Bill Text: MN HF853 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Omnibus public safety and crime prevention bill.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2011-04-04 - Author stricken Gauthier [HF853 Detail]
Download: Minnesota-2011-HF853-Engrossed.html
1.2relating to public safety; requiring inmates to co-pay a set minimum amount
1.3for health care provider visits; reauthorizing certain short-term commitments
1.4to commissioner of corrections be served in county jails; amending human
1.5rights education and program development requirements and certificates of
1.6compliance provisions; providing for indeterminate sentencing for certain
1.7convicted sex offenders; modifying frequency of in-service training in police
1.8pursuits; limiting medical aid payments in county jails; requiring a corrections
1.9reform working group; establishing the Juvenile Justice Reform Advisory Task
1.10Force; establishing the Sex Offender Policy Task Force; acquiring an easement
1.11for the correctional facility in Faribault; revising employment positions covered
1.12by correctional state employees retirement plan; modifying certain correctional
1.13state employee postretirement health insurance coverage; requiring reports;
1.14providing for penalties; appropriating money for public safety, corrections, and
1.15human rights;amending Minnesota Statutes 2010, sections 243.212; 297I.06,
1.16subdivision 3; 352.90; 352.91, subdivisions 1, 3h; 363A.06, subdivision 1;
1.17363A.36, subdivision 1; 609.105, subdivision 1, by adding subdivisions;
1.18626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in
1.19Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections
1.20352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a, 4b; 363A.36, subdivision 5.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.25The amounts shown in this section summarize direct appropriations, by fund, made
1.26in this article.
2.12The sums shown in the columns marked "Appropriations" are appropriated to the
2.13agencies and for the purposes specified in this article. The appropriations are from the
2.14general fund, or another named fund, and are available for the fiscal years indicated
2.15for each purpose. The figures "2012" and "2013" used in this article mean that the
2.16appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.17June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.18year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.19year ending June 30, 2011, are effective the day following final enactment.
2.35The amounts that may be spent for each
2.36purpose are specified in the following
2.37subdivisions.
3.7(a) Disaster Match. $1,226,000 in fiscal year
3.82011 is appropriated from the general fund to
3.9provide a state match for Federal Emergency
3.10Management Agency (FEMA) disaster
3.11assistance to state agencies and political
3.12subdivisions under Minnesota Statutes,
3.13section 12.221, in the area designated
3.14under Presidential Declaration of Major
3.15Disaster, FEMA-1830-DR, for the flooding
3.16in Minnesota in the spring of 2009, whether
3.17included in the original declaration or added
3.18later by federal government action. This is a
3.19onetime appropriation. This appropriation is
3.20available until expended.
3.21(b) Hazmat and Chemical Assessment
3.22Teams. $604,000 each year is appropriated
3.23from the fire safety account in the special
3.24revenue fund. These amounts must be used
3.25to fund the hazardous materials and chemical
3.26assessment teams.
3.34DWI Lab Analysis; Trunk Highway Fund.
3.35Notwithstanding Minnesota Statutes, section
3.36161.20, subdivision 3 , $1,941,000 each year
4.1is appropriated from the trunk highway fund
4.2for laboratory analysis related to driving
4.3while impaired cases.
4.5This appropriation is from the fire safety
4.6account in the special revenue fund and is for
4.7activities under Minnesota Statutes, section
4.8299F.012.
4.14This appropriation is from the alcohol
4.15enforcement account in the special revenue
4.16fund. Of this appropriation, $500,000 each
4.17year shall be transferred to the general fund.
4.18The transfer amount for fiscal year 2014 and
4.19fiscal year 2015 shall be $500,000 per year.
4.26(a) Domestic Abuse Shelters. The
4.27commissioner may not reduce grants to
4.28domestic abuse shelters more than 11 percent
4.29from the base.
4.30(b) Administration Costs. Up to 2.5 percent
4.31of the grant money appropriated in this
4.32subdivision may be used to administer the
4.33grant program.
5.1This appropriation is from the state
5.2government special revenue fund for 911
5.3emergency telecommunications services.
5.4(a) Public Safety Answering Points.
5.5$13,664,000 each year is to be distributed
5.6as provided in Minnesota Statutes, section
5.7403.113, subdivision 2.
5.8(b) Medical Resource Communication
5.9Centers. $683,000 each year is for grants
5.10to the Minnesota Emergency Medical
5.11Services Regulatory Board for the Metro
5.12East and Metro West Medical Resource
5.13Communication Centers that were in
5.14operation before January 1, 2000.
5.15(c) ARMER Debt Service. $23,261,000
5.16each year is to the commissioner of
5.17management and budget to pay debt service
5.18on revenue bonds issued under Minnesota
5.19Statutes, section 403.275.
5.20Any portion of this appropriation not needed
5.21to pay debt service in a fiscal year may be
5.22used by the commissioner of public safety to
5.23pay cash for any of the capital improvements
5.24for which bond proceeds were appropriated
5.25by Laws 2005, chapter 136, article 1, section
5.269, subdivision 8, or Laws 2007, chapter 54,
5.27article 1, section 10, subdivision 8.
5.28(d) Metropolitan Council Debt Service.
5.29$1,410,000 each year is to the commissioner
5.30of management and budget for payment to
5.31the Metropolitan Council for debt service
5.32on bonds issued under Minnesota Statutes,
5.33section 403.27.
5.34(e) ARMER State Backbone Operating
5.35Costs. $8,300,000 the first year and
6.1$8,650,000 the second year are to the
6.2commissioner of transportation for costs
6.3of maintaining and operating the statewide
6.4radio system backbone.
6.5(f) ARMER Improvements. $1,000,000
6.6each year is for the Statewide Radio Board
6.7for costs of design, construction, maintenance
6.8of, and improvements to those elements
6.9of the statewide public safety radio and
6.10communication system that support mutual
6.11aid communications and emergency medical
6.12services or provide enhancement of public
6.13safety communication interoperability.
6.14(g) Transfer. $2,600,000 each year is
6.15transferred to the general fund. This is a
6.16onetime transfer.
6.19(a) Excess Amounts Transferred. This
6.20appropriation is from the peace officer
6.21training account in the special revenue fund.
6.22Any new receipts credited to that account in
6.23the first year in excess of $3,770,000 must be
6.24transferred and credited to the general fund.
6.25Any new receipts credited to that account in
6.26the second year in excess of $3,770,000 must
6.27be transferred and credited to the general
6.28fund.
6.29(b) Peace Officer Training
6.30Reimbursements. $2,634,000 each
6.31year is for reimbursements to local
6.32governments for peace officer training costs.
7.2Mission Priority. The commissioner shall
7.3dedicate the department's appropriation
7.4under this section to enforcement measures.
7.11The amounts that may be spent for each
7.12purpose are specified in the following
7.13subdivisions.
7.19(a) Position Reductions. The commissioner
7.20shall realize the cuts to correctional
7.21institutions by eliminating management
7.22positions within the department's facilities,
7.23particularly duplicate positions. The
7.24commissioner may not eliminate line officer
7.25positions. The commissioner shall focus the
7.26reductions in areas that will not compromise
7.27line officer or public safety.
7.28(b) Inmate Medical Cost Savings; Report.
7.29The commissioner shall reduce the inmate
7.30medical per diem by at least five percent.
7.31By January 15, 2012, the commissioner
7.32shall submit a report to the chairs and
7.33ranking minority members of the house
8.1of representatives and senate committees
8.2with jurisdiction over public safety finance
8.3detailing how the commissioner achieved
8.4the cost savings. If the commissioner fails
8.5to realize five percent savings on inmate
8.6medical costs, the report shall contain a
8.7detailed explanation of why the savings were
8.8not realized.
8.9(c) Juvenile Facilities; Report. By
8.10December 1, 2011, the commissioner of
8.11corrections shall report to the chairs and
8.12ranking minority members of the house of
8.13representatives and senate committees with
8.14jurisdiction over public safety finance on
8.15the continued operation of the department's
8.16two juvenile facilities. In the report, the
8.17commissioner shall evaluate the cost savings
8.18to the department and state of closing one or
8.19both of the facilities. If the commissioner
8.20determines one or both of the facilities
8.21should remain open, the commissioner shall
8.22make recommendations on how to operate
8.23the facilities in the most cost-effective
8.24manner possible. If the commissioner
8.25recommends the closing of one or both of the
8.26juvenile facilities, the report shall contain
8.27recommendations for alternative placements
8.28for juvenile offenders and alternative uses
8.29for the facilities.
8.30(d) Reform Working Group; Report. (1)
8.31The commissioner of corrections shall form a
8.32working group to study the following topics:
8.33(i) adoption of an earned credit program for
8.34inmates in the state correctional facilities
8.35similar to the programs in 36 other states;
9.1(ii) the federal immigration and customs
9.2enforcement rapid REPAT program and the
9.3potential for the state to participate in the
9.4program;
9.5(iii) expanding the use of medical and other
9.6forms of early release; and
9.7(iv) the feasibility of closing a wing or an
9.8entire state facility or leasing vacant prison
9.9space to house inmates from other states.
9.10(2) The working group shall consist of
9.11corrections personnel, the state public
9.12defender, an individual representing victim
9.13services, a representative from the county
9.14attorneys association, a majority and
9.15minority member of the house Public Safety
9.16Committee and a majority and minority
9.17member of the senate Judiciary and Public
9.18Safety Committee, and any other members
9.19that the commissioner deems necessary.
9.20(3) The working group shall issue a report
9.21to the chair and ranking minority member
9.22of the house Public Safety Finance and
9.23Policy Committee and the chair and
9.24ranking minority member of the senate
9.25Judiciary and Public Safety Committee by
9.26January 15, 2012. The report must contain
9.27recommendations for each of the areas
9.28of study under paragraph (1) and specific
9.29recommendations concerning the use of
9.30earned credits for inmates that address:
9.31(i) the feasibility of an earned credit policy;
9.32(ii) the type and amount of earned credit that
9.33could be offered;
10.1(iii) the type of inmates to include and
10.2exclude from an earned credit program; and
10.3(iv) any potential cost savings that would
10.4result from issuing earned credit.
