Bill Text: MN HF2415 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Fugitive apprehension unit authorized to apply for search warrants, commissioner directed to implement a gardening program at state correctional facilities, selection criteria narrowed for challenge incarceration program, and victim notification permitted to include electronic and written notification.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-03-29 - HF indefinitely postponed [HF2415 Detail]
Download: Minnesota-2011-HF2415-Engrossed.html
1.2relating to public safety; authorizing fugitive apprehension unit to apply for
1.3search warrants; directing commissioner of corrections to implement a gardening
1.4program at state correctional facilities; narrowing selection criteria for challenge
1.5incarceration program; permitting victim notification to include electronic
1.6and written notification; adding information to a report; eliminating a report;
1.7amending Minnesota Statutes 2010, sections 241.016, subdivision 1; 241.025,
1.8subdivision 2; 244.17, subdivision 3; 253B.18, subdivision 5a; 253B.185,
1.9subdivision 10; 611A.06, subdivisions 1, 2; 626.05, subdivision 2; proposing
1.10coding for new law in Minnesota Statutes, chapter 241.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 241.016, subdivision 1, is amended to read:
1.13 Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
1.14performance report to the chairs and ranking minority members of the senate and house
1.15of representatives committees and divisions having jurisdiction over criminal justice
1.16funding by January 15 of each odd-numbered year. The issuance and content of the report
1.17must include the following:
1.18 (1) department strategic mission, goals, and objectives;
1.19 (2) the department-wide per diem, adult facility-specific per diems, and an average
1.20per diem, reported in a standard calculated method as outlined in the departmental policies
1.21and procedures;
1.22 (3) department annual statistics as outlined in the departmental policies and
1.23procedures; and
1.24 (4) information about prison-based mental health programs, including, but not
1.25limited to, the availability of these programs, participation rates, and completion rates.
1.26 (b) The department shall maintain recidivism rates for adult facilities on an annual
1.27basis. In addition, each year the department shall, on an alternating basis, complete a
2.1recidivism analysis of adult facilities, juvenile services, and the community services
2.2divisions and include a three-year recidivism analysis in the report described in paragraph
2.3(a). The recidivism analysis must: (1) assess education programs, vocational programs,
2.4treatment programs, including mental health programs, industry, and employment; and (2)
2.5assess statewide re-entry policies and funding, including postrelease treatment, education,
2.6training, and supervision. In addition, when reporting recidivism for the department's
2.7adult and juvenile facilities, the department shall report on the extent to which offenders it
2.8has assessed as chemically dependent commit new offenses, with separate recidivism rates
2.9reported for persons completing and not completing the department's treatment programs.
2.10(c) By August 31 of each odd-numbered year, the commissioner must present to the
2.11individuals identified in paragraph (a) a report that lists and describes the performance
2.12measures and targets the department will include in the biennial performance report. The
2.13measures and targets must include a budget target for the next two years and a history of
2.14the department's performance for the previous five years. At a minimum, the report must
2.15include measures and targets for the data and information identified in paragraphs (a) and
2.16(b) regarding per diem, statistics, inmate programming, and recidivism, and the following:
2.17(1) average statutory per diem for adult offenders, female offenders, and juvenile
2.18offenders;
2.19(2) the Department of Corrections field services;
2.20(3) staffing and salaries for both department divisions and institutions;
2.21(4) the use of private and local institutions to house persons committed to the
2.22commissioner;
2.23(5) the cost of inmate health and dental care;
2.24(6) implementation and use of corrections best practices; and
2.25(7) the challenge incarceration program.
2.26 Sec. 2. Minnesota Statutes 2010, section 241.025, subdivision 2, is amended to read:
2.27 Subd. 2. Limitations. The initial processing of a person arrested by the fugitive
2.28apprehension unit for an offense within the agency's jurisdiction is the responsibility of
2.29the fugitive apprehension unit unless otherwise directed by the law enforcement agency
2.30with primary jurisdiction. A subsequent investigation is the responsibility of the law
2.31enforcement agency of the jurisdiction in which a new crime is committed.The fugitive
2.32apprehension unit members are not authorized to apply for a search warrant as prescribed
2.33in section
626.05.
