1.1.................... moves to amend H.F. No. 2415 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 241.016, subdivision 1, is amended to
1.4read:
1.5    Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
1.6performance report to the chairs and ranking minority members of the senate and house
1.7of representatives committees and divisions having jurisdiction over criminal justice
1.8funding by January 15 of each odd-numbered year. The issuance and content of the report
1.9must include the following:
1.10    (1) department strategic mission, goals, and objectives;
1.11    (2) the department-wide per diem, adult facility-specific per diems, and an average
1.12per diem, reported in a standard calculated method as outlined in the departmental policies
1.13and procedures;
1.14    (3) department annual statistics as outlined in the departmental policies and
1.15procedures; and
1.16    (4) information about prison-based mental health programs, including, but not
1.17limited to, the availability of these programs, participation rates, and completion rates.
1.18    (b) The department shall maintain recidivism rates for adult facilities on an annual
1.19basis. In addition, each year the department shall, on an alternating basis, complete a
1.20recidivism analysis of adult facilities, juvenile services, and the community services
1.21divisions and include a three-year recidivism analysis in the report described in paragraph
1.22(a). The recidivism analysis must: (1) assess education programs, vocational programs,
1.23treatment programs, including mental health programs, industry, and employment; and (2)
1.24assess statewide re-entry policies and funding, including postrelease treatment, education,
1.25training, and supervision. In addition, when reporting recidivism for the department's
1.26adult and juvenile facilities, the department shall report on the extent to which offenders it
2.1has assessed as chemically dependent commit new offenses, with separate recidivism rates
2.2reported for persons completing and not completing the department's treatment programs.
2.3(c) By August 31 of each odd-numbered year, the commissioner must present to the
2.4individuals identified in paragraph (a) a report that lists and describes the performance
2.5measures and targets the department will include in the biennial performance report. The
2.6measures and targets must include a budget target for the next two years and a history of
2.7the department's performance for the previous five years. At a minimum, the report must
2.8include measures and targets for the data and information identified in paragraphs (a) and
2.9(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
2.10(1) average statutory per diem for adult offenders, female offenders, and juvenile
2.11offenders;
2.12(2) the Department of Corrections field services;
2.13(3) staffing and salaries for both department divisions and institutions;
2.14(4) the use of private and local institutions to house persons committed to the
2.15commissioner;
2.16(5) the cost of inmate health and dental care;
2.17(6) implementation and use of corrections best practices; and
2.18(7) the challenge incarceration program.

2.19    Sec. 2. Minnesota Statutes 2010, section 241.025, subdivision 2, is amended to read:
2.20    Subd. 2. Limitations. The initial processing of a person arrested by the fugitive
2.21apprehension unit for an offense within the agency's jurisdiction is the responsibility of
2.22the fugitive apprehension unit unless otherwise directed by the law enforcement agency
2.23with primary jurisdiction. A subsequent investigation is the responsibility of the law
2.24enforcement agency of the jurisdiction in which a new crime is committed. The fugitive
2.25apprehension unit members are not authorized to apply for a search warrant as prescribed
2.26in section 626.05.

2.27    Sec. 3. Minnesota Statutes 2010, section 244.17, subdivision 3, is amended to read:
2.28    Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
2.29placed in the challenge incarceration program:
2.30(1) offenders who are committed to the commissioner's custody or any state or
2.31federal prison following a conviction for murder, manslaughter, criminal sexual conduct,
2.32assault, kidnapping, robbery, arson, drive-by shooting, criminal vehicular homicide or
2.33operation, or any other offense that includes characteristics involving death or intentional
3.1personal injury great bodily harm to the victim or victims as defined under section 609.02,
3.2or discharge of a firearm;
3.3(2) offenders who were convicted within the preceding ten years of an offense
3.4described in clause (1) and were committed to the custody of the commissioner released
3.5from the commissioner's custody or the custody of a state or federal prison unless five
3.6years have elapsed from the date of discharge or expiration of the sentence for an offense
3.7described under clause (1);
3.8(3) offenders who have been convicted or adjudicated delinquent within the past five
3.9years for a violation of section 609.485;
3.10(4) offenders who are committed to the commissioner's custody for an offense that
3.11requires required to complete predatory offender registration under section 243.166;
3.12(5) offenders who have been reviewed by the commissioner and referred to the
3.13county for review for civil commitment as a sexual psychopathic personality, a sexually
3.14dangerous person, mentally ill, or mentally ill and dangerous to the public;
3.15(5) (6) offenders who are the subject of a current arrest warrant or detainer;
3.16(6) (7) offenders who have fewer than 180 days remaining until their supervised
3.17release date;
3.18(7) (8) offenders who have had disciplinary confinement time added to their sentence
3.19institution discipline resulting in extended incarceration or who have been placed in
3.20segregation, unless 90 days have elapsed from the imposition of the additional disciplinary
3.21confinement time extended incarceration or the last day of segregation;
3.22(8) (9) offenders who have received a suspended formal disciplinary sanction, unless
3.23the suspension or imposed formal loss of privileges sanction until the sanction has expired;
3.24(9) (10) offenders whose governing sentence is for an offense from another state
3.25or the United States; and
3.26(10) (11) offenders who have a medical condition included on the list of ineligible
3.27conditions described in paragraph (b).
3.28(b) The commissioner of corrections shall develop a list of medical conditions that
3.29will disqualify an offender from participating in the challenge incarceration program.
3.30The commissioner shall submit the list and any changes to it to the chairs and ranking
3.31minority members of the senate and house committees having jurisdiction over criminal
3.32justice policy and funding.

