Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4461
STATE OF MINNESOTA
EIGHTY-FOURTH SESSION - 2005
_____________________
SIXTY-SIXTH DAY
Saint Paul, Minnesota, Monday, May 23, 2005
The House of Representatives convened at 9:00 a.m. and was
called to order by Steve Sviggum, Speaker of the House.
Prayer was offered by the Reverend Lonnie E. Titus, House
Chaplain.
The members of the House gave the pledge of allegiance to the
flag of the United States of America.
The roll was called and the following members were present:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorman
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Goodwin
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
A quorum was present.
Carlson was excused until 9:20 a.m. Olson was excused until
9:30 a.m. Mariani was excused until 9:40 a.m. Juhnke and Walker were excused
until 1:00 p.m.
The Chief Clerk proceeded to read the Journal of the preceding
day. Garofalo moved that further reading of the Journal be suspended and that
the Journal be approved as corrected by the Chief Clerk. The motion prevailed.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4462
MESSAGES FROM THE SENATE
The following messages were received from
the Senate:
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following House File, herewith returned:
H. F. No. 675, A bill for an act relating
to health; modifying the hospice care bill of rights; requiring hospice
providers to complete a specified survey; modifying death report requirements
for recipients of hospice care; amending Minnesota Statutes 2004, sections
144A.751, subdivisions 1, 3; 144A.755; 383B.225, subdivision 5.
Patrick E. Flahaven, Secretary
of the Senate
Mr.
Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 225, A bill for an act relating
to government data; making technical, conforming, and clarifying changes to the
Minnesota Government Data Practices Act; defining terms; modifying certain
civil penalty and damages amounts; classifying, regulating, and reviewing
access to and dissemination of certain data; providing notice of breaches in
security; regulating certain fees; providing for the conduct of certain board
and council meetings; modifying provisions regulating motor vehicle and driver
applications and records; modifying vehicle accident reports and procedures;
providing for treatment of data held by the comprehensive incident-based
reporting system; amending Minnesota Statutes 2004, sections 11A.24,
subdivision 6; 13.01, subdivisions 1, 3; 13.02, subdivision 7; 13.03,
subdivisions 1, 2, 3, 4, 5, 6, 8; 13.04, subdivisions 2, 4; 13.05, subdivisions
1, 4, 6, 7, 8, 9; 13.06, subdivisions 1, 2, 3, 4; 13.07; 13.072, subdivision 4;
13.073, subdivision 3; 13.08, subdivisions 1, 2, 4, 5; 13.32, by adding a
subdivision; 13.37, subdivisions 1, 2, 3; 13.3805, by adding a subdivision;
13.43, subdivisions 1, 2, 3; 13.46, subdivision 4; 13.591, by adding
subdivisions; 13.601, by adding a subdivision; 13.635, by adding a subdivision;
13.72, by adding subdivisions; 13.82, subdivisions 1, 16; 16C.06, subdivision
5; 116J.68, by adding a subdivision; 116L.03, by adding a subdivision;
116L.665, by adding a subdivision; 116M.15, by adding a subdivision; 116U.25;
168.346; 168A.04, by adding a subdivision; 169.09, subdivisions 1, 2, 3, 4, 5,
6, 7, 8, 9, 11, 12, 14, 15, by adding subdivisions; 171.07, subdivisions 1, 3;
171.12, subdivision 7; proposing coding for new law in Minnesota Statutes,
chapters 13; 41A; 299C; repealing Minnesota Statutes 2004, sections 13.04,
subdivision 5; 169.09, subdivision 10; 170.55.
The Senate has appointed as such
committee:
Senators Skoglund, Betzold and Limmer.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4463
Mr. Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 874, A bill for an act relating
to elections; providing for approval and purpose of certain voting equipment;
appropriating money; amending Minnesota Statutes 2004, sections 201.022, by
adding a subdivision; 206.80; proposing coding for new law in Minnesota
Statutes, chapter 206.
The Senate has appointed as such
committee:
Senators Higgins, Marty and Kleis.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 894, A bill for an act relating
to waters; modifying authority for public waters inventory; modifying public
waters work permit and water use permit provisions; modifying enforcement
authority; modifying a restriction on private land sale in Scott County;
amending Minnesota Statutes 2004, sections 103G.201; 103G.2372, subdivision 1;
103G.245, subdivision 4; 103G.251, subdivision 2; 103G.301, subdivision 2; Laws
2003, First Special Session chapter 13, section 25.
The Senate has appointed as such
committee:
Senators Frederickson, Bakk and Saxhaug.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
Mr. Speaker:
I hereby announce that the Senate accedes
to the request of the House for the appointment of a Conference Committee on
the amendments adopted by the Senate to the following House File:
H. F. No. 987, A bill for an act relating
to child safety; prohibiting the sale and commercial use of certain cribs;
providing enforcement; proposing coding for new law in Minnesota Statutes,
chapters 245A; 325F.
The Senate has appointed as such
committee:
Senators Anderson, Scheid and Belanger.
Said House File is herewith returned to
the House.
Patrick E. Flahaven, Secretary
of the Senate
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4464
Mr. Speaker:
I hereby announce that the Senate accedes to the request of the
House for the appointment of a Conference Committee on the amendments adopted
by the Senate to the following House File:
H. F. No. 1915, A bill for an act relating to health; providing
an exception to the hospital construction moratorium; amending Minnesota
Statutes 2004, section 144.551, subdivision 1.
The Senate has appointed as such committee:
Senators Limmer, Berglin and Scheid.
Said House File is herewith returned to the House.
Patrick
E. Flahaven,
Secretary of the Senate
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 630, A bill for an act relating to civil law;
increasing fees related to marriage and child support; reforming law relating
to child support; establishing criteria for support obligations; defining
parents' rights and responsibilities; appropriating money; amending Minnesota
Statutes 2004, sections 357.021, subdivisions 1a, 2; 518.005, by adding a
subdivision; 518.54; 518.55, subdivision 4; 518.551, subdivisions 5, 5b;
518.62; 518.64, subdivision 2, by adding subdivisions; 518.68, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapter 518; repealing
Minnesota Statutes 2004, sections 518.171; 518.54, subdivisions 2, 4, 4a;
518.551, subdivisions 1, 5a, 5c, 5f.
The Senate respectfully requests that a Conference Committee be
appointed thereon. The Senate has appointed as such committee:
Senators Neuville, Betzold and Berglin.
Said Senate File is herewith transmitted to the House with the
request that the House appoint a like committee.
Patrick
E. Flahaven,
Secretary of the Senate
Smith moved that the House accede to the request of the Senate
and that the Speaker appoint a Conference Committee of 3 members of the House
to meet with a like committee appointed by the Senate on the disagreeing votes
of the two houses on S. F. No. 630. The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate refuses to concur in the
House amendments to the following Senate File:
S. F. No. 1555, A bill for an act relating
to gambling; amending various provisions relating to lawful gambling; amending
and providing definitions; making technical, clarifying, and conforming
changes; amending Minnesota Statutes 2004, sections 349.12, subdivisions 5, 25,
33, by adding subdivisions; 349.15, subdivision 1; 349.151,
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4465
subdivisions 4, 4b;
349.152, subdivision 2; 349.153; 349.155, subdivision 3; 349.16, subdivisions
2, 8; 349.161, subdivision 5; 349.162, subdivisions 1, 4, 5; 349.163,
subdivision 3; 349.1635, subdivision 4; 349.166, subdivisions 1, 2; 349.167,
subdivision 1; 349.168, subdivision 8; 349.17, subdivisions 5, 7; 349.1711,
subdivision 1; 349.173; 349.18, subdivision 1; 349.19, subdivisions 4, 5, 10;
349.211, subdivision 2c; 349.2125, subdivision 1; 349.213; 609.75, subdivision
1; repealing Minnesota Statutes 2004, sections 349.162, subdivision 3; 349.164;
349.17, subdivision 1.
The Senate respectfully requests that a
Conference Committee be appointed thereon. The Senate has appointed as such
committee:
Senators Rest, Vickerman and Kleis.
Said Senate File is herewith transmitted
to the House with the request that the House appoint a like committee.
Patrick E. Flahaven, Secretary
of the Senate
Hackbarth moved that the House accede to
the request of the Senate and that the Speaker appoint a Conference Committee
of 3 members of the House to meet with a like committee appointed by the Senate
on the disagreeing votes of the two houses on S. F. No. 1555.
The motion prevailed.
Mr. Speaker:
I hereby announce that the Senate has
concurred in and adopted the report of the Conference Committee on:
S. F. No. 917, A bill for an act relating
to health; providing for grants related to positive abortion alternatives;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 145.
The Senate has repassed said bill in
accordance with the recommendation and report of the Conference Committee. Said
Senate File is herewith transmitted to the House.
Patrick E. Flahaven, Secretary
of the Senate
CONFERENCE COMMITTEE REPORT ON S. F.
NO. 917
A bill for an act relating to health;
providing for grants related to positive abortion alternatives; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 145.
May 21, 2005
The
Honorable James P. Metzen
President of
the Senate
The
Honorable Steve Sviggum
Speaker of
the House of Representatives
We, the undersigned conferees for S. F.
No. 917, report that we have agreed upon the items in dispute and recommend as
follows:
That the House recede from its amendment
and that S. F. No. 917 be further amended as follows:
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4466
Delete everything after the
enacting clause and insert:
"Section 1. [SHORT TITLE.]
This act may be cited as the
"Positive Alternatives Act."
Sec. 2. [145.4235] [POSITIVE ABORTION
ALTERNATIVES.]
Subdivision 1. [DEFINITIONS.] For
purposes of this section, the following terms have the meanings given:
(1) "abortion" means the use
of any means to terminate the pregnancy of a woman known to be pregnant with
knowledge that the termination with those means will, with reasonable likelihood,
cause the death of the unborn child. For purposes of this section, abortion
does not include an abortion necessary to prevent the death of the mother;
(2) "nondirective counseling"
means providing clients with:
(i) a list of health care providers and
social service providers that provide prenatal care, childbirth care, infant
care, foster care, adoption services, alternatives to abortion, or abortion
services; and
(ii) nondirective, nonmarketing
information regarding such providers; and
(3) "unborn child" means a
member of the species Homo sapiens from fertilization until birth.
Subd. 2. [ELIGIBILITY FOR GRANTS.] (a)
The commissioner shall award grants to eligible applicants under paragraph (c)
for the reasonable expenses of alternatives to abortion programs to support,
encourage, and assist women in carrying their pregnancies to term and caring
for their babies after birth by providing information on, referral to, and
assistance with securing necessary services that enable women to carry their
pregnancies to term and care for their babies after birth. Necessary services
must include, but are not limited to:
(1) medical care;
(2) nutritional services;
(3) housing assistance;
(4) adoption services;
(5) education and employment
assistance, including services that support the continuation and completion of
high school;
(6) child care assistance; and
(7) parenting education and support
services.
An
applicant may not provide or assist a woman to obtain adoption services from a
provider of adoption services that is not licensed.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4467
(b) In addition to providing
information and referral under paragraph (a), an eligible program may provide
one or more of the necessary services under paragraph (a) that assists women in
carrying their pregnancies to term. To avoid duplication of efforts, grantees
may refer to other public or private programs, rather than provide the care
directly, if a woman meets eligibility criteria for the other programs.
(c) To be eligible for a grant, an
agency or organization must:
(1) be a private, nonprofit organization;
(2) demonstrate that the program is
conducted under appropriate supervision;
(3) not charge women for services
provided under the program;
(4) provide each pregnant woman
counseled with accurate information on the developmental characteristics of
babies and of unborn children, including offering the printed information
described in section 145.4243;
(5) ensure that its
alternatives-to-abortion program's purpose is to assist and encourage women in
carrying their pregnancies to term and to maximize their potentials thereafter;
(6) ensure that none of the money
provided is used to encourage or affirmatively counsel a woman to have an
abortion not necessary to prevent her death, to provide her an abortion, or to
directly refer her to an abortion provider for an abortion. The agency or
organization may provide nondirective counseling; and
(7) have had the alternatives to
abortion program in existence for at least one year as of July 1, 2005; or
incorporated an alternative to abortion program that has been in existence for
at least one year as of July 1, 2005.
(d) The provisions, words, phrases, and
clauses of paragraph (c) are inseverable from this subdivision, and if any
provision, word, phrase, or clause of paragraph (c) or its application to any
person or circumstance is held invalid, the invalidity applies to all of this
subdivision.
(e) An organization that provides
abortions, promotes abortions, or directly refers to an abortion provider for
an abortion is ineligible to receive a grant under this program. An affiliate
of an organization that provides abortions, promotes abortions, or directly
refers to an abortion provider for an abortion is ineligible to receive a grant
under this section unless the organizations are separately incorporated and
independent from each other. To be independent, the organizations may not share
any of the following:
(1) the same or a similar name;
(2) medical facilities or nonmedical
facilities, including but not limited to, business offices, treatment rooms,
consultation rooms, examination rooms, and waiting rooms;
(3) expenses;
(4) employee wages or salaries; or
(5) equipment or supplies, including
but not limited to, computers, telephone systems, telecommunications equipment,
and office supplies.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4468
(f) An organization that
receives a grant under this section and that is affiliated with an organization
that provides abortion services must maintain financial records that
demonstrate strict compliance with this subdivision and that demonstrate that
its independent affiliate that provides abortion services receives no direct or
indirect economic or marketing benefit from the grant under this section.
(g) The commissioner shall approve any
information provided by a grantee on the health risks associated with abortions
to ensure that the information is medically accurate.
Subd. 3. [PRIVACY PROTECTION.] (a)
Any program receiving a grant under this section must have a privacy policy and
procedures in place to ensure that the name, address, telephone number, or any
other information that might identify any woman seeking the services of the
program is not made public or shared with any other agency or organization
without the written consent of the woman. All communications between the
program and the woman must remain confidential. For purposes of any medical care
provided by the program, including, but not limited to, pregnancy tests or
ultrasonic scanning, the program must adhere to the requirements in section
144.335 that apply to providers before releasing any information relating to
the medical care provided.
(b) Notwithstanding paragraph (a), the
commissioner has access to any information necessary to monitor and review a
grantee's program as required under subdivision 4.
Subd. 4. [DUTIES OF COMMISSIONER.] The
commissioner shall make grants under subdivision 2 beginning no later than July
1, 2006. In awarding grants, the commissioner shall consider the program's
demonstrated capacity in providing services to assist a pregnant woman in
carrying her pregnancy to term. The commissioner shall monitor and review the
programs of each grantee to ensure that the grantee carefully adheres to the
purposes and requirements of subdivision 2 and shall cease funding a grantee
that fails to do so.
Subd. 5. [SEVERABILITY.] Except
as provided in subdivision 2, paragraph (d), if any provision, word, phrase, or
clause of this section or its application to any person or circumstance is held
invalid, such invalidity shall not affect the provisions, words, phrases,
clauses, or applications of this section that can be given effect without the
invalid provision, word, phrase, clause, or application and to this end, the
provisions, words, phrases, and clauses of this section are severable.
Subd. 6. [SUPREME COURT
JURISDICTION.] The Minnesota Supreme Court has original jurisdiction over an
action challenging the constitutionality of this section and shall expedite the
resolution of the action.
Sec. 3. [APPROPRIATIONS; COMMUNITY HEALTH
AND FAMILY PROMOTION.]
$2,500,000 is appropriated from the
general fund to the commissioner of health for positive abortion alternatives
under new Minnesota Statutes, section 127A.145. Of this amount, $50,000 is
available for the fiscal year ending June 30, 2006, and $100,000 is available
for the fiscal year ending June 30, 2007, for administrative costs of
implementing the grant program. The balance of the appropriation is available
for the fiscal year ending June 30, 2007. The base funding for fiscal years
2008 and 2009 is $2,500,000 per year."
We request adoption of this report and
repassage of the bill.
Senate Conferees: Dallas C. Sams, LeRoy A. Stumpf, Ann H. Rest and Thomas M. Neuville.
House
Conferees: Brad Finstad, Mary Liz
Holberg, Tim Wilkin, Joyce Peppin and Mary Ellen Otremba.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4469
Finstad moved that the report of
the Conference Committee on S. F. No. 917 be adopted and that
the bill be repassed as amended by the Conference Committee. The motion
prevailed.
S. F. No. 917, A bill for an act relating
to health; providing for grants related to positive abortion alternatives;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 145.
The bill was read for the third time, as
amended by Conference, and placed upon its repassage.
The question was taken on the repassage of
the bill and the roll was called. There were 112 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Bradley
Brod
Buesgens
Carlson
Charron
Cornish
Cox
Cybart
Davids
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Emmer
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Gunther
Hackbarth
Hamilton
Hansen
Heidgerken
Hilstrom
Holberg
Hoppe
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Liebling
Lieder
Lillie
Magnus
Mahoney
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thissen
Tingelstad
Urdahl
Vandeveer
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who voted in the negative were:
Clark
Davnie
Entenza
Goodwin
Greiling
Hausman
Hilty
Hornstein
Johnson, S.
Kahn
Kelliher
Lesch
Loeffler
Paymar
Sieben
Thao
Wagenius
The bill was repassed, as amended by
Conference, and its title agreed to.
Mr.
Speaker:
I hereby announce the passage by the
Senate of the following Senate Files, herewith transmitted:
S. F. Nos. 1272, 1084 and 1218.
Patrick E. Flahaven, Secretary
of the Senate
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4470
FIRST READING OF SENATE BILLS
S. F. No. 1272, A bill for an act relating
to state government; adding an ex officio member to the Indian Affairs Council;
amending Minnesota Statutes 2004, section 3.922, subdivision 1.
The bill was read for the first time.
Tingelstad moved that S. F. No. 1272 and
H. F. No. 1340, now on the General Register, be referred to the Chief Clerk for
comparison. The motion prevailed.
S. F. No. 1084, A bill for an act relating
to public employment; modifying pay equity reporting requirements for political
subdivisions; amending Minnesota Statutes 2004, section 471.999.
The bill was read for the first time.
MOTION TO SUSPEND RULES
Pursuant to Article IV, Section 19, of the
Constitution of the state of Minnesota, Kahn moved that the rule therein be
suspended and an urgency be declared so that S. F. No. 1084 be
given its second and third readings and be placed upon its final passage. The
motion did not prevail.
Kahn moved that S. F. No. 1084 and H. F.
No. 1525, now on the Calendar for the Day, be referred to the Chief Clerk for
comparison. The motion prevailed.
FIRST READING OF SENATE
BILLS, Continued
S. F. No. 1218, A memorial resolution
asking the residents of Minnesota for tolerance of different views on animal
agriculture production practices; making 2005 the year the Minnesota feedlot
war ended, and the mark of the beginning of a new era for Minnesota livestock
farmers characterized by peace, love, harmony, and acceptance of diversity.
The bill was read for the first time and
referred to the Committee on Agriculture, Environment and Natural Resources
Finance.
ANNOUNCEMENTS BY THE SPEAKER
The Speaker announced the appointment of
the following members of the House to a Conference Committee on
S. F. No. 630:
Smith, Eastlund and Mahoney.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4471
The Speaker announced the
appointment of the following members of the House to a Conference Committee on
S. F. No. 1555:
Hackbarth, Westerberg and Thissen.
There being no objection, the order of
business reverted to Introduction and First Reading of House Bills.
INTRODUCTION AND FIRST
READING OF HOUSE BILLS
The following House Files were introduced:
Tingelstad; Sviggum; Kelliher; Hilstrom;
Peterson, N.; Hornstein and Samuelson introduced:
H. F. No. 2552, A bill for an act relating
to metropolitan government; providing for planning, construction, and operation
of commuter rail lines located in whole or in part within metropolitan area;
amending Minnesota Statutes 2004, section 174.82; proposing coding for new law
in Minnesota Statutes, chapter 473.
The bill was read for the first time and
referred to the Committee on Governmental Operations and Veterans Affairs.
Thissen; Buesgens; Larson; Hornstein;
Wilkin; Davnie; Wagenius; Hansen; Johnson, S.; Lenczewski; Wardlow; Krinkie and
Atkins introduced:
H. F. No. 2553, A bill for an act relating
to metropolitan government; including the Metropolitan Airports Commission in
the oversight responsibilities of the Legislative Commission on Metropolitan
Government; amending Minnesota Statutes, section 3.8841, subdivisions 1, 8, 9.
The bill was read for the first time and
referred to the Committee on Local Government.
Wilkin and Johnson, J., introduced:
H. F. No. 2554, A bill for an act relating
to consumer protection; providing a procedure to block the reporting of
information in a consumer credit report in cases of identity theft; proposing
coding for new law in Minnesota Statutes, chapter 13C.
The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
Wilkin and Johnson, J., introduced:
H. F. No. 2555, A bill for an act relating
to consumer protection; regulating credit card offers and solicitations;
requiring address corrections; proposing coding for new law in Minnesota
Statutes, chapter 325G.
The bill was read for the first time and
referred to the Committee on Commerce and Financial Institutions.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4472
Wardlow, Hansen and Sieben
introduced:
H. F. No. 2556, A bill for an act relating
to capital improvements; authorizing the issuance of state bonds; appropriating
money for construction of affordable assisted living housing in Dakota County.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
Cybart, McNamara, Sieben, Ozment and
Wardlow introduced:
H. F. No. 2557, A bill for an act relating
to capital improvements; authorizing the issuance of state bonds; appropriating
money for Empire Wetlands Wildlife Area and Regional Park in Dakota County.
The bill was read for the first time and
referred to the Committee on Agriculture, Environment and Natural Resources
Finance.
Powell, Hansen, Cybart and Wardlow
introduced:
H. F. No. 2558, A bill for an act relating
to capital improvements; authorizing the issuance of state bonds; appropriating
money for a public safety support center in Dakota County.
The bill was read for the first time and
referred to the Committee on Public Safety Policy and Finance.
Cybart, Wilkin, Wardlow and Sieben
introduced:
H. F. No. 2559, A bill for an act relating
to capital improvements; authorizing issuance of state bonds and appropriating
money for Cedar Avenue transit way.
The bill was read for the first time and
referred to the Committee on Transportation Finance.
McNamara, Atkins, Hansen and Wilkin
introduced:
H. F. No. 2560, A bill for an act relating
to capital improvements; authorizing the issuance of state bonds; appropriating
money for development of contaminated sites in Dakota County for green space
and affordable housing.
The bill was read for the first time and
referred to the Committee on Jobs and Economic Opportunity Policy and Finance.
Atkins, Hansen, McNamara and Sieben
introduced:
H. F. No. 2561, A bill for an act relating
to capital improvements; authorizing the issuance of state bonds; appropriating
money for a study of regional travel demand between Washington County and
Dakota County.
The bill was read for the first time and
referred to the Committee on Transportation Finance.
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Ozment, McNamara and Atkins
introduced:
H. F. No. 2562, A bill for an act relating to capital
improvements; authorizing the issuance of state bonds; appropriating money for
dam safety capital improvements at the Byllesby Dam.
The bill was read for the first time and referred to the
Committee on Agriculture, Environment and Natural Resources Finance.
The following Conference Committee Report was received:
CONFERENCE COMMITTEE REPORT
ON H. F. NO. 1809
A bill for an act relating to insurance; regulating agency
terminations, coverages, fees, forms, disclosures, reports, information
security, and premiums; amending Minnesota Statutes 2004, sections 60A.14,
subdivision 1; 60A.171, subdivision 11; 60A.23, subdivision 8; 60A.966;
60A.969; 62A.136; 62A.31, subdivision 1h; 62A.315; 62A.316; 62E.12; 62E.13,
subdivision 2; 62Q.471; 62Q.65; 65A.29, subdivision 11; 65B.48, subdivision 3;
72A.20, subdivisions 13, 36; 79.211, by adding a subdivision; 79.40; 79.56, subdivisions
1, 3; 79.62, subdivision 3; 79A.03, subdivision 9; 79A.04, subdivisions 2, 10;
79A.06, subdivision 5; 79A.12, subdivision 2; 79A.22, subdivision 11, by adding
a subdivision; 123A.21, by adding a subdivision; 176.191, subdivision 3; Laws
1985, chapter 85, section 1; proposing coding for new law in Minnesota
Statutes, chapters 60A; 60D; 65A; 65B; repealing Minnesota Statutes 2004,
sections 61A.072, subdivision 2; 62E.03.
May 21, 2005
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 1809, report that
we have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No.
1809 be further amended as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2004, section 60A.14,
subdivision 1, is amended to read:
Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In addition
to the fees and charges provided for examinations, the following fees must be
paid to the commissioner for deposit in the general fund:
(a) by township mutual fire insurance companies;
(1) for filing certificate of incorporation $25 and amendments thereto,
$10;
(2) for filing annual statements, $15;
(3) for each annual certificate of authority, $15;
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(4) for filing bylaws $25 and
amendments thereto, $10;
(b) by other domestic and foreign companies including
fraternals and reciprocal exchanges;
(1) for filing certified copy of certificate of articles of
incorporation, $100;
(2) for filing annual statement, $225;
(3) for filing certified copy of amendment to certificate or
articles of incorporation, $100;
(4) for filing bylaws, $75 or amendments thereto, $75;
(5) for each company's certificate of authority, $575,
annually;
(c) the following general fees apply:
(1) for each certificate, including certified copy of
certificate of authority, renewal, valuation of life policies, corporate
condition or qualification, $25;
(2) for each copy of paper on file in the commissioner's office
50 cents per page, and $2.50 for certifying the same;
(3) for license to procure insurance in unadmitted foreign
companies, $575;
(4) for valuing the policies of life insurance companies, one cent
per $1,000 of insurance so valued, provided that the fee shall not exceed
$13,000 per year for any company. The commissioner may, in lieu of a valuation
of the policies of any foreign life insurance company admitted, or applying for
admission, to do business in this state, accept a certificate of valuation from
the company's own actuary or from the commissioner of insurance of the state or
territory in which the company is domiciled;
(5) for receiving and filing certificates of policies by the
company's actuary, or by the commissioner of insurance of any other state or
territory, $50;
(6) for each appointment of an agent filed with the
commissioner, $10;
(7) for filing forms and rates, $75 $90 per
filing, which or $75 per filing when submitted via electronic filing
system. Filing fees may be paid on a quarterly basis in response to an
invoice. Billing and payment may be made electronically;
(8) for annual renewal of surplus lines insurer license, $300;
(9) $250 filing fee for a large risk alternative rating
option plan that meets the $250,000 threshold requirement.
The commissioner shall adopt rules to define filings that are
subject to a fee.
Sec. 2. Minnesota Statutes 2004, section 60A.171, subdivision
11, is amended to read:
Subd. 11. Upon termination of an agency, a
company is prohibited from soliciting business in the notice of nonrenewal
required by section 60A.37. If termination of an agency contract is the
ground for nonrenewal of a policy of homeowner's insurance, as defined in
section 65A.27, subdivision 4, the company must provide notice to the
policyholder that the policy is not being renewed due to the termination of the
company's contract with the
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agency. If the
agency is unable to replace the homeowner's insurance policy with a suitable
policy from another insurer, the agent must notify the policyholder of the
policyholder's right to renew with the company terminating the agency contract.
The company must renew the policy if the insured or the insured's agent makes a
written request for the renewal before the renewal date.
Sec. 3. Minnesota Statutes 2004, section
60A.23, subdivision 8, is amended to read:
Subd. 8. [SELF-INSURANCE OR INSURANCE PLAN
ADMINISTRATORS WHO ARE VENDORS OF RISK MANAGEMENT SERVICES.] (1) [SCOPE.] This subdivision
applies to any vendor of risk management services and to any entity which
administers, for compensation, a self-insurance or insurance plan. This
subdivision does not apply (a) to an insurance company authorized to transact
insurance in this state, as defined by section 60A.06, subdivision 1, clauses
(4) and (5); (b) to a service plan corporation, as defined by section 62C.02,
subdivision 6; (c) to a health maintenance organization, as defined by section
62D.02, subdivision 4; (d) to an employer directly operating a self-insurance
plan for its employees' benefits; (e) to an entity which administers a program
of health benefits established pursuant to a collective bargaining agreement
between an employer, or group or association of employers, and a union or
unions; or (f) to an entity which administers a self-insurance or insurance
plan if a licensed Minnesota insurer is providing insurance to the plan and if
the licensed insurer has appointed the entity administering the plan as one of
its licensed agents within this state.