2.34 Sec. 3. [241.241] PRISON GARDENING PROGRAM.
3.1 Subdivision 1. Establishment. The commissioner shall establish a gardening
3.2program for inmates at each correctional facility where space and security allows for
3.3operation of a garden. The garden shall be primarily tended by inmates. The commissioner
3.4shall strive to raise produce that can be used to feed inmates in state correctional facilities.
3.5The commissioner shall donate any portion of the harvest that cannot be used to feed
3.6inmates to food shelves and charities located near the correctional facility where the
3.7produce was grown.
3.8 Subd. 2. Report. The commissioner shall include the following information in the
3.9annual report to the legislature required under section 241.016:
3.10(1) the type and amount of produce raised in the gardening program;
3.11(2) the amount of the harvest used to feed inmates and the amount used for other
3.12purposes;
3.13(3) the amount of inmate time dedicated to the gardening program;
3.14(4) the cost savings to the department from using prison-grown food to feed inmates;
3.15and
3.16(5) the cost of operating the program.
3.17EFFECTIVE DATE.This section is effective January 1, 2012.
3.18 Sec. 4. Minnesota Statutes 2010, section 244.17, subdivision 3, is amended to read:
3.19 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
3.20placed in the challenge incarceration program:
3.21(1) offenders who are committed to the commissioner's custody or any state or
3.22federal prison following a conviction for murder, manslaughter, criminal sexual conduct,
3.23assault, kidnapping, robbery, arson, drive-by shooting, criminal vehicular homicide or
3.24operation, or any other offense that includes characteristics involving death orintentional
3.25personal injury great bodily harm to the victim or victims as defined under section 609.02,
3.26or discharge of a firearm;
3.27(2) offenders who wereconvicted within the preceding ten years of an offense
3.28described in clause (1) and were committed to the custody of the commissioner released
3.29from the commissioner's custody or the custody of a state or federal prison unless five
3.30years have elapsed from the date of discharge or expiration of the sentence for an offense
3.31described under clause (1);
3.32(3) offenders who have been convicted or adjudicated delinquent within the past five
3.33years for a violation of section609.485 ;
3.34(4) offenders who arecommitted to the commissioner's custody for an offense that
3.35requires required to complete predatory offender registration under section
243.166 ;
4.1(5) offenders who have been reviewed by the commissioner and referred to the
4.2county for review for civil commitment as a sexual psychopathic personality, a sexually
4.3dangerous person, mentally ill, or mentally ill and dangerous to the public;
4.4(5) (6) offenders who are the subject of a current arrest warrant or detainer;
4.5(6) (7) offenders who have fewer than 180 days remaining until their supervised
4.6release date;
4.7(7) (8) offenders who have had disciplinary confinement time added to their sentence
4.8institution discipline resulting in extended incarceration or who have been placed in
4.9segregation, unless 90 days have elapsed from the imposition of theadditional disciplinary
4.10confinement time extended incarceration or the last day of segregation;
4.11(8) (9) offenders who have received a suspended formal disciplinary sanction, unless
4.12the suspension or imposed formal loss of privileges sanction until the sanction has expired;
4.13(9) (10) offenders whose governing sentence is for an offense from another state
4.14or the United States; and
4.15(10) (11) offenders who have a medical condition included on the list of ineligible
4.16conditions described in paragraph (b).
4.17(b) The commissioner of corrections shall develop a list of medical conditions that
4.18will disqualify an offender from participating in the challenge incarceration program.
4.19The commissioner shall submit the list and any changes to it to the chairs and ranking
4.20minority members of the senate and house committees having jurisdiction over criminal
4.21justice policy and funding.
4.22 Sec. 5. Minnesota Statutes 2010, section 253B.18, subdivision 5a, is amended to read:
4.23 Subd. 5a. Victim notification of petition and release; right to submit statement.
4.24 (a) As used in this subdivision:
4.25 (1) "crime" has the meaning given to "violent crime" in section609.1095 , and
4.26includes criminal sexual conduct in the fifth degree and offenses within the definition of
4.27"crime against the person" in section253B.02, subdivision 4a , and also includes offenses
4.28listed in section253B.02, subdivision 7a , paragraph (b), regardless of whether they are
4.29sexually motivated;
4.30 (2) "victim" means a person who has incurred loss or harm as a result of a crime
4.31the behavior for which forms the basis for a commitment under this section or section
4.32253B.185
; and
4.33 (3) "convicted" and "conviction" have the meanings given in section609.02,
4.34subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
4.35Rules of Criminal Procedure, rule20.02 , that the elements of a crime have been proved,
5.1and findings in commitment cases under this section or section253B.185 that an act or
5.2acts constituting a crime occurred.
