Omnibus Public Safety policy bill

A bill for an act

relating to public safety; providing research data protection for data on individuals;

providing for certain terminology and reference updates for domestic abuse

programs and battered women; requiring judge to inquire whether victim has been

notified of plea and sentencing hearings; protecting victim from identification in

prosecutor's petition for sentence adjustment; expanding victim notification of

defendant eligibility for automatic expungement; protecting identity of minor

victim in a crime involving sexual performance; expanding protection from

employer retaliation to victims of stalking; modifying ignition interlock program

license revocation requirements; classifying driver's license indicators as private

data; clarifying responsibilities of Department of Corrections licensed juvenile

and adult community-based residential correctional facilities; modifying eligibility

of certain applicants for licenses to serve as private detectives or protective agents;

clarifying certain grants from the Bureau of Criminal Apprehension to local law

enforcement as reimbursements; updating law related to recording of crimes;

establishing process for determining how certain criminal records are ineligible

for sealing; requiring court to provide orders for protection for access by law

enforcement; designating unemployment insurance judges and paid leave appeals

judges as judicial officials; excluding unemployment insurance judges and paid

leave appeals judges from protections related to personal information in real

property records; changing provisions for employment or occupation due to

conviction of a crime; clarifying in law the multiple levels of substance abuse care

provided by the commissioner of corrections; expanding access to mental health

unit beds for incarcerated persons; making technical corrections; amending

Minnesota Statutes 2024, sections 13.69, subdivision 1; 13.6905, by adding

subdivisions; 13.871, subdivision 5; 116L.362, subdivision 1; 119A.37, subdivision

4; 142G.12, subdivision 2; 142G.53; 171.09, subdivision 3; 171.12, subdivision

7c, by adding a subdivision; 171.177, subdivision 8; 203B.06, subdivision 3;

203B.11, subdivision 1; 241.021, subdivisions 1f, 1i, 4a; 241.69, subdivisions 1,

3, 4, 5, 6; 256D.02, subdivision 12a; 256G.02, subdivision 6; 257.75, subdivision

6; 260E.02, subdivision 1; 299A.85, subdivision 4; 299A.90, subdivision 3;

299C.05; 299C.065; 299C.46, subdivision 6; 326.32, subdivisions 8, 10, 10a, 10c,

12; 326.33, subdivision 1; 326.3381, subdivisions 2, 4; 326.3382, subdivisions 1,

4; 326.3385, subdivision 2; 326.3386, subdivision 3; 364.03, subdivision 3; 364.05;

518B.02, subdivision 2; 609.133, subdivision 4; 609.3471; 609.605, subdivision

2; 609.7495, subdivision 1; 609A.015, subdivision 5; 611A.03, subdivision 1, by

adding a subdivision; 611A.036, subdivision 7; 611A.038; 611A.039, subdivision

1; 611A.31, subdivision 5; 629.72, subdivision 2a; Minnesota Statutes 2025

Supplement, sections 120B.22, subdivision 1; 171.12, subdivision 7; 171.178,

subdivision 5; 171.306, subdivision 1; 201.061, subdivision 3; 241.021, subdivision

1; 256G.03, subdivision 2; 480.40, subdivision 1; 480.50, subdivision 1; 609.101,

subdivision 2; 609.2334, subdivision 11; proposing coding for new law in

Minnesota Statutes, chapter 241; repealing Minnesota Statutes 2024, sections

169A.54, subdivision 6; 241.021, subdivisions 1g, 1h, 2a, 2b, 3, 6; 299C.12;

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

DEPARTMENT OF PUBLIC SAFETY

Section 1.

Minnesota Statutes 2024, section 13.69, subdivision 1, is amended to read:

Subdivision 1.

Classifications.

(a) The following government data of the Department

of Public Safety are private data:

(1) medical data on driving instructors, licensed drivers, and applicants for parking

certificates and special license plates issued to physically disabled persons;

(2) other data on holders of a disability certificate under section
169.345
, except that (i)

data that are not medical data may be released to law enforcement agencies, and (ii) data

necessary for enforcement of sections
169.345
and
169.346
may be released to parking

enforcement employees or parking enforcement agents of statutory or home rule charter

cities and towns;

(3) Social Security numbers in driver's license and motor vehicle registration records,

except that Social Security numbers must be provided to the Department of Revenue for

purposes of tax administration, the Department of Labor and Industry for purposes of

workers' compensation administration and enforcement, the judicial branch for purposes of

debt collection, and the Department of Natural Resources for purposes of license application

administration, and except that the last four digits of the Social Security number must be

provided to the Department of Human Services for purposes of recovery of Minnesota health

care program benefits paid;

(4) data on persons listed as standby or temporary custodians under section
171.07,

subdivision 11
, except that the data must be released to:

