect to come within the provisions of sections 401.01 to 401.16 shall
not become a CCA jurisdiction does not affect their its
eligibility for any other state grant or subsidy for correctional
purposes otherwise provided by law.
Subd. 2. Contracting
for correctional services. Any
A comprehensive plan submitted pursuant according to sections
401.01 to 401.16 this chapter may include the purchase of
selected allow for contracting with the state to provide certain
correctional services from the state by contract, including the
temporary detention and confinement of persons convicted of crime or
adjudicated delinquent;, with confinement to be in an
appropriate state facility as otherwise provided by law.
Subd. 3. Determining
cost of correctional services. The
commissioner shall must annually determine the costs of the purchase
of contracted services under this section subdivision 2
and deduct them from the subsidy due and payable to the county or counties
concerned; provided that no or Tribal Nation if a contract shall
under subdivision 2 does not exceed in cost the amount of subsidy to
which the participating county or counties are Tribal Nation is
eligible.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to all four-year comprehensive
plans submitted on or after that date.
Sec. 24. Minnesota Statutes 2022, section 401.10, is amended to read:
401.10 FUNDING COMMUNITY CORRECTIONS AID SUPERVISION.
Subdivision 1. Aid
calculations Community supervision funding formula. To determine the community corrections
aid amount to be paid to each participating county, the commissioner of
corrections must apply the following formula:
(1) For each of the 87
counties in the state, a percent score must be calculated for each of the
following five factors:
(i) percent of the total
state population aged ten to 24 residing within the county according to the
most recent federal census, and, in the intervening years between the taking of
the federal census, according to the most recent estimate of the state demographer;
(ii) percent of the
statewide total number of felony case filings occurring within the county, as
determined by the state court administrator;
(iii) percent of the
statewide total number of juvenile case filings occurring within the county, as
determined by the state court administrator;
(iv) percent of the
statewide total number of gross misdemeanor case filings occurring within the
county, as determined by the state court administrator; and
(v) percent of the total
statewide number of convicted felony offenders who did not receive an executed
prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
The percents in items (ii) to
(v) must be calculated by combining the most recent three-year period of
available data. The percents in items
(i) to (v) each must sum to 100 percent across the 87 counties.
(2) For each of the 87
counties, the county's percents in clause (1), items (i) to (v), must be
weighted, summed, and divided by the sum of the weights to yield an average
percent for each county, referred to as the county's "composite need
percent." When performing this
calculation, the weight for each of the percents in clause (1), items (i) to
(v), is 1.0. The composite need percent
must sum to 100 percent across the 87 counties.
(3) For each of the 87
counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is
defined for cities in section 477A.011, subdivision 20, divided by the statewide
total adjusted net tax capacity amount. The
adjusted net tax capacity percent must sum to 100 percent across the 87
counties.
(4) For each of the 87
counties, the county's composite need percent must be divided by the county's
adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base
adjusted need percent."
(5) For each of the 87
counties, the county's tax base adjusted need percent must be added to twice
the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
(6) Each participating
county's weighted need percent must be added to the weighted need percent of
each other participating county to yield the "total weighted need percent
for participating counties."
(7) Each participating
county's weighted need percent must be divided by the total weighted need
percent for participating counties to yield the county's "share percent."
The share percents for participating
counties must sum to 100 percent.
(8) Each participating
county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in
caseload or workload reduction, felony caseload reduction, and sex offender
supervision grants in fiscal year 2015, as reported by the commissioner of
corrections. In fiscal year 1997 and
thereafter, no county's aid amount under this section may be less than its base
funding amount, provided that the total amount appropriated for this purpose is
at least as much as the aggregate base funding amount defined in clause (9).
(9) The "aggregate
base funding amount" is equal to the sum of the base funding amounts for
all participating counties. If a county
that participated under this section chooses not to participate in any given
year, then the aggregate base funding amount must be reduced by that county's
base funding amount. If a county that
did not participate under this section in fiscal year 1995 chooses to
participate on or after July 1, 2015, then the aggregate base funding amount
must be increased by the amount of aid that the county would have received had
it participated in fiscal year 1995 plus the estimated amount it would have
received in caseload or workload reduction, felony caseload reduction, and sex
offender supervision grants in fiscal year 2015, as reported by the
commissioner of corrections, and the amount of increase shall be that county's
base funding amount.
(10) In any given year,
the total amount appropriated for this purpose first must be allocated to
participating counties in accordance with each county's base funding amount. Then, any remaining amount in excess of the
aggregate base funding amount must be allocated to participating counties in
proportion to each county's share percent, and is referred to as the county's
"formula amount."
Each participating
county's "community corrections aid amount" equals the sum of (i) the
county's base funding amount, and (ii) the county's formula amount.
(11) However, if in any year
the total amount appropriated for the purpose of this section is less than the
aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount
multiplied by (ii) the ratio of the total amount appropriated to the aggregate
base funding amount.
For each participating
county, the county's community corrections aid amount calculated in this
subdivision is the total amount of subsidy to which the county is entitled
under sections 401.01 to 401.16.
(a) Beginning July 1,
2023, the community supervision subsidy paid to each county, the commissioner
for supervision of non-CCA jurisdictions served by the Department of
Corrections, and each applicable Tribal Nation under paragraph (e) equals the
sum of:
(1) a base funding amount equal to $150,000; and
(2) a community supervision formula equal to the sum of:
(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied by the sum of the county's or Tribal Nation's adult felony population, adult supervised release and parole populations, and juvenile supervised release and parole populations as reported in the most recent probation survey published by the commissioner, multiplied by 365; and
(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile populations as reported in the most recent probation survey published by the commissioner, multiplied by 365.
(b) For a non-CCA
jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c), the
base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.
(c) If in any year the total amount appropriated for the purpose of this section is more than or less than the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal Nation's base funding plus community supervision formula funding is adjusted by the ratio of amounts appropriated for this purpose divided by the total of base funding plus community supervision formula funding for all counties and applicable Tribal Nations.
(d) If in any year the
base funding plus the community supervision formula amount based on what was
appropriated in fiscal year 2024 is less than the funding paid to the county in
fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not
eligible for additional funding under this paragraph unless the base funding
plus community supervision formula results in an increase in funding for the
county based on what was appropriated in the previous fiscal year. This paragraph expires June 30, 2029.
(e) For each Tribal
Nation, a funding amount of $250,000 is allotted annually to purchase probation
services or probation-related services, including contracted services, but a
Tribal Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under
section 244.19, subdivision 1b, paragraph (b) or (c), is an applicable Tribal
Nation under paragraphs (a) to (c) and:
(1) has the Tribal
Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and
(2) is allotted a base
funding amount equal to $150,000 plus an amount as determined according to the
community supervision formula under paragraph (a), clause (2).
Subd. 2. Transfer
of funds. Notwithstanding any
law to the contrary, the commissioner of corrections, after notifying the
committees on finance of the senate and ways and means of the house of
representatives, may, at the end of any fiscal year, transfer any unobligated
funds in any appropriation to the Department of Corrections to the
appropriation under sections 401.01 to 401.16, which appropriation shall not
cancel but is reappropriated for the purposes of sections 401.01 to 401.16.
Subd. 3. Formula
review. Prior to January 16,
2002, the committees with jurisdiction over community corrections funding
decisions in the house of representatives and the senate, in consultation with
the Department of Corrections and any interested county organizations, must
review the formula in subdivision 1 and make recommendations to the legislature
for its continuation, modification, replacement, or discontinuation.
Subd. 4. Report. (a) By January 15, 2025, and every
year thereafter, the commissioner must submit a report to the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy. At a minimum, the report must summarize and
contain the following data:
(1) the commissioner's
workload study under section 401.17, subdivision 4;
(2) the commissioner's
collected caseload data under section 244.21, subdivision 1; and
(3) projected growth in
the community supervision formula calculated by analyzing caseload trends and
data.
(b) The report may be
made in conjunction with reporting under section 244.21.
EFFECTIVE DATE. This
section is effective July 1, 2023.
Sec. 25. Minnesota Statutes 2022, section 401.11, is amended to read:
401.11 COMPREHENSIVE PLAN ITEMS; GRANT SUBSIDY REVIEW.
Subdivision 1. Policy
items. The (a) A
comprehensive plan submitted to the commissioner for approval shall under
section 401.06 must include those items prescribed by rule of the
commissioner, which may require the inclusion of policy and may
include the following:
(a) (1) the
manner in which presentence and postsentence investigations and reports for the
district courts and social history reports for the juvenile courts will be
made;
(b) (2) the
manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner of corrections will be provided;
(c) (3) a
program for the detention, supervision, and treatment of detaining,
supervising, and treating persons under pretrial detention or under
commitment;
(d) (4) delivery
of other correctional services defined in section 401.01;
(e) (5) proposals
for new programs, which proposals must demonstrate a need for the program, its
and the program's purpose, objective, administrative structure, staffing
pattern, staff training, financing, evaluation process, degree of community
involvement, client participation, and duration of program.;
(6) descriptions of
programs that adhere to best practices for assessing risk and using
interventions that address an individual's
needs while tailoring supervision and interventions by using risk, need, and
responsivity principles; and
(7) data on expenditures,
costs, and programming results and outcomes for individuals under community
supervision.
(b) The commissioner must
develop in policy budgetary requirements for comprehensive plans to ensure the
efficient and accountable expenditure of a county's or Tribal Nation's subsidy
for correctional services and programming to produce successful community
supervision outcomes.
Subd. 2. CCA
Review. In addition to the
foregoing requirements made by this section, Each participating county
or group of counties shall CCA jurisdiction must develop and
implement a procedure for the review of reviewing grant
applications or applications for contracted services made to the
corrections advisory board and for the manner in which corrections advisory
board action will be taken on them the applications. A description of this the
procedure must be made available to members of the public upon request.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to all four-year comprehensive
plans submitted on or after that date.
Sec. 26. Minnesota Statutes 2022, section 401.12, is amended to read:
401.12 CONTINUATION OF CURRENT MINIMUM SPENDING LEVEL BY
COUNTIES.
Subdivision 1. Diminished
spending prohibited. Participating
counties shall A county or Tribal Nation receiving a subsidy under
section 401.10 must not diminish their current reduce its
level of spending for correctional expenses as defined in section 401.01, to
the extent of any subsidy received pursuant to sections 401.01 to 401.16;
rather the subsidy herein provided is for the expenditure for correctional
purposes in excess of those funds currently being expended on probation
services to lower than what is reimbursed by the community supervision formula
under section 401.10, subdivision 1.
Subd. 2. Not
expending full subsidy amount. Should
If a participating county be or Tribal Nation is
unable to expend the full amount of the subsidy to which it would be entitled
in any one year under the provisions of sections 401.01 to 401.16 the
first year of a biennium, the commissioner shall must:
(1) retain the
surplus, subject to disbursement; and
(2) disburse the surplus
in the following second year wherein such of the
biennium if the county or Tribal Nation can demonstrate a need for
and ability to expend same for the purposes provided in section 401.01. If in any biennium the subsidy is increased
by an inflationary adjustment which results in the county receiving more actual
subsidy than it did in the previous calendar year, the county shall be eligible
for that increase only if the current level of spending is increased by a
percentage equal to that increase within the same biennium. the surplus.
Sec. 27. Minnesota Statutes 2022, section 401.14, is amended to read:
401.14 PAYMENT OF PAYING SUBSIDY.
Subdivision 1. Payment. Upon compliance by After a
county or group of counties Tribal Nation becomes compliant with
the prerequisites for participation in receiving the subsidy prescribed
by sections 401.01 to 401.16, and approval of the commissioner
approves the comprehensive plan by the commissioner, the
commissioner shall must determine whether funds exist for the
payment of to pay the subsidy and proceed to pay same it
in accordance with applicable rules law.
Subd. 2. Quarterly
remittance. Based upon on
the approved comprehensive plan as approved, the commissioner may
estimate the amount to be expended in furnishing the required correctional
services during each calendar quarter and cause the estimated amount to be
remitted to the counties and Tribal Nations entitled thereto in the
manner provided in to the amount as provided under section 401.15,
subdivision 1.
Subd. 3. Installment
payments. The commissioner of
corrections shall must:
(1) make payments
for community corrections correctional services to each county and
Tribal Nation in 12 installments per year. The commissioner shall;
(2) ensure that the
pertinent payment of the allotment for each month is made to each county and
Tribal Nation on the first working day after the end of each month of the
calendar year, except for the last month of the calendar year. The commissioner shall; and
(3) ensure that each
county and Tribal Nation receives its monthly payment of the
allotment for that month no later than the last working day of that
each month. The payment
described in this subdivision for services rendered during June 1985 shall be
made on the first working day of July 1985.
Sec. 28. Minnesota Statutes 2022, section 401.15, is amended to read:
401.15 PROCEDURE FOR DETERMINATION AND DETERMINING
PAYMENT OF AMOUNT; BIENNIAL ANNUAL REVIEW.
Subdivision 1. Certified
statements; determinations; adjustments.
(a) Within 60 days of the end of each calendar quarter, participating
counties which have a county or Tribal Nation that has received the
payments authorized by under section 401.14 shall must
submit to the commissioner certified statements detailing the amounts expended
and costs incurred in furnishing the correctional services provided in
sections 401.01 to 401.16 under this chapter.
(b) Upon receipt of
receiving the certified statements, the commissioner shall, in the
manner provided in must in accordance with sections 401.10 and
401.12,:
(1) determine the
amount that each participating county or Tribal Nation is
entitled to receive, making; and
(2) make any
adjustments necessary to rectify any disparity between the amounts received pursuant
according to the estimate provided in under section 401.14
and the amounts actually expended.
(c) If the amount
received pursuant according to the estimate is greater than the
amount actually expended during the quarter, the commissioner may withhold the
difference from any subsequent monthly payments made pursuant according
to section 401.14.
Upon certification by (d)
After the commissioner of certifies the amount that a participating
county or Tribal Nation is entitled to receive under the provisions
of this subdivision or section 401.14 or of this subdivision,
the commissioner of management and budget shall thereupon must
issue a payment to the chief fiscal officer of each participating county
or Tribal Nation for the amount due together with a copy of the
certificate prepared by the commissioner.
Subd. 2. Ranking
Formula review. The
commissioner shall biennially must annually review the ranking
accorded each county by the equalization community supervision
formula provided in under section 401.10 and compute calculate
and prorate the subsidy rate accordingly.
Sec. 29. Minnesota Statutes 2022, section 401.16, is amended to read:
401.16 WITHDRAWAL WITHDRAWING FROM SUBSIDY
PROGRAM.
Subdivision 1. Withdrawing;
effective date. At the
beginning of any calendar quarter, any participating county may, at the
beginning of any calendar quarter, by resolution of its board of commissioners,
CCA jurisdiction may notify the commissioner of its intention to
withdraw from the subsidy program established by sections 401.01 to 401.16,
and. The withdrawal shall
be:
(1) must be done by
resolution of the county's board of commissioners or resolution of the Tribal
Nation's respective governmental unit; and
(2) is effective at
least six months from the last day of the last month of the quarter in
which the notice was given. Upon
withdrawal, the unexpended balance of moneys allocated to the county, or that
amount necessary to reinstate state correctional services displaced by that
county's participation, including complement positions, may, upon approval of
the legislative advisory commission, be transferred to the commissioner for the
reinstatement of the displaced services and the payment of any other correctional
subsidies for which the withdrawing county had previously been eligible.
Subd. 2. Employee
changeover. (a) If a county
withdraws from the subsidy program and asks the commissioner or the legislature
mandates the commissioner to furnish probation services to the county, the
probation officers and other employees displaced by the changeover must be
employed by the commissioner at no loss of salary.
(b) Years of service in
the county probation department are to be given full credit for future sick
leave and vacation accrual purposes.
(c) This subdivision
applies to the extent consistent with state and Tribal law.
Sec. 30. [401.17]
COMMUNITY SUPERVISION ADVISORY COMMITTEE.
Subdivision 1. Establishment;
members. (a) The commissioner
must establish a Community Supervision Advisory Committee to develop and make
recommendations to the commissioner on standards for probation, supervised
release, and community supervision. The committee
consists of 19 members as follows:
(1) two directors
appointed by the Minnesota Association of Community Corrections Act Counties;
(2) two probation
directors appointed by the Minnesota Association of County Probation Officers;
(3) three county
commissioner representatives appointed by the Association of Minnesota
Counties;
(4) two behavioral
health, treatment, or programming providers who work directly with individuals
on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
(5) two representatives
appointed by the Minnesota Indian Affairs Council;
(6) two
commissioner-appointed representatives from the Department of Corrections;
(7) the chair of the
statewide Evidence-Based Practice Advisory Committee;
(8) three individuals who have
been supervised, either individually or collectively, under each of the state's
three community supervision delivery systems appointed by the commissioner in
consultation with the Minnesota Association of County Probation Officers and
the Minnesota Association of Community Corrections Act Counties;
(9) an advocate for
victims of crime appointed by the commissioner; and
(10) a representative
from a community-based research and advocacy entity appointed by the
commissioner.
(b) When an appointing
authority selects an individual for membership on the committee, the authority
must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision
33.
(c) Chapter 15 applies
to the extent consistent with this section.
(d) The commissioner
must convene the first meeting of the committee on or before October 1, 2023.
Subd. 2. Terms;
removal; reimbursement. (a)
If there is a vacancy, the applicable appointing authority must appoint an
individual to fill the vacancy. Committee
members may elect any officers and create any subcommittees necessary to
efficiently discharge committee duties.
(b) A member may be
removed by the appointing authority at any time at the pleasure of the
appointing authority.
(c) Each committee
member must be reimbursed for all reasonable expenses actually paid or incurred
by the member while performing official duties in the same manner as other
state employees. The public members of
the committee must be compensated at the rate of $55 for each day or part of
the day spent on committee activities.
Subd. 3. Committee
duties; report. (a) By
December 1, 2024, the committee must provide written advice and recommendations
to the commissioner on developing policy on:
(1) statewide
supervision standards and definitions to be applied to community supervision
provided by CCA and non-CCA jurisdictions;
(2) requiring CCA and
non-CCA jurisdictions to use the same agreed-on risk screener and risk and
needs assessment tools as the main supervision assessment methods or a
universal five-level matrix allowing for consistent supervision levels and that
all tools in use be validated on Minnesota's community supervision population
and revalidated every five years;
(3) requiring the use of
assessment-driven, formalized, collaborative case planning to focus case
planning goals on identified criminogenic and behavioral health need areas for
moderate- and high-risk individuals;
(4) limiting standard
conditions required for all individuals on supervision across all supervision
systems and judicial districts, ensuring that conditions of supervision are
directly related to the offense of the individual on supervision, and tailoring
special conditions to individuals on supervision identified as high risk and
high need;
(5) providing
gender-responsive, culturally appropriate services and trauma-informed
approaches;
(6) developing a
statewide incentives and sanctions grid to guide responses to client behavior
while under supervision to be reviewed and updated every five years to maintain
alignment with national best practices;
(7) developing
performance indicators for supervision success and recidivism;
(8) developing a statewide
training, coaching, and quality assurance system overseen by an evidence-based
practices coordinator;
(9) developing methods
to evaluate outcomes for services provided by grant recipients under section
244.33, paragraph (c), clause (3);
(10) devising a plan to
eliminate the financial penalty incurred by a jurisdiction that successfully
discharges an individual from supervision before the supervision term
concludes; and
(11) establishing a
proposed state-level Community Supervision Advisory Board with a governance
structure and duties for the board.
(b) By July 1, 2025, and
every four years thereafter, the committee must review and reassess the current
workload study published by the commissioner under subdivision 4 and make
recommendations to the commissioner based on the committee's review.
(c) By June 30, 2024,
the Community Supervision Advisory Committee must submit a report on
supervision fees to the commissioner and the chairs and ranking minority
members of the legislative committees with jurisdiction over corrections policy
and finance. The committee must collect
data on supervision fees and include the data in the report.
Subd. 4. Duties;
commissioner. (a) The
commissioner, in consultation with the committee, must complete a workload
study by October 1, 2024, to develop a capitated rate for equitably funding
community supervision throughout the state.
The study must indicate what factors go into a capitated rate, including
but not limited to the administrative cost of providing supervision and the
average daily cost for providing supervision depending on risk level.
(b) The commissioner is
responsible for completing the workload study and submitting it to the
legislature in accordance with section 401.10, subdivision 4.
Subd. 5. Data
collection; report. (a) By
June 1, 2024, the advisory committee, in consultation with the Minnesota
Counties Computer Cooperative, must create a method to (1) standardize data
classifications across the three community supervision systems, and (2) collect
data for the commissioner to publish in an annual report to the chairs and
ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy.
(b) The advisory
committee's method, at a minimum, must provide for collecting the following
data:
(1) the number of
individuals sentenced to supervision each year;
(2) the offense levels,
offense types, and assessed risk levels for which individuals are sentenced to
supervision;
(3) violation and
revocation rates and the identified grounds for the violations and revocations,
including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
(4) the number of
individuals granted early discharge from probation;
(5) the number of
individuals restructured on supervision, including imposition of new conditions
of release; and
(6) the number of
individuals revoked from supervision and the identified grounds for revocation.
(c) Beginning January 15, 2025,
as part of the report under section 241.21, subdivision 2, the commissioner
must include data collected under the committee method established under this
subdivision. The commissioner must
analyze the collected data by race, gender, and county, including Tribal
Nations.
(d) Nothing in this
section overrides the commissioner's authority to require additional data be
provided under other law.
Subd. 6. Response. (a) Within 45 days of receiving the
committee's recommendations under subdivision 3, the commissioner must respond
in writing to the committee's advice and recommendations. The commissioner's response must explain:
(1) whether the
commissioner will adopt policy changes based on the recommendations;
(2) the timeline for
adopting policy changes; and
(3) why the commissioner
will not or cannot adopt any policy changes based on committee recommendations.
(b) The commissioner
must submit the committee's advice and recommendations and the commissioner's
response to the chairs and ranking minority members of the legislative
committees with jurisdiction over public safety finance and policy. The commissioner may submit the information
under this paragraph together with the report under subdivision 5, paragraph
(c).
Subd. 7. Administrative
support. The commissioner
must provide the committee with a committee administrator, staff support, a
meeting room, and access to office equipment and services.
Sec. 31. Minnesota Statutes 2022, section 609.102, is amended to read:
609.102 LOCAL CORRECTIONAL FEES; IMPOSITION BY COURT.
Subdivision 1. Definition. As used in For purposes of
this section, "local correctional fee" means a fee for local
correctional services established by a local correctional probation
agency or the commissioner of corrections under section 244.18.
Subd. 2. Imposition
of Imposing fee. When a
court places a person convicted of a crime under the supervision and control of
a local correctional probation agency, that the
agency may collect a local correctional fee based on the local
correctional agency's fee schedule adopted under section 244.18,
subdivision 2.
Subd. 2a. Imposition
of Imposing correctional fee.
When a person convicted of a crime is supervised by the commissioner
of corrections, the commissioner may collect a correctional fee based on the
commissioner's fee schedule adopted under section 241.272 244.18,
subdivision 2.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 32. Minnesota Statutes 2022, section 609.14, subdivision 1, is amended to read:
Subdivision 1. Grounds. (a) When it appears that the defendant
has violated any of the conditions of probation or intermediate sanction, or
has otherwise been guilty of misconduct which warrants the imposing or
execution of sentence, the court may without notice revoke the stay and direct
that the defendant be taken into immediate custody. Revocation shall only be used as a last
resort when rehabilitation has failed.
(b) When it appears that the defendant violated any of the conditions of probation during the term of the stay, but the term of the stay has since expired, the defendant's probation officer or the prosecutor may ask the court to initiate probation revocation proceedings under the Rules of Criminal Procedure at any time within six months after the expiration of the stay. The court also may initiate proceedings under these circumstances on its own motion. If proceedings are initiated within this six-month period, the court may conduct a revocation hearing and take any action authorized under rule 27.04 at any time during or after the six-month period.
(c) Notwithstanding the provisions of section 609.135 or any law to the contrary, after proceedings to revoke the stay have been initiated by a court order revoking the stay and directing either that the defendant be taken into custody or that a summons be issued in accordance with paragraph (a), the proceedings to revoke the stay may be concluded and the summary hearing provided by subdivision 2 may be conducted after the expiration of the stay or after the six-month period set forth in paragraph (b). The proceedings to revoke the stay shall not be dismissed on the basis that the summary hearing is conducted after the term of the stay or after the six-month period. The ability or inability to locate or apprehend the defendant prior to the expiration of the stay or during or after the six-month period shall not preclude the court from conducting the summary hearing unless the defendant demonstrates that the delay was purposefully caused by the state in order to gain an unfair advantage.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to violations that occur on or
after that date.
Sec. 33. Minnesota Statutes 2022, section 609.14, is amended by adding a subdivision to read:
Subd. 1a. Violations
where policies favor continued rehabilitation. (a) Correctional treatment is better
provided through a community resource than through confinement and would not
unduly depreciate the seriousness of the violation if probation was not revoked. Policies favoring probation outweigh the need
for confinement if a person has not previously violated a condition of
probation or intermediate sanction in an open criminal case and does any of the
following in violation of a condition imposed by the court:
(1) fails to abstain
from the use of controlled substances without a valid prescription, unless the
person is under supervision for a violation of section:
(i) 169A.20;
(ii) 609.2112,
subdivision 1, paragraph (a), clauses (2) to (6); or
(iii) 609.2113,
subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to
(6);
(2) fails to abstain
from the use of alcohol, unless the person is under supervision for a violation
of section:
(i) 169A.20;
(ii) 609.2112,
subdivision 1, paragraph (a), clauses (2) to (6); or
(iii) 609.2113,
subdivision 1, clauses (2) to (6); 2, clauses (2) to (6); or 3, clauses (2) to
(6);
(3) possesses drug
paraphernalia in violation of section 152.092;
(4) fails to obtain or
maintain employment;
(5) fails to pursue a
course of study or vocational training;
(6) fails to report a change in
employment, unless the person is prohibited from having contact with minors and
the employment would involve such contact;
(7) violates a curfew;
(8) fails to report
contact with a law enforcement agency, unless the person was charged with a
misdemeanor, gross misdemeanor, or felony; or
(9) commits any offense
for which the penalty is a petty misdemeanor.
(b) A violation by a
person described in paragraph (a) does not warrant the imposition or execution
of sentence and the court may not direct that the person be taken into
immediate custody unless the court receives a written report, signed under
penalty of perjury pursuant to section 358.116, showing probable cause to
believe the person violated probation and establishing by a preponderance of
the evidence that the continued presence of the person in the community would
present a risk to public safety. If the
court does not direct that the person be taken into custody, the court may
request a supplemental report from the supervising agent containing:
(1) the specific nature
of the violation;
(2) the response of the
person under supervision to the violation, if any; and
(3) the actions the
supervising agent has taken or will take to address the violation.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to violations that occur on or
after that date.
Sec. 34. REVISOR
INSTRUCTION.
As a result of
amendments to Minnesota Statutes, chapters 244 and 401, the revisor of statutes
must work with the Department of Corrections to correct cross-references in
Minnesota Statutes and Minnesota Rules and make any other necessary grammatical
changes.
Sec. 35. REPEALER.
(a) Minnesota Statutes
2022, section 241.272, is repealed.
(b) Minnesota Statutes
2022, sections 244.196; 244.22; 244.32; and 401.07, are repealed.
EFFECTIVE DATE. Paragraph
(a) is effective August 1, 2023.
ARTICLE 18
SUPERVISED RELEASE BOARD; LIFE SENTENCES FOR CERTAIN OFFENDERS
Section 1. [244.049]
SUPERVISED RELEASE BOARD.
Subdivision 1. Establishment;
membership. (a) The
Supervised Release Board is established to review eligible cases and make
release and final discharge decisions for:
(1) inmates serving life
sentences with the possibility of parole or supervised release under sections
243.05, subdivision 1, and 244.05, subdivision 5;
(2) inmates serving
indeterminate sentences for crimes committed on or before April 30, 1980; and
(3) inmates eligible for
early supervised release under section 244.05, subdivision 4a.
(b) Beginning July 1,
2024, the authority to grant discretionary release and final discharge
previously vested in the commissioner under sections 243.05, subdivisions 1,
paragraph (a), and 3; 244.08; and 609.12 is transferred to the board.
(c) The board consists
of the following members:
(1) four individuals
appointed by the governor who meet at least one of the following
qualifications:
(i) a degree from an
accredited law school or a bachelor's, master's, or doctorate degree in
criminology, corrections, social work, or a related social science;
(ii) five years of
experience in corrections, a criminal justice or community corrections field,
rehabilitation programming, behavioral health, or criminal law; or
(iii) demonstrated
knowledge of victim issues and correctional processes;
(2) two individuals
appointed by the governor with an academic degree in neurology, psychology, or
a comparable field and who have expertise in the neurological development of
juveniles; and
(3) the commissioner,
who serves as chair.
(d) The majority leader
of the senate, minority leader of the senate, speaker of the house, and
minority leader of the house shall each
recommend two candidates for appointment to the positions described in
paragraph (c), clause (1).
Subd. 2. Terms;
compensation. (a) Appointed
board members serve four-year staggered terms, but the terms of the initial
members are as follows:
(1) three members must
be appointed for terms that expire January 1, 2026; and
(2) three members must
be appointed for terms that expire January 1, 2028.
(b) An appointed member
is eligible for reappointment and a vacancy must be filled according to
subdivision 1.
(c) For appointed
members, compensation and removal are as provided in section 15.0575, but the
compensation rate is $250 a day or part of the day spent on board activities.
Subd. 3. Quorum;
compensation; administrative duties.
(a) To make release and final discharge decisions for eligible
cases described in subdivision 1, paragraph (a), clause (1), when the inmate
was 18 years of age or older at the time of the commission of the offense, and
clause (2), the board must comprise a majority of the five members identified
in subdivision 1, paragraph (c), clauses (1) and (3). The members described in subdivision 1,
paragraph (c), clause (2) are ineligible to vote on those cases.
(b) To make release and
final discharge decisions for eligible cases described in subdivision 1,
paragraph (a), clause (1), when the inmate was under 18 years of age at the
time of the commission of the offense, and clause (3), the board must comprise
a majority of all seven members and include at least one member identified in
subdivision 1, paragraph (c), clause (2).
(c) An appointed board member
must visit at least one state correctional facility every 12 months.