(2) [DEFINITIONS.] For purposes of this
subdivision the following terms have the meanings given them.
(a) "Administering a self-insurance
or insurance plan" means (i) processing, reviewing or paying claims, (ii)
establishing or operating funds and accounts, or (iii) otherwise providing
necessary administrative services in connection with the operation of a
self-insurance or insurance plan.
(b) "Employer" means an
employer, as defined by section 62E.02, subdivision 2.
(c) "Entity" means any
association, corporation, partnership, sole proprietorship, trust, or other
business entity engaged in or transacting business in this state.
(d) "Self-insurance or insurance
plan" means a plan providing life, medical or hospital care, accident,
sickness or disability insurance for the benefit of employees or members of an
association, or a plan providing liability coverage for any other risk or
hazard, which is or is not directly insured or provided by a licensed insurer,
service plan corporation, or health maintenance organization.
(e) "Vendor of risk management
services" means an entity providing for compensation actuarial, financial
management, accounting, legal or other services for the purpose of designing
and establishing a self-insurance or insurance plan for an employer.
(3) [LICENSE.] No vendor of risk
management services or entity administering a self-insurance or insurance plan
may transact this business in this state unless it is licensed to do so by the
commissioner. An applicant for a license shall state in writing the type of
activities it seeks authorization to engage in and the type of services it
seeks authorization to provide. The license may be granted only when the
commissioner is satisfied that the entity possesses the necessary organization,
background, expertise, and financial integrity to supply the services sought to
be offered. The commissioner may issue a license subject to restrictions or
limitations upon the authorization, including the type of services which may be
supplied or the activities which may be engaged in. The license fee is $1,000
$1,500 for the initial application and $1,000 $1,500 for
each two-year three-year renewal. All licenses are for a period
of two three years.
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(4) [REGULATORY RESTRICTIONS;
POWERS OF THE COMMISSIONER.] To assure that self-insurance or insurance plans
are financially solvent, are administered in a fair and equitable fashion, and
are processing claims and paying benefits in a prompt, fair, and honest manner,
vendors of risk management services and entities administering insurance or
self-insurance plans are subject to the supervision and examination by the
commissioner. Vendors of risk management services, entities administering
insurance or self-insurance plans, and insurance or self-insurance plans
established or operated by them are subject to the trade practice requirements
of sections 72A.19 to 72A.30. In lieu of an unlimited guarantee from a parent
corporation for a vendor of risk management services or an entity administering
insurance or self-insurance plans, the commissioner may accept a surety bond in
a form satisfactory to the commissioner in an amount equal to 120 percent of
the total amount of claims handled by the applicant in the prior year. If at
any time the total amount of claims handled during a year exceeds the amount
upon which the bond was calculated, the administrator shall immediately notify
the commissioner. The commissioner may require that the bond be increased
accordingly.
No contract entered into after July 1, 2001, between a licensed
vendor of risk management services and a group authorized to self-insure for
workers' compensation liabilities under section 79A.03, subdivision 6, may take
effect until it has been filed with the commissioner, and either (1) the
commissioner has approved it or (2) 60 days have elapsed and the commissioner
has not disapproved it as misleading or violative of public policy.
(5) [RULEMAKING AUTHORITY.] To carry out the purposes of this
subdivision, the commissioner may adopt rules pursuant to sections 14.001 to
14.69. These rules may:
(a) establish reporting requirements for administrators of
insurance or self-insurance plans;
(b) establish standards and guidelines to assure the adequacy
of financing, reinsuring, and administration of insurance or self-insurance
plans;
(c) establish bonding requirements or other provisions assuring
the financial integrity of entities administering insurance or self-insurance
plans; or
(d) establish other reasonable requirements to further the
purposes of this subdivision.
Sec. 4. Minnesota Statutes 2004, section 60A.966, is amended to
read:
60A.966 [APPROVAL OF VIATICAL SETTLEMENTS CONTRACT FORMS.]
A viatical settlement provider or broker may not use a
viatical settlement contract form in this state unless it has been filed with
and approved by the commissioner. A viatical settlement contract form filed
with the commissioner is considered to have been approved if it has not been
disapproved within 60 days of the filing. The commissioner shall disapprove a
viatical settlement contract form if, in the commissioner's opinion, the
contract or contract provisions are unreasonable, contrary to the interests of
the public, or otherwise misleading or unfair to the policy owner.
Sec. 5. Minnesota Statutes 2004, section 60A.969, is amended to
read:
60A.969 [DISCLOSURE.]
A viatical settlement provider or a broker shall
disclose the following information to the viator no later than the date the
viatical settlement contract is signed by all parties an application is
given to the viator:
(1) possible alternatives to viatical settlement contracts for
persons with catastrophic or life threatening illnesses, including accelerated
benefits offered by the issuer of the life insurance policy;
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(2) the fact that some or all of
the proceeds of the viatical settlement may be taxable and that assistance
should be sought from a personal tax advisor;
(3) the fact that the viatical settlement
may be subject to the claims of creditors;
(4) the fact that receipt of a viatical
settlement may adversely affect the recipients' eligibility for Medicaid or
other government benefits or entitlements and that advice should be obtained
from the appropriate agencies;
(5) the policy owner's right to rescind a
viatical settlement contract within 30 days of the date it is executed by all
parties or 15 days of the receipt of the viatical settlement proceeds by the
viator, whichever is less, as provided in section 60A.970, subdivision 3; and
(6) the date by which the funds will be
available to the viator and the source of the funds.
Sec. 6. [60A.98] [DEFINITIONS.]
Subdivision 1. [SCOPE.] For
purposes of sections 60A.98 and 60A.981, the terms defined in this section have
the meanings given them.
Subd. 2. [CUSTOMER.] "Customer"
means a consumer who has a continuing relationship with a licensee under which
the licensee provides one or more insurance products or services to the
consumer that are to be used primarily for personal, family, or household
purposes.
Subd. 3. [CUSTOMER INFORMATION.] "Customer
information" means nonpublic personal information about a customer, whether
in paper, electronic, or other form, that is maintained by or on behalf of the
licensee.
Subd. 4. [CUSTOMER INFORMATION
SYSTEMS.] "Customer information systems" means the electronic or
physical methods used to access, collect, store, use, transmit, protect, or
dispose of customer information.
Subd. 5. [LICENSEE.] "Licensee"
means all licensed insurers, producers, and other persons licensed or required
to be licensed, authorized or required to be authorized, or registered or
required to be registered pursuant to the insurance laws of this state, except
that "licensee" does not include a purchasing group or an ineligible
insurer in regard to the surplus line insurance conducted pursuant to sections
60A.195 to 60A.209. "Licensee" does not include producers until
January 1, 2007.
Subd. 6. [NONPUBLIC FINANCIAL
INFORMATION.] "Nonpublic financial information" means:
(1) personally identifiable financial
information; and
(2) any list, description, or other
grouping of consumers, and publicly available information pertaining to them,
that is derived using any personally identifiable financial information that is
not publicly available.
Subd. 7. [NONPUBLIC PERSONAL HEALTH
INFORMATION.] "Nonpublic personal health information" means health
information:
(1) that identifies an individual who
is the subject of the information; or
(2) with respect to which there is a
reasonable basis to believe that the information could be used to identify an
individual.
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Subd. 8. [NONPUBLIC
PERSONAL INFORMATION.] "Nonpublic personal information" means
nonpublic financial information and nonpublic personal health information.
Subd. 9. [PERSONALLY IDENTIFIABLE
FINANCIAL INFORMATION.] "Personally identifiable financial
information" means any information:
(1) a consumer provides to a licensee
to obtain an insurance product or service from the licensee;
(2) about a consumer resulting from a
transaction involving an insurance product or service between a licensee and a
consumer; or
(3) the licensee otherwise obtains
about a consumer in connection with providing an insurance product or service
to that consumer.
Subd. 10. [SERVICE PROVIDER.] "Service
provider" means a person that maintains, processes, or otherwise is
permitted access to customer information through its provision of services
directly to the licensee.
Sec. 7. [60A.981] [INFORMATION SECURITY
PROGRAM.]
Subdivision 1. [GENERAL
REQUIREMENTS.] Each licensee shall implement a comprehensive written
information security program that includes administrative, technical, and
physical safeguards for the protection of customer information. The
administrative, technical, and physical safeguards included in the information
security program must be appropriate to the size and complexity of the licensee
and the nature and scope of its activities.
Subd. 2. [OBJECTIVES.] A
licensee's information security program must be designed to:
(1) ensure the security and
confidentiality of customer information;
(2) protect against any anticipated
threats or hazards to the security or integrity of the information; and
(3) protect against unauthorized access
to or use of the information that could result in substantial harm or
inconvenience to any customer.
Subd. 3. [EXAMPLES OF METHODS OF
DEVELOPMENT AND IMPLEMENTATION.] The following actions and procedures are
examples of methods of implementation of the requirements of subdivisions 1 and
2. These examples are nonexclusive illustrations of actions and procedures that
licensees may follow to implement subdivisions 1 and 2:
(1) the licensee:
(i) identifies reasonably foreseeable
internal or external threats that could result in unauthorized disclosure,
misuse, alteration, or destruction of customer information or customer
information systems;
(ii) assesses the likelihood and
potential damage of these threats, taking into consideration the sensitivity of
customer information; and
(iii) assesses the sufficiency of
policies, procedures, customer information systems, and other safeguards in
place to control risks;
(2) the licensee:
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(i) designs its information
security program to control the identified risks, commensurate with the
sensitivity of the information, as well as the complexity and scope of the
licensee's activities;
(ii) trains staff, as appropriate, to implement the
licensee's information security program; and
(iii) regularly tests or otherwise regularly monitors the
key controls, systems, and procedures of the information security program. The
frequency and nature of these tests or other monitoring practices are
determined by the licensee's risk assessment;
(3) the licensee:
(i) exercises appropriate due diligence in selecting its service
providers; and
(ii) requires its service providers to implement appropriate
measures designed to meet the objectives of this regulation, and, where
indicated by the licensee's risk assessment, takes appropriate steps to confirm
that its service providers have satisfied these obligations; and
(4) the licensee monitors, evaluates, and adjusts, as
appropriate, the information security program in light of any relevant changes
in technology, the sensitivity of its customer information, internal or
external threats to information, and the licensee's own changing business
arrangements, such as mergers and acquisitions, alliances and joint ventures,
outsourcing arrangements, and changes to customer information systems.
Sec. 8. [60A.982] [UNFAIR TRADE PRACTICES.]
A violation of sections 60A.98 and 60A.981 is considered to
be a violation of sections 72A.17 to 72A.32.
Sec. 9. Minnesota Statutes 2004, section 62A.136, is amended to
read:
62A.136 [DENTAL AND VISION PLAN COVERAGE.]
The following provisions do not apply to health plans as
defined in section 62A.011, subdivision 3, clause (6), providing dental or
vision coverage only: sections 62A.041; 62A.0411; 62A.047; 62A.149; 62A.151;
62A.152; 62A.154; 62A.155; 62A.17, subdivision 6; 62A.21, subdivision 2b;
62A.26; 62A.28; 62A.285; 62A.30; 62A.304; 62A.3093; and 62E.16.
Sec. 10. Minnesota Statutes 2004, section 62A.31, subdivision
1h, is amended to read:
Subd. 1h. [LIMITATIONS ON DENIALS,
CONDITIONS, AND PRICING OF COVERAGE.] No health carrier issuing
Medicare-related coverage in this state may impose preexisting condition
limitations or otherwise deny or condition the issuance or effectiveness of any
such coverage available for sale in this state, nor may it discriminate in the
pricing of such coverage, because of the health status, claims experience,
receipt of health care, medical condition, or age of an applicant where an
application for such coverage is submitted prior to or during the six-month
period beginning with the first day of the month in which an individual first
enrolled for benefits under Medicare Part B. This subdivision applies to each
Medicare-related coverage offered by a health carrier regardless of whether the
individual has attained the age of 65 years. If an individual who is enrolled
in Medicare Part B due to disability status is involuntarily disenrolled due to
loss of disability status, the individual is eligible for another six-month
enrollment period provided under this subdivision beginning the first day of
the month in which the individual later becomes eligible for and enrolls again
in Medicare Part B. An individual who is or was previously enrolled in Medicare
Part B due to disability status is eligible for another six-month enrollment
period under this subdivision beginning the first day of the month in which the
individual has attained the age of 65 years and either maintains enrollment in,
or enrolls again in, Medicare Part B. If an individual enrolled in Medicare
Part B
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voluntarily
disenrolls from Medicare Part B because the individual becomes reemployed
and is enrolled under an employee welfare benefit plan, the individual is
eligible for another six-month enrollment period, as provided in this
subdivision, beginning the first day of the month in which the individual later
becomes eligible for and enrolls again in Medicare Part B.
Sec. 11. Minnesota Statutes 2004, section
62A.315, is amended to read:
62A.315 [EXTENDED BASIC MEDICARE
SUPPLEMENT PLAN; COVERAGE.]
The extended basic Medicare supplement
plan must have a level of coverage so that it will be certified as a qualified
plan pursuant to section 62E.07, and will provide:
(1) coverage for all of the Medicare Part
A inpatient hospital deductible and coinsurance amounts, and 100 percent of all
Medicare Part A eligible expenses for hospitalization not covered by Medicare;
(2) coverage for the daily co-payment
amount of Medicare Part A eligible expenses for the calendar year incurred for
skilled nursing facility care;
(3) coverage for the coinsurance amount or
in the case of hospital outpatient department services paid under a prospective
payment system, the co-payment amount, of Medicare eligible expenses under
Medicare Part B regardless of hospital confinement, and the Medicare Part B
deductible amount;
(4) 80 percent of the usual and customary
hospital and medical expenses and supplies described in section 62E.06,
subdivision 1, not to exceed any charge limitation established by the Medicare
program or state law, the usual and customary hospital and medical expenses and
supplies, described in section 62E.06, subdivision 1, while in a foreign
country, and prescription drug expenses, not covered by Medicare;
(5) coverage for the reasonable cost of
the first three pints of blood, or equivalent quantities of packed red blood
cells as defined under federal regulations under Medicare parts A and B, unless
replaced in accordance with federal regulations;
(6) 100 percent of the cost of
immunizations not otherwise covered under Part D of the Medicare program
and routine screening procedures for cancer, including mammograms and pap
smears;
(7) preventive medical care benefit:
coverage for the following preventive health services not covered by
Medicare:
(i) an annual clinical preventive medical
history and physical examination that may include tests and services from
clause (ii) and patient education to address preventive health care measures;
(ii) any one or a combination of the
following preventive screening tests or preventive services, the selection
and frequency of which is considered determined to be
medically appropriate: by the attending physician.
(A) fecal occult blood test and/or
digital rectal examination;
(B) dipstick urinalysis for hematuria,
bacteriuria, and proteinuria;
(C) pure tone (air only) hearing
screening test administered or ordered by a physician;
(D) serum cholesterol screening every
five years;
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(E) thyroid function test;
(F) diabetes screening;
(iii) any other tests or preventive
measures determined appropriate by the attending physician.
Reimbursement shall be for the actual
charges up to 100 percent of the Medicare-approved amount for each service as
if Medicare were to cover the service as identified in American Medical
Association current procedural terminology (AMA CPT) codes to a maximum of $120
annually under this benefit. This benefit shall not include payment for any
procedure covered by Medicare;
(8) at-home recovery benefit: coverage for
services to provide short-term at-home assistance with activities of daily
living for those recovering from an illness, injury, or surgery:
(i) for purposes of this benefit, the
following definitions shall apply:
(A) "activities of daily living"
include, but are not limited to, bathing, dressing, personal hygiene,
transferring, eating, ambulating, assistance with drugs that are normally
self-administered, and changing bandages or other dressings;
(B) "care provider" means a duly
qualified or licensed home health aide/homemaker, personal care aide, or nurse
provided through a licensed home health care agency or referred by a licensed
referral agency or licensed nurses registry;
(C) "home" means a place used by
the insured as a place of residence, provided that the place would qualify as a
residence for home health care services covered by Medicare. A hospital or
skilled nursing facility shall not be considered the insured's place of
residence;
(D) "at-home recovery visit"
means the period of a visit required to provide at-home recovery care, without
limit on the duration of the visit, except each consecutive four hours in a
24-hour period of services provided by a care provider is one visit;
(ii) coverage requirements and
limitations:
(A) at-home recovery services provided
must be primarily services that assist in activities of daily living;
(B) the insured's attending physician must
certify that the specific type and frequency of at-home recovery services are
necessary because of a condition for which a home care plan of treatment was
approved by Medicare;
(C) coverage is limited to:
(I) no more than the number and type of
at-home recovery visits certified as medically necessary by the insured's
attending physician. The total number of at-home recovery visits shall not
exceed the number of Medicare-approved home health care visits under a
Medicare-approved home care plan of treatment;
(II) the actual charges for each visit up
to a maximum reimbursement of $100 per visit;
(III) $4,000 per calendar year;
(IV) seven visits in any one week;
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(V) care furnished on a visiting
basis in the insured's home;
(VI) services provided by a care provider
as defined in this section;
(VII) at-home recovery visits while the
insured is covered under the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received
during the period the insured is receiving Medicare-approved home care services
or no more than eight weeks after the service date of the last
Medicare-approved home health care visit;
(iii) coverage is excluded for:
(A) home care visits paid for by Medicare
or other government programs; and
(B) care provided by unpaid volunteers or
providers who are not care providers.
Sec. 12. Minnesota Statutes 2004, section
62A.316, is amended to read:
62A.316 [BASIC MEDICARE SUPPLEMENT PLAN;
COVERAGE.]
(a) The basic Medicare supplement plan
must have a level of coverage that will provide:
(1) coverage for all of the Medicare part
A inpatient hospital coinsurance amounts, and 100 percent of all Medicare part
A eligible expenses for hospitalization not covered by Medicare, after
satisfying the Medicare part A deductible;
(2) coverage for the daily co-payment
amount of Medicare part A eligible expenses for the calendar year incurred for
skilled nursing facility care;
(3) coverage for the coinsurance amount,
or in the case of outpatient department services paid under a prospective
payment system, the co-payment amount, of Medicare eligible expenses under
Medicare part B regardless of hospital confinement, subject to the Medicare
part B deductible amount;
(4) 80 percent of the hospital and medical
expenses and supplies incurred during travel outside the United States as a
result of a medical emergency;
(5) coverage for the reasonable cost of
the first three pints of blood, or equivalent quantities of packed red blood
cells as defined under federal regulations under Medicare parts A and B, unless
replaced in accordance with federal regulations;
(6) 100 percent of the cost of
immunizations not otherwise covered under part D of the Medicare program
and routine screening procedures for cancer screening including mammograms and
pap smears; and
(7) 80 percent of coverage for all
physician prescribed medically appropriate and necessary equipment and supplies
used in the management and treatment of diabetes not otherwise covered under
Part D of the Medicare program. Coverage must include persons with
gestational, type I, or type II diabetes.
(b) Only the following optional benefit
riders may be added to this plan:
(1) coverage for all of the Medicare part
A inpatient hospital deductible amount;
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(2) a minimum of 80 percent of eligible
medical expenses and supplies not covered by Medicare part B, not to exceed any
charge limitation established by the Medicare program or state law;
(3) coverage for all of the Medicare part
B annual deductible;
(4) coverage for at least 50 percent, or
the equivalent of 50 percent, of usual and customary prescription drug
expenses;
(5) coverage for the following
preventive health services medical care benefit coverage for the
following preventative health services not covered by Medicare:
(i) an annual clinical preventive medical
history and physical examination that may include tests and services from
clause (ii) and patient education to address preventive health care measures;
(ii) any one or a combination of the
following preventive screening tests or preventive services, the selection
and frequency of which is considered determined to be
medically appropriate: by the attending physician.
(A) fecal occult blood test and/or
digital rectal examination;
(B) dipstick urinalysis for hematuria,
bacteriuria, and proteinuria;
(C) pure tone (air only) hearing
screening test, administered or ordered by a physician;
(D) serum cholesterol screening every
five years;
(E) thyroid function test;
(F) diabetes screening;
(iii) any other tests or preventive
measures determined appropriate by the attending physician.
Reimbursement shall be for the actual
charges up to 100 percent of the Medicare-approved amount for each service, as
if Medicare were to cover the service as identified in American Medical
Association current procedural terminology (AMA CPT) codes, to a maximum of
$120 annually under this benefit. This benefit shall not include payment for a
procedure covered by Medicare;
(6) coverage for services to provide
short-term at-home assistance with activities of daily living for those
recovering from an illness, injury, or surgery:
(i) For purposes of this benefit, the
following definitions apply:
(A) "activities of daily living"
include, but are not limited to, bathing, dressing, personal hygiene,
transferring, eating, ambulating, assistance with drugs that are normally
self-administered, and changing bandages or other dressings;
(B) "care provider" means a duly
qualified or licensed home health aide/homemaker, personal care aid, or nurse
provided through a licensed home health care agency or referred by a licensed
referral agency or licensed nurses registry;
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(C) "home" means a
place used by the insured as a place of residence, provided that the place
would qualify as a residence for home health care services covered by Medicare.
A hospital or skilled nursing facility shall not be considered the insured's
place of residence;
(D) "at-home recovery visit"
means the period of a visit required to provide at-home recovery care, without
limit on the duration of the visit, except each consecutive four hours in a 24-hour
period of services provided by a care provider is one visit;
(ii) Coverage requirements and
limitations:
(A) at-home recovery services provided
must be primarily services that assist in activities of daily living;
(B) the insured's attending physician must
certify that the specific type and frequency of at-home recovery services are
necessary because of a condition for which a home care plan of treatment was
approved by Medicare;
(C) coverage is limited to:
(I) no more than the number and type of
at-home recovery visits certified as necessary by the insured's attending
physician. The total number of at-home recovery visits shall not exceed the
number of Medicare-approved home care visits under a Medicare-approved home
care plan of treatment;
(II) the actual charges for each visit up
to a maximum reimbursement of $40 per visit;
(III) $1,600 per calendar year;
(IV) seven visits in any one week;
(V) care furnished on a visiting basis in
the insured's home;
(VI) services provided by a care provider
as defined in this section;
(VII) at-home recovery visits while the
insured is covered under the policy or certificate and not otherwise excluded;
(VIII) at-home recovery visits received
during the period the insured is receiving Medicare-approved home care services
or no more than eight weeks after the service date of the last
Medicare-approved home health care visit;
(iii) Coverage is excluded for:
(A) home care visits paid for by Medicare
or other government programs; and
(B) care provided by family members,
unpaid volunteers, or providers who are not care providers;
(7) coverage for at least 50 percent, or
the equivalent of 50 percent, of usual and customary prescription drug expenses
to a maximum of $1,200 paid by the issuer annually under this benefit. An
issuer of Medicare supplement insurance policies that elects to offer this
benefit rider shall also make available coverage that contains the rider
specified in clause (4).
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Sec. 13. Minnesota Statutes
2004, section 62E.12, is amended to read:
62E.12 [MINIMUM BENEFITS OF COMPREHENSIVE
HEALTH INSURANCE PLAN.]
(a) The association through its
comprehensive health insurance plan shall offer policies which provide the
benefits of a number one qualified plan and a number two qualified plan, except
that the maximum lifetime benefit on these plans shall be $2,800,000; and an
extended basic Medicare supplement plan and a basic Medicare supplement plan as
described in sections 62A.31 to 62A.44. The association may also offer a plan
that is identical to a number one and number two qualified plan except that it
has a $2,000 annual deductible and a $2,800,000 maximum lifetime benefit. The
association, subject to the approval of the commissioner, may also offer plans
that are identical to the number one or number two qualified plan, except that
they have annual deductibles of $5,000 and $10,000, respectively; have
limitations on total annual out-of-pocket expenses equal to those annual
deductibles and therefore cover 100 percent of the allowable cost of covered
services in excess of those annual deductibles; and have a $2,800,000 maximum
lifetime benefit. The association, subject to approval of the commissioner,
may also offer plans that meet all other requirements of state law except those
that are inconsistent with high deductible health plans as defined in sections
220 and 223 of the Internal Revenue Code and supporting regulations. As of
January 1, 2006, the association shall no longer be required to offer an
extended basic Medicare supplement plan.
(b) The requirement that a policy issued
by the association must be a qualified plan is satisfied if the association
contracts with a preferred provider network and the level of benefits for
services provided within the network satisfies the requirements of a qualified
plan. If the association uses a preferred provider network, payments to
nonparticipating providers must meet the minimum requirements of section
72A.20, subdivision 15.
(c) The association shall offer health
maintenance organization contracts in those areas of the state where a health
maintenance organization has agreed to make the coverage available and has been
selected as a writing carrier.
(d) Notwithstanding the provisions of
section 62E.06 and unless those charges are billed by a provider that is part
of the association's preferred provider network, the state plan shall exclude
coverage of services of a private duty nurse other than on an inpatient basis
and any charges for treatment in a hospital located outside of the state of
Minnesota in which the covered person is receiving treatment for a mental or
nervous disorder, unless similar treatment for the mental or nervous disorder
is medically necessary, unavailable in Minnesota and provided upon referral by
a licensed Minnesota medical practitioner.
Sec. 14. Minnesota Statutes 2004, section
62E.13, subdivision 2, is amended to read:
Subd. 2. [SELECTION OF WRITING CARRIER.] The
association may select policies and contracts, or parts thereof, submitted by a
member or members of the association, or by the association or others, to
develop specifications for bids from any entity which wishes to be selected as
a writing carrier to administer the state plan. The selection of the writing
carrier shall be based upon criteria established by the board of directors of
the association and approved by the commissioner. The criteria shall outline
specific qualifications that an entity must satisfy in order to be selected
and, at a minimum, shall include the entity's proven ability to handle large
group accident and health insurance cases, efficient claim paying capacity, and
the estimate of total charges for administering the plan. The association may
select separate writing carriers for the two types of qualified plans and the
$2,000, $5,000, and $10,000 deductible plans, the qualified Medicare
supplement plan plans, and the health maintenance organization
contract.
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Sec. 15. [62L.056] [SMALL
EMPLOYER FLEXIBLE BENEFITS PLANS.]
(a) Notwithstanding any provision of
this chapter, chapter 363A, or any other law to the contrary, a health carrier
may offer, sell, issue, and renew a health benefit plan that is a flexible
benefits plan under this section to a small employer if the following
requirements are satisfied:
(1) the health benefit plan must be
offered in compliance with this chapter, except as otherwise permitted in this
section;
(2) the health benefit plan to be
offered must be designed to enable employers and covered persons to better
manage costs and coverage options through the use of co-pays, deductibles, and
other cost-sharing arrangements;
(3) the health benefit plan must be
issued and administered in compliance with sections 62E.141; 62L.03,
subdivision 6; and 62L.12, subdivisions 3 and 4, relating to prohibitions
against enrolling in the Minnesota Comprehensive Health Association persons
eligible for employer group coverage;
(4) the health benefit plan may modify
or exclude any or all coverages of benefits that would otherwise be required by
law, except for maternity benefits and other benefits required under federal
law;
(5) each health benefit plan must be
approved by the commissioner of commerce, but the commissioner may not
disapprove a plan on the grounds of a modification or exclusion permitted under
clause (4); and
(6) prior to sale of the health benefit
plan, the small employer must be given a written list of the coverages
otherwise required by law that are modified or excluded in the health benefit
plan. The list must include a description of each coverage in the list and
indicate whether the coverage is modified or excluded. If a coverage is
modified, the list must describe the modification. The list may, but need not,
also list any or all coverages otherwise required by law that are included in
the health benefit plan and indicate that they are included. The insurer must
require that a copy of this written list be provided, prior to the effective
date of the health benefit plan, to each employee who is eligible for health
coverage under the employer's plan.