(i) law enforcement agencies for the purpose of verifying that an individual is a designated

caregiver; or

(ii) law enforcement agencies who state that the license holder is unable to communicate

at that time and that the information is necessary for notifying the designated caregiver of

the need to care for a child of the license holder;
deleted text begin
and
deleted text end

(5) race and ethnicity data on driver's license holders and identification card holders

under section
171.06, subdivision 3
. The Department of Public Safety Office of Traffic

Safety is authorized to receive race and ethnicity data from Driver and Vehicle Services for

only the purposes of research, evaluation, and public reports
deleted text begin
.
deleted text end
new text begin
; and
new text end

new text begin

(6) the following data on individuals created, collected, received, stored, used, or

maintained by the Office of Justice Programs: the name, address, email address, telephone

number, date of birth, or employer of a research participant; a unique identification number

assigned to a research participant; and any other data that could reasonably identify a research

participant.

new text end

The department may release the Social Security number only as provided in clause (3) and

must not sell or otherwise provide individual Social Security numbers or lists of Social

Security numbers for any other purpose.

(b) The following government data of the Department of Public Safety are confidential

data: data concerning an individual's driving ability when that data is received from a member

of the individual's family.

Sec. 2.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision to

read:

new text begin

Subd. 39.

new text end

new text begin

Office for Missing and Murdered Indigenous Relatives.

new text end

new text begin

Data related to

victim and family support are governed by section 299A.85, subdivision 4, paragraph (c).

new text end

Sec. 3.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision to

read:

new text begin

Subd. 40.

new text end

new text begin

Office for Missing and Murdered Black Women and Girls.

new text end

new text begin

Data related

to victim and family support are governed by section 299A.90, subdivision 3, paragraph

(c).

new text end

Sec. 4.

Minnesota Statutes 2024, section 13.871, subdivision 5, is amended to read:

Subd. 5.

Crime victims.

(a)
Crime victim notice of release.
Data on crime victims who

request notice of an offender's release are classified under section
611A.06
.

(b)
Sex offender HIV tests.
Results of HIV tests of sex offenders under section
611A.19,

subdivision 2
, are classified under that section.

deleted text begin

(c)
Battered women.
Data on battered women maintained by grantees for emergency

shelter and support services for battered women are governed by section
611A.32, subdivision

5
.

deleted text end

deleted text begin

(d)
deleted text end
new text begin
(c)
new text end

Victims of domestic abuse.
Data on
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battered women and
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victims of domestic

abuse maintained by grantees
deleted text begin
and recipients of per diem payments
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for emergency shelter
deleted text begin

for battered women
deleted text end
and support services
deleted text begin
for battered women and victims of domestic abuse
deleted text end

are governed by sections
611A.32, subdivision 5
, and
611A.371, subdivision 3
.

deleted text begin

(e)
deleted text end
new text begin
(d)
new text end

Personal history; internal auditing.
Certain personal history and internal auditing

data is classified by section
611A.46
.

deleted text begin

(f)
deleted text end
new text begin
(e)
new text end

Crime victim claims for reimbursement.
Claims and supporting documents

filed by crime victims seeking reimbursement are classified under section
611A.57,

subdivision 6
.

deleted text begin

(g)
deleted text end
new text begin
(f)
new text end

Crime Victim Oversight Act.
Data maintained by the commissioner of public

safety under the Crime Victim Oversight Act are classified under section
611A.74,

subdivision 2
.

deleted text begin

(h)
deleted text end
new text begin
(g)
new text end

Victim identity data.
Data relating to the identity of the victims of certain criminal

sexual conduct is governed by section
609.3471
.

deleted text begin

(i)
deleted text end
new text begin
(h)
new text end

Victim notification.
Data on victims requesting a notice of release of an arrested

or detained person are classified under sections
629.72
and
629.73
.

deleted text begin

(j)
deleted text end
new text begin
(i)
new text end

Immigration status certification.
Disclosure of the immigration status of a crime

victim and the classification of that data is governed by section
611A.95, subdivision 4
.

Sec. 5.

Minnesota Statutes 2024, section 116L.362, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) The commissioner shall make grants to eligible

organizations for programs to provide education and training services to targeted youth.

The purpose of these programs is to provide specialized training and work experience for

targeted youth who have not been served effectively by the current educational system. The

programs are to include a work experience component with work projects that result in the

rehabilitation, improvement, or construction of (1) residential units for the homeless; (2)

improvements to the energy efficiency and environmental health of residential units and

other green jobs purposes; (3) facilities to support community garden projects; or (4)

education, social service, or health facilities which are owned by a public agency or a private

nonprofit organization.

(b) Eligible facilities must principally provide services to homeless or low income

individuals and families, and include the following:

(1) Head Start or day care centers, including playhouses or similar incidental structures;

(2) homeless,
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battered women
deleted text end
new text begin
domestic abuse
new text end
, or other shelters;

(3) transitional housing and tiny houses;

(4) youth or senior citizen centers;

(5) community health centers; and

(6) community garden facilities.