(d) The commissioner
must provide the board with personnel, supplies, equipment, office space, and
other administrative services necessary and incident to fulfilling the board's
functions.
Subd. 4. Limitation. Nothing in this section:
(1) supersedes the
commissioner's authority to set conditions of release or revoke an inmate's
release for violating any of the conditions; or
(2) impairs the power of
the Board of Pardons to grant a pardon or commutation in any case.
Subd. 5. Report. (a) Beginning February 15, 2025, and
each February 15 thereafter, the board must submit to the chairs and ranking
minority members of the legislative committees with jurisdiction over criminal
justice policy a written report that:
(1) details the number
of inmates reviewed;
(2) identifies inmates
granted release or final discharge in the preceding year;
(3) specifies the length
of time served by individuals granted release or final discharge in the
preceding year before that release or discharge;
(4) identifies any
individual granted release or final discharge in the preceding year who will
remain in custody as the result of a consecutive sentence;
(5) identifies the
number of prior reviews of inmates who were granted release or final discharge
and inmates who were denied release or final discharge;
(6) specifies the
underlying offense of inmates who were granted release or final discharge and
inmates who were denied release or final discharge; and
(7) provides demographic
data of inmates who were granted release or final discharge and inmates who
were denied release or final discharge, including whether any of the
individuals were under 18 years of age at the time of committing the offense.
(b) The report must also
include the board's recommendations to the commissioner for policy
modifications that influence the board's duties.
Sec. 2. Minnesota Statutes 2022, section 244.05, subdivision 1b, is amended to read:
Subd. 1b. Supervised release; offenders who commit crimes on or after August 1, 1993. (a) Except as provided in subdivisions 4, 4a, and 5, every inmate sentenced to prison for a felony offense committed on or after August 1, 1993, shall serve a supervised release term upon completion of the inmate's term of imprisonment and any disciplinary confinement period imposed by the commissioner due to the inmate's violation of any disciplinary rule adopted by the commissioner or refusal to participate in a rehabilitative program required under section 244.03. The amount of time the inmate serves on supervised release shall be equal in length to the amount of time remaining in the inmate's executed sentence after the inmate has served the term of imprisonment and any disciplinary confinement period imposed by the commissioner.
(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative program as required under section 244.03 shall be placed on supervised release until the inmate has served the disciplinary confinement period for that disciplinary sanction or until the inmate is discharged or released from punitive segregation confinement, whichever is later. The imposition of a disciplinary confinement period shall be considered to be a disciplinary sanction imposed upon an inmate, and the procedure for imposing the disciplinary confinement period and the rights of the inmate in the procedure shall be those in effect for the imposition of other disciplinary sanctions at each state correctional institution.
Sec. 3. Minnesota Statutes 2022, section 244.05, subdivision 4, is amended to read:
Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a mandatory life sentence under section 609.106, subdivision 2, or 609.3455, subdivision 2, paragraph (a), must not be given supervised release under this section.
(b) Except as provided in paragraph (f), an inmate serving a mandatory life sentence under section 609.185, paragraph (a), clause (3), (5), or (6), or section 609.2661, clause (3); or Minnesota Statutes 2004, section 609.109, subdivision 3, must not be given supervised release under this section without having served a minimum term of 30 years.
(c) Except as provided in paragraph (f), an inmate serving a mandatory life sentence under section 609.385 must not be given supervised release under this section without having served a minimum term of imprisonment of 17 years.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3 or 4, must not be given supervised release under this section without having served the minimum term of imprisonment specified by the court in its sentence.
(e) An inmate serving a
mandatory life sentence under section 609.106, subdivision 3, or 609.3455,
subdivision 2, paragraph (c), must not be given supervised release under this
section without having served a minimum term of imprisonment specified in subdivision
4b.
(f) An inmate serving a
mandatory life sentence for a crime described in paragraph (b) or (c) who was
under 18 years of age at the time of the commission of the offense must
not be given supervised release under this section without having served a
minimum term of imprisonment specified in subdivision 4b.
Sec. 4. Minnesota Statutes 2022, section 244.05, is amended by adding a subdivision to read:
Subd. 4a. Eligibility
for early supervised release; offenders who were under 18 at the time of
offense. Notwithstanding any
other provision of law, any person who was under the age of 18 at the time of
the commission of an offense is eligible for early supervised release if the
person is serving an executed sentence that exceeds the minimum term of imprisonment
specified in subdivision 4b.
Sec. 5. Minnesota Statutes 2022, section 244.05, is amended by adding a subdivision to read:
Subd. 4b. Offenders
who were under 18 at the time of offense; minimum terms of imprisonment. Any person serving one or more
mandatory life sentences or any combination of sentences that include combined
terms of imprisonment that exceed the applicable minimum term specified in this
section is eligible for supervised release if the person was under the age of
18 at the time of the commission of the relevant offenses and has served a
minimum of:
(1) 15 years if the
person:
(i) received a
determinate sentence with a period of imprisonment of more than 15 years;
(ii) received separate,
consecutive, executed determinate sentences for two or more crimes that include
combined terms of imprisonment that total more than 15 years and do not involve
separate victims; or
(iii) was sentenced to
one mandatory life sentence that is not consecutive to any other sentence
involving a separate victim and to which no other sentence involving a separate
victim is consecutive;
(2) 20 years if the
person:
(i) received separate,
consecutive, executed determinate sentences for two or more crimes that include
combined terms of imprisonment that total more than 20 years and involved
separate victims;
(ii) was sentenced to
one mandatory life sentence that is consecutive to any determinate sentence
involving a separate victim or to which a determinate sentence involving a
separate victim is consecutive; or
(iii) was sentenced to
two consecutive mandatory life sentences; or
(3) 30 years if the
person was sentenced to three or more consecutive life sentences.
Sec. 6. Minnesota Statutes 2022, section 244.05, subdivision 5, is amended to read:
Subd. 5. Supervised
release, life sentence and indeterminate sentences. (a) The commissioner of corrections
board may, under rules promulgated adopted by the
commissioner, give grant supervised release or parole as
follows:
(1) to an inmate
serving a mandatory life sentence under section 609.185, paragraph (a),
clause (3), (5), or (6); 609.3455, subdivision 3 or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum term of imprisonment
specified in subdivision 4 or section 243.05, subdivision 1, paragraph (a);
(2) at any time for an
inmate serving a nonlife indeterminate sentence for a crime committed on or
before April 30, 1980; or
(3) to an inmate eligible for early supervised release under subdivision 4a after the inmate has served the minimum term of imprisonment.
(b) For cases involving
multiple sentences, the board must grant or deny supervised release as follows:
(1) if an inmate is
serving multiple sentences that are concurrent to one another, the board must
grant or deny supervised release on all unexpired sentences; and
(2) notwithstanding any
other law to the contrary, if an inmate who was under the age of 18 at the time
of the commission of the relevant offenses and has served the minimum term of
imprisonment specified in subdivision 4b is serving multiple sentences that are
consecutive to one another, the board may grant or deny supervised release on
one or more sentences.
(c) No less than three
years before an inmate has served the applicable minimum term of imprisonment,
the board must assess the inmate's status and make programming recommendations
relevant to the inmate's release review.
The commissioner must ensure that any board programming recommendations
are followed and implemented.
(d) The board must
conduct a supervised release review hearing as soon as practicable before an
inmate has served the applicable minimum term of imprisonment.
(b) (e) The commissioner
board shall require the preparation of a community investigation report and
shall consider the findings of the report
when making a supervised release decision under this subdivision. The
report shall:
(1) reflect the
sentiment of the various elements of the community toward the inmate, both at
the time of the offense and at the present time. The report shall;
(2) include the
views of the sentencing judge, the prosecutor, any law enforcement personnel
who may have been involved in the case, and any successors to these individuals
who may have information relevant to the supervised release decision. The report shall also; and
(3) include the views of the victim and the victim's family unless the victim or the victim's family chooses not to participate.
(f) The board shall
require the preparation of a development report when making a supervised
release decision regarding an inmate who was under 18 years of age at the time
of the commission of the offense. The
report must be prepared by a mental health professional qualified to provide
services to a client under section 245I.04, subdivision 2, clause (1) to (4) or
(6), and must address the inmate's cognitive, emotional, and social maturity. The board may use a previous report that was
prepared within 12 months immediately preceding the hearing.
(c) (g) The commissioner
board shall make reasonable efforts to notify the victim, in advance, of
the time and place of the inmate's supervised release review hearing. The victim has a right to submit an oral or
written statement at the review hearing.
The statement may summarize the harm suffered by the victim as a result
of the crime and give the victim's recommendation on whether the inmate should
be given supervised release at this time.
The commissioner must consider the victim's statement when making the
supervised release decision.
(h) The board shall
permit a prosecutor from the office that prosecuted the case to submit a
written statement in advance of the review hearing.
(d) (i) When
considering whether to give grant supervised release or parole
to an inmate serving a life sentence under section 609.3455, subdivision 3
or 4 or indeterminate sentence, the commissioner board
shall consider, at a minimum, the following:
(1) the report prepared
pursuant to paragraph (e);
(2) the report prepared
pursuant to paragraph (f), if applicable;
(3) a victim statement
under paragraph (g), if submitted;
(4) the statement of a
prosecutor under paragraph (h), if submitted;
(5) the risk the
inmate poses to the community if released,;
(6) the inmate's
progress in treatment, if applicable;
(7) the inmate's
behavior while incarcerated,;
(8) psychological or
other diagnostic evaluations of the inmate,;
(9) information on the
inmate's rehabilitation while incarcerated;
(10) the inmate's
criminal history,;
(11) if the inmate was under 18 years of age at the time of the commission of the offense, relevant science on the neurological development of juveniles and information on the inmate's maturity and development while incarcerated; and
(12) any other relevant conduct of the inmate while incarcerated or before incarceration.
(j) The commissioner
board may not give grant supervised release or parole
to the an inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment, if applicable;
(ii) the inmate has been assessed for substance use disorder needs and, if appropriate, has successfully completed substance use disorder treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has successfully completed mental health treatment; and
(2) a comprehensive
individual release plan is in place for the inmate that:
(i) ensures that,
after release, the inmate will have suitable housing and receive appropriate
aftercare and community-based treatment.
The comprehensive plan also must include; and
(ii) includes a postprison employment or education plan for the inmate.
(k) Supervised release
or parole must be granted with a majority vote of the quorum required under
section 244.049, subdivision 3. If there
is a tie vote, supervised release or parole is granted only if the commissioner
votes in favor of granting supervised release or parole.
(l) Within 30 days after
a supervised release review hearing, the board must issue a decision on
granting release, including an explanation for the decision. If an inmate is serving multiple sentences
that are concurrent to one another, the board must grant or deny supervised
release on all sentences.
(m) If the board does
not grant supervised release, the explanation of that decision must identify
specific steps that the inmate can take to increase the likelihood that release
will be granted at a future hearing.
(n) When granting
supervised release under this subdivision, the board must set prerelease
conditions to be followed by the inmate, if time permits, before their actual
release or before constructive parole becomes effective. If the inmate violates any of the prerelease
conditions, the commissioner may rescind the grant of supervised release
without a hearing at any time before the inmate's release or before
constructive parole becomes effective. A
grant of constructive parole becomes effective once the inmate begins serving
the consecutive sentence.
(o) If the commissioner
rescinds a grant of supervised release or parole, the board:
(1) must set a release
review date that occurs within 90 days of the commissioner's rescission; and
(2) by majority vote,
may set a new supervised release date or set another review date.
(p) If the commissioner revokes
supervised release or parole for an inmate serving a life sentence, the
revocation is not subject to the limitations under section 244.30 and the
board:
(1) must set a release review date that occurs within one year of the
commissioner's final revocation decision; and
(2) by majority vote,
may set a new supervised release date or set another review date.
(q) The board may, by a
majority vote, grant a person on supervised release or parole for a life or
indeterminate sentence a final discharge from their sentence in accordance with
section 243.05, subdivision 3. In no
case, however, may a person subject to a mandatory lifetime conditional release
term under section 609.3455, subdivision 7, be discharged from that term.
(e) As used in (r)
For purposes of this subdivision,:
(1) "board"
means the Indeterminate Sentence Release Board under section 244.049;
(2) "constructive
parole" means the status of an inmate who has been paroled from an
indeterminate sentence to begin serving a consecutive sentence in prison; and
(3) "victim"
means the individual who suffered harm as a result of the inmate's crime or,
if the individual is deceased, the deceased's surviving spouse or next of kin
has the meaning given in section 611A.01, paragraph (b).
Sec. 7. Minnesota Statutes 2022, section 244.101, subdivision 1, is amended to read:
Subdivision 1. Executed sentences. Except as provided in section 244.05, subdivision 4a, when a felony offender is sentenced to a fixed executed sentence for an offense committed on or after August 1, 1993, the executed sentence consists of two parts: (1) a specified minimum term of imprisonment that is equal to two-thirds of the executed sentence; and (2) a specified maximum supervised release term that is equal to one-third of the executed sentence. The amount of time the inmate actually serves in prison and on supervised release is subject to the provisions of section 244.05, subdivision 1b.
Sec. 8. Minnesota Statutes 2022, section 609.106, subdivision 2, is amended to read:
Subd. 2. Life without release. Except as provided in subdivision 3, the court shall sentence a person to life imprisonment without possibility of release under the following circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (1), (2), (4), or (7), or murder of unborn child in the first degree under section 609.2661, clause (1) or (2);
(2) the person is convicted of committing first-degree murder in the course of a kidnapping under section 609.185, paragraph (a), clause (3), or murder of unborn child in the first degree in the course of a kidnapping under section 609.2661, clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, paragraph (a), clause (3), (5), or (6), or murder of unborn child in the first degree under section 609.2661, clause (3), and the court determines on the record at the time of sentencing that the person has one or more previous convictions for a heinous crime.
Sec. 9. Minnesota Statutes 2022, section 609.106, is amended by adding a subdivision to read:
Subd. 3. Offender
under age 18; life imprisonment. The
court shall sentence a person who was under 18 years of age at the time of
the commission of an offense under the circumstances described in subdivision 2
to imprisonment for life.
Sec. 10. Minnesota Statutes 2022, section 609.3455, subdivision 2, is amended to read:
Subd. 2. Mandatory life sentence without release; egregious first-time and repeat offenders. (a) Except as provided in paragraph (c), notwithstanding the statutory maximum penalty otherwise applicable to the offense, the court shall sentence a person convicted under section 609.342, subdivision 1, paragraph (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i); or 609.343, subdivision 1, paragraph (a), (b), (c), (d), or (e), or subdivision 1a, clause (a), (b), (c), (d), (h), or (i), to life without the possibility of release if:
(1) the fact finder determines that two or more heinous elements exist; or
(2) the person has a previous sex offense conviction for a violation of section 609.342, 609.343, 609.344, or 609.3458, subdivision 1, paragraph (b), and the fact finder determines that a heinous element exists for the present offense.
(b) A fact finder may not consider a heinous element if it is an element of the underlying specified violation of section 609.342 or 609.343. In addition, when determining whether two or more heinous elements exist, the fact finder may not use the same underlying facts to support a determination that more than one element exists.
(c) The court shall
sentence a person who was under 18 years of age at the time of the commission
of an offense described in paragraph (a) to imprisonment for life.
Sec. 11. Minnesota Statutes 2022, section 609.3455, subdivision 5, is amended to read:
Subd. 5. Life
sentences; minimum term of imprisonment.
At the time of sentencing under subdivision 3 or 4, the court shall
specify a minimum term of imprisonment, based on the sentencing guidelines or
any applicable mandatory minimum sentence, that must be served before the
offender may be considered for supervised release. If the offender was under 18 years of age
at the time of the commission of the offense, the minimum term of imprisonment
specified by the court shall not exceed the applicable minimum term of
imprisonment described in subdivision 4b.
Sec. 12. SUPERVISED
RELEASE BOARD; TRANSITION PERIOD.
(a) Notwithstanding
Minnesota Statutes, section 244.049, subdivision 1, paragraph (a), the
Supervised Release Board must not begin to review eligible cases and make
release and final discharge decisions until July 1, 2024.
(b) Notwithstanding the
board's responsibilities under Minnesota Statutes, section 244.05, subdivision
4a, and beginning July 1, 2023, through June 30, 2024, the commissioner of
corrections may review eligible cases under Minnesota Statutes, section 244.05,
subdivision 4a, and make necessary release decisions and programming
recommendations relevant to the commissioner's review in accordance with
Minnesota Statutes, section 244.05, subdivision 5. The commissioner may only review cases and
make decisions under this paragraph after an eligible individual has served at
least 15 years of imprisonment.
Sec. 13. REVISOR
INSTRUCTION.
Where necessary to
reflect the transfer under Minnesota Statutes, section 244.049, subdivision 1,
the revisor of statutes must change the term "commissioner" or
"commissioner of corrections" to "Supervised Release Board"
or "board" in Minnesota Statutes, sections 243.05, subdivisions 1,
paragraph (a), and 3; 244.08; and 609.12 and make any other necessary
grammatical changes.
Sec. 14. EFFECTIVE
DATE.
Sections 2 to 4 and 6 to
10 are effective July 1, 2023, and apply to offenders sentenced on or after
that date and retroactively to offenders:
(1) sentenced to life
imprisonment without possibility of release following a conviction under
Minnesota Statutes, section 609.185, paragraph (a), for an offense committed
when the offender was under 18 years of age and when a sentence was imposed
pursuant to Minnesota Statutes, section 609.106, subdivision 2;
(2) sentenced to life
imprisonment without possibility of release following a conviction under
Minnesota Statutes, section 609.3455, subdivision 2, for an offense committed
when the offender was under 18 years of age;
(3) sentenced to life
imprisonment under Minnesota Statutes, section 609.185, paragraph (a), clause
(3), (5), or (6); or Minnesota Statutes 2004, section 609.109, subdivision 3,
for an offense committed when the offender was under 18 years of age;
(4) sentenced to life
imprisonment under Minnesota Statutes, section 609.2661, for an offense
committed when the offender was under 18 years of age;
(5) sentenced to life
imprisonment under Minnesota Statutes, section 609.385, for an offense
committed when the offender was under 18 years of age;
(6) sentenced to life
imprisonment under Minnesota Statutes, section 609.3455, subdivision 3 or 4, if
the minimum term of imprisonment specified by the court in its sentence exceeds
15 years for an offense committed when the offender was under 18 years of age;
or
(7) sentenced to an
executed sentence that includes a term of imprisonment of more than 15 years or
separate, consecutive executed sentences for two or more crimes that include
combined terms of imprisonment that total more than 15 years for an offense committed
when the offender was under 18 years of age.
ARTICLE 19
CIVIL LAW
A. CIVIL LAW, PROPERTY, AND BOARD MEMBERSHIP
Section 1. Minnesota Statutes 2022, section 15.0597, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms shall have the meanings given them.
(b) "Agency" means (1) a state board, commission, council, committee, authority, task force, including an advisory task force created under section 15.014 or 15.0593, a group created by executive order of the governor, or other similar multimember agency created by law and having statewide jurisdiction; and (2) the Metropolitan Council, metropolitan agency, Capitol Area Architectural and Planning Board, and any agency with a regional jurisdiction created in this state pursuant to an interstate compact.
(c) "Vacancy" or
"vacant agency position" means (1) a vacancy in an existing agency,
or (2) a new, unfilled agency position. Vacancy
includes a position that is to be filled through appointment of a nonlegislator
by a legislator or group of legislators; Vacancy does not mean (1) a vacant
position on an agency composed exclusively of persons employed by a political
subdivision or another agency, or (2) a vacancy to be filled by a person
required to have a specific title or position, (3) a vacancy that is to be
filled through appointment of a legislator by a legislator or group of
legislators, or (4) a position appointed by a private entity or individual, in
the manner specified in the document creating the agency, unless otherwise
provided.
(d) "Secretary" means the secretary of state.
(e) "Appointing
authority" means the individual or entity with the specific authority to appoint
open or direct appointment positions. This
includes, but is not limited to, the governor, state agency commissioners,
indigenous Tribal leaders, designated legislative leaders and local agency
heads, persons who have been specifically delegated the authority to make those
appointments, or private entities or persons as designated by the document
creating the agency. Appointments should
be evidenced by a document signed by the appointing authority's most senior
official. Appointments that do not specify
an appointing authority shall be made in the manner provided in section 4.04.
(f) "Direct
appointments" means: (1) the
appointment of members to an agency, pursuant to a process not subject to this
section; and (2) those members of an agency appointed through a process not
subject to this section. Direct
appointments must be provided for specifically in the documents creating the
agency, whether enabling law, executive order, commissioner's order, or
otherwise.
Sec. 2. Minnesota Statutes 2022, section 15.0597, subdivision 4, is amended to read:
Subd. 4. Notice
of vacancies. The chair of an
existing agency, shall notify the secretary by electronic means of a vacancy
scheduled to occur in the agency as a result of the expiration of membership
terms at least 45 days before the vacancy occurs. The chair of an existing agency shall give
electronic notification to must notify the secretary of each vacancy
occurring as a result of newly created agency positions and of every other
vacancy occurring for any reason other than the expiration of membership terms
as soon as possible upon learning of the vacancy and in any case within 15 days
after the occurrence of the vacancy. The
chair may submit vacancy notices by posting seat openings on the secretary of
state's boards and commissions website.
(b) If a vacancy is to
be appointed by the governor, the chair must first notify the governor and
receive permission to post the vacancy. Where
a vacancy is created by resignation, the vacancy may not be posted until
receipt and acceptance of the resignation of the incumbent as provided by
section 351.01, subdivision 1, clause (2), is confirmed by the governor.
(c) The appointing authority for newly created agencies shall give electronic notification to the secretary of all vacancies in the new agency within 15 days after the creation of the agency. The secretary may require the submission of notices required by this subdivision by electronic means.
(d) The secretary shall publish monthly on the website of the secretary of state a list of all vacancies of which the secretary has been so notified. Only one notice of a vacancy shall be so published, unless the appointing authority rejects all applicants and requests the secretary to republish the notice of vacancy. One copy of the listing shall be made available at the office of the secretary to any interested person. The secretary shall distribute by mail or electronic means copies of the listings to requesting persons.
(e) The listing for all vacancies scheduled to occur in the month of January shall be published on the website of the secretary of state together with the compilation of agency data required to be published pursuant to subdivision 3.
(f) If a vacancy occurs within three months after an appointment is made to fill a regularly scheduled vacancy, the appointing authority may, upon notification by electronic means to the secretary, fill the vacancy by appointment from the list of persons submitting applications to fill the regularly scheduled vacancy.
Sec. 3. Minnesota Statutes 2022, section 15.0597, subdivision 5, is amended to read:
Subd. 5. Nominations
for vacancies. Any person may make a
self-nomination for appointment to an agency vacancy by completing an
application on a form prepared and distributed by the secretary. The secretary may provide for the submission
of the application by electronic means. Any
person or group of persons may, on the prescribed application form, nominate
another person to be appointed to a vacancy so long as the person so nominated
consents on the application form to the nomination. The application form shall specify the
nominee's name, mailing address, electronic mail address, telephone number,
preferred agency position sought, a statement that the nominee satisfies any
legally prescribed qualifications, a statement whether the applicant has
ever been convicted of a felony, and any other information the nominating
person feels would be helpful to the appointing authority. The nominating person has the option of
indicating the nominee's sex, political party preference or lack thereof,
status with regard to disability, race, veteran status, and national origin on
the application form. The application
form shall make the option known. If a
person submits an application at the suggestion of an appointing authority, the
person shall so indicate on the application form. Twenty-one days after publication of a
vacancy on the website of the secretary of state pursuant to subdivision 4, the
secretary shall submit electronic copies of all applications received for a
position to the appointing authority charged with filling the vacancy. If no applications have been received by
the secretary for the vacant position by the date when electronic copies must
be submitted to the appointing authority, the secretary shall so inform the
appointing authority. Applications
received by the secretary shall be deemed to have expired one year after
receipt of the application. An
application for a particular agency position shall be deemed to be an
application for all vacancies in that agency occurring prior to the expiration
of the application and shall be public information.
Sec. 4. Minnesota Statutes 2022, section 15.0597, subdivision 6, is amended to read:
Subd. 6. Appointments. (a) In making an appointment to a
vacant agency position, the appointing authority shall consider applications
for positions in that agency supplied by the secretary. No appointing authority may appoint someone
to a vacant agency position until (1) ten five days after receipt
of the applications for positions in that agency from the secretary or (2)
receipt of notice from the secretary that no applications have been received
for vacant positions in that agency as provided for in subdivision 5. At least five days before the date of
appointment, the appointing authority shall issue a public announcement and
inform the secretary by electronic means of the name of the person the
appointing authority intends to appoint has appointed to fill the
agency vacancy and the expiration date of that person's term.
(b) No person may serve
in a position until the appointing authority has submitted either (1) a signed
notice of appointment or (2) the documents required by paragraph (e) to the secretary
of state, and the term of the appointee may not commence on a date preceding
the date of the signature on the notice of appointment or the paragraph (e)
submission.
(c) An oath of office
for each appointee to an agency must be submitted to the secretary of state
under section 358.05.
(d) If the appointing authority intends to appoint a person other than one for whom an application was submitted pursuant to this section, the appointing authority shall complete an application form on behalf of the appointee and submit it to the secretary indicating on the application that it is submitted by the appointing authority.
(e) An appointing authority
making a direct appointment must submit a letter to the secretary of state
stating the name of the person appointed, the agency and the specific seat to
which they are appointed, contact information, the date on which the term
begins, and length of the term.
(f) No person may
simultaneously occupy more than one position on the same agency board. Appointment or designation of a member as
chair of an agency does not constitute a violation of this paragraph.
Sec. 5. Minnesota Statutes 2022, section 168B.07, subdivision 3, is amended to read:
Subd. 3. Retrieval of contents; right to reclaim. (a) For purposes of this subdivision:
(1) "contents" does not include any permanently affixed mechanical or nonmechanical automobile parts; automobile body parts; or automobile accessories, including audio or video players; and
(2) "relief based on need" includes, but is not limited to, receipt of MFIP and Diversionary Work Program, medical assistance, general assistance, emergency general assistance, Minnesota supplemental aid, MSA-emergency assistance, MinnesotaCare, Supplemental Security Income, energy assistance, emergency assistance, Supplemental Nutrition Assistance Program (SNAP) benefits, earned income tax credit, or Minnesota working family tax credit.
(b) A unit of government or
impound lot operator shall must establish reasonable procedures
for retrieval of vehicle contents, and may establish reasonable procedures to
protect the safety and security of the impound lot and its personnel.
(c) At any time before the
expiration of the waiting periods provided in section 168B.051, a registered
owner of a vehicle who provides proof of identity that includes
photographic identification and documentation from a government or
nonprofit agency or legal aid office that the registered owner is homeless,
receives relief based on need, or is eligible for legal aid services, has the
unencumbered right to retrieve any and all contents without charge and
regardless of whether the registered owner pays incurred charges or fees,
transfers title, or reclaims the vehicle.
A refusal by the impound lot operator to allow the registered owner
to retrieve the vehicle contents after the owner provides valid documentation
is a violation of this paragraph.
(d) An impound lot
operator may make copies of the documents presented by the registered owner
under paragraph (c), and the impound lot operator must return all of the
original documents to the registered owner immediately after copying them.
Sec. 6. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to read:
Subd. 3a. Retrieval
of contents; identification, medicine, and medical equipment. An impound lot operator must allow any
registered vehicle owner to retrieve, or must retrieve for the vehicle owner,
the following from the impounded vehicle:
proof of identification; prescription medicine; and durable medical
equipment, including but not limited to wheelchairs, prosthetics, canes,
crutches, walkers, and external braces.
Sec. 7. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to read:
Subd. 3b. Retrieval
of contents; notice of denial. (a)
This subdivision applies to an impound lot operator (1) who operates a
nonpublic impound lot, or (2) with which a unit of government exclusively
contracts to operate an impound lot solely for public use under section
168B.09.
(b) An impound lot
operator who denies a request of a registered vehicle owner to retrieve vehicle
contents after the registered owner presents documentation pursuant to
subdivision 3, paragraph (c), must, at the time of denial, provide the
registered owner with a written statement that identifies the specific reasons
for the denial.
Sec. 8. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to read:
Subd. 3c. Retrieval
of contents; public notice. (a)
This subdivision applies to an impound lot operator (1) who operates a
nonpublic impound lot, or (2) with which a unit of government exclusively
contracts to operate an impound lot solely for public use under section
168B.09.
(b) An impound lot
operator must post a conspicuous notice at its place of operation in the
following form:
"If you receive government benefits,
are currently homeless, or are eligible for legal aid services, you have the
right to get the contents out of your car free of charge IF you provide:
(1) a photo ID (such as
a driver's license, passport, or employer ID); AND
(2) documentation from a
government or nonprofit agency or from a legal aid office that shows you get
benefits from a government program based on your income, you are homeless, or
you are eligible for legal aid services.
Examples of this documentation include BUT ARE NOT LIMITED TO:
- an EBT card;
- a Medical Assistance
or MinnesotaCare card;
- a Supplemental
Nutrition Assistance Program (SNAP) card; and
- a letter, email, or
other document from a government agency, nonprofit organization, or legal aid
organization showing that you get benefits from a government program based on
your income, you are homeless, or you are eligible for legal aid services."
Sec. 9. Minnesota Statutes 2022, section 168B.07, is amended by adding a subdivision to read:
Subd. 3d. Retrieval
of contents; remedy. (a) This
subdivision applies to an impound lot operator (1) who operates a nonpublic
impound lot, or (2) with which a unit of government exclusively contracts to
operate an impound lot solely for public use under section 168B.09.
(b) If an impound lot
operator denies the registered owner the right to retrieve the vehicle contents
in violation of subdivision 3, paragraph (c), an aggrieved registered vehicle
owner has a cause of action against the impound lot operator as provided in
this subdivision.
(c) If the vehicle and
its contents remain in the possession of the impound lot operator and retrieval
of the vehicle contents was denied in violation of subdivision 3, paragraph
(c), an aggrieved registered vehicle owner is entitled to injunctive relief to
retrieve the vehicle contents as well as reasonable attorney fees and costs.
(d) If an impound lot
operator sells or disposes of the vehicle contents after the registered owner
has provided the documentation required under subdivision 3, paragraph (c), an
aggrieved registered vehicle owner is entitled to statutory damages in an amount
of $1,000 and reasonable attorney fees and costs. An action brought pursuant to this paragraph
must be brought within 12 months of when the vehicle was impounded.