5.3 (b) A county attorney who files a petition to commit a person under this section
5.4or section253B.185 shall make a reasonable effort to provide prompt notice of filing
5.5the petition to any victim of a crime for which the person was convicted. In addition,
5.6the county attorney shall make a reasonable effort to promptly notify the victim of the
5.7resolution of the petition.
5.8 (c) Before provisionally discharging, discharging, granting pass-eligible status,
5.9approving a pass plan, or otherwise permanently or temporarily releasing a person
5.10committed under this section from a treatment facility, the head of the treatment facility
5.11shall make a reasonable effort to notify any victim of a crime for which the person was
5.12convicted that the person may be discharged or released and that the victim has a right
5.13to submit a written statement regarding decisions of the medical director, special review
5.14board, or commissioner with respect to the person. To the extent possible, the notice
5.15must be provided at least 14 days before any special review board hearing or before
5.16a determination on a pass plan. Notwithstanding section611A.06, subdivision 4 , the
5.17commissioner shall provide the judicial appeal panel with victim information in order to
5.18comply with the provisions of this section. The judicial appeal panel shall ensure that the
5.19data on victims remains private as provided for in section611A.06, subdivision 4 .
5.20 (d) This subdivision applies only to victims who have requested notification through
5.21the Department of Corrections electronic victim notification system, or by contacting, in
5.22writing, the county attorney in the county where the conviction for the crime occurred.
5.23A request for notice under this subdivision received by the commissioner of corrections
5.24through the Department of Corrections electronic victim notification system shall be
5.25promptly forwarded to the prosecutorial authority with jurisdiction over the offense to
5.26which the notice relates or, following commitment, the head of the treatment facility. A
5.27county attorney who receives a request for notification under this paragraph following
5.28commitment shall promptly forward the request to the commissioner of human services.
5.29 (e) The rights under this subdivision are in addition to rights available to a victim
5.30under chapter 611A. This provision does not give a victim all the rights of a "notified
5.31person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
5.32253B.185, subdivision 10
.
5.33 Sec. 6. Minnesota Statutes 2010, section 253B.185, subdivision 10, is amended to read:
5.34 Subd. 10. Victim notification of petition and release; right to submit statement.
5.35(a) As used in this subdivision:
6.1(1) "crime" has the meaning given to "violent crime" in section609.1095 , and
6.2includes criminal sexual conduct in the fifth degree and offenses within the definition of
6.3"crime against the person" in section253B.02, subdivision 4a , and also includes offenses
6.4listed in section253B.02, subdivision 7a, paragraph (b) , regardless of whether they are
6.5sexually motivated;
6.6(2) "victim" means a person who has incurred loss or harm as a result of a crime,
6.7the behavior for which forms the basis for a commitment under this section or section
6.8253B.18
; and
6.9(3) "convicted" and "conviction" have the meanings given in section609.02,
6.10subdivision 5 , and also include juvenile court adjudications, findings under Minnesota
6.11Rules of Criminal Procedure, rule20.02 , that the elements of a crime have been proved,
6.12and findings in commitment cases under this section or section253B.18 , that an act or
6.13acts constituting a crime occurred.
6.14(b) A county attorney who files a petition to commit a person under this section shall
6.15make a reasonable effort to provide prompt notice of filing the petition to any victim of a
6.16crime for which the person was convicted. In addition, the county attorney shall make a
6.17reasonable effort to promptly notify the victim of the resolution of the petition.
6.18(c) Before provisionally discharging, discharging, granting pass-eligible status,
6.19approving a pass plan, or otherwise permanently or temporarily releasing a person
6.20committed under this section from a treatment facility, the head of the treatment facility
6.21shall make a reasonable effort to notify any victim of a crime for which the person was
6.22convicted that the person may be discharged or released and that the victim has a right
6.23to submit a written statement regarding decisions of the head of the treatment facility or
6.24designee, or special review board, with respect to the person. To the extent possible, the
6.25notice must be provided at least 14 days before any special review board hearing or before
6.26a determination on a pass plan. Notwithstanding section611A.06, subdivision 4 , the
6.27commissioner shall provide the judicial appeal panel with victim information in order to
6.28comply with the provisions of this section. The judicial appeal panel shall ensure that the
6.29data on victims remains private as provided for in section611A.06, subdivision 4 .