Two or more eligible organizations may jointly apply for a grant. The commissioner

shall administer the grant program.

Sec. 6.

Minnesota Statutes 2024, section 119A.37, subdivision 4, is amended to read:

Subd. 4.

Additional services.

Each parenting time center may provide parenting and

child development classes, and offer support groups to participating custodial parents and

hold regular classes designed to assist children who have experienced domestic violence

and abuse. Each parenting time center must have available an individual knowledgeable

about or experienced in the provision of services to
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battered women and
deleted text end
domestic abuse

victims on its staff, its board of directors, or otherwise available to it for consultation.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 120B.22, subdivision 1, is amended

to read:

Subdivision 1.

Violence prevention curriculum.

(a) The commissioner of education,

in consultation with the commissioners of health and human services, state minority councils,
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battered women's and
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domestic abuse programs
deleted text begin
, battered women's
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new text begin
and
new text end
shelters, sexual

assault centers,
new text begin
and
new text end
representatives of religious communities,
deleted text begin
and the assistant commissioner

of the Office of Drug Policy and Violence Prevention,
deleted text end
shall assist districts on request in

developing or implementing a violence prevention program for students in kindergarten to

grade 12 that can be integrated into existing curriculum. The purpose of the program is to

help students learn how to resolve conflicts within their families and communities in

nonviolent, effective ways.

(b) Each district is encouraged to integrate into its existing curriculum a program for

violence prevention that includes at least:

(1) a comprehensive, accurate, and age appropriate curriculum on violence prevention,

nonviolent conflict resolution, sexual, racial, and cultural harassment, self-protection, and

student hazing that promotes equality, respect, understanding, effective communication,

individual responsibility, thoughtful decision making, positive conflict resolution, useful

coping skills, critical thinking, listening and watching skills, and personal safety;

(2) planning materials, guidelines, and other accurate information on preventing physical

and emotional violence, identifying and reducing the incidence of sexual, racial, and cultural

harassment, and reducing child abuse, including physical abuse, and neglect;

(3) a special parent education component of early childhood family education programs

to prevent child abuse and neglect and to promote positive parenting skills, giving priority

to services and outreach programs for at-risk families;

(4) involvement of parents and other community members, including the clergy, business

representatives, civic leaders, local elected officials, law enforcement officials, and the

county attorney;

(5) collaboration with local community services, agencies, and organizations that assist

in violence intervention or prevention, including family-based services, crisis services, life

management skills services, case coordination services, mental health services, and early

intervention services;

(6) collaboration among districts and service cooperatives;

(7) targeting early adolescents for prevention efforts, especially early adolescents whose

personal circumstances may lead to violent or harassing behavior;

(8) opportunities for teachers to receive in-service training or attend other programs on

strategies or curriculum designed to assist students in intervening in or preventing violence

in school and at home; and

(9) administrative policies that reflect, and a staff that models, nonviolent behaviors that

do not display or condone sexual, racial, or cultural harassment or student hazing.

(c) The department may provide assistance at a neutral site to a nonpublic school

participating in a district's program.

Sec. 8.

Minnesota Statutes 2024, section 142G.12, subdivision 2, is amended to read:

Subd. 2.

30-day residency requirement.

An assistance unit is considered to have

established residency in this state only when a child or caregiver has resided in this state

for at least 30 consecutive days with the intention of making the person's home here and

not for any temporary purpose. The birth of a child in Minnesota to a member of the

assistance unit does not automatically establish the residency in this state under this

subdivision of the other members of the assistance unit. Time spent in a shelter for
deleted text begin
battered

women
deleted text end
new text begin
domestic abuse victims
new text end
shall count toward satisfying the 30-day residency

requirement.

Sec. 9.

Minnesota Statutes 2024, section 142G.53, is amended to read:

142G.53 FAMILY VIOLENCE WAIVER CRITERIA.

(a) In order to qualify for a family violence waiver, an individual must provide

documentation of past or current family violence which may prevent the individual from

participating in certain employment activities.

(b) The following items may be considered acceptable documentation or verification of

family violence:

(1) police, government agency, or court records;

(2) a statement from
deleted text begin
a battered women's
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new text begin
domestic abuse
new text end
shelter staff with knowledge

of the circumstances;

(3) a statement from a sexual assault or domestic violence advocate with knowledge of

the circumstances; or

(4) a statement from professionals from whom the applicant or recipient has sought

assistance for the abuse.

(c) A claim of family violence may also be documented by a sworn statement from the

applicant or participant and a sworn statement from any other person with knowledge of

the circumstances or credible evidence that supports the client's statement.

Sec. 10.

Minnesota Statutes 2025 Supplement, section 201.061, subdivision 3, is amended

to read:

Subd. 3.

Election day registration.