10.10Probation Revocation Reform; Report.
10.11The commissioner of corrections, in
10.12consultation with staff of the Sentencing
10.13Guidelines Commission and representatives
10.14from community corrections agencies,
10.15shall develop performance incentives for
10.16counties to reduce the number of probation
10.17revocations by at least ten percent. The
10.18commissioner is encouraged to review
10.19policies in states that have implemented
10.20performance incentive programs. The
10.21commissioner shall also examine and
10.22consider:
10.23(1) the revocation rate differences between
10.24counties;
10.25(2) granting earned compliance credits for
10.26offenders on probation;
10.27(3) recent innovations in probation services,
10.28such as the HOPE program and the
10.29Georgia model, to determine the feasibility
10.30of implementing similar programs in
10.31Minnesota;
10.32(4) limiting prison time for first time
10.33probation revocations; and
11.1(5) the impact of adopting one, unified
11.2probation and supervised release delivery
11.3system in the state.
11.4The commissioner shall submit a report to
11.5the chairs and ranking minority members
11.6of the house of representatives and senate
11.7committees with jurisdiction over public
11.8safety finance by January 15, 2012.
11.14Position Reductions. At least 50 percent
11.15of the reductions in operations support must
11.16come from the elimination of, or reduction
11.17in benefits for, management positions. The
11.18commissioner shall focus the reductions
11.19in areas such as information technology,
11.20finance, and other areas that will not
11.21compromise line officer or public safety. The
11.22commissioner shall also work to eliminate
11.23positions that duplicate the duties of other
11.24department employees.
11.26(a) MINNCOR. Notwithstanding Minnesota
11.27Statutes, section 241.27, the commissioner
11.28of management and budget shall transfer
11.29$600,000 the first year and $600,000 the
11.30second year from the Minnesota correctional
11.31industries revolving fund to the general fund.
11.32These are onetime transfers.
11.33(b) Various Special Revenue Accounts.
11.34Notwithstanding any law to the contrary,
11.35the commissioner of management and
12.1budget shall transfer $400,000 the first year
12.2and $400,000 the second year from the
12.3Department of Corrections' special revenue
12.4accounts to the general fund. These are
12.5onetime transfers. The commissioner of
12.6corrections shall adjust expenditures to stay
12.7within the remaining revenues.
12.10 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
12.11243.212 CO-PAYMENTS FOR HEALTH SERVICES.
12.12Any inmate of an adult correctional facility under the control of the commissioner
12.13of corrections shall incur co-payment obligations for health care services provided. The
12.14co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
12.15paid from the inmate account of earnings and other funds, as provided in section243.23,
12.16subdivision 3 . The funds paid under this subdivision are appropriated to the commissioner
12.17of corrections for the delivery of health care services to inmates.
12.18EFFECTIVE DATE.This section is effective July 1, 2011.
12.19 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
12.20 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
12.21be known as the fire safety account, is created in the state treasury. The account consists of
12.22the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
12.23year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011, $6,618,000 in
12.24fiscal year 2012, $6,618,000 in fiscal year 2013, and $2,368,000 in each year thereafter is
12.25transferred from the fire safety account in the special revenue fund to the general fund
12.26to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
12.27fire insurance premiums.
12.28 Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
12.29 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
12.30policies to effectuate the purposes of this chapter and shall do the following:
13.1 (1) exercise leadership under the direction of the governor in the development of
13.2human rights policies and programs, and make recommendations to the governor and the
13.3legislature for their consideration and implementation;
13.4 (2)establish and maintain a principal office in St. Paul, and any other necessary
13.5branch offices at any location within the state;
13.6(3) meet and function at any place within the state;
13.7(4) (3) employ attorneys, clerks, and other employees and agents as the
13.8commissioner may deem necessary and prescribe their duties;
13.9(5) (4) to the extent permitted by federal law and regulation, utilize the records of
13.10the Department of Employment and Economic Development of the state when necessary
13.11to effectuate the purposes of this chapter;
13.12(6) (5) obtain upon request and utilize the services of all state governmental
13.13departments and agencies;
13.14(7) (6) adopt suitable rules for effectuating the purposes of this chapter;
13.15(8) (7) issue complaints, receive and investigate charges alleging unfair
13.16discriminatory practices, and determine whether or not probable cause exists for hearing;
13.17(9) (8) subpoena witnesses, administer oaths, take testimony, and require the
13.18production for examination of any books or papers relative to any matter under
13.19investigation or in question as the commissioner deems appropriate to carry out the
13.20purposes of this chapter;
13.21(10) (9) attempt, by means of education, conference, conciliation, and persuasion to
13.22eliminate unfair discriminatory practices as being contrary to the public policy of the state;
13.23(11) develop and conduct programs of formal and informal education designed to
13.24eliminate discrimination and intergroup conflict by use of educational techniques and
13.25programs the commissioner deems necessary;
13.26(12) (10) make a written report of the activities of the commissioner to the governor
13.27each year;
13.28(13) (11) accept gifts, bequests, grants, or other payments public and private to help
13.29finance the activities of the department;
13.30(14) (12) create such local and statewide advisory committees as will in the
13.31commissioner's judgment aid in effectuating the purposes of the Department of Human
13.32Rights;
13.33(15) develop such programs as will aid in determining the compliance throughout
13.34the state with the provisions of this chapter, and in the furtherance of such duties, conduct
13.35research and study discriminatory practices based upon race, color, creed, religion,
13.36national origin, sex, age, disability, marital status, status with regard to public assistance,
14.1familial status, sexual orientation, or other factors and develop accurate data on the nature
14.2and extent of discrimination and other matters as they may affect housing, employment,
14.3public accommodations, schools, and other areas of public life;
14.4(16) (13) develop and disseminate technical assistance to persons subject to the
14.5provisions of this chapter, and to agencies and officers of governmental and private
14.6agencies;
14.7(17) (14) provide staff services to such advisory committees as may be created in
14.8aid of the functions of the Department of Human Rights;
14.9(18) (15) make grants in aid to the extent that appropriations are made available for
14.10that purpose in aid of carrying out duties and responsibilities; and
14.11(19) (16) cooperate and consult with the commissioner of labor and industry
14.12regarding the investigation of violations of, and resolution of complaints regarding section
14.13363A.08, subdivision 7
. The commissioner may use nonstate funds to develop and
14.14conduct programs of formal and informal education designed to eliminate discrimination
14.15and further compliance with this chapter.
14.16 In performing these duties, the commissioner shall give priority to those duties in
14.17clauses (7), (8), and (9), and (10) and to the duties in section
363A.36
14.18 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
14.19paragraph (a), clause(13) (11), must be deposited in the state treasury and credited to a
14.20special account. Money in the account is appropriated to the commissioner of human
14.21rights to help finance activities of the department.
14.22EFFECTIVE DATE.This section is effective July 1, 2011.
14.23 Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
14.24 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
14.25excess of$100,000 $250,000, no department or agency of the state shall accept any bid or
14.26proposal for a contract or agreement from any business having more than40 50 full-time
14.27employees within this state on a single working day during the previous 12 months, unless
14.28the commissioner is in receipt of the business' affirmative action plan for the employment
14.29of minority persons, women, and qualified disabled individuals. No department or agency
14.30of the state shall execute any such contract or agreement until the affirmative action plan
14.31has been approved by the commissioner. Receipt of a certificate of compliance issued by
14.32the commissioner shall signify that a firm or business has an affirmative action plan that
14.33has been approved by the commissioner. A certificate shall be valid for a period oftwo
14.34five years. A municipality as defined in section466.01, subdivision 1 , that receives state
14.35money for any reason is encouraged to prepare and implement an affirmative action plan
15.1for the employment of minority persons, women, and the qualified disabled and submit the
15.2plan to the commissioner.
15.3 (b) This paragraph applies to a contract for goods or services in excess of$100,000
15.4$250,000 to be entered into between a department or agency of the state and a business
15.5that is not subject to paragraph (a), but that has more than40 50 full-time employees on
15.6a single working day during the previous 12 months in the state where the business has
15.7its primary place of business. A department or agency of the state may not execute a
15.8contract or agreement with a business covered by this paragraph unless the business has a
15.9certificate of compliance issued by the commissioner under paragraph (a) or the business
15.10certifies that it is in compliance with federal affirmative action requirements.
15.11 (c) This section does not apply to contracts entered into by the State Board of
15.12Investment for investment options under section352.965, subdivision 4 .
15.13EFFECTIVE DATE.This section is effective July 1, 2011.
15.14 Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
15.15 Subdivision 1. Sentence tomore than one year 60 days or less. In a felony
15.16sentence to imprisonmentfor more than one year shall commit, when the remaining term
15.17of imprisonment is for 60 days or less, the defendant shall be committed to the custody of
15.18the commissioner of corrections and must serve the remaining term of imprisonment at a
15.19workhouse, work farm, county jail, or other place authorized by law.
15.20EFFECTIVE DATE.This section is effective July 1, 2011.
15.21 Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
15.22to read:
15.23 Subd. 1c. Sentence to more than 60 days. A felony sentence to imprisonment
15.24when the warrant of commitment has a remaining term of imprisonment for more than 60
15.25days shall commit the defendant to the custody of the commissioner of corrections.
15.26EFFECTIVE DATE.This section is effective July 1, 2011.
15.27 Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
15.28to read:
15.29 Subd. 4. Definitions. (a) For the purposes of this section, the terms in this
15.30subdivision have the meanings given them.