3.33    Sec. 4. Minnesota Statutes 2010, section 253B.18, subdivision 5a, is amended to read:
3.34    Subd. 5a. Victim notification of petition and release; right to submit statement.
3.35    (a) As used in this subdivision:
4.1    (1) "crime" has the meaning given to "violent crime" in section 609.1095, and
4.2includes criminal sexual conduct in the fifth degree and offenses within the definition of
4.3"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
4.4listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
4.5sexually motivated;
4.6    (2) "victim" means a person who has incurred loss or harm as a result of a crime
4.7the behavior for which forms the basis for a commitment under this section or section
4.8253B.185 ; and
4.9    (3) "convicted" and "conviction" have the meanings given in section 609.02,
4.10subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
4.11Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
4.12and findings in commitment cases under this section or section 253B.185 that an act or
4.13acts constituting a crime occurred.
4.14    (b) A county attorney who files a petition to commit a person under this section
4.15or section 253B.185 shall make a reasonable effort to provide prompt notice of filing
4.16the petition to any victim of a crime for which the person was convicted. In addition,
4.17the county attorney shall make a reasonable effort to promptly notify the victim of the
4.18resolution of the petition.
4.19    (c) Before provisionally discharging, discharging, granting pass-eligible status,
4.20approving a pass plan, or otherwise permanently or temporarily releasing a person
4.21committed under this section from a treatment facility, the head of the treatment facility
4.22shall make a reasonable effort to notify any victim of a crime for which the person was
4.23convicted that the person may be discharged or released and that the victim has a right
4.24to submit a written statement regarding decisions of the medical director, special review
4.25board, or commissioner with respect to the person. To the extent possible, the notice
4.26must be provided at least 14 days before any special review board hearing or before
4.27a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
4.28commissioner shall provide the judicial appeal panel with victim information in order to
4.29comply with the provisions of this section. The judicial appeal panel shall ensure that the
4.30data on victims remains private as provided for in section 611A.06, subdivision 4.
4.31    (d) This subdivision applies only to victims who have requested notification through
4.32the Department of Corrections electronic victim notification system, or by contacting, in
4.33writing, the county attorney in the county where the conviction for the crime occurred.
4.34A request for notice under this subdivision received by the commissioner of corrections
4.35through the Department of Corrections electronic victim notification system shall be
4.36promptly forwarded to the prosecutorial authority with jurisdiction over the offense to
5.1which the notice relates or, following commitment, the head of the treatment facility. A
5.2county attorney who receives a request for notification under this paragraph following
5.3commitment shall promptly forward the request to the commissioner of human services.
5.4    (e) The rights under this subdivision are in addition to rights available to a victim
5.5under chapter 611A. This provision does not give a victim all the rights of a "notified
5.6person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
5.7253B.185, subdivision 10 .