(a) An individual who is eligible to vote may register

or update a registration on election day by appearing in person at the polling place for the

precinct in which the individual maintains residence, by completing a registration application,

making an oath in the form prescribed by the secretary of state and providing proof of

residence. An individual may prove residence for purposes of registering or updating a

registration by:

(1) presenting a driver's license or Minnesota identification card issued pursuant to

section
171.07
;

(2) presenting any document approved by the secretary of state as proper identification;

(3) presenting a current student fee statement that contains the student's valid address

in the precinct together with a picture identification card; or

(4) having a voter who is registered to vote in the precinct, or an employee who provides

proof that they are employed by and working in a residential facility in the precinct and

vouching for a resident in the facility, sign an oath in the presence of the election judge

vouching that the voter or employee personally knows that the individual is a resident of

the precinct. A voter who has been vouched for on election day may not sign a proof of

residence oath vouching for any other individual on that election day. An election judge

may not sign a proof of residence oath vouching for any individual who appears in the

precinct where the election judge is working unless the election judge personally knows the

individual is a resident of the precinct. A voter who is registered to vote in the precinct may

sign up to eight proof-of-residence oaths on any election day. This limitation does not apply

to an employee of a residential facility described in this clause. The secretary of state shall

provide a form for election judges to use in recording the number of individuals for whom

a voter signs proof-of-residence oaths on election day. The form must include space for the

maximum number of individuals for whom a voter may sign proof-of-residence oaths. For

each proof-of-residence oath, the form must include a statement that the individual: (i) is

registered to vote in the precinct or is an employee of a residential facility in the precinct,

(ii) personally knows that the voter is a resident of the precinct, and (iii) is making the

statement on oath. The form must include a space for the voter's printed name, signature,

telephone number, and address.

The oath required by this subdivision and Minnesota Rules, part
8200.9939
, must be

attached to the voter registration application.

(b) The secretary of state must publish guidance for residential facilities and residential

facility employees on the vouching process and the requirements of this subdivision.

(c) "Residential facility" means transitional housing as defined in section
256K.48,

subdivision 1
; a supervised living facility licensed by the commissioner of health under

section
144.50, subdivision 6
; a nursing home as defined in section
144A.01, subdivision

5
; an assisted living facility licensed by the commissioner of health under chapter 144G; a

veterans home operated by the board of directors of the Minnesota Veterans Homes under

chapter 198; a residence licensed by the commissioner of human services to provide a

residential program as defined in section
245A.02, subdivision 14
; a residential facility for

persons with a developmental disability licensed by the commissioner of human services

under section
252.28
; setting authorized to provide housing support as defined in section

256I.03, subdivision 10a
;
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a shelter for battered women
deleted text end
new text begin
emergency shelter services for

domestic abuse victims
new text end
as defined in section
deleted text begin
611A.37, subdivision 4
deleted text end
new text begin
611A.31, subdivision

3
new text end
; a supervised publicly or privately operated shelter or dwelling designed to provide

temporary living accommodations for the homeless; a facility where a provider operates a

residential treatment program as defined in section
245.462, subdivision 23
; or a facility

where a provider operates an adult foster care program as defined in section
245A.02,

subdivision 6c
.

(d) For tribal band members, an individual may prove residence for purposes of

registering or updating a registration by:

(1) presenting an identification card issued by the tribal government of a tribe recognized

by the Bureau of Indian Affairs, United States Department of the Interior, that contains the

name, address, signature, and picture of the individual; or

(2) presenting an identification card issued by the tribal government of a tribe recognized

by the Bureau of Indian Affairs, United States Department of the Interior, that contains the

name, signature, and picture of the individual and also presenting one of the documents

listed in Minnesota Rules, part
8200.5100
, subpart 2, item B.

(e) A county, school district, or municipality may require that an election judge

responsible for election day registration initial each completed registration application.

Sec. 11.

Minnesota Statutes 2024, section 203B.06, subdivision 3, is amended to read:

Subd. 3.

Delivery of ballots.

(a) The county auditor, municipal clerk, school district

clerk, or full-time clerk of any city or town administering an election pursuant to section

203B.05
, shall mail absentee ballots to voters on the permanent absentee ballot list pursuant

to section
203B.04, subdivision 5
, on the following timelines:

(1) except as otherwise provided by this section, at least 46 days before each regularly

scheduled primary and general election and each special primary and special election;

(2) as soon as practicable for a special election held pursuant to section
204D.19
,

subdivisions 2 and 3; and

(3) at least 30 days before a town general election held in March.

(b) The commissioner of corrections must provide the secretary of state with a list of

the names and mailing addresses of state adult correctional facilities. An application for an

absentee ballot that provides an address included on the list provided by the commissioner

of corrections must not be accepted and an absentee ballot must not be provided to the

applicant. The county auditor or municipal clerk must promptly transmit a copy of the

application to the county attorney. The Department of Corrections must implement procedures

to ensure that absentee ballots issued under this chapter are not received or mailed by

offenders incarcerated at state adult correctional facilities.