6.30(d) This subdivision applies only to victims who have requested notification through
6.31the Department of Corrections electronic victim notification system, or by contacting, in
6.32writing, the county attorney in the county where the conviction for the crime occurred or
6.33where the civil commitment was filed or, following commitment, the head of the treatment
6.34facility. A request for notice under this subdivision received by the commissioner of
6.35corrections through the Department of Corrections electronic victim notification system
6.36shall be promptly forwarded to the prosecutorial authority with jurisdiction over the
7.1offense to which the notice relates or, following commitment, the head of the treatment
7.2facility. A county attorney who receives a request for notification under this paragraph
7.3following commitment shall promptly forward the request to the commissioner of human
7.4services.
7.5(e) Rights under this subdivision are in addition to rights available to a victim under
7.6chapter 611A. This provision does not give a victim all the rights of a "notified person"
7.7or a person "entitled to statutory notice" under subdivision 12 or 13 or section253B.18,
7.8subdivision 4a, 4b, or 5 .
7.9 Sec. 7. Minnesota Statutes 2010, section 611A.06, subdivision 1, is amended to read:
7.10 Subdivision 1. Notice of release required. The commissioner of corrections or
7.11other custodial authority shall make a good faith effort to notify the victim that the
7.12offender is to be released from imprisonment or incarceration, including release on
7.13extended furlough and for work release; released from a juvenile correctional facility;
7.14released from a facility in which the offender was confined due to incompetency, mental
7.15illness, or mental deficiency, or commitment under section253B.18 or
253B.185 ; or if
7.16the offender's custody status is reduced, if the victim has mailed to the commissioner of
7.17corrections or to the head of the facility in which the offender is confined a written request
7.18for this notice, or the victim has made a request for this notice to the commissioner of
7.19corrections through the Department of Corrections electronic victim notification system.
7.20The good faith effort to notify the victim must occur prior to the offender's release or when
7.21the offender's custody status is reduced. For a victim of a felony crime against the person
7.22for which the offender was sentenced to imprisonment for more than 18 months, the good
7.23faith effort to notify the victim must occur 60 days before the offender's release.
7.24 Sec. 8. Minnesota Statutes 2010, section 611A.06, subdivision 2, is amended to read:
7.25 Subd. 2. Contents of notice. The notice given to a victim of a crime against a
7.26person must include the conditions governing the offender's release, and either the identity
7.27of the corrections agent who will be supervising the offender's release or a means to
7.28identify the court services agency that will be supervising the offender's release. The
7.29commissioner or other custodial authority complies with this section upon mailing the
7.30notice of impending release to the victim at the address which the victim has most recently
7.31provided to the commissioner or authority in writing, or by providing electronic notice to
7.32the victim who requested this notice through the Department of Corrections electronic
7.33victim notification system.
8.1 Sec. 9. Minnesota Statutes 2010, section 626.05, subdivision 2, is amended to read:
8.2 Subd. 2. Peace officer. The term "peace officer," as used in sections626.04 to
8.3626.17
, means a person who is licensed as a peace officer in accordance with section
8.4626.84, subdivision 1
, and who serves as a sheriff, deputy sheriff, police officer,
8.5conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
8.6Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
8.7Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive
8.8Apprehension Unit member, or State Patrol trooper as authorized by section299D.03 .
1.3search warrants; directing commissioner of corrections to implement a gardening
1.4program at state correctional facilities; narrowing selection criteria for challenge
1.5incarceration program; permitting victim notification to include electronic
1.6and written notification; adding information to a report; eliminating a report;
1.7amending Minnesota Statutes 2010, sections 241.016, subdivision 1; 241.025,
1.8subdivision 2; 244.17, subdivision 3; 253B.18, subdivision 5a; 253B.185,
1.9subdivision 10; 611A.06, subdivisions 1, 2; 626.05, subdivision 2; proposing
1.10coding for new law in Minnesota Statutes, chapter 241.