Sec. 10. Minnesota Statutes 2022, section 169A.63, subdivision 8, is amended to read:
Subd. 8. Administrative forfeiture procedure. (a) A motor vehicle used to commit a designated offense or used in conduct resulting in a designated license revocation is subject to administrative forfeiture under this subdivision.
(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within a reasonable time after seizure, the appropriate agency shall serve the driver or operator of the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all persons known to have an ownership, possessory, or security interest in the vehicle must be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to be registered under chapter 168, the notification to a person known to have a security interest in the vehicle is required only if the vehicle is registered under chapter 168 and the interest is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting authority, a court may extend the time period for sending notice for a period not to exceed 90 days for good cause shown. Notice mailed by certified mail to the address shown in Department of Public Safety records is sufficient notice to the registered owner of the vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed by certified mail to the address shown in the applicable filing or registration for the vehicle is sufficient notice to a person known to have an ownership, possessory, or security interest in the vehicle. Otherwise, notice may be given in the manner provided by law for service of a summons in a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for obtaining that judicial review, printed in English. This requirement does not preclude the appropriate agency from printing the notice in other languages in addition to English.
Substantially the following language must appear conspicuously in the notice:
"WARNING: If you were the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not file a lawsuit and serve the prosecuting authority within 60 days. You may file your lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must file in district court. You do not have to pay a filing fee for your lawsuit.
WARNING: If you have an ownership interest in the above-described property and were not the person arrested when the property was seized, you will automatically lose the above-described property and the right to be heard in court if you do not notify the prosecuting authority of your interest in writing within 60 days."
(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted or the extension period has expired, the appropriate agency shall return the vehicle to the owner. An agency's return of property due to lack of proper notice does not restrict the agency's authority to commence a forfeiture proceeding at a later time.
(e) Within 60 days
following service of a notice of seizure and forfeiture under this subdivision,
a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil
complaint and must be filed with the court administrator in the county in which
the seizure occurred, together with proof of service of a copy of the complaint
on the prosecuting authority having jurisdiction over the forfeiture. The claimant may serve the complaint by
certified mail or any means permitted by court rules. If the value of the seized property is
$15,000 or less, the claimant may file an action in conciliation court for
recovery of the seized vehicle. A copy
of the conciliation court statement of claim must may be served
personally or by mail as permitted by the Rules of Conciliation Court
Procedure on the prosecuting authority having jurisdiction over the
forfeiture within 60 days following service of the notice of seizure and
forfeiture under this subdivision. The
claimant does not have to pay the court filing fee.
No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The prosecuting authority may appear for the appropriate agency. Pleadings, filings, and methods of service are governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation Court Procedure.
(f) The complaint must be captioned in the name of the claimant as plaintiff and the seized vehicle as defendant, and must state with specificity the grounds on which the claimant alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and any affirmative defenses the claimant may have. Notwithstanding any law to the contrary, an action for the return of a vehicle seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(g) If the claimant makes a timely demand for a judicial determination under this subdivision, the forfeiture proceedings must be conducted as provided under subdivision 9.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 11. Minnesota Statutes 2022, section 259.11, is amended to read:
259.11 ORDER; FILING COPIES.
(a) Upon meeting the requirements of section 259.10, the court shall grant the application unless: (1) it finds that there is an intent to defraud or mislead; (2) section 259.13 prohibits granting the name change; or (3) in the case of the change of a minor child's name, the court finds that such name change is not in the best interests of the child. The court shall set forth in the order the name and age of the applicant's spouse and each child of the applicant, if any, and shall state a description of the lands, if any, in which the applicant and the spouse and children, if any, claim to have an interest. The court administrator shall file such order, and record the same in the judgment book. If lands be described therein, a certified copy of the order shall be filed for record, by the applicant, with the county recorder of each county wherein any of the same are situated. Before doing so the court administrator shall present the same to the county auditor who shall enter the change of name in the auditor's official records and note upon the instrument, over an official signature, the words "change of name recorded." Any such order shall not be filed, nor any certified copy thereof be issued, until the applicant shall have paid to the county recorder and court administrator the fee required by law. No application shall be denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court shall determine whether the person has a criminal history in this or any other state. The court may conduct a search of national records through the Federal Bureau of Investigation by submitting a set of fingerprints and the appropriate fee to the Bureau of Criminal Apprehension. If it is determined that the person has a criminal history in this or any other state, the court shall, within ten days after the name change application is granted, report the name change to the Bureau of Criminal Apprehension. The person whose name is changed shall also report the change to the Bureau of Criminal Apprehension within ten days. The court granting the name change application must explain this reporting duty in its order. Any person required to report the person's name change to the Bureau of Criminal Apprehension who fails to report the name change as required under this paragraph is guilty of a gross misdemeanor.
(c) Paragraph (b) does not
apply to either:
(1) a request for a name
change as part of an application for a marriage license under section 517.08; or
(2) a request for a name
change in conjunction with a marriage dissolution under section 518.27; or
(3) a request for a name change filed under section 259.14.
Sec. 12. Minnesota Statutes 2022, section 259.13, subdivision 1, is amended to read:
Subdivision 1. Procedure for seeking name change. (a) A person with a felony conviction under Minnesota law or the law of another state or federal jurisdiction shall serve a notice of application for a name change on the prosecuting authority that obtained the conviction against the person when seeking a name change through one of the following procedures:
(1) an application for a name change under section 259.10;
(2) a request for a name
change as part of an application for a marriage license under section 517.08;
or
(3) (2) a
request for a name change in conjunction with a marriage dissolution under
section 518.27.; or
(3) a request for a name
change under section 259.14.
If the conviction is from another state or federal jurisdiction, notice of application must also be served on the attorney general.
(b) A person who seeks a
name change under section 259.10 or 518.27 shall file proof of service with the
court as part of the name change request.
A person who seeks a name change under section 517.08 shall file
proof of service with the county as part of the application for a marriage
license.
(c) The name change request may not be granted during the 30-day period provided for in subdivision 2 or, if an objection is filed under subdivision 2, until satisfaction of the requirements in subdivision 3 or 4. Nothing in this section shall delay the granting of a marriage license under section 517.08, which may be granted without the name change.
Sec. 13. Minnesota Statutes 2022, section 259.13, subdivision 5, is amended to read:
Subd. 5. Costs. (a) Except as provided in paragraph (b), a person seeking a name change under this section may proceed in forma pauperis only when the failure to allow the name change would infringe upon a constitutional right.
(b) A court shall not
require a person with a felony conviction to pay filing fees for a name change
application provided that the person files the action within 180 days after the
marriage and submits to the court a certified copy of the marriage certificate.
Sec. 14. [259.14]
POSTDISSOLUTION NAME CHANGE.
(a) Unless section
259.13 applies, a person who has resided in this state for at least six months
and obtained the person's most recent final marriage dissolution from a
district court may apply to the district court in the county where the person
resides to change the person's name to the legal name on the person's birth
certificate. A person applying for a
name change must submit a certified copy of the certificate of dissolution
issued pursuant to section 518.148 and a certified copy of the person's birth
certificate. A person applying for a
name change who obtained a divorce in a state other than Minnesota must submit
a certified copy of the certificate of dissolution or a certified copy of an
equivalent court order ending the marriage and a certified copy of the person's
birth certificate.
(b) A court shall not
require a person applying for a name change to pay filing fees for an
application submitted pursuant to this section.
Notwithstanding section 259.10, a court shall not require the person
applying for a name change pursuant to this section to provide proof of the
person's identity by two witnesses unless the proof of identity is necessary to
determine whether the person has an intent to defraud or mislead the court.
(c) Upon meeting the
requirements of this section, the court shall grant the application for a name
change unless the court finds that (1) the person has an intent to defraud or
mislead the court; or (2) the name change is subject to section 259.13. The court shall notify the person applying
for a name change that using a different surname without complying with section
259.13, if applicable, is a gross misdemeanor.
Sec. 15. Minnesota Statutes 2022, section 325F.70, is amended by adding a subdivision to read:
Subd. 3. Private
enforcement. (a) In addition
to the remedies otherwise provided by law, a consumer injured by a violation of
sections 325F.68 to 325F.70, in connection with a sale of merchandise for
personal, family, household, or agricultural purposes, may bring a civil action
and recover damages, together with costs and disbursements, including costs of
investigation and reasonable attorney fees, and receive other equitable relief
as determined by the court. An action
brought under this section benefits the public.
(b) For the purposes of
this subdivision:
(1) "consumer"
means a natural person or family farmer;
(2) "family
farmer" means a person or persons operating a family farm; and
(3) "family farm" has the meaning given in section 116B.02, subdivision 6.
EFFECTIVE DATE. This
section is effective August 1, 2023, and applies to causes of action commenced
on or after that date.
Sec. 16. Minnesota Statutes 2022, section 325F.992, subdivision 3, is amended to read:
Subd. 3. Penalties;
remedies. In addition to any other
remedies available under the law, the military beneficiary injured by a
violation of this section may bring a cause of action to recover damages,
reasonable attorney fees and costs, or and equitable relief
related to a violation of subdivision 2.
The attorney general may enforce this section pursuant to applicable
law.
Sec. 17. Minnesota Statutes 2022, section 336.9-601, is amended to read:
336.9-601 RIGHTS AFTER DEFAULT; JUDICIAL ENFORCEMENT; CONSIGNOR OR
BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.
(a) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in section 336.9-602, those provided by agreement of the parties. A secured party:
(1) may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
(2) if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(b) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under section 336.7-106, 336.9-104, 336.9-105, 336.9-106, or 336.9-107 has the rights and duties provided in section 336.9-207.
(c) Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously.
(d) Rights of debtor and obligor. Except as otherwise provided in subsection (g) and section 336.9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(e) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
(1) the date of perfection of the security interest or agricultural lien in the collateral;
(2) the date of filing a financing statement covering the collateral; or
(3) any date specified in a statute under which the agricultural lien was created.
(f) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
(g) Consignor or buyer of certain rights to payment. Except as otherwise provided in section 336.9-607 (c), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
(h) Security interest in collateral that is agricultural property;
enforcement. A person may not begin
to enforce a security interest in collateral that is agricultural property
subject to sections 583.20 to 583.32 that has secured a debt of more than the
amount provided in section 583.24, subdivision 5, unless: a mediation notice under subsection (i) is
served on the debtor after a condition of default has occurred in the security
agreement and a copy served on the director of the agricultural Minnesota
extension service; and the debtor and creditor have completed mediation under
sections 583.20 to 583.32; or as otherwise allowed under sections 583.20 to
583.32.
(i) Mediation notice. A mediation notice under subsection (h) must contain the following notice with the blanks properly filled in.
"TO: ...(Name of Debtor)...
YOU HAVE DEFAULTED ON THE ...(Debt in Default)... SECURED BY AGRICULTURAL PROPERTY DESCRIBED AS ...(Reasonable Description of Agricultural Property Collateral). THE AMOUNT OF THE OUTSTANDING DEBT IS ...(Amount of Debt)...
AS A SECURED PARTY, ...(Name of Secured Party)... INTENDS TO ENFORCE THE SECURITY AGREEMENT AGAINST THE AGRICULTURAL PROPERTY DESCRIBED ABOVE BY REPOSSESSING, FORECLOSING ON, OR OBTAINING A COURT JUDGMENT AGAINST THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN
MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION
SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU
TO PREPARE FINANCIAL INFORMATION. IF YOU
DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE
YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION
WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED FOR
MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14 DAYS
AFTER YOU RECEIVE THIS NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY
EXTENSION OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ...(Name and Address of Secured Party)..."
Sec. 18. Minnesota Statutes 2022, section 351.01, subdivision 2, is amended to read:
Subd. 2. When
effective. Except as provided by
subdivision 3 or other express provision of law or charter to the contrary, a
resignation is effective when it is received by the officer, body, or board
authorized to receive it. In the case
of a position appointed by the governor under section 15.0597, the resignation
must be submitted to the governor.
Sec. 19. Minnesota Statutes 2022, section 364.021, is amended to read:
364.021 PUBLIC AND PRIVATE EMPLOYMENT; CONSIDERATION OF CRIMINAL
RECORDS.
(a) A public or private employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made to the applicant.
(b) This section does not apply to the Department of Corrections or to employers who have a statutory duty to conduct a criminal history background check or otherwise take into consideration a potential employee's criminal history during the hiring process.
(c) This section does not prohibit an employer from notifying applicants that law or the employer's policy will disqualify an individual with a particular criminal history background from employment in particular positions.
(d) An appointing
authority may not inquire into or consider or require disclosure of the
criminal record or criminal history of an applicant for appointment to
multimember agencies, including boards, commissions, agencies, committees,
councils, authorities, advisory task forces, and advisory councils, on an
application form or, until the applicant has been selected for an interview by
the appointing authority or is otherwise selected as a final candidate for
appointment.
Sec. 20. Minnesota Statutes 2022, section 364.06, subdivision 1, is amended to read:
Subdivision 1. Public employers. Any complaints or grievances concerning violations of sections 364.01 to 364.10 by public employers or violations of section 364.021 by public appointing authorities shall be processed and adjudicated in accordance with the procedures set forth in chapter 14, the Administrative Procedure Act.
Sec. 21. [484.94]
ATTORNEY ACCESS TO COURT RECORDS.
An attorney who is
admitted and licensed to practice law in the state may apply for a Minnesota
Government Access account to access electronic court records and documents
stored in the Minnesota Court Information System for cases in state district
courts. An attorney shall be able to
view and print case documents and information without cost to the attorney.
Sec. 22. Minnesota Statutes 2022, section 504B.301, is amended to read:
504B.301 EVICTION ACTION FOR UNLAWFUL DETENTION.
A person may be evicted if the person has unlawfully or forcibly occupied or taken possession of real property or unlawfully detains or retains possession of real property.
A seizure under section
609.5317, subdivision 1, for which there is not a defense under section
609.5317, subdivision 3, constitutes unlawful detention by the tenant.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 23. Minnesota Statutes 2022, section 507.07, is amended to read:
507.07 WARRANTY AND QUITCLAIM DEEDS; FORMS.
Warranty and quitclaim deeds may be substantially in the following forms:
WARRANTY DEED
A.B., grantor, of (here insert the place of residence), for and in consideration of (here insert the consideration), conveys and warrants to C.D., grantee, of (here insert the place of residence), the following described real estate in the county of .........................., in the state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed as required by law, shall be a conveyance in fee simple of the premises described to the grantee, the grantee's heirs and assigns, with covenants on the part of the grantor, the grantor's heirs and personal representatives, that the grantor is lawfully seized of the premises in fee simple and has good right to convey the same; that the premises are free from all encumbrances; that the grantor warrants to the grantee, the grantee's heirs and assigns, the quiet and peaceable possession thereof; and that the grantor will defend the title thereto against all persons who may lawfully claim the same. Such covenants shall be obligatory upon any grantor, the grantor's heirs and personal representatives, as fully and with like effect as if written at length in such deed.
QUITCLAIM DEED
A.B., grantor, of (here insert the place of residence), for the consideration of (here insert the consideration), conveys and quitclaims to C.D., the grantee, of (here insert the place of residence), all interest in the following described real estate in the county of .........................., in the state of Minnesota: (here describe the premises).
Dated this ............... day of ................, .......
(Signature) ...................................
Every such instrument, duly executed, shall be a conveyance to the grantee, the grantee's heirs and assigns, of all right, title, and interest of the grantor in the premises described, but shall not extend to after acquired title, unless words expressing such intention be added.
Sec. 24. Minnesota Statutes 2022, section 508.52, is amended to read:
508.52 CONVEYANCE; CANCELLATION OF OLD AND ISSUANCE OF NEW CERTIFICATE.
An owner of registered land who desires to convey the land, or a portion thereof, in fee, shall execute a deed of conveyance, and record the deed with the registrar. The deed of conveyance shall be recorded and endorsed with the number and place of registration of the certificate of title. Before canceling the outstanding certificate of title the registrar shall show by memorial thereon the registration of the deed on the basis of which it is canceled. The
encumbrances, claims, or
interests adverse to the title of the registered owner shall be stated upon the
new certificate, except so far as they may be simultaneously released or
discharged. The registrar shall not
carry forward as a memorial on the new certificate of title any memorials of a
transfer on death deed if the grantors of the transfer on death deed retain no
fee interest in the land covered by the new certificate. The certificate of title shall be marked
"Canceled" by the registrar, who shall enter in the register a new
certificate of title to the grantee and prepare and deliver to the grantee
a copy of the new certificate of title.
The registrar, upon request, shall deliver to the grantee a copy of
the new certificate of title. If a
deed in fee is for a portion of the land described in a certificate of title,
the memorial of the deed entered by the registrar shall include the legal
description contained in the deed and the registrar shall enter a new
certificate of title to the grantee for the portion of the land conveyed and,
except as otherwise provided in this section, issue a residue certificate of
title to the grantor for the portion of the land not conveyed. The registrar shall prepare and, upon
request, deliver to each of the parties a copy of their respective
certificates of title. In lieu of
canceling the grantor's certificate of title and issuing a residue certificate
to the grantor for the portion of the land not conveyed, the registrar may if
the grantor's deed does not divide a parcel of unplatted land, and in the
absence of a request to the contrary by the registered owner, mark by the land
description on the certificate of title "Part of land conveyed, see
memorials." The fee for a residue
certificate of title shall be paid to the registrar only when the grantor's
certificate of title is canceled after the conveyance by the grantor of a
portion of the land described in the grantor's certificate of title. When two or more successive conveyances of
the same property are filed for registration on the same day the registrar may
enter a certificate in favor of the grantee or grantees in the last of the
successive conveyances, and the memorial of the previous deed or deeds entered
on the prior certificate of title shall have the same force and effect as
though the prior certificate of title had been entered in favor of the grantee
or grantees in the earlier deed or deeds in the successive conveyances. The fees for the registration of the earlier
deed or deeds shall be the same as the fees prescribed for the entry of
memorials. The registrar of titles, with
the consent of the transferee, may mark "See memorials for new
owner(s)" by the names of the registered owners on the certificate of
title and also add to the memorial of the transferring conveyance a statement
that the memorial shall serve in lieu of a new certificate of title in favor of
the grantee or grantees therein noted and may refrain from canceling the
certificate of title until the time it is canceled by a subsequent transfer,
and the memorial showing such transfer of title shall have the same effect as
the entry of a new certificate of title for the land described in the
certificate of title; the fee for the registration of a conveyance without
cancellation of the certificate of title shall be the same as the fee
prescribed for the entry of a memorial.
Sec. 25. Minnesota Statutes 2022, section 517.08, subdivision 1a, is amended to read:
Subd. 1a. Form. Application for a civil marriage license shall be made by both of the parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties and the sex of each party;
(2) their post office addresses and county and state of residence;
(3) their full ages;
(4) if either party has previously been married, the party's married name, and the date, place and court in which the civil marriage was dissolved or annulled or the date and place of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the parties' Social Security numbers. The Social Security numbers must be collected for the application but must not appear on the civil marriage license. If a party listed on a civil marriage application does not have a Social Security number, the party must certify on the application, or a supplement to the application, that the party does not have a Social Security number;
(8) if one or both of the
parties party to the civil marriage license has a felony conviction
under Minnesota law or the law of another state or federal jurisdiction, the parties
shall provide to the county proof of service upon the prosecuting authority
and, if applicable, the attorney general, as required by party may not
change the party's name through the marriage
application process and must follow the process in section 259.13 to change the party's name;
and
(9) notice that a party who has a felony conviction under Minnesota law or the law of another state or federal jurisdiction may not use a different name after a civil marriage except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Sec. 26. Minnesota Statutes 2022, section 517.08, subdivision 1b, is amended to read:
Subd. 1b. Term of license; fee; premarital education. (a) The local registrar shall examine upon oath the parties applying for a license relative to the legality of the contemplated civil marriage. Both parties must present proof of age to the local registrar. If one party is unable to appear in person, the party appearing may complete the absent applicant's information. The local registrar shall provide a copy of the civil marriage application to the party who is unable to appear, who must verify the accuracy of the appearing party's information in a notarized statement. The verification statement must be accompanied by a copy of proof of age of the party. The civil marriage license must not be released until the verification statement and proof of age has been received by the local registrar. If the local registrar is satisfied that there is no legal impediment to it, including the restriction contained in section 259.13, the local registrar shall issue the license, containing the full names of the parties before and after the civil marriage, and county and state of residence, with the county seal attached, and make a record of the date of issuance. The license shall be valid for a period of six months. Except as provided in paragraph (b), the local registrar shall collect from the applicant a fee of $115 for administering the oath, issuing, recording, and filing all papers required, and preparing and transmitting to the state registrar of vital records the reports of civil marriage required by this section. If the license should not be used within the period of six months due to illness or other extenuating circumstances, it may be surrendered to the local registrar for cancellation, and in that case a new license shall issue upon request of the parties of the original license without fee. A local registrar who knowingly issues or signs a civil marriage license in any manner other than as provided in this section shall pay to the parties aggrieved an amount not to exceed $1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of premarital education is $40. In order to qualify for the reduced license fee, the parties must submit at the time of applying for the civil marriage license a statement that is signed, dated, and notarized or marked with a church seal from the person who provided the premarital education on their letterhead confirming that it was received. The premarital education must be provided by a licensed or ordained minister or the minister's designee, a person authorized to solemnize civil marriages under section 517.18, or a person authorized to practice marriage and family therapy under section 148B.33. The education must include the use of a premarital inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph (b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both parties) received at least 12 hours of premarital education that included the use of a premarital inventory and the teaching of communication and conflict management skills. I am a licensed or ordained minister, a person authorized to solemnize civil marriages under Minnesota Statutes, section 517.18, or a person licensed to practice marriage and family therapy under Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names of the parties as they appear in the civil marriage license application. Notwithstanding section 138.17, the educator's statement must be retained for seven years, after which time it may be destroyed.
(d) If section 259.13
applies to the request for a civil marriage license, the local registrar shall
grant the civil marriage license without the requested name change. Alternatively, the local registrar may delay
the granting of the civil marriage license until the party with the conviction:
(1) certifies under oath
that 30 days have passed since service of the notice for a name change upon the
prosecuting authority and, if applicable,
the attorney general and no objection has been filed under section 259.13; or
(2) provides a certified
copy of the court order granting it. The
parties seeking the civil marriage license shall have the right to choose to
have the license granted without the name change or to delay its granting
pending further action on the name change request.
Sec. 27. Minnesota Statutes 2022, section 518.191, subdivision 1, is amended to read:
Subdivision 1. Abbreviated
judgment and decree. If real estate
is described in a judgment and decree of dissolution, the court may shall
direct either of the parties or their legal counsel to prepare and submit to
the court a proposed summary real estate disposition judgment. Upon approval by the court and filing of the
summary real estate disposition judgment with the court administrator, the
court administrator shall provide to any party upon request certified copies of
the summary real estate disposition judgment.
Sec. 28. Minnesota Statutes 2022, section 518.191, subdivision 3, is amended to read:
Subd. 3. Court
order. An order or provision in a
judgment and decree that provides that the judgment and decree must be recorded
in the office of the county recorder or filed in the office of the registrar of
titles means, if a summary real estate disposition judgment has been approved
by the court, that the summary real estate disposition judgment, rather than
the judgment and decree, must be recorded in the office of the county recorder
or filed in the office of the registrar of titles. The recorder or registrar of titles is not
responsible for determining if a summary real estate disposition judgment has
been approved by the court.
Sec. 29. Minnesota Statutes 2022, section 541.023, subdivision 6, is amended to read:
Subd. 6. Limitations; certain titles not affected. This section shall not affect any rights of the federal government; nor increase the effect as notice, actual or constructive, of any instrument now of record; nor bar the rights of any person, partnership, state agency or department, or corporation in possession of real estate. This section shall not impair the record title or record interest, or title obtained by or through any congressional or legislative grant, of any railroad corporation or other public service corporation or any trustee or receiver thereof or of any educational or religious corporation in any real estate by reason of any failure to record further evidence of such title or interest even though the record thereof is now or hereafter more than 40 years old; nor shall this section require the recording of any notice as provided for in this section as to any undischarged mortgage or deed of trust executed by any such corporation or any trustee or receiver thereof or to any claim or action founded upon any such undischarged mortgage or deed of trust. The exceptions of this subdivision shall not include (1) reservations or exceptions of land for right-of-way or other railroad purposes contained in deeds of conveyance made by a railroad company or by trustees or receivers thereof, unless said reserved or excepted land shall have been put to railroad use within 40 years after the date of said deeds of conveyance, (2) nor any rights under any conditions subsequent or restrictions contained in any such deeds of conveyance.
Sec. 30. Minnesota Statutes 2022, section 550.365, subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Judgment Debtor)....
A JUDGMENT WAS ORDERED AGAINST YOU BY ....(Name of Court).... ON .... (Date of Judgment).
AS A JUDGMENT CREDITOR, ....(Name of Judgment Creditor).... INTENDS TO TAKE ACTION AGAINST THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Description of Agricultural Property).... TO SATISFY THE JUDGMENT IN THE AMOUNT OF ....(Amount of Debt)....
YOU HAVE THE RIGHT TO HAVE THE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN
MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION
SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU
PREPARE FINANCIAL INFORMATION. IF YOU
DECIDE TO PARTICIPATE IN MEDIATION, IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE
YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION
OFFICE AS SOON AS POSSIBLE. MEDIATION
WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE DEBT REVIEWED
FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR WITHIN 14
DAYS AFTER YOU RECEIVE THIS NOTICE. THE
MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR COUNTY
EXTENSION OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Judgment Creditor)...."
Sec. 31. Minnesota Statutes 2022, section 559.209, subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Contract for Deed Purchaser)....
YOU HAVE DEFAULTED ON THE CONTRACT FOR DEED OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location of Property, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT IS ....(Amount of Debt)....
AS THE CONTRACT FOR DEED VENDOR, ....(Contract for Deed Vendor).... INTENDS TO TERMINATE THE CONTRACT AND TAKE BACK THE PROPERTY.
YOU HAVE THE RIGHT TO HAVE THE CONTRACT FOR DEED DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE CONTRACT FOR DEED VENDOR BEGINS REMEDIES TO ENFORCE THE DEBT.
IF YOU PARTICIPATE IN
MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION
SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU
PREPARE FINANCIAL INFORMATION. IF YOU
DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE CONTRACT FOR DEED
DEBT REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR
WITHIN 14 DAYS AFTER YOU RECEIVE THE NOTICE.
THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY EXTENSION
OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION SERVICE.
FROM: ....(Name and Address of Contract for Deed Vendor)...."
Sec. 32. Minnesota Statutes 2022, section 573.01, is amended to read:
573.01 SURVIVAL OF CAUSES.
A cause of action arising
out of an injury to the person dies with the person of the party in whose
favor it exists, except as provided in survives the death of any party
in accordance with section 573.02. All
other causes of action by one against another, whether arising on contract or
not, survive to the personal representatives of the former and against those of
the latter.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to causes of
action pending on or commenced on or after that date.
Sec. 33. Minnesota Statutes 2022, section 573.02, subdivision 1, is amended to read:
Subdivision 1. Death
action. When death is caused by the
wrongful act or omission of any person or corporation, the trustee appointed as
provided in subdivision 3 may maintain an action therefor if the decedent might
have maintained an action, had the decedent lived, for an injury caused by the
wrongful act or omission. An action to
recover damages for a death caused by the alleged professional negligence of a
physician, surgeon, dentist, hospital or sanitarium, or an employee of a
physician, surgeon, dentist, hospital or sanitarium shall be commenced within
three years of the date of death, but in no event shall be commenced beyond the
time set forth in section 541.076. An
action to recover damages for a death caused by an intentional act constituting
murder may be commenced at any time after the death of the decedent. Any other action under this section may be
commenced within three years after the date of death provided that the action
must be commenced within six years after the act or omission. The recovery in the action is the amount the
jury deems fair and just in reference to for all damages suffered by
the decedent resulting from the injury prior to the decedent's death and
the pecuniary loss resulting from the death, and shall be for the exclusive
benefit of the surviving spouse and next of kin, proportionate to the pecuniary
loss severally suffered by the death. The
court then determines the proportionate pecuniary loss of the persons entitled
to the recovery and orders distribution accordingly. Funeral expenses and any demand for the
support of the decedent allowed by the court having jurisdiction of the action,
are first deducted and paid. Punitive
damages may be awarded as provided in section 549.20.
If an action for the injury was commenced by the decedent and not finally determined while living, it may be continued by the trustee for recovery of all damages for the exclusive benefit of the surviving spouse and next of kin, proportionate to the pecuniary loss severally suffered by the death. The court on motion shall make an order allowing the continuance and directing pleadings to be made and issues framed as in actions begun under this section.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to causes of
action pending on or commenced on or after that date.
Sec. 34. Minnesota Statutes 2022, section 573.02, subdivision 2, is amended to read:
Subd. 2. Injury
action. When injury is caused to a
person by the wrongful act or omission of any person or corporation and the
person thereafter dies from a cause unrelated to those injuries, the trustee
appointed in subdivision 3 may maintain an action for special damages all
damages arising out of such injury if the decedent might have maintained an
action therefor had the decedent lived. An
action under this subdivision may be commenced within three years after the
date of death provided that the action must be commenced within six years after
the act or omission.
EFFECTIVE DATE. This
section is effective the day following final enactment and applies to causes of
action pending on or commenced on or after that date.
Sec. 35. [573.021]
PEACETIME EMERGENCY INJURY ACTION; STATUTE OF LIMITATIONS.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Health care
provider" means a physician, surgeon, dentist, occupational therapist,
other health care professional as defined in section 145.61, assisted living
facility licensed under chapter 144G, long-term care facility licensed under
chapter 144A, hospital, or treatment facility.
(c) "Peacetime
emergency" means the peacetime emergency declared by the governor in an
executive order or extended by subsequent orders from March 14, 2020, to July
1, 2021.
Subd. 2. Injury
action; statute of limitations. An
action, brought pursuant to section 573.02, subdivision 2, that accrued during
the peacetime emergency against a health care provider alleging malpractice,
error, mistake, or failure to cure regarding treatment, transmission, or
vaccination related to the infectious disease that was the subject of the
peacetime emergency must be filed within one year from the date of death of the
former patient or resident.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 36. Minnesota Statutes 2022, section 582.039, subdivision 2, is amended to read:
Subd. 2. Contents. A mediation notice must contain the following notice with the blanks properly filled in.
