Bill Text: MN SF878 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Honorary military service prior offense background check disqualification rescission and presumption of rehabilitation establishment
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2011-05-03 - Comm report: To pass as amended and re-refer to Judiciary and Public Safety [SF878 Detail]
Download: Minnesota-2011-SF878-Engrossed.html
1.2relating to veterans; requiring the commissioner of human services to rescind
1.3the disqualification of an individual from direct contact with persons receiving
1.4services from the holder of a license issued by the commissioner if the offenses
1.5requiring disqualification preceded the individual's honorable discharge from
1.6military service; establishing a presumption of rehabilitation through a person's
1.7honorable military service following a prior offense;amending Minnesota
1.8Statutes 2010, sections 245C.22, subdivision 2; 364.03, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 245C.22, subdivision 2, is amended to read:
1.11 Subd. 2. Incorrect information; rescission. (a) The commissioner shall rescind the
1.12disqualification if the commissioner finds that the information relied upon to disqualify
1.13the subject is incorrect.
1.14(b) Upon receipt of a certified copy of a United States Department of Defense form
1.15DD-214 from a disqualified individual, the commissioner shall rescind the disqualification
1.16if the disqualification is based solely on one or more offenses that preceded the subject's
1.17honorable discharge or separation under honorable conditions from the United States
1.18armed forces for miliary services.
1.19 Sec. 2. Minnesota Statutes 2010, section 364.03, subdivision 3, is amended to read:
1.20 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
1.21crime or crimes which directly relate to the public employment sought or to the occupation
1.22for which a license is sought shall not be disqualified from the employment or occupation
1.23if the person can show competent evidence of sufficient rehabilitation and present fitness
1.24to perform the duties of the public employment sought or the occupation for which the
1.25license is sought.Sufficient Competent evidence of sufficient rehabilitation may be
2.1established by the production of a certified copy of a United States Department of Defense
2.2form DD-214 showing the person's honorable discharge, or separation under honorable
2.3conditions, from the United States armed forces for military service rendered following
2.4conviction for any crime that would otherwise disqualify the person from the public
2.5employment sought or the occupation for which the license is sought, or:
2.6(1) a copy of the local, state, or federal release order; and
2.7(2) evidence showing that at least one year has elapsed since release from any local,
2.8state, or federal correctional institution without subsequent conviction of a crime; and
2.9evidence showing compliance with all terms and conditions of probation or parole; or
2.10(3) a copy of the relevant Department of Corrections discharge order or other
2.11documents showing completion of probation or parole supervision.
2.12(b) In addition to the documentary evidence presented, the licensing or hiring
2.13authority shall consider any evidence presented by the applicant regarding:
2.14(1) the nature and seriousness of the crime or crimes for which convicted;
2.15(2) all circumstances relative to the crime or crimes, including mitigating
2.16circumstances or social conditions surrounding the commission of the crime or crimes;
2.17(3) the age of the person at the time the crime or crimes were committed;
2.18(4) the length of time elapsed since the crime or crimes were committed; and
2.19(5) all other competent evidence of rehabilitation and present fitness presented,
2.20including, but not limited to, letters of reference by persons who have been in contact with
2.21the applicant since the applicant's release from any local, state, or federal correctional
2.22institution.
2.23(c) The certified copy of a person's United States Department of Defense form
2.24DD-214 showing the person's honorable discharge, or separation under honorable
2.25conditions, from the United States armed forces ceases to qualify as competent evidence
2.26of sufficient rehabilitation for purposes of this section upon the person's conviction for any
2.27gross misdemeanor or felony crime committed by the person subsequent to the effective
2.28date of that honorable discharge or separation from military service.
1.3the disqualification of an individual from direct contact with persons receiving
1.4services from the holder of a license issued by the commissioner if the offenses
1.5requiring disqualification preceded the individual's honorable discharge from
1.6military service; establishing a presumption of rehabilitation through a person's
1.7honorable military service following a prior offense;amending Minnesota
1.8Statutes 2010, sections 245C.22, subdivision 2; 364.03, subdivision 3.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.10 Section 1. Minnesota Statutes 2010, section 245C.22, subdivision 2, is amended to read:
1.11 Subd. 2. Incorrect information; rescission. (a) The commissioner shall rescind the
1.12disqualification if the commissioner finds that the information relied upon to disqualify
1.13the subject is incorrect.
1.14(b) Upon receipt of a certified copy of a United States Department of Defense form
1.15DD-214 from a disqualified individual, the commissioner shall rescind the disqualification
1.16if the disqualification is based solely on one or more offenses that preceded the subject's
1.17honorable discharge or separation under honorable conditions from the United States
1.18armed forces for miliary services.
1.19 Sec. 2. Minnesota Statutes 2010, section 364.03, subdivision 3, is amended to read:
1.20 Subd. 3. Evidence of rehabilitation. (a) A person who has been convicted of a
1.21crime or crimes which directly relate to the public employment sought or to the occupation
1.22for which a license is sought shall not be disqualified from the employment or occupation
1.23if the person can show competent evidence of sufficient rehabilitation and present fitness
1.24to perform the duties of the public employment sought or the occupation for which the
1.25license is sought.
2.1established by the production of a certified copy of a United States Department of Defense
2.2form DD-214 showing the person's honorable discharge, or separation under honorable
2.3conditions, from the United States armed forces for military service rendered following
2.4conviction for any crime that would otherwise disqualify the person from the public
2.5employment sought or the occupation for which the license is sought, or:
2.6(1) a copy of the local, state, or federal release order; and
2.7(2) evidence showing that at least one year has elapsed since release from any local,
2.8state, or federal correctional institution without subsequent conviction of a crime; and
2.9evidence showing compliance with all terms and conditions of probation or parole; or
2.10(3) a copy of the relevant Department of Corrections discharge order or other
2.11documents showing completion of probation or parole supervision.
2.12(b) In addition to the documentary evidence presented, the licensing or hiring
2.13authority shall consider any evidence presented by the applicant regarding:
2.14(1) the nature and seriousness of the crime or crimes for which convicted;
2.15(2) all circumstances relative to the crime or crimes, including mitigating
2.16circumstances or social conditions surrounding the commission of the crime or crimes;
2.17(3) the age of the person at the time the crime or crimes were committed;
2.18(4) the length of time elapsed since the crime or crimes were committed; and
2.19(5) all other competent evidence of rehabilitation and present fitness presented,
2.20including, but not limited to, letters of reference by persons who have been in contact with
2.21the applicant since the applicant's release from any local, state, or federal correctional
2.22institution.
2.23(c) The certified copy of a person's United States Department of Defense form
2.24DD-214 showing the person's honorable discharge, or separation under honorable
2.25conditions, from the United States armed forces ceases to qualify as competent evidence
2.26of sufficient rehabilitation for purposes of this section upon the person's conviction for any
2.27gross misdemeanor or felony crime committed by the person subsequent to the effective
2.28date of that honorable discharge or separation from military service.