15.31(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
15.32committed before August 1, 1993, is the period of time for which an inmate is committed
16.1to the custody of the commissioner of corrections minus earned good time and jail credit,
16.2if any.
16.3(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
16.4committed on or after August 1, 1993, is the period of time equal to two-thirds of the
16.5inmate's executed sentence, minus jail credit, if any.
16.6EFFECTIVE DATE.This section is effective July 1, 2011.
16.7 Sec. 8. [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX
16.8OFFENDERS.
16.9 Subdivision 1. Definitions. As used in this section:
16.10(1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
16.11(2) "predatory sex offender" means a person who:
16.12(i) is unable to control the person's sexual impulses;
16.13(ii) is dangerous to other persons; and
16.14(iii) has a pattern of harmful sexual conduct; and
16.15(3) "harmful sexual conduct" means sexual conduct that creates a substantial
16.16likelihood of serious physical or emotional harm to another.
16.17 Subd. 2. Applicability. A prosecuting attorney may charge a person under this
16.18section when probable cause exists that the person:
16.19(1) committed a sex offense; and
16.20(2) is a predatory sex offender.
16.21 Subd. 3. Procedures. A person subject to prosecution under this section shall have
16.22a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
16.23offense charge. If the person is found guilty of the sex offense, the second phase of the
16.24trial shall determine whether the person is a predatory sex offender. In both phases of the
16.25trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
16.26doubt. A person charged under this section has all of the rights of a criminal defendant in
16.27both phases of the trial.
16.28 Subd. 4. Indeterminate sentence; minimum and maximum term specified. (a) A
16.29person convicted of a sex offense who has been found by the fact finder to be a predatory
16.30sex offender shall be committed to the custody of the commissioner of corrections for the
16.31term required by paragraph (b).
16.32(b) The minimum sentence of incarceration for offenders sentenced under paragraph
16.33(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
16.34with the offender's criminal history. When the sentencing guidelines presume a stayed
16.35sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
17.1any law to the contrary and the statutory maximum sentence for the offense, the maximum
17.2sentence is 60 years.
17.3(c) A person sentenced under this section and subsequently released shall be placed
17.4on conditional release as provided for in subdivision 9.
17.5(d) Notwithstanding section 609.135, the court may not stay the imposition or
17.6execution of the sentence required by this subdivision. An offender committed to the
17.7custody of the commissioner of corrections under this section may not be released from
17.8incarceration except as provided in this section and section 244.05, subdivision 8.
17.9 Subd. 5. Sentence of persons not found to be predatory sex offenders. If the
17.10person is convicted of the sex offense but is not determined to be a predatory sex offender,
17.11the court shall sentence the offender as otherwise provided by law.
17.12 Subd. 6. Release authority. The commissioner of corrections, under rules adopted
17.13by the commissioner, may grant supervised release to offenders sentenced under this
17.14section.
17.15 Subd. 7. Petition for release, hearing. (a) A person who has served the minimum
17.16period of incarceration to which the person was sentenced may petition the commissioner
17.17of corrections for release. The commissioner shall hold a hearing on each petition
17.18for release prior to making any determination. Within 45 days of the hearing, the
17.19commissioner shall give written notice of the time and place of the hearing to all interested
17.20parties, including the petitioner, the sentencing court, the county attorney's office that
17.21prosecuted the case, and any victims of the crime who requested notification. The hearing
17.22must be held on the record. Upon the approval of the commissioner, the petitioner may
17.23subpoena witnesses to appear at the hearing.
17.24(b) If the commissioner determines the person satisfies the criteria for conditional
17.25release, the commissioner shall release the person from incarceration no later than 14
17.26days after making a determination.
17.27(c) If the commissioner rejects the person's petition for release, the commissioner
17.28must specify in writing the reasons for the rejection. The person may not petition for
17.29release again until 24 months have elapsed since the rejection, unless the commissioner
17.30specifies a shorter time period.
17.31 Subd. 8. Criteria for release. (a) A person sentenced under this section shall not
17.32be released from incarceration unless it appears to the satisfaction of the commissioner
17.33that the person:
17.34(1) no longer poses a threat to the public;
17.35(2) is no longer in need of programming in a secure facility; and
17.36(3) is capable of reintegration with the general public.
18.1(b) The person seeking release has the burden of showing, by clear and convincing
18.2evidence, that the criteria in paragraph (a) have been met.
18.3 Subd. 9. Conditional release. (a) A person sentenced under this section shall serve,
18.4upon release from incarceration, a conditional release term. The conditional release term
18.5shall be the 60-year maximum term under this section less the amount of time actually
18.6served, but the term cannot be less than ten years.
18.7(b) The commissioner of corrections shall establish the conditions of release for a
18.8person granted conditional release.
18.9(c) The county attorney in the county where the conviction occurred, the person's
18.10conditional release agent, or any other interested party may file a petition with the court
18.11alleging that the person failed to satisfy any condition of release. If the court determines
18.12that a person has violated a condition of release, the court may order an appropriate
18.13sanction, including, but not limited to, incarcerating the person for a period specified by
18.14the court in a local or state correctional facility. The period may be of any duration up to
18.15the remainder of time left in the person's conditional release term.
18.16EFFECTIVE DATE.This section is effective July 1, 2013, and applies to crimes
18.17committed on or after that date.
18.18 Sec. 9. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
18.19 Subd. 5. In-service training in police pursuits required. The chief law
18.20enforcement officer of every state and local law enforcement agency shall provide
18.21in-service training in emergency vehicle operations and in the conduct of police pursuits
18.22to every peace officer and part-time peace officer employed by the agency who the
18.23chief law enforcement officer determines may be involved in a police pursuit given the
18.24officer's responsibilities. The training shall comply with learning objectives developed
18.25and approved by the board and shall consist of at least eight hours of classroom and
18.26skills-based training everyfour five years.
18.27 Sec. 10. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
18.28 Subd. 2. Medical aid. Except as provided in section466.101 , the county board
18.29shall pay the costs of medical services provided to prisoners pursuant to this section.
18.30The amount paid by theAnoka county board for a medical service shall not exceed the
18.31maximum allowed medical assistance payment rate for the service, as determined by
18.32the commissioner of human services.For all other counties, In the absence of a health
18.33or medical insurance or health plan that has a contractual obligation with the provider or
18.34the prisoner, medical providers shall charge no higher than the rate negotiated between
19.1the county and the provider. In the absence of an agreement between the county and the
19.2provider, the provider may not chargeno more than the discounted rate the provider
19.3has negotiated with the nongovernmental third-party payer that provided the most
19.4revenue to the provider during the previous calendar year an amount that exceeds the
19.5maximum allowed medical assistance payment rate for the service, as determined by
19.6the commissioner of human services. The county is entitled to reimbursement from the
19.7prisoner for payment of medical bills to the extent that the prisoner to whom the medical
19.8aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
19.9co-payment obligations for health care services provided by a county correctional facility.
19.10The county board shall determine the co-payment amount. Notwithstanding any law to the
19.11contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
19.12county, to the extent possible. If there is a disagreement between the county and a prisoner
19.13concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
19.14determine the extent, if any, of the prisoner's ability to pay for the medical services. If
19.15a prisoner is covered by health or medical insurance or other health plan when medical
19.16services are provided, the medical provider shall bill that health or medical insurance or
19.17other plan. If the county providing the medical services for a prisoner that has coverage
19.18under health or medical insurance or other plan, that county has a right of subrogation to
19.19be reimbursed by the insurance carrier for all sums spent by it for medical services to the
19.20prisoner that are covered by the policy of insurance or health plan, in accordance with the
19.21benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
19.22health plan. The county may maintain an action to enforce this subrogation right. The
19.23county does not have a right of subrogation against the medical assistance program or the
19.24general assistance medical care program.
19.25EFFECTIVE DATE.This section is effective July 1, 2011.
19.26 Sec. 11. JUVENILE JUSTICE REFORM ADVISORY TASK FORCE.
19.27 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
19.28and analyze issues related to juvenile justice reform. At a minimum, the task force shall
19.29examine the following issues and assess whether and how a change to law, rule, or practice
19.30would best serve public safety, address the needs of juvenile offenders, and promote
19.31cost-efficiency or cost-savings in the juvenile justice system:
19.32(1) the purpose and intent of the delinquency and child protection provisions of
19.33the Juvenile Court Act;
19.34(2) the age at which a juvenile who is alleged of committing a felony may be
19.35certified as an adult or prosecuted as an extended jurisdiction juvenile;
20.1(3) the minimum age at which a juvenile may be prosecuted for committing a
20.2delinquent act or a petty juvenile offense;
20.3(4) the age at which the juvenile court's jurisdiction over the following individuals
20.4should terminate: delinquent children, juvenile petty offenders, and extended jurisdiction
20.5juveniles;
20.6(5) laws relating to juvenile records, including data classifications, retention periods,
20.7expungement provisions, effect on future juvenile and adult sentencing, and restrictions on
20.8the release of records by different agencies and the courts;
20.9(6) laws which prevent youth involved with the CHIPs, juvenile justice, or adult
20.10court systems from later being employed in various jobs;
20.11(7) laws relating to continuances and stays of adjudication in juvenile delinquency
20.12cases, including length of continuance or stay, extensions, collateral consequences, and
20.13disposition of such cases; and
20.14(8) laws relating to diversion in juvenile cases, including eligibility, program
20.15components, and diversion alternatives.
20.16(b) In addition, the task force shall:
20.17(1) identify the types of dispositions, including treatment and counseling, that
20.18have been most and least successful in reforming and treating juvenile offenders and in
20.19deterring juvenile offenders from committing specific crimes; and
20.20(2) identify the types of dispositions, including treatment and counseling, that have
20.21been the most and least cost-effective in reforming, treating, and deterring juvenile
20.22offenders.