"TO: ....(Name of Record Owner)....
YOU HAVE DEFAULTED ON THE MORTGAGE OF THE AGRICULTURAL PROPERTY DESCRIBED AS ....(Size and Reasonable Location, Not Legal Description). THE AMOUNT OF THE OUTSTANDING DEBT ON THIS PROPERTY IS ....(Amount of Debt)....
AS HOLDER OF THE MORTGAGE, ....(Name of Holder of Mortgage).... INTENDS TO FORECLOSE ON THE PROPERTY DESCRIBED ABOVE.
YOU HAVE THE RIGHT TO HAVE THE MORTGAGE DEBT REVIEWED FOR MEDIATION. IF YOU REQUEST MEDIATION, A DEBT THAT IS IN DEFAULT WILL BE MEDIATED ONLY ONCE. IF YOU DO NOT REQUEST MEDIATION, THIS DEBT WILL NOT BE SUBJECT TO FUTURE MEDIATION IF THE SECURED PARTY ENFORCES THE DEBT.
IF YOU PARTICIPATE IN
MEDIATION, THE DIRECTOR OF THE AGRICULTURAL MINNESOTA EXTENSION
SERVICE WILL PROVIDE AN ORIENTATION MEETING AND A FINANCIAL ANALYST TO HELP YOU
PREPARE FINANCIAL INFORMATION. IF YOU
DECIDE TO PARTICIPATE IN MEDIATION,
IT WILL BE TO YOUR ADVANTAGE TO ASSEMBLE YOUR FARM FINANCE AND OPERATION RECORDS AND TO CONTACT A COUNTY EXTENSION OFFICE AS SOON AS POSSIBLE. MEDIATION WILL ATTEMPT TO ARRIVE AT AN AGREEMENT FOR HANDLING FUTURE FINANCIAL RELATIONS.
TO HAVE THE MORTGAGE DEBT
REVIEWED FOR MEDIATION YOU MUST FILE A MEDIATION REQUEST WITH THE DIRECTOR
WITHIN 14 DAYS AFTER YOU RECEIVE THIS NOTICE.
THE MEDIATION REQUEST FORM IS AVAILABLE AT ANY COUNTY RECORDER'S OR
COUNTY EXTENSION OFFICE FROM THE DIRECTOR OF THE MINNESOTA EXTENSION
SERVICE.
FROM: ....(Name and Address of Holder of Mortgage)...."
Sec. 37. Minnesota Statutes 2022, section 583.25, is amended to read:
583.25 VOLUNTARY MEDIATION PROCEEDINGS.
A debtor that owns
agricultural property or a creditor of the debtor may request mediation of the
indebtedness by a farm mediator by applying to the director. The director shall make provide
voluntary mediation application forms available at the county recorder's and
county extension office in each county when requested. The director must evaluate each request and
may direct a mediator to meet with the debtor and creditor to assist in
mediation.
Sec. 38. Minnesota Statutes 2022, section 583.26, subdivision 2, is amended to read:
Subd. 2. Mediation
request. (a) A debtor must file a
mediation request form with the director by 14 days after receiving a mediation
notice. The debtor must state all known
creditors with debts secured for agricultural property and must authorize the
director to obtain the debtor's credit report from one or more credit reporting
agencies. The mediation request form
must include an instruction that the debtor must state all known creditors with
debts secured by agricultural property and unsecured creditors that are
necessary for the farm operation of the debtor.
It is the debtor's discretion as to which unsecured creditors are
necessary for the farm operation but the mediation request form must notify the
debtor that omission of a significant unsecured creditor could result in a
bad-faith determination pursuant to section 583.27, subdivisions 1, paragraph
(a), clause (2), and 2. The mediation
request must state the date that the notice was served on the debtor. The director shall make provide
mediation request forms available in the county recorder's and county
extension office of each county when requested.
(b) Except as provided in section 583.24, subdivision 4, paragraph (a), clause (3), a debtor who fails to file a timely mediation request waives the right to mediation for that debt under the Farmer-Lender Mediation Act. The director shall notify the creditor who served the mediation notice stating that the creditor may proceed against the agricultural property because the debtor has failed to file a mediation request.
(c) If a debtor has not received a mediation notice and is subject to a proceeding of a creditor enforcing a debt against agricultural property under chapter 580 or 581 or sections 336.9-601 to 336.9-628, terminating a contract for deed to purchase agricultural property under section 559.21, or garnishing, levying on, executing on, seizing, or attaching agricultural property, the debtor may file a mediation request with the director. The mediation request form must indicate that the debtor has not received a mediation notice.
Sec. 39. Minnesota Statutes 2022, section 600.23, is amended to read:
600.23 RECORDERS AND COURT ADMINISTRATORS.
Subdivision 1. Deposit
of papers. Every county recorder,
upon being paid the legal fees therefor, shall may receive and
deposit in the office any instruments or papers which shall be are
offered for that purpose and, if required requested, shall give
to the person depositing the same a receipt therefor.
Subd. 2. Endorsed and filed. Any such instruments or papers so received shall be filed by the officer receiving the same, and so endorsed as to indicate their general nature, the names of the parties thereto, and time when received, and shall be deposited and kept by the officer and successors in office in the same manner as the officer's official papers, but in a place separate therefrom.
Subd. 3. Withdrawal. Papers and instruments so deposited shall not be made public or withdrawn from the office except upon the written order of the person depositing the same, or the person's executors or administrators, or on the order of some court for the purpose of being read in the court, and then to be returned to the office.
Subd. 3a. Retention
and disposal. Papers and
instruments deposited for safekeeping shall be retained, at a minimum, until
the earlier of:
(1) the county recorder
learns of the depositor's death, at which time the county recorder may deliver
the paper or instrument to the appropriate court, or deliver the paper or
instrument to the depositor's executors or administrators; or
(2) 20 years following
the deposit of the paper or instrument, at which time the county recorder shall
dispose of the paper or instrument pursuant to its county's retention policy.
Subd. 4. Certificate that instrument cannot be found. The certificate of any officer to whom the legal custody of any instrument belongs, stating that the officer has made diligent search for such instrument and that it cannot be found, shall be prima facie evidence of the fact so certified to in all cases, matters, and proceedings.
Sec. 40. Minnesota Statutes 2022, section 609.5314, subdivision 3, is amended to read:
Subd. 3. Judicial determination. (a) Within 60 days following service of a notice of seizure and forfeiture under this section, a claimant may file a demand for a judicial determination of the forfeiture. The demand must be in the form of a civil complaint and must be filed with the court administrator in the county in which the seizure occurred, together with proof of service of a copy of the complaint on the prosecuting authority for that county. The claimant may serve the complaint on the prosecuting authority by certified mail or any means permitted by court rules. If the value of the seized property is $15,000 or less, the claimant may file an action in conciliation court for recovery of the seized property. A copy of the conciliation court statement of claim may be served personally or as permitted by the Rules of Conciliation Court Procedure on the prosecuting authority having jurisdiction over the forfeiture within 60 days following service of the notice of seizure and forfeiture under this subdivision. The claimant does not have to pay the court filing fee. No responsive pleading is required of the prosecuting authority and no court fees may be charged for the prosecuting authority's appearance in the matter. The district court administrator shall schedule the hearing as soon as practicable after, and in any event no later than 90 days following, the conclusion of the criminal prosecution. The proceedings are governed by the Rules of Civil Procedure and, where applicable, by the Rules of Conciliation Court Procedure.
(b) The complaint must be captioned in the name of the claimant as plaintiff and the seized property as defendant, and must state with specificity the grounds on which the claimant alleges the property was improperly seized and the plaintiff's interest in the property seized. Notwithstanding any law to the contrary, an action for the return of property seized under this section may not be maintained by or on behalf of any person who has been served with a notice of seizure and forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial determination under this subdivision, the appropriate agency must conduct the forfeiture under section 609.531, subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3, apply to the judicial determination.
(d) If a demand for judicial determination of an administrative forfeiture is filed under this subdivision and the court orders the return of the seized property, the court may order sanctions under section 549.211. If the court orders payment of these costs, they must be paid from forfeited money or proceeds from the sale of forfeited property from the appropriate law enforcement and prosecuting agencies in the same proportion as they would be distributed under section 609.5315, subdivision 5.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 41. Minnesota Statutes 2022, section 611.215, subdivision 1, is amended to read:
Subdivision 1. Structure;
membership. (a) The State Board of
Public Defense is a part of, but is not subject to the administrative control
of, the judicial branch of government. The
State Board of Public Defense shall consist of seven nine members
including:
(1) four five
attorneys admitted to the practice of law, well acquainted with the defense of
persons accused of crime, but not employed as prosecutors, appointed by the
supreme court, of which one must be a retired or former public defender
within the past five years; and
(2) three four
public members appointed by the governor.
The appointing authorities may not appoint a person who is a judge to be a member of the State Board of Public Defense, other than as a member of the ad hoc Board of Public Defense.
(b) All members shall demonstrate an interest in maintaining a high quality, independent defense system for those who are unable to obtain adequate representation. Appointments to the board shall include qualified women and members of minority groups. At least three members of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth Judicial Districts. The terms, compensation, and removal of members shall be as provided in section 15.0575. The chair shall be elected by the members from among the membership for a term of two years.
(c) In addition, the State Board of Public Defense shall consist of a nine-member ad hoc board when considering the appointment of district public defenders under section 611.26, subdivision 2. The terms of chief district public defenders currently serving shall terminate in accordance with the staggered term schedule set forth in section 611.26, subdivision 2.
(d) Meetings of the board
are subject to chapter 13D.
Sec. 42. REPEALER.
(a) Minnesota Statutes
2022, sections 346.02; and 582.14, are repealed.
(b) Minnesota Statutes
2022, section 504B.305, is repealed.
EFFECTIVE DATE. Paragraph
(b) is effective the day following final enactment.
B. CIVIL RIGHTS LAW
Sec. 43. Minnesota Statutes 2022, section 82B.195, subdivision 3, is amended to read:
Subd. 3. Additional requirements. In addition to the requirements of subdivisions 1 and 2, an appraiser must:
(1) not knowingly make any of the following unacceptable appraisal practices:
(i) include inaccurate or misleading factual data about the subject neighborhood, site, improvements, or comparable sales;
(ii) fail to comment on negative factors with respect to the subject neighborhood, subject property, or proximity of the subject property to adverse influences;
(iii) unless otherwise disclosed in the appraisal report, use comparables in the valuation process that the appraiser has not at least personally inspected from the exterior by driving by them;
(iv) select and use inappropriate comparable sales or fail to use comparables that are physically and by location the most similar to the subject property;
(v) use data, particularly comparable sales data, that was provided by parties who have a financial interest in the sale or financing of the subject property without the appraiser's verification of the information from a disinterested source. For example, it would be inappropriate for an appraiser to use comparable sales provided by the builder of the subject property or a real estate broker who is handling the sale of the subject property, unless the appraiser verifies the accuracy of the data provided through another source. If a signed HUD Settlement Statement is used for this verification, the appraiser must also verify the sale data with the buyer or county records. The appraiser must also make an independent investigation to determine that the comparable sales provided were the best ones available;
(vi) use adjustments to the comparable sales that do not reflect the market's reaction to the differences between the subject property and the comparables, or fail to make adjustments when they are clearly indicated;
(vii) develop a valuation conclusion that is based either partially or completely on factors identified in chapter 363A, including race, color, creed, religion, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, familial status of the owner or occupants of nearby property, or national origin of either the prospective owners or occupants of the properties in the vicinity of the subject property; or
(viii) develop a valuation conclusion that is not supported by available market data;
(2) provide a resume, current within six months of the date it is provided, to anyone who employs the appraiser, indicating all professional degrees and licenses held by the appraiser; and
(3) reject any request by the person who has employed the appraiser that is in conflict with the requirements of Minnesota law or this chapter and withdraw from the appraisal assignment if the employing party persists in the request.
Sec. 44. Minnesota Statutes 2022, section 245I.12, subdivision 1, is amended to read:
Subdivision 1. Client rights. A license holder must ensure that all clients have the following rights:
(1) the rights listed in the health care bill of rights in section 144.651;
(2) the right to be free from discrimination based on age, race, color, creed, religion, national origin, sex, gender identity, marital status, disability, sexual orientation, and status with regard to public assistance. The license holder must follow all applicable state and federal laws including the Minnesota Human Rights Act, chapter 363A; and
(3) the right to be informed prior to a photograph or audio or video recording being made of the client. The client has the right to refuse to allow any recording or photograph of the client that is not for the purposes of identification or supervision by the license holder.
Sec. 45. Minnesota Statutes 2022, section 363A.02, subdivision 1, is amended to read:
Subdivision 1. Freedom from discrimination. (a) It is the public policy of this state to secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, familial status, and age;
(2) in housing and real property because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, and familial status;
(3) in public accommodations because of race, color, creed, religion, national origin, sex, gender identity, sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, sexual orientation, and status with regard to public assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, gender identity, marital status, disability, status with regard to public assistance, sexual orientation, and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state and menaces the institutions and foundations of democracy. It is also the public policy of this state to protect all persons from wholly unfounded charges of discrimination. Nothing in this chapter shall be interpreted as restricting the implementation of positive action programs to combat discrimination.
Sec. 46. Minnesota Statutes 2022, section 363A.03, subdivision 23, is amended to read:
Subd. 23. Local commission. "Local commission" means an agency of a city, county, or group of counties created pursuant to law, resolution of a county board, city charter, or municipal ordinance for the purpose of dealing with discrimination on the basis of race, color, creed, religion, national origin, sex, gender identity, age, disability, marital status, status with regard to public assistance, sexual orientation, or familial status.
Sec. 47. Minnesota Statutes 2022, section 363A.03, subdivision 44, is amended to read:
Subd. 44. Sexual
orientation. "Sexual
orientation" means having or being perceived as having an emotional,
physical, or sexual attachment to another person without regard to the sex of
that person or having or being perceived as having an orientation for such
attachment, or having or being perceived as having a self-image or identity not
traditionally associated with one's biological maleness or femaleness. "Sexual orientation" does not
include a physical or sexual attachment to children by an adult to whom
someone is, or is perceived of as being, emotionally, physically, or sexually
attracted to based on sex or gender identity.
A person may be attracted to men, women, both, neither, or to people who
are genderqueer, androgynous, or have other gender identities.
Sec. 48. Minnesota Statutes 2022, section 363A.03, is amended by adding a subdivision to read:
Subd. 50. Gender
identity. "Gender
identity" means a person's inherent sense of being a man, woman, both, or
neither. A person's gender identity may
or may not correspond to their assigned sex at birth or to their primary or
secondary sex characteristics. A
person's gender identity is not necessarily visible to others.
Sec. 49. Minnesota Statutes 2022, section 363A.04, is amended to read:
363A.04 CONSTRUCTION AND EXCLUSIVITY.
The provisions of this chapter shall be construed liberally for the accomplishment of the purposes thereof. Nothing contained in this chapter shall be deemed to repeal any of the provisions of the civil rights law or of any other law of this state relating to discrimination because of race, creed, color, religion, sex, gender identity, age, disability, marital status, status with regard to public assistance, national origin, sexual orientation, or familial status; but, as to acts declared unfair by sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the procedure herein provided shall, while pending, be exclusive.
Sec. 50. Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
Subdivision 1. Formulation of policies. (a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, gender identity, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that purpose in aid of carrying out duties and responsibilities; and
(19) cooperate and consult with the commissioner of labor and industry regarding the investigation of violations of, and resolution of complaints regarding section 363A.08, subdivision 7.
In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.
Sec. 51. Minnesota Statutes 2022, section 363A.07, subdivision 2, is amended to read:
Subd. 2. Referral from commissioner. The commissioner, whether or not a charge has been filed under this chapter, may refer a matter involving discrimination because of race, color, religion, sex, gender identity, creed, disability, marital status, status with regard to public assistance, national origin, age, sexual orientation, or familial status to a local commission for study and report.
Upon referral by the commissioner, the local commission shall make a report and make recommendations to the commissioner and take other appropriate action within the scope of its powers.
Sec. 52. Minnesota Statutes 2022, section 363A.08, subdivision 1, is amended to read:
Subdivision 1. Labor organization. Except when based on a bona fide occupational qualification, it is an unfair employment practice for a labor organization, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age:
(1) to deny full and equal membership rights to a person seeking membership or to a member;
(2) to expel a member from membership;
(3) to discriminate against a person seeking membership or a member with respect to hiring, apprenticeship, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment; or
(4) to fail to classify properly, or refer for employment or otherwise to discriminate against a person or member.
Sec. 53. Minnesota Statutes 2022, section 363A.08, subdivision 2, is amended to read:
Subd. 2. Employer. Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, membership or activity in a local commission, disability, sexual orientation, or age to:
(1) refuse to hire or to maintain a system of employment which unreasonably excludes a person seeking employment; or
(2) discharge an employee; or
(3) discriminate against a person with respect to hiring, tenure, compensation, terms, upgrading, conditions, facilities, or privileges of employment.
Sec. 54. Minnesota Statutes 2022, section 363A.08, subdivision 3, is amended to read:
Subd. 3. Employment agency. Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employment agency, because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age to:
(1) refuse or fail to accept, register, classify properly, or refer for employment or otherwise to discriminate against a person; or
(2) comply with a request from an employer for referral of applicants for employment if the request indicates directly or indirectly that the employer fails to comply with the provisions of this chapter.
Sec. 55. Minnesota Statutes 2022, section 363A.08, subdivision 4, is amended to read:
Subd. 4. Employer, employment agency, or labor organization. (a) Except when based on a bona fide occupational qualification, it is an unfair employment practice for an employer, employment agency, or labor organization, before a person is employed by an employer or admitted to membership in a labor organization, to:
(1) require or request the person to furnish information that pertains to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age; or, subject to section 363A.20, to require or request a person to undergo physical examination; unless for the sole and exclusive purpose of national security, information pertaining to national origin is required by the United States, this state or a political subdivision or agency of the United States or this state, or for the sole and exclusive purpose of compliance with the Public Contracts Act or any rule, regulation, or laws of the United States or of this state requiring the information or examination. A law enforcement agency may, after notifying an applicant for a peace officer or part-time peace officer position that the law enforcement agency is commencing the background investigation on the applicant, request the applicant's date of birth, gender, and race on a separate form for the sole and exclusive purpose of conducting a criminal history check, a driver's license check, and fingerprint criminal history inquiry. The form shall include a statement indicating why the data is being collected and what its
limited use will be. No document which has date of birth, gender, or race information will be included in the information given to or available to any person who is involved in selecting the person or persons employed other than the background investigator. No person may act both as background investigator and be involved in the selection of an employee except that the background investigator's report about background may be used in that selection as long as no direct or indirect references are made to the applicant's race, age, or gender; or
(2) seek and obtain for purposes of making a job decision, information from any source that pertains to the person's race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age, unless for the sole and exclusive purpose of compliance with the Public Contracts Act or any rule, regulation, or laws of the United States or of this state requiring the information; or
(3) cause to be printed or published a notice or advertisement that relates to employment or membership and discloses a preference, limitation, specification, or discrimination based on race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, familial status, disability, sexual orientation, or age.
(b) Any individual who is required to provide information that is prohibited by this subdivision is an aggrieved party under sections 363A.06, subdivision 4, and 363A.28, subdivisions 1 to 9.
Sec. 56. Minnesota Statutes 2022, section 363A.08, is amended by adding a subdivision to read:
Subd. 8. Inquiries
into pay history prohibited. (a)
"Pay history" as used in this subdivision means any prior or current
wage, salary, earnings, benefits, or any other compensation about an applicant
for employment.
(b) An employer,
employment agency, or labor organization shall not inquire into, consider, or
require disclosure from any source the pay history of an applicant for
employment for the purpose of determining wages, salary, earnings, benefits, or
other compensation for that applicant. The
general prohibition against inquiring into the pay history of an applicant does
not apply if the job applicant's pay history is a matter of public record under
federal or state law, unless the employer, employment agency, or labor
organization sought access to those public records with the intent of obtaining
pay history of the applicant for the purpose of determining wages, salary,
earnings, benefits, or other compensation for that applicant.
(c) Nothing in this
subdivision shall prevent an applicant for employment from voluntarily and
without asking, encouraging, or prompting disclosing pay history for the
purposes of negotiating wages, salary, benefits, or other compensation. If an applicant for employment voluntarily
and without asking, encouraging, or prompting discloses pay history to a
prospective employer, employment agency, or labor organization, nothing in this
subdivision shall prohibit that employer, employment agency, or labor organization
from considering or acting on that voluntarily disclosed salary history
information to support a wage or salary higher than initially offered by the
employer, employment agency, or labor organization.
(d) Nothing in this
subdivision limits, prohibits, or prevents a person from bringing a charge,
grievance, or any other cause of action alleging wage discrimination because of
race, color, creed, religion, national origin, sex, gender identity, marital status,
status with regard to public assistance, familial status, membership or
activity in a local commission, disability, sexual orientation, or age, as
otherwise provided in this chapter.
(e) Nothing in this
subdivision shall be construed to prevent an employer from:
(1) providing
information about the wages, benefits, compensation, or salary offered in
relation to a position; or
(2) inquiring about or
otherwise engaging in discussions with an applicant about the applicant's
expectations or requests with respect to wages, salary, benefits, or other
compensation.
EFFECTIVE DATE. This
section is effective January 1, 2024. For
employment covered by collective bargaining agreements, this section is not
effective until the date of implementation of the applicable collective
bargaining agreement that is after January 1, 2024.
Sec. 57. Minnesota Statutes 2022, section 363A.09, subdivision 1, is amended to read:
Subdivision 1. Real property interest; action by owner, lessee, and others. It is an unfair discriminatory practice for an owner, lessee, sublessee, assignee, or managing agent of, or other person having the right to sell, rent or lease any real property, or any agent of any of these:
(1) to refuse to sell, rent, or lease or otherwise deny to or withhold from any person or group of persons any real property because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of any real property or in the furnishing of facilities or services in connection therewith, except that nothing in this clause shall be construed to prohibit the adoption of reasonable rules intended to protect the safety of minors in their use of the real property or any facilities or services furnished in connection therewith; or
(3) in any transaction involving real property, to print, circulate or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental or lease of real property, or make any record or inquiry in connection with the prospective purchase, rental, or lease of real property which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status, or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
Sec. 58. Minnesota Statutes 2022, section 363A.09, subdivision 2, is amended to read:
Subd. 2. Real property interest; action by brokers, agents, and others. It is an unfair discriminatory practice for a real estate broker, real estate salesperson, or employee, or agent thereof:
(1) to refuse to sell, rent, or lease or to offer for sale, rental, or lease any real property to any person or group of persons or to negotiate for the sale, rental, or lease of any real property to any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or represent that real property is not available for inspection, sale, rental, or lease when in fact it is so available, or otherwise deny or withhold any real property or any facilities of real property to or from any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status; or
(2) to discriminate against any person because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status in the terms, conditions or privileges of the sale, rental or lease of real property or in the furnishing of facilities or services in connection therewith; or
(3) to print, circulate, or post or cause to be printed, circulated, or posted any advertisement or sign, or use any form of application for the purchase, rental, or lease of any real property or make any record or inquiry in connection with the prospective purchase, rental or lease of any real property, which expresses directly or indirectly, any limitation, specification or discrimination as to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination except that nothing in this clause shall be construed to prohibit the advertisement of a dwelling unit as available to adults-only if the person placing the advertisement reasonably believes that the provisions of this section prohibiting discrimination because of familial status do not apply to the dwelling unit.
Sec. 59. Minnesota Statutes 2022, section 363A.09, subdivision 3, is amended to read:
Subd. 3. Real property interest; action by financial institution. It is an unfair discriminatory practice for a person, bank, banking organization, mortgage company, insurance company, or other financial institution or lender to whom application is made for financial assistance for the purchase, lease, acquisition, construction, rehabilitation, repair or maintenance of any real property or any agent or employee thereof:
(1) to discriminate against any person or group of persons because of race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status of the person or group of persons or of the prospective occupants or tenants of the real property in the granting, withholding, extending, modifying or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith; or
(2) to use any form of application for the financial assistance or make any record or inquiry in connection with applications for the financial assistance which expresses, directly or indirectly, any limitation, specification, or discrimination as to race, color, creed, religion, national origin, sex, gender identity, marital status, status with regard to public assistance, disability, sexual orientation, or familial status or any intent to make any such limitation, specification, or discrimination; or
(3) to discriminate against any person or group of persons who desire to purchase, lease, acquire, construct, rehabilitate, repair, or maintain real property in a specific urban or rural area or any part thereof solely because of the social, economic, or environmental conditions of the area in the granting, withholding, extending, modifying, or renewing, or in the rates, terms, conditions, or privileges of the financial assistance or in the extension of services in connection therewith.
Sec. 60. Minnesota Statutes 2022, section 363A.09, subdivision 4, is amended to read:
Subd. 4. Real property transaction. It is an unfair discriminatory practice for any real estate broker or real estate salesperson, for the purpose of inducing a real property transaction from which the person, the person's firm, or any of its members may benefit financially, to represent that a change has occurred or will or may occur in the composition with respect to race, creed, color, national origin, sex, gender identity, marital status, status with regard to public assistance, sexual orientation, or disability of the owners or occupants in the block, neighborhood, or area in which the real property is located, and to represent, directly or indirectly, that this change will or may result in undesirable consequences in the block, neighborhood, or area in which the real property is located, including but not limited to the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other public facilities.
Sec. 61. Minnesota Statutes 2022, section 363A.11, subdivision 1, is amended to read:
Subdivision 1. Full and equal enjoyment of public accommodations. (a) It is an unfair discriminatory practice:
(1) to deny any person the
full and equal enjoyment of the goods, services, facilities, privileges,
advantages, and accommodations of a place of public accommodation because of
race, color, creed, religion, disability, national origin, marital status, sexual
orientation, or sex, or gender identity, or for a taxicab company
to discriminate in the access to, full utilization of, or benefit from service
because of a person's disability; or
(2) for a place of public accommodation not to make reasonable accommodation to the known physical, sensory, or mental disability of a disabled person. In determining whether an accommodation is reasonable, the factors to be considered may include:
(i) the frequency and predictability with which members of the public will be served by the accommodation at that location;
(ii) the size of the business or organization at that location with respect to physical size, annual gross revenues, and the number of employees;
(iii) the extent to which disabled persons will be further served from the accommodation;
(iv) the type of operation;
(v) the nature and amount of both direct costs and legitimate indirect costs of making the accommodation and the reasonableness for that location to finance the accommodation; and
(vi) the extent to which any persons may be adversely affected by the accommodation.
(b) State or local building codes control where applicable. Violations of state or local building codes are not violations of this chapter and must be enforced under normal building code procedures.
Sec. 62. Minnesota Statutes 2022, section 363A.11, subdivision 2, is amended to read:
Subd. 2. General prohibitions. This subdivision lists general prohibitions against discrimination on the basis of disability. For purposes of this subdivision, "individual" or "class of individuals" refers to the clients or customers of the covered public accommodation that enter into the contractual, licensing, or other arrangement.
(1) It is discriminatory to:
(i) subject an individual or class of individuals on the basis of a disability of that individual or class, directly or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity;
(ii) afford an individual
or class of individuals on the basis of the disability of that individual or
class, directly or through contractual, licensing, or other arrangements, with
the opportunity to participate in or benefit from the goods, services,
facilities, privileges, advantages, or accommodations that are not equal to
those afforded to other individuals; and
(iii) provide an individual or
class of individuals, on the basis of a disability of that individual or class,
directly or through contractual, licensing, or other arrangements, with goods,
services, facilities, privileges, advantages, or accommodations that are
different or separate from those provided to other individuals, unless the
action is necessary to provide the individual or class of individuals with
goods, services, facilities, privileges, advantages, or accommodations, or
other opportunities that are as effective as those provided to others.;
and
(iv) not provide a deaf
or hard-of-hearing individual or class of deaf or hard-of-hearing individuals
with closed‑captioned television when television services are provided to
other individuals.
(2) Goods, services, facilities, privileges, advantages, and accommodations must be afforded to an individual with a disability in the most integrated setting appropriate to the needs of the individual.
(3) Notwithstanding the existence of separate or different programs or activities provided in accordance with sections 363A.08 to 363A.19, and 363A.28, subdivision 10, the individual with a disability may not be denied the opportunity to participate in the programs or activities that are not separate or different.
(4) An individual or entity may not, directly or through contractual or other arrangements, use standards or criteria and methods of administration:
(i) that have the effect of discriminating on the basis of disability; or
(ii) that perpetuate the discrimination of others who are subject to common administrative control.
EFFECTIVE DATE. This
section is effective August 1, 2024, for all places of public accommodation.
Sec. 63. Minnesota Statutes 2022, section 363A.12, subdivision 1, is amended to read:
Subdivision 1. Access to public service. It is an unfair discriminatory practice to discriminate against any person in the access to, admission to, full utilization of or benefit from any public service because of race, color, creed, religion, national origin, disability, sex, gender identity, sexual orientation, or status with regard to public assistance or to fail to ensure physical and program access for disabled persons unless the public service can demonstrate that providing the access would impose an undue hardship on its operation. In determining whether providing physical and program access would impose an undue hardship, factors to be considered include:
(1) the type and purpose of the public service's operation;
(2) the nature and cost of the needed accommodation;
(3) documented good faith efforts to explore less restrictive or less expensive alternatives; and
(4) the extent of consultation with knowledgeable disabled persons and organizations.
Physical and program access must be accomplished within six months of June 7, 1983, except for needed architectural modifications, which must be made within two years of June 7, 1983.
Sec. 64. Minnesota Statutes 2022, section 363A.13, subdivision 1, is amended to read:
Subdivision 1. Utilization; benefit or services. It is an unfair discriminatory practice to discriminate in any manner in the full utilization of or benefit from any educational institution, or the services rendered thereby to any person because of race, color, creed, religion, national origin, sex, gender identity, age, marital status, status with regard to public assistance, sexual orientation, or disability, or to fail to ensure physical and program access for
disabled persons. For purposes of this subdivision, program access includes but is not limited to providing taped texts, interpreters or other methods of making orally delivered materials available, readers in libraries, adapted classroom equipment, and similar auxiliary aids or services. Program access does not include providing attendants, individually prescribed devices, readers for personal use or study, or other devices or services of a personal nature.