(b) The definitions in section 62L.02
apply to this section as modified by this section.
(c) An employer may provide a health
benefit plan permitted under this section to its employees, the employees'
dependents, and other persons eligible for coverage under the employer's plan,
notwithstanding chapter 363A or any other law to the contrary.
Sec. 16. Minnesota Statutes 2004, section
62Q.471, is amended to read:
62Q.471 [EXCLUSION FOR SUICIDE ATTEMPTS
PROHIBITED.]
(a) No health plan may exclude or reduce
coverage for health care for an enrollee who is otherwise covered under the
health plan on the basis that the need for the health care arose out of a
suicide or suicide attempt by the enrollee.
(b) For purposes of this section,
"health plan" has the meaning given in section 62Q.01, subdivision 3,
but includes the coverages described in section 62A.011, clauses (4), (6),
and (7) and through (10).
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Sec. 17. Minnesota Statutes
2004, section 62Q.65, is amended to read:
62Q.65 [ACCESS TO PROVIDER DISCOUNTS.]
Subdivision 1. [REQUIREMENT.] A high deductible health plan
must, when used in connection with a medical savings account or health
savings account, provide the enrollee access to any discounted provider
fees for services covered by the high deductible health plan, regardless of
whether the enrollee has satisfied the deductible for the high deductible
health plan.
Subd. 2. [DEFINITIONS.] For purposes of this section, the
following terms have the meanings given:
(1) "high deductible health plan" has the meaning
given under the Internal Revenue Code of 1986, section 220(c)(2), with
respect to a medical savings account; and the meaning given under Internal
Revenue Code of 1986, section 223(c)(2), with respect to a health savings
account;
(2) "medical savings account" has the meaning given
under the Internal Revenue Code of 1986, section 220(d)(1); and
(3) "discounted provider fees" means fees contained
in a provider agreement entered into by the issuer of the high deductible
health plan, or an affiliate of the issuer, for use in connection with the high
deductible health plan; and
(4) "health savings account" has the meaning given
under the Internal Revenue Code of 1986, section 223(d).
Sec. 18. Minnesota Statutes 2004, section 65A.29, subdivision
11, is amended to read:
Subd. 11. [NONRENEWAL.] Every insurer shall establish a plan
that sets out the minimum number and amount of claims during an experience
period that may result in a nonrenewal. For purposes of the plan, the
insurer may not consider as a claim the insured's inquiry about a hypothetical
claim, or the insured's inquiry to the insured's agent regarding a potential
claim.
No homeowner's insurance policy may be nonrenewed based on the
insured's loss experience unless the insurer has sent a written notice that any
future losses may result in nonrenewal due to loss experience.
Any nonrenewal of a homeowner's insurance policy must, at a
minimum, comply with the requirements of subdivision 8 and the rules adopted by
the commissioner.
Sec. 19. [65A.297] [ACTIVE DUTY MEMBER OF ARMED SERVICES
RESERVE OR NATIONAL GUARD; USE IN UNDERWRITING PROHIBITED.]
No insurer, including the Minnesota FAIR plan, shall refuse
to renew, decline to offer or write, reduce the limits of, cancel, or charge
differential rates for equivalent coverage for any coverage in a homeowner's
policy because the dwelling is vacant or occupied by a caretaker if the
insured's absence is caused solely by the insured being called to active duty
as a member of the armed services reserve or the National Guard.
Sec. 20. [65B.286] [SNOWMOBILE AUXILIARY LIGHTING SYSTEM
DISCOUNT.]
Subdivision 1. [DEFINITION.] For the purposes of this
section, the term "auxiliary hazard warning lighting system" means a
system installed by the manufacturer of a snowmobile as original equipment or
installed in a snowmobile by the manufacturer or an authorized dealer of that
manufacturer as an aftermarket system that does the following when activated:
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(1) a yellow light emitting
diode (L.E.D.) light on the front of the snowmobile that flashes at least once
per second and is visible at least one-half mile in front of the snowmobile;
and
(2) a red light emitting diode (L.E.D.) light on the rear of
the snowmobile that flashes at least once per second and is visible at least
one-half mile from behind the snowmobile.
Subd. 2. [REQUIRED REDUCTION.] An insurer must
provide an appropriate premium reduction of at least five percent on a policy
insuring the snowmobile, or on that portion of a policy insuring a snowmobile
that is issued, delivered, or renewed in this state, to the insured whose
snowmobile is equipped with an authorized auxiliary hazard warning lighting
system. The premium reduction required by this subdivision applies to every
snowmobile of the insured that is equipped with an auxiliary hazard warning
lighting system.
Sec. 21. Minnesota Statutes 2004, section 65B.48, subdivision
3, is amended to read:
Subd. 3. Self-insurance, subject to approval of the
commissioner, is effected by filing with the commissioner in satisfactory form:
(1) a continuing undertaking by the owner or other appropriate
person to pay tort liabilities or basic economic loss benefits, or both, and to
perform all other obligations imposed by sections 65B.41 to 65B.71;
(2) evidence that appropriate provision exists for prompt
administration of all claims, benefits, and obligations provided by sections
65B.41 to 65B.71;
(3) evidence that reliable financial arrangements, deposits, or
commitments exist providing assurance, substantially equivalent to that
afforded by a policy of insurance complying with sections 65B.41 to 65B.71, for
payment of tort liabilities, basic economic loss benefits, and all other
obligations imposed by sections 65B.41 to 65B.71; and
(4) a nonrefundable initial application fee of $1,500 $2,500
and an annual a renewal fee of $400 $1,200 for
political subdivisions and $500 $1,500 for nonpolitical entities every
three years.
Sec. 22. Minnesota Statutes 2004, section 72A.20, subdivision
13, is amended to read:
Subd. 13. [REFUSAL TO RENEW.] Refusing to renew, declining to
offer or write, or charging differential rates for an equivalent amount of
homeowner's insurance coverage, as defined by section 65A.27, for property
located in a town or statutory or home rule charter city, in which the insurer offers
to sell or writes homeowner's insurance, solely because:
(a) of the geographic area in which the property is located;
(b) of the age of the primary structure sought to be insured;
(c) the insured or prospective insured was denied coverage of
the property by another insurer, whether by cancellation, nonrenewal or
declination to offer coverage, for a reason other than those specified in
section 65A.01, subdivision 3a, clauses (a) to (e); or
(d) the property of the insured or prospective insured has been
insured under the Minnesota FAIR Plan Act, shall constitute an unfair method of
competition and an unfair and deceptive act or practice; or
(e) the insured has inquired about coverage for a
hypothetical claim or has made an inquiry to the insured's agent regarding a
potential claim.
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This subdivision prohibits an
insurer from filing or charging different rates for different zip code areas
within the same town or statutory or home rule charter city.
This subdivision shall not prohibit the insurer from applying
underwriting or rating standards which the insurer applies generally in all
other locations in the state and which are not specifically prohibited by
clauses (a) to (d) (e). Such underwriting or rating standards
shall specifically include but not be limited to standards based upon the
proximity of the insured property to an extraordinary hazard or based upon the
quality or availability of fire protection services or based upon the density
or concentration of the insurer's risks. Clause (b) shall not prohibit the use
of rating standards based upon the age of the insured structure's plumbing,
electrical, heating or cooling system or other part of the structure, the age
of which affects the risk of loss. Any insurer's failure to comply with section
65A.29, subdivisions 2 to 4, either (1) by failing to give an insured or
applicant the required notice or statement or (2) by failing to state
specifically a bona fide underwriting or other reason for the refusal to write
shall create a presumption that the insurer has violated this subdivision.
Sec. 23. Minnesota Statutes 2004, section 72A.20, subdivision
36, is amended to read:
Subd. 36. [LIMITATIONS ON THE USE OF CREDIT INFORMATION.] (a)
No insurer or group of affiliated insurers may reject, cancel, or nonrenew a
policy of private passenger motor vehicle insurance as defined under section
65B.01 or a policy of homeowner's insurance as defined under section 65A.27,
for any person in whole or in part on the basis of credit information,
including a credit reporting product known as a "credit score" or
"insurance score," without consideration and inclusion of any other
applicable underwriting factor.
(b) If credit information, credit scoring, or insurance scoring
is to be used in underwriting, the insurer must disclose to the consumer that
credit information will be obtained and used as part of the insurance
underwriting process.
(c) Insurance inquiries and non-consumer-initiated inquiries
must not be used as part of the credit scoring or insurance scoring process.
(d) If a credit score, insurance score, or other credit
information relating to a consumer, with respect to the types of insurance
referred to in paragraph (a), is adversely impacted or cannot be generated
because of the absence of a credit history, the insurer must exclude the use of
credit as a factor in the decision to reject, cancel, or nonrenew.
(e) Insurers must upon the request of a policyholder
reevaluate the policyholder's score. Any change in premium resulting from the
reevaluation must be effective upon the renewal of the policy. An insurer is
not required to reevaluate a policyholder's score pursuant to this paragraph
more than twice in any given calendar year.
(f) Insurers must upon request of the applicant or
policyholder provide reasonable underwriting exceptions based upon prior credit
histories for persons whose credit information is unduly influenced by expenses
related to a catastrophic injury or illness, temporary loss of employment, or
the death of an immediate family member. The insurer may require reasonable
documentation of these events prior to granting an exception.
(f) (g) A credit scoring or insurance scoring
methodology must not be used by an insurer if the credit scoring or insurance scoring
methodology incorporates the gender, race, nationality, or religion of an
insured or applicant.
(g) (h) Insurers that employ a credit scoring or
insurance scoring system in underwriting of coverage described in paragraph (a)
must have on file with the commissioner:
(1) the insurer's credit scoring or insurance scoring
methodology; and
(2) information that supports the insurer's use of a credit
score or insurance score as an underwriting criterion.
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(h) (i) Insurers
described in paragraph (g) shall file the required information with the
commissioner within 120 days of August 1, 2002, or prior to implementation of a
credit scoring or insurance scoring system by the insurer, if that date is
later.
(i) (j) Information provided
by, or on behalf of, an insurer to the commissioner under this subdivision is
trade secret information under section 13.37.
Sec. 24. Minnesota Statutes 2004, section
79.211, is amended by adding a subdivision to read:
Subd. 4. [EXPERIENCE MODIFICATION
FACTOR REVISION FOR CERTAIN CLOSED CLAIMS.] An insurer or an employer
insured under a workers' compensation policy subject to an experience rating
plan may request in writing of the data service organization computing the
policy's experience modification factor that the most recent factor be revised
if each of the following criteria is met:
(1) a workers' compensation claim under
that policy is closed between the normal valuation date for that claim and the
next time that valuation is used in computing the experience modification
factor on the policy;
(2) the data service organization
receives a revised unit statistical report containing data on the closed claim
in a form consistent with its filed unit statistical plan; and
(3) inclusion of the closed claim in
the experience modification factor calculation would impact that factor by five
percentage points or more.
Sec. 25. Minnesota Statutes 2004, section
79.40, is amended to read:
79.40 [PREMIUM INCLUSION IN RATEMAKING.]
Premiums charged members by the
reinsurance association shall be recognized in the ratemaking procedures for
insurance rates in the same manner as assessments for the special
compensation fund.
Sec. 26. Minnesota Statutes 2004, section
79.56, subdivision 1, is amended to read:
Subdivision 1. [PREFILING OF RATES.] (a)
Each insurer shall file with the commissioner a complete copy of its rates and
rating plan, and all changes and amendments thereto, and such supporting data
and information that the commissioner may by rule require, at least 60 days
prior to its effective date. The commissioner shall advise an insurer within 30
days of the filing if its submission is not accompanied with such supporting
data and information that the commissioner by rule may require. The
commissioner may extend the filing review period and effective date for an
additional 30 days if an insurer, after having been advised of what supporting
data and information is necessary to complete its filing, does not provide such
information within 15 days of having been so notified. If any rate or rating
plan filing or amendment thereto is not disapproved by the commissioner within
the filing review period, the insurer may implement it. For the period August
1, 1995, to December 31, 1995, the filing shall be made at least 90 days prior
to the effective date and the department shall advise an insurer within 60 days
of such filing if the filing is insufficient under this section.
(b) A rating plan or rates are not
subject to the requirements of paragraph (a), where the insurer files a
certification verifying that it will use the mutually agreed upon rating plan
or rates only to write a specific employer that generates $250,000 in annual
written workers' compensation premiums before the application of any large
deductible rating plan. The certification must be refiled upon each renewal of
the employer's policy. The $250,000 threshold includes premiums generated in
any state. The designation and certification must be submitted in substantially
the following form:
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Name and address
of insurer:
Name and address of insured
employer: ......................................
Policy period: .....................................................................................
I certify that the employer
named above generates $250,000 or more in annual countrywide written workers'
compensation premiums, and that the calculation of this threshold is based on
the rates and rating plans that have been approved by the appropriate state
regulatory authority. The filing of this certification authorizes the use of
this rate or rating plan only for the named employer.
Name of responsible officer:
...........................................................
Title: .....................................................................................................
Signature: ............................................................................................
Sec. 27. Minnesota Statutes 2004, section 79.56, subdivision 3,
is amended to read:
Subd. 3. [PENALTIES.] (a) Any insurer using a rate or a
rating plan which has not been filed or certified under subdivision 1
shall be subject to a fine of up to $100 for each day the failure to file
continues. The commissioner may, after a hearing on the record, find that the
failure is willful. A willful failure to meet filing requirements shall be
punishable by a fine of up to $500 for each day during which a willful failure
continues. These penalties shall be in addition to any other penalties provided
by law.
(b) Notwithstanding this subdivision, an employer that
generates $250,000 in annual written workers' compensation premium under the
rates and rating plan of an insurer before the application of any large
deductible rating plans, may be written by that insurer using rates or rating
plans that are not subject to disapproval but which have been filed. For the
purposes of this paragraph, written workers' compensation premiums generated
from states other than Minnesota are included in calculating the $250,000
threshold for large risk alternative rating option plans.
Sec. 28. Minnesota Statutes 2004, section 79.62, subdivision 3,
is amended to read:
Subd. 3. [ISSUANCE.] The commissioner, upon finding that the
applicant organization is qualified to provide the services required and
proposed, or has contracted with a licensed data service organization to
purchase these services which are required by this chapter but are not provided
directly by the applicant, and that all requirements of law are met, shall
issue a license. Each license is subject to annual renewal effective June 30.
Each new or renewal license application must be accompanied by a fee of $50
$1,000.
Sec. 29. Minnesota Statutes 2004, section 79A.03, subdivision
9, is amended to read:
Subd. 9. [FILING REPORTS.] (a) Incurred losses, paid and
unpaid, specifying indemnity and medical losses by classification, payroll by
classification, and current estimated outstanding liability for workers'
compensation shall be reported to the commissioner by each self-insurer on a
calendar year basis, in a manner and on forms available from the commissioner.
Payroll information must be filed by April 1 of the following year.
(b) Each self-insurer shall, under oath, attest to the accuracy
of each report submitted pursuant to paragraph (a). Upon sufficient cause, the
commissioner shall require the self-insurer to submit a certified audit of
payroll and claim records conducted by an independent auditor approved by the
commissioner, based on generally accepted accounting principles and generally
accepted auditing standards, and supported by an actuarial review and opinion
of the future contingent liabilities. The basis for sufficient cause shall
include the following factors: where the
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losses reported
appear significantly different from similar types of businesses; where major
changes in the reports exist from year to year, which are not solely
attributable to economic factors; or where the commissioner has reason to
believe that the losses and payroll in the report do not accurately reflect the
losses and payroll of that employer. If any discrepancy is found, the
commissioner shall require changes in the self-insurer's or workers'
compensation service company record-keeping practices.
(c) An annual status report due August 1 by each self-insurer
shall be filed in a manner and on forms prescribed by the commissioner.
(d) Each individual self-insurer shall, within four months
after the end of its fiscal year, annually file with the commissioner its
latest 10K report required by the Securities and Exchange Commission. If an
individual self-insurer does not prepare a 10K report, it shall file an annual
certified financial statement, together with such other financial information
as the commissioner may require to substantiate data in the financial
statement.
(e) Each member of the group shall, within seven six
months after the end of each fiscal year for that group, file submit
to a certified public accountant designated by the group, the most recent
annual financial statement, reviewed by a certified public accountant in
accordance with the Statements on Standards for Accounting and Review Services,
Volume 2, the American Institute of Certified Public Accountants Professional
Standards, or audited in accordance with generally accepted auditing standards,
together with such other financial information the commissioner may require. In
addition, the group shall file with the commissioner, within seven months
after the end of each fiscal year for that group, combining financial
statements of the group members, compiled by a certified public accountant in
accordance with the Statements on Standards for Accounting and Review Services,
Volume 2, the American Institute of Certified Public Accountants Professional
Standards. The combining financial statements shall include, but not be limited
to, a balance sheet, income statement, statement of changes in net worth, and
statement of cash flow. Each combining financial statement shall include a
column for each individual group member along with a total column. Each
combined statement shall have a statement from the certified public accountant
confirming that each member has submitted the required financial statement as
defined in this section. The certified public accountant shall notify the
commissioner if any statement is qualified or otherwise conditional. The
commissioner may require additional financial information from any group
member.
Where a group has 50 or more members, the group shall file, in
lieu of the combining financial statements, a combined financial statement
showing only the total column for the entire group's balance sheet, income
statement, statement of changes in net worth, and statement of cash flow.
Additionally, the group shall disclose, for each member, the total assets, net
worth, revenue, and income for the most recent fiscal year. The combining and
combined financial statements may omit all footnote disclosures.
(f) In addition to the financial statements required by
paragraphs (d) and (e), interim financial statements or 10Q reports required by
the Securities and Exchange Commission may be required by the commissioner upon
an indication that there has been deterioration in the self-insurer's financial
condition, including a worsening of current ratio, lessening of net worth, net
loss of income, the downgrading of the company's bond rating, or any other
significant change that may adversely affect the self-insurer's ability to pay
expected losses. Any self-insurer that files an 8K report with the Securities
and Exchange Commission shall also file a copy of the report with the
commissioner within 30 days of the filing with the Securities and Exchange
Commission.
Sec. 30. Minnesota Statutes 2004, section 79A.04, subdivision
2, is amended to read:
Subd. 2. [MINIMUM DEPOSIT.] The minimum
deposit is 110 percent of the private self-insurer's estimated future
liability. The deposit may be used to secure payment of all administrative and
legal costs, and unpaid assessments required by section 79A.12, subdivision 2,
relating to or arising from its or other employers' self-insuring. As used in
this section, "private self-insurer" includes both current and former
members of the self-insurers' security fund; and "private self-insurers'
estimated future liability" means the private self-insurers' total of
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4493
estimated future
liability as determined by an Associate or Fellow of the Casualty Actuarial
Society every year for group member private self-insurers and, for a nongroup
member private self-insurer's authority to self-insure, every year for the
first five years. After the first five years, the nongroup member's total shall
be as determined by an Associate or Fellow of the Casualty Actuarial Society at
least every two years, and each such actuarial study shall include a projection
of future losses during the period until the next scheduled actuarial study,
less payments anticipated to be made during that time.
All data and information furnished by a
private self-insurer to an Associate or Fellow of the Casualty Actuarial
Society for purposes of determining private self-insurers' estimated future
liability must be certified by an officer of the private self-insurer to be
true and correct with respect to payroll and paid losses, and must be
certified, upon information and belief, to be true and correct with respect to
reserves. The certification must be made by sworn affidavit. In addition to any
other remedies provided by law, the certification of false data or information
pursuant to this subdivision may result in a fine imposed by the commissioner
of commerce on the private self-insurer up to the amount of $5,000, and
termination of the private self-insurers' authority to self-insure. The
determination of private self-insurers' estimated future liability by an
Associate or Fellow of the Casualty Actuarial Society shall be conducted in
accordance with standards and principles for establishing loss and loss
adjustment expense reserves by the Actuarial Standards Board, an affiliate of
the American Academy of Actuaries. The commissioner may reject an actuarial
report that does not meet the standards and principles of the Actuarial
Standards Board, and may further disqualify the actuary who prepared the report
from submitting any future actuarial reports pursuant to this chapter. Within 30
days after the actuary has been served by the commissioner with a notice of
disqualification, an actuary who is aggrieved by the disqualification may
request a hearing to be conducted in accordance with chapter 14. Based on a
review of the actuarial report, the commissioner of commerce may require an
increase in the minimum security deposit in an amount the commissioner
considers sufficient.
Estimated future liability is determined
by first taking the total amount of the self-insured's future liability of
workers' compensation claims and then deducting the total amount which is
estimated to be returned to the self-insurer from any specific excess insurance
coverage, aggregate excess insurance coverage, and any supplementary benefits
or second injury benefits which are estimated to be reimbursed by the special
compensation fund. However, in the determination of estimated future
liability, the actuary for the self-insurer shall not take a credit for any
excess insurance or reinsurance which is provided by a captive insurance
company which is wholly owned by the self-insurer. Supplementary benefits
or second injury benefits will not be reimbursed by the special compensation
fund unless the special compensation fund assessment pursuant to section
176.129 is paid and the reports required thereunder are filed with the special
compensation fund. In the case of surety bonds, bonds shall secure
administrative and legal costs in addition to the liability for payment of
compensation reflected on the face of the bond. In no event shall the security
be less than the last retention limit selected by the self-insurer with the
Workers' Compensation Reinsurance Association, provided that the commissioner
may allow former members to post less than the Workers' Compensation Reinsurance
Association retention level if that amount is adequate to secure payment of the
self-insurers' estimated future liability, as defined in this subdivision,
including payment of claims, administrative and legal costs, and unpaid
assessments required by section 79A.12, subdivision 2. The posting or
depositing of security pursuant to this section shall release all previously
posted or deposited security from any obligations under the posting or
depositing and any surety bond so released shall be returned to the surety. Any
other security shall be returned to the depositor or the person posting the
bond.
As a condition for the granting or
renewing of a certificate to self-insure, the commissioner may require a
private self-insurer to furnish any additional security the commissioner
considers sufficient to insure payment of all claims under chapter 176.
Sec. 31. Minnesota Statutes 2004, section
79A.04, subdivision 10, is amended to read:
Subd. 10. [NOTICE; OBLIGATION OF FUND.] In
the event of bankruptcy, insolvency, or certificate of default, the
commissioner shall immediately notify by certified mail the commissioner of
finance, the surety, the issuer of an irrevocable letter of credit, and any
custodian of the security required in this chapter. At the time of
notification, the commissioner shall also call the security and transfer and
assign it to the self-insurers' security fund.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4494
The commissioner
shall also immediately notify by certified mail the self-insurers' security
fund, and order the security fund to assume the insolvent self-insurers'
obligations for which it is liable under chapter 176. The security fund shall
commence payment of these obligations within 14 days of receipt of this
notification and order. Payments shall be made to claimants whose entitlement
to benefits can be ascertained by the security fund, with or without
proceedings before the Department of Labor and Industry, the Office of
Administrative Hearings, the Workers' Compensation Court of Appeals, or the
Minnesota Supreme Court. Upon the assumption of obligations by the security
fund pursuant to the commissioner's notification and order, the security fund
has the right to immediate possession of any posted or deposited security and
the custodian, surety, or issuer of any irrevocable letter of credit or the
commissioner, if in possession of it, shall turn over the security, proceeds of
the surety bond, or letter of credit to the security fund together with the
interest that has accrued since the date of the self-insured employer's
insolvency. The security fund has the right to the immediate possession of
all relevant workers' compensation claim files and data of the self-insurer,
and the possessor of the files and data must turn the files and data, or
complete copies of them, over to the security fund within five days of the
notification provided under this subdivision. If the possessor of the files and
data fails to timely turn over the files and data to the security fund, it is
liable to the security fund for a penalty of $500 per day for each day after
the five-day period has expired. The security fund is entitled to recover its
reasonable attorney fees and costs in any action brought to obtain possession
of the workers' compensation claim files and data of the self-insurer, and for
any action to recover the penalties provided by this subdivision. The
self-insurers' security fund may administer payment of benefits or it may
retain a third-party administrator to do so.
Sec. 32. Minnesota Statutes 2004, section
79A.06, subdivision 5, is amended to read:
Subd. 5. [PRIVATE EMPLOYERS WHO HAVE
CEASED TO BE SELF-INSURED.] (a) Private employers who have ceased to be private
self-insurers shall discharge their continuing obligations to secure the
payment of compensation which is accrued during the period of self-insurance,
for purposes of Laws 1988, chapter 674, sections 1 to 21, by compliance with
all of the following obligations of current certificate holders:
(1) Filing reports with the commissioner
to carry out the requirements of this chapter;
(2) Depositing and maintaining a security
deposit for accrued liability for the payment of any compensation which may
become due, pursuant to chapter 176. However, if a private employer who has
ceased to be a private self-insurer purchases an insurance policy from an
insurer authorized to transact workers' compensation insurance in this state
which provides coverage of all claims for compensation arising out of injuries
occurring during the entire period the employer was self-insured, whether or
not reported during that period, the policy will:
(i) discharge the obligation of the employer
to maintain a security deposit for the payment of the claims covered under the
policy;
(ii) discharge any obligation which the
self-insurers' security fund has or may have for payment of all claims for
compensation arising out of injuries occurring during the period the employer
was self-insured, whether or not reported during that period; and
(iii) discharge the obligations of the
employer to pay any future assessments to the self-insurers' security fund.
A private employer who has ceased to be a
private self-insurer may instead buy an insurance policy described above,
except that it covers only a portion of the period of time during which the
private employer was self-insured; purchase of such a policy discharges any
obligation that the self-insurers' security fund has or may have for payment of
all claims for compensation arising out of injuries occurring during the period
for which the policy provides coverage, whether or not reported during that
period.
A policy described in this clause may not
be issued by an insurer unless it has previously been approved as to form and
substance by the commissioner; and
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(3) Paying within 30 days all
assessments of which notice is sent by the security fund, for a period of seven
years from the last day its certificate of self-insurance was in effect.
Thereafter, the private employer who has ceased to be a private self-insurer
may either: (i) continue to pay within 30 days all assessments of which notice
is sent by the security fund until it has no incurred liabilities for the
payment of compensation arising out of injuries during the period of
self-insurance; or (ii) pay the security fund a cash payment equal to four
percent of the net present value of all remaining incurred liabilities for the
payment of compensation under sections 176.101 and 176.111 as certified by a
member of the casualty actuarial society. Assessments shall be based on the
benefits paid by the employer during the calendar year immediately preceding
the calendar year in which the employer's right to self-insure is terminated or
withdrawn.
(b) With respect to a self-insurer who
terminates its self-insurance authority after April 1, 1998, that member shall
obtain and file with the commissioner an actuarial opinion of its outstanding
liabilities as determined by an associate or fellow of the Casualty Actuarial
Society within 120 days of the date of its termination. If the actuarial
opinion is not timely filed, the self-insurers' security fund may, at its
discretion, engage the services of an actuary for this purpose. The expense of
this actuarial opinion must be assessed against and be the obligation of the
self-insurer. The commissioner may issue a certificate of default against the
self-insurer for failure to pay this assessment to the self-insurers' security
fund as provided by section 79A.04, subdivision 9. The opinion must
separate liability for indemnity benefits from liability from medical benefits,
and must discount each up to four percent per annum to net present value.
Within 30 days after notification of approval of the actuarial opinion by the
commissioner, the member shall pay to the security fund an amount equal to 120
percent of that discounted outstanding indemnity liability, multiplied by the
greater of the average annualized assessment rate since inception of the
security fund or the annual rate at the time of the most recent assessment
before termination. If the payment is not made within 30 days of the
notification, interest on it at the rate prescribed by section 549.09 must be
paid by the former member to the security fund until the principal amount is
paid in full.