1.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.12 Section 1. Minnesota Statutes 2010, section 241.016, subdivision 1, is amended to read:
1.13 Subdivision 1. Biennial report. (a) The Department of Corrections shall submit a
1.14performance report to the chairs and ranking minority members of the senate and house
1.15of representatives committees and divisions having jurisdiction over criminal justice
1.16funding by January 15 of each odd-numbered year. The issuance and content of the report
1.17must include the following:
1.18 (1) department strategic mission, goals, and objectives;
1.19 (2) the department-wide per diem, adult facility-specific per diems, and an average
1.20per diem, reported in a standard calculated method as outlined in the departmental policies
1.21and procedures;
1.22 (3) department annual statistics as outlined in the departmental policies and
1.23procedures; and
1.24 (4) information about prison-based mental health programs, including, but not
1.25limited to, the availability of these programs, participation rates, and completion rates.
1.26 (b) The department shall maintain recidivism rates for adult facilities on an annual
1.27basis. In addition, each year the department shall, on an alternating basis, complete a
2.1recidivism analysis of adult facilities, juvenile services, and the community services
2.2divisions and include a three-year recidivism analysis in the report described in paragraph
2.3(a). The recidivism analysis must: (1) assess education programs, vocational programs,
2.4treatment programs, including mental health programs, industry, and employment; and (2)
2.5assess statewide re-entry policies and funding, including postrelease treatment, education,
2.6training, and supervision. In addition, when reporting recidivism for the department's
2.7adult and juvenile facilities, the department shall report on the extent to which offenders it
2.8has assessed as chemically dependent commit new offenses, with separate recidivism rates
2.9reported for persons completing and not completing the department's treatment programs.
2.10
2.11
2.12
2.13
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26 Sec. 2. Minnesota Statutes 2010, section 241.025, subdivision 2, is amended to read:
2.27 Subd. 2. Limitations. The initial processing of a person arrested by the fugitive
2.28apprehension unit for an offense within the agency's jurisdiction is the responsibility of
2.29the fugitive apprehension unit unless otherwise directed by the law enforcement agency
2.30with primary jurisdiction. A subsequent investigation is the responsibility of the law
2.31enforcement agency of the jurisdiction in which a new crime is committed.
2.32
2.33
2.34 Sec. 3. [241.241] PRISON GARDENING PROGRAM.
3.1 Subdivision 1. Establishment. The commissioner shall establish a gardening
3.2program for inmates at each correctional facility where space and security allows for
3.3operation of a garden. The garden shall be primarily tended by inmates. The commissioner
3.4shall strive to raise produce that can be used to feed inmates in state correctional facilities.
3.5The commissioner shall donate any portion of the harvest that cannot be used to feed
3.6inmates to food shelves and charities located near the correctional facility where the
3.7produce was grown.
3.8 Subd. 2. Report. The commissioner shall include the following information in the
3.9annual report to the legislature required under section 241.016:
3.10(1) the type and amount of produce raised in the gardening program;
3.11(2) the amount of the harvest used to feed inmates and the amount used for other
3.12purposes;
3.13(3) the amount of inmate time dedicated to the gardening program;
3.14(4) the cost savings to the department from using prison-grown food to feed inmates;
3.15and
3.16(5) the cost of operating the program.
3.17EFFECTIVE DATE.This section is effective January 1, 2012.
3.18 Sec. 4. Minnesota Statutes 2010, section 244.17, subdivision 3, is amended to read:
3.19 Subd. 3. Offenders not eligible. (a) The following offenders are not eligible to be
3.20placed in the challenge incarceration program:
3.21(1) offenders who are committed to the commissioner's custody or any state or
3.22federal prison following a conviction for murder, manslaughter, criminal sexual conduct,
3.23assault, kidnapping, robbery, arson, drive-by shooting, criminal vehicular homicide or
3.24operation, or any other offense that includes characteristics involving death or
3.25
3.26or discharge of a firearm;
3.27(2) offenders who were
3.28
3.29from the commissioner's custody or the custody of a state or federal prison unless five
3.30years have elapsed from the date of discharge or expiration of the sentence for an offense
3.31described under clause (1);
3.32(3) offenders who have been convicted or adjudicated delinquent within the past five
3.33years for a violation of section
3.34(4) offenders who are
3.35
4.1(5) offenders who have been reviewed by the commissioner and referred to the
4.2county for review for civil commitment as a sexual psychopathic personality, a sexually
4.3dangerous person, mentally ill, or mentally ill and dangerous to the public;
4.4
4.5
4.6release date;
4.7
4.8institution discipline resulting in extended incarceration or who have been placed in
4.9segregation, unless 90 days have elapsed from the imposition of the
4.10
4.11
4.12
4.13
4.14or the United States; and
4.15
4.16conditions described in paragraph (b).