Sec. 65. Minnesota Statutes 2022, section 363A.13, subdivision 2, is amended to read:
Subd. 2. Exclude, expel, or selection. It is an unfair discriminatory practice to exclude, expel, or otherwise discriminate against a person seeking admission as a student, or a person enrolled as a student because of race, color, creed, religion, national origin, sex, gender identity, age, marital status, status with regard to public assistance, sexual orientation, or disability.
Sec. 66. Minnesota Statutes 2022, section 363A.13, subdivision 3, is amended to read:
Subd. 3. Admission form or inquiry. It is an unfair discriminatory practice to make or use a written or oral inquiry, or form of application for admission that elicits or attempts to elicit information, or to make or keep a record, concerning the creed, religion, gender identity, sexual orientation, or disability of a person seeking admission, except as permitted by rules of the department.
Sec. 67. Minnesota Statutes 2022, section 363A.13, subdivision 4, is amended to read:
Subd. 4. Purpose for information and record. It is an unfair discriminatory practice to make or use a written or oral inquiry or form of application that elicits or attempts to elicit information, or to keep a record concerning the race, color, national origin, sex, gender identity, sexual orientation, age, or marital status of a person seeking admission, unless the information is collected for purposes of evaluating the effectiveness of recruitment, admissions, and other educational policies, and is maintained separately from the application.
Sec. 68. Minnesota Statutes 2022, section 363A.15, is amended to read:
363A.15 REPRISALS.
It is an unfair discriminatory practice for any individual who participated in the alleged discrimination as a perpetrator, employer, labor organization, employment agency, public accommodation, public service, educational institution, or owner, lessor, lessee, sublessee, assignee or managing agent of any real property, or any real estate broker, real estate salesperson, or employee or agent thereof to intentionally engage in any reprisal against any person because that person:
(1) opposed a practice forbidden under this chapter or has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter; or
(2) associated with a person or group of persons who are disabled or who are of different race, color, creed, religion, gender identity, sexual orientation, or national origin.
A reprisal includes, but is not limited to, any form of intimidation, retaliation, or harassment. It is a reprisal for an employer to do any of the following with respect to an individual because that individual has engaged in the activities listed in clause (1) or (2): refuse to hire the individual; depart from any customary employment practice; transfer or assign the individual to a lesser position in terms of wages, hours, job classification, job security, or other employment status; or inform another employer that the individual has engaged in the activities listed in clause (1) or (2).
Sec. 69. Minnesota Statutes 2022, section 363A.16, subdivision 1, is amended to read:
Subdivision 1. Personal or commercial credit. It is an unfair discriminatory practice to discriminate in the extension of personal or commercial credit to a person, or in the requirements for obtaining credit, because of race, color, creed, religion, disability, national origin, sex, gender identity, sexual orientation, or marital status, or due to the receipt of federal, state, or local public assistance including medical assistance.
Sec. 70. Minnesota Statutes 2022, section 363A.17, is amended to read:
363A.17 BUSINESS DISCRIMINATION.
It is an unfair discriminatory practice for a person engaged in a trade or business or in the provision of a service:
(1) to refuse to do business with or provide a service to a woman based on her use of her current or former surname; or
(2) to impose, as a condition of doing business with or providing a service to a woman, that a woman use her current surname rather than a former surname; or
(3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate in the basic terms, conditions, or performance of the contract because of a person's race, national origin, color, sex, gender identity, sexual orientation, or disability, unless the alleged refusal or discrimination is because of a legitimate business purpose.
Nothing in this section shall prohibit positive action plans.
Sec. 71. Minnesota Statutes 2022, section 363A.21, subdivision 1, is amended to read:
Subdivision 1. Housing. The provisions of section 363A.09 shall not apply to:
(1) rooms in a temporary or
permanent residence home run by a nonprofit organization, if the discrimination
is by sex; or
(2) the rental by a
resident owner or occupier of a one-family accommodation of a room or rooms in
the accommodation to another person or persons if the discrimination is by sex,
gender identity, marital status, status with regard to public
assistance, sexual orientation, or disability.
Except as provided elsewhere in this chapter or other state or federal
law, no person or group of persons selling, renting, or leasing property is
required to modify the property in any way, or exercise a higher degree of care
for a person having a disability than for a person who does not have a
disability; nor shall this chapter be construed to relieve any person or
persons of any obligations generally imposed on all persons regardless of any
disability in a written lease, rental agreement, or contract of purchase or
sale, or to forbid distinctions based on the inability to fulfill the terms and
conditions, including financial obligations of the lease, agreement, or
contract; or.
(3) the rental by a
resident owner of a unit in a dwelling containing not more than two units, if
the discrimination is on the basis of sexual orientation.
Sec. 72. REPEALER.
Minnesota Statutes 2022,
sections 363A.20, subdivision 3; and 363A.27, are repealed.
C. DATA
Sec. 73. Minnesota Statutes 2022, section 13.072, subdivision 1, is amended to read:
Subdivision 1. Opinion; when required. (a) Upon request of a government entity, the commissioner may give a written opinion on any question relating to public access to government data, rights of subjects of data, or classification of data under this chapter or other Minnesota statutes governing government data practices. Upon request of any person who disagrees with a determination regarding data practices made by a government entity, the commissioner may give a written opinion regarding the person's rights as a subject of government data or right to have access to government data.
(b) Upon request of a body
subject to chapter 13D, the commissioner may give a written opinion on any
question relating to the body's duties under chapter 13D. Upon request of a person who disagrees with
the manner in which members of a governing body perform their duties under
chapter 13D, the commissioner may give a written opinion on compliance with
chapter 13D. A governing body or
person requesting an opinion under this paragraph must pay the commissioner a
fee of $200. Money received by the
commissioner under this paragraph is appropriated to the commissioner for the
purposes of this section.
(c) If the commissioner
determines that no opinion will be issued, the commissioner shall give the
government entity or body subject to chapter 13D or person requesting the
opinion notice of the decision not to issue the opinion within five business
days of receipt of the request. Notice
must be in writing. For notice by mail,
the decision not to issue an opinion is effective when placed with the United
States Postal Service or with the central mail system of the state of Minnesota. If this notice is not given, the commissioner
shall issue an opinion within 20 50 days of receipt of the
request.
(d) For good cause and upon
written notice to the person requesting the opinion, the commissioner may
extend this deadline for one additional 30-day period. The notice must state the reason for
extending the deadline. The
government entity or the members of a body subject to chapter 13D must be
provided a reasonable opportunity to explain the reasons for its decision
regarding the data or how they perform their duties under chapter 13D. The commissioner or the government entity or
body subject to chapter 13D may choose to give notice to the subject of the
data concerning the dispute regarding the data or compliance with chapter 13D.
(e) This section does not apply to a determination made by the commissioner of health under section 13.3805, subdivision 1, paragraph (b), or 144.6581.
(f) A written, numbered, and published opinion issued by the attorney general shall take precedence over an opinion issued by the commissioner under this section.
Sec. 74. [13.204]
POLITICAL SUBDIVISIONS LICENSING DATA.
(a) The following data
submitted to a political subdivision by a person seeking to obtain a license
are classified as private data on individuals or nonpublic data:
(1) a tax return, as
defined by section 270B.01, subdivision 2; and
(2) a bank account
statement.
(b) Notwithstanding
section 138.17, data collected by a political subdivision as part of a license
application and classified under paragraph (a) must be destroyed no later than
90 days after a final decision on the license application.
EFFECTIVE DATE. This
section is effective the day following final enactment. Data which a political subdivision collected
or created before the effective date of this section, and which would otherwise
be subject to the destruction requirement in paragraph (b), must be destroyed
no later than 90 days following final enactment.
Sec. 75. Minnesota Statutes 2022, section 13.32, subdivision 3, is amended to read:
Subd. 3. Private data; when disclosure is permitted. Except as provided in subdivision 5, educational data is private data on individuals and shall not be disclosed except as follows:
(a) pursuant to section 13.05;
(b) pursuant to a valid court order;
(c) pursuant to a statute specifically authorizing access to the private data;
(d) to disclose information in health, including mental health, and safety emergencies pursuant to the provisions of United States Code, title 20, section 1232g(b)(1)(I), and Code of Federal Regulations, title 34, section 99.36;
(e) pursuant to the provisions of United States Code, title 20, sections 1232g(b)(1), (b)(4)(A), (b)(4)(B), (b)(1)(B), (b)(3), (b)(6), (b)(7), and (i), and Code of Federal Regulations, title 34, sections 99.31, 99.32, 99.33, 99.34, 99.35, and 99.39;
(f) to appropriate health authorities to the extent necessary to administer immunization programs and for bona fide epidemiologic investigations which the commissioner of health determines are necessary to prevent disease or disability to individuals in the public educational agency or institution in which the investigation is being conducted;
(g) when disclosure is required for institutions that participate in a program under title IV of the Higher Education Act, United States Code, title 20, section 1092;
(h) to the appropriate school district officials to the extent necessary under subdivision 6, annually to indicate the extent and content of remedial instruction, including the results of assessment testing and academic performance at a postsecondary institution during the previous academic year by a student who graduated from a Minnesota school district within two years before receiving the remedial instruction;
(i) to appropriate authorities as provided in United States Code, title 20, section 1232g(b)(1)(E)(ii), if the data concern the juvenile justice system and the ability of the system to effectively serve, prior to adjudication, the student whose records are released; provided that the authorities to whom the data are released submit a written request for the data that certifies that the data will not be disclosed to any other person except as authorized by law without the written consent of the parent of the student and the request and a record of the release are maintained in the student's file;
(j) to volunteers who are determined to have a legitimate educational interest in the data and who are conducting activities and events sponsored by or endorsed by the educational agency or institution for students or former students;
(k) to provide student recruiting information, from educational data held by colleges and universities, as required by and subject to Code of Federal Regulations, title 32, section 216;
(l) to the juvenile justice system if information about the behavior of a student who poses a risk of harm is reasonably necessary to protect the health or safety of the student or other individuals;
(m) with respect to Social Security numbers of students in the adult basic education system, to Minnesota State Colleges and Universities and the Department of Employment and Economic Development for the purpose and in the manner described in section 124D.52, subdivision 7;
(n) to the commissioner of education for purposes of an assessment or investigation of a report of alleged maltreatment of a student as mandated by chapter 260E. Upon request by the commissioner of education, data that are relevant to a report of maltreatment and are from charter school and school district investigations of alleged maltreatment of a student must be disclosed to the commissioner, including, but not limited to, the following:
(1) information regarding the student alleged to have been maltreated;
(2) information regarding student and employee witnesses;
(3) information regarding the alleged perpetrator; and
(4) what corrective or protective action was taken, if any, by the school facility in response to a report of maltreatment by an employee or agent of the school or school district;
(o) when the disclosure is of the final results of a disciplinary proceeding on a charge of a crime of violence or nonforcible sex offense to the extent authorized under United States Code, title 20, section 1232g(b)(6)(A) and (B), and Code of Federal Regulations, title 34, sections 99.31(a)(13) and (14);
(p) when the disclosure is
information provided to the institution under United States Code, title 42,
section 14071, concerning registered sex offenders to the extent authorized
under United States Code, title 20, section 1232g(b)(7); or
(q) when the disclosure is to
a parent of a student at an institution of postsecondary education regarding
the student's violation of any federal, state, or local law or of any rule or
policy of the institution, governing the use or possession of alcohol or of a
controlled substance, to the extent authorized under United States Code, title
20, section 1232g(i), and Code of Federal Regulations, title 34, section
99.31(a)(15), and provided the institution has an information release form
signed by the student authorizing disclosure to a parent. The institution must notify parents and
students about the purpose and availability of the information release forms. At a minimum, the institution must distribute
the information release forms at parent and student orientation meetings.;
or
(r) a student's name,
home address, telephone number, email address, or other personal contact
information may be disclosed to a public library for purposes of issuing a
library card to the student.
Sec. 76. Minnesota Statutes 2022, section 13.32, subdivision 5, is amended to read:
Subd. 5. Directory
information. Information (a)
Educational data designated as directory information is public data on
individuals to the extent required under federal law. Directory information must be designated
pursuant to the provisions of:
(1) this subdivision; and
(2) United States
Code, title 20, section 1232g, and Code of Federal Regulations, title 34,
section 99.37, which are were in effect on January 3, 2012, is
public data on individuals, to the extent required under federal law.
(b) When conducting
the directory information designation and notice process required by federal
law, an educational agency or institution shall give parents and students
notice of the right to refuse to let the agency or institution designate any
or all specified data about the student as directory information. This notice may be given by any means
reasonably likely to inform the parents and students of the right.
(c) An educational agency or
institution may not designate a student's home address, telephone number, email
address, or other personal contact information as directory information under
this subdivision. This paragraph does
not apply to a postsecondary institution.
(d) When requested,
educational agencies or institutions must share personal student contact
information and directory information, whether public or private, with the
Minnesota Department of Education, as required for federal reporting purposes.
EFFECTIVE DATE. This
section is effective the day following final enactment. Beginning upon the effective date of this
section, a student's personal contact information subject to this section must
be treated by an educational agency or institution as private educational data
under Minnesota Statutes, section 13.32, regardless of whether that contact
information was previously designated as directory information under Minnesota
Statutes, section 13.32, subdivision 5.
Sec. 77. Minnesota Statutes 2022, section 13.643, subdivision 6, is amended to read:
Subd. 6. Animal premises data. (a) Except for farmed Cervidae premises location data collected and maintained under section 35.155, the following data collected and maintained by the Board of Animal Health related to registration and identification of premises and animals under chapter 35, are classified as private or nonpublic:
(1) the names and addresses;
(2) the location of the premises where animals are kept; and
(3) the identification number of the premises or the animal.
(b) Except as provided in section 347.58, subdivision 5, data collected and maintained by the Board of Animal Health under sections 347.57 to 347.64 are classified as private or nonpublic.
(c) The Board of Animal Health may disclose data collected under paragraph (a) or (b) to any person, agency, or to the public if the board determines that the access will aid in the law enforcement process or the protection of public or animal health or safety.
Sec. 78. Minnesota Statutes 2022, section 13.72, subdivision 19, is amended to read:
Subd. 19. Transit
customer data. (a) The following
data on applicants, users, and customers of public transit are private data
on individuals: (1) data collected
by or through a government entity's personalized web services or the
Metropolitan Council's regional fare collection system are private data on
individuals; and (2) data collected by telephone or through a
third-party software program for the purposes of booking and using public
transit services. As used in this
subdivision, the following terms have the meanings given them:
(1) "regional fare collection system" means the fare collection system created and administered by the council that is used for collecting fares or providing fare cards or passes for transit services which includes:
(i) regular route bus service within the metropolitan area and paratransit service, whether provided by the council or by other providers of regional transit service;
(ii) light rail transit service within the metropolitan area;
(iii) rideshare programs administered by the council;
(iv) special transportation services provided under section 473.386; and
(v) commuter rail service;
(2) "personalized web
services" means services for which transit service applicants, users, and
customers must establish a user account; and
(3) "metropolitan
area" means the area defined in section 473.121, subdivision 2.;
and
(4) "third-party
software program" means a software program that is proprietary to a third
party, including a third-party software program commonly known as a mobile app,
that collects and uses a public transit customer's name and other personally
identifiable information, pick-up and drop-off locations, and other trip data
for the purposes of booking and using public transit services.
(b) A government entity may disseminate data on user and customer transaction history and fare card use to government entities, organizations, school districts, educational institutions, and employers that subsidize or provide fare cards to their clients, students, or employees. "Data on user and customer transaction history and fare card use" means:
(1) the date a fare card was used;
(2) the time a fare card was used;
(3) the mode of travel;
(4) the type of fare product used; and
(5) information about the date, time, and type of fare product purchased.
Government entities, organizations, school districts, educational institutions, and employers may use customer transaction history and fare card use data only for purposes of measuring and promoting fare card use and evaluating the cost-effectiveness of their fare card programs. If a user or customer requests in writing that the council limit the disclosure of transaction history and fare card use, the council may disclose only the card balance and the date a card was last used.
(c) A government entity may disseminate transit service applicant, user, and customer data to another government entity to prevent unlawful intrusion into government electronic systems, or as otherwise provided by law.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 79. Minnesota Statutes 2022, section 13.72, is amended by adding a subdivision to read:
Subd. 20. Transit
assistance program data. (a)
Data on applicants and users of Metropolitan Council programs established under
section 473.387, subdivision 4, are classified as private data on individuals
under section 13.02, subdivision 12.
(b) The council may
disclose transit assistance program data to public or private agencies or
organizations for the purposes of administering and coordinating human services
programs and other support services for the applicants or users.
EFFECTIVE DATE. This
section is effective the day following final enactment.
Sec. 80. Minnesota Statutes 2022, section 473.387, subdivision 4, is amended to read:
Subd. 4. Transit
disadvantaged. The council shall
establish a program and policies to reduce transportation costs for persons who
are, because of limited incomes, age, disability, or other reasons, especially
dependent on public transit for common mobility. Data on applicants and users of council
programs under this subdivision are classified as private data on individuals
under section 13.72, subdivision 20.
EFFECTIVE DATE. This
section is effective the day following final enactment.
D. CIVIL MARRIAGES
Sec. 81. Minnesota Statutes 2022, section 517.04, is amended to read:
517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained the age of 21 years and is a judge of a court of record, a retired judge of a court of record, a court administrator, a retired court administrator with the approval of the chief judge of the judicial district, a former court commissioner who is employed by the court system or is acting pursuant to an order of the chief judge of the commissioner's judicial district, the residential school superintendent of the Minnesota State Academy for the Deaf and the Minnesota State Academy for the Blind, a licensed or ordained minister of any religious denomination, an individual who registers as a civil marriage officiant with a local registrar in a county of this state, or by any mode recognized in section 517.18. For purposes of this section, a court of record includes the Office of Administrative Hearings under section 14.48.
E. HEALTH CARE MEDIATION
Sec. 82. [145.685]
COMMUNICATION AND RESOLUTION AFTER A HEALTH CARE ADVERSE INCIDENT.
Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given.
(b) "Health care adverse incident" means an objective and definable outcome arising from or related to patient care that results in the death or physical injury of a patient.
(c) "Health care provider" means a person who is licensed, certified, or registered, or otherwise permitted by state law, to administer health care in the ordinary course of business or in the practice of a profession and practices at a health facility.
(d) "Health facility" means a hospital or outpatient surgical center licensed under sections 144.50 to 144.56; a medical, dental, or health care clinic; a diagnostic laboratory; or a birthing center licensed under section 144.615. The definition of health facility includes any corporation, professional corporation, partnership, limited liability company, limited liability partnership, or other entity comprised of health facilities or health care providers.
(e) "Open discussion" means all communications that are made during an open discussion process under this section and includes memoranda, work product, documents, and other materials that are prepared for or submitted in the course of or in connection with communications made under this section. Open discussion does not include any communication, memoranda, work product, or other materials that would otherwise be subject to discovery and were not prepared specifically for use in an open discussion pursuant to this section.
(f) "Patient" means a
person who receives health care from a health care provider. If the patient is under 18 years of age
and is not an emancipated minor, the definition of patient includes the
patient's legal guardian or parent. If
the patient is deceased or incapacitated, the definition of patient includes
the patient's legal representative.
Subd. 2. Engaging
in an open discussion. (a) If
a health care adverse incident occurs, a health care provider involved in the
health care adverse incident, the health facility involved in the health care
adverse incident, or both jointly may provide the patient with written notice
of their desire to enter into an open discussion with the patient to discuss
potential outcomes following a health care adverse incident in accordance with
this section. A health facility may
designate a person or class of persons who has the authority to provide the notice
on behalf of the health facility. The
patient involved in the health care adverse incident may provide oral notice to
the health care provider, the health facility involved in the health care
adverse incident, or both, of the patient's desire to enter into an open
discussion with either the health care provider, or the health care provider
and health facility jointly, to discuss potential outcomes following a health
care adverse incident in accordance with this section.
(b) If a health care
provider or health facility decides to enter into an open discussion as
specified in this section, the written notice must be sent to the patient
within 365 days from the date the health care provider or the health facility
knew, or through the use of diligence should have known, of the health care
adverse incident. The notice must
include:
(1) the health care
provider, health facility, or both jointly desire to pursue an open discussion
in accordance with this section;
(2) the patient's right to receive a copy of the medical records related to the health care adverse incident and the patient's right to authorize the release of the patient's medical records related to the health care adverse incident to a third party;
(3) the patient's right
to seek legal counsel and to have legal counsel present throughout the open
discussion process;
(4) a copy of section
541.076 with notice that the time for a patient to bring a lawsuit is limited
under section 541.076 and will not be extended by engaging in an open
discussion under this section unless all parties agree in writing to an
extension;
(5) that if the patient
chooses to engage in an open discussion with the health care provider, health
facility, or jointly with both, all communications made during the course of
the open discussion process, including communications regarding the initiation
of an open discussion are:
(i) privileged and confidential;
(ii) not subject to discovery, subpoena, or other means of legal compulsion for release; and
(iii) not admissible as evidence in a proceeding arising directly out of the health care adverse incident, including a judicial, administrative, or arbitration proceeding; and
(6) that any
communications, memoranda, work product, documents, or other material that are otherwise
subject to discovery and not prepared specifically for use in an open
discussion under this section are not confidential.
(c) If the patient
agrees to engage in an open discussion with a health care provider, health
facility, or jointly with both, the agreement must be in writing and must state
that the patient has received the notice described in paragraph (b).
(d) Upon agreement to engage in
an open discussion, the patient, health care provider, or health facility may
include other persons in the open discussion process. All other persons included in the open
discussion must be advised of the parameters of communications made during the
open discussion process specified under paragraph (b), clauses (5) and (6).
(e) If a health care
provider or health facility decides to engage in an open discussion, the health
care provider or health facility may:
(1) investigate how the health care adverse incident occurred, including gathering information regarding the medical care or treatment and disclose the results of the investigation to the patient;
(2) openly communicate
to the patient the steps the health care provider or health facility will take
to prevent future occurrences of the health care adverse incident; and
(3) determine that no
offer of compensation for the health care adverse incident is warranted or that
an offer of compensation for the health care adverse incident is warranted.
(f) If a health care provider or health facility determines that no offer of compensation is warranted, the health care provider or health facility shall orally communicate that decision to the patient.
(g) If a health care provider or a health facility determines that an offer of compensation is warranted, the health care provider or health facility shall provide the patient with a written offer of compensation. If an offer of compensation is made under this paragraph, and the patient is not represented by legal counsel, the health care provider or health facility shall:
(1) advise the patient of the patient's right to seek legal counsel regarding the offer of compensation and encourage the patient to seek legal counsel; and
(2) provide notice to the patient that the patient may be legally required to repay medical and other expenses that were paid by a third party on the patient's behalf, including private health insurance, Medicaid, or Medicare, along with an itemized statement from the health provider showing all charges and third-party payments.
(h) Except for an offer
of compensation made under paragraph (g), open discussions between the health
care provider or health facility and the patient about compensation shall not
be in writing.
Subd. 3. Confidentiality of open discussions and offers of compensation. (a) Open discussion communications made under this section, including offers of compensation made under subdivision 2:
(1) do not constitute an admission of liability;
(2) are privileged and confidential and shall not be disclosed;
(3) are not admissible as evidence in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the health care adverse incident, except as provided in paragraph (b);
(4) are not subject to discovery, subpoena, or other means of legal compulsion for release; and
(5) shall not be disclosed by any party in any subsequent judicial, administrative, or arbitration proceeding arising directly out of the health care adverse incident.
(b) A party may move the court
or other decision maker in a subsequent proceeding to adjudicate the matter to
admit as evidence a communication made during an open discussion that
contradicts a statement made during the proceeding. The court or other decision maker shall allow
a communication made during an open discussion that contradicts a statement
made at a subsequent proceeding to adjudicate the matter into evidence only if
the communication made during an open discussion is material to the claims presented
in the subsequent proceeding.
(c) Communications, memoranda, work product, documents, and other materials that are otherwise subject to discovery and that were not prepared specifically for use in an open discussion under this section are not confidential.
(d) The limitation on disclosure imposed by this subdivision includes disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a court or other adjudicatory body shall not compel any person who engages in an open discussion under this section to disclose confidential communications or agreements made under this section.
(e) This subdivision
does not affect any other law, rule, or requirement with respect to
confidentiality.
Subd. 4. Payment
and resolution. (a) If a
patient accepts an offer of compensation made pursuant to this section, and
payment of compensation is made to a patient as a result, the payment to the
patient is not payment resulting from:
(1) a written claim or
demand for payment;
(2) a final judgment,
settlement, or arbitration award against a health care institution for medical
malpractice purposes; or
(3) a malpractice claim settled or in which judgment is rendered against a health care professional for purposes of reporting by malpractice insurance companies under sections 146A.03, 147.111, 147A.14, 148.102, 148.263, 148B.381, 148F.205, 150A.13, and 153.24.
(b) A health care
provider or health facility may require, as a condition of an offer of compensation
made pursuant to this section, a patient to execute all documents and obtain
any necessary court approval to resolve a health care adverse incident. The parties shall negotiate the form of the
documents to be executed and obtain court approval as necessary.
Subd. 5. Sunset. This section sunsets on June 30, 2031.
Subd. 6. Applicability. This section applies only to health
care adverse incidents that occur on or after August 1, 2023.
F. TENANT'S RIGHTS
Sec. 83. [504B.114]
PET DECLAWING AND DEVOCALIZATION PROHIBITED.
Subdivision 1. Definitions. (a) For purposes of this section, the
following terms have the meanings given.
(b) "Animal"
has the meaning given in section 343.20, subdivision 2.
(c) "Application
for occupancy" means all phases of the process of applying for the right
to occupy a real property, including but not limited to filling out
applications, interviewing, and submitting references.
(d) "Claw" means a
hardened keratinized modification of the epidermis or a hardened keratinized
growth that extends from the end of the digits of certain mammals, birds,
reptiles, and amphibians that is commonly referred to as a claw, talon, or
nail.
(e)
"Declawing" means performing, procuring, or arranging for any
procedure, such as an onychectomy, tendonectomy, or phalangectomy, to remove or
prevent the normal function of an animal's claw or claws.
(f)
"Devocalizing" means performing, procuring, or arranging for any
surgical procedure, such as a vocal cordectomy, to remove an animal's vocal
cords or to prevent the normal function of an animal's vocal cords.
Subd. 2. Prohibitions. A landlord who allows an animal on the
premises shall not:
(1) advertise the availability of a real property for occupancy in a manner designed to discourage application for occupancy of that real property because an applicant's animal has not been declawed or devocalized;
(2) refuse to allow the
occupancy of a real property, refuse to negotiate the occupancy of a real
property, or otherwise make unavailable or deny to another person the occupancy
of a real property because of that person's refusal to declaw or devocalize an
animal; or
(3) require a tenant or
occupant of real property to declaw or devocalize an animal allowed on the
premises.
Any requirement or lease provision that
violates this subdivision is void and unenforceable.
Subd. 3. Penalties. (a) A city attorney, a county
attorney, or the attorney general may bring an action in district court to
obtain injunctive relief for a violation of this section and to enforce the
civil penalties provided in this subdivision.
(b) In addition to any
other penalty allowed by law, a violation of subdivision 2, clause (1), shall
result in a civil penalty of not more than $1,000 per advertisement, to be paid
to the entity that is authorized to bring the action under this section.
(c) In addition to any
other penalty allowed by law, a violation of subdivision 2, clause (2) or (3),
shall result in a civil penalty of not more than $1,000 per animal, to be paid
to the entity that is authorized to bring the action under this section.
Sec. 84. [504B.120]
PROHIBITED FEES.
Subdivision 1. Disclosure of fees. A landlord must disclose all nonoptional fees in the lease agreement. The sum total of rent and all nonoptional fees must be described as the Total Monthly Payment and be listed on the first page of the lease. A unit advertised for a residential tenancy must disclose the nonoptional fees included with the total amount for rent in any advertisement or posting. In a lease agreement disclosure or unit advertisement, the landlord must disclose whether utilities are included or not included in the rent.
Subd. 2. Penalties. A landlord who violates this section
is liable to the residential tenant for treble damages and the court may award
the tenant reasonable attorney fees.
Sec. 85. Minnesota Statutes 2022, section 504B.178, subdivision 4, is amended to read:
Subd. 4. Damages. Any landlord who fails to:
(1) provide a written statement within three weeks of termination of the tenancy;
(2) provide a written statement
within five days of the date when the tenant leaves the building or dwelling
due to the legal condemnation of the building or dwelling in which the tenant
lives for reasons not due to willful, malicious, or irresponsible conduct of
the tenant; or
(3) transfer or return a
deposit as required by subdivision 5,; or
(4) provide the tenant
with notice for an initial inspection and move-out inspection as required by
section 504B.182, and complete an initial inspection and move-out inspection
when requested by the tenant,
after receipt of the tenant's mailing address or delivery instructions, as required in subdivision 3, is liable to the tenant for damages in an amount equal to the portion of the deposit withheld by the landlord and interest thereon as provided in subdivision 2, as a penalty, in addition to the portion of the deposit wrongfully withheld by the landlord and interest thereon.
Sec. 86. [504B.182]
INITIAL AND FINAL INSPECTION REQUIRED.
Subdivision 1. Initial
inspection. (a) At the
commencement of a residential tenancy, or within 14 days of a residential
tenant occupying a unit, the landlord must notify the tenant of their option to
request an initial inspection of the residential unit for the purposes of
identifying existing deficiencies in the rental unit to avoid deductions for
the security deposit of the tenant at a future date. If the tenant requests an inspection, the
landlord and tenant shall schedule the inspection at a mutually acceptable date
and time.
(b) In lieu of an
initial inspection or move-out inspection under subdivision 2, when a tenant
agrees, a landlord may provide written acknowledgment to the tenant of photos
or videos of a rental unit and agree to the condition of the rental unit at the
start or end of the tenancy.
Subd. 2. Move-out
inspection. Within a
reasonable time after notification of either a landlord or residential tenant's
intention to terminate the tenancy, or before the end of the lease term, the
landlord shall notify the tenant in writing of the tenant's option to request a
move-out inspection and of the tenant's right to be present at the inspection. At a reasonable time, but no earlier than
five days before the termination or the end of the lease date, or day the
tenant plans to vacate the unit, the landlord, or an agent of the landlord,
shall, upon the request of the tenant, make a move-out inspection of the
premises. The purpose of the move-out
inspection shall be to allow the tenant an opportunity to remedy identified
deficiencies, in a manner consistent with the rights and obligations of the
parties under the rental agreement, in order to avoid deductions from the security
deposit. If a tenant chooses not to
request a move-out inspection, the duties of the landlord under this
subdivision are discharged. If an
inspection is requested, the parties shall attempt to schedule the inspection
at a mutually acceptable date and time.