(c) A former member who terminated its
self-insurance authority before April 1, 1998, who has paid assessments to the
self-insurers' security fund for seven years, and whose annualized assessment
is $500 or less, may buy out of its outstanding liabilities to the
self-insurers' security fund by an amount calculated as follows: 1.35
multiplied by the indemnity case reserves at the time of the calculation,
multiplied by the then current self-insurers' security fund annualized
assessment rate.
(d) A former member who terminated its
self-insurance authority before April 1, 1998, and who is paying assessments
within the first seven years after ceasing to be self-insured under paragraph
(a), clause (3), may elect to buy out its outstanding liabilities to the
self-insurers' security fund by obtaining and filing with the commissioner an
actuarial opinion of its outstanding liabilities as determined by an associate
or fellow of the Casualty Actuarial Society. The opinion must separate
liability for indemnity benefits from liability for medical benefits, and must
discount each up to four percent per annum to net present value. Within 30 days
after notification of approval of the actuarial opinion by the commissioner,
the member shall pay to the security fund an amount equal to 120 percent of
that discounted outstanding indemnity liability, multiplied by the greater of
the average annualized assessment rate since inception of the security fund or
the annual rate at the time of the most recent assessment.
(e) A former member who has paid the
security fund according to paragraphs (b) to (d) and subsequently receives
authority from the commissioner to again self-insure shall be assessed under
section 79A.12, subdivision 2, only on indemnity benefits paid on injuries that
occurred after the former member received authority to self-insure again;
provided that the member furnishes verified data regarding those benefits to
the security fund.
(f) In addition to proceedings to establish
liabilities and penalties otherwise provided, a failure to comply may be the
subject of a proceeding before the commissioner. An appeal from the
commissioner's determination may be taken pursuant to the contested case
procedures of chapter 14 within 30 days of the commissioner's written
determination.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4496
Any current or past member of
the self-insurers' security fund is subject to service of process on any claim
arising out of chapter 176 or this chapter in the manner provided by section
5.25, or as otherwise provided by law. The issuance of a certificate to
self-insure to the private self-insured employer shall be deemed to be the
agreement that any process which is served in accordance with this section
shall be of the same legal force and effect as if served personally within this
state.
Sec. 33. Minnesota Statutes 2004, section
79A.12, subdivision 2, is amended to read:
Subd. 2. [ASSESSMENT.] The security fund
may assess each of its members a pro rata share of the funding necessary to
carry out its obligation and the purposes of this chapter. Total annual
assessments in any calendar year shall not exceed ten percent of the
workers' compensation benefits paid under sections 176.101 and 176.111 during
the previous paid indemnity losses, as defined in section 176.129, made
by the self-insured employer during the preceding calendar year. The annual
assessment calculation shall not include supplementary benefits paid which will
be reimbursed by the special compensation fund. Funds obtained by assessments
pursuant to this subdivision may only be used for the purposes of this chapter.
The trustees shall certify to the commissioner the collection and receipt of
all money from assessments, noting any delinquencies. The trustees shall take
any action deemed appropriate to collect any delinquent assessments.
Sec. 34. Minnesota Statutes 2004, section
79A.22, subdivision 11, is amended to read:
Subd. 11. [DISBURSEMENT OF FUND SURPLUS.]
(a) One hundred Except as otherwise provided in paragraphs (b) and
(c), 100 percent of any surplus money for a fund year in excess of 125
percent of the amount necessary to fulfill all obligations under the Workers'
Compensation Act, chapter 176, for that fund year may be declared refundable to
a member eligible members at any time. The date shall be no
earlier than 18 months following the end of such fund year. The first
disbursement of fund surplus may not be made prior to the written approval of
the commissioner. There can be no more than one refund made in any 12-month
period.
(b) Except as otherwise provided in
paragraph (c), for groups that have been in existence for five years or more,
100 percent of any surplus money for a fund year in excess of 110 percent of
the amount necessary to fulfill all obligations under the Workers' Compensation
Act, chapter 176, for that fund year may be declared refundable to eligible
members at any time.
(c) Excess surplus distributions under
paragraphs (a) and (b) may not be greater than the combined surplus of the
group at the time of the distribution.
(d) When all the claims of any one
fund year have been fully paid, as certified by an actuary, all surplus money
from that fund year may be declared refundable.
(b) (e) The commercial
self-insurance group shall give ten days' prior notice to the
commissioner of any refund. Said The notice shall must
be accompanied by a statement from the commercial self-insurer group's
certified public accountant certifying that the proposed refund is in
compliance with paragraph (a) this subdivision.
Sec. 35. Minnesota Statutes 2004, section
79A.22, is amended by adding a subdivision to read:
Subd. 14. [ALL STATES COVERAGE.] Policies
issued by commercial self-insurance groups pursuant to this chapter may also
provide workers' compensation coverage required under the laws of states other
than Minnesota, commonly known as "all states coverage." The coverage
must be provided to members of the group which are temporarily performing work
in another state.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4497
Sec. 36. Minnesota Statutes
2004, section 176.191, subdivision 3, is amended to read:
Subd. 3. [INSURER PAYMENT.] If a dispute
exists as to whether an employee's injury is compensable under this chapter and
the employee is otherwise covered by an insurer or entity pursuant to
chapters 62A, 62C and, 62D, 62E, 62R, and 62T, that
insurer or entity shall pay any medical costs incurred by the employee
for the injury up to the limits of the applicable coverage and shall make any
disability payments otherwise payable by that insurer or entity in the
absence of or in addition to workers' compensation liability. If the injury is
subsequently determined to be compensable pursuant to this chapter, the
workers' compensation insurer shall be ordered to reimburse the insurer or
entity that made the payments for all payments made under this subdivision
by the insurer or entity, including interest at a rate of 12 percent a
year. If a payment pursuant to this subdivision exceeds the reasonable value as
permitted by sections 176.135 and 176.136, the provider shall reimburse the
workers' compensation insurer for all the excess as provided by rules
promulgated by the commissioner.
Sec. 37. Laws 1985, chapter 85, section 1,
is amended to read:
Section 1. [CERTAIN COUNTIES; JOINT
AGREEMENTS FOR INSURANCE COVERAGE.]
(a) The counties of Aitkin, Itasca,
Koochiching and St. Louis, and political subdivisions located in those
counties, except the city of Duluth, when two or more of them are acting
jointly under Minnesota Statutes, section 471.61, subdivision 1, or section
471.59 for purposes of section 471.61, may act jointly for the same purposes
with any nonprofit organization organized under the laws of Minnesota and which
is exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue
Code 1954, as amended through December 31, 1984.
(b) Notwithstanding Minnesota Statutes,
sections 62L.03; 62L.04; 62L.045; or any other provision of Minnesota Statutes,
chapter 62L, an arrangement described in paragraph (a) may provide the same
health coverage under the same plan and premium rates to its member employers
that have 50 or fewer employees that the arrangement provides to its member
employers that have more than 50 employees. The insurer offering the plan need
not offer this same plan to small employers that are not member employers in
the arrangement described in paragraph (a).
(c) Paragraph (b) is a pilot project
that expires at the end of its third full plan year after its date of
enactment. After the second full plan year, the entity operating an arrangement
described in paragraph (a) shall provide a written report to the commissioner
of commerce summarizing the advantages and disadvantages of the pilot project
and recommending whether to make it permanent.
Sec. 38. [REPEALER.]
Minnesota Statutes 2004, sections
61A.072, subdivision 2; and 62E.03 are repealed.
Sec. 39. [EFFECTIVE DATES.]
(a) Sections 9, 13, 14, 15, 18, 22, 23,
25, and 31 to 36 are effective the day following final enactment. Section 19 is
effective the day following final enactment and applies to any action taken by
an insurer on or after that date. Sections 1, 3, 21, and 26 to 28 are effective
July 1, 2005. The remaining sections are effective August 1, 2005.
(b) Pursuant to Minnesota Statutes,
section 645.023, subdivision 1, clause (a), local approval of section 37 is not
required. Section 37 is effective the day following final enactment."
Delete the title and insert:
"A bill for an act relating to insurance; regulating
agency terminations, coverages, fees, forms, disclosures, reports, information
security, and premiums; amending Minnesota Statutes 2004, sections 60A.14,
subdivision 1; 60A.171, subdivision 11; 60A.23, subdivision 8; 60A.966;
60A.969; 62A.136; 62A.31, subdivision 1h; 62A.315; 62A.316; 62E.12; 62E.13,
subdivision 2; 62Q.471; 62Q.65; 65A.29, subdivision 11; 65B.48, subdivision 3;
72A.20,
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4498
subdivisions 13,
36; 79.211, by adding a subdivision; 79.40; 79.56, subdivisions 1, 3; 79.62,
subdivision 3; 79A.03, subdivision 9; 79A.04, subdivisions 2, 10; 79A.06,
subdivision 5; 79A.12, subdivision 2; 79A.22, subdivision 11, by adding a
subdivision; 176.191, subdivision 3; Laws 1985, chapter 85, section 1;
proposing coding for new law in Minnesota Statutes, chapters 60A; 62L; 65A;
65B; repealing Minnesota Statutes 2004, sections 61A.072, subdivision 2;
62E.03."
We request adoption of this report and repassage of the bill.
House Conferees: Tim
Wilkin, Paul Gazelka and Joseph Atkins.
Senate Conferees: Linda
Scheid, Sandra L. Pappas and Mady Reiter.
Wilkin moved that the report of the Conference Committee on
H. F. No. 1809 be adopted and that the bill be repassed as
amended by the Conference Committee. The motion prevailed.
H. F. No. 1809, A bill for an act relating to insurance;
regulating agency terminations, coverages, fees, forms, disclosures, reports,
information security, and premiums; amending Minnesota Statutes 2004, sections
60A.14, subdivision 1; 60A.171, subdivision 11; 60A.23, subdivision 8; 60A.966;
60A.969; 62A.136; 62A.31, subdivision 1h; 62A.315; 62A.316; 62E.12; 62E.13,
subdivision 2; 62Q.471; 62Q.65; 65A.29, subdivision 11; 65B.48, subdivision 3;
72A.20, subdivisions 13, 36; 79.211, by adding a subdivision; 79.40; 79.56,
subdivisions 1, 3; 79.62, subdivision 3; 79A.03, subdivision 9; 79A.04,
subdivisions 2, 10; 79A.06, subdivision 5; 79A.12, subdivision 2; 79A.22,
subdivision 11, by adding a subdivision; 123A.21, by adding a subdivision;
176.191, subdivision 3; Laws 1985, chapter 85, section 1; proposing coding for
new law in Minnesota Statutes, chapters 60A; 60D; 65A; 65B; repealing Minnesota
Statutes 2004, sections 61A.072, subdivision 2; 62E.03.
The bill was read for the third time, as amended by Conference,
and placed upon its repassage.
The question was taken on the repassage of the bill and the
roll was called. There were 129 yeas
and 1 nay as follows:
Those who
voted in the affirmative were:
Abeler
Abrams
Anderson, B.
Anderson, I.
Atkins
Beard
Bernardy
Blaine
Brod
Buesgens
Carlson
Charron
Clark
Cornish
Cox
Cybart
Davids
Davnie
Dean
DeLaForest
Demmer
Dempsey
Dill
Dittrich
Dorn
Eastlund
Eken
Ellison
Emmer
Entenza
Erhardt
Erickson
Finstad
Fritz
Garofalo
Gazelka
Greiling
Gunther
Hackbarth
Hamilton
Hansen
Hausman
Heidgerken
Hilstrom
Hilty
Holberg
Hoppe
Hornstein
Hortman
Hosch
Howes
Huntley
Jaros
Johnson, J.
Johnson, R.
Johnson, S.
Kahn
Kelliher
Klinzing
Knoblach
Koenen
Kohls
Krinkie
Lanning
Larson
Latz
Lenczewski
Lesch
Liebling
Lieder
Lillie
Loeffler
Magnus
Mahoney
Mariani
Marquart
McNamara
Meslow
Moe
Mullery
Murphy
Nelson, M.
Nelson, P.
Newman
Nornes
Olson
Opatz
Otremba
Ozment
Paulsen
Paymar
Pelowski
Penas
Peppin
Peterson, A.
Peterson, N.
Peterson, S.
Poppe
Powell
Rukavina
Ruth
Ruud
Sailer
Samuelson
Scalze
Seifert
Sertich
Severson
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4499
Sieben
Simon
Simpson
Slawik
Smith
Soderstrom
Solberg
Sykora
Thao
Thissen
Tingelstad
Urdahl
Vandeveer
Wagenius
Wardlow
Welti
Westerberg
Westrom
Wilkin
Zellers
Spk. Sviggum
Those who
voted in the negative were:
Goodwin
The bill was repassed, as amended by Conference, and its title
agreed to.
REPORT FROM THE COMMITTEE ON
RULES AND
LEGISLATIVE ADMINISTRATION
Paulsen from the Committee on Rules and Legislative
Administration, pursuant to rule 1.21, designated the following bills to be
placed on the Supplemental Calendar for the Day for Monday, May 23, 2005:
S. F. No. 427; H. F. No. 2519;
S. F. No. 483; H. F. Nos. 2243, 2335 and 118; and
S. F. No. 893.
Paulsen moved that the House recess subject to the call of the Chair.
The motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to order by the Speaker.
The following Conference Committee Reports were received:
CONFERENCE COMMITTEE REPORT
ON H. F. NO. 1
A bill for an act relating to public safety; appropriating
money for the courts, Public Safety, and Corrections Departments, the Peace
Officer Standards and Training Board, the Private Detective Board, Human Rights
Department, and the Sentencing Guidelines Commission; making a standing appropriation
for bond service for the 911 system; appropriating money for methamphetamine
grants, homeless outreach grants, and youth intervention grants; requiring life
without release sentences for certain egregious first degree criminal sexual
conduct offenses; requiring indeterminate life sentences for certain sex
offenses; increasing statutory maximum sentences for sex offenses; authorizing
asexualization for certain sex offenders; requiring certain predatory offenders
to obtain marked vehicle license plates and drivers' licenses or identification
cards; establishing the Minnesota Sex Offender Review Board and providing its
responsibilities, including release decisions, access to data, expedited
rulemaking, and the applicability to it of contested case proceedings and the
Open Meeting Law; directing the Sentencing Guidelines Commission to modify the
sentencing guidelines; providing criminal penalties; modifying predatory
offender registration and community notification requirements; expanding
Department of Human Services access to the predatory offender registry;
modifying the human services criminal background check law; establishing an
ongoing Sex Offender Policy Board to develop uniform supervision and
professional standards; requesting the Supreme Court to study use of the court
system as an alternative to the administrative process for discharge of persons
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4500
committed as
sexually dangerous persons or sexual psychopathic personalities; making
miscellaneous technical and conforming amendments to the sex offender law;
requiring level III sex offenders to submit to polygraphs as a condition of
release; providing that computers are subject to forfeiture if used to commit
designated offenses; amending fire marshal safety law; defining explosives for
purposes of rules regulating storage and use of explosives; transferring the
youth intervention program to the Department of Public Safety; amending the
Emergency Communications Law by assessing fees and authorizing issuance of
bonds for the third phase of the statewide public safety radio communication
system; requiring a statewide human trafficking assessment and study; establishing
a gang and drug oversight council and a financial crimes oversight council;
requiring correctional facilities to provide the Bureau of Criminal
Apprehension with certain fingerprint information; requiring law enforcement
agencies to take biological specimens for DNA analysis for persons arrested for
designated crimes in 2005 and further crimes in 2010; establishing correctional
officers discipline procedures; increasing surcharges on criminal and traffic
offenders; changing certain waiting periods for limited drivers' licenses;
changing provisions relating to certain drivers' license restrictions; limiting
public defender representation; authorizing public defender access to certain
criminal justice data; requiring the revisor of statutes to publish a table
containing cross-references to Minnesota Laws imposing collateral sanctions;
requiring background checks for certain child care and placement situations;
requiring the finder of fact to find a severe aggravating factor before
imposing a sentence in excess of that provided by the Sentencing Guidelines;
providing procedures where state intends to seek an aggravated durational
departure; defining new crimes, amending crimes and imposing criminal
penalties; prohibiting persons from operating motor vehicles containing traffic
signal-override devices; requiring restraint of children under the age of
seven; providing for a study on sentencing policy; requiring a report by
counties to the legislature on level III sex offenders; amending Minnesota
Statutes 2004, sections 2.722, subdivision 1; 13.461, by adding subdivisions;
13.6905, subdivision 17; 13.82, by adding a subdivision; 13.851, subdivision 5,
by adding a subdivision; 13.87, subdivision 3; 13.871, subdivision 5; 13D.05,
subdivision 2; 16C.09; 43A.047; 84.362; 116L.30; 144.335, by adding a
subdivision; 144A.135; 152.02, subdivisions 4, 5; 168.12, by adding a
subdivision; 169.06, by adding a subdivision; 169.71, subdivision 1; 169A.275,
subdivision 1; 169A.52, subdivision 4; 169A.60, subdivisions 10, 11; 169A.63,
subdivision 8; 169A.70, subdivision 3, by adding subdivisions; 171.07,
subdivisions 1, 3; 171.09; 171.20, subdivision 4; 171.26; 171.30, subdivision
2a; 214.04, subdivision 1; 216D.08, subdivisions 1, 2; 237.70, subdivision 7;
241.67, subdivision 3; 242.195, subdivision 1; 243.1606, subdivision 1;
243.166; 243.167; 243.24, subdivision 2; 244.05, subdivisions 4, 5, 6, 7;
244.052, subdivisions 3, 4, by adding subdivisions; 244.09, subdivision 5;
244.10, subdivision 2, by adding subdivisions; 244.18, subdivision 2; 245C.03,
subdivision 1; 245C.13, subdivision 2; 245C.15, subdivisions 1, 2, 3, 4;
245C.17, subdivisions 1, 2, 3; 245C.21, subdivisions 3, 4; 245C.22, by adding a
subdivision; 245C.23, subdivision 1; 245C.24, subdivisions 2, 3, 4, by adding a
subdivision; 245C.30, subdivisions 1, 2; 246.13; 253B.18, subdivisions 4a, 5,
by adding a subdivision; 259.11; 259.24, subdivisions 1, 2a, 5, 6a; 260C.201,
subdivision 11; 260C.212, subdivision 4; 282.04, subdivision 2; 299A.38,
subdivisions 2, 2a, 3; 299A.465, by adding subdivisions; 299C.03; 299C.08;
299C.093; 299C.095, subdivision 1; 299C.10, subdivision 1, by adding a
subdivision; 299C.11; 299C.14; 299C.145, subdivision 3; 299C.155; 299C.21;
299C.65, subdivisions 1, 2, 5, by adding a subdivision; 299F.011, subdivision
7; 299F.014; 299F.05; 299F.051, subdivision 4; 299F.06, subdivision 1; 299F.19,
subdivisions 1, 2; 299F.362, subdivisions 3, 4; 299F.391, subdivision 1;
299F.46, subdivisions 1, 3; 325F.04; 326.3382, by adding a subdivision;
326.3384, subdivision 1; 343.31; 357.021, subdivisions 6, 7; 357.18,
subdivision 3; 403.02, subdivisions 7, 13, 17, by adding a subdivision;
403.025, subdivisions 3, 7; 403.05, subdivision 3; 403.07, subdivision 3;
403.08, subdivision 10; 403.11, subdivisions 1, 3, 3a; 403.113, subdivision 1;
403.21, subdivision 8; 403.27, subdivisions 3, 4, by adding subdivisions;
403.30, subdivisions 1, 3, by adding subdivisions; 508.82, subdivision 1;
508A.82, subdivision 1; 518B.01, by adding a subdivision; 590.01, subdivision 1,
by adding a subdivision; 609.02, subdivision 16; 609.108, subdivisions 1, 3, 4,
6, 7; 609.109, subdivisions 3, 4, 5, 6, 7; 609.1095, subdivisions 2, 4;
609.115, by adding a subdivision; 609.117; 609.1351; 609.185; 609.2231,
subdivision 3; 609.2242, subdivision 3; 609.229, subdivision 3, by adding a
subdivision; 609.321, subdivision 12; 609.341, subdivision 14, by adding
subdivisions; 609.342, subdivisions 2, 3; 609.343, subdivisions 2, 3; 609.344,
subdivisions 2, 3; 609.345, subdivisions 2, 3; 609.347; 609.3471; 609.348;
609.353; 609.485, subdivisions 2, 4; 609.487, by adding a subdivision; 609.50,
subdivision 1; 609.505; 609.52, subdivision 2; 609.527, subdivisions 1, 3, 4,
6, by adding a subdivision; 609.531, subdivision 1; 609.5311, subdivisions 2,
3; 609.5312, subdivisions 1, 3, 4, by adding a subdivision; 609.5314,
subdivision 1;
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4501
609.5317,
subdivision 1; 609.5318, subdivision 1; 609.605, subdivisions 1, 4; 609.725;
609.748, subdivisions 2, 3a, by adding a subdivision; 609.749, subdivision 2;
609.763, subdivision 3; 609.79, subdivision 2; 609.795, by adding a
subdivision; 609A.02, subdivision 3; 609A.03, subdivision 7; 611.14; 611.16;
611.25, subdivision 1; 611.272; 611A.01; 611A.036; 611A.19; 611A.53,
subdivision 1b; 617.23, subdivisions 2, 3; 624.22, subdivision 1; 626.04;
626.556, subdivision 3; 626.557, subdivisions 12b, 14; 631.045; 631.425,
subdivision 4; 641.21; Laws 2004, chapter 201, section 22; proposing coding for
new law in Minnesota Statutes, chapters 171; 241; 243; 244; 260C; 299A; 299C;
590; 609; 611; 629; proposing coding for new law as Minnesota Statutes, chapter
545A; repealing Minnesota Statutes 2004, sections 69.011, subdivision 5;
243.162; 243.166, subdivisions 1, 8; 244.10, subdivisions 2a, 3; 246.017,
subdivision 1; 299A.64; 299A.65; 299A.66; 299A.68; 299C.65, subdivisions 3, 4,
6, 7, 8, 8a, 9; 299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451; 299F.452;
403.025, subdivision 4; 403.30, subdivision 2; 609.108, subdivisions 2, 4, 5;
609.109, subdivisions 2, 4, 6; 609.119; 611.18; 624.04; Laws 2004, chapter 283,
section 14.
May 22, 2005
The Honorable Steve Sviggum
Speaker of the House of
Representatives
The Honorable James P.
Metzen
President of the Senate
We, the undersigned conferees for H. F. No. 1, report that we
have agreed upon the items in dispute and recommend as follows:
That the Senate recede from its amendments and that H. F. No. 1
be further amended as follows:
Delete everything after the enacting clause and insert:
"ARTICLE 1
PUBLIC SAFETY APPROPRIATIONS
Section 1. [PUBLIC SAFETY APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS"
are appropriated from the general fund, or another named fund, to the agencies
and for the purposes specified in this article, to be available for the fiscal
years indicated for each purpose. The figures "2006" and
"2007" where used in this article, mean that the appropriation or
appropriations listed under them are available for the year ending June 30,
2006, or June 30, 2007, respectively. The term "first year" means the
fiscal year ending June 30, 2006, and the term "second year" means
the fiscal year ending June 30, 2007.
SUMMARY BY FUND
2006
2007 TOTAL
General
$835,043,000 $849,704,000 $1,684,747,000
State Government Special
Revenue
43,662,000 44,415,000 88,077,000
Environmental
49,000 49,000 98,000
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4502
Special Revenue 5,634,000
5,493,000 11,127,000
Trunk
Highway
392,000 362,000 754,000
Bond
Proceeds
62,500,000
-0- 62,500,000
TOTAL
$947,280,000 $900,023,000 $1,847,303,000
APPROPRIATIONS
Available
for the Year
Ending June
30
2006 2007
Sec. 2. SUPREME COURT
Subdivision 1. Total Appropriations
$42,196,000 $42,171,000
Subd. 2. Supreme Court Operations
29,876,000 29,851,000
[JUDICIAL SALARIES.]
Effective July 1, 2005, and July 1, 2006, the salaries of judges of the Supreme
Court, Court of Appeals, and district court are increased by 1.5 percent.
[CONTINGENT ACCOUNT.] $5,000
each year is for a contingent account for expenses necessary for the normal
operation of the court for which no other reimbursement is provided.
[CHIPS WORKING GROUP.] The
state court administrator shall convene a working group of stakeholders
interested in and knowledgeable about issues related to the representation of
children and adults in CHIPS proceedings. The state court administrator shall
ensure broad representation in the group so that it includes members from
diverse parts of the state and sufficient representation of all stakeholder
groups on the issue. At a minimum, the working group shall study and make
recommendations on the appropriate assignment and use of limited public
defender resources and ways to minimize CHIPS proceedings through early
intervention initiatives such as family group conferencing, mediation, and
other innovative strategies. By January 15, 2006, the state court administrator
shall report the working group's findings and recommendations to the chairs and
ranking minority members of the senate and house committees and divisions
having jurisdiction over criminal justice and civil law policy and funding.
Subd. 3. Civil Legal Services
12,320,000 12,320,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4503
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[LEGAL SERVICES TO
LOW-INCOME CLIENTS IN FAMILY LAW MATTERS.] Of this appropriation, $877,000 each
year is to improve the access of low-income clients to legal representation in
family law matters. This appropriation must be distributed under Minnesota
Statutes, section 480.242, to the qualified legal services programs described
in Minnesota Statutes, section 480.242, subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first year does not cancel and is
available in the second year.
Sec. 3. COURT OF APPEALS
8,189,000 8,189,000
Sec. 4. TRIAL COURTS
231,039,000 231,386,000
[SPECIALTY COURTS; REPORT.]
$250,000 each year is to develop or expand specialty courts such as drug courts
and mental health courts.
By January 15, 2008, the
state court administrator shall report to the chairs and ranking minority
members of the senate and house committees and divisions having jurisdiction
over criminal justice policy and funding on how this money was used.
Sec. 5. TAX COURT
726,000 726,000
Sec. 6. UNIFORM LAWS COMMISSION 51,000 45,000
[DUES OWED.] $12,000 the
first year and $6,000 the second year are for national conference dues.
Sec. 7. BOARD ON JUDICIAL STANDARDS
277,000 277,000
[SPECIAL HEARINGS.] $25,000
each year is for special hearings. This money may not be used for operating
costs. This is a onetime appropriation.
Sec. 8. BOARD OF PUBLIC DEFENSE
60,703,000 61,801,000
Sec. 9. PUBLIC SAFETY
Subdivision 1. Total Appropriation
188,774,000 126,747,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4504
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General
81,581,000 81,332,000
Special Revenue 590,000 589,000
State Government
Special Revenue 43,662,000 44,415,000
Environmental
49,000 49,000
Trunk Highway 392,000 362,000
Bond Proceeds 62,500,000 -0-
[APPROPRIATIONS FOR
PROGRAMS.] The amounts that may be spent from this appropriation for each
program are specified in the following subdivisions.
Subd. 2. Emergency Management
2,594,000 2,594,000
Summary by Fund
General
2,545,000 2,545,000
Environmental
49,000 49,000
[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTITERRORISM GRANTS.] Unless otherwise prohibited by statute,
regulation, or other requirement, nonprofit and faith-based organizations may
apply for and receive any funds or grants, whether federal or state, made
available for antiterrorism efforts that are not distributed or encumbered for
distribution to public safety entities within a year of receipt by the
Department of Public Safety. These organizations must be considered under the
same criteria applicable to any other eligible entity and must be given equal
consideration.
Subd. 3. Criminal Apprehension
40,328,000 40,367,000
Summary by Fund
General
39,520,000 39,560,000
Special Revenue 440,000 439,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4505
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
State Government
Special Revenue 7,000 7,000
Trunk Highway 361,000 361,000
[AGENCY CUT, DISTRIBUTION.]
The general fund appropriation includes a reduction of $245,000 the first year
and $250,000 the second year. This reduction may be applied to any program
funded under this section with the exception of the Office of Justice Programs.