(c) If an application for absentee ballots is accepted at a time when absentee ballots are

not yet available for distribution, the county auditor, or municipal clerk accepting the

application shall file it and as soon as absentee ballots are available for distribution shall

mail them to the address specified in the application. If an application for absentee ballots

is accepted when absentee ballots are available for distribution, the county auditor or

municipal clerk accepting the application shall promptly:

(1) mail the ballots to the voter whose signature appears on the application if the

application is submitted by mail and does not request commercial shipping under clause

(2);

(2) ship the ballots to the voter using a commercial shipper requested by the voter at the

voter's expense;

(3) deliver the absentee ballots directly to the voter if the application is submitted in

person; or

(4) deliver the absentee ballots in a sealed transmittal envelope to an agent who has been

designated to bring the ballots, as provided in section
203B.11, subdivision 4
, to a voter

who would have difficulty getting to the polls because of incapacitating health reasons, or

who is disabled, or who is a patient in a health care facility, a resident of an assisted living

facility licensed under chapter 144G, a participant in a residential program for adults licensed

under section
245A.02, subdivision 14
, or a resident of a shelter for
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battered women
deleted text end
new text begin
domestic

abuse victims
new text end
as defined in section
deleted text begin
611A.37, subdivision 4
deleted text end
new text begin
611A.31, subdivision 2
new text end
.

(d) If an application does not indicate the election for which absentee ballots are sought,

the county auditor or municipal clerk shall mail or deliver only the ballots for the next

election occurring after receipt of the application. Only one set of ballots may be mailed,

shipped, or delivered to an applicant for any election, except as provided in section
203B.121,

subdivision 2
, or when a replacement ballot has been requested by the voter for a ballot that

has been spoiled or lost in transit.

Sec. 12.

Minnesota Statutes 2024, section 203B.11, subdivision 1, is amended to read:

Subdivision 1.

Generally.

(a) Each full-time municipal clerk or school district clerk

who has authority under section
203B.05
to administer absentee voting laws must designate

election judges to deliver absentee ballots in accordance with this section. The county auditor

must also designate election judges to perform the duties in this section. A ballot may be

delivered only to an eligible voter who is a temporary or permanent resident or patient in

one of the following facilities located in the municipality in which the voter maintains

residence: a health care facility, hospital, or veterans home operated by the board of directors

of the Minnesota veterans homes under chapter 198. The ballots must be delivered by two

election judges, each of whom is affiliated with a different major political party. When the

election judges deliver or return ballots as provided in this section, they must travel together

in the same vehicle. Both election judges must be present when an applicant completes the

certificate of eligibility and marks the absentee ballots, and may assist an applicant as

provided in section
204C.15
. The election judges must deposit the return envelopes containing

the marked absentee ballots in a sealed container and return them to the clerk on the same

day that they are delivered and marked.

(b) At the discretion of a full-time municipal clerk, school district clerk, or county auditor,

absentee ballots may be delivered in the same manner as prescribed in paragraph (a) to a

shelter for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse victims
new text end
as defined in section
deleted text begin
611A.37, subdivision

4
deleted text end
new text begin
611A.31, subdivision 2
new text end
, or to an assisted living facility licensed under chapter 144G.

Sec. 13.

Minnesota Statutes 2024, section 256D.02, subdivision 12a, is amended to read:

Subd. 12a.

Resident.

(a) For purposes of eligibility for general assistance, a person must

be a resident of this state.

(b) A "resident" is a person living in the state for at least 30 days with the intention of

making the person's home here and not for any temporary purpose. Time spent in a shelter

for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse victims
new text end
shall count toward satisfying the 30-day residency

requirement. All applicants for these programs are required to demonstrate the requisite

intent and can do so in any of the following ways:

(1) by showing that the applicant maintains a residence at a verified address, other than

a place of public accommodation. An applicant may verify a residence address by presenting

a valid state driver's license, a state identification card, a voter registration card, a rent

receipt, a statement by the landlord, apartment manager, or homeowner verifying that the

individual is residing at the address, or other form of verification approved by the

commissioner; or

(2) by verifying residence according to Minnesota Rules, part
9500.1219
, subpart 3,

item C.

(c) For general assistance, a county shall waive the 30-day residency requirement where

unusual hardship would result from denial of general assistance. For purposes of this

subdivision, "unusual hardship" means the applicant is without shelter or is without available

resources for food.

The county agency must report to the commissioner within 30 days on any waiver granted

under this section. The county shall not deny an application solely because the applicant

does not meet at least one of the criteria in this subdivision, but shall continue to process

the application and leave the application pending until the residency requirement is met or

until eligibility or ineligibility is established.