Subd. 3. Other
requirements under law. Nothing
in this section changes the requirements or obligations under any other section
of law, including but not limited to sections 504B.178, 504B.185, 504B.195, or
504B.271, 504B.375, and 504B.381.
Subd. 4. Waiver. Except as allowed under subdivisions 1
and 2, when a tenant chooses not to request an initial or move-out inspection,
or alternate inspection under subdivision 1, paragraph (b), any provision,
whether oral or written, of any lease or other agreement, whereby any provision
of this section is waived by a tenant, is contrary to public policy and void.
Sec. 87. Minnesota Statutes 2022, section 504B.211, subdivision 2, is amended to read:
Subd. 2. Entry
by landlord. Except as provided in
subdivision 4, a landlord may enter the premises rented by a residential tenant
only for a reasonable business purpose and after making a good faith effort to
give the residential tenant reasonable notice under the circumstances of not
less than 24 hours in advance of the intent to enter. A
residential tenant may permit a landlord to enter the rented premises with less than 24 hours notice if desired. The notice must specify a time or anticipated window of time of entry and the landlord may only enter between the hours of 8:00 a.m. and 8:00 p.m. unless the landlord and tenant agree to an earlier or later time. A residential tenant may not waive and the landlord may not require the residential tenant to waive the residential tenant's right to prior notice of entry under this section as a condition of entering into or maintaining the lease.
Sec. 88. Minnesota Statutes 2022, section 504B.211, subdivision 6, is amended to read:
Subd. 6. Penalty. If a landlord substantially
violates subdivision 2 this section, the residential tenant is
entitled to a penalty which may include a rent reduction up to full rescission
of the lease, recovery of any damage deposit less any amount retained under
section 504B.178, and up to a $100 $500 civil penalty for each
violation. If a landlord violates
subdivision 5, the residential tenant is entitled to up to a $100 civil penalty
for each violation and reasonable attorney fees. A residential tenant shall may
follow the procedures in sections 504B.381, 504B.385, and 504B.395 to 504B.471
to enforce the provisions of this section.
A violation of this section by the landlord is a violation of section
504B.161.
Sec. 89. [504B.268]
RIGHT TO COUNSEL IN PUBLIC HOUSING; BREACH OF LEASE EVICTION ACTIONS.
Subdivision 1. Right
to counsel. A defendant in
public housing subject to an eviction action under sections 504B.281 to
504B.371 alleging breach of lease under section 504B.171 or 504B.285 who is
financially unable to obtain counsel has the right to counsel appointed by the
court. The complaint required by section
504B.321 shall include the notice on the first page of the complaint in bold
12-point type: "If financially
unable to obtain counsel, the defendant has the right to a court-appointed
attorney." At the initial hearing,
the court shall ask the defendant if the defendant wants court-appointed counsel
and shall explain what such appointed counsel can accomplish for the defendant.
Subd. 2. Qualifications. Counsel appointed by the court must
(1) have a minimum of two years' experience handling public housing evictions;
(2) have training in handling public housing evictions; or (3) be supervised by
an attorney who meets the minimum qualifications under clause (1) or (2).
Subd. 3. Compensation. By January 15, 2024, and every year
thereafter, the chief judge of the judicial district, after consultation with
public housing attorneys, legal aid attorneys, and members of the private bar
in the district, shall establish a compensation rate for attorney fees and
costs associated with representation under subdivision 1. The compensation to be paid to an attorney
for such service rendered to a defendant under this subdivision may not exceed
$5,000, exclusive of reimbursement for expenses reasonably incurred, unless
payment in excess of that limit is certified by the chief judge of the district
as necessary to provide fair compensation for services of an unusual character
or duration.
EFFECTIVE DATE. This
section is effective August 1, 2023.
Sec. 90. EFFECTIVE
DATE.
Sections 83 to 89 are
effective January 1, 2024, and apply to leases signed on or after that date.
G. LEASE COVENANTS AND REPAIRS IN RESIDENTIAL TENANCY
Sec. 91. Minnesota Statutes 2022, section 504B.161, subdivision 1, is amended to read:
Subdivision 1. Requirements. (a) In every lease or license of residential premises, the landlord or licensor covenants:
(1) that the premises and all common areas are fit for the use intended by the parties;
(2) to keep the premises in reasonable repair during the term of the lease or license, except when the disrepair has been caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a person under the direction or control of the tenant or licensee;
(3) to make the premises
reasonably energy efficient by installing weatherstripping, caulking, storm
windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential
energy costs in Minnesota, that will exceed the cost of implementing that
measure, including interest, amortized over the ten-year period following the
incurring of the cost; and
(4) to maintain the premises
in compliance with the applicable health and safety laws of the state, and of
the local units of government where the premises are located during the term of
the lease or license, except when violation of the health and safety laws has
been caused by the willful, malicious, or irresponsible conduct of the tenant
or licensee or a person under the direction or control of the tenant or
licensee.; and
(5) to supply or furnish
heat at a minimum temperature of 68 degrees Fahrenheit from October 1 through
April 30, unless a utility company requires and instructs the heat to be
reduced.
(b) The parties to a lease or license of residential premises may not waive or modify the covenants imposed by this section.
Sec. 92. Minnesota Statutes 2022, section 504B.375, subdivision 1, is amended to read:
Subdivision 1. Unlawful exclusion or removal. (a) This section applies to actual or constructive removal or exclusion of a residential tenant which may include the termination of utilities or the removal of doors, windows, or locks. A residential tenant to whom this section applies may recover possession of the premises as described in paragraphs (b) to (e).
(b) The residential tenant shall present a verified petition to the district court of the judicial district of the county in which the premises are located that:
(1) describes the premises and the landlord;
(2) specifically states the facts and grounds that demonstrate that the exclusion or removal was unlawful, including a statement that no writ of recovery of the premises and order to vacate has been issued under section 504B.345 in favor of the landlord and against the residential tenant and executed in accordance with section 504B.365; and
(3) asks for possession.
(c) If it clearly appears from the specific grounds and facts stated in the verified petition or by separate affidavit of the residential tenant or the residential tenant's attorney or agent that the exclusion or removal was unlawful, the court shall immediately order that the residential tenant have possession of the premises.
(d) The residential tenant shall furnish security, if any, that the court finds is appropriate under the circumstances for payment of all costs and damages the landlord may sustain if the order is subsequently found to have been obtained wrongfully. In determining the appropriateness of security, the court shall consider the residential tenant's ability to afford monetary security.
(e) The court shall direct the order to the sheriff of the county in which the premises are located and the sheriff shall execute the order immediately by making a demand for possession on the landlord, if found, or the landlord's agent or other person in charge of the premises. If the landlord fails to comply with the demand, the officer shall
take whatever assistance may be necessary and immediately place the residential tenant in possession of the premises. If the landlord, the landlord's agent, or other person in control of the premises cannot be found and if there is no person in charge, the officer shall immediately enter into and place the residential tenant in possession of the premises. The officer shall also serve the order and verified petition or affidavit immediately upon the landlord or agent, in the same manner as a summons is required to be served in a civil action in district court.
(f) The court
administrator may charge a filing fee in the amount set for complaints and
counterclaims in conciliation court, subject to the filing of an inability to
pay affidavit.
Sec. 93. Minnesota Statutes 2022, section 504B.381, subdivision 1, is amended to read:
Subdivision 1. Petition. A person authorized to bring an action
under section 504B.395, subdivision 1, may petition the court for relief in
cases of emergency involving the loss of running water, hot water, heat,
electricity, sanitary facilities, or other essential services or facilities
that the landlord is responsible for providing.:
(1) when a unit of
government has revoked a rental license, issued a condemnation order, issued a
notice of intent to condemn, or otherwise deemed the property uninhabitable; or
(2) in cases of
emergency involving the following services and facilities when the landlord is
responsible for providing them:
(i) a serious
infestation;
(ii) the loss of running
water;
(iii) the loss of hot
water;
(iv) the loss of heat;
(v) the loss of
electricity;
(vi) the loss of
sanitary facilities;
(vii) a nonfunctioning
refrigerator;
(viii) if included in
the lease, a nonfunctioning air conditioner;
(iv) if included in the
lease, no functioning elevator;
(x) any conditions,
services, or facilities that pose a serious and negative impact on health or
safety; or
(xi) other essential
services or facilities.
Sec. 94. Minnesota Statutes 2022, section 504B.381, subdivision 5, is amended to read:
Subd. 5. Relief;
service of petition and order. Provided
proof that the petitioner has given the notice required in subdivision 4 to the
landlord, if the court finds based on the petitioner's emergency ex parte
motion for relief, affidavit, and other evidence presented that the landlord
violated subdivision 1, then the court shall order that the landlord
immediately begin to remedy the violation and may order relief as provided
in section 504B.425. The court and
petitioner shall serve the petition and order on the landlord personally
or by mail as soon as practicable. The
court shall include notice of a hearing and, at the hearing, shall consider
evidence of alleged violations, defenses,
compliance with the order, and
any additional relief available under section 504B.425. The court and petitioner shall serve the
notice of hearing on the ex parte petition and emergency order personally or by
mail as soon as practicable.
Sec. 95. Minnesota Statutes 2022, section 504B.381, is amended by adding a subdivision to read:
Subd. 8. Filing
fee. The court administrator
may charge a filing fee in the amount set for complaints and counterclaims in
conciliation court, subject to the filing of an inability to pay affidavit.
Sec. 96. EFFECTIVE
DATE.
Sections 91 to 95 are
effective January 1, 2024, and where applicable, apply to petitions filed on or
after that date.
H. LEASE TERMINATION
Sec. 97. Minnesota Statutes 2022, section 504B.135, is amended to read:
504B.135 TERMINATING TENANCY AT WILL.
(a) A tenancy at will
may be terminated by either party by giving notice in writing. The time of the notice must be at least as
long as the interval between the time rent is due or three months, whichever is
less.
(b) If a tenant neglects
or refuses to pay rent due on a tenancy at will, the landlord may terminate the
tenancy by giving the tenant 14 days notice to quit in writing.
Sec. 98. [504B.144]
EARLY RENEWAL OF LEASE.
A landlord must wait
until six months from the expiration of the current lease before requiring a
tenant to renew the lease, if the lease is for a period of time longer than ten
months. Nothing prevents a landlord from
waiting until closer to the expiration of a lease to ask a tenant to renew the
lease. Any provision, whether oral or
written, of any lease or other agreement
whereby any provision of this section is waived by a tenant is contrary to
public policy and void.
Sec. 99. Minnesota Statutes 2022, section 504B.171, is amended by adding a subdivision to read:
Subd. 2a. Limitation
on crime-free lease provisions. A
residential landlord may not impose a penalty on a residential tenant or
terminate the lease of a residential tenant for the conduct of the residential
tenant, household member, or guest occurring off of the premises or curtilage
of the premises, unless (1) the conduct would constitute a crime of violence
against another tenant, the tenant's guest, the landlord, or the landlord's
employees, regardless of whether a charge was brought or a conviction obtained;
or (2) the conduct results in a conviction of a crime of violence against a
person unrelated to the premises. For
purposes of this subdivision, crime of violence has the meaning given in
section 624.712, subdivision 5, except that it does not include offenses under
chapter 152.
EFFECTIVE DATE. This
section is effective June 1, 2024.
Sec. 100. Minnesota Statutes 2022, section 504B.172, is amended to read:
504B.172 RECOVERY OF ATTORNEY FEES.
If a residential lease specifies an action, circumstances, or an extent to which a landlord, directly, or through additional rent, may recover attorney fees in an action between the landlord and tenant, the tenant is entitled to attorney fees if the tenant prevails in the same type of action, under the same circumstances, or is entitled to costs under section 549.02, and to the same extent as specified in the lease for the landlord.
Sec. 101. [504B.266]
TERMINATION OF LEASE UPON INFIRMITY OF TENANT.
Subdivision 1. Definitions. (a) For the purposes of this section,
the following terms have the meanings given them.
(b) "Authorized
representative" means a person acting as an attorney-in-fact under a power
of attorney under section 523.24 or a court-appointed conservator or guardian
under chapter 524.
(c)
"Disability" means any condition or characteristic that is a
physical, sensory, or mental impairment that materially limits at least one
major life activity.
(d) "Medical care
facility" means:
(1) a nursing home, as
defined in section 144A.01, subdivision 5;
(2) hospice care, as
defined in section 144A.75, subdivision 8;
(3) residential hospice
facility, as defined in section 144A.75, subdivision 13;
(4) boarding care home,
as licensed under chapter 144 and regulated by the Department of Health under
Minnesota Rules, chapter 4655;
(5) supervised living
facility, as licensed under chapter 144;
(6) a facility providing
assisted living, as defined in section 144G.08, subdivision 7;
(7) an accessible unit,
as defined in section 363A.40, subdivision 1, paragraph (b);
(8) a state facility as
defined in section 246.50, subdivision 3;
(9) a facility providing
a foster care for adults program as defined in section 245A.02, subdivision 6c;
or
(10) a facility
providing intensive residential treatment services as defined in section
245I.23.
(e) "Medical
professional" means:
(1) a physician who is
currently licensed to practice medicine under section 147.02, subdivision 1;
(2) an advanced practice
registered nurse, as defined in section 148.171, subdivision 3; or
(3) a mental health professional as defined in section 245I.04, subdivision 2.
Subd. 2. Termination
of lease upon infirmity of tenant. (a)
A tenant or the authorized representative of the tenant may terminate the lease
prior to the expiration of the lease in the manner provided in subdivision 3 if
the tenant has or, if there is more than one tenant, all the tenants have, been
found by a medical professional to need to move into a medical care facility
and:
(1) require assistance
with instrumental activities of daily living or personal activities of daily
living due to medical reasons or a disability;
(2) meet one of the
nursing facility level of care criteria under section 144.0724, subdivision 11;
or
(3) have a disability or
functional impairment in three or more of the areas listed in section 245.462,
subdivision 11a, so that self-sufficiency is markedly reduced because of a
mental illness.
(b) When a tenant
requires an accessible unit as defined in section 363A.40, subdivision 1, and
the landlord can provide an accessible unit in the same complex where the
tenant currently resides that is available within two months of the request,
then the provisions of this section do not apply and the tenant may not
terminate the lease.
Subd. 3. Notice. When the conditions in subdivision 2
have been met, the tenant or the tenant's authorized representative may
terminate the lease by providing at least two months' written notice to be
effective on the last day of a calendar month.
The notice must be either hand-delivered or mailed by postage prepaid,
first class United States mail. The
notice must include: (1) a copy of the
medical professional's written documentation of the infirmity; and (2)
documentation showing that the tenant has been accepted as a resident or has a
pending application at a location where the medical professional has indicated
that the tenant needs to move. The
termination of a lease under this section shall not relieve the eligible tenant
from liability either for the payment of rent or other sums owed prior to or
during the notice period, or for the payment of amounts necessary to restore
the premises to their condition at the commencement of the tenancy, ordinary
wear and tear excepted.
Subd. 4. Waiver
prohibited. Any waiver of the
rights of termination provided by this section, including lease provisions or
other agreements that require a longer notice period than those provided for in
this section, shall be void and unenforceable.
Subd. 5. Other
laws. Nothing in this section
affects the rights or remedies available in this chapter or other law,
including but not limited to chapter 363A.
EFFECTIVE DATE. This
section is effective January 1, 2024, and applies to leases entered into or
renewed on or after January 1, 2024. For
the purposes of this section, estates at will shall be deemed to be renewed at
the commencement of each rental period.
Sec. 102. EFFECTIVE
DATE.
Sections 97, 98, and 100
are effective January 1, 2024, and apply to leases entered into or renewed on
or after January 1, 2024.
I. RESIDENTIAL EVICTIONS
Sec. 103. Minnesota Statutes 2022, section 504B.285, subdivision 5, is amended to read:
Subd. 5. Combining allegations. (a) An action for recovery of the premises may combine the allegation of nonpayment of rent and the allegation of material violation of the lease, which shall be heard as alternative grounds.
(b) In cases where rent
is outstanding, a tenant is not required to pay into court the amount of rent
in arrears, interest, and costs as required under section 504B.291 to defend
against an allegation by the landlord that the tenant has committed a material
violation of the lease.
(c) (b) If
the landlord does not prevail in proving material violation of the lease, and
the landlord has also alleged that rent is due, the tenant shall be permitted
to present defenses to the court that the rent is not owing. The tenant shall be given up to seven days of
additional time to pay any rent determined by the court to be due. The court may order the tenant to pay rent
and any costs determined to be due directly to the landlord or to be deposited
with the court.
Sec. 104. Minnesota Statutes 2022, section 504B.291, subdivision 1, is amended to read:
Subdivision 1. Action
to recover. (a) A landlord may bring
an eviction action for nonpayment of rent irrespective of whether the lease
contains a right of reentry clause. Such
an eviction action is equivalent to a demand for the rent. There is a rebuttable presumption that the
rent has been paid if the tenant produces a copy or copies of one or more money
orders or produces one or more original receipt stubs evidencing the purchase
of a money order, if the documents: (i)
total the amount of the rent; (ii) include a date or dates approximately
corresponding with the date rent was due; and (iii) in the case of copies of
money orders, are made payable to the landlord.
This presumption is rebutted if the landlord produces a business record
that shows that the tenant has not paid the rent. The landlord is not precluded from
introducing other evidence that rebuts this presumption. In such an action, unless the landlord has
also sought to evict the tenant by alleging a material violation of the lease
under section 504B.285, subdivision 5, the tenant may, at any time before
possession has been delivered, redeem the tenancy and be restored to possession
by paying to the landlord or bringing to court the amount of the rent that is
in arrears, with interest, costs of the action, and an attorney's fee not to
exceed $5, and by performing any other covenants of the lease. Redemption may be made with a written
guarantee from (1) a federal agency, state agency, or local unit of government,
or (2) any other organization that qualifies for tax-exempt status under United
States Code, title 26, section 501(c)(3), and that administers a government
rental assistance program, has sufficient funds available, and guarantees funds
will be provided to the landlord.
(b) If the tenant has paid to the landlord or brought into court the amount of rent in arrears but is unable to pay the interest, costs of the action, and attorney's fees required by paragraph (a), the court may permit the tenant to pay these amounts into court and be restored to possession within the same period of time, if any, for which the court stays the issuance of the order to vacate under section 504B.345.
(c) Prior to or after commencement of an action to recover possession for nonpayment of rent, the parties may agree only in writing that partial payment of rent in arrears which is accepted by the landlord prior to issuance of the order granting restitution of the premises pursuant to section 504B.345 may be applied to the balance due and does not waive the landlord's action to recover possession of the premises for nonpayment of rent.
(d) Rental payments under this subdivision must first be applied to rent claimed as due in the complaint from prior rental periods before applying any payment toward rent claimed in the complaint for the current rental period, unless the court finds that under the circumstances the claim for rent from prior rental periods has been waived.
Sec. 105. Minnesota Statutes 2022, section 504B.321, is amended to read:
504B.321 COMPLAINT AND SUMMONS.
Subdivision 1. Procedure. (a) To bring an eviction action, the person complaining shall file a complaint with the court, stating the full name and date of birth of the person against whom the complaint is made, unless it is not known, describing the premises of which possession is claimed, stating the facts which authorize the recovery of possession, and asking for recovery thereof.
(b) The lack of the full name and date of birth of the person against whom the complaint is made does not deprive the court of jurisdiction or make the complaint invalid.
(c) The court shall
issue a summons, commanding the person against whom the complaint is made to
appear before the court on a day and at a place stated in the summons.
(d) (c) The
appearance shall be not less than seven nor more than 14 days from the day of
issuing the summons, except as provided by subdivision 2.
(d) If applicable, the person
filing a complaint must attach a copy of the written notice described in
subdivision 1a. The court shall dismiss
an action without prejudice for failure to provide a notice as described in
subdivision 1a and grant an expungement of the eviction case court file.
(e) A copy of the
complaint shall be attached to the summons, which shall state that the copy is
attached and that the original has been filed.
Subd. 1a. Written
notice. (a) Before bringing
an eviction action alleging nonpayment of rent or other unpaid financial
obligation in violation of the lease, a landlord must provide written notice to
the residential tenant specifying the basis for future eviction action. The notice must include:
(1) the total amount
due;
(2) a specific
accounting of the amount of the total due from unpaid rent, late fees, and
other charges under the lease;
(3) the name and address
of the person authorized to receive rent and fees on behalf of the landlord;
(4) the following
statement: "You have the right to
seek legal help. If you can't afford a
lawyer, free legal help may be available.
Contact Legal Aid or visit www. LawHelpMN.org to know your rights and
find your local Legal Aid office.";
(5) the following
statement: "To apply for financial
help, contact your local county or Tribal social services office, apply online
at MNBenefits.mn.gov or call the United Way toll-free information line by
dialing 2-1-1 or 800‑543-7709"; and
(6) the following
statement: "Your landlord can file
an eviction case if you do not pay the total amount due or move out within 14
days from the date of this notice. Some
local governments may have an eviction notice period longer than 14 days.
(b) The landlord or an
agent of the landlord must deliver the notice personally or by first class mail
to the residential tenant at the address of the leased premises.
(c) If the residential
tenant fails to correct the rent delinquency within 14 days of the delivery or
mailing of the notice, or the number of days required by a local government
rule or law if the notice period prior to an eviction required by the local government
is longer than 14 days, or fails to vacate, then the landlord may bring an
eviction action under subdivision 1 based on nonpayment of rent.
Subd. 1b. Notice
constitutes verification of emergency.
(a) Receipt of the notice under subdivision 1a shall be deemed by
a county or other agency requiring verification of emergency to qualify a
tenant for assistance to be sufficient demonstration of an emergency situation
under section 256D.06, subdivision 2, and Minnesota Rules, chapter 9500. For purposes of chapter 256J and Minnesota
Rules, chapter 9500, a county agency verifies an emergency situation by
receiving and reviewing a notice under this section.
(b) When it receives a
copy of the notice required by this section, the county must not:
(1) require a tenant to
provide additional verification of the emergency; or
(2) require additional
verification that the landlord will accept the funds demanded in the notice
required by this section to resolve the emergency.
Subd. 2. Expedited
procedure. (a) In an eviction action
brought under section 504B.171 or on the basis that the tenant is causing a
nuisance or other illegal behavior that seriously endangers the safety of other
residents, their property, or the landlord's property residential tenant
engages in behavior that seriously endangers the safety of other residents, or
intentionally and seriously damages the property of the landlord or a tenant,
the person filing the complaint shall file an affidavit stating specific facts
and instances in support of why an expedited hearing is required.
(b) The complaint and affidavit shall be reviewed by a referee or judge and scheduled for an expedited hearing only if sufficient supporting facts are stated and they meet the requirements of this paragraph.
(c) The appearance in an expedited hearing shall be not less than five days nor more than seven days from the date the summons is issued. The summons, in an expedited hearing, shall be served upon the residential tenant within 24 hours of issuance unless the court orders otherwise for good cause shown.
(d) If the court determines that the person seeking an expedited hearing did so without sufficient basis under the requirements of this subdivision, the court shall impose a civil penalty of up to $500 for abuse of the expedited hearing process.
(e) The court may only
consider allegations under paragraph (a) during an expedited hearing. The court may not consolidate claims heard
under the expedited procedure with any additional claims, including but not
limited to breach of lease, holding over under section 504B.285, or nonpayment
of rent under section 504B.291.
Subd. 3. Contents
of complaint. The person
bringing a complaint under this section must:
(1) attach the current
written lease, if any, or most recent written lease in existence, and any
relevant lease addenda;
(2) if alleging
nonpayment of rent, attach a detailed, itemized accounting or statement listing
the amounts;
(3) if alleging a breach
of lease, identify the clause of the lease which is the basis of the
allegation, the nature of the conduct constituting the alleged breach of lease,
the dates on which the alleged conduct took place, and the clause granting the
right to evict based on the alleged conduct;
(4) if alleging a
violation of section 504B.171, specify the nature of the conduct constituting
the alleged violation and the dates on which the alleged conduct took place;
(5) if alleging a
violation of section 504B.285, subdivision 1, attach a copy of any notice to
vacate or notice to quit; and
(6) state in the
complaint whether the tenancy is affected by a federal or state housing subsidy
program through project-based federal assistance payments; the Section 8
program, as defined in section 469.002, subdivision 24; the low-income housing
tax credit program; or any other similar program, and include the name of the
agency that administers the housing subsidy program.
Subd. 4. Summons. The court shall issue a summons,
commanding the person against whom the complaint is made to appear before the
court on the day and at the place stated in the summons. A copy of the complaint must be attached to
the summons. The summons must include,
at a minimum:
(1) the full name of the
person against whom the complaint is brought;
(2) the date, time, and
location of the hearing;
(3) information about the
methods for participating in the court appearance, including, if applicable,
information for appearing by telephone or computer and contact information for
the court regarding remote participation;
(4) the following
statement: "You have the right to
seek legal help or request a reasonable accommodation from the court for your
hearing. Contact the court as soon as
possible if you need an accommodation. If
you can't afford a lawyer, free legal help may be available. Contact Legal Aid or visit www. LawHelpMN.org
to know your rights and find your local Legal Aid office.";
(5) the following
statement: "To apply for financial
help, contact your local county or Tribal social services office, apply online
at MNBenefits.mn.gov, or call the United Way toll-free information line by
dialing 2-1-1 or 800-543-7709"; and
(6) notification that a
copy of the complaint is attached and has been filed with the court.
Subd. 5. Defective
filing or service. The court
must dismiss and expunge the record of any action if the person bringing the
action fails to comply with this section.
Sec. 106. Minnesota Statutes 2022, section 504B.331, is amended to read:
504B.331 SUMMONS; HOW SERVED.
(a) The summons and
complaint must be served at least seven days before the date of the court
appearance specified in section 504B.321, in the manner provided for service of
a summons in a civil action in district court.
It may be served by any person not named a party to the action.
(b) If the defendant cannot be found in the county, the summons and complaint may be served at least seven days before the date of the court appearance by:
(1) leaving a copy at the defendant's last usual place of abode with a person of suitable age and discretion residing there; or
(2) if the defendant had no place of abode, by leaving a copy at the property described in the complaint with a person of suitable age and discretion occupying the premises.
(c) Failure of the sheriff to serve the defendant is prima facie proof that the defendant cannot be found in the county.
(d) Where the defendant cannot be found in the county, service of the summons and complaint may be made upon the defendant by posting the summons in a conspicuous place on the property for not less than one week if:
(1) the property described in the complaint is:
(i) nonresidential and no person actually occupies the property; or
(ii) residential and service has been attempted at least twice on different days, with at least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m.; and
(2) the plaintiff or the plaintiff's attorney has signed and filed with the court an affidavit stating that:
(i) the defendant cannot be
found, or that the plaintiff or the plaintiff's attorney believes that the
defendant is not in the state; and
(ii) a copy of the summons has
been mailed to the defendant at the defendant's last known address if any is
known to the plaintiff.; or
(iii) the plaintiff or
plaintiff's attorney has communicated to the defendant that an eviction hearing
has been scheduled, including the date, time, and place of the hearing
specified in the summons, by at least one form of written communication the
plaintiff regularly uses to communicate with the defendant that have a date and
time stamp.
(e) If the defendant or the defendant's attorney does not appear in court on the date of the appearance, the trial shall proceed.
Sec. 107. Minnesota Statutes 2022, section 504B.335, is amended to read:
504B.335 ANSWER; TRIAL.
(a) At the court appearance
specified in the summons, the defendant may answer the complaint, and the
court shall hear and decide the action, unless it grants a continuance of the
trial as provided in section 504B.341.
When scheduling a trial date, the court must select a date that
allows for a fair, thorough, and timely adjudication of the merits of the case,
including the complexity of the matter, the need for the parties to obtain
discovery, the need for the parties to ensure the presence of witnesses, the
opportunity for the defendant to seek legal counsel and raise affirmative
defenses, and any extenuating factors enumerated under section 504B.171.
(b) Either party may demand a trial by jury.
(c) The proceedings in the action are the same as in other civil actions, except as provided in sections 504B.281 to 504B.371.
(d) The court, in
scheduling appearances and hearings under this section, shall give priority to
any eviction brought under section 504B.171, or on the basis that the defendant
is a tenant and is causing a nuisance or seriously endangers the safety of
other residents, their property, or the landlord's property residential
tenant engages in behavior that seriously endangers the safety of other
residents, or intentionally and seriously damages the property of the landlord
or a tenant.
(e) The court may not require the defendant to pay any amount of money into court, post a bond, make a payment directly to a landlord, or by any other means post security for any purpose prior to final disposition of an action, except if the final disposition of the action may be delayed for more than ten days, the court may order the defendant to provide security in a form and amount that the court approves, based on the totality of the circumstances, provided that the amount of security may not include any amounts allegedly owed prior to the date of filing of the action and may not exceed the amount of the monthly or periodic rent that accrues during the pendency of the action. Nothing in this paragraph shall affect an appeal bond under section 504B.371, subdivision 3.
Sec. 108. Minnesota Statutes 2022, section 504B.345, subdivision 1, is amended to read:
Subdivision 1. General. (a) If the court or jury finds for the plaintiff, the court shall immediately enter judgment that the plaintiff shall have recovery of the premises, and shall tax the costs against the defendant. The court shall issue execution in favor of the plaintiff for the costs and also immediately issue a writ of recovery of premises and order to vacate.
(b) The court shall give priority in issuing a writ of recovery of premises and order to vacate for an eviction action brought under section 504B.171 or on the basis that the tenant is causing a nuisance or seriously endangers the safety of other residents, their property, or the landlord's property.
(c) If the court or jury finds for the defendant, then the court:
(1) the court shall
enter judgment for the defendant, tax the costs against the plaintiff, and
issue execution in favor of the defendant; and
(2) the court may shall
expunge the records relating to the action under the provisions of section
484.014 or under the court's inherent authority at the time judgment is entered
or after that time upon motion of the defendant.