[COOPERATIVE INVESTIGATION
OF CROSS-JURISDICTIONAL CRIMINAL ACTIVITY.] $94,000 the first year and $93,000
the second year are appropriated from the Bureau of Criminal Apprehension
account in the special revenue fund for grants to local officials for the
cooperative investigation of cross-jurisdictional criminal activity. Any
unencumbered balance remaining in the first year does not cancel but is
available for the second year.
[LABORATORY ACTIVITIES.]
$346,000 each year is appropriated from the Bureau of Criminal Apprehension
account in the special revenue fund for laboratory activities.
[DWI LAB ANALYSIS; TRUNK
HIGHWAY FUND.] Notwithstanding Minnesota Statutes, section 161.20, subdivision
3, $361,000 each year is appropriated from the trunk highway fund for
laboratory analysis related to driving-while-impaired cases.
[DWI POLICY REFORMS.]
$60,000 the first year and $58,000 the second year are for costs associated
with DWI policy reforms contained in article 18.
[AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM.] $1,533,000 the first year and $2,318,000 the second
year are to replace the automated fingerprint identification system (AFIS).
[PREDATORY OFFENDER
REGISTRATION SYSTEM.] $1,146,000 the first year and $564,000 the second year
are to upgrade the predatory offender registration (POR) system and to increase
the monitoring and tracking of registered offenders who become noncompliant
with the law.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4506
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[CRIMINAL JUSTICE
INFORMATION SYSTEMS (CJIS) AUDIT TRAIL.] $374,000 the first year and $203,000
the second year are for the Criminal Justice Information Systems (CJIS) audit
trail.
[DNA ANALYSIS.] $757,000 the
first year and $769,000 the second year are to fund DNA analyses of biological
samples.
[LIVESCAN.] $66,000 the
first year and $69,000 the second year are to fund the ongoing costs of
Livescan.
[TEN NEW AGENTS.] $1,000,000
each year is for ten Bureau of Criminal Apprehension agents to be assigned
exclusively to methamphetamine enforcement, including the investigation of
manufacturing and distributing methamphetamine and related violence. These
appropriations are intended to increase the current allocation of Bureau of
Criminal Apprehension resources dedicated to methamphetamine enforcement.
Positions funded by these appropriations may not supplant existing agent assignments
or positions.
Subd. 4. Fire Marshal
2,845,000 2,832,000
Subd. 5. Alcohol and Gambling Enforcement
1,772,000 1,772,000
Summary by Fund
General
1,622,000 1,622,000
Special Revenue 150,000 150,000
Subd. 6. Office of Justice Programs
34,440,000 34,035,000
[GANG AND NARCOTICS STRIKE
FORCES.] $2,374,000 each year is for grants to the combined operations of the
Criminal Gang Strike Force and Narcotics Task Forces.
[CRIME VICTIM ASSISTANCE
GRANTS INCREASE.] $1,270,000 each year is to increase funding for crime victim
assistance grants for abused children, sexual assault victims, battered women,
and general crime victims.
[BATTERED WOMEN'S SHELTER
GRANTS.] $400,000 each year is to increase funding for battered women's
shelters under Minnesota Statutes, section 611A.32, and for safe houses.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4507
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[METHAMPHETAMINE TREATMENT GRANTS.] $750,000 each year is for grants to
counties for methamphetamine treatment programs. Priority should be given to
those counties that demonstrate a treatment approach that incorporates best
practices as defined by the Minnesota Department of Human Services. This is a
onetime appropriation.
[FINANCIAL CRIMES TASK FORCE.] $750,000 each year is for the Financial
Crimes Task Force. A cash or in-kind match totalling a minimum of $250,000 is
required. Before the funds may be allocated, a financial work plan must be
submitted to the commissioner of public safety.
[HUMAN TRAFFICKING; ASSESSMENT, POLICY DEVELOPMENT, AND
IMPLEMENTATION.] $50,000 each year is to conduct the study and assessment of
human trafficking under new Minnesota Statutes, sections 299A.78 and 299A.785.
[YOUTH INTERVENTION PROGRAMS.] $1,452,000 each year is for youth
intervention programs currently under Minnesota Statutes, section 116L.30, but
to be transferred to Minnesota Statutes, section 299A.73.
[HOMELESSNESS PILOT PROJECTS.] $400,000 the first year is for the
homelessness pilot projects described in article 8, section 27. This is a
onetime appropriation.
[ADMINISTRATION COSTS.] Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used to administer the grant programs.
Subd. 7. 911 Emergency Services/ARMER
43,655,000
44,408,000
This appropriation is from the state government special revenue fund
for 911 emergency telecommunications services.
[PRIOR 911 OBLIGATIONS.] $3,442,000 the first year and $3,064,000 the
second year are to fund a deficiency due to prior year obligations under
Minnesota Statutes, section 403.11, that were estimated in the December 2004
911 fund statement to be $6,504,700 on July 1, 2005. "Prior year
obligations" means reimbursable costs under Minnesota Statutes, section
403.11, subdivision 1, incurred under the terms and conditions of a contract with the state for a fiscal year preceding fiscal
year 2004,
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4508
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
that have been certified in a timely
manner in accordance with Minnesota Statutes, section 403.11, subdivision 3a,
and that are not barred by statute of limitation or other defense. The
appropriations needed for this purpose are estimated to be none in fiscal year
2008 and thereafter.
[PUBLIC SAFETY ANSWERING POINTS.]
$13,640,000 the first year and $13,664,000 the second year are to be
distributed as provided in Minnesota Statutes, section 403.113, subdivision 2.
This appropriation may only be used for public safety answering points that
have implemented phase two wireless enhanced 911 service or whose governmental
agency has made a binding commitment to the commissioner of public safety to
implement phase two wireless enhanced 911 service by January 1, 2008. If
revenue to the account is insufficient to support all appropriations from the
account for a fiscal year, this appropriation takes priority over other
appropriations, except the open appropriation in Minnesota Statutes, section
403.30, subdivision 1, for debt service on bonds previously sold.
[MEDICAL RESOURCE COMMUNICATION
CENTERS.] $682,000 the first year and $683,000 the second year are for grants
to the Minnesota Emergency Medical Services Regulatory Board for the Metro East
and Metro West Medical Resource Communication Centers that were in operation
before January 1, 2000.
[800 MEGAHERTZ DEBT SERVICE.]
$6,138,000 the first year and $6,149,000 the second year are to the
commissioner of finance to pay debt service on revenue bonds issued under
Minnesota Statutes, section 403.275. Any portion of this appropriation not
needed to pay debt service in a fiscal year may be used by the commissioner of
public safety to pay cash for any of the capital improvements for which bond
proceeds have been appropriated in subdivision 8.
[METROPOLITAN COUNCIL DEBT SERVICE.]
$1,405,000 the first year and $1,410,000 the second year are to the
commissioner of finance for payment to the Metropolitan Council for debt
service on bonds issued under Minnesota Statutes, section 403.27.
[800 MEGAHERTZ IMPROVEMENTS.]
$1,323,000 each year is for the Statewide Radio Board for costs of design,
construction, maintenance of, and improvements to those elements of the first,
second, and third phases that support mutual aid communications and emergency
medical services, and for recurring charges for leased sites and equipment for
those elements of the first, second, and third phases that support mutual aid
and emergency medical communication services.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4509
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 8. 800 MHz Public Safety
Radio and Communication
System
62,500,000
The appropriations in this subdivision are from the 911 revenue bond
proceeds account for the purposes indicated, to be available until the project
is completed or abandoned, subject to Minnesota Statutes, section 16A.642.
(a) Phase 2 Subsystems
8,000,000
To the commissioner of public safety for a grant to the Metropolitan
Emergency Services Board to pay up to 50 percent of the cost to a local
government unit of building a subsystem as part of the second phase of the
public safety radio and communication system plan under Minnesota Statutes,
section 403.36.
(b) Phase 3 System Backbone
45,000,000
To the commissioner of transportation to construct the
system backbone in the third phase of the public safety radio
and communication system plan under Minnesota Statutes,
section 403.36.
(c) Phase 3 Subsystems
9,500,000
To the commissioner of public safety to reimburse local units of
government for up to 50 percent of the cost of building a subsystem of the
public safety radio and communication system established under Minnesota
Statutes, section 403.36, in the southeast district of the State Patrol and the
counties of Benton, Sherburne, Stearns, and Wright.
(d) Bond Sale Authorization
To provide the money appropriated in this subdivision, the commissioner
of finance shall sell and issue bonds of the state in an amount up to
$62,500,000 in the manner, upon the terms, and with the effect prescribed by
Minnesota Statutes, section 403.275.
Subd. 9. Administration
609,000 738,000
[PUBLIC SAFETY OFFICERS' HEALTH INSURANCE.] $609,000 the first year and
$738,000 the second year are for public safety officers' health insurance. The
base for fiscal year 2008 is $885,000 and for fiscal year 2009 is $1,053,000.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4510
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Subd. 10. Driver and Vehicle Services
31,000 1,000
[GASOLINE THEFT.] This
appropriation is from the trunk highway fund for costs associated with
suspending licenses of persons under new section 171.175 for gasoline theft.
Sec. 10. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST)
4,154,000 4,014,000
[EXCESS AMOUNTS
TRANSFERRED.] This appropriation is from the peace officer training account in
the special revenue fund. Any new receipts credited to that account in the
first year in excess of $4,154,000 must be transferred and credited to the
general fund. Any new receipts credited to that account in the second year in
excess of $4,014,000 must be transferred and credited to the general fund.
[TECHNOLOGY IMPROVEMENTS.]
$140,000 the first year is for technology improvements.
[PEACE OFFICER TRAINING
REIMBURSEMENT.] $2,909,000 each year is for reimbursements to local governments
for peace officer training costs.
Sec. 11. BOARD OF PRIVATE DETECTIVE AND PROTECTIVE AGENT
SERVICES
126,000 126,000
Sec. 12. HUMAN RIGHTS
3,490,000 3,490,000
Sec. 13. DEPARTMENT OF CORRECTIONS
Subdivision 1. Total Appropriation
407,085,000 420,588,000
Summary by Fund
General
Fund
406,195,000 419,698,000
Special
Revenue
890,000 890,000
[APPROPRIATIONS FOR
PROGRAMS.] The amounts that may be spent from this appropriation for each
program are specified in the following subdivisions.
Subd. 2. Correctional Institutions
288,296,000 301,986,000
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4511
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Summary by Fund
General
Fund 287,716,000 301,406,000
Special
Revenue
580,000 580,000
[CONTRACTS FOR BEDS AT RUSH
CITY.] If the commissioner contracts with other states, local units of
government, or the federal government to rent beds in the Rush City
Correctional Facility, the commissioner shall charge a per diem under the
contract, to the extent possible, that is equal to or greater than the per diem
cost of housing Minnesota inmates in the facility.
Notwithstanding any law to
the contrary, the commissioner may use per diems collected under contracts for
beds at MCF-Rush City to operate the state correctional system.
[LEVEL III OFFENDER TRACKING
AND APPREHENSION.] $70,000 each year is to track and apprehend level III
predatory offenders.
[SEX OFFENDER TREATMENT AND
TRANSITIONAL SERVICES.] $1,500,000 each year is for sex offender treatment and
transitional services.
[HEALTH SERVICES.]
$3,085,000 the first year and $3,086,000 the second year are for increased
funding for health services.
[CHEMICAL DEPENDENCY
TREATMENT.] $1,000,000 each year is for increased funding for chemical
dependency treatment programs.
[WORKING GROUP ON INMATE
LABOR; REPORT.] The commissioner of corrections and the commissioner of the
Minnesota Housing Finance Agency shall convene a working group to study the
feasibility of using inmate labor to build low-income housing manufactured at
MCF-Faribault. The working group shall consist of: the chief executive officer
of MINNCOR Industries; representatives from the Builders Association of
America, Minnesota AFL-CIO, Association of Minnesota Counties, Minnesota
Manufactured Housing Association, Habitat for Humanity, and Minnesota Housing
Partnership, selected by those organizations; and any other individuals deemed
appropriate by the commissioners.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4512
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
By January 15, 2006, the
working group shall report its findings and recommendations to the chairs and
ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice and jobs, housing, and
community development policy and funding.
Subd. 3. Community Services
103,556,000 103,369,000
Summary by Fund
General
Fund
103,456,000 103,269,000
Special
Revenue
100,000 100,000
[SHORT-TERM OFFENDERS.]
$1,207,000 each year is for costs associated with the housing and care of
short-term offenders. The commissioner may use up to 20 percent of the total
amount of the appropriation for inpatient medical care for short-term offenders
with less than six months to serve as affected by the changes made to Minnesota
Statutes, section 609.105, in 2003. All funds remaining at the end of the
fiscal year not expended for inpatient medical care shall be added to and
distributed with the housing funds. These funds shall be distributed proportionately
based on the total number of days short-term offenders are placed locally, not
to exceed $70 per day. Short-term offenders may be housed in a state
correctional facility at the discretion of the commissioner.
The Department of
Corrections is exempt from the state contracting process for the purposes of
Minnesota Statutes, section 609.105, as amended by Laws 2003, First Special
Session chapter 2, article 5, sections 7 to 9.
[GPS MONITORING OF SEX
OFFENDERS.] $500,000 the first year and $162,000 the second year are for the
acquisition and service of bracelets equipped with tracking devices designed to
track and monitor the movement and location of criminal offenders. The
commissioner shall use the bracelets to monitor high-risk sex offenders who are
on supervised release, conditional release, parole, or probation to help ensure
that the offenders do not violate conditions of their release or probation.
[END OF CONFINEMENT
REVIEWS.] $94,000 each year is for end of confinement reviews.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4513
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[COMMUNITY SURVEILLANCE AND
SUPERVISION.] $1,370,000 each year is to provide housing options to maximize
community surveillance and supervision.
[INCREASE IN INTENSIVE
SUPERVISED RELEASE SERVICES.] $1,800,000 each year is to increase intensive
supervised release services.
[SEX OFFENDER ASSESSMENT
REIMBURSEMENTS.] $350,000 each year is to provide grants to counties for
reimbursements for sex offender assessments as required under Minnesota
Statutes, section 609.3452, subdivision 1, which is being renumbered as section
609.3457.
[SEX OFFENDER TREATMENT AND
POLYGRAPHS.] $1,250,000 each year is to provide treatment for sex offenders on
community supervision and to pay for polygraph testing.
[INCREASED SUPERVISION OF
SEX OFFENDERS, DOMESTIC VIOLENCE OFFENDERS, AND OTHER VIOLENT OFFENDERS.]
$1,500,000 each year is for the increased supervision of sex offenders and
other violent offenders, including those convicted of domestic abuse. These
appropriations may not be used to supplant existing state or county probation
officer positions.
The commissioner shall
distribute $1,050,000 in grants each year to Community Corrections Act counties
and $450,000 each year to the Department of Corrections Probation and
Supervised Release Unit. The commissioner shall distribute the funds to the
Community Corrections Act counties according to the formula contained in
Minnesota Statutes, section 401.10.
Prior to the distribution of
these funds, each Community Corrections Act jurisdiction and the Department of
Corrections Probation and Supervised Release Unit shall submit to the
commissioner an analysis of need along with a plan to meet their needs and
reduce the number of sex offenders and other violent offenders, including
domestic abuse offenders, on probation officer caseloads.
[COUNTY PROBATION OFFICERS.]
$500,000 each year is to increase county probation officer reimbursements.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4514
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[INTENSIVE SUPERVISION AND
AFTERCARE FOR CONTROLLED SUBSTANCES OFFENDERS; REPORT.] $600,000 each year is
for intensive supervision and aftercare services for controlled substances
offenders released from prison under Minnesota Statutes, section 244.055. These
appropriations are not added to the department's base budget. By January 15,
2008, the commissioner shall report to the chairs and ranking minority members
of the senate and house of representatives committees and divisions having
jurisdiction over criminal justice policy and funding on how this appropriation
was spent.
[REPORT ON ELECTRONIC
MONITORING OF SEX OFFENDERS.] By March 1, 2006, the commissioner shall report
to the chairs and ranking minority members of the senate and house of
representatives committees and divisions having jurisdiction over criminal
justice policy and funding on implementing an electronic monitoring system for
sex offenders who are under community supervision. The report must address the
following:
(1) the advantages and
disadvantages in implementing this system, including the impact on public
safety;
(2) the types of sex
offenders who should be subject to the monitoring;
(3) the time period that
offenders should be subject to the monitoring;
(4) the financial costs
associated with the monitoring and who should be responsible for these costs;
and
(5) the technology available
for the monitoring.
Subd. 4. Operations Support
15,233,000 15,233,000
General
Fund
15,023,000 15,023,000
Special
Revenue
210,000 210,000
[AGENCY CUT, DISTRIBUTION.]
The general fund appropriation includes a reduction of $375,000 the first year
and $325,000 the second year. This reduction may be applied to any program funded
under this section.
Journal
of the House - 66th Day - Monday, May 23, 2005 - Top of Page 4515
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
[REPORT ON CONDITIONAL
RELEASE OF CONTROLLED SUBSTANCE OFFENDERS.] $50,000 the first year is for the
commissioner to contract with an organization to evaluate the conditional
release of nonviolent controlled substance offender program described in Minnesota
Statutes, section 244.055. To the degree feasible, the evaluation must address
the recidivism rates of offenders released under the program. The commissioner
shall determine other issues to be addressed in the evaluation. By January 15,
2008, the commissioner shall forward the completed evaluation to the chairs and
ranking minority members of the senate and house of representatives committees
and divisions having jurisdiction over criminal justice policy and funding.
Sec. 14. SENTENCING GUIDELINES
463,000 463,000
Sec. 15. BOARD OF VETERINARY MEDICINE
7,000
-0-
[METHAMPHETAMINE STUDY.]
This appropriation is for the study on animal products that may be used in the
manufacture of methamphetamine described in article 7, section 20.
ARTICLE 2
SEX OFFENDERS:
MANDATORY LIFE SENTENCES FOR
CERTAIN EGREGIOUS AND
REPEAT SEX OFFENSES; CONDITIONAL
RELEASE; OTHER SENTENCING CHANGES
Section 1. Minnesota Statutes 2004,
section 244.04, subdivision 1, is amended to read:
Subdivision 1. [REDUCTION OF SENTENCE;
INMATES SENTENCED FOR CRIMES COMMITTED BEFORE 1993.] Notwithstanding the
provisions of section 609.11, subdivision 6, and section 609.109, subdivision
1, the term of imprisonment of any inmate sentenced to a presumptive fixed sentence
after May 1, 1980, and whose crime was committed before August 1, 1993, shall
be reduced in duration by one day for each two days during which the inmate
violates none of the disciplinary offense rules promulgated by the
commissioner. The reduction shall accrue to the period of supervised release to
be served by the inmate, except that the period of supervised release for a sex
offender sentenced and conditionally released by the commissioner under
section 609.108, subdivision 5, 609.3455 is governed by that
provision.
Except as otherwise provided in
subdivision 2, if an inmate whose crime was committed before August 1, 1993,
violates a disciplinary offense rule promulgated by the commissioner, good time
earned prior to the violation may not be taken away, but the inmate may be
required to serve an appropriate portion of the term of imprisonment after the
violation without earning good time.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4516
Sec. 2. Minnesota Statutes 2004,
section 244.05, subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner of
corrections shall adopt by rule standards and procedures for the revocation of
supervised or conditional release, and shall specify the period of
revocation for each violation of supervised release. Procedures for the
revocation of supervised release shall provide due process of law for
the inmate.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 3. Minnesota Statutes 2004, section
244.05, subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE
SENTENCE.] (a) An inmate serving a mandatory life sentence under section
609.106 or 609.3455, subdivision 2, must not be given supervised release
under this section.
(b) An inmate serving a mandatory
life sentence under section 609.185, clause (1), (3), (5), or (6); or
609.109, subdivision 2a 3, must not be given supervised release
under this section without having served a minimum term of 30 years.
(c) An inmate serving a mandatory
life sentence under section 609.385 must not be given supervised release under
this section without having served a minimum term of imprisonment of 17 years.
(d) An inmate serving a mandatory life
sentence under section 609.3455, subdivision 3 or 4, must not be given
supervised release under this section without having served the minimum term of
imprisonment specified by the court in its sentence.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 4. Minnesota Statutes 2004, section
244.05, subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE
SENTENCE.] (a) The commissioner of corrections may, under rules promulgated by
the commissioner, give supervised release to an inmate serving a mandatory life
sentence under section 609.185, clause (1), (3), (5), or (6); 609.109,
subdivision 2a 3; 609.3455, subdivision 3 or 4; or 609.385
after the inmate has served the minimum term of imprisonment specified in
subdivision 4.
(b) The commissioner shall require the
preparation of a community investigation report and shall consider the findings
of the report when making a supervised release decision under this subdivision.
The report shall reflect the sentiment of the various elements of the community
toward the inmate, both at the time of the offense and at the present time. The
report shall include the views of the sentencing judge, the prosecutor, any law
enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the
supervised release decision. The report shall also include the views of the
victim and the victim's family unless the victim or the victim's family chooses
not to participate.
(c) The commissioner shall make reasonable
efforts to notify the victim, in advance, of the time and place of the inmate's
supervised release review hearing. The victim has a right to submit an oral or
written statement at the review hearing. The statement may summarize the harm
suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised release at this
time. The commissioner must consider the victim's statement when making the
supervised release decision.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4517
(d) When considering whether
to give supervised release to an inmate serving a life sentence under section
609.3455, subdivision 3 or 4, the commissioner shall consider, at a minimum,
the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated,
psychological or other diagnostic evaluations of the inmate, the inmate's
criminal history, and any other relevant conduct of the inmate while
incarcerated or before incarceration. The commissioner may not give supervised
release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex
offender treatment;
(ii) the inmate has been assessed for chemical dependency
needs and, if appropriate, has successfully completed chemical dependency
treatment; and
(iii) the inmate has been assessed for mental health needs
and, if appropriate, has successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for
the inmate that ensures that, after release, the inmate will have suitable housing
and receive appropriate aftercare and community-based treatment. The
comprehensive plan also must include a postprison employment or education plan
for the inmate.
(e) As used in this subdivision, "victim"
means the individual who suffered harm as a result of the inmate's crime or, if
the individual is deceased, the deceased's surviving spouse or next of kin.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 5. Minnesota Statutes 2004, section 609.106, subdivision
2, is amended to read:
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence a
person to life imprisonment without possibility of release under the following
circumstances:
(1) the person is convicted of first degree murder under
section 609.185, paragraph (a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first degree murder
in the course of a kidnapping under section 609.185, clause (3); or
(3) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (5), or (6), and the court determines
on the record at the time of sentencing that the person has one or more
previous convictions for a heinous crime.
Sec. 6. Minnesota Statutes 2004, section 609.108, subdivision
1, is amended to read:
Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A
court shall commit a person to the commissioner of corrections for a period of
time that is not less than double the presumptive sentence under the Sentencing
Guidelines and not more than the statutory maximum, or if the statutory maximum
is less than double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:
(1) the court is imposing an executed
sentence, based on a Sentencing Guidelines presumptive imprisonment sentence
or a dispositional departure for aggravating circumstances or a mandatory
minimum sentence, on a person convicted of committing or attempting to
commit a violation of section 609.342, 609.343, 609.344, or 609.345, or
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4518
on a person
convicted of committing or attempting to commit any other crime listed in subdivision
3 if it reasonably appears to the court that the crime was motivated by the
offender's sexual impulses or was part of a predatory pattern of behavior that
had criminal sexual conduct as its goal 609.3453;
(2) the court finds factfinder
determines that the offender is a danger to public safety; and
(3) the court finds factfinder
determines that the offender needs long-term treatment or supervision
offender's criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending beyond the presumptive term of
imprisonment and supervised release. The finding must be based on a
professional assessment by an examiner experienced in evaluating sex offenders
that concludes that the offender is a patterned sex offender. The assessment
must contain the facts upon which the conclusion is based, with reference to
the offense history of the offender or the severity of the current offense, the
social history of the offender, and the results of an examination of the
offender's mental status unless the offender refuses to be examined. The
conclusion may not be based on testing alone. A patterned sex offender is one
whose criminal sexual behavior is so engrained that the risk of reoffending is
great without intensive psychotherapeutic intervention or other long-term
controls.
(b) The court shall consider imposing a
sentence under this section whenever a person is convicted of violating section
609.342 or 609.343.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 7. Minnesota Statutes 2004, section
609.108, subdivision 3, is amended to read:
Subd. 3. [PREDATORY CRIME.] A predatory
crime is a felony violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 609.342,
609.343, 609.344, 609.345, 609.365, 609.498, 609.561, or 609.582, subdivision
1. As used in this section, "predatory crime" has the meaning
given in section 609.341, subdivision 22.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 8. Minnesota Statutes 2004, section
609.108, subdivision 4, is amended to read:
Subd. 4. [DANGER TO PUBLIC SAFETY.] The court
shall base its finding factfinder shall base its determination that
the offender is a danger to public safety on any of the following factors:
(1) the crime involved an aggravating
factor that would justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;
(2) the offender previously committed or
attempted to commit a predatory crime or a violation of section 609.224 or
609.2242, including:
(i) an offense committed as a juvenile
that would have been a predatory crime or a violation of section 609.224 or
609.2242 if committed by an adult; or
(ii) a violation or attempted violation of
a similar law of any other state or the United States; or
(3) the offender planned or prepared for
the crime prior to its commission.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
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Day - Monday, May 23, 2005 - Top of Page 4519
Sec. 9. Minnesota Statutes 2004,
section 609.108, subdivision 6, is amended to read:
Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing under
subdivision 1, the court shall provide that after the offender has completed
the sentence imposed, less any good time earned by an offender whose crime was
committed before August 1, 1993, the commissioner of corrections shall place
the offender on conditional release for the remainder of the statutory maximum
period, or for ten years, whichever is longer. The terms of conditional
release are governed by section 609.3455.
The conditions of release may include successful completion
of treatment and aftercare in a program approved by the commissioner,
satisfaction of the release conditions specified in section 244.05, subdivision
6, and any other conditions the commissioner considers appropriate. Before the
offender is released, the commissioner shall notify the sentencing court, the
prosecutor in the jurisdiction where the offender was sentenced, and the victim
of the offender's crime, where available, of the terms of the offender's
conditional release. If the offender fails to meet any condition of release,
the commissioner may revoke the offender's conditional release and order that
the offender serve all or a part of the remaining portion of the conditional
release term in prison. The commissioner shall not dismiss the offender from
supervision before the conditional release term expires.
Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or 244.05.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 10. Minnesota Statutes 2004, section 609.341, subdivision
14, is amended to read:
Subd. 14. [COERCION.] "Coercion" means the use by
the actor of words or circumstances that cause the complainant reasonably
to fear that the actor will inflict bodily harm upon, or hold in
confinement, the complainant or another, or force the use by the
actor of confinement, or superior size or strength, against the complainant
that causes the complainant to submit to sexual penetration or contact,
but against the complainant's will. Proof of coercion does not
require proof of a specific act or threat.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 11. Minnesota Statutes 2004, section 609.341, is amended
by adding a subdivision to read:
Subd. 22. [PREDATORY CRIME.] "Predatory
crime" means a felony violation of section 609.185 (first-degree murder),
609.19 (second-degree murder), 609.195 (third-degree murder), 609.20
(first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221
(first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree
assault), 609.24 (simple robbery), 609.245 (aggravated robbery), 609.25
(kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness),
609.561 (first-degree arson), or 609.582, subdivision 1 (first-degree
burglary).
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
Sec. 12. Minnesota Statutes 2004, section 609.342, subdivision
2, is amended to read:
Subd. 2. [PENALTY.] (a) Except as otherwise provided in section
609.109 or 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 30 years or to a payment of a fine
of not more than $40,000, or both.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4520
(b) Unless a longer mandatory
minimum sentence is otherwise required by law or the Sentencing Guidelines
provide for a longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an offender
convicted of violating this section. Sentencing a person in a manner other than
that described in this paragraph is a departure from the Sentencing Guidelines.