(d) For purposes of paragraph (c), the following definitions apply (1) "metropolitan

statistical area" is as defined by the United States Census Bureau; (2) "shelter" includes any

shelter that is located within the metropolitan statistical area containing the county and for

which the applicant is eligible, provided the applicant does not have to travel more than 20

miles to reach the shelter and has access to transportation to the shelter. Clause (2) does not

apply to counties in the Minneapolis-St. Paul metropolitan statistical area.

(e) Migrant workers as defined in section
142G.02
are exempt from the residency

requirements of this section, provided the migrant worker provides verification that the

migrant family worked in this state within the last 12 months and earned at least $1,000 in

gross wages during the time the migrant worker worked in this state.

(f) For purposes of eligibility for emergency general assistance, the 30-day residency

requirement under this section shall not be waived.

(g) If any provision of this subdivision is enjoined from implementation or found

unconstitutional by any court of competent jurisdiction, the remaining provisions shall

remain valid and shall be given full effect.

Sec. 14.

Minnesota Statutes 2024, section 256G.02, subdivision 6, is amended to read:

Subd. 6.

Excluded time.

"Excluded time" means:

(1) any period an applicant spends in a hospital, sanitarium, nursing home, shelter other

than an emergency shelter, halfway house, foster home, community residential setting

licensed under chapter 245D, semi-independent living domicile or services program,

residential facility offering care, board and lodging facility or other institution for the

hospitalization or care of human beings, as defined in section
144.50
,
144A.01
, or
245A.02,

subdivision 14
; maternity home,
deleted text begin
battered women's
deleted text end
shelter
new text begin
for domestic abuse victims
new text end
, or

correctional facility; or any facility based on an emergency hold under section 253B.05,

subdivisions 1 and 2;

(2) any period an applicant spends on a placement basis in a training and habilitation

program, including: a rehabilitation facility or work or employment program as defined in

section
268A.01
; semi-independent living services provided under section
252.275
, and

chapter 245D; or day training and habilitation programs;

(3) any period an applicant is receiving assisted living services, integrated community

supports, or day support services; and

(4) any placement for a person with an indeterminate commitment, including independent

living.

Sec. 15.

Minnesota Statutes 2025 Supplement, section 256G.03, subdivision 2, is amended

to read:

Subd. 2.

No durational test.

Except as otherwise provided in sections
142G.12
;
142G.78
;

256B.056, subdivision 1
; and
256D.02, subdivision 12a
, for purposes of this chapter, no

waiting period is required before securing county or state residence. A person cannot,

however, gain residence while physically present in an excluded time facility unless otherwise

specified in this chapter or in a federal regulation controlling a federally funded human

service; children, youth, and families; or direct care and treatment program. Interstate

migrants who enter a shelter for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse victims
new text end
directly from

another state can gain residency while in the facility provided the person can provide

documentation that the person is a victim of domestic abuse and the county determines that

the placement is appropriate.

Sec. 16.

Minnesota Statutes 2024, section 257.75, subdivision 6, is amended to read:

Subd. 6.

Paternity educational materials.

The commissioner of children, youth, and

families shall prepare educational materials for new and prospective parents that describe

the benefits and effects of establishing paternity. The materials must include a description

and comparison of the procedures for establishment of paternity through a recognition of

parentage under this section and an adjudication of paternity under sections
257.51
to
257.74
.

The commissioner shall consider the use of innovative audio or visual approaches to the

presentation of the materials to facilitate understanding and presentation. In preparing the

materials, the commissioner shall consult with child advocates and support workers,
deleted text begin
battered

women's advocates and
deleted text end
advocates for domestic abuse victims, social service providers,

educators, attorneys, hospital representatives, and people who work with parents in making

decisions related to paternity. The commissioner shall consult with representatives of

communities of color. On and after January 1, 1994, the commissioner shall make the

materials available without cost to hospitals, requesting agencies, and other persons for

distribution to new parents.

Sec. 17.

Minnesota Statutes 2024, section 260E.02, subdivision 1, is amended to read:

Subdivision 1.

Establishment of team.

A county shall establish a multidisciplinary

child protection team that may include but is not limited to the director of the local welfare

agency or designees, the county attorney or designees, the county sheriff or designees,

representatives of health and education, representatives of mental health, representatives of

agencies providing specialized services or responding to youth who experience or are at

risk of experiencing sex or labor trafficking or sexual exploitation, or other appropriate

human services, children's services, or community-based agencies, and parent groups. As

used in this section, a "community-based agency" may include, but is not limited to, schools,

social services agencies, family service and mental health collaboratives, children's advocacy

centers, early childhood and family education programs, Head Start, or other agencies

serving children and families. A member of the team must be designated as the lead person

of the team responsible for the planning process to develop standards for the team's activities

with
deleted text begin
battered women's and
deleted text end
domestic abuse programs and services.

Sec. 18.

Minnesota Statutes 2024, section 299A.85, subdivision 4, is amended to read:

Subd. 4.