5.8    Sec. 5. Minnesota Statutes 2010, section 253B.185, subdivision 10, is amended to read:
5.9    Subd. 10. Victim notification of petition and release; right to submit statement.
5.10(a) As used in this subdivision:
5.11(1) "crime" has the meaning given to "violent crime" in section 609.1095, and
5.12includes criminal sexual conduct in the fifth degree and offenses within the definition of
5.13"crime against the person" in section 253B.02, subdivision 4a, and also includes offenses
5.14listed in section 253B.02, subdivision 7a, paragraph (b), regardless of whether they are
5.15sexually motivated;
5.16(2) "victim" means a person who has incurred loss or harm as a result of a crime,
5.17the behavior for which forms the basis for a commitment under this section or section
5.18253B.18; and
5.19(3) "convicted" and "conviction" have the meanings given in section 609.02,
5.20subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
5.21Rules of Criminal Procedure, rule 20.02, that the elements of a crime have been proved,
5.22and findings in commitment cases under this section or section 253B.18, that an act or
5.23acts constituting a crime occurred.
5.24(b) A county attorney who files a petition to commit a person under this section shall
5.25make a reasonable effort to provide prompt notice of filing the petition to any victim of a
5.26crime for which the person was convicted. In addition, the county attorney shall make a
5.27reasonable effort to promptly notify the victim of the resolution of the petition.
5.28(c) Before provisionally discharging, discharging, granting pass-eligible status,
5.29approving a pass plan, or otherwise permanently or temporarily releasing a person
5.30committed under this section from a treatment facility, the head of the treatment facility
5.31shall make a reasonable effort to notify any victim of a crime for which the person was
5.32convicted that the person may be discharged or released and that the victim has a right
5.33to submit a written statement regarding decisions of the head of the treatment facility or
5.34designee, or special review board, with respect to the person. To the extent possible, the
5.35notice must be provided at least 14 days before any special review board hearing or before
6.1a determination on a pass plan. Notwithstanding section 611A.06, subdivision 4, the
6.2commissioner shall provide the judicial appeal panel with victim information in order to
6.3comply with the provisions of this section. The judicial appeal panel shall ensure that the
6.4data on victims remains private as provided for in section 611A.06, subdivision 4.
6.5(d) This subdivision applies only to victims who have requested notification through
6.6the Department of Corrections electronic victim notification system, or by contacting, in
6.7writing, the county attorney in the county where the conviction for the crime occurred or
6.8where the civil commitment was filed or, following commitment, the head of the treatment
6.9facility. A request for notice under this subdivision received by the commissioner of
6.10corrections through the Department of Corrections electronic victim notification system
6.11shall be promptly forwarded to the prosecutorial authority with jurisdiction over the
6.12offense to which the notice relates or, following commitment, the head of the treatment
6.13facility. A county attorney who receives a request for notification under this paragraph
6.14following commitment shall promptly forward the request to the commissioner of human
6.15services.
6.16(e) Rights under this subdivision are in addition to rights available to a victim under
6.17chapter 611A. This provision does not give a victim all the rights of a "notified person"
6.18or a person "entitled to statutory notice" under subdivision 12 or 13 or section 253B.18,
6.19subdivision 4a, 4b, or 5 .

6.20    Sec. 6. Minnesota Statutes 2010, section 611A.06, subdivision 1, is amended to read:
6.21    Subdivision 1. Notice of release required. The commissioner of corrections or
6.22other custodial authority shall make a good faith effort to notify the victim that the
6.23offender is to be released from imprisonment or incarceration, including release on
6.24extended furlough and for work release; released from a juvenile correctional facility;
6.25released from a facility in which the offender was confined due to incompetency, mental
6.26illness, or mental deficiency, or commitment under section 253B.18 or 253B.185; or if
6.27the offender's custody status is reduced, if the victim has mailed to the commissioner of
6.28corrections or to the head of the facility in which the offender is confined a written request
6.29for this notice, or the victim has made a request for this notice to the commissioner of
6.30corrections through the Department of Corrections electronic victim notification system.
6.31The good faith effort to notify the victim must occur prior to the offender's release or when
6.32the offender's custody status is reduced. For a victim of a felony crime against the person
6.33for which the offender was sentenced to imprisonment for more than 18 months, the good
6.34faith effort to notify the victim must occur 60 days before the offender's release.

7.1    Sec. 7. Minnesota Statutes 2010, section 611A.06, subdivision 2, is amended to read:
7.2    Subd. 2. Contents of notice. The notice given to a victim of a crime against a
7.3person must include the conditions governing the offender's release, and either the identity
7.4of the corrections agent who will be supervising the offender's release or a means to
7.5identify the court services agency that will be supervising the offender's release. The
7.6commissioner or other custodial authority complies with this section upon mailing the
7.7notice of impending release to the victim at the address which the victim has most recently
7.8provided to the commissioner or authority in writing, or by providing electronic notice to
7.9the victim who requested this notice through the Department of Corrections electronic
7.10victim notification system.

7.11    Sec. 8. Minnesota Statutes 2010, section 626.05, subdivision 2, is amended to read:
7.12    Subd. 2. Peace officer. The term "peace officer," as used in sections 626.04 to
7.13626.17 , means a person who is licensed as a peace officer in accordance with section
7.14626.84, subdivision 1 , and who serves as a sheriff, deputy sheriff, police officer,
7.15conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
7.16Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
7.17Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive
7.18Apprehension Unit member, or State Patrol trooper as authorized by section 299D.03."
7.19Amend the title accordingly