(c) A person convicted under this
section is also subject to conditional release under section 609.3455.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 13. Minnesota Statutes 2004, section
609.342, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment
is required under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (g), the court may stay imposition or execution of
the sentence if it finds that:
(a) a stay is in the best interest of the
complainant or the family unit; and
(b) a professional assessment indicates
that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution
of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or
workhouse;
(2) a requirement that the offender
complete a treatment program; and
(3) a requirement that the offender have
no unsupervised contact with the complainant until the offender has
successfully completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 14. Minnesota Statutes 2004, section
609.343, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a) Except as
otherwise provided in section 609.109 or 609.3455, a person convicted
under subdivision 1 may be sentenced to imprisonment for not more than 25 years
or to a payment of a fine of not more than $35,000, or both.
(b) Unless a longer mandatory minimum
sentence is otherwise required by law or the Sentencing Guidelines provide for
a longer presumptive executed sentence, the court shall presume that an
executed sentence of 90 months must be imposed on an offender convicted of
violating subdivision 1, clause (c), (d), (e), (f), or (h). Sentencing a person
in a manner other than that described in this paragraph is a departure from the
Sentencing Guidelines.
(c) A person convicted under this
section is also subject to conditional release under section 609.3455.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4521
Sec. 15. Minnesota Statutes
2004, section 609.343, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment
is required under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (g), the court may stay imposition or execution of
the sentence if it finds that:
(a) a stay is in the best interest of the
complainant or the family unit; and
(b) a professional assessment indicates
that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution
of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or
workhouse;
(2) a requirement that the offender
complete a treatment program; and
(3) a requirement that the offender have
no unsupervised contact with the complainant until the offender has
successfully completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 16. Minnesota Statutes 2004, section
609.344, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] Except as otherwise
provided in section 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years or to a payment of a fine
of not more than $30,000, or both. A person convicted under this section is
also subject to conditional release under section 609.3455.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 17. Minnesota Statutes 2004, section
609.344, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment
is required under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (f), the court may stay imposition or execution of
the sentence if it finds that:
(a) a stay is in the best interest of the
complainant or the family unit; and
(b) a professional assessment indicates that
the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution
of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or
workhouse;
(2) a requirement that the offender
complete a treatment program; and
(3) a requirement that the offender have
no unsupervised contact with the complainant until the offender has
successfully completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
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Day - Monday, May 23, 2005 - Top of Page 4522
Sec. 18. Minnesota Statutes
2004, section 609.345, subdivision 2, is amended to read:
Subd. 2. [PENALTY.] Except as otherwise
provided in section 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years or to a payment of a fine
of not more than $20,000, or both. A person convicted under this section is
also subject to conditional release under section 609.3455.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 19. Minnesota Statutes 2004, section
609.345, subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment
is required under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (f), the court may stay imposition or execution of
the sentence if it finds that:
(a) a stay is in the best interest of the
complainant or the family unit; and
(b) a professional assessment indicates
that the offender has been accepted by and can respond to a treatment program.
If the court stays imposition or execution
of sentence, it shall include the following as conditions of probation:
(1) incarceration in a local jail or
workhouse;
(2) a requirement that the offender
complete a treatment program; and
(3) a requirement that the offender have
no unsupervised contact with the complainant until the offender has
successfully completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 20. [609.3453] [CRIMINAL SEXUAL
PREDATORY CONDUCT.]
Subdivision 1. [CRIME DEFINED.] A
person is guilty of criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual impulses or was
part of a predatory pattern of behavior that had criminal sexual conduct as its
goal.
Subd. 2. [PENALTY.] (a) Except
as provided in section 609.3455, the statutory maximum sentence for a violation
of subdivision 1 is: (1) 25 percent longer than for the underlying predatory
crime; or (2) 50 percent longer than for the underlying predatory crime, if the
violation is committed by a person with a previous sex offense conviction, as
defined in section 609.3455, subdivision 1.
(b) In addition to the sentence imposed
under paragraph (a), the person may also be sentenced to the payment of a fine
of not more than $20,000.
(c) A person convicted under this
section is also subject to conditional release under section 609.3455.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
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Day - Monday, May 23, 2005 - Top of Page 4523
Sec. 21. [609.3455] [DANGEROUS
SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL RELEASE.]
Subdivision 1. [DEFINITIONS.] (a) As used in this
section, the following terms have the meanings given.
(b) "Conviction" includes a conviction as an
extended jurisdiction juvenile under section 260B.130 for a violation of, or an
attempt to violate, section 609.342, 609.343, 609.344, or 609.3453, if the
adult sentence has been executed.
(c) "Extreme inhumane conditions" mean situations
where, either before or after the sexual penetration or sexual contact, the
offender knowingly causes or permits the complainant to be placed in a
situation likely to cause the complainant severe ongoing mental, emotional, or
psychological harm, or causes the complainant's death.
(d) A "heinous element" includes:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm
upon the complainant;
(3) the offender intentionally mutilated the complainant;
(4) the offender exposed the complainant to extreme inhumane
conditions;
(5) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to reasonably
believe it to be a dangerous weapon and used or threatened to use the weapon or
article to cause the complainant to submit;
(6) the offense involved sexual penetration or sexual
contact with more than one victim;
(7) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant; or
(8) the offender, without the complainant's consent, removed
the complainant from one place to another and did not release the complainant
in a safe place.
(e) "Mutilation" means the intentional infliction
of physical abuse designed to cause serious permanent disfigurement or
permanent or protracted loss or impairment of the functions of any bodily
member or organ, where the offender relishes the infliction of the abuse,
evidencing debasement or perversion.
(f) A conviction is considered a "previous sex offense
conviction" if the offender was convicted and sentenced for a sex offense
before the commission of the present offense.
(g) A conviction is considered a "prior sex offense
conviction" if the offender was convicted of committing a sex offense
before the offender has been convicted of the present offense, regardless of
whether the offender was convicted for the first offense before the commission
of the present offense, and the convictions involved separate behavioral
incidents.
(h) "Sex offense" means any violation of, or
attempt to violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
609.3453, or any similar statute of the United States, this state, or any other
state.
(i) "Torture" means the intentional infliction of
extreme mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
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Day - Monday, May 23, 2005 - Top of Page 4524
(j) An offender has "two
previous sex offense convictions" only if the offender was convicted and
sentenced for a sex offense committed after the offender was earlier convicted
and sentenced for a sex offense and both convictions preceded the commission of
the present offense of conviction.
Subd. 2. [MANDATORY LIFE SENTENCE WITHOUT RELEASE FOR
PARTICULARLY EGREGIOUS FIRST-TIME AND REPEAT OFFENDERS.] (a) Notwithstanding
the statutory maximum penalty otherwise applicable to the offense, the court
shall sentence a person convicted under section 609.342, subdivision 1,
paragraph (c), (d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c),
(d), (e), (f), or (h), to life without the possibility of release if:
(1) the factfinder determines that two or more heinous
elements exist; or
(2) the person has a previous sex offense conviction for a
violation of section 609.342, 609.343, or 609.344, and the fact finder
determines that a heinous element exists for the present offense.
(b) A factfinder may not consider a heinous element if it is
an element of the underlying specified violation of section 609.342 or 609.343.
In addition, when determining whether two or more heinous elements exist, the
factfinder may not use the same underlying facts to support a determination
that more than one element exists.
Subd. 3. [MANDATORY LIFE SENTENCE FOR EGREGIOUS
FIRST-TIME OFFENDERS.] (a) Notwithstanding the statutory maximum penalty
otherwise applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted under section 609.342,
subdivision 1, paragraph (c), (d), (e), (f), or (h), or 609.343, subdivision 1,
paragraph (c), (d), (e), (f), or (h); and the factfinder determines that a
heinous element exists.
(b) The factfinder may not consider a heinous element if it
is an element of the underlying specified violation of section 609.342 or
609.343.
Subd. 4. [MANDATORY LIFE SENTENCE; REPEAT OFFENDERS.] (a)
Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person to imprisonment for life if the
person is convicted of violating section 609.342, 609.343, 609.344, 609.345, or
609.3453 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
(ii) the person received an upward durational departure from
the sentencing guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under section 609.108 for the
previous sex offense conviction; or
(3) the person has two prior sex offense convictions, the
prior convictions and present offense involved at least three separate victims,
and:
(i) the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal
sexual conduct convictions;
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(ii) the person received an
upward durational departure from the sentencing guidelines for one of the prior
sex offense convictions; or
(iii) the person was sentenced under
section 609.108 for one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a
court may not sentence a person to imprisonment for life for a violation of
section 609.345, unless the person's previous or prior sex offense convictions
that are being used as the basis for the sentence are for violations of section
609.342, 609.343, 609.344, or 609.3453, or any similar statute of the United
States, this state, or any other state.
Subd. 5. [LIFE SENTENCES; MINIMUM
TERM OF IMPRISONMENT.] At the time of sentencing under subdivision 3 or 4,
the court shall specify a minimum term of imprisonment, based on the sentencing
guidelines or any applicable mandatory minimum sentence, that must be served
before the offender may be considered for supervised release.
Subd. 6. [MANDATORY TEN-YEAR
CONDITIONAL RELEASE TERM.] Notwithstanding the statutory maximum sentence
otherwise applicable to the offense and unless a longer conditional release
term is required in subdivision 7, when a court commits an offender to the
custody of the commissioner of corrections for a violation of section 609.342,
609.343, 609.344, 609.345, or 609.3453, the court shall provide that, after the
offender has completed the sentence imposed, the commissioner shall place the
offender on conditional release for ten years, minus the time the offender
served on supervised release.
Subd. 7. [MANDATORY LIFETIME
CONDITIONAL RELEASE TERM.] (a) When a court sentences an offender under
subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on
conditional release for the remainder of the offender's life.
(b) Notwithstanding the statutory
maximum sentence otherwise applicable to the offense, when the court commits an
offender to the custody of the commissioner of corrections for a violation of
section 609.342, 609.343, 609.344, 609.345, or 609.3453, and the offender has a
previous or prior sex offense conviction, the court shall provide that, after
the offender has completed the sentence imposed, the commissioner shall place
the offender on conditional release for the remainder of the offender's life.
(c) Notwithstanding paragraph (b), an
offender may not be placed on lifetime conditional release for a violation of
section 609.345, unless the offender's previous or prior sex offense conviction
is for a violation of section 609.342, 609.343, 609.344, or 609.3453, or any
similar statute of the United States, this state, or any other state.
Subd. 8. [TERMS OF CONDITIONAL
RELEASE; APPLICABLE TO ALL SEX OFFENDERS.] (a) The provisions of this
subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344,
609.345, or 609.3453. Except as provided in this subdivision, conditional
release of sex offenders is governed by provisions relating to supervised
release. The commissioner of corrections may not dismiss an offender on
conditional release from supervision until the offender's conditional release
term expires.
(b) The conditions of release may
include successful completion of treatment and aftercare in a program approved
by the commissioner, satisfaction of the release conditions specified in
section 244.05, subdivision 6, and any other conditions the commissioner
considers appropriate. Before the offender is placed on conditional release,
the commissioner shall notify the sentencing court and the prosecutor in the
jurisdiction where the offender was sentenced of the terms of the offender's
conditional release. The commissioner also shall make reasonable efforts to
notify the victim of the offender's crime of the terms of the offender's
conditional release. If the offender fails to meet any condition of release,
the commissioner may revoke the offender's conditional release and order that
the offender serve all or a part of the remaining portion of the conditional
release term in prison.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
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Sec. 22. [SENTENCING GUIDELINES,
MODIFICATIONS.]
(a) By January 15, 2006, the Sentencing Guidelines
Commission shall propose to the legislature modifications to the sentencing guidelines,
including the guidelines grid, regarding sex offenders. When proposing the
modifications, the commission must propose a separate sex offender grid based
on the sentencing changes made in this act relating to sex offenders.
(b) Modifications proposed by the commission under this
section take effect August 1, 2006, unless the legislature by law provides
otherwise.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 23. [REPEALER.]
Minnesota Statutes 2004, sections 609.108, subdivision 2;
and 609.109, subdivision 7, are repealed.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to crimes committed on or
after that date.
ARTICLE 3
SEX OFFENDERS: PREDATORY
OFFENDER REGISTRATION;
COMMUNITY NOTIFICATION;
MISCELLANEOUS PROVISIONS
Section 1. Minnesota Statutes 2004, section 13.82, is amended
by adding a subdivision to read:
Subd. 28. [DISCLOSURE OF PREDATORY OFFENDER REGISTRANT
STATUS.] Law enforcement agency disclosure to health facilities of the
registrant status of a registered predatory offender is governed by section
244.052.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 144A.135, is amended
to read:
144A.135 [TRANSFER AND DISCHARGE APPEALS.]
(a) The commissioner shall establish a mechanism for hearing
appeals on transfers and discharges of residents by nursing homes or boarding
care homes licensed by the commissioner. The commissioner may adopt permanent
rules to implement this section.
(b) Until federal regulations are adopted under sections
1819(f)(3) and 1919(f)(3) of the Social Security Act that govern appeals of the
discharges or transfers of residents from nursing homes and boarding care homes
certified for participation in Medicare or medical assistance, the commissioner
shall provide hearings under sections 14.57 to 14.62 and the rules adopted by
the Office of Administrative Hearings governing contested cases. To appeal the
discharge or transfer, or notification of an intended discharge or transfer, a
resident or the resident's representative must request a hearing in writing no
later than 30 days after receiving written notice, which conforms to state and
federal law, of the intended discharge or transfer.
(c) Hearings under this section shall be held no later than 14
days after receipt of the request for hearing, unless impractical to do so or
unless the parties agree otherwise. Hearings shall be held in the facility in
which the resident resides, unless impractical to do so or unless the parties
agree otherwise.
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(d) A resident who timely
appeals a notice of discharge or transfer, and who resides in a certified
nursing home or boarding care home, may not be discharged or transferred by the
nursing home or boarding care home until resolution of the appeal. The commissioner
can order the facility to readmit the resident if the discharge or transfer was
in violation of state or federal law. If the resident is required to be
hospitalized for medical necessity before resolution of the appeal, the
facility shall readmit the resident unless the resident's attending physician
documents, in writing, why the resident's specific health care needs cannot be
met in the facility.
(e) The commissioner and Office of
Administrative Hearings shall conduct the hearings in compliance with the
federal regulations described in paragraph (b), when adopted.
(f) Nothing in this section limits the
right of a resident or the resident's representative to request or receive
assistance from the Office of Ombudsman for Older Minnesotans or the Office of
Health Facility Complaints with respect to an intended discharge or transfer.
(g) A person required to inform a
health care facility of the person's status as a registered predatory offender
under section 243.166, subdivision 4b, who knowingly fails to do so shall be
deemed to have endangered the safety of individuals in the facility under Code
of Federal Regulations, chapter 42, section 483.12. Notwithstanding paragraph
(d), any appeal of the notice and discharge shall not constitute a stay of the
discharge.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 3. Minnesota Statutes 2004, section
241.06, is amended to read:
241.06 [RECORD OF INMATES; DEPARTMENT OF
CORRECTIONS.]
Subdivision 1. [GENERAL.] The
commissioner of corrections shall keep in the commissioner's office, accessible
only by the commissioner's consent or on the order of a judge or court of
record, a record showing the residence, sex, age, nativity, occupation, civil
condition, and date of entrance or commitment of every person, inmate, or
convict in the facilities under the commissioner's exclusive control, the date
of discharge and whether such discharge was final, the condition of such person
when the person left the facility, and the date and cause of all deaths. The
records shall state every transfer from one facility to another, naming each.
This information shall be furnished to the commissioner of corrections by each
facility, with such other obtainable facts as the commissioner may from time to
time require. The chief executive officer of each such facility, within ten
days after the commitment or entrance thereto of a person, inmate, or convict,
shall cause a true copy of the entrance record to be forwarded to the
commissioner of corrections. When a person, inmate, or convict leaves, is
discharged or transferred, or dies in any facility, the chief executive
officer, or other person in charge shall inform the commissioner of corrections
within ten days thereafter on forms furnished by the commissioner.
The commissioner of corrections may
authorize the chief executive officer of any facility under the commissioner's
control to release to probation officers, local social services agencies or
other specifically designated interested persons or agencies any information
regarding any person, inmate, or convict thereat, if, in the opinion of the
commissioner, it will be for the benefit of the person, inmate, or convict.
Subd. 2. [SEX OFFENDER INFORMATION
PROVIDED TO SUPERVISING CORRECTIONS AGENCY.] When an offender who is
required to register as a predatory offender under section 243.166 is being
released from prison, the commissioner shall provide to the corrections agency
that will supervise the offender, the offender's prison records relating to psychological
assessments, medical and mental health issues, and treatment.
[EFFECTIVE
DATE.] This section is effective July 1, 2005.
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Sec. 4. Minnesota Statutes 2004,
section 241.67, subdivision 3, is amended to read:
Subd. 3. [PROGRAMS FOR ADULT OFFENDERS
COMMITTED TO THE COMMISSIONER.] (a) The commissioner shall provide for a range
of sex offender programs, including intensive sex offender programs, within the
state adult correctional facility system. Participation in any program is
subject to the rules and regulations of the Department of Corrections. Nothing
in this section requires the commissioner to accept or retain an offender in a
program if the offender is determined by prison professionals as unamenable to
programming within the prison system or if the offender refuses or fails to
comply with the program's requirements. Nothing in this section creates a right
of an offender to treatment.
(b) The commissioner shall develop a
plan to provide for residential and outpatient sex offender programming and
aftercare when required for conditional release under section 609.108 or as a
condition of supervised release. The plan may include co-payments from the
offender, third-party payers, local agencies, or other funding sources as they
are identified.
[EFFECTIVE
DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section
241.67, subdivision 7, is amended to read:
Subd. 7. [FUNDING PRIORITY; PROGRAM
EFFECTIVENESS.] (a) Unless otherwise directed by the terms of a particular
appropriations provision, the commissioner shall give priority to the funding
of juvenile sex offender programs over the funding of adult sex offender
programs.
(b) Every county or private sex offender
program that seeks new or continued state funding or reimbursement shall
provide the commissioner with any information relating to the program's
effectiveness that the commissioner considers necessary. The commissioner shall
deny state funding or reimbursement to any county or private program that fails
to provide this information or that appears to be an ineffective program.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 6. Minnesota Statutes 2004, section
241.67, subdivision 8, is amended to read:
Subd. 8. [COMMUNITY-BASED SEX OFFENDER
PROGRAM EVALUATION PROJECT.] (a) For the purposes of this project
subdivision, a sex offender is an adult who has been convicted, or a
juvenile who has been adjudicated, for a sex offense or a sex-related offense
which would require registration under section 243.166.
(b) The commissioner shall develop a
long-term project to accomplish the following:
(1) provide collect
follow-up information on each sex offender for a period of three years
following the offender's completion of or termination from treatment for the
purpose of providing periodic reports to the legislature;
(2) provide treatment programs in several
geographical areas in the state;
(3) provide the necessary data to form the
basis to recommend a fiscally sound plan to provide a coordinated statewide
system of effective sex offender treatment programming; and
(4) provide an opportunity to local and
regional governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.
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(c) The commissioner shall
establish an advisory task force consisting of county probation officers from
Community Corrections Act counties and other counties, court services
providers, and other interested officials. The commissioner shall consult with
the task force concerning the establishment and operation of the project
on how best to implement the requirements of this subdivision.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 7. Minnesota Statutes 2004, section 242.195, subdivision
1, is amended to read:
Subdivision 1. [SEX OFFENDER PROGRAMS.] (a) The commissioner of
corrections shall develop a plan to provide for a range of sex offender
programs, including intensive sex offender programs, for juveniles within state
juvenile correctional facilities and through purchase of service from county
and private residential and outpatient juvenile sex offender programs. The
plan may include co-payments from the offenders, third-party payers, local
agencies, and other funding sources as they are identified.
(b) The commissioner shall establish and operate a residential
sex offender program at one of the state juvenile correctional facilities. The
program must be structured to address both the therapeutic and disciplinary
needs of juvenile sex offenders. The program must afford long-term residential
treatment for a range of juveniles who have committed sex offenses and have
failed other treatment programs or are not likely to benefit from an outpatient
or a community-based residential treatment program.
[EFFECTIVE DATE.] This
section is effective July 1, 2005.
Sec. 8. Minnesota Statutes 2004, section 243.166, is amended to
read:
243.166 [REGISTRATION OF PREDATORY OFFENDERS.]
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony violation
of or attempt to violate any of the following, and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of
circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision 2; soliciting
a minor to engage in prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of section 609.352;
using a minor in a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of section 617.247,
and convicted of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances; or
(3) the person was convicted of a predatory crime as defined
in section 609.108, and the offender was sentenced as a patterned sex offender
or the court found on its own motion or that of the prosecutor that the crime
was part of a predatory pattern of behavior that had criminal sexual conduct as
its goal; or
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(4) the person was convicted
of or adjudicated delinquent for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in
another state for an offense that would be a violation of a law described in
paragraph (a) if committed in this state;
(2) the person enters the state to reside, or to work or
attend school; and
(3) ten years have not elapsed since the person was released
from confinement or, if the person was not confined, since the person was
convicted of or adjudicated delinquent for the offense that triggers registration,
unless the person is subject to lifetime registration, in which case the person
must register for life regardless of when the person was released from
confinement, convicted, or adjudicated delinquent.
For purposes of this
paragraph:
(i) "school" includes any public or private
educational institution, including any secondary school, trade or professional
institution, or institution of higher education, that the person is enrolled in
on a full-time or part-time basis; and
(ii) "work" includes employment that is full time
or part time for a period of time exceeding 14 days or for an aggregate period
of time exceeding 30 days during any calendar year, whether financially
compensated, volunteered, or for the purpose of government or educational
benefit.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under section
253B.185 or Minnesota Statutes 1992, section 526.10, or a similar law of
another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in paragraph (a),
clause (1), or a similar law of another state or the United States, or the
person was charged with or petitioned for a violation of any of the offenses
listed in paragraph (a), clause (2), or a similar law of another state or the
United States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or found guilty
but mentally ill after a trial for that offense, in states with a guilty but
mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or the United
States.
Subd. 1a. [DEFINITIONS.] (a) As used in this section,
unless the context clearly indicates otherwise, the following terms have the
meanings given them.
(b) "Bureau" means the Bureau of Criminal
Apprehension.
(c) "Dwelling" means the building where the person
lives under a formal or informal agreement to do so.
(d) "Incarceration" and "confinement" do
not include electronic home monitoring.
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(e) "Law enforcement
authority" or "authority" means, with respect to a home rule
charter or statutory city, the chief of police, and with respect to an
unincorporated area, the county sheriff.
(f) "Motor vehicle" has the
meaning given in section 169.01, subdivision 2.
(g) "Primary address" means
the mailing address of the person's dwelling. If the mailing address is
different from the actual location of the dwelling, primary address also
includes the physical location of the dwelling described with as much
specificity as possible.
(h) "School" includes any
public or private educational institution, including any secondary school,
trade, or professional institution, or institution of higher education, that
the person is enrolled in on a full-time or part-time basis.
(i) "Secondary address" means
the mailing address of any place where the person regularly or occasionally
stays overnight when not staying at the person's primary address. If the
mailing address is different from the actual location of the place, secondary
address also includes the physical location of the place described with as much
specificity as possible.
(j) "Treatment facility"
means a residential facility, as defined in section 244.052, subdivision 1, and
residential chemical dependency treatment programs and halfway houses licensed
under chapter 245A, including, but not limited to, those facilities directly or
indirectly assisted by any department or agency of the United States.
(k) "Work" includes
employment that is full time or part time for a period of time exceeding 14
days or for an aggregate period of time exceeding 30 days during any calendar
year, whether financially compensated, volunteered, or for the purpose of
government or educational benefit.
Subd. 1b. [REGISTRATION REQUIRED.] (a)
A person shall register under this section if:
(1) the person was charged with or
petitioned for a felony violation of or attempt to violate, or aiding,
abetting, or conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense arising out of the
same set of circumstances:
(i) murder under section 609.185,
clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under
section 609.342; 609.343; 609.344; 609.345; 609.3451, subdivision 3; or
609.3453; or
(iv) indecent exposure under section
617.23, subdivision 3;
(2) the person was charged with or
petitioned for a violation of, or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section 609.255,
subdivision 2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in
violation of section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work involving a minor
in violation of section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of circumstances;
(3) the person was sentenced as a
patterned sex offender under section 609.108; or
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(4) the person was convicted
of or adjudicated delinquent for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2), or (3).
(b) A person also shall register under
this section if:
(1) the person was convicted of or
adjudicated delinquent in another state for an offense that would be a
violation of a law described in paragraph (a) if committed in this state;
(2) the person enters this state to
reside, work, or attend school, or enters this state and remains for 14 days or
longer; and
(3) ten years have not elapsed since
the person was released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for the offense
that triggers registration, unless the person is subject to lifetime
registration, in which case the person shall register for life regardless of
when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under
this section if the person was committed pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section 526.10, or a similar
law of another state or the United States, regardless of whether the person was
convicted of any offense.
(d) A person also shall register under
this section if:
(1) the person was charged with or
petitioned for a felony violation or attempt to violate any of the offenses
listed in paragraph (a), clause (1), or a similar law of another state or the
United States, or the person was charged with or petitioned for a violation of
any of the offenses listed in paragraph (a), clause (2), or a similar law of
another state or the United States;
(2) the person was found not guilty by
reason of mental illness or mental deficiency after a trial for that offense,
or found guilty but mentally ill after a trial for that offense, in states with
a guilty but mentally ill verdict; and
(3) the person was committed pursuant
to a court commitment order under section 253B.18 or a similar law of another
state or the United States.
Subd. 2. [NOTICE.] When a person who is
required to register under subdivision 1 1b, paragraph (a), is
sentenced or becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section and that, if
the person fails to comply with the registration requirements, information
about the offender may be made available to the public through electronic,
computerized, or other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition order. The court
shall require the person to read and sign a form stating that the duty of the
person to register under this section has been explained. The court shall
forward the signed sex offender registration form, the complaint, and
sentencing documents to the bureau of Criminal Apprehension. If a person
required to register under subdivision 1 1b, paragraph (a), was
not notified by the court of the registration requirement at the time of
sentencing or disposition, the assigned corrections agent shall notify the
person of the requirements of this section. When a person who is required to
register under subdivision 1 1b, paragraph (c) or (d), is
released from commitment, the treatment facility shall notify the person of the
requirements of this section. The treatment facility shall also obtain the
registration information required under this section and forward it to the
bureau of Criminal Apprehension.
Subd. 3. [REGISTRATION PROCEDURE.] (a) Except
as provided in subdivision 3a, a person required to register under this
section shall register with the corrections agent as soon as the agent is
assigned to the person. If the person does not have an assigned corrections
agent or is unable to locate the assigned corrections agent, the person shall
register with the law enforcement agency authority that has
jurisdiction in the area of the person's residence primary address.
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(b) Except as provided in
subdivision 3a, at least five days before the person starts living at a new
primary address, including living in another state, the person shall give
written notice of the new primary living address to the assigned
corrections agent or to the law enforcement authority with which the person
currently is registered. If the person will be living in a new state and that
state has a registration requirement, the person shall also give written notice
of the new address to the designated registration agency in the new state. A
person required to register under this section shall also give written notice
to the assigned corrections agent or to the law enforcement authority that has
jurisdiction in the area of the person's residence primary address
that the person is no longer living or staying at an address, immediately after
the person is no longer living or staying at that address. The corrections
agent or law enforcement authority shall, within two business days after
receipt of this information, forward it to the bureau of Criminal
Apprehension. The bureau of Criminal Apprehension shall, if it has
not already been done, notify the law enforcement authority having primary
jurisdiction in the community where the person will live of the new address. If
the person is leaving the state, the bureau of Criminal Apprehension
shall notify the registration authority in the new state of the new address. If
the person's obligation to register arose under subdivision 1, paragraph (b),
The person's registration requirements under this section terminate when
after the person begins living in the new state and the bureau has
confirmed the address in the other state through the annual verification
process on at least one occasion.