20.23(c) In its evaluation and analysis, the task force shall consider approaches taken
20.24by other states in these areas and may examine other issues that the task force or
20.25commissioner of corrections finds relevant.
20.26 Subd. 2. Membership. The task force consists of the following members:
20.27(1) the commissioner of corrections, or the commissioner's designee;
20.28(2) the commissioner of public safety, or the commissioner's designee;
20.29(3) the commissioner of human services, or the commissioner's designee;
20.30(4) the chairs and ranking minority members of the house of representatives and
20.31senate committees having jurisdiction over criminal justice policy, or their designees;
20.32(5) a county attorney selected by the Minnesota County Attorneys Association;
20.33(6) a representative from the Board of Public Defense, selected by that board;
20.34(7) a representative of the Minnesota Chiefs of Police Association;
20.35(8) a representative of the Minnesota Sheriffs Association;
20.36(9) a juvenile probation officer selected by the commissioner of corrections;
21.1(10) a member of the Juvenile Justice Advisory Committee, selected by that
21.2committee;
21.3(11) a member of the Juvenile Justice Coalition, selected by that coalition; and
21.4(12) a law professor who is knowledgeable in juvenile justice issues, selected by
21.5the commissioner of corrections.
21.6 Subd. 3. Meetings. The commissioner of corrections, or the commissioner's
21.7designee, shall convene the initial meeting of the task force. The members of the task
21.8force must elect a chair or co-chairs at the initial meeting. The task force shall meet
21.9sufficiently enough to accomplish the tasks identified in this section.
21.10 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
21.11terms, removal of members, and filling of vacancies on the task force shall be as provided
21.12in Minnesota Statutes, section 15.059. Members shall serve without compensation and
21.13expense reimbursement. The task force expires June 30, 2012.
21.14 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
21.15including any proposed legislative changes, to the chairs and ranking minority members
21.16of the house of representatives and senate committees with jurisdiction over criminal
21.17justice policy and funding.
21.18EFFECTIVE DATE.This section is effective the day following final enactment.
21.19 Sec. 12. SEX OFFENDER POLICY TASK FORCE.
21.20 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
21.21and analyze issues related to sex offenders. At a minimum, the task force shall examine
21.22and make recommendations on the following issues:
21.23(1) sex offender sentencing, including expanded use of indeterminate sentencing
21.24and implementation of section 8;
21.25(2) sex offender treatment, both in prison and in the community;
21.26(3) sex offender civil commitment, including less costly alternatives;
21.27(4) the effectiveness in cost and outcomes of the Minnesota sex offender program;
21.28(5) best practices for supervising sex offenders such as intensive supervised release,
21.29specialized caseloads, and other innovative methods; ideal caseload sizes for supervising
21.30agents; and methods to implement this in a manner that does not negatively impact the
21.31supervision of other types of offenders;
21.32(6) sex offender community notification and registration, including the effectiveness
21.33of posting offender information on the Internet; and
21.34(7) any other issues related to sex offender management and treatment that the task
21.35force deems appropriate.
22.1(b) In its evaluation and analysis, the task force shall consider approaches taken by
22.2other states in the areas in paragraph (a).
22.3 Subd. 2. Membership. The task force consists of the following members:
22.4(1) the commissioner of public safety, or the commissioner's designee;
22.5(2) the commissioner of corrections, or the commissioner's designee;
22.6(3) the commissioner of human services, or the commissioner's designee;
22.7(4) the chairs and ranking minority members of the house of representatives and
22.8senate committees having jurisdiction over public safety finance and human services
22.9finance, or their designees;
22.10(5) a county attorney, selected by the Minnesota County Attorneys Association;
22.11(6) one representative from the Board of Public Defense, selected by that board;
22.12(7) a representative of the Minnesota Chiefs of Police Association;
22.13(8) a representative of the Minnesota Sheriffs Association;
22.14(9) a probation officer, selected by the commissioner of corrections; and
22.15(10) a sex offender treatment provider who is privately employed, selected by the
22.16commissioner of human services.
22.17 Subd. 3. Meetings. The commissioner of public safety, or the commissioner's
22.18designee, shall convene the initial meeting of the task force and serve as the chair. The
22.19task force shall meet sufficiently enough to accomplish the tasks identified in this section.
22.20 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
22.21terms, removal of members, and filling of vacancies on the task force shall be as provided
22.22in Minnesota Statutes, section 15.059. Members shall serve without compensation and
22.23expense reimbursement. The task force expires June 30, 2012.
22.24 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
22.25including any proposed legislative changes, to the chairs and ranking minority members of
22.26the house of representatives and senate committees with jurisdiction over public safety
22.27policy and finance and human services policy and finance.
22.28EFFECTIVE DATE.This section is effective the day following final enactment.
22.29 Sec. 13. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
22.30FACILITY IN FARIBAULT.
22.31Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
22.32commissioner of administration may acquire an easement for utility and access purposes to
22.33serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
22.34methods permitted by that subdivision even in the absence of a specific appropriation to
22.35the commissioner to acquire the easement.
23.1 Sec. 14. REPEALER.
23.2Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
23.3EFFECTIVE DATE.This section is effective July 1, 2011.
23.6 Section 1. Minnesota Statutes 2010, section 352.90, is amended to read:
23.7352.90 POLICY.
23.8It is the policy of the legislature to provide special retirement benefits for and special
23.9contributions by certain correctional employees who may be required to retire at an early
23.10age because they lose the mental or physical capacity required to maintain the safety,
23.11security, discipline, and custody of inmates at state correctional facilitiesor, of patients at
23.12the Minnesota Security Hospital, or of patients in the Minnesota sex offender program, or
23.13of patients in the Minnesota extended treatment options program.
23.14 Sec. 2. Minnesota Statutes 2010, section 352.91, subdivision 1, is amended to read:
23.15 Subdivision 1. Qualifying jobs. "Covered correctional service" means service
23.16performed by a state employee, as defined in section352.01 , who is employed at a state
23.17correctional facility, the Minnesota Security Hospital, or the Minnesota sex offender
23.18program as:
23.19(1) a corrections officer 1;
23.20(2) a corrections officer 2;
23.21(3) a corrections officer 3;
23.22(4) a corrections officer supervisor;
23.23(5) (4) a corrections lieutenant;
23.24(6) (5) a corrections captain;
23.25(7) (6) a security counselor;
23.26(8) (7) a security counselor lead; or
23.27(9) (8) a corrections canine officer.;
23.28(9) a group supervisor; or
23.29(10) a group supervisor assistant.
23.30 Sec. 3. Minnesota Statutes 2010, section 352.91, subdivision 3h, is amended to read:
23.31 Subd. 3h. Employment occupation name changes. (a) If the occupational title of a
23.32state employee covered by the Minnesota correctional employees retirement plan changes
24.1from the applicable title listed in subdivision 1,2, 2a, 3c, 3d, 3e, 3f, or 3g, qualification for
24.2coverage by the correctional state employees retirement plan continues until the July 1
24.3next following the title change if the commissioner of management and budget certifies
24.4to the executive director of the Minnesota State Retirement System and to the executive
24.5director of the Legislative Commission on Pensions and Retirement that the duties,
24.6requirements, and responsibilities of the new occupational title are substantially identical
24.7to the duties, requirements, and responsibilities of the prior occupational title.
24.8(b) If the commissioner of management and budget does not certify a new
24.9occupational title under paragraph (a), eligibility for future correctional state employees
24.10retirement coverage terminates as of the start of the first payroll period next following the
24.11effective date of the occupational title change.
24.12(c) For consideration by the Legislative Commission on Pensions and Retirement
24.13during the legislative session next following an occupational title change involving a state
24.14employee in covered correctional service, the commissioner of management and budget
24.15shall submit the applicable draft proposed legislation reflecting the occupational title
24.16change covered by this section.
24.17 Sec. 4. MODIFICATION IN CERTAIN POSTRETIREMENT
24.18EMPLOYER-PAID HEALTH INSURANCE COVERAGE.
24.19Notwithstanding any provision to the contrary of any agreement under Minnesota
24.20Statutes, chapter 179A, for any member of the correctional state employees retirement
24.21plan of the Minnesota State Retirement System to be eligible for employer-paid health
24.22insurance coverage after retirement, the person must have at least ten years of covered
24.23correctional service credit under Minnesota Statutes, section 352.91, prior to the
24.24commencement of the retirement annuity under Minnesota Statutes, section 352.93.
24.25 Sec. 5. REPEALER.
24.26Minnesota Statutes 2010, section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i,
24.274a, and 4b, are repealed.
1.3for health care provider visits; reauthorizing certain short-term commitments
1.4to commissioner of corrections be served in county jails; amending human
1.5rights education and program development requirements and certificates of
1.6compliance provisions; providing for indeterminate sentencing for certain
1.7convicted sex offenders; modifying frequency of in-service training in police
1.8pursuits; limiting medical aid payments in county jails; requiring a corrections
1.9reform working group; establishing the Juvenile Justice Reform Advisory Task
1.10Force; establishing the Sex Offender Policy Task Force; acquiring an easement
1.11for the correctional facility in Faribault; revising employment positions covered
1.12by correctional state employees retirement plan; modifying certain correctional
1.13state employee postretirement health insurance coverage; requiring reports;
1.14providing for penalties; appropriating money for public safety, corrections, and
1.15human rights;amending Minnesota Statutes 2010, sections 243.212; 297I.06,
1.16subdivision 3; 352.90; 352.91, subdivisions 1, 3h; 363A.06, subdivision 1;
1.17363A.36, subdivision 1; 609.105, subdivision 1, by adding subdivisions;
1.18626.8458, subdivision 5; 641.15, subdivision 2; proposing coding for new law in
1.19Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2010, sections
1.20352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i, 4a, 4b; 363A.36, subdivision 5.