Duties.

new text begin
(a)
new text end
The office has the following duties:

(1) advocate in the legislature for legislation that will facilitate the accomplishment of

the mandates identified in the Missing and Murdered Indigenous Women Task Force report;

(2) advocate for state agencies to take actions to facilitate the accomplishment of the

mandates identified in the Missing and Murdered Indigenous Women Task Force report;

(3) develop recommendations for legislative and agency actions to address injustice in

the criminal justice system's response to the cases of missing and murdered Indigenous

relatives;

(4) facilitate research to refine the mandates in the Missing and Murdered Indigenous

Women Task Force report and to assess the potential efficacy, feasibility, and impact of the

recommendations;

(5) develop tools and processes to evaluate the implementation and impact of the efforts

of the office;

(6) track and collect Minnesota data on missing and murdered indigenous women,

children, and relatives, and provide statistics upon public or legislative inquiry;

(7) facilitate technical assistance for local and Tribal law enforcement agencies during

active missing and murdered Indigenous relatives cases;

(8) conduct case reviews and report on the results of case reviews for the following types

of missing and murdered Indigenous relatives cases: cold cases for missing Indigenous

people and death investigation review for cases of Indigenous people ruled as suicide or

overdose under suspicious circumstances;

(9) conduct case reviews of the prosecution and sentencing for cases where a perpetrator

committed a violent or exploitative crime against an Indigenous person. These case reviews

should identify those cases where the perpetrator is a repeat offender;

(10) prepare draft legislation as necessary to allow the office access to the data required

for the office to conduct the reviews required in this section and advocate for passage of

that legislation;

(11) review sentencing guidelines for missing and murdered Indigenous women-related

crimes, recommend changes if needed, and advocate for consistent implementation of the

guidelines across Minnesota courts;

(12) develop and maintain communication with relevant divisions in the Department of

Public Safety regarding any cases involving missing and murdered Indigenous relatives and

on procedures for investigating cases involving missing and murdered Indigenous relatives;
deleted text begin

and
deleted text end

(13) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through

Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and

Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that

have the right to determine if and how they will coordinate with these other efforts
deleted text begin
.
deleted text end
new text begin
; and
new text end

new text begin

(14) provide case support to victims and families of missing or murdered Indigenous

relatives or their designated family representative or the reporting person. Case support

includes but is not limited to providing support and guidance during the law enforcement

investigation; facilitating communication with criminal justice agencies and other government

entities; compiling relevant information about ongoing cases; and providing information,

referrals, and other types of support.

new text end

new text begin

(b) As used in this subdivision:

new text end

new text begin

(1) "reporting person" means the relative or nonrelative person who completed a case

intake form with the office; and

new text end

new text begin

(2) "victim" has the meaning given in section 611A.01.

new text end

new text begin

(c) Data created, collected, received, stored, used, or maintained by the office related to

paragraph (a), clause (14), are private data on individuals as defined in section 13.02,

subdivision 12.

new text end

Sec. 19.

Minnesota Statutes 2024, section 299A.90, subdivision 3, is amended to read:

Subd. 3.

Duties.

(a) The office has the following duties:

(1) advocate in the legislature for legislation that will facilitate the accomplishment of

mandates identified in the report of the Task Force on Missing and Murdered African

American Women;

(2) advocate for state agencies to take actions to facilitate the accomplishment of mandates

identified in the report of the Task Force on Missing and Murdered African American

Women;

(3) develop recommendations for legislative and agency actions to address injustice in

the criminal justice system's response to cases of missing and murdered Black women and

girls;

(4) facilitate research to refine the mandates in the report of the Task Force on Missing

and Murdered African American Women and to assess the potential efficacy, feasibility,

and impact of the recommendations;

(5) collect data on missing person and homicide cases involving Black women and girls,

including the total number of cases, the rate at which the cases are solved, the length of time

the cases remain open, and a comparison to similar cases involving different demographic

groups;

(6) collect data on Amber Alerts, including the total number of Amber Alerts issued,

the total number of Amber Alerts that involve Black girls, and the outcome of cases involving

Amber Alerts disaggregated by the child's race and sex;

(7) collect data on reports of missing Black girls, including the number classified as

voluntary runaways, and a comparison to similar cases involving different demographic

groups;

(8) analyze and assess the intersection between cases involving missing and murdered

Black women and girls and labor trafficking and sex trafficking;

(9) develop recommendations for legislative, agency, and community actions to address

the intersection between cases involving missing and murdered Black women and girls and

labor trafficking and sex trafficking;

(10) analyze and assess the intersection between cases involving murdered Black women

and girls and domestic violence, including prior instances of domestic violence within the

family or relationship, whether an offender had prior convictions for domestic assault or

related offenses, and whether the offender used a firearm in the murder or any prior instances

of domestic assault;

(11) develop recommendations for legislative, agency, and community actions to address

the intersection between cases involving murdered Black women and girls and domestic

violence;