(c) A person required to register under subdivision 1 1b,
paragraph (b), because the person is working or attending school in Minnesota
shall register with the law enforcement agency authority that has
jurisdiction in the area where the person works or attends school. In addition
to other information required by this section, the person shall provide the
address of the school or of the location where the person is employed. A person
must shall comply with this paragraph within five days of beginning
employment or school. A person's obligation to register under this paragraph
terminates when the person is no longer working or attending school in
Minnesota.
(d) A person required to register under this section who works
or attends school outside of Minnesota shall register as a predatory offender
in the state where the person works or attends school. The person's corrections
agent, or if the person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the person's residence
primary address shall notify the person of this requirement.
Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS
PRIMARY ADDRESS.] (a) If a person leaves a primary address and does not have
a new primary address, the person shall register with the law enforcement
authority that has jurisdiction in the area where the person is staying within
24 hours of the time the person no longer has a primary address.
(b) A person who lacks a primary address shall register with
the law enforcement authority that has jurisdiction in the area where the
person is staying within 24 hours after entering the jurisdiction. Each time a
person who lacks a primary address moves to a new jurisdiction without
acquiring a new primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where the person is
staying within 24 hours after entering the jurisdiction.
(c) Upon registering under this subdivision, the person shall
provide the law enforcement authority with all of the information the
individual is required to provide under subdivision 4a. However, instead of
reporting the person's primary address, the person shall describe the location
of where the person is staying with as much specificity as possible.
(d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall report in person
on a weekly basis to the law enforcement authority with jurisdiction in the
area where the person is staying. This weekly report shall occur between the
hours of 9:00 a.m. and 5:00 p.m. The person is not required to provide the
registration information required under subdivision 4a each time the offender
reports to an authority, but the person shall inform the authority of changes
to any information provided under this subdivision or subdivision 4a and shall
otherwise comply with this subdivision.
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(e) If the law enforcement
authority determines that it is impractical, due to the person's unique
circumstances, to require a person lacking a primary address to report weekly
and in person as required under paragraph (d), the authority may authorize the
person to follow an alternative reporting procedure. The authority shall
consult with the person's corrections agent, if the person has one, in
establishing the specific criteria of this alternative procedure, subject to
the following requirements:
(1) the authority shall document, in the person's
registration record, the specific reasons why the weekly in-person reporting
process is impractical for the person to follow;
(2) the authority shall explain how the alternative
reporting procedure furthers the public safety objectives of this section;
(3) the authority shall require the person lacking a primary
address to report in person at least monthly to the authority or the person's
corrections agent and shall specify the location where the person shall report.
If the authority determines it would be more practical and would further public
safety for the person to report to another law enforcement authority with
jurisdiction where the person is staying, it may, after consulting with the
other law enforcement authority, include this requirement in the person's
alternative reporting process;
(4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph (d), if the
person moves to a new area where this process would be practical;
(5) the authority shall require the person to report any
changes to the registration information provided under subdivision 4a and to
comply with the periodic registration requirements specified under paragraph
(f); and
(6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if the person moves
to a primary address.
(f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the person shall
provide the authority with all of the information the individual is required to
provide under this subdivision and subdivision 4a at least annually, unless the
person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar
law of another state or the United States. If the person is required to
register under subdivision 1b, paragraph (c), the person shall provide the law
enforcement authority with all of the information the individual is required to
report under this subdivision and subdivision 4a at least once every three
months.
(g) A law enforcement authority receiving information under
this subdivision shall forward registration information and changes to that
information to the bureau within two business days of receipt of the
information.
(h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks a primary
address, and the person shall comply with the requirements for a person who
lacks a primary address.
Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration provided
to the corrections agent or law enforcement authority, must consist of a
statement in writing signed by the person, giving information required by the
bureau of Criminal Apprehension, a fingerprint card, and photograph of
the person taken at the time of the person's release from incarceration or, if
the person was not incarcerated, at the time the person initially registered
under this section. The registration information also must include a written
consent form signed by the person allowing a treatment facility or
residential housing unit or shelter to release information to a law
enforcement officer about the person's admission to, or residence in, a
treatment facility or residential housing unit or shelter. Registration
information on adults and juveniles may be maintained together notwithstanding
section 260B.171, subdivision 3.
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(b) For persons required to
register under subdivision 1 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar
law of another state or the United States, in addition to other information
required by this section, the registration provided to the corrections agent or
law enforcement authority must include the person's offense history and
documentation of treatment received during the person's commitment. This
documentation shall be is limited to a statement of how far the
person progressed in treatment during commitment.
(c) Within three days of receipt, the corrections agent or law
enforcement authority shall forward the registration information to the bureau of
Criminal Apprehension. The bureau shall ascertain whether the person has
registered with the law enforcement authority where the person resides in
the area of the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by subdivision 3a.
If the person has not registered with the law enforcement authority, the bureau
shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may
require that a person required to register under this section appear before the
agent or authority to be photographed. The agent or authority shall forward the
photograph to the bureau of Criminal Apprehension.
The agent or authority shall require a person required to
register under this section who is classified as a level III offender under section
244.052 to appear before the agent or authority at least every six months to be
photographed.
(e) During the period a person is required to register under
this section, the following shall provisions apply:
(1) Except for persons registering under subdivision 3a,
the bureau of Criminal Apprehension shall mail a verification form to
the last reported address of the person's residence last
reported primary address. This verification form shall must
provide notice to the offender that, if the offender does not return the
verification form as required, information about the offender may be made
available to the public through electronic, computerized, or other accessible
means. For persons who are registered under subdivision 3a, the bureau shall
mail an annual verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide the verification
form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau.
(2) The person shall mail the signed verification form back to
the bureau of Criminal Apprehension within ten days after receipt of the
form, stating on the form the current and last address of the person's residence
and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section,
a person who is assigned to risk level II or III under section 244.052, and who
is no longer under correctional supervision for a registration offense, or a
failure to register offense, but who resides, works, or attends school in
Minnesota, shall have an annual in-person contact with a law enforcement
authority as provided in this section. If the person resides in Minnesota, the
annual in-person contact shall be with the law enforcement authority that has
jurisdiction over the person's primary address or, if the person has no
address, the location where the person is staying. If the person does not
reside in Minnesota but works or attends school in this state, the person shall
have an annual in-person contact with the law enforcement authority or
authorities with jurisdiction over the person's school or workplace. During the
month of the person's birth date, the person shall report to the authority to
verify the accuracy of the registration information and to be photographed.
Within three days of this contact, the authority shall enter information as
required by the bureau into the predatory offender registration database and
submit an updated photograph of the person to the bureau's predatory offender
registration unit.
(4) If the person fails to mail the completed and signed
verification form to the bureau of Criminal Apprehension within ten days
after receipt of the form, or if the person fails to report to the law
enforcement authority during the month of the person's birth date, the
person shall be is in violation of this section.
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(5) For any person who fails
to mail the completed and signed verification form to the bureau within ten
days after receipt of the form and who has been determined to be a risk level
III offender under section 244.052, the bureau shall immediately investigate
and notify local law enforcement authorities to investigate the person's
location and to ensure compliance with this section. The bureau also shall
immediately give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last registered
address or addresses.
For persons required to
register under subdivision 1 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar
law of another state or the United States, the bureau shall comply with clause
(1) at least four times each year. For persons who, under section 244.052,
are assigned to risk level III and who are no longer under correctional
supervision for a registration offense or a failure to register offense, the
bureau shall comply with clause (1) at least two times each year. For all
other persons required to register under this section, the bureau shall comply
with clause (1) each year within 30 days of the anniversary date of the
person's initial registration.
(f) When sending out a verification form, the bureau of
Criminal Apprehension must shall determine whether the person to
whom the verification form is being sent has signed a written consent form as
provided for in paragraph (a). If the person has not signed such a consent
form, the bureau of Criminal Apprehension must shall send a
written consent form to the person along with the verification form. A person
who receives this written consent form must shall sign and return
it to the bureau of Criminal Apprehension at the same time as the
verification form.
(g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section 244.052,
subdivision 1, and residential chemical dependency treatment programs and
halfway houses licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any department or agency of
the United States.
Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) As used
in this section:
(1) "motor vehicle" has the meaning given
"vehicle" in section 169.01, subdivision 2;
(2) "primary residence" means any place where the
person resides longer than 14 days or that is deemed a primary residence by a
person's corrections agent, if one is assigned to the person; and
(3) "secondary residence" means any place where
the person regularly stays overnight when not staying at the person's primary residence,
and includes, but is not limited to:
(i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at school,
including during the summer; and
(ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
(b) A person required to register under this section
shall provide to the corrections agent or law enforcement authority the
following information:
(1) the address of the person's primary residence
address;
(2) the addresses of all of the person's
secondary residences addresses in Minnesota, including all
addresses used for residential or recreational purposes;
(3) the addresses of all Minnesota property owned, leased, or rented
by the person;
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(4) the addresses of all
locations where the person is employed;
(5) the addresses of all residences
schools where the person resides while attending school is
enrolled; and
(6) the year, model, make, license plate
number, and color of all motor vehicles owned or regularly driven by the
person.
(c) (b) The person shall
report to the agent or authority the information required to be provided under
paragraph (b) (a), clauses (2) to (6), within five days of the
date the clause becomes applicable. If because of a change in circumstances any
information reported under paragraph (b) (a), clauses (1) to (6),
no longer applies, the person shall immediately inform the agent or authority
that the information is no longer valid. If the person leaves a primary
address and does not have a new primary address, the person shall register as
provided in subdivision 3a.
Subd. 4b. [HEALTH CARE FACILITY;
NOTICE OF STATUS.] (a) As used in paragraphs (b) and (c), "health care
facility" means a hospital or other entity licensed under sections 144.50
to 144.58, a nursing home licensed to serve adults under section 144A.02, or a
group residential housing facility or an intermediate care facility for the
mentally retarded licensed under chapter 245A. As used in paragraph (d),
"health care facility" means a nursing home licensed to serve adults
under section 144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed under chapter
245A.
(b) Upon admittance to a health care
facility, a person required to register under this section shall disclose to:
(1) the health care facility employee
processing the admission the person's status as a registered predatory offender
under this section; and
(2) the person's corrections agent, or
if the person does not have an assigned corrections agent, the law enforcement
authority with whom the person is currently required to register, that
inpatient admission has occurred.
(c) A law enforcement authority or
corrections agent who receives notice under paragraph (b) or who knows that a
person required to register under this section has been admitted and is
receiving health care at a health care facility shall notify the administrator
of the facility.
(d) A health care facility that
receives notice under this subdivision that a predatory offender has been
admitted to the facility shall notify other patients at the facility of this
fact. If the facility determines that notice to a patient is not appropriate
given the patient's medical, emotional, or mental status, the facility shall
notify the patient's next of kin or emergency contact.
Subd. 5. [CRIMINAL PENALTY.] (a) A person
required to register under this section who knowingly violates any of its
provisions or intentionally provides false information to a corrections agent,
law enforcement authority, or the bureau of Criminal Apprehension is
guilty of a felony and may be sentenced to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or both.
(b) Except as provided in paragraph (c), a
person convicted of violating paragraph (a) shall be committed to the custody
of the commissioner of corrections for not less than a year and a day, nor more
than five years.
(c) A person convicted of violating
paragraph (a), who has previously been convicted of or adjudicated delinquent
for violating this section or a similar statute of another state or the
United States, shall be committed to the custody of the commissioner of
corrections for not less than two years, nor more than five years.
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(d) Prior to the time of
sentencing, the prosecutor may file a motion to have the person sentenced
without regard to the mandatory minimum sentence established by this
subdivision. The motion shall must be accompanied by a statement
on the record of the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to the mandatory
minimum sentence if the court finds substantial and compelling reasons to do
so. Sentencing a person in the manner described in this paragraph is a
departure from the Sentencing Guidelines.
(e) A person convicted and sentenced as
required by this subdivision is not eligible for probation, parole, discharge,
work release, conditional release, or supervised release, until that
person has served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04,
609.12, and 609.135.
Subd. 5a. [TEN-YEAR CONDITIONAL
RELEASE FOR VIOLATIONS COMMITTED BY LEVEL III OFFENDERS.] Notwithstanding
the statutory maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a person to the
custody of the commissioner of corrections for violating subdivision 5 and, at
the time of the violation, the person was assigned to risk level III under
section 244.052, the court shall provide that after the person has completed
the sentence imposed, the commissioner shall place the person on conditional
release for ten years. The terms of conditional release are governed by section
609.3455, subdivision 8.
Subd. 6. [REGISTRATION PERIOD.] (a)
Notwithstanding the provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to register under
this section shall continue to comply with this section until ten years have
elapsed since the person initially registered in connection with the offense,
or until the probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to register under this
section who is committed under section 253B.18 or 253B.185, the ten-year
registration period does not include the period of commitment.
(b) If a person required to register under
this section fails to register following a change in residence provide
the person's primary address as required by subdivision 3, paragraph (b), fails
to comply with the requirements of subdivision 3a, fails to provide information
as required by subdivision 4a, or fails to return the verification form
referenced in subdivision 4 within ten days, the commissioner of public
safety may require the person to continue to register for an additional period
of five years. This five-year period is added to the end of the offender's
registration period.
(c) If a person required to register under
this section is subsequently incarcerated following a conviction for a new
offense or following a revocation of probation, supervised release, or
conditional release for that any offense, or a conviction for
any new offense, the person shall continue to register until ten years have
elapsed since the person was last released from incarceration or until the
person's probation, supervised release, or conditional release period expires,
whichever occurs later.
(d) A person shall continue to comply with
this section for the life of that person:
(1) if the person is convicted of or
adjudicated delinquent for any offense for which registration is required under
subdivision 1 1b, or any offense from another state or any
federal offense similar to the offenses described in subdivision 1 1b,
and the person has a prior conviction or adjudication for an offense for which
registration was or would have been required under subdivision 1 1b,
or an offense from another state or a federal offense similar to an offense
described in subdivision 1 1b;
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(2) if the person is required to
register based upon a conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another state or the
United States;
(3) if the person is required to register
based upon a conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, paragraph
(a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or
(g); or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses described in this
clause; or
(4) if the person is required to register
under subdivision 1 1b, paragraph (c), following commitment
pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States.
Subd. 7. [USE OF INFORMATION.] Except as
otherwise provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on individuals under
section 13.02, subdivision 12. The information may be used only for law
enforcement purposes.
Subd. 7a. [AVAILABILITY OF INFORMATION ON
OFFENDERS WHO ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of
Criminal Apprehension may make information available to the public about
offenders who are 16 years of age or older and who are out of compliance with
this section for 30 days or longer for failure to provide the address of the
offenders' primary or secondary residences addresses. This
information may be made available to the public through electronic, computerized,
or other accessible means. The amount and type of information made available shall
be is limited to the information necessary for the public to assist
law enforcement in locating the offender.
(b) An offender who comes into compliance
with this section after the bureau of Criminal Apprehension discloses
information about the offender to the public may send a written request to the
bureau requesting the bureau to treat information about the offender as private
data, consistent with subdivision 7. The bureau shall review the request and
promptly take reasonable action to treat the data as private, if the offender
has complied with the requirement that the offender provide the addresses of
the offender's primary and secondary residences addresses, or
promptly notify the offender that the information will continue to be treated
as public information and the reasons for the bureau's decision.
(c) If an offender believes the
information made public about the offender is inaccurate or incomplete, the
offender may challenge the data under section 13.04, subdivision 4.
(d) The bureau of Criminal Apprehension
is immune from any civil or criminal liability that might otherwise arise,
based on the accuracy or completeness of any information made public under this
subdivision, if the bureau acts in good faith.
Subd. 8. [LAW ENFORCEMENT AUTHORITY.]
For purposes of this section, a law enforcement authority means, with respect
to a home rule charter or statutory city, the chief of police, and with respect
to an unincorporated area, the sheriff of the county.
Subd. 9. [OFFENDERS FROM OTHER STATES.] (a)
When the state accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section 243.16, the
interstate compact authorized by section 243.1605, or under any authorized
interstate agreement, the acceptance is conditional on the offender agreeing to
register under this section when the offender is living in Minnesota.
(b) The Bureau of Criminal Apprehension
shall notify the commissioner of corrections:
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(1) when the bureau receives
notice from a local law enforcement authority that a person from another state
who is subject to this section has registered with the authority, unless the
bureau previously received information about the offender from the commissioner
of corrections;
(2) when a registration authority, corrections agent, or law
enforcement agency in another state notifies the bureau that a person from
another state who is subject to this section is moving to Minnesota; and
(3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 5 for failure to
register.
(c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall provide the bureau
with information on whether the person is subject to community notification in
another state and the risk level the person was assigned, if any.
(d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources other than the
commissioner of corrections to the commissioner.
(e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement agency in another
state that a person who may be subject to this section is moving to Minnesota,
the bureau must ask whether the person entering the state is subject to
community notification in another state and the risk level the person has been
assigned, if any.
(f) When the bureau learns that a person subject to this
section intends to move into Minnesota from another state or has moved into
Minnesota from another state, the bureau shall notify the law enforcement
authority with jurisdiction in the area of the person's primary address and provide
all information concerning the person that is available to the bureau.
(g) The commissioner of corrections must determine the
parole, supervised release, or conditional release status of persons who are
referred to the commissioner under this subdivision. If the commissioner
determines that a person is subject to parole, supervised release, or
conditional release in another state and is not registered in Minnesota under
the applicable interstate compact, the commissioner shall inform the local law
enforcement agency that the person is in violation of section 243.161. If the
person is not subject to supervised release, the commissioner shall notify the
bureau and the local law enforcement agency of the person's status.
Subd. 10. [VENUE; AGGREGATION.] (a) A violation of
this section may be prosecuted in any jurisdiction where an offense takes
place. However, the prosecutorial agency in the jurisdiction where the person
last registered a primary address is initially responsible to review the case
for prosecution.
(b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the offenses in any
county in which one of the offenses was committed.
Subd. 11. [CERTIFIED COPIES AS EVIDENCE.] Certified
copies of predatory offender registration records are admissible as substantive
evidence when necessary to prove the commission of a violation of this section.
[EFFECTIVE DATE.] Except
as otherwise provided, the provisions of this section are effective the day
following final enactment and apply to persons subject to predatory offender
registration on or after that date. Subdivision 4, paragraph (e), clause (3),
is effective December 1, 2005. Subdivision 4b is effective August 1, 2005, and
applies to persons subject to predatory offender registration on or after that
date. Subdivision 5a is effective August 1, 2005, and applies to crimes
committed on or after that date. Subdivision 6, paragraph (c), is effective
August 1, 2005, and applies to any offense, revocation of probation, supervised
release, or conditional release that occurs on or after that date. Subdivision
9 is effective July 1, 2005.
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Sec. 9. Minnesota Statutes 2004,
section 243.167, is amended to read:
243.167 [REGISTRATION UNDER THE PREDATORY
OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.]
Subdivision 1. [DEFINITION.] As used in
this section, "crime against the person" means a violation of any of
the following or a similar law of another state or of the United States:
section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;
609.223; 609.2231; 609.224, subdivision 2 or 4; 609.2242, subdivision 2
or 4; 609.235; 609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23, subdivision 2; or
any felony-level violation of section 609.229; 609.377; 609.749; or 624.713.
Subd. 2. [WHEN REQUIRED.] (a) In addition
to the requirements of section 243.166, a person also shall register under
section 243.166 if:
(1) the person is convicted of a crime
against the person; and
(2) the person was previously convicted of
or adjudicated delinquent for an offense listed in section 243.166, subdivision
1, paragraph (a), but was not required to register for the offense because
the registration requirements of that section did not apply to the person at
the time the offense was committed or at the time the person was released from
imprisonment.
(b) A person who was previously required
to register under section 243.166 in any state and who has
completed the registration requirements of that section state
shall again register under section 243.166 if the person commits a crime
against the person.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section
244.05, subdivision 6, is amended to read:
Subd. 6. [INTENSIVE SUPERVISED RELEASE.]
The commissioner may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or parole term if
the commissioner determines that the action will further the goals described in
section 244.14, subdivision 1, clauses (2), (3), and (4). In addition, the
commissioner may order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term if the inmate
was convicted of a sex offense under sections section 609.342 to,
609.343, 609.344, 609.345, or 609.3453 or was sentenced under the
provisions of section 609.108. The commissioner shall order that all level
III predatory offenders be placed on intensive supervised release for the
entire supervised release, conditional release, or parole term. The
commissioner may impose appropriate conditions of release on the inmate
including but not limited to unannounced searches of the inmate's person,
vehicle, or premises by an intensive supervision agent; compliance with
court-ordered restitution, if any; random drug testing; house arrest; daily
curfews; frequent face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and electronic surveillance.
In addition, any sex offender placed on intensive supervised release may be
ordered to participate in an appropriate sex offender program as a condition of
release. If the inmate violates the conditions of the intensive supervised
release, the commissioner shall impose sanctions as provided in subdivision 3
and section 609.108 609.3455.
[EFFECTIVE
DATE.] This section is effective August 1, 2005, and applies to crimes
committed on or after that date.
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Sec. 11. Minnesota Statutes
2004, section 244.05, subdivision 7, is amended to read:
Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.] (a)
Before the commissioner releases from prison any inmate convicted under sections
section 609.342 to, 609.343, 609.344, 609.345, or
609.3453, or sentenced as a patterned offender under section 609.108, and
determined by the commissioner to be in a high risk category, the commissioner
shall make a preliminary determination whether, in the commissioner's opinion,
a petition under section 253B.185 may be appropriate. The commissioner's
opinion must be based on a recommendation of a Department of Corrections
screening committee and a legal review and recommendation from independent
counsel knowledgeable in the legal requirements of the civil commitment process.
The commissioner may retain a retired judge or other attorney to serve as
independent counsel.
(b) In making this decision, the commissioner shall have access
to the following data only for the purposes of the assessment and referral
decision:
(1) private medical data under section 13.384 or 144.335, or
welfare data under section 13.46 that relate to medical treatment of the
offender;
(2) private and confidential court services data under section
13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination, along with a
summary of the reasons for the determination, to the county attorney in the
county where the inmate was convicted no later than 12 months before the
inmate's release date. If the inmate is received for incarceration with fewer
than 12 months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months before release
which that makes the inmate's case appropriate for referral, the
commissioner shall forward the determination as soon as is practicable. Upon
receiving the commissioner's preliminary determination, the county attorney
shall proceed in the manner provided in section 253B.185. The commissioner
shall release to the county attorney all requested documentation maintained by
the department.
[EFFECTIVE DATE.] This
section is effective August 1, 2005.
Sec. 12. Minnesota Statutes 2004, section 244.052, subdivision
3, is amended to read:
Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
commissioner of corrections shall establish and administer end-of-confinement
review committees at each state correctional facility and at each state
treatment facility where predatory offenders are confined. The committees shall
assess on a case-by-case basis the public risk posed by predatory offenders who
are about to be released from confinement.
(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:
(1) the chief executive officer or head of the correctional or
treatment facility where the offender is currently confined, or that person's
designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the assessment
of sex offenders;
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(4) a caseworker experienced in
supervising sex offenders; and
(5) a victim's services professional.
Members of the committee, other than the
facility's chief executive officer or head, shall be appointed by the commissioner
to two-year terms. The chief executive officer or head of the facility or
designee shall act as chair of the committee and shall use the facility's
staff, as needed, to administer the committee, obtain necessary information
from outside sources, and prepare risk assessment reports on offenders.
(c) The committee shall have access to the
following data on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon administrative
review under this section:
(1) private medical data under section
13.384 or 144.335, or welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court
services data under section 13.84;
(3) private and confidential corrections
data under section 13.85; and
(4) private criminal history data under
section 13.87.
Data collected and maintained by the
committee under this paragraph may not be disclosed outside the committee,
except as provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and maintained by the
committee, unless the data are confidential data received under this paragraph.
(d)(i) Except as otherwise provided in item
items (ii), (iii), and (iv), at least 90 days before a predatory
offender is to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review committee for the
purpose of assessing the risk presented by the offender and determining the
risk level to which the offender shall be assigned under paragraph (e). The
offender and the law enforcement agency that was responsible for the charge
resulting in confinement shall be notified of the time and place of the
committee's meeting. The offender has a right to be present and be heard at the
meeting. The law enforcement agency may provide material in writing that is
relevant to the offender's risk level to the chair of the committee. The
committee shall use the risk factors described in paragraph (g) and the risk
assessment scale developed under subdivision 2 to determine the offender's risk
assessment score and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at the facility from
which the offender is to be released.
(ii) If an offender is received for
confinement in a facility with less than 90 days remaining in the offender's
term of confinement, the offender's risk shall be assessed at the first
regularly scheduled end of confinement review committee that convenes after the
appropriate documentation for the risk assessment is assembled by the
committee. The commissioner shall make reasonable efforts to ensure that
offender's risk is assessed and a risk level is assigned or reassigned at least
30 days before the offender's release date.
(iii) If the offender is subject to a
mandatory life sentence under section 609.3455, subdivision 3 or 4, the
commissioner of corrections shall convene the appropriate end-of-confinement
review committee at least nine months before the offender's minimum term of
imprisonment has been served. If the offender is received for confinement in a
facility with less than nine months remaining before the offender's minimum
term of imprisonment has been served, the committee shall conform its
procedures to those outlined in item (ii) to the extent practicable.
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(iv) If the offender is
granted supervised release, the commissioner of corrections shall notify the
appropriate end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next regularly scheduled
meeting. The commissioner shall make reasonable efforts to ensure that the
offender's earlier risk level determination is reviewed and the risk level is
confirmed or reassigned at least 60 days before the offender's release date.
The committee shall give the report to the offender and to the law enforcement
agency at least 60 days before an offender is released from confinement.
(e) The committee shall assign to risk
level I a predatory offender whose risk assessment score indicates a low risk
of reoffense. The committee shall assign to risk level II an offender whose
risk assessment score indicates a moderate risk of reoffense. The committee
shall assign to risk level III an offender whose risk assessment score indicates
a high risk of reoffense.
(f) Before the predatory offender is
released from confinement, the committee shall prepare a risk assessment report
which specifies the risk level to which the offender has been assigned and the
reasons underlying the committee's risk assessment decision. Except for an
offender subject to a mandatory life sentence under section 609.3455,
subdivision 3 or 4, who has not been granted supervised release, the
committee shall give the report to the offender and to the law enforcement
agency at least 60 days before an offender is released from confinement. If
the offender is subject to a mandatory life sentence and has not yet served the
entire minimum term of imprisonment, the committee shall give the report to the
offender and to the commissioner at least six months before the offender is
first eligible for release. If the risk assessment is performed under the
circumstances described in paragraph (d), item (ii), the report shall be given
to the offender and the law enforcement agency as soon as it is available. The
committee also shall inform the offender of the availability of review under
subdivision 6.
(g) As used in this subdivision,
"risk factors" includes, but is not limited to, the following
factors:
(1) the seriousness of the offense should
the offender reoffend. This factor includes consideration of the following:
(i) the degree of likely force or harm;
(ii) the degree of likely physical
contact; and
(iii) the age of the likely victim;
(2) the offender's prior offense history.