(d) Except in actions
brought: (1) under section 504B.291 as
required by section 609.5317, subdivision 1; (2) under section 504B.171; or
(3) on the basis that the residential tenant is causing a nuisance or
seriously endangers the safety of other residents, their property, or the
landlord's property, upon a showing by the defendant that immediate restitution
of the premises would work a substantial hardship upon the defendant or the
defendant's family, engages in behavior that seriously endangers the
safety of other residents, or intentionally and seriously damages the property
of the landlord or a tenant, the court shall stay the writ of recovery of
premises and order to vacate for a reasonable period, not to exceed seven days.
Sec. 109. Minnesota Statutes 2022, section 504B.345, is amended by adding a subdivision to read:
Subd. 3. Motion
to vacate judgment. Any party
may bring a motion to vacate a judgment in an eviction action. An order denying a motion to vacate a
judgment is considered a judgment for purposes of appeal under section
504B.371.
Sec. 110. Minnesota Statutes 2022, section 504B.361, subdivision 1, is amended to read:
Subdivision 1. Summons
and writ. The state court
administrator shall develop a uniform form for the summons and writ of recovery
of premises and order to vacate. The
summons shall conform to the requirements enumerated under section 504B.321,
subdivision 3. The writ for recovery of
premises and order to vacate must include:
(1) the following
statement: "You have the right to
seek legal help. If you can't afford a
lawyer, free legal help may be available.
Contact Legal Aid or visit www. LawHelpMN.org to know your rights and
find your local Legal Aid office."; and
(2) the following
statement: "To apply for financial
help, contact your local county or Tribal social services office, apply online
at MNBenefits.mn.gov, or call the United Way toll-free information line by
dialing 2-1-1 or 800-543-7709."
Sec. 111. Minnesota Statutes 2022, section 504B.371, subdivision 3, is amended to read:
Subd. 3. Appeal bond. If the party appealing remains in possession of the property, that party must give a bond that provides that:
(1) all costs of the appeal will be paid;
(2) the party will comply with the court's order; and
(3) all the
regular rent and other damages due to the party excluded from
possession during the pendency of the appeal will be paid as that rent
accrues. The court may not require a
bond including back rent, late fees, disputed charges, or any other amount in
excess of the regular rent as it accrues each month.
Sec. 112. Minnesota Statutes 2022, section 504B.371, subdivision 4, is amended to read:
Subd. 4. Stay
pending appeal. After the appeal is
taken, all further proceedings in the case are stayed, except as provided in
subdivision 7.
Sec. 113. Minnesota Statutes 2022, section 504B.371, subdivision 5, is amended to read:
Subd. 5. Stay
of writ issued before appeal. (a) Except
as provided in subdivision 7, If the court issues a writ for recovery of
premises and order to vacate before an appeal is taken, the appealing party may
request that the court stay further proceedings and execution of the writ for
possession of premises and order to vacate, and the court shall grant a stay.
(b) If the party appealing remains in possession of the premises, that party must give a bond under subdivision 3.
(c) When the officer who has the writ for possession of premises and order to vacate is served with the order granting the stay, the officer shall cease all further proceedings. If the writ for possession of premises and order to vacate has not been completely executed, the defendant shall remain in possession of the premises until the appeal is decided.
Sec. 114. Minnesota Statutes 2022, section 504B.371, subdivision 7, is amended to read:
Subd. 7. Exception. Subdivisions 1, 4, and 6 do not apply in
an action on a lease, against a tenant holding over after the expiration of
the term of the lease, or a termination of the lease by a notice to quit, where
the plaintiff has prevailed on a claim pursuant to section 504B.171,
subdivision 2, if the plaintiff gives a bond conditioned to pay all costs
and damages if on the appeal the judgment of restitution is reversed and a new
trial ordered. In such a case, the court
shall issue a writ for recovery of premises and order to vacate notwithstanding
the notice of appeal, as if no appeal had been taken, and the appellate court
shall issue all needful writs and processes to carry out any judgment which may
be rendered in the court.
Sec. 115. REPEALER.
Minnesota Statutes 2022,
section 504B.341, is repealed.
Sec. 116. EFFECTIVE
DATE.
Sections 103 to 115 are
effective January 1, 2024, and apply to actions filed on or after that date.
J. EVICTION RECORDS
Sec. 117. Minnesota Statutes 2022, section 484.014, subdivision 2, is amended to read:
Subd. 2. Discretionary
expungement. The court may order
expungement of an eviction case court file only upon motion of a defendant
and decision by the court, if the court finds that the plaintiff's case is
sufficiently without basis in fact or law, which may include lack of
jurisdiction over the case, that if the court finds the expungement
is clearly in the interests of justice and those interests are not outweighed
by the public's interest in knowing about the record.
Sec. 118. Minnesota Statutes 2022, section 484.014, subdivision 3, is amended to read:
Subd. 3. Mandatory
expungement. Except for clause
(6), the court shall, without motion by any party, order expungement
of an eviction case:
(1) commenced solely on the grounds provided in section 504B.285, subdivision 1, clause (1), if the court finds that the defendant occupied real property that was subject to contract for deed cancellation or mortgage foreclosure and:
(1) (i) the time for contract cancellation or foreclosure redemption has expired and the defendant vacated the property prior to commencement of the eviction action; or
(2) (ii) the
defendant was a tenant during the contract cancellation or foreclosure
redemption period and did not receive a notice under section 504B.285,
subdivision 1a, 1b, or 1c, to vacate on a date prior to commencement of the
eviction case.;
(2) if the defendant
prevailed on the merits;
(3) if the court
dismissed the plaintiff's complaint for any reason;
(4) if the parties to
the action have agreed to an expungement;
(5) three years after
the eviction was ordered; or
(6) upon motion of a
defendant, if the case is settled and the defendant fulfills the terms of the
settlement.
Sec. 119. Minnesota Statutes 2022, section 504B.321, is amended by adding a subdivision to read:
Subd. 6. Nonpublic
record. An eviction action is
not accessible to the public until the court enters a final judgment, except
that parties to the case and licensed attorneys assisting a party in the case,
regardless of whether or not they are the attorney of record, shall have access
to the eviction action file.
Sec. 120. EFFECTIVE
DATE.
Sections 117 to 119 are
effective January 1, 2024.
ARTICLE 20
CARJACKING; CONFORMING CHANGES
Section 1. Minnesota Statutes 2022, section 51A.14, is amended to read:
51A.14 INDEMNITY BONDS.
All directors, officers, and employees of an association shall, before entering upon the performance of any of their duties, execute their individual bonds with adequate corporate surety payable to the association as an indemnity for any loss the association may sustain of money or other property by or through any fraud, dishonesty, forgery or alteration, larceny, theft, embezzlement, robbery, carjacking, burglary, holdup, wrongful or unlawful abstraction, misapplication, misplacement, destruction or misappropriation, or any other dishonest or criminal act or omission by any such director, officer, employee, or agent. Associations which employ collection agents, who for any reason are not covered by a bond as hereinabove required, shall provide for the bonding of each such agent in an amount equal to at least twice the average monthly collection of such agent. Such agents shall be required to make settlement with the association at least monthly. No bond coverage will be required of any agent which is a financial institution insured by the Federal Deposit Insurance Corporation or by the federal savings and loan insurance corporation. The amounts and form of such bonds and sufficiency of the surety thereon shall be approved by the board of directors and by the commissioner. In lieu of individual bonds, a blanket bond, protecting the association from loss through any such act or acts on the part of any such director, officer, or employee, may be obtained. Such bonds shall provide that a cancellation thereof either by the surety or by the insured shall not become effective unless and until ten days' notice in writing first shall have been given to the commissioner unless the commissioner shall have approved such cancellation earlier.
Sec. 2. Minnesota Statutes 2022, section 145A.061, subdivision 3, is amended to read:
Subd. 3. Denial of service. The commissioner may deny an application from any applicant who has been convicted of any of the following crimes:
Section 609.185 (murder in the first degree); section 609.19 (murder in the second degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the first degree); section 609.205 (manslaughter in the second degree); section 609.25 (kidnapping); section 609.2661 (murder of an unborn child in the first degree); section 609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344 (criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section 609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to engage in sexual conduct); section 609.352 (communication of sexually explicit materials to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking); section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled substance crimes in the second degree); section 152.023 (controlled substance crimes in the third degree); section 152.024 (controlled substance crimes in the fourth degree); section 152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual performance); section 617.247 (possession of pornographic work involving minors); section 609.221 (assault in the first degree); section 609.222 (assault in the second degree); section 609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); section 609.224 (assault in the fifth degree); section 609.2242 (domestic assault); section 609.2247 (domestic assault by strangulation); section 609.228 (great bodily harm caused by distribution of drugs); section 609.23 (mistreatment of persons confined); section 609.231 (mistreatment of residents or patients); section 609.2325 (criminal abuse); section 609.233 (criminal neglect); section 609.2335 (financial exploitation of a vulnerable adult); section 609.234 (failure to report); section 609.24 (simple robbery); section 609.245 (aggravated robbery); section 609.247 (carjacking); section 609.255 (false imprisonment); section 609.322 (solicitation, inducement, and promotion of prostitution and sex trafficking); section 609.324, subdivision 1 (hiring or engaging minors in prostitution); section 609.465 (presenting false claims to a public officer or body); section 609.466 (medical assistance fraud); section 609.52 (felony theft); section 609.82 (felony fraud in obtaining credit); section 609.527 (felony identity theft); section 609.582 (felony burglary); section 609.611 (felony insurance fraud); section 609.625 (aggravated forgery); section 609.63 (forgery); section 609.631 (felony check forgery); section 609.66, subdivision 1e (felony drive-by shooting); section 609.71 (felony riot); section 609.713 (terroristic threats); section 609.72, subdivision 3 (disorderly conduct by a caregiver against a vulnerable adult); section 609.821 (felony financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any of the offenses in this subdivision.
Sec. 3. Minnesota Statutes 2022, section 146A.08, subdivision 1, is amended to read:
Subdivision 1. Prohibited conduct. (a) The commissioner may impose disciplinary action as described in section 146A.09 against any unlicensed complementary and alternative health care practitioner. The following conduct is prohibited and is grounds for disciplinary action:
(b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt, or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States, reasonably related to engaging in complementary and alternative health care practices. Conviction, as used in this subdivision, includes a conviction of an offense which, if committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor, without regard to its designation elsewhere, or a criminal proceeding where a finding or verdict of guilty is made or returned but the adjudication of guilt is either withheld or not entered.
(c) Conviction of any crime against a person. For purposes of this chapter, a crime against a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224; 609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342; 609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause (1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes 2012, section 609.21.
(d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision 7.
(e) Engaging in sexual contact with a complementary and alternative health care client, engaging in contact that may be reasonably interpreted by a client as sexual, engaging in any verbal behavior that is seductive or sexually demeaning to the client, or engaging in sexual exploitation of a client or former client.
(f) Advertising that is false, fraudulent, deceptive, or misleading.
(g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health, welfare, or safety of a complementary and alternative health care client; or any other practice that may create danger to any client's life, health, or safety, in any of which cases, proof of actual injury need not be established.
(h) Adjudication as mentally incompetent or as a person who is dangerous to self or adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually dangerous person.
(i) Inability to engage in complementary and alternative health care practices with reasonable safety to complementary and alternative health care clients.
(j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.
(k) Improper or unauthorized personal or other use of any legend drugs as defined in chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined in chapter 152.
(l) Revealing a communication from, or relating to, a complementary and alternative health care client except when otherwise required or permitted by law.
(m) Failure to comply with a complementary and alternative health care client's request made under sections 144.291 to 144.298 or to furnish a complementary and alternative health care client record or report required by law.
(n) Splitting fees or promising to pay a portion of a fee to any other professional other than for services rendered by the other professional to the complementary and alternative health care client.
(o) Engaging in abusive or fraudulent billing practices, including violations of the federal Medicare and Medicaid laws or state medical assistance laws.
(p) Failure to make reports as required by section 146A.03 or cooperate with an investigation of the office.
(q) Obtaining money, property, or services from a complementary and alternative health care client, other than reasonable fees for services provided to the client, through the use of undue influence, harassment, duress, deception, or fraud.
(r) Failure to provide a complementary and alternative health care client with a copy of the client bill of rights or violation of any provision of the client bill of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules adopted under those sections.
(u) Failure to comply with any additional disciplinary grounds established by the commissioner by rule.
(v) Revocation, suspension, restriction, limitation, or other disciplinary action against any health care license, certificate, registration, or right to practice of the unlicensed complementary and alternative health care practitioner in this or another state or jurisdiction for offenses that would be subject to disciplinary action in this state or failure to report to the office that charges regarding the practitioner's license, certificate, registration, or right of practice have been brought in this or another state or jurisdiction.
(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any other words, letters, or insignia to describe the complementary and alternative health care practices the practitioner provides.
(x) Failure to provide a complementary and alternative health care client with a recommendation that the client see a health care provider who is licensed or registered by a health-related licensing board or the commissioner of health, if there is a reasonable likelihood that the client needs to be seen by a licensed or registered health care provider.
Sec. 4. Minnesota Statutes 2022, section 244.17, subdivision 3, is amended to read:
Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be placed in the challenge incarceration program:
(1) offenders who are committed to the commissioner's custody following a conviction for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery, carjacking, arson, or any other offense involving death or intentional personal injury;
(2) offenders who were convicted within the preceding ten years of an offense described in clause (1) and were committed to the custody of the commissioner;
(3) offenders who have been convicted or adjudicated delinquent within the past five years for a violation of section 609.485;
(4) offenders who are committed to the commissioner's custody for an offense that requires registration under section 243.166;
(5) offenders who are the subject of a current arrest warrant or detainer;
(6) offenders who have fewer than 180 days remaining until their supervised release date;
(7) offenders who have had disciplinary confinement time added to their sentence or who have been placed in segregation, unless 90 days have elapsed from the imposition of the additional disciplinary confinement time or the last day of segregation;
(8) offenders who have received a suspended formal disciplinary sanction, unless the suspension has expired;
(9) offenders whose governing sentence is for an offense from another state or the United States; and
(10) offenders who have a
medical condition included on the list of ineligible conditions described in
paragraph (b).
(b) The commissioner of corrections shall develop a list of medical conditions that will disqualify an offender from participating in the challenge incarceration program. The commissioner shall submit the list and any changes to it to the chairs and ranking minority members of the senate and house committees having jurisdiction over criminal justice policy and funding.
Sec. 5. Minnesota Statutes 2022, section 245C.15, subdivision 1, is amended to read:
Subdivision 1. Permanent disqualification. (a) An individual is disqualified under section 245C.14 if: (1) regardless of how much time has passed since the discharge of the sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of the level of the offense, the individual has committed any of the following offenses: sections 243.166 (violation of predatory offender registration law); 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.322 (solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest); a felony offense under 609.377 (malicious punishment of a child); a felony offense under 609.378 (neglect or endangerment of a child); 609.561 (arson in the first degree); 609.66, subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); 617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving a minor); 617.246 (use of minors in sexual performance prohibited); 617.247 (possession of pictorial representations of minors); or, for a child care background study subject, conviction of a crime that would make the individual ineligible for employment under United States Code, title 42, section 9858f, except for a felony drug conviction, regardless of whether a period of disqualification under subdivisions 2 to 4, would apply if the individual were not a child care background study subject.
(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, permanently disqualifies the individual under section 245C.14.
(c) An individual's offense in any other state or country, where the elements of the offense are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies the individual under section 245C.14.
(d) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(e) If the individual studied commits one of the offenses listed in paragraph (a) that is specified as a felony-level only offense, but the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is disqualified, but the disqualification look-back period for the offense is the period applicable to gross misdemeanor or misdemeanor offenses.
(f) A child care background study subject shall be disqualified if the individual is registered, or required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry.
Sec. 6. Minnesota Statutes 2022, section 245C.15, subdivision 2, is amended to read:
Subd. 2. 15-year disqualification. (a) An individual is disqualified under section 245C.14 if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and (2) the individual has committed a felony-level violation of any of the following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud); 393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.165 (felon ineligible to possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third degree); 609.255 (false imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275 (attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender); 609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing stolen goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535 (issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611 (insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery; offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration); 609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821 (financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat offenses under 617.241 (obscene materials and performances; distribution and exhibition prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs; controlled substance); or Minnesota Statutes 2012, section 609.21; or a felony-level conviction involving alcohol or drug use.
(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than 15 years has passed since the termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or subdivision 3.
(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a).
(e) If the individual studied commits one of the offenses listed in paragraph (a), but the sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is disqualified but the disqualification look-back period for the offense is the period applicable to the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on an Alford Plea, the disqualification period begins from the date the Alford Plea is entered in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 7. Minnesota Statutes 2022, section 245C.15, subdivision 4a, is amended to read:
Subd. 4a. Licensed family foster setting disqualifications. (a) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting, regardless of how much time has passed, an individual is disqualified under section 245C.14 if the individual committed an act that resulted in a felony-level conviction for sections: 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse); 609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325 (criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245 (aggravated robbery); 609.247, subdivision 2 or 3 (carjacking in the first or second degree); 609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268 (injury or death of an unborn child in the commission of a crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in, hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.561 (arson in the first degree); 609.582, subdivision 1 (burglary in the first degree); 609.746 (interference with privacy); 617.23 (indecent exposure); 617.246 (use of minors in sexual performance prohibited); or 617.247 (possession of pictorial representations of minors).
(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated with a licensed family foster setting, an individual is disqualified under section 245C.14, regardless of how much time has passed, if the individual:
(1) committed an action under paragraph (e) that resulted in death or involved sexual abuse, as defined in section 260E.03, subdivision 20;
(2) committed an act that resulted in a gross misdemeanor-level conviction for section 609.3451 (criminal sexual conduct in the fifth degree);
(3) committed an act against or involving a minor that resulted in a felony-level conviction for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree); or
(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level conviction for section 617.293 (dissemination and display of harmful materials to minors).
(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting, an individual is disqualified under section 245C.14 if fewer than 20 years have passed since the termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to involuntarily terminate parental rights. An individual is disqualified under section 245C.14 if fewer than 20 years have passed since the termination of the individual's parental rights in any other state or country, where the conditions for the individual's termination of parental rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph (b).
(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting, an individual is disqualified under section 245C.14 if fewer than five years have passed since a felony-level violation for sections: 152.021 (controlled substance crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023 (controlled substance crime in the third degree); 152.024 (controlled substance crime in the fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing controlled substances across state borders); 152.0262, subdivision 1, paragraph (b) (possession of substance with intent to manufacture methamphetamine); 152.027, subdivision 6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia; prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while impaired); 243.166 (violation of predatory offender registration requirements); 609.2113 (criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third degree); 609.322, subdivision 1a (solicitation, inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498, subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b (aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563 (arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66 (felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749, subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).
(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a background study affiliated with a licensed family child foster care license, an individual is disqualified under section 245C.14 if fewer than five years have passed since:
(1) a felony-level violation for an act not against or involving a minor that constitutes: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the fifth degree);
(2) a violation of an order for protection under section 518B.01, subdivision 14;
(3) a determination or disposition of the individual's failure to make required reports under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment was recurring or serious;
(4) a determination or disposition of the individual's substantiated serious or recurring maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under chapter 260E or section 626.557 and meet the definition of serious maltreatment or recurring maltreatment;
(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
(6) committing an act against or involving a minor that resulted in a misdemeanor-level violation of section 609.224, subdivision 1 (assault in the fifth degree).
(f) For purposes of this subdivision, the disqualification begins from:
(1) the date of the alleged violation, if the individual was not convicted;
(2) the date of conviction, if the individual was convicted of the violation but not committed to the custody of the commissioner of corrections; or
(3) the date of release from prison, if the individual was convicted of the violation and committed to the custody of the commissioner of corrections.
Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation of the individual's supervised release, the disqualification begins from the date of release from the subsequent incarceration.
(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes, permanently disqualifies the individual under section 245C.14. An individual is disqualified under section 245C.14 if fewer than five years have passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (d) and (e).
(h) An individual's offense in any other state or country, where the elements of the offense are substantially similar to any of the offenses listed in paragraphs (a) and (b), permanently disqualifies the individual under section 245C.14. An individual is disqualified under section 245C.14 if fewer than five years have passed since an offense in any other state or country, the elements of which are substantially similar to the elements of any offense listed in paragraphs (d) and (e).
Sec. 8. Minnesota Statutes 2022, section 245C.24, subdivision 3, is amended to read:
Subd. 3. Ten-year bar to set aside disqualification. (a) The commissioner may not set aside the disqualification of an individual in connection with a license to provide family child care for children or foster care or day care services for adults in the provider's home if: (1) less than ten years has passed since the discharge of the sentence imposed, if any, for the offense; or (2) when disqualified based on a preponderance of evidence determination under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed since the individual committed the act or admitted to committing the act, whichever is later; and (3) the individual has committed a violation of any of the following offenses: sections 609.165 (felon ineligible to possess firearm); criminal vehicular homicide or criminal vehicular operation causing death under 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (aiding suicide or aiding attempted suicide); felony violations under 609.223 or 609.2231 (assault in the third or fourth degree); 609.229 (crimes committed for benefit of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to facilitate crime); 609.24 (simple robbery); 609.247, subdivision 4 (carjacking in the third degree); 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot); 609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns); 609.749, subdivision 2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or subdivision 2, clause (4)
(controlled substance crime in the third degree); 152.024, subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree); 609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first, second, or third degree); 609.268 (injury or death of an unborn child in the commission of a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or displaying harmful material to minors); a felony-level conviction involving alcohol or drug use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision 3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess firearms); or Minnesota Statutes 2012, section 609.21.
(b) The commissioner may not set aside the disqualification of an individual if less than ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a) as each of these offenses is defined in Minnesota Statutes.
(c) The commissioner may not set aside the disqualification of an individual if less than ten years have passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).
Sec. 9. Minnesota Statutes 2022, section 253B.02, subdivision 4e, is amended to read:
Subd. 4e. Crime against the person. "Crime against the person" means a violation of or attempt to violate any of the following provisions: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.2335 (financial exploitation of a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.27, subdivision 1, clause (1) or (2) (coercion); 609.28 (interfering with religious observance) if violence or threats of violence were used; 609.322, subdivision 1, paragraph (a), clause (2) (solicitation); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3458 (sexual extortion); 609.365 (incest); 609.498, subdivision 1 (tampering with a witness); 609.50, clause (1) (obstructing legal process, arrest, and firefighting); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.595 (damage to property); and 609.72, subdivision 3 (disorderly conduct by a caregiver); and Minnesota Statutes 2012, section 609.21.
Sec. 10. Minnesota Statutes 2022, section 253D.02, subdivision 8, is amended to read:
Subd. 8. Harmful sexual conduct. (a) "Harmful sexual conduct" means sexual conduct that creates a substantial likelihood of serious physical or emotional harm to another.
(b) There is a rebuttable presumption that conduct described in the following provisions creates a substantial likelihood that a victim will suffer serious physical or emotional harm: section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345 (criminal sexual conduct in the fourth degree), or 609.3458 (sexual extortion). If the conduct
was motivated by the person's sexual impulses or was part of a pattern of behavior that had criminal sexual conduct as a goal, the presumption also applies to conduct described in section 609.185 (murder in the first degree), 609.19 (murder in the second degree), 609.195 (murder in the third degree), 609.20 (manslaughter in the first degree), 609.205 (manslaughter in the second degree), 609.221 (assault in the first degree), 609.222 (assault in the second degree), 609.223 (assault in the third degree), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.247 (carjacking), 609.25 (kidnapping), 609.255 (false imprisonment), 609.365 (incest), 609.498 (tampering with a witness), 609.561 (arson in the first degree), 609.582, subdivision 1 (burglary in the first degree), 609.713 (terroristic threats), or 609.749, subdivision 3 or 5 (harassment or stalking).
Sec. 11. Minnesota Statutes 2022, section 260B.171, subdivision 3, is amended to read:
Subd. 3. Disposition order; copy to school. (a) If a juvenile is enrolled in school, the juvenile's probation officer shall ensure that either a mailed notice or an electronic copy of the court's disposition order be transmitted to the superintendent of the juvenile's school district or the chief administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent for committing an act on the school's property or an act:
(1) that would be a violation of section 609.185 (first-degree murder); 609.19 (second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter); 609.205 (second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (first-degree assault); 609.222 (second‑degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 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); 609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a witness); 609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or 609.749 (harassment or stalking), if committed by an adult; or Minnesota Statutes 2012, section 609.21;
(2) that would be a violation of section 152.021 (first-degree controlled substance crime); 152.022 (second‑degree controlled substance crime); 152.023 (third-degree controlled substance crime); 152.024 (fourth‑degree controlled substance crime); 152.025 (fifth-degree controlled substance crime); 152.0261 (importing a controlled substance); 152.0262 (possession of substances with intent to manufacture methamphetamine); or 152.027 (other controlled substance offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous weapon as defined in section 609.02, subdivision 6.
When a disposition order is transmitted under this subdivision, the probation officer shall notify the juvenile's parent or legal guardian that the disposition order has been shared with the juvenile's school.
(b) In addition, the juvenile's probation officer may transmit a copy of the court's disposition order to the superintendent of the juvenile's school district or the chief administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent for offenses not listed in paragraph (a) and placed on probation. The probation officer shall notify the superintendent or chief administrative officer when the juvenile is discharged from probation.
(c) The disposition order must be accompanied by a notice to the school that the school may obtain additional information from the juvenile's probation officer with the consent of the juvenile or the juvenile's parents, as applicable. The disposition order must be maintained, shared, or released only as provided in section 121A.75.
(d) The juvenile's probation officer shall maintain a record of disposition orders released under this subdivision and the basis for the release.
(e) No later than September 1, 2002, the criminal and juvenile justice information policy group, in consultation with representatives of probation officers and educators, shall prepare standard forms for use by juvenile probation officers in forwarding information to schools under this subdivision and in maintaining a record of the information that is released. The group shall provide a copy of any forms or procedures developed under this paragraph to the legislature by January 15, 2003.
(f) As used in this subdivision, "school" means a charter school or a school as defined in section 120A.22, subdivision 4, except a home school.
Sec. 12. Minnesota Statutes 2022, section 299A.296, subdivision 2, is amended to read:
Subd. 2. Grant procedure. (a) A local unit of government or a nonprofit community-based entity may apply for a grant by submitting an application with the commissioner. The applicant shall specify the following in its application:
(1) a description of each program for which funding is sought;
(2) outcomes and performance indicators for the program;
(3) a description of the planning process that identifies local community needs, surveys existing programs, provides for coordination with existing programs, and involves all affected sectors of the community;
(4) the geographical area to be served by the program;
(5) statistical information as to the number of arrests in the geographical area for violent crimes and for crimes involving Schedule I and II controlled substances. "Violent crime" includes a violation of or an attempt or conspiracy to violate any of the following laws: sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.687; or any provision of chapter 152 that is punishable by a maximum sentence greater than ten years; or Minnesota Statutes 2012, section 609.21; and
(6) the number of economically disadvantaged youth in the geographical areas to be served by the program.
(b) The commissioner shall give priority to funding community-based collaboratives, programs that demonstrate substantial involvement by members of the community served by the program and programs that either serve the geographical areas that have the highest crime rates, as measured by the data supplied under paragraph (a), clause (5), or serve geographical areas that have the largest concentrations of economically disadvantaged youth. Up to 2.5 percent of the appropriation may be used by the commissioner to administer the program.
Sec. 13. Minnesota Statutes 2022, section 299C.105, subdivision 1, is amended to read:
Subdivision 1. Required collection of biological specimen for DNA testing. (a) Sheriffs, peace officers, and community corrections agencies operating secure juvenile detention facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis as defined in section 299C.155, of the following:
(1) persons who have appeared in court and have had a judicial probable cause determination on a charge of committing, or persons having been convicted of or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section
609.24 or, aggravated robbery under section 609.245, or
carjacking under section 609.247;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision 3a; or
(3) juveniles who have appeared in court and have had a judicial probable cause determination on a charge of committing, or juveniles having been adjudicated delinquent for committing or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section
609.24 or, aggravated robbery under section 609.245, or
carjacking under section 609.247;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours the biological specimen required under paragraph (a) must be forwarded to the bureau in such a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological specimen is taken on a person described in paragraph (a).
Sec. 14. Minnesota Statutes 2022, section 299C.67, subdivision 2, is amended to read:
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); 609.3458 (sexual extortion); 609.561 (first-degree arson); or 609.749 (harassment or 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); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 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); or Minnesota Statutes 2012, section 609.21;
(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.
Sec. 15. Minnesota Statutes 2022, section 326.3381, subdivision 3, is amended to read:
Subd. 3. Disqualification. No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault; theft; larceny; burglary; robbery; carjacking; unlawful entry; extortion; defamation; buying or receiving stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; possession, production, sale, or distribution of narcotics unlawfully; or (iii) in any other country of acts which, if done in Minnesota, would be a felony or would be any of the other offenses provided in this clause and for which a full pardon or similar relief has not been granted;
(2) made any false statement in an application for a license or any document required to be submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
Sec. 16. Minnesota Statutes 2022, section 609.1095, subdivision 1, is amended to read:
Subdivision 1. Definitions. (a) As used in this section, the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed the next felony resulting in a conviction and before the offense for which the offender is being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of the following laws of this state or any similar laws of the United States or any other state: sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.247; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.322; 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15 years or more; or Minnesota Statutes 2012, section 609.21.
Sec. 17. Minnesota Statutes 2022, section 609.11, subdivision 9, is amended to read:
Subd. 9. Applicable offenses. The crimes for which mandatory minimum sentences shall be served as provided in this section are: murder in the first, second, or third degree; assault in the first, second, or third degree; burglary; kidnapping; false imprisonment; manslaughter in the first or second degree; aggravated robbery; simple robbery; carjacking in the first, second, or third degree; first-degree or aggravated first-degree witness tampering; criminal sexual conduct under the circumstances described in sections 609.342, subdivision 1, and subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, and subdivision 1a, clauses (a) to (f) and (i); and 609.344, subdivision 1, clauses (a) to (c) and (d), under the conditions described in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii), and subdivision 1a, clauses (a) to (e), (h), and (i), under the conditions described in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii); escape from custody; arson in the first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e; harassment under section 609.749, subdivision 3, paragraph (a), clause (3); possession or other unlawful use of a firearm or ammunition in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (2), a felony violation of chapter 152; or any attempt to commit any of these offenses.