1.21BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
| 1.24 |
Section 1. SUMMARY OF APPROPRIATIONS. |
||||||
1.26in this article.
| 2.11 |
Sec. 2. PUBLIC SAFETY APPROPRIATIONS. |
||||||
2.13agencies and for the purposes specified in this article. The appropriations are from the
2.14general fund, or another named fund, and are available for the fiscal years indicated
2.15for each purpose. The figures "2012" and "2013" used in this article mean that the
2.16appropriations listed under them are available for the fiscal year ending June 30, 2012, or
2.17June 30, 2013, respectively. "The first year" is fiscal year 2012. "The second year" is fiscal
2.18year 2013. "The biennium" is fiscal years 2012 and 2013. Appropriations for the fiscal
2.19year ending June 30, 2011, are effective the day following final enactment.
| 2.20 |
APPROPRIATIONS |
||||||
| 2.21 |
Available for the Year |
||||||
| 2.22 |
Ending June 30 |
||||||
| 2.23 |
2011 |
2012 |
2013 |
||||
| 2.24 |
Sec. 3. PUBLIC SAFETY |
||||||
| 2.25 2.26 |
Subdivision 1.Total Appropriation |
$ |
1,226,000 |
$ |
153,340,000 |
$ |
150,725,000 |
2.36purpose are specified in the following
2.37subdivisions.
| 3.1 3.2 |
Subd. 2.Emergency Management |
1,226,000 |
2,525,000 |
2,525,000 |
| 3.3 |
Appropriations by Fund |
|||
| 3.4 |
General |
1,226,000 |
1,852,000 |
1,852,000 |
| 3.5 |
Special Revenue |
604,000 |
604,000 |
|
| 3.6 |
Environmental |
69,000 |
69,000 |
|
3.82011 is appropriated from the general fund to
3.9provide a state match for Federal Emergency
3.10Management Agency (FEMA) disaster
3.11assistance to state agencies and political
3.12subdivisions under Minnesota Statutes,
3.13section 12.221, in the area designated
3.14under Presidential Declaration of Major
3.15Disaster, FEMA-1830-DR, for the flooding
3.16in Minnesota in the spring of 2009, whether
3.17included in the original declaration or added
3.18later by federal government action. This is a
3.19onetime appropriation. This appropriation is
3.20available until expended.
3.21(b) Hazmat and Chemical Assessment
3.22Teams. $604,000 each year is appropriated
3.23from the fire safety account in the special
3.24revenue fund. These amounts must be used
3.25to fund the hazardous materials and chemical
3.26assessment teams.
| 3.27 3.28 |
Subd. 3.Criminal Apprehension |
41,887,000 |
41,887,000 |
| 3.29 |
Appropriations by Fund |
|||
| 3.30 |
General |
39,939,000 |
39,939,000 |
|
| 3.31 3.32 |
State Government Special Revenue |
7,000 |
7,000 |
|
| 3.33 |
Trunk Highway |
1,941,000 |
1,941,000 |
|
3.35Notwithstanding Minnesota Statutes, section
3.36
4.1is appropriated from the trunk highway fund
4.2for laboratory analysis related to driving
4.3while impaired cases.
| 4.4 |
Subd. 4.Fire Marshal |
5,757,000 |
5,757,000 |
4.6account in the special revenue fund and is for
4.7activities under Minnesota Statutes, section
4.8299F.012.
| 4.9 4.10 |
Subd. 5.Alcohol and Gambling Enforcement |
2,236,000 |
2,236,000 |
| 4.11 |
Appropriations by Fund |
|||
| 4.12 |
General |
1,583,000 |
1,583,000 |
|
| 4.13 |
Special Revenue |
653,000 |
653,000 |
|
4.15enforcement account in the special revenue
4.16fund. Of this appropriation, $500,000 each
4.17year shall be transferred to the general fund.
4.18The transfer amount for fiscal year 2014 and
4.19fiscal year 2015 shall be $500,000 per year.
| 4.20 4.21 |
Subd. 6.Office of Justice Programs |
28,387,000 |
28,387,000 |
| 4.22 |
Appropriations by Fund |
|||
| 4.23 |
General |
28,291,000 |
28,291,000 |
|
| 4.24 4.25 |
State Government Special Revenue |
96,000 |
96,000 |
|
4.27commissioner may not reduce grants to
4.28domestic abuse shelters more than 11 percent
4.29from the base.
4.30(b) Administration Costs. Up to 2.5 percent
4.31of the grant money appropriated in this
4.32subdivision may be used to administer the
4.33grant program.
| 4.34 4.35 |
Subd. 7.Emergency Communication Networks |
72,548,000 |
69,933,000 |
5.2government special revenue fund for 911
5.3emergency telecommunications services.
5.4(a) Public Safety Answering Points.
5.5$13,664,000 each year is to be distributed
5.6as provided in Minnesota Statutes, section
5.7403.113, subdivision 2.
5.8(b) Medical Resource Communication
5.9Centers. $683,000 each year is for grants
5.10to the Minnesota Emergency Medical
5.11Services Regulatory Board for the Metro
5.12East and Metro West Medical Resource
5.13Communication Centers that were in
5.14operation before January 1, 2000.
5.15(c) ARMER Debt Service. $23,261,000
5.16each year is to the commissioner of
5.17management and budget to pay debt service
5.18on revenue bonds issued under Minnesota
5.19Statutes, section 403.275.
5.20Any portion of this appropriation not needed
5.21to pay debt service in a fiscal year may be
5.22used by the commissioner of public safety to
5.23pay cash for any of the capital improvements
5.24for which bond proceeds were appropriated
5.25by Laws 2005, chapter 136, article 1, section
5.269, subdivision 8, or Laws 2007, chapter 54,
5.27article 1, section 10, subdivision 8.
5.28(d) Metropolitan Council Debt Service.
5.29$1,410,000 each year is to the commissioner
5.30of management and budget for payment to
5.31the Metropolitan Council for debt service
5.32on bonds issued under Minnesota Statutes,
5.33section 403.27.
5.34(e) ARMER State Backbone Operating
5.35Costs. $8,300,000 the first year and
6.1$8,650,000 the second year are to the
6.2commissioner of transportation for costs
6.3of maintaining and operating the statewide
6.4radio system backbone.
6.5(f) ARMER Improvements. $1,000,000
6.6each year is for the Statewide Radio Board
6.7for costs of design, construction, maintenance
6.8of, and improvements to those elements
6.9of the statewide public safety radio and
6.10communication system that support mutual
6.11aid communications and emergency medical
6.12services or provide enhancement of public
6.13safety communication interoperability.
6.14(g) Transfer. $2,600,000 each year is
6.15transferred to the general fund. This is a
6.16onetime transfer.
| 6.17 6.18 |
Sec. 4. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
$ |
3,770,000 |
$ |
3,770,000 |
||
6.20appropriation is from the peace officer
6.21training account in the special revenue fund.
6.22Any new receipts credited to that account in
6.23the first year in excess of $3,770,000 must be
6.24transferred and credited to the general fund.
6.25Any new receipts credited to that account in
6.26the second year in excess of $3,770,000 must
6.27be transferred and credited to the general
6.28fund.
6.29(b) Peace Officer Training
6.30Reimbursements. $2,634,000 each
6.31year is for reimbursements to local
6.32governments for peace officer training costs.
| 6.33 |
Sec. 5. PRIVATE DETECTIVE BOARD |
$ |
120,000 |
$ |
120,000 |
||
| 7.1 |
Sec. 6. HUMAN RIGHTS |
$ |
1,170,000 |
$ |
1,170,000 |
||
7.3dedicate the department's appropriation
7.4under this section to enforcement measures.
| 7.5 |
Sec. 7. DEPARTMENT OF CORRECTIONS |
||||||
| 7.6 7.7 |
Subdivision 1.Total Appropriation |
$ |
455,185,000 |
$ |
441,427,000 |
| 7.8 |
Appropriations by Fund |
|||
| 7.9 |
General |
454,295,000 |
440,537,000 |
|
| 7.10 |
Special Revenue |
890,000 |
890,000 |
|
7.12purpose are specified in the following
7.13subdivisions.
| 7.14 7.15 |
Subd. 2.Correctional Institutions |
325,759,000 |
312,001,000 |
| 7.16 |
Appropriations by Fund |
|||
| 7.17 |
General |
325,179,000 |
311,421,000 |
|
| 7.18 |
Special Revenue |
580,000 |
580,000 |
|
7.20shall realize the cuts to correctional
7.21institutions by eliminating management
7.22positions within the department's facilities,
7.23particularly duplicate positions. The
7.24commissioner may not eliminate line officer
7.25positions. The commissioner shall focus the
7.26reductions in areas that will not compromise
7.27line officer or public safety.
7.28(b) Inmate Medical Cost Savings; Report.
7.29The commissioner shall reduce the inmate
7.30medical per diem by at least five percent.
7.31By January 15, 2012, the commissioner
7.32shall submit a report to the chairs and
7.33ranking minority members of the house
8.1of representatives and senate committees
8.2with jurisdiction over public safety finance
8.3detailing how the commissioner achieved
8.4the cost savings. If the commissioner fails
8.5to realize five percent savings on inmate
8.6medical costs, the report shall contain a
8.7detailed explanation of why the savings were
8.8not realized.
8.9(c) Juvenile Facilities; Report. By
8.10December 1, 2011, the commissioner of
8.11corrections shall report to the chairs and
8.12ranking minority members of the house of
8.13representatives and senate committees with
8.14jurisdiction over public safety finance on
8.15the continued operation of the department's
8.16two juvenile facilities. In the report, the
8.17commissioner shall evaluate the cost savings
8.18to the department and state of closing one or
8.19both of the facilities. If the commissioner
8.20determines one or both of the facilities
8.21should remain open, the commissioner shall
8.22make recommendations on how to operate
8.23the facilities in the most cost-effective
8.24manner possible. If the commissioner
8.25recommends the closing of one or both of the
8.26juvenile facilities, the report shall contain
8.27recommendations for alternative placements
8.28for juvenile offenders and alternative uses
8.29for the facilities.