This factor includes consideration of the following:
(i) the relationship of prior victims to
the offender;
(ii) the number of prior offenses or
victims;
(iii) the duration of the offender's prior
offense history;
(iv) the length of time since the
offender's last prior offense while the offender was at risk to commit
offenses; and
(v) the offender's prior history of other
antisocial acts;
(3) the offender's characteristics. This
factor includes consideration of the following:
(i) the offender's response to prior
treatment efforts; and
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(ii) the offender's history of
substance abuse;
(4) the availability of community supports
to the offender. This factor includes consideration of the following:
(i) the availability and likelihood that
the offender will be involved in therapeutic treatment;
(ii) the availability of residential
supports to the offender, such as a stable and supervised living arrangement in
an appropriate location;
(iii) the offender's familial and social
relationships, including the nature and length of these relationships and the
level of support that the offender may receive from these persons; and
(iv) the offender's lack of education or
employment stability;
(5) whether the offender has indicated or
credible evidence in the record indicates that the offender will reoffend if
released into the community; and
(6) whether the offender demonstrates a
physical condition that minimizes the risk of reoffense, including but not
limited to, advanced age or a debilitating illness or physical condition.
(h) Upon the request of the law
enforcement agency or the offender's corrections agent, the commissioner may
reconvene the end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been assigned under
paragraph (e). In a request for a reassessment, the law enforcement agency
which was responsible for the charge resulting in confinement or agent shall
list the facts and circumstances arising after the initial assignment or facts
and circumstances known to law enforcement or the agent but not considered by
the committee under paragraph (e) which support the request for a reassessment.
The request for reassessment by the law enforcement agency must occur within 30
days of receipt of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief law
enforcement officer in the area where the offender resides or intends to
reside, may request a review of a risk level at any time if substantial
evidence exists that the offender's risk level should be reviewed by an
end-of-confinement review committee. This evidence includes, but is not limited
to, evidence of treatment failures or completions, evidence of exceptional
crime-free community adjustment or lack of appropriate adjustment, evidence of
substantial community need to know more about the offender or mitigating
circumstances that would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the offender's
behavior while under supervision. Upon review of the request, the
end-of-confinement review committee may reassign an offender to a different
risk level. If the offender is reassigned to a higher risk level, the offender
has the right to seek review of the committee's determination under subdivision
6.
(i) An offender may request the
end-of-confinement review committee to reassess the offender's assigned risk
level after three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years following subsequent
denials. In a request for reassessment, the offender shall list the facts and
circumstances which demonstrate that the offender no longer poses the same
degree of risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full compliance with
supervised release conditions, completion of required post-release treatment
programming, and full compliance with all registration requirements as detailed
in section 243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to the assignment
of the original risk level. The committee shall follow the process outlined in
paragraphs (a) to (c) in the reassessment. An offender who is incarcerated may
not request a reassessment under this paragraph.
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(j) Offenders returned to prison
as release violators shall not have a right to a subsequent risk reassessment
by the end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.
(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are released from a
federal correctional facility in Minnesota or another state and who intend to
reside in Minnesota, and to offenders accepted from another state under a
reciprocal agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make reasonable efforts to
conform to the same timelines as applied to Minnesota cases. Offenders accepted
from another state under a reciprocal agreement for probation supervision are
not assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law enforcement officer
shall manage such cases in accordance with section 244.10, subdivision 2a. The
policies and procedures of the committee for federal offenders and interstate
compact cases must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or interstate
transfers prevents such conformance.
(l) If the committee assigns a predatory offender to
risk level III, the committee shall determine whether residency restrictions
shall be included in the conditions of the offender's release based on the
offender's pattern of offending behavior.
[EFFECTIVE DATE.] This
section is effective July 1, 2005, and applies to persons subject to community
notification on or after that date.
Sec. 13. Minnesota Statutes 2004, section 244.052, is amended
by adding a subdivision to read:
Subd. 3a. [OFFENDERS FROM OTHER STATES AND OFFENDERS
RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in paragraph (b),
the commissioner shall establish an end-of-confinement review committee to
assign a risk level:
(1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional facility in
another state and who intend to reside in Minnesota;
(2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605 or any other
authorized interstate agreement; and
(3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
(b) This subdivision does not require the commissioner to
convene an end-of-confinement review committee for a person coming into
Minnesota who is subject to probation under another state's law. The probation
or court services officer and law enforcement officer shall manage such cases
in accordance with section 244.10, subdivision 2a.
(c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a Minnesota
correctional facility and shall collect all relevant information and records on
offenders assessed and assigned a risk level under this subdivision. However,
for offenders who were assigned the most serious risk level by another state,
the committee must act promptly to collect the information required under this
paragraph.
The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and follow all
policies and procedures applied to offenders released from a Minnesota
correctional facility in reviewing information and assessing the risk level of
offenders covered by this subdivision, unless restrictions caused by the nature
of federal or interstate transfers prevent such conformance. All of the
provisions of this section apply to offenders who are assessed and assigned a
risk level under this subdivision.
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(d) If a local law
enforcement agency learns or suspects that a person who is subject to this
section is living in Minnesota and a risk level has not been assigned to the
person under this section, the law enforcement agency shall provide this
information to the Bureau of Criminal Apprehension and the commissioner of
corrections within three business days.
(e) If the commissioner receives
reliable information from a local law enforcement agency or the bureau that a
person subject to this section is living in Minnesota and a local law
enforcement agency so requests, the commissioner must determine if the person
was assigned a risk level under a law comparable to this section. If the
commissioner determines that the law is comparable and public safety warrants,
the commissioner, within three business days of receiving a request, shall
notify the local law enforcement agency that it may, in consultation with the
department, proceed with notification under subdivision 4 based on the person's
out-of-state risk level. However, if the commissioner concludes that the
offender is from a state with a risk level assessment law that is not
comparable to this section, the extent of the notification may not exceed that
of a risk level II offender under subdivision 4, paragraph (b), unless the
requirements of paragraph (f) have been met. If an assessment is requested from
the end-of-confinement review committee under paragraph (f), the local law
enforcement agency may continue to disclose information under subdivision 4
until the committee assigns the person a risk level. After the committee
assigns a risk level to an offender pursuant to a request made under paragraph
(f), the information disclosed by law enforcement shall be consistent with the
risk level assigned by the end-of-confinement review committee. The
commissioner of corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this section.
(f) If the local law enforcement agency
wants to make a broader disclosure than is authorized under paragraph (e), the
law enforcement agency may request that an end-of-confinement review committee
assign a risk level to the offender. The local law enforcement agency shall
provide to the committee all information concerning the offender's criminal
history, the risk the offender poses to the community, and other relevant
information. The department shall attempt to obtain other information relevant
to determining which risk level to assign the offender. The committee shall
promptly assign a risk level to an offender referred to the committee under
this paragraph.
[EFFECTIVE
DATE.] This section is effective July 1, 2005, and applies to persons
subject to community notification on or after that date.
Sec. 14. Minnesota Statutes 2004, section
244.052, subdivision 4, is amended to read:
Subd. 4. [LAW ENFORCEMENT AGENCY;
DISCLOSURE OF INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is employed, or
is regularly found, shall disclose to the public any information regarding the
offender contained in the report forwarded to the agency under subdivision 3,
paragraph (f), that is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the guidelines in
paragraph (b). The extent of the information disclosed and the community to
whom disclosure is made must relate to the level of danger posed by the
offender, to the offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual and collective
safety.
(b) The law enforcement agency shall
employ the following guidelines in determining the scope of disclosure made
under this subdivision:
(1) if the offender is assigned to risk
level I, the agency may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies. Additionally, the
agency may disclose the information to any victims of or witnesses to the
offense committed by the offender. The agency shall disclose the information to
victims of the offense committed by the offender who have requested disclosure
and to adult members of the offender's immediate household;
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(2) if the offender is assigned
to risk level II, the agency also may disclose the information to agencies and
groups that the offender is likely to encounter for the purpose of securing
those institutions and protecting individuals in their care while they are on
or near the premises of the institution. These agencies and groups include the
staff members of public and private educational institutions, day care
establishments, and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency also may
disclose the information to individuals the agency believes are likely to be
victimized by the offender. The agency's belief shall be based on the
offender's pattern of offending or victim preference as documented in the
information provided by the department of corrections or human services;
(3) if the offender is assigned to risk
level III, the agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members of the community
whom the offender is likely to encounter, unless the law enforcement agency
determines that public safety would be compromised by the disclosure or that a
more limited disclosure is necessary to protect the identity of the victim.
Notwithstanding the assignment of a
predatory offender to risk level II or III, a law enforcement agency may not
make the disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility. However, if an
offender is placed or resides in a residential facility, the offender and the
head of the facility shall designate the offender's likely residence upon
release from the facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human services of the
offender's likely residence at least 14 days before the offender's scheduled
release date. The commissioner shall give this information to the law
enforcement agency having jurisdiction over the offender's likely residence.
The head of the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing the offender's
approved relocation plan to a permanent residence. Within five days after
receiving this notification, the appropriate commissioner shall give to the
appropriate law enforcement agency all relevant information the commissioner
has concerning the offender, including information on the risk factors in the
offender's history and the risk level to which the offender was assigned. After
receiving this information, the law enforcement agency shall make the
disclosures permitted or required by clause (2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2)
and (3), "likely to encounter" means that:
(1) the organizations or community members
are in a location or in close proximity to a location where the offender lives
or is employed, or which the offender visits or is likely to visit on a regular
basis, other than the location of the offender's outpatient treatment program;
and
(2) the types of interaction which
ordinarily occur at that location and other circumstances indicate that contact
with the offender is reasonably certain.
(d) A law enforcement agency or official
who discloses information under this subdivision shall make a good faith effort
to make the notification within 14 days of receipt of a confirmed address from
the Department of Corrections indicating that the offender will be, or has
been, released from confinement, or accepted for supervision, or has moved to a
new address and will reside at the address indicated. If a change occurs in the
release plan, this notification provision does not require an extension of the
release date.
(e) A law enforcement agency or official
who discloses information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or witnesses to
the offender's offenses.
(f) A law enforcement agency shall
continue to disclose information on an offender as required by this subdivision
for as long as the offender is required to register under section 243.166. This
requirement on a law enforcement agency to continue to disclose information
also applies to an offender who lacks a primary address and is registering
under section 243.166, subdivision 3a.
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(g) A law enforcement agency
that is disclosing information on an offender assigned to risk level III to the
public under this subdivision shall inform the commissioner of corrections what
information is being disclosed and forward this information to the commissioner
within two days of the agency's determination. The commissioner shall post this
information on the Internet as required in subdivision 4b.
(h) A city council may adopt a policy that
addresses when information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address when information
must be presented orally, in writing, or both in additional languages by the
law enforcement agency disclosing the information. The policy may provide for
different approaches based on the prevalence of non-English languages in
different neighborhoods.
(i) An offender who is the subject of a
community notification meeting held pursuant to this section may not attend the
meeting.
[EFFECTIVE
DATE.] This section is effective the day following final enactment and
applies to persons subject to community notification on or after that date.
Sec. 15. Minnesota Statutes 2004, section
244.052, is amended by adding a subdivision to read:
Subd. 4c. [LAW ENFORCEMENT AGENCY;
DISCLOSURE OF INFORMATION TO A HEALTH CARE FACILITY.] (a) The law
enforcement agency in the area where a health care facility is located shall
disclose the registrant status of any predatory offender registered under
section 243.166 to the health care facility if the registered offender is
receiving inpatient care in that facility.
(b) As used in this section,
"health care facility" means a hospital or other entity licensed
under sections 144.50 to 144.58, a nursing home licensed to serve adults under
section 144A.02, or a group residential housing facility or an intermediate
care facility for the mentally retarded licensed under chapter 245A.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 16. [244.056] [PREDATORY OFFENDER
SEEKING HOUSING IN JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.]
If a corrections agency supervising an
offender who is required to register as a predatory offender under section
243.166 and who is classified by the department as a public risk monitoring
case has knowledge that the offender is seeking housing arrangements in a
location under the jurisdiction of another corrections agency, the agency shall
notify the other agency of this and initiate a supervision transfer request.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 17. [244.057] [PLACEMENT OF PREDATORY
OFFENDER IN HOUSEHOLD WITH CHILDREN.]
A corrections agency supervising an
offender required to register as a predatory offender under section 243.166
shall notify the appropriate child protection agency before authorizing the offender
to live in a household where children are residing.
[EFFECTIVE
DATE.] This section is effective July 1, 2005.
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Sec. 18. Minnesota Statutes
2004, section 244.10, subdivision 2a, is amended to read:
Subd. 2a. [NOTICE OF INFORMATION REGARDING PREDATORY
OFFENDERS.] (a) Subject to paragraph (b), in any case in which a person is
convicted of an offense and the presumptive sentence under the Sentencing
Guidelines is commitment to the custody of the commissioner of corrections, if
the court grants a dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is assigned to supervise
the offender shall provide in writing to the following the fact that the
offender is on probation and the terms and conditions of probation:
(1) a victim of and any witnesses to the offense committed by
the offender, if the victim or the witness has requested notice; and
(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.
The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this information to
any of the following agencies or groups the offender is likely to encounter:
public and private educational institutions, day care establishments, and
establishments or organizations that primarily serve individuals likely to be victimized
by the offender. The law enforcement officer, in consultation with the
offender's probation officer, also may disclose the information to individuals
the officer believes are likely to be victimized by the offender. The officer's
belief shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the Department of
Corrections or Department of Human Services.
The probation officer is not required under this subdivision to
provide any notice while the offender is placed or resides in a residential
facility that is licensed under section 245A.02, subdivision 14, or 241.021, if
the facility staff is trained in the supervision of sex offenders.
(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.
(c) The notice authorized by paragraph (a) shall be limited to
data classified as public under section 13.84, subdivision 6, unless the
offender provides informed consent to authorize the release of nonpublic data
or unless a court order authorizes the release of nonpublic data.
(d) Nothing in this subdivision shall be interpreted to impose
a duty on any person to use any information regarding an offender about whom notification
is made under this subdivision.
[EFFECTIVE DATE.] This
section is effective August 1, 2005, and applies to offenders entering the
state, released from confinement, subject to community notification, or
sentenced on or after that date.
Sec. 19. Minnesota Statutes 2004, section 253B.18, subdivision
5, is amended to read:
Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.] (a)
A petition for an order of transfer, discharge, provisional discharge, or
revocation of provisional discharge shall be filed with the commissioner and
may be filed by the patient or by the head of the treatment facility. A patient
may not petition the special review board for six months following commitment
under subdivision 3 or following the final disposition of any previous petition
and subsequent appeal by the patient. The medical director may petition at any
time.
(b) Fourteen days prior to the hearing,
the committing court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the petitioner's
counsel shall be given written notice by the commissioner of the time and place
of the hearing before the special review board. Only those entitled to
statutory notice of the hearing or those administratively required to attend
may be present at the hearing. The patient
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may designate
interested persons to receive notice by providing the names and addresses to
the commissioner at least 21 days before the hearing. The board shall provide
the commissioner with written findings of fact and recommendations within 21
days of the hearing. The commissioner shall issue an order no later than 14
days after receiving the recommendation of the special review board. A copy of
the order shall be sent by certified mail to every person entitled to statutory
notice of the hearing within five days after it is signed. No order by the
commissioner shall be effective sooner than 30 days after the order is signed,
unless the county attorney, the patient, and the commissioner agree that it may
become effective sooner.
(c) The special review board shall hold a
hearing on each petition prior to making its recommendation to the
commissioner. The special review board proceedings are not contested cases as
defined in chapter 14. Any person or agency receiving notice that submits
documentary evidence to the special review board prior to the hearing shall
also provide copies to the patient, the patient's counsel, the county attorney
of the county of commitment, the case manager, and the commissioner.
(d) Prior to the final decision by the
commissioner, the special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.
(e) In making their recommendations and
order, the special review board and commissioner must consider any statements
received from victims under subdivision 5a.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 20. Minnesota Statutes 2004, section
253B.18, is amended by adding a subdivision to read:
Subd. 5a. [VICTIM NOTIFICATION OF
PETITION AND RELEASE; RIGHT TO SUBMIT STATEMENT.] (a) As used in this
subdivision:
(1) "crime" has the meaning
given to "violent crime" in section 609.1095, and includes criminal
sexual conduct in the fifth degree and offenses within the definition of
"crime against the person" in section 253B.02, subdivision 4a, and
also includes offenses listed in section 253B.02, subdivision 7a, paragraph
(b), regardless of whether they are sexually motivated;
(2) "victim" means a person
who has incurred loss or harm as a result of a crime the behavior for which
forms the basis for a commitment under this section or section 253B.185; and
(3) "convicted" and
"conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota
Rules of Criminal Procedure, Rule 20.02, that the elements of a crime have been
proved, and findings in commitment cases under this section or section 253B.185
that an act or acts constituting a crime occurred.
(b) A county attorney who files a
petition to commit a person under this section or section 253B.185 shall make a
reasonable effort to provide prompt notice of filing the petition to any victim
of a crime for which the person was convicted. In addition, the county attorney
shall make a reasonable effort to promptly notify the victim of the resolution
of the petition.
(c) Before provisionally discharging,
discharging, granting pass-eligible status, approving a pass plan, or otherwise
permanently or temporarily releasing a person committed under this section or
section 253B.185 from a treatment facility, the head of the treatment facility
shall make a reasonable effort to notify any victim of a crime for which the
person was convicted that the person may be discharged or released and that the
victim has a right to submit a written statement regarding decisions of the
medical director, special review board, or commissioner with respect to the
person. To the extent possible, the notice must be provided at least 14 days
before any special review board hearing or before a determination on a pass
plan.
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Day - Monday, May 23, 2005 - Top of Page 4552
(d) This subdivision applies
only to victims who have requested notification by contacting, in writing, the
county attorney in the county where the conviction for the crime occurred. A
county attorney who receives a request for notification under this paragraph
shall promptly forward the request to the commissioner of human services.
(e) The rights under this subdivision
are in addition to rights available to a victim under chapter 611A. This
provision does not give a victim all the rights of a "notified
person" or a person "entitled to statutory notice" under
subdivision 4a, 4b, or 5.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 21. Minnesota Statutes 2004, section
609.108, subdivision 7, is amended to read:
Subd. 7. [COMMISSIONER OF CORRECTIONS.]
The commissioner shall develop a plan to pay the cost of treatment of a
person released under subdivision 6. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they
are identified. This section does not require the commissioner to accept or
retain an offender in a treatment program.
[EFFECTIVE
DATE.] This section is effective July 1, 2005.
Sec. 22. Minnesota Statutes 2004, section
609.109, subdivision 7, is amended to read:
Subd. 7. [CONDITIONAL RELEASE OF SEX
OFFENDERS.] (a) Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing Guidelines, when a
court sentences a person to prison for a violation of section 609.342, 609.343,
609.344, or 609.345, the court shall provide that after the person has
completed the sentence imposed, the commissioner of corrections shall place the
person on conditional release. If the person was convicted for a violation of
section 609.342, 609.343, 609.344, or 609.345, the person shall be placed on
conditional release for five years, minus the time the person served on
supervised release. If the person was convicted for a violation of one of those
sections after a previous sex offense conviction as defined in subdivision 5,
or sentenced under subdivision 6 to a mandatory departure, the person shall be
placed on conditional release for ten years, minus the time the person served
on supervised release.
(b) The conditions of release may include
successful completion of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified in section
244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and order that the
offender serve the remaining portion of the conditional release term in prison.
The commissioner shall not dismiss the offender from supervision before the
conditional release term expires.
Conditional release under this subdivision
is governed by provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or 244.05.
(c) The commissioner shall develop a
plan to pay the cost of treatment of a person released under this
subdivision. The plan may include co-payments from offenders, third-party
payers, local agencies, and other funding sources as they are identified.
This section does not require the commissioner to accept or retain an offender
in a treatment program.
[EFFECTIVE
DATE.] This section is effective July 1, 2005.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4553
Sec. 23. Minnesota Statutes
2004, section 609.3452, subdivision 1, is amended to read:
Subdivision 1. [ASSESSMENT REQUIRED.] When
a person is convicted of a sex offense, the court shall order an independent
professional assessment of the offender's need for sex offender treatment to
be completed before sentencing. The court may waive the assessment if: (1)
the Sentencing Guidelines provide a presumptive prison sentence for the
offender, or (2) an adequate assessment was conducted prior to the conviction.
An assessor providing an assessment for the court must be experienced in the
evaluation and treatment of sex offenders.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 24. [609.3456] [USE OF POLYGRAPHS FOR
SEX OFFENDERS ON PROBATION OR CONDITIONAL RELEASE.]
(a) A court may order as an
intermediate sanction under section 609.135 and the commissioner of corrections
may order as a condition of release under section 244.05 or 609.3455 that an
offender under supervision for a sex offense submit to polygraphic examinations
to ensure compliance with the terms of probation or conditions of release.
(b) The court or commissioner may order
the offender to pay all or a portion of the costs of the examinations. The fee
may be waived if the offender is indigent or if payment would result in an
economic hardship to the offender's immediate family.
[EFFECTIVE
DATE.] This section is effective July 1, 2005.
Sec. 25. Minnesota Statutes 2004, section
626.556, subdivision 3, is amended to read:
Subd. 3. [PERSONS MANDATED TO REPORT.] (a)
A person who knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or has been
neglected or physically or sexually abused within the preceding three years,
shall immediately report the information to the local welfare agency, agency
responsible for assessing or investigating the report, police department, or
the county sheriff if the person is:
(1) a professional or professional's
delegate who is engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment, child care,
education, correctional supervision, or law enforcement; or
(2) employed as a member of the clergy and
received the information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to report information
that is otherwise privileged under section 595.02, subdivision 1, paragraph
(c).
The police department or the county
sheriff, upon receiving a report, shall immediately notify the local welfare
agency or agency responsible for assessing or investigating the report, orally
and in writing. The local welfare agency, or agency responsible for assessing
or investigating the report, upon receiving a report, shall immediately notify
the local police department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency, agency responsible
for assessing or investigating reports, and police department shall each
designate a person within their agency, department, or office who is
responsible for ensuring that the notification duties of this paragraph and
paragraph (b) are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility, school, or
agency.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4554
(b) Any person may voluntarily
report to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county sheriff if the
person knows, has reason to believe, or suspects a child is being or has been
neglected or subjected to physical or sexual abuse. The police department or
the county sheriff, upon receiving a report, shall immediately notify the local
welfare agency or agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency responsible for
assessing or investigating the report, upon receiving a report, shall
immediately notify the local police department or the county sheriff orally and
in writing.
(c) A person mandated to report physical
or sexual child abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing the facility
under sections 144.50 to 144.58; 241.021; 245A.01 to 245A.16; or chapter 245B;
or a nonlicensed personal care provider organization as defined in sections
256B.04, subdivision 16; and 256B.0625, subdivision 19. A health or corrections
agency receiving a report may request the local welfare agency to provide
assistance pursuant to subdivisions 10, 10a, and 10b. A board or other entity
whose licensees perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information about the
circumstances of the alleged maltreatment to the commissioner of education.
Section 13.03, subdivision 4, applies to data received by the commissioner of
education from a licensing entity.
(d) Any person mandated to report shall
receive a summary of the disposition of any report made by that reporter,
including whether the case has been opened for child protection or other
services, or if a referral has been made to a community organization, unless
release would be detrimental to the best interests of the child. Any person who
is not mandated to report shall, upon request to the local welfare agency,
receive a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best interests of the
child.
(e) For purposes of this subdivision,
"immediately" means as soon as possible but in no event longer than
24 hours.
[EFFECTIVE
DATE.] This section is effective August 1, 2005.
Sec. 26. [PROTOCOL ON USE OF POLYGRAPHS.]
By September 1, 2005, the state court
administrator, in consultation with the Conference of Chief Judges, is
requested to develop a protocol for the use of polygraphic examinations for sex
offenders placed on probation under Minnesota Statutes, section 609.3456. This
protocol shall be distributed to judges across the state.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 27. [SUPREME COURT STUDY ON SEXUALLY
DANGEROUS PERSON AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.]
Subdivision 1. [ESTABLISHMENT.] The
Supreme Court is requested to study the following related to the civil
commitment of sexually dangerous persons and sexual psychopathic personalities
under Minnesota Statutes, section 253B.185:
(1) the development and use of a
statewide panel of defense attorneys to represent those persons after a
commitment petition is filed; and
(2) the development and use of a
statewide panel of judges to hear these petitions.
Journal of the House - 66th
Day - Monday, May 23, 2005 - Top of Page 4555
Subd. 2. [REPORT.] The
Supreme Court shall report its findings and recommendations to the chairs and
ranking minority members of the house of representatives and senate committees
and divisions having jurisdiction over criminal justice and civil law policy
and funding by February 1, 2006.
[EFFECTIVE DATE.] This
section is effective the day following final enactment.
Sec. 28. [WORKING GROUP ON SEX OFFENDER MANAGEMENT.]
Subdivision 1. [WORKING GROUP ESTABLISHED.] The
commissioner of corrections shall convene a working group of individuals
knowledgeable in the supervision and treatment of sex offenders. The group must
include individuals from both inside and outside of the Department of
Corrections. The commissioner shall ensure broad representation in the group,
including representatives from all three probation systems and from diverse
parts of the state. The working group shall study and make recommendations on
the issues listed in this section. To the degree feasible, the group shall
consider how these issues are addressed in other states.
Subd. 2. [ISSUES TO BE STUDIED.] The working group
shall review and make recommendations on:
(1) statewide standards regarding the minimum frequency of
in-person contacts between sex offenders and their correctional agents,
including, but not limited to, home visits;
(2) a model set of special conditions of sex offender supervision
that can be used by courts and corrections agencies throughout Minnesota;
(3) statewide standards regarding the documentation by
correctional agents of their supervision activities;
(4) standards to provide corrections agencies with guidance
regarding sex offender assessment practices;
(5) policies that encourage sentencing conditions and prison
release plans to clearly distinguish between sex offender treatment programs
and other types of programs and services and to clearly specify which type of
program the offender is required to complete;
(6) ways to improve the Department of Corrections' prison
release planning practices for sex offenders, including sex offenders with
chemical dependency needs or mental health needs;
(7) methods and timetables for periodic external reviews of
sex offender supervision practices;
(8) statewide standards for the use of polygraphs by
corrections agencies and sex offender treatment programs;
(9) statewide standards specifying basic program elements
for community-based sex offender treatment programs, including, but not limited
to, staff qualifications, case planning, use of polygraphs, and progress
reports prepared for supervising agencies;
(10) a statewide protocol on the sharing of sex offender
information between corrections agencies and child protection agencies in
situations where offenders are placed in households where children reside;
(11) best practices for supervising sex offenders such as
intensive supervised release, specialized caseloads, and other innovative
methods, ideal caseload sizes for supervising agents, and methods to implement
this in a manner that does not negatively impact the supervision of other types
of offenders; and
(12) any other issues related to sex offender treatment and
management that the working group deems appropriate.
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Day - Monday, May 23, 2005 - Top of Page 4556
Subd. 3. [REVIEW OF NEW
LAWS.] The working group shall also review the provisions of any laws
enacted in 2005 relating to sex offender supervision and treatment. The group
shall make recommendations on whether any changes to these provisions should be
considered by the legislature.
Subd. 4. [REPORTS.] By February
15, 2006, the working group shall submit a progress report and by February 15,
2007, the working group shall submit its recommendations to the chairs and
ranking minority members of the senate and house committees having jurisdiction
over criminal justice policy.
Subd. 5. [POLICIES REQUIRED.] After
considering the recommendations of the working group, the commissioner of
corrections may implement policies and standards relating to the issues
described in subdivision 2 over which the commissioner has jurisdiction.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.
Sec. 29. [PRISON-BASED SEX OFFENDER
TREATMENT PROGRAMS; REPORT.]
By February 15, 2006, the commissioner
of corrections shall report to the chairs and ranking minority members of the
senate and house committees having jurisdiction over criminal justice policy on
prison-based sex offender treatment programs. The report must:
(1) examine options for increasing the
number of inmates participating in these programs;
(2) examine funding for these programs;
(3) examine options for treating
inmates who have limited periods of time remaining in their terms of
imprisonment;
(4) examine the merits and limitations
of extending an inmate's term of imprisonment for refusing to participate in
treatment; and
(5) examine any other related issues
deemed relevant by the commissioner.
[EFFECTIVE
DATE.] This section is effective the day following final enactment.