4.17(b) The commissioner of corrections shall develop a list of medical conditions that
4.18will disqualify an offender from participating in the challenge incarceration program.
4.19The commissioner shall submit the list and any changes to it to the chairs and ranking
4.20minority members of the senate and house committees having jurisdiction over criminal
4.21justice policy and funding.
4.22 Sec. 5. Minnesota Statutes 2010, section 253B.18, subdivision 5a, is amended to read:
4.23 Subd. 5a. Victim notification of petition and release; right to submit statement.
4.24 (a) As used in this subdivision:
4.25 (1) "crime" has the meaning given to "violent crime" in section
4.26includes criminal sexual conduct in the fifth degree and offenses within the definition of
4.27"crime against the person" in section
4.28listed in section
4.29sexually motivated;
4.30 (2) "victim" means a person who has incurred loss or harm as a result of a crime
4.31the behavior for which forms the basis for a commitment under this section or section
4.33 (3) "convicted" and "conviction" have the meanings given in section
4.34subdivision 5
4.35Rules of Criminal Procedure, rule
5.1and findings in commitment cases under this section or section
5.2acts constituting a crime occurred.
5.3 (b) A county attorney who files a petition to commit a person under this section
5.4or section
5.5the petition to any victim of a crime for which the person was convicted. In addition,
5.6the county attorney shall make a reasonable effort to promptly notify the victim of the
5.7resolution of the petition.
5.8 (c) Before provisionally discharging, discharging, granting pass-eligible status,
5.9approving a pass plan, or otherwise permanently or temporarily releasing a person
5.10committed under this section from a treatment facility, the head of the treatment facility
5.11shall make a reasonable effort to notify any victim of a crime for which the person was
5.12convicted that the person may be discharged or released and that the victim has a right
5.13to submit a written statement regarding decisions of the medical director, special review
5.14board, or commissioner with respect to the person. To the extent possible, the notice
5.15must be provided at least 14 days before any special review board hearing or before
5.16a determination on a pass plan. Notwithstanding section
5.17commissioner shall provide the judicial appeal panel with victim information in order to
5.18comply with the provisions of this section. The judicial appeal panel shall ensure that the
5.19data on victims remains private as provided for in section
5.20 (d) This subdivision applies only to victims who have requested notification through
5.21the Department of Corrections electronic victim notification system, or by contacting, in
5.22writing, the county attorney in the county where the conviction for the crime occurred.
5.23A request for notice under this subdivision received by the commissioner of corrections
5.24through the Department of Corrections electronic victim notification system shall be
5.25promptly forwarded to the prosecutorial authority with jurisdiction over the offense to
5.26which the notice relates or, following commitment, the head of the treatment facility. A
5.27county attorney who receives a request for notification under this paragraph following
5.28commitment shall promptly forward the request to the commissioner of human services.
5.29 (e) The rights under this subdivision are in addition to rights available to a victim
5.30under chapter 611A. This provision does not give a victim all the rights of a "notified
5.31person" or a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section
5.33 Sec. 6. Minnesota Statutes 2010, section 253B.185, subdivision 10, is amended to read:
5.34 Subd. 10. Victim notification of petition and release; right to submit statement.
5.35(a) As used in this subdivision:
6.1(1) "crime" has the meaning given to "violent crime" in section
6.2includes criminal sexual conduct in the fifth degree and offenses within the definition of
6.3"crime against the person" in section
6.4listed in section
6.5sexually motivated;
6.6(2) "victim" means a person who has incurred loss or harm as a result of a crime,
6.7the behavior for which forms the basis for a commitment under this section or section
6.9(3) "convicted" and "conviction" have the meanings given in section
6.10subdivision 5
6.11Rules of Criminal Procedure, rule
6.12and findings in commitment cases under this section or section
6.13acts constituting a crime occurred.