8.30(d) Reform Working Group; Report. (1)
8.31The commissioner of corrections shall form a
8.32working group to study the following topics:
8.33(i) adoption of an earned credit program for
8.34inmates in the state correctional facilities
8.35similar to the programs in 36 other states;
9.1(ii) the federal immigration and customs
9.2enforcement rapid REPAT program and the
9.3potential for the state to participate in the
9.4program;
9.5(iii) expanding the use of medical and other
9.6forms of early release; and
9.7(iv) the feasibility of closing a wing or an
9.8entire state facility or leasing vacant prison
9.9space to house inmates from other states.
9.10(2) The working group shall consist of
9.11corrections personnel, the state public
9.12defender, an individual representing victim
9.13services, a representative from the county
9.14attorneys association, a majority and
9.15minority member of the house Public Safety
9.16Committee and a majority and minority
9.17member of the senate Judiciary and Public
9.18Safety Committee, and any other members
9.19that the commissioner deems necessary.
9.20(3) The working group shall issue a report
9.21to the chair and ranking minority member
9.22of the house Public Safety Finance and
9.23Policy Committee and the chair and
9.24ranking minority member of the senate
9.25Judiciary and Public Safety Committee by
9.26January 15, 2012. The report must contain
9.27recommendations for each of the areas
9.28of study under paragraph (1) and specific
9.29recommendations concerning the use of
9.30earned credits for inmates that address:
9.31(i) the feasibility of an earned credit policy;
9.32(ii) the type and amount of earned credit that
9.33could be offered;
10.1(iii) the type of inmates to include and
10.2exclude from an earned credit program; and
10.3(iv) any potential cost savings that would
10.4result from issuing earned credit.
| 10.5 10.6 |
Subd. 3.Community Services |
109,082,000 |
109,082,000 |
| 10.7 |
Appropriations by Fund |
|||
| 10.8 |
General |
108,982,000 |
108,982,000 |
|
| 10.9 |
Special Revenue |
100,000 |
100,000 |
|
10.11The commissioner of corrections, in
10.12consultation with staff of the Sentencing
10.13Guidelines Commission and representatives
10.14from community corrections agencies,
10.15shall develop performance incentives for
10.16counties to reduce the number of probation
10.17revocations by at least ten percent. The
10.18commissioner is encouraged to review
10.19policies in states that have implemented
10.20performance incentive programs. The
10.21commissioner shall also examine and
10.22consider:
10.23(1) the revocation rate differences between
10.24counties;
10.25(2) granting earned compliance credits for
10.26offenders on probation;
10.27(3) recent innovations in probation services,
10.28such as the HOPE program and the
10.29Georgia model, to determine the feasibility
10.30of implementing similar programs in
10.31Minnesota;
10.32(4) limiting prison time for first time
10.33probation revocations; and
11.1(5) the impact of adopting one, unified
11.2probation and supervised release delivery
11.3system in the state.
11.4The commissioner shall submit a report to
11.5the chairs and ranking minority members
11.6of the house of representatives and senate
11.7committees with jurisdiction over public
11.8safety finance by January 15, 2012.
| 11.9 11.10 |
Subd. 4.Operations Support |
20,344,000 |
20,344,000 |
| 11.11 |
Appropriations by Fund |
|||
| 11.12 |
General |
20,134,000 |
20,134,000 |
|
| 11.13 |
Special Revenue |
210,000 |
210,000 |
|
11.15of the reductions in operations support must
11.16come from the elimination of, or reduction
11.17in benefits for, management positions. The
11.18commissioner shall focus the reductions
11.19in areas such as information technology,
11.20finance, and other areas that will not
11.21compromise line officer or public safety. The
11.22commissioner shall also work to eliminate
11.23positions that duplicate the duties of other
11.24department employees.
| 11.25 |
Subd. 5.Transfers |
11.27Statutes, section 241.27, the commissioner
11.28of management and budget shall transfer
11.29$600,000 the first year and $600,000 the
11.30second year from the Minnesota correctional
11.31industries revolving fund to the general fund.
11.32These are onetime transfers.
11.33(b) Various Special Revenue Accounts.
11.34Notwithstanding any law to the contrary,
11.35the commissioner of management and
12.1budget shall transfer $400,000 the first year
12.2and $400,000 the second year from the
12.3Department of Corrections' special revenue
12.4accounts to the general fund. These are
12.5onetime transfers. The commissioner of
12.6corrections shall adjust expenditures to stay
12.7within the remaining revenues.
12.10 Section 1. Minnesota Statutes 2010, section 243.212, is amended to read:
12.11243.212 CO-PAYMENTS FOR HEALTH SERVICES.
12.12Any inmate of an adult correctional facility under the control of the commissioner
12.13of corrections shall incur co-payment obligations for health care services provided. The
12.14co-payment shall be at least $5 per visit to a health care provider. The co-payment will be
12.15paid from the inmate account of earnings and other funds, as provided in section
12.16subdivision 3
12.17of corrections for the delivery of health care services to inmates.
12.18EFFECTIVE DATE.This section is effective July 1, 2011.
12.19 Sec. 2. Minnesota Statutes 2010, section 297I.06, subdivision 3, is amended to read:
12.20 Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
12.21be known as the fire safety account, is created in the state treasury. The account consists of
12.22the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
12.23year 2009, $9,268,000 in fiscal year 2010, $5,968,000 in fiscal year 2011, $6,618,000 in
12.24fiscal year 2012, $6,618,000 in fiscal year 2013, and $2,368,000 in each year thereafter is
12.25transferred from the fire safety account in the special revenue fund to the general fund
12.26to offset the loss of revenue caused by the repeal of the one-half of one percent tax on
12.27fire insurance premiums.
12.28 Sec. 3. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to read:
12.29 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
12.30policies to effectuate the purposes of this chapter and shall do the following:
13.1 (1) exercise leadership under the direction of the governor in the development of
13.2human rights policies and programs, and make recommendations to the governor and the
13.3legislature for their consideration and implementation;
13.4 (2)
13.5
13.6
13.7
13.8commissioner may deem necessary and prescribe their duties;
13.9
13.10the Department of Employment and Economic Development of the state when necessary
13.11to effectuate the purposes of this chapter;
13.12
13.13departments and agencies;
13.14
13.15
13.16discriminatory practices, and determine whether or not probable cause exists for hearing;
13.17
13.18production for examination of any books or papers relative to any matter under
13.19investigation or in question as the commissioner deems appropriate to carry out the
13.20purposes of this chapter;
13.21
13.22eliminate unfair discriminatory practices as being contrary to the public policy of the state;
13.23
13.24
13.25
13.26
13.27each year;
13.28
13.29finance the activities of the department;
13.30
13.31commissioner's judgment aid in effectuating the purposes of the Department of Human
13.32Rights;
13.33
13.34
13.35
13.36
14.1
14.2
14.3
14.4
14.5provisions of this chapter, and to agencies and officers of governmental and private
14.6agencies;
14.7
14.8aid of the functions of the Department of Human Rights;
14.9
14.10that purpose in aid of carrying out duties and responsibilities; and
14.11
14.12regarding the investigation of violations of, and resolution of complaints regarding section
14.14conduct programs of formal and informal education designed to eliminate discrimination
14.15and further compliance with this chapter.
14.16 In performing these duties, the commissioner shall give priority to those duties in
14.17clauses (7), (8), and (9)
14.18 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
14.19paragraph (a), clause
14.20special account. Money in the account is appropriated to the commissioner of human
14.21rights to help finance activities of the department.
14.22EFFECTIVE DATE.This section is effective July 1, 2011.
14.23 Sec. 4. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
14.24 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
14.25excess of
14.26proposal for a contract or agreement from any business having more than
14.27employees within this state on a single working day during the previous 12 months, unless
14.28the commissioner is in receipt of the business' affirmative action plan for the employment
14.29of minority persons, women, and qualified disabled individuals. No department or agency
14.30of the state shall execute any such contract or agreement until the affirmative action plan
14.31has been approved by the commissioner. Receipt of a certificate of compliance issued by
14.32the commissioner shall signify that a firm or business has an affirmative action plan that
14.33has been approved by the commissioner. A certificate shall be valid for a period of
14.34five years. A municipality as defined in section
14.35money for any reason is encouraged to prepare and implement an affirmative action plan
15.1for the employment of minority persons, women, and the qualified disabled and submit the
15.2plan to the commissioner.
15.3 (b) This paragraph applies to a contract for goods or services in excess of
15.4$250,000 to be entered into between a department or agency of the state and a business
15.5that is not subject to paragraph (a), but that has more than
15.6a single working day during the previous 12 months in the state where the business has
15.7its primary place of business. A department or agency of the state may not execute a
15.8contract or agreement with a business covered by this paragraph unless the business has a
15.9certificate of compliance issued by the commissioner under paragraph (a) or the business
15.10certifies that it is in compliance with federal affirmative action requirements.
15.11 (c) This section does not apply to contracts entered into by the State Board of
15.12Investment for investment options under section
15.13EFFECTIVE DATE.This section is effective July 1, 2011.
15.14 Sec. 5. Minnesota Statutes 2010, section 609.105, subdivision 1, is amended to read:
15.15 Subdivision 1. Sentence to
15.16sentence to imprisonment
15.17of imprisonment is for 60 days or less, the defendant shall be committed to the custody of
15.18the commissioner of corrections and must serve the remaining term of imprisonment at a
15.19workhouse, work farm, county jail, or other place authorized by law.
15.20EFFECTIVE DATE.This section is effective July 1, 2011.