Sec. 18. Minnesota Statutes 2022, section 609.185, is amended to read:
609.185 MURDER IN THE FIRST DEGREE.
(a) Whoever does any of the following is guilty of murder in the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the person or another;
(3) causes the death of a human being with intent to effect the death of the person or another, while committing or attempting to commit burglary, aggravated robbery, carjacking in the first or second degree, kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness in the first degree, escape from custody, or any felony violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed at a Minnesota state or local correctional facility, with intent to effect the death of that person or another, while the person is engaged in the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the perpetrator has engaged in a past pattern of child abuse upon a child and the death occurs under circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing domestic abuse, when the perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another family or household member and the death occurs under circumstances manifesting an extreme indifference to human life; or
(7) causes the death of a human being while committing, conspiring to commit, or attempting to commit a felony crime to further terrorism and the death occurs under circumstances manifesting an extreme indifference to human life.
(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning given in section 609.221, subdivision 2, paragraph (c), clause (4).
(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section 609.221, subdivision 2, paragraph (c), clause (5).
(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed against a minor victim that constitutes a violation of the following laws of this state or any similar laws of the United States or any other state: section 609.221; 609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or any other state; and
(2) is committed against the victim who is a family or household member as defined in section 518B.01, subdivision 2, paragraph (b).
(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given in section 609.714, subdivision 1.
Sec. 19. Minnesota Statutes 2022, section 609.2661, is amended to read:
609.2661 MURDER OF UNBORN CHILD IN THE FIRST DEGREE.
Whoever does any of the following is guilty of murder of an unborn child in the first degree and must be sentenced to imprisonment for life:
(1) causes the death of an unborn child with premeditation and with intent to effect the death of the unborn child or of another;
(2) causes the death of an unborn child while committing or attempting to commit criminal sexual conduct in the first or second degree with force or violence, either upon or affecting the mother of the unborn child or another; or
(3) causes the death of an unborn child with intent to effect the death of the unborn child or another while committing or attempting to commit burglary, aggravated robbery, carjacking in the first or second degree, kidnapping, arson in the first or second degree, tampering with a witness in the first degree, or escape from custody.
Sec. 20. Minnesota Statutes 2022, section 609.341, subdivision 22, is amended to read:
Subd. 22. Predatory crime. "Predatory crime" means a felony violation of section 609.185 (first-degree murder), 609.19 (second-degree murder), 609.195 (third-degree murder), 609.20 (first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221 (first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree assault), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.247 (carjacking), 609.25 (kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness), 609.561 (first-degree arson), or 609.582, subdivision 1 (first-degree burglary).
Sec. 21. Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.247; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than
$1,000, and any of the following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or
(iv) the property consists of
public funds belonging to the state or to any political subdivision or agency
thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.
Sec. 22. Minnesota Statutes 2022, section 609.526, subdivision 2, is amended to read:
Subd. 2. Crime described. Any precious metal dealer or scrap metal dealer or any person employed by a dealer, who receives, possesses, transfers, buys, or conceals any stolen property or property obtained by robbery or carjacking, knowing or having reason to know the property was stolen or obtained by robbery or carjacking, may be sentenced as follows:
(1) if the value of the property received, bought, or concealed is $1,000 or more, to imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both;
(2) if the value of the property received, bought, or concealed is less than $1,000 but more than $500, to imprisonment for not more than three years or to payment of a fine of not more than $25,000, or both;
(3) if the value of the property received, bought, or concealed is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
Any person convicted of violating this section a second or subsequent time within a period of one year may be sentenced as provided in clause (1).
Sec. 23. Minnesota Statutes 2022, section 609.531, subdivision 1, is amended to read:
Subdivision 1. Definitions. For the purpose of sections 609.531 to 609.5318, the following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment attached to it. The term "conveyance device" does not include property which is, in fact, itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02, subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District Department of Public Safety, the Department of Natural Resources Division of Enforcement, the University of Minnesota Police Department, the Department of Corrections Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113; 609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247; 609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i); 609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section 609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle in the transportation or exchange of a controlled substance intended for distribution or sale, claiming an ownership interest in a vehicle that has been seized or restrained under this section.
Sec. 24. Minnesota Statutes 2022, section 609.631, subdivision 4, is amended to read:
Subd. 4. Sentencing. A person who is convicted under subdivision 2 or 3 may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain, property or services of more than $35,000 or the aggregate amount of the forged check or checks is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain, property or services of more than $2,500 or the aggregate amount of the forged check or checks is more than $2,500;
(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(a) the forged check or checks are used to obtain or in an attempt to obtain, property or services of more than $250 but not more than $2,500, or the aggregate face amount of the forged check or checks is more than $250 but not more than $2,500; or
(b) the forged check or checks are used to obtain or in an attempt to obtain, property or services of no more than $250, or have an aggregate face value of no more than $250, and the person has been convicted within the preceding five years for an offense under this section, section 609.24; 609.245; 609.247; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from another state in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; and
(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain, property or services of no more than $250, or the aggregate face amount of the forged check or checks is no more than $250.
In any prosecution under this subdivision, the value of the checks forged or offered by the defendant in violation of this subdivision within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the checks was forged or offered for all of the offenses aggregated under this paragraph.
Sec. 25. Minnesota Statutes 2022, section 609.632, subdivision 4, is amended to read:
Subd. 4. Penalty. (a) A person who is convicted of violating subdivision 1 or 2 may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
(b) A person who is convicted of violating subdivision 3 may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property or services having a value of more than $35,000, or the aggregate face value of the counterfeited item is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property or services having a value of more than $5,000, or the aggregate face value of the counterfeited item is more than $5,000;
(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if:
(i) the counterfeited item is used to obtain or in an attempt to obtain property or services having a value of more than $1,000 or the aggregate face value of the counterfeited item is more than $1,000; or
(ii) the counterfeited item is used to obtain or in an attempt to obtain property or services having a value of no more than $1,000, or the aggregate face value of the counterfeited item is no more than $1,000, and the person has been convicted within the preceding five years for an offense under this section, section 609.24; 609.245; 609.247; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from another state or the United States in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow the imposition of a felony or gross misdemeanor sentence; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property or services having a value of no more than $1,000, or the aggregate face value of the counterfeited item is no more than $1,000.
Sec. 26. Minnesota Statutes 2022, section 609.821, subdivision 3, is amended to read:
Subd. 3. Sentence. (a) A person who commits financial transaction card fraud may be sentenced as follows:
(1) for a violation of subdivision 2, clause (1), (2), (5), (8), or (9):
(i) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the value of the property the person obtained or attempted to obtain was more than $35,000, or the aggregate amount of the transactions under this subdivision was more than $35,000; or
(ii) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property the person obtained or attempted to obtain was more than $2,500, or the aggregate amount of the transactions under this subdivision was more than $2,500; or
(iii) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the property the person obtained or attempted to obtain was more than $250 but not more than $2,500, or the aggregate amount of the transactions under this subdivision was more than $250 but not more than $2,500; or
(iv) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the value of the property the person obtained or attempted to obtain was not more than $250, or the aggregate amount of the transactions under this subdivision was not more than $250, and the person has previously been convicted within the preceding five years for an offense under this section, section 609.24; 609.245; 609.247; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute from another state in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or
(v) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property the person obtained or attempted to obtain was not more than $250, or the aggregate amount of the transactions under this subdivision was not more than $250;
(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both; or
(3) for a violation of subdivision 2, clause (6) or (7):
(i) if no property, other than a financial transaction card, has been obtained by the defendant by means of the false statement or false report, to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both; or
(ii) if property, other than a financial transaction card, is so obtained, in the manner provided in clause (1).
(b) In any prosecution under paragraph (a), clause (1), the value of the transactions made or attempted within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the card transactions occurred for all of the transactions aggregated under this paragraph.
Sec. 27. Minnesota Statutes 2022, section 609B.161, is amended to read:
609B.161 PRIVATE DETECTIVE OR PROTECTIVE AGENT BUSINESS LICENSE;
DISQUALIFICATION.
Under section 326.3381, a person is disqualified from holding a private detective or protective agent business license if that person has been convicted of:
(1) a felony by the courts of this or any other state or of the United States;
(2) acts which, if committed in Minnesota, would be criminal sexual conduct; assault; theft; larceny; burglary; robbery; carjacking; unlawful entry; extortion; defamation; buying or receiving stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; or possession, production, sale, or distribution of narcotics unlawfully; or
(3) acts in any other country which, if committed in Minnesota, would be a felony or considered as any of the other offenses listed in clause (2) and for which a full pardon or similar relief has not been granted.
Sec. 28. Minnesota Statutes 2022, section 611A.031, is amended to read:
611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION.
A prosecutor shall make every reasonable effort to notify and seek input from the victim prior to referring a person into a pretrial diversion program in lieu of prosecution for a violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223, 609.224, 609.2242, 609.24, 609.245, 609.247, 609.25, 609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 609.749.
Sec. 29. Minnesota Statutes 2022, section 611A.036, subdivision 7, is amended to read:
Subd. 7. Definition. As used in this section, "violent crime" means a violation or attempt to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 (arson in the first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c) (burglary in the first degree; occupied dwelling or involving an assault); 609.66, subdivision 1e, paragraph (b) (drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle); or 609.749, subdivision 2 (harassment); or Minnesota Statutes 2012, section 609.21.
Sec. 30. Minnesota Statutes 2022, section 611A.08, subdivision 6, is amended to read:
Subd. 6. Violent crime; definition. For purposes of this section, "violent crime" means an offense named in sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 609.2231; 609.24; 609.245; 609.247; 609.25; 609.255; 609.342; 609.343; 609.344; 609.345; 609.3458; 609.561; 609.562; 609.563; and 609.582, or an attempt to commit any of these offenses. "Violent crime" includes crimes in other states or jurisdictions which would have been within the definition set forth in this subdivision if they had been committed in this state.
Sec. 31. Minnesota Statutes 2022, section 624.712, subdivision 5, is amended to read:
Subd. 5. Crime of violence. "Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses.
Sec. 32. Minnesota Statutes 2022, section 626A.05, subdivision 2, is amended to read:
Subd. 2. Offenses for which interception of wire or oral communication may be authorized. A warrant authorizing interception of wire, electronic, or oral communications by investigative or law enforcement officers may only be issued when the interception may provide evidence of the commission of, or of an attempt or conspiracy to commit, any of the following offenses:
(1) a felony offense involving murder, manslaughter, assault in the first, second, and third degrees, aggravated robbery, carjacking in the first or second degree, kidnapping, criminal sexual conduct in the first, second, and third degrees, prostitution, bribery, perjury, escape from custody, theft, receiving stolen property, embezzlement, burglary in the first, second, and third degrees, forgery, aggravated forgery, check forgery, or financial transaction card fraud, as punishable under sections 609.185, 609.19, 609.195, 609.20, 609.221, 609.222, 609.223, 609.2231, 609.245, 609.247, subdivision 2 or 3, 609.25, 609.321 to 609.324, 609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause (1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.821, and 609.825;
(2) an offense relating to gambling or controlled substances, as
punishable under section 609.76 or chapter 152; or
(3) an offense relating to restraint of trade defined in section 325D.53, subdivision 1 or 2, as punishable under section 325D.56, subdivision 2.
Sec. 33. Minnesota Statutes 2022, section 629.361, is amended to read:
629.361
PEACE OFFICERS RESPONSIBLE FOR CUSTODY OF STOLEN PROPERTY.
A peace officer arresting a person charged with committing or aiding in the committing of a robbery, aggravated robbery, carjacking, or theft shall use reasonable diligence to secure the property alleged to have been stolen. After seizure of the property, the officer shall be answerable for it while it remains in the officer's custody. The officer shall annex a schedule of the property to the return of the warrant. Upon request of the county attorney, the law enforcement agency that has custody of the property alleged to have been stolen shall deliver the property to the custody of the county attorney for use as evidence at an omnibus hearing or at trial. The county attorney shall make a receipt for the property and be responsible for the property while it is in the county attorney's custody. When the offender is convicted, whoever has custody of the property shall turn it over to the owner.
Sec. 34. EFFECTIVE
DATE.
This article is effective August 1, 2023."
Delete the title and insert:
"A bill for an act relating to state government; providing law for judiciary, public safety, crime, sentencing, evidence, courts, law enforcement, firearms, controlled substances, corrections, clemency, expungement, rehabilitation and reinvestment, civil law, community supervision, supervised release, and human rights; providing for rulemaking; providing for reports; providing for criminal and civil penalties; appropriating money for judiciary, Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, human rights, sentencing guidelines, public safety, fire marshal, Office of Justice programs, emergency communication, Peace Officer Standards and Training Board, Private Detective Board, corrections, Ombudsperson for Corrections, Board of Public Defense, juvenile justice, and law enforcement education and training; amending Minnesota Statutes 2022, sections 13.072, subdivision 1; 13.32, subdivisions 3, 5; 13.643, subdivision 6; 13.72, subdivision 19, by adding a subdivision; 13.825, subdivisions 2, 3; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2; 15.0597, subdivisions 1, 4, 5, 6; 51A.14; 82B.195, subdivision 3; 121A.28; 144.6586, subdivision 2; 145.4712; 145A.061, subdivision 3; 146A.08, subdivision 1; 151.01, by adding a subdivision; 151.40, subdivisions 1, 2; 152.01, subdivisions 12a, 18, by adding a subdivision; 152.02, subdivisions 2, 3, 5, 6; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.025, subdivision 2; 152.093; 152.18, subdivision 1; 152.205; 168B.07, subdivision 3, by adding subdivisions; 169A.276, subdivision 1; 169A.40, subdivision 3; 169A.41, subdivisions 1, 2; 169A.44; 169A.60, subdivision 2; 169A.63, subdivision 8; 171.306, by adding a subdivision; 181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021, subdivisions 1d, 2a, 2b, by adding a subdivision; 241.025, subdivisions 1, 2, 3; 241.90; 242.18; 243.05, subdivision 1; 243.1606; 243.166, subdivision 1b; 243.58; 244.03; 244.05, subdivisions 1b, 3, 4, 5, 6, 8, by adding subdivisions; 244.0513, subdivisions 2, 4; 244.09, subdivisions 2, 3, by adding a subdivision; 244.101, subdivision 1; 244.17, subdivision 3; 244.171, subdivision 4; 244.172, subdivision 1; 244.18; 244.19; 244.195; 244.197; 244.198; 244.199; 244.1995; 244.20; 244.21; 244.24; 245C.08, subdivisions 1, 2; 245C.15, subdivisions 1, 2, 4a; 245C.24, subdivision 3; 245I.12, subdivision 1; 253B.02, subdivision 4e; 253D.02, subdivision 8; 256I.04, subdivision 2g; 259.11; 259.13, subdivisions 1, 5; 260.515; 260B.171, subdivision 3; 260B.176, by adding a subdivision; 297I.06, subdivision 1; 299A.296; 299A.38; 299A.41, subdivisions 3, 4, by adding a subdivision; 299A.48; 299A.49; 299A.50; 299A.51; 299A.52; 299A.642, subdivision 15; 299A.73, by adding a subdivision; 299A.783, subdivision 1; 299A.85, subdivision 6; 299C.063; 299C.10, subdivision 1; 299C.105, subdivision 1; 299C.106, subdivision 3; 299C.11, subdivisions 1, 3; 299C.111; 299C.17; 299C.46, subdivision 1; 299C.53, subdivision 3; 299C.65, subdivisions 1a, 3a; 299C.67, subdivision 2; 299F.362; 299F.46, subdivision 1; 299F.50, by adding subdivisions; 299F.51, subdivisions 1, 2, 5, by adding a subdivision; 325F.70, by adding a subdivision; 325F.992, subdivision 3; 326.32, subdivision 10; 326.3311; 326.336, subdivision 2; 326.3361, subdivision 2; 326.3381, subdivision 3; 326.3387, subdivision 1; 336.9-601; 351.01, subdivision 2; 357.021, subdivision 2; 363A.02, subdivision 1; 363A.03, subdivisions 23, 44, by adding a subdivision; 363A.04;
363A.06, subdivision 1; 363A.07, subdivision 2; 363A.08, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.09, subdivisions 1, 2, 3, 4; 363A.11, subdivisions 1, 2; 363A.12, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4; 363A.15; 363A.16, subdivision 1; 363A.17; 363A.21, subdivision 1; 364.021; 364.06, subdivision 1; 401.01; 401.02; 401.025; 401.03; 401.04; 401.05, subdivision 1; 401.06; 401.08; 401.09; 401.10; 401.11; 401.12; 401.14; 401.15; 401.16; 473.387, subdivision 4; 484.014, subdivisions 2, 3; 484.85; 504B.135; 504B.161, subdivision 1; 504B.171, by adding a subdivision; 504B.172; 504B.178, subdivision 4; 504B.211, subdivisions 2, 6; 504B.285, subdivision 5; 504B.291, subdivision 1; 504B.301; 504B.321; 504B.331; 504B.335; 504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1; 504B.371, subdivisions 3, 4, 5, 7; 504B.375, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision; 507.07; 508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3; 541.023, subdivision 6; 550.365, subdivision 2; 559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039, subdivision 2; 583.25; 583.26, subdivision 2; 600.23; 609.02, subdivisions 2, 16; 609.03; 609.05, by adding a subdivision; 609.066, subdivision 2; 609.102; 609.105, subdivisions 1, 3; 609.1055; 609.106, subdivision 2, by adding a subdivision; 609.1095, subdivision 1; 609.11, subdivision 9; 609.135, subdivisions 1a, 1c, 2; 609.14, subdivision 1, by adding a subdivision; 609.185; 609.2231, subdivision 4; 609.2233; 609.25, subdivision 2; 609.2661; 609.269; 609.341, subdivision 22; 609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.526, subdivision 2; 609.527, subdivision 1, by adding a subdivision; 609.531, subdivision 1; 609.5314, subdivision 3; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a, 2; 609.631, subdivision 4; 609.632, subdivision 4; 609.67, subdivisions 1, 2; 609.746, subdivision 1; 609.749, subdivision 3; 609.78, subdivision 2a; 609.821, subdivision 3; 609.87, by adding a subdivision; 609.89; 609A.01; 609A.02, subdivision 3; 609A.03, subdivisions 5, 7a, 9; 609B.161; 611.215, subdivision 1; 611.23; 611.58, as amended; 611A.03, subdivision 1; 611A.031; 611A.033; 611A.036, subdivision 7; 611A.039, subdivision 1; 611A.08, subdivision 6; 611A.211, subdivision 1; 611A.31, subdivisions 2, 3, by adding a subdivision; 611A.32; 611A.51; 611A.52, subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions 5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c; 617.22; 617.26; 624.712, subdivision 5; 624.713, subdivision 1; 624.7131; 624.7132; 626.14, subdivisions 2, 3, by adding a subdivision; 626.15; 626.21; 626.5531, subdivision 1; 626.843, by adding a subdivision; 626.8432, subdivision 1; 626.8451, subdivision 1; 626.8452, by adding subdivisions; 626.8457, by adding subdivisions; 626.8469, subdivision 1; 626.8473, subdivision 3; 626.87, subdivisions 2, 3, 5, by adding a subdivision; 626.89, subdivision 17; 626.90, subdivision 2; 626.91, subdivisions 2, 4; 626.92, subdivisions 2, 3; 626.93, subdivisions 3, 4; 626A.05, subdivision 2; 626A.35, by adding a subdivision; 628.26; 629.292, subdivision 2; 629.341, subdivisions 3, 4; 629.361; 629.72, subdivision 6; 638.01; 641.15, subdivision 2; 641.155; Laws 1961, chapter 108, section 1, as amended; Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3; Laws 2022, chapter 99, article 1, section 50; article 3, section 1, as amended; proposing coding for new law in Minnesota Statutes, chapters 13; 145; 241; 243; 244; 259; 260C; 299A; 299C; 401; 484; 504B; 573; 609; 609A; 624; 626; 638; 641; repealing Minnesota Statutes 2022, sections 152.092; 241.272; 244.14; 244.15; 244.196; 244.22; 244.32; 299C.80, subdivision 7; 346.02; 363A.20, subdivision 3; 363A.27; 401.07; 504B.305; 504B.341; 518B.02, subdivision 3; 582.14; 609.293, subdivisions 1, 5; 609.34; 609.36; 617.20; 617.201; 617.202; 617.21; 617.28; 617.29; 626.93, subdivision 7; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08."
|
We request the adoption of this report and repassage of the bill. |
||
|
Senate Conferees: Ron
Latz, Clare Oumou Verbeten, Sandra Pappas, Judy Seeberger and Bonnie Westlin. |
||
|
|
|
|
|
House
Conferees: Kelly Moller, Sandra Feist, Jamie Becker-Finn, Cedrick Frazier and Brion Curran. |
||
Moller moved that the report of the
Conference Committee on S. F. No. 2909 be adopted and that the
bill be repassed as amended by the Conference Committee.
A roll call was requested and properly
seconded.
Urdahl was excused between the hours of
3:55 p.m. and 8:30 p.m.
Scott moved that the House refuse to adopt the report of
the Conference Committee on S. F. No. 2909 and that the bill be
returned to the Conference Committee.
A roll call was requested and properly
seconded.
CALL OF
THE HOUSE
On the motion of Scott and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Acomb
Agbaje
Altendorf
Anderson, P. E.
Backer
Bahner
Bakeberg
Baker
Becker-Finn
Bennett
Berg
Bierman
Bliss
Brand
Burkel
Carroll
Cha
Clardy
Coulter
Curran
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Edelson
Elkins
Engen
Feist
Finke
Fischer
Fogelman
Franson
Frazier
Frederick
Freiberg
Garofalo
Gillman
Gomez
Greenman
Grossell
Hansen, R.
Hanson, J.
Harder
Hassan
Heintzeman
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Hudella
Hudson
Huot
Hussein
Igo
Jacob
Johnson
Jordan
Joy
Keeler
Klevorn
Knudsen
Koegel
Kotyza-Witthuhn
Kozlowski
Koznick
Kraft
Kresha
Lee, F.
Lee, K.
Liebling
Lillie
Lislegard
Long
McDonald
Mekeland
Moller
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, M.
Nelson, N.
Neu Brindley
Newton
Niska
Noor
Norris
Novotny
O'Driscoll
Olson, B.
Olson, L.
O'Neill
Pelowski
Pérez-Vega
Perryman
Petersburg
Pfarr
Pinto
Pryor
Pursell
Quam
Rehm
Reyer
Richardson
Robbins
Schomacker
Schultz
Scott
Sencer-Mura
Skraba
Smith
Stephenson
Swedzinski
Tabke
Torkelson
Vang
West
Wiener
Wiens
Witte
Wolgamott
Xiong
Youakim
Zeleznikar
Spk. Hortman
All members answered to the call and it
was so ordered.
The Speaker called Wolgamott to the Chair.
Garofalo was excused between the hours of
4:25 p.m. and 9:15 p.m.
Hortman was excused between the hours of
4:35 p.m. and 5:40 p.m.
Hornstein was excused between the hours of
4:35 p.m. and 6:00 p.m.
Gomez and Lislegard were excused between
the hours of 4:35 p.m. and 11:40 p.m.
Petersburg was excused between the hours
of 5:00 p.m. and 5:30 p.m.
Pinto was excused between the hours of
5:20 p.m. and 5:50 p.m.
Kozlowski was excused between the hours of
6:40 p.m. and 7:00 p.m.
Liebling was excused between the hours of 6:40 p.m. and
8:20 p.m.
Xiong was excused between the hours of
6:45 p.m. and 8:20 p.m.
Bierman was excused between the hours of
7:30 p.m. and 8:20 p.m.
The question recurred on the Scott motion
and the roll was called. There were 60
yeas and 68 nays as follows:
Those who voted in the affirmative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
West
Wiener
Wiens
Witte
Zeleznikar
Those who voted in the negative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
The
motion did not prevail.
The question recurred on the Moller motion
and the roll was called. There were 68
yeas and 60 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
West
Wiener
Wiens
Witte
Zeleznikar
The
motion prevailed.
CALL OF
THE HOUSE LIFTED
Demuth moved that the call of the House be
lifted. The motion prevailed and it was
so ordered.
The
Speaker resumed the Chair.
Pursuant to rule 1.50, Pinto moved that
the House be allowed to continue in session after 12:00 midnight. The motion prevailed.
S. F. No. 2909, A bill for
an act relating to state government; providing for certain judiciary, public
safety, corrections, human rights, firearm, clemency, rehabilitation and
reinvestment, supervised release board, expungement, community supervision, and
911 Emergency Communication System policy; providing for reports; authorizing
rulemaking; appropriating money for judiciary, courts, civil legal services,
Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial Standards,
Board of Public Defense, human rights, sentencing guidelines, public safety,
emergency management, criminal apprehension, fire marshal, firefighters, Office
of Justice programs, Peace Officer Standards and Training Board, Private
Detective Board, corrections, incarceration and release, probation, juveniles,
and Ombudsperson for Corrections; amending Minnesota Statutes 2022, sections
13.072, subdivision 1; 13.825, subdivision 3; 13.871, subdivisions 8, 14;
13A.02, subdivisions 1, 2; 144.6586, subdivision 2; 145.4712; 152.01, by adding
a subdivision; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023,
subdivision 2; 152.18, subdivision 1; 181.981, subdivision 1; 214.10,
subdivision 10; 241.01, subdivision 3a; 241.021, subdivision 1d; 243.05,
subdivision 1; 244.03; 244.05, subdivisions 1b, 2, 3, 4, 5, by adding a
subdivision; 244.052, subdivision 4a; 244.101, subdivision 1; 244.19,
subdivisions 1, 5; 244.195, subdivisions 1, 2, by adding subdivisions; 244.20;
244.21; 297I.06, subdivision 1; 299A.38; 299A.41, subdivisions 3, 4, by adding
a subdivision; 299A.52; 299A.642, subdivision 15; 299A.73, by adding a
subdivision; 299C.10, subdivision 1; 299C.106, subdivision 3; 299C.11,
subdivision 3; 299C.111; 299C.17; 299C.53, subdivision 3; 299N.02, subdivision
3; 326.32, subdivision 10; 326.3381, subdivision 3; 357.021, subdivision 2;
363A.06, subdivision 1; 401.01; 401.02; 401.025, subdivision 1; 401.06; 401.09;
401.10; 401.11; 401.14, subdivision 3; 401.16; 403.02, subdivisions 7, 9a, 11b,
16a, 17, 17c, 18, 19, 19a, 20, 20a, 21, by adding subdivisions; 403.025;
403.03, subdivision 2; 403.05; 403.06; 403.07; 403.08; 403.09, subdivision 2;
403.10, subdivisions 2, 3; 403.11; 403.113; 403.15, subdivisions 1, 2, 3, 4, 5, 6,
by adding a subdivision; 609.05, by adding a subdivision; 609.106, subdivision
2, by adding a subdivision; 609.11, subdivision 8, by adding a subdivision;
609.14, subdivision 1, by adding a subdivision; 609.2231, subdivision 4;
609.2233; 609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.527,
subdivision 1, by adding a subdivision; 609.582, subdivisions 3, 4; 609.595,
subdivisions 1a, 2; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3;
609A.03, subdivisions 5, 7a, 9; 611.23; 611A.03, subdivision 1; 611A.211,
subdivision 1; 611A.31, subdivisions 2, 3, by adding a subdivision; 611A.32;
626.15; 626.5531, subdivision 1; 626.843, by adding a subdivision; 626.8451,
subdivision 1; 626.8469, subdivision 1; 626.8473, subdivision 3; 638.01;
641.15, subdivision 2; 641.155; Laws 2021, First Special Session chapter 11,
article 1, section 15, subdivision 3; proposing coding for new law in Minnesota
Statutes, chapters 243; 244; 299A; 299C; 401; 609; 609A; 626; 638; repealing
Minnesota Statutes 2022, sections 244.18; 244.19, subdivisions 6, 7, 8; 244.22;
244.24; 244.30; 299C.80, subdivision 7; 403.02, subdivision 13; 403.09,
subdivision 3; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There
were 69 yeas and 63 nays as follows:
Those who voted in the affirmative were:
Acomb
Agbaje
Bahner
Becker-Finn
Berg
Bierman
Brand
Carroll
Cha
Clardy
Coulter
Curran
Edelson
Elkins
Feist
Finke
Fischer
Frazier
Frederick
Freiberg
Gomez
Greenman
Hansen, R.
Hanson, J.
Hassan
Hemmingsen-Jaeger
Her
Hicks
Hill
Hollins
Hornstein
Howard
Huot
Hussein
Jordan
Keeler
Klevorn
Koegel
Kotyza-Witthuhn
Kozlowski
Kraft
Lee, F.
Lee, K.
Liebling
Lillie
Long
Moller
Nelson, M.
Newton
Noor
Norris
Olson, L.
Pelowski
Pérez-Vega
Pinto
Pryor
Pursell
Rehm
Reyer
Richardson
Sencer-Mura
Smith
Stephenson
Tabke
Vang
Wolgamott
Xiong
Youakim
Spk. Hortman
Those who voted in the negative were:
Altendorf
Anderson, P. E.
Backer
Bakeberg
Baker
Bennett
Bliss
Burkel
Daniels
Daudt
Davids
Davis
Demuth
Dotseth
Engen
Fogelman
Franson
Garofalo
Gillman
Grossell
Harder
Heintzeman
Hudella
Hudson
Igo
Jacob
Johnson
Joy
Knudsen
Koznick
Kresha
Lislegard
McDonald
Mekeland
Mueller
Murphy
Myers
Nadeau
Nash
Nelson, N.
Neu Brindley
Niska
Novotny
O'Driscoll
Olson, B.
O'Neill
Perryman
Petersburg
Pfarr
Quam
Robbins
Schomacker
Schultz
Scott
Skraba
Swedzinski
Torkelson
Urdahl
West
Wiener
Wiens
Witte
Zeleznikar
The bill was repassed, as amended by
Conference, and its title agreed to.
ADJOURNMENT
Long moved that when the House adjourns
today it adjourn until 11:00 a.m., Tuesday, May 16, 2023. The motion prevailed.
Long moved that the House adjourn. The motion prevailed, and the Speaker
declared the House stands adjourned until 11:00 a.m., Tuesday, May 16, 2023.
Patrick
D. Murphy, Chief Clerk,
House of Representatives