6.14(b) A county attorney who files a petition to commit a person under this section shall
6.15make a reasonable effort to provide prompt notice of filing the petition to any victim of a
6.16crime for which the person was convicted. In addition, the county attorney shall make a
6.17reasonable effort to promptly notify the victim of the resolution of the petition.
6.18(c) Before provisionally discharging, discharging, granting pass-eligible status,
6.19approving a pass plan, or otherwise permanently or temporarily releasing a person
6.20committed under this section from a treatment facility, the head of the treatment facility
6.21shall make a reasonable effort to notify any victim of a crime for which the person was
6.22convicted that the person may be discharged or released and that the victim has a right
6.23to submit a written statement regarding decisions of the head of the treatment facility or
6.24designee, or special review board, with respect to the person. To the extent possible, the
6.25notice must be provided at least 14 days before any special review board hearing or before
6.26a determination on a pass plan. Notwithstanding section
6.27commissioner shall provide the judicial appeal panel with victim information in order to
6.28comply with the provisions of this section. The judicial appeal panel shall ensure that the
6.29data on victims remains private as provided for in section
6.30(d) This subdivision applies only to victims who have requested notification through
6.31the Department of Corrections electronic victim notification system, or by contacting, in
6.32writing, the county attorney in the county where the conviction for the crime occurred or
6.33where the civil commitment was filed or, following commitment, the head of the treatment
6.34facility. A request for notice under this subdivision received by the commissioner of
6.35corrections through the Department of Corrections electronic victim notification system
6.36shall be promptly forwarded to the prosecutorial authority with jurisdiction over the
7.1offense to which the notice relates or, following commitment, the head of the treatment
7.2facility. A county attorney who receives a request for notification under this paragraph
7.3following commitment shall promptly forward the request to the commissioner of human
7.4services.
7.5(e) Rights under this subdivision are in addition to rights available to a victim under
7.6chapter 611A. This provision does not give a victim all the rights of a "notified person"
7.7or a person "entitled to statutory notice" under subdivision 12 or 13 or section
7.8subdivision 4a, 4b, or 5
7.9 Sec. 7. Minnesota Statutes 2010, section 611A.06, subdivision 1, is amended to read:
7.10 Subdivision 1. Notice of release required. The commissioner of corrections or
7.11other custodial authority shall make a good faith effort to notify the victim that the
7.12offender is to be released from imprisonment or incarceration, including release on
7.13extended furlough and for work release; released from a juvenile correctional facility;
7.14released from a facility in which the offender was confined due to incompetency, mental
7.15illness, or mental deficiency, or commitment under section
7.16the offender's custody status is reduced, if the victim has mailed to the commissioner of
7.17corrections or to the head of the facility in which the offender is confined a written request
7.18for this notice, or the victim has made a request for this notice to the commissioner of
7.19corrections through the Department of Corrections electronic victim notification system.
7.20The good faith effort to notify the victim must occur prior to the offender's release or when
7.21the offender's custody status is reduced. For a victim of a felony crime against the person
7.22for which the offender was sentenced to imprisonment for more than 18 months, the good
7.23faith effort to notify the victim must occur 60 days before the offender's release.
7.24 Sec. 8. Minnesota Statutes 2010, section 611A.06, subdivision 2, is amended to read:
7.25 Subd. 2. Contents of notice. The notice given to a victim of a crime against a
7.26person must include the conditions governing the offender's release, and either the identity
7.27of the corrections agent who will be supervising the offender's release or a means to
7.28identify the court services agency that will be supervising the offender's release. The
7.29commissioner or other custodial authority complies with this section upon mailing the
7.30notice of impending release to the victim at the address which the victim has most recently
7.31provided to the commissioner or authority in writing, or by providing electronic notice to
7.32the victim who requested this notice through the Department of Corrections electronic
7.33victim notification system.
8.1 Sec. 9. Minnesota Statutes 2010, section 626.05, subdivision 2, is amended to read:
8.2 Subd. 2. Peace officer. The term "peace officer," as used in sections
8.5conservation officer, agent of the Bureau of Criminal Apprehension, agent of the
8.6Division of Alcohol and Gambling Enforcement, University of Minnesota peace officer,
8.7Metropolitan Transit police officer, Minnesota Department of Corrections Fugitive
8.8Apprehension Unit member, or State Patrol trooper as authorized by section