15.21 Sec. 6. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
15.22to read:
15.23 Subd. 1c. Sentence to more than 60 days. A felony sentence to imprisonment
15.24when the warrant of commitment has a remaining term of imprisonment for more than 60
15.25days shall commit the defendant to the custody of the commissioner of corrections.
15.26EFFECTIVE DATE.This section is effective July 1, 2011.
15.27 Sec. 7. Minnesota Statutes 2010, section 609.105, is amended by adding a subdivision
15.28to read:
15.29 Subd. 4. Definitions. (a) For the purposes of this section, the terms in this
15.30subdivision have the meanings given them.
15.31(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
15.32committed before August 1, 1993, is the period of time for which an inmate is committed
16.1to the custody of the commissioner of corrections minus earned good time and jail credit,
16.2if any.
16.3(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
16.4committed on or after August 1, 1993, is the period of time equal to two-thirds of the
16.5inmate's executed sentence, minus jail credit, if any.
16.6EFFECTIVE DATE.This section is effective July 1, 2011.
16.7 Sec. 8. [609.3458] INDETERMINATE SENTENCE FOR PREDATORY SEX
16.8OFFENDERS.
16.9 Subdivision 1. Definitions. As used in this section:
16.10(1) "sex offense" means a violation of section 609.342, 609.343, 609.344, or 609.345;
16.11(2) "predatory sex offender" means a person who:
16.12(i) is unable to control the person's sexual impulses;
16.13(ii) is dangerous to other persons; and
16.14(iii) has a pattern of harmful sexual conduct; and
16.15(3) "harmful sexual conduct" means sexual conduct that creates a substantial
16.16likelihood of serious physical or emotional harm to another.
16.17 Subd. 2. Applicability. A prosecuting attorney may charge a person under this
16.18section when probable cause exists that the person:
16.19(1) committed a sex offense; and
16.20(2) is a predatory sex offender.
16.21 Subd. 3. Procedures. A person subject to prosecution under this section shall have
16.22a bifurcated trial. The first phase of the trial shall determine the person's guilt on the sex
16.23offense charge. If the person is found guilty of the sex offense, the second phase of the
16.24trial shall determine whether the person is a predatory sex offender. In both phases of the
16.25trial, the burden of proof is on the state and the standard of proof is beyond a reasonable
16.26doubt. A person charged under this section has all of the rights of a criminal defendant in
16.27both phases of the trial.
16.28 Subd. 4. Indeterminate sentence; minimum and maximum term specified. (a) A
16.29person convicted of a sex offense who has been found by the fact finder to be a predatory
16.30sex offender shall be committed to the custody of the commissioner of corrections for the
16.31term required by paragraph (b).
16.32(b) The minimum sentence of incarceration for offenders sentenced under paragraph
16.33(a) shall be twice the presumptive sentence under the sentencing guidelines for a person
16.34with the offender's criminal history. When the sentencing guidelines presume a stayed
16.35sentence for the sex offense, the court shall specify a minimum sentence. Notwithstanding
17.1any law to the contrary and the statutory maximum sentence for the offense, the maximum
17.2sentence is 60 years.
17.3(c) A person sentenced under this section and subsequently released shall be placed
17.4on conditional release as provided for in subdivision 9.
17.5(d) Notwithstanding section 609.135, the court may not stay the imposition or
17.6execution of the sentence required by this subdivision. An offender committed to the
17.7custody of the commissioner of corrections under this section may not be released from
17.8incarceration except as provided in this section and section 244.05, subdivision 8.
17.9 Subd. 5. Sentence of persons not found to be predatory sex offenders. If the
17.10person is convicted of the sex offense but is not determined to be a predatory sex offender,
17.11the court shall sentence the offender as otherwise provided by law.
17.12 Subd. 6. Release authority. The commissioner of corrections, under rules adopted
17.13by the commissioner, may grant supervised release to offenders sentenced under this
17.14section.
17.15 Subd. 7. Petition for release, hearing. (a) A person who has served the minimum
17.16period of incarceration to which the person was sentenced may petition the commissioner
17.17of corrections for release. The commissioner shall hold a hearing on each petition
17.18for release prior to making any determination. Within 45 days of the hearing, the
17.19commissioner shall give written notice of the time and place of the hearing to all interested
17.20parties, including the petitioner, the sentencing court, the county attorney's office that
17.21prosecuted the case, and any victims of the crime who requested notification. The hearing
17.22must be held on the record. Upon the approval of the commissioner, the petitioner may
17.23subpoena witnesses to appear at the hearing.
17.24(b) If the commissioner determines the person satisfies the criteria for conditional
17.25release, the commissioner shall release the person from incarceration no later than 14
17.26days after making a determination.
17.27(c) If the commissioner rejects the person's petition for release, the commissioner
17.28must specify in writing the reasons for the rejection. The person may not petition for
17.29release again until 24 months have elapsed since the rejection, unless the commissioner
17.30specifies a shorter time period.
17.31 Subd. 8. Criteria for release. (a) A person sentenced under this section shall not
17.32be released from incarceration unless it appears to the satisfaction of the commissioner
17.33that the person:
17.34(1) no longer poses a threat to the public;
17.35(2) is no longer in need of programming in a secure facility; and
17.36(3) is capable of reintegration with the general public.
18.1(b) The person seeking release has the burden of showing, by clear and convincing
18.2evidence, that the criteria in paragraph (a) have been met.
18.3 Subd. 9. Conditional release. (a) A person sentenced under this section shall serve,
18.4upon release from incarceration, a conditional release term. The conditional release term
18.5shall be the 60-year maximum term under this section less the amount of time actually
18.6served, but the term cannot be less than ten years.
18.7(b) The commissioner of corrections shall establish the conditions of release for a
18.8person granted conditional release.
18.9(c) The county attorney in the county where the conviction occurred, the person's
18.10conditional release agent, or any other interested party may file a petition with the court
18.11alleging that the person failed to satisfy any condition of release. If the court determines
18.12that a person has violated a condition of release, the court may order an appropriate
18.13sanction, including, but not limited to, incarcerating the person for a period specified by
18.14the court in a local or state correctional facility. The period may be of any duration up to
18.15the remainder of time left in the person's conditional release term.
18.16EFFECTIVE DATE.This section is effective July 1, 2013, and applies to crimes
18.17committed on or after that date.
18.18 Sec. 9. Minnesota Statutes 2010, section 626.8458, subdivision 5, is amended to read:
18.19 Subd. 5. In-service training in police pursuits required. The chief law
18.20enforcement officer of every state and local law enforcement agency shall provide
18.21in-service training in emergency vehicle operations and in the conduct of police pursuits
18.22to every peace officer and part-time peace officer employed by the agency who the
18.23chief law enforcement officer determines may be involved in a police pursuit given the
18.24officer's responsibilities. The training shall comply with learning objectives developed
18.25and approved by the board and shall consist of at least eight hours of classroom and
18.26skills-based training every
18.27 Sec. 10. Minnesota Statutes 2010, section 641.15, subdivision 2, is amended to read:
18.28 Subd. 2. Medical aid. Except as provided in section
18.29shall pay the costs of medical services provided to prisoners pursuant to this section.
18.30The amount paid by the
18.31maximum allowed medical assistance payment rate for the service, as determined by
18.32the commissioner of human services.
18.33or medical insurance or health plan that has a contractual obligation with the provider or
18.34the prisoner, medical providers shall charge no higher than the rate negotiated between
19.1the county and the provider. In the absence of an agreement between the county and the
19.2provider, the provider may not charge
19.3
19.4
19.5maximum allowed medical assistance payment rate for the service, as determined by
19.6the commissioner of human services. The county is entitled to reimbursement from the
19.7prisoner for payment of medical bills to the extent that the prisoner to whom the medical
19.8aid was provided has the ability to pay the bills. The prisoner shall, at a minimum, incur
19.9co-payment obligations for health care services provided by a county correctional facility.
19.10The county board shall determine the co-payment amount. Notwithstanding any law to the
19.11contrary, the co-payment shall be deducted from any of the prisoner's funds held by the
19.12county, to the extent possible. If there is a disagreement between the county and a prisoner
19.13concerning the prisoner's ability to pay, the court with jurisdiction over the defendant shall
19.14determine the extent, if any, of the prisoner's ability to pay for the medical services. If
19.15a prisoner is covered by health or medical insurance or other health plan when medical
19.16services are provided, the medical provider shall bill that health or medical insurance or
19.17other plan. If the county providing the medical services for a prisoner that has coverage
19.18under health or medical insurance or other plan, that county has a right of subrogation to
19.19be reimbursed by the insurance carrier for all sums spent by it for medical services to the
19.20prisoner that are covered by the policy of insurance or health plan, in accordance with the
19.21benefits, limitations, exclusions, provider restrictions, and other provisions of the policy or
19.22health plan. The county may maintain an action to enforce this subrogation right. The
19.23county does not have a right of subrogation against the medical assistance program or the
19.24general assistance medical care program.
19.25EFFECTIVE DATE.This section is effective July 1, 2011.
19.26 Sec. 11. JUVENILE JUSTICE REFORM ADVISORY TASK FORCE.
19.27 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
19.28and analyze issues related to juvenile justice reform. At a minimum, the task force shall
19.29examine the following issues and assess whether and how a change to law, rule, or practice
19.30would best serve public safety, address the needs of juvenile offenders, and promote
19.31cost-efficiency or cost-savings in the juvenile justice system:
19.32(1) the purpose and intent of the delinquency and child protection provisions of
19.33the Juvenile Court Act;
19.34(2) the age at which a juvenile who is alleged of committing a felony may be
19.35certified as an adult or prosecuted as an extended jurisdiction juvenile;
20.1(3) the minimum age at which a juvenile may be prosecuted for committing a
20.2delinquent act or a petty juvenile offense;
20.3(4) the age at which the juvenile court's jurisdiction over the following individuals
20.4should terminate: delinquent children, juvenile petty offenders, and extended jurisdiction
20.5juveniles;
20.6(5) laws relating to juvenile records, including data classifications, retention periods,
20.7expungement provisions, effect on future juvenile and adult sentencing, and restrictions on
20.8the release of records by different agencies and the courts;
20.9(6) laws which prevent youth involved with the CHIPs, juvenile justice, or adult
20.10court systems from later being employed in various jobs;
20.11(7) laws relating to continuances and stays of adjudication in juvenile delinquency
20.12cases, including length of continuance or stay, extensions, collateral consequences, and
20.13disposition of such cases; and
20.14(8) laws relating to diversion in juvenile cases, including eligibility, program
20.15components, and diversion alternatives.
