Minnesota Legislature
SF 279
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35
2.36
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13
3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9
4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19
A bill for an act
relating to public safety; requiring the Criminal and Juvenile Justice Information
Policy Group to study and make recommendations to the legislature on the
automatic sealing of arrest records for persons not subsequently convicted of
the offense; making the existing Collateral Sanctions Committee permanent,
expanding its membership, and requiring it to report to the legislature;
appropriating money; proposing coding for new law in Minnesota Statutes,
chapter 244.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[244.092] COLLATERAL SANCTIONS COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; duties. new text end
new text begin
The Collateral Sanctions Committee shall
study collateral sanctions of adult convictions and juvenile adjudications. The committee
shall identify the uses of collateral sanctions of convictions and adjudications and make
recommendations to the legislature regarding any proposed changes relating to collateral
sanctions.
new text end
new text begin Subd. 2. new text end
new text begin Resources. new text end
new text begin
The Sentencing Guidelines Commission shall provide technical
and research assistance to the committee, with the assistance of the commissioner of
public safety and the commissioner of corrections.
new text end
new text begin Subd. 3. new text end
new text begin Membership. new text end
new text begin
The committee shall consist of:
new text end
new text begin
(1) the executive director of the Sentencing Guidelines Commission, who shall
serve as the committee's chair;
new text end
new text begin
(2) the commissioner of public safety, or designee;
new text end
new text begin
(3) the commissioner of corrections, or designee;
new text end
new text begin
(4) the attorney general, or designee;
new text end
new text begin
(5) the state public defender, or designee;
new text end
new text begin
(6) two senators, one representing the majority party and the other representing the
minority party, appointed by the Subcommittee on Committees of the senate Committee
on Rules and Administration, or their designees;
new text end
new text begin
(7) two representatives, one representing the majority party and the other
representing the minority party, appointed by the speaker of the house of representatives,
or their designees;
new text end
new text begin
(8) a crime victim's advocate, appointed by the commissioner of public safety;
new text end
new text begin
(9) a county attorney, appointed by the Minnesota County Attorneys Association;
new text end
new text begin
(10) a city attorney, appointed by the League of Minnesota Cities;
new text end
new text begin
(11) a district court judge, appointed by the Judicial Council;
new text end
new text begin
(12) a private criminal defense attorney, appointed by the Minnesota Association of
Criminal Defense Lawyers;
new text end
new text begin
(13) a probation officer, appointed by the Minnesota Association of County
Probation Officers;
new text end
new text begin
(14) two peace officers, one appointed by the Minnesota Sheriffs' Association and
the other appointed by the Minnesota Chiefs of Police Association;
new text end
new text begin
(15) two representatives with knowledge of housing issues, one of whom is a
landlord and the other a tenant, appointed by the commissioner of public safety;
new text end
new text begin
(16) a representative from the employment industry, appointed by the commissioner
of public safety;
new text end
new text begin
(17) a representative from a community crime prevention organization, appointed by
the commissioner of public safety;
new text end
new text begin
(18) a representative from a community of color, appointed by the commissioner of
public safety;
new text end
new text begin
(19) a representative who is an ex criminal offender, appointed by the commissioner
of public safety; and
new text end
new text begin
(20) a representative from an agency that provides reentry services to offenders
being released from incarceration, appointed by the commissioner of public safety.
new text end
new text begin Subd. 4. new text end
new text begin Report and recommendations. new text end
new text begin
By January 15 each year, the committee
shall present the legislature with a report summarizing its activities for the preceding year
and recommending any changes in law or policy it deems appropriate.
new text end
new text begin Subd. 5. new text end
new text begin Expenses; committee is permanent. new text end
new text begin
The provisions of section 15.059
apply to the committee except that it does not expire.
new text end
new text begin Subd. 6. new text end
new text begin Definition. new text end
new text begin
As used in this section, "collateral sanctions" has the meaning
given in section 609B.050, subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2. new text begin COLLATERAL SANCTIONS COMMITTEE; STUDY AND REPORT
REQUIRED.
new text end
new text begin
(a) The Collateral Sanctions Committee described in Minnesota Statutes, section
244.092, shall study how collateral sanctions are addressed in other states and determine
best practices on this. In addition, the committee shall study issues relating to how
criminal convictions and adjudications affect an individual's employment and professional
licensing opportunities in Minnesota. The committee shall consider the policy implications
of providing a process to allow individuals currently prohibited from certain types of
employment or professional licensing because of a criminal record to seek a waiver. The
committee shall make recommendations on changes in law and policy in this area.
new text end
new text begin
(b) By January 15, 2008, the committee shall report its findings and recommendations
to the chairs and ranking minority members of the committees having jurisdiction over
criminal justice policy in the senate and house of representatives.
new text end
Sec. 3. new text begin STUDY ON AUTOMATICALLY SEALING ARREST RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Study. new text end
new text begin
The Criminal and Juvenile Justice Information Policy Group
described in Minnesota Statutes, section 299C.65, subdivision 1, shall study the issues
involved with the automatic sealing of arrest records for persons who are not subsequently
convicted of an offense related to the arrest. The policy group shall use S.F. No. 279, as
introduced in the 2007 legislative session, as a basis for discussions. The policy group
shall assume that arrest records of individuals who are not subsequently convicted of
an offense relating to the arrest should be automatically sealed. The policy group shall
address issues related to implementing this concept under the framework proposed in S.F.
No. 279, as introduced. The policy group shall review how other states address the sealing
of arrest records and determine best practices in this area. The policy group may make
recommendations on changes to the language or concepts in the original bill that are
deemed advisable, including compromise proposals. The policy group shall specifically
address technical and institutional roadblocks to implementing the concepts in S.F. No.
279, as introduced, if any, and propose solutions to these roadblocks. In addition, the
policy group shall estimate the state and local fiscal costs, if any, of automatically sealing
these records.
new text end
new text begin Subd. 2. new text end
new text begin Consultation. new text end
new text begin
The policy group shall consult with and seek advice from
the individuals associated with the background checks and expungements delivery team,
the Collateral Consequences Committee, and the Council on Crime and Justice.
new text end
new text begin Subd. 3. new text end
new text begin Definition. new text end
new text begin
As used in this section, "arrest records" include all records
relating to an arrest, including law enforcement, court, Bureau of Criminal Apprehension,
and prosecution records.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
By January 15, 2008, the policy group shall report its findings and
recommendations to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice policy. The report
must include recommended statutory language to best implement the intent of S.F. No.
279, as introduced, a summary of the practices of other states on the sealing of arrest
records, and a finding on best practices in this area.
new text end
Sec. 4. new text begin APPROPRIATIONS.
new text end
new text begin
(a) $....... is appropriated to the commissioner of public safety from the general
fund for the fiscal year ending June 30, 2008, to assist the Criminal and Juvenile Justice
Information Policy Group in conducting the study described in section 3.
new text end
new text begin
(b) $....... for the fiscal year ending June 30, 2008, and $....... for the fiscal year
ending June 30, 2009, are appropriated from the general fund to the Sentencing Guidelines
Commission for the Collateral Sanctions Committee described in Minnesota Statutes,
section 244.092. This money is to be used for staffing, conducting research, conducting
public hearings, reimbursing committee members for reasonable expenses, and for the
report described in section 2.
new text end