20.16(b) In addition, the task force shall:
20.17(1) identify the types of dispositions, including treatment and counseling, that
20.18have been most and least successful in reforming and treating juvenile offenders and in
20.19deterring juvenile offenders from committing specific crimes; and
20.20(2) identify the types of dispositions, including treatment and counseling, that have
20.21been the most and least cost-effective in reforming, treating, and deterring juvenile
20.22offenders.
20.23(c) In its evaluation and analysis, the task force shall consider approaches taken
20.24by other states in these areas and may examine other issues that the task force or
20.25commissioner of corrections finds relevant.
20.26 Subd. 2. Membership. The task force consists of the following members:
20.27(1) the commissioner of corrections, or the commissioner's designee;
20.28(2) the commissioner of public safety, or the commissioner's designee;
20.29(3) the commissioner of human services, or the commissioner's designee;
20.30(4) the chairs and ranking minority members of the house of representatives and
20.31senate committees having jurisdiction over criminal justice policy, or their designees;
20.32(5) a county attorney selected by the Minnesota County Attorneys Association;
20.33(6) a representative from the Board of Public Defense, selected by that board;
20.34(7) a representative of the Minnesota Chiefs of Police Association;
20.35(8) a representative of the Minnesota Sheriffs Association;
20.36(9) a juvenile probation officer selected by the commissioner of corrections;
21.1(10) a member of the Juvenile Justice Advisory Committee, selected by that
21.2committee;
21.3(11) a member of the Juvenile Justice Coalition, selected by that coalition; and
21.4(12) a law professor who is knowledgeable in juvenile justice issues, selected by
21.5the commissioner of corrections.
21.6 Subd. 3. Meetings. The commissioner of corrections, or the commissioner's
21.7designee, shall convene the initial meeting of the task force. The members of the task
21.8force must elect a chair or co-chairs at the initial meeting. The task force shall meet
21.9sufficiently enough to accomplish the tasks identified in this section.
21.10 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
21.11terms, removal of members, and filling of vacancies on the task force shall be as provided
21.12in Minnesota Statutes, section 15.059. Members shall serve without compensation and
21.13expense reimbursement. The task force expires June 30, 2012.
21.14 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
21.15including any proposed legislative changes, to the chairs and ranking minority members
21.16of the house of representatives and senate committees with jurisdiction over criminal
21.17justice policy and funding.
21.18EFFECTIVE DATE.This section is effective the day following final enactment.
21.19 Sec. 12. SEX OFFENDER POLICY TASK FORCE.
21.20 Subdivision 1. Creation; duties. (a) A task force is established to study, evaluate,
21.21and analyze issues related to sex offenders. At a minimum, the task force shall examine
21.22and make recommendations on the following issues:
21.23(1) sex offender sentencing, including expanded use of indeterminate sentencing
21.24and implementation of section 8;
21.25(2) sex offender treatment, both in prison and in the community;
21.26(3) sex offender civil commitment, including less costly alternatives;
21.27(4) the effectiveness in cost and outcomes of the Minnesota sex offender program;
21.28(5) best practices for supervising sex offenders such as intensive supervised release,
21.29specialized caseloads, and other innovative methods; ideal caseload sizes for supervising
21.30agents; and methods to implement this in a manner that does not negatively impact the
21.31supervision of other types of offenders;
21.32(6) sex offender community notification and registration, including the effectiveness
21.33of posting offender information on the Internet; and
21.34(7) any other issues related to sex offender management and treatment that the task
21.35force deems appropriate.
22.1(b) In its evaluation and analysis, the task force shall consider approaches taken by
22.2other states in the areas in paragraph (a).
22.3 Subd. 2. Membership. The task force consists of the following members:
22.4(1) the commissioner of public safety, or the commissioner's designee;
22.5(2) the commissioner of corrections, or the commissioner's designee;
22.6(3) the commissioner of human services, or the commissioner's designee;
22.7(4) the chairs and ranking minority members of the house of representatives and
22.8senate committees having jurisdiction over public safety finance and human services
22.9finance, or their designees;
22.10(5) a county attorney, selected by the Minnesota County Attorneys Association;
22.11(6) one representative from the Board of Public Defense, selected by that board;
22.12(7) a representative of the Minnesota Chiefs of Police Association;
22.13(8) a representative of the Minnesota Sheriffs Association;
22.14(9) a probation officer, selected by the commissioner of corrections; and
22.15(10) a sex offender treatment provider who is privately employed, selected by the
22.16commissioner of human services.
22.17 Subd. 3. Meetings. The commissioner of public safety, or the commissioner's
22.18designee, shall convene the initial meeting of the task force and serve as the chair. The
22.19task force shall meet sufficiently enough to accomplish the tasks identified in this section.
22.20 Subd. 4. Terms; compensation; removal; vacancies. The expiration, membership
22.21terms, removal of members, and filling of vacancies on the task force shall be as provided
22.22in Minnesota Statutes, section 15.059. Members shall serve without compensation and
22.23expense reimbursement. The task force expires June 30, 2012.
22.24 Subd. 5. Report. By January 15, 2012, the task force shall submit its report,
22.25including any proposed legislative changes, to the chairs and ranking minority members of
22.26the house of representatives and senate committees with jurisdiction over public safety
22.27policy and finance and human services policy and finance.
22.28EFFECTIVE DATE.This section is effective the day following final enactment.
22.29 Sec. 13. ACQUISITION OF EASEMENT; MINNESOTA CORRECTIONAL
22.30FACILITY IN FARIBAULT.
22.31Notwithstanding Minnesota Statutes, section 16B.31, subdivision 5, the
22.32commissioner of administration may acquire an easement for utility and access purposes to
22.33serve the Minnesota correctional facility in the city of Faribault by any of the acquisition
22.34methods permitted by that subdivision even in the absence of a specific appropriation to
22.35the commissioner to acquire the easement.
23.1 Sec. 14. REPEALER.
23.2Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
23.3EFFECTIVE DATE.This section is effective July 1, 2011.
23.6 Section 1. Minnesota Statutes 2010, section 352.90, is amended to read:
23.7352.90 POLICY.
23.8It is the policy of the legislature to provide special retirement benefits for and special
23.9contributions by certain correctional employees who may be required to retire at an early
23.10age because they lose the mental or physical capacity required to maintain the safety,
23.11security, discipline, and custody of inmates at state correctional facilities
23.12the Minnesota Security Hospital, or of patients in the Minnesota sex offender program
23.13
23.14 Sec. 2. Minnesota Statutes 2010, section 352.91, subdivision 1, is amended to read:
23.15 Subdivision 1. Qualifying jobs. "Covered correctional service" means service
23.16performed by a state employee, as defined in section
23.17correctional facility, the Minnesota Security Hospital, or the Minnesota sex offender
23.18program as:
23.19(1) a corrections officer 1;
23.20(2) a corrections officer 2;
23.21(3) a corrections officer 3;
23.22
23.23
23.24
23.25
23.26
23.27
23.28(9) a group supervisor; or
23.29(10) a group supervisor assistant.
23.30 Sec. 3. Minnesota Statutes 2010, section 352.91, subdivision 3h, is amended to read:
23.31 Subd. 3h. Employment occupation name changes. (a) If the occupational title of a
23.32state employee covered by the Minnesota correctional employees retirement plan changes
24.1from the applicable title listed in subdivision 1,
24.2coverage by the correctional state employees retirement plan continues until the July 1
24.3next following the title change if the commissioner of management and budget certifies
24.4to the executive director of the Minnesota State Retirement System and to the executive
24.5director of the Legislative Commission on Pensions and Retirement that the duties,
24.6requirements, and responsibilities of the new occupational title are substantially identical
24.7to the duties, requirements, and responsibilities of the prior occupational title.
24.8(b) If the commissioner of management and budget does not certify a new
24.9occupational title under paragraph (a), eligibility for future correctional state employees
24.10retirement coverage terminates as of the start of the first payroll period next following the
24.11effective date of the occupational title change.
24.12(c) For consideration by the Legislative Commission on Pensions and Retirement
24.13during the legislative session next following an occupational title change involving a state
24.14employee in covered correctional service, the commissioner of management and budget
24.15shall submit the applicable draft proposed legislation reflecting the occupational title
24.16change covered by this section.
24.17 Sec. 4. MODIFICATION IN CERTAIN POSTRETIREMENT
24.18EMPLOYER-PAID HEALTH INSURANCE COVERAGE.
24.19Notwithstanding any provision to the contrary of any agreement under Minnesota
24.20Statutes, chapter 179A, for any member of the correctional state employees retirement
24.21plan of the Minnesota State Retirement System to be eligible for employer-paid health
24.22insurance coverage after retirement, the person must have at least ten years of covered
24.23correctional service credit under Minnesota Statutes, section 352.91, prior to the
24.24commencement of the retirement annuity under Minnesota Statutes, section 352.93.
24.25 Sec. 5. REPEALER.
24.26Minnesota Statutes 2010, section 352.91, subdivisions 2, 2a, 3c, 3d, 3e, 3f, 3g, 3i,
24.274a, and 4b, are repealed.