(12) develop tools and processes to evaluate the implementation and impact of the efforts

of the office;

(13) track and collect Minnesota data on missing and murdered Black women and girls,

and provide statistics upon public or legislative inquiry;

(14) facilitate technical assistance for local and Tribal law enforcement agencies during

active cases involving missing and murdered Black women and girls;

(15) conduct case reviews and report on the results of case reviews for the following

types of cases involving missing and murdered Black women and girls: cold cases for

missing Black women and girls and death investigation review for cases of Black women

and girls ruled as suicide or overdose under suspicious circumstances;

(16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator

committed a violent or exploitative crime against a Black woman or girl. These case reviews

must identify those cases where the perpetrator is a repeat offender;

(17) prepare draft legislation as necessary to allow the office access to the data necessary

for the office to conduct the reviews required in this section and advocate for passage of

that legislation;

(18) review sentencing guidelines for crimes related to missing and murdered Black

women and girls, recommend changes if needed, and advocate for consistent implementation

of the guidelines across Minnesota courts;

(19) develop and maintain communication with relevant divisions in the Department of

Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding

any cases involving missing and murdered Black women and girls and on procedures for

investigating cases involving missing and murdered Black women and girls;

(20) consult with the Council for Minnesotans of African Heritage established in section

15.0145
;
deleted text begin
and
deleted text end

(21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and

Canada
deleted text begin
.
deleted text end
new text begin
; and
new text end

new text begin

(22) provide case support to victims and families of missing or murdered Black women

and girls or their designated family representative or the reporting person. Case support

includes but is not limited to providing support and guidance during the law enforcement

investigation; facilitating communication with criminal justice agencies and other government

entities; compiling relevant information about ongoing cases; and providing information,

referrals, and other types of support.

new text end

(b) As used in this subdivision:

(1) "labor trafficking" has the meaning given in section
609.281, subdivision 5
;
deleted text begin
and
deleted text end

new text begin

(2) "reporting person" means the relative or nonrelative person who completed a case

intake form with the office;

new text end

deleted text begin

(2)
deleted text end
new text begin
(3)
new text end
"sex trafficking" has the meaning given in section
609.321, subdivision 7a
deleted text begin
.
deleted text end
new text begin
; and
new text end

new text begin

(4) "victim" has the meaning given in section 611A.01.

new text end

new text begin

(c) Data created, collected, received, stored, used, or maintained by the office related to

paragraph (a), clause (22), are private data on individuals as defined in section 13.02,

subdivision 12.

new text end

Sec. 20.

Minnesota Statutes 2024, section 518B.02, subdivision 2, is amended to read:

Subd. 2.

Standards for domestic abuse counseling programs and domestic abuse

educational programs.

(a) Domestic abuse counseling or educational programs that provide

group or class sessions for court-ordered domestic abuse offenders must provide

documentation to the probation department or the court on program policies and how the

program meets the criteria contained in paragraphs (b) to (l).

(b) Programs shall require offenders and abusing parties to attend a minimum of 24

sessions or 36 hours of programming, unless a probation agent has recommended fewer

sessions. The documentation provided to the probation department or the court must specify

the length of the program that offenders are required to complete.

(c) Programs must have a written policy requiring that counselors and facilitators report

to the court and to the offender's probation or corrections officer any threats of violence

made by the offender or abusing party, acts of violence by the offender or abusing party,

violation of court orders by the offender or abusing party, and violation of program rules

that resulted in the offender's or abusing party's termination from the program. Programs

shall have written policies requiring that counselors and facilitators hold offenders and

abusing parties solely responsible for their behavior.

Programs shall have written policies requiring that counselors and facilitators be violence

free in their own lives.

(d) Each program shall conduct an intake process with each offender or abusing party.

This intake process shall look for chemical dependency problems and possible risks the

offender or abusing party might pose to self or others. The program must have policies

regarding referral of a chemically dependent offender or abusing party to a chemical

dependency treatment center. If the offender or abusing party poses a risk to self or others,

the program shall report this information to the court, the probation or corrections officer,

and the victim.

(e) If the offender or abusing party is reported back to the court or is terminated from

the program, the program shall notify the victim of the circumstances unless the victim

requests otherwise.

(f) Programs shall require court-ordered offenders and abusing parties to sign a release

of information authorizing communication regarding the offender's or abusing party's

progress in the program to the court, the offender's probation or corrections officer, other

providers, and the victim. The offender or abusing party may not enter the program if the

offender does not sign a release.

(g) If a counselor or facilitator contacts the victim, the counselor or facilitator must not

elicit any information that the victim does not want to provide. A counselor or facilitator

who contacts a victim shall (1) notify the victim of the right not to provide any information,

(2) notify the victim of how any information provided will be used and with whom it will

be shared, and (3) obtain the victim's permission before eliciting information from the victim

or sharing information with anyone other than staff of the counseling program.

Programs shall have written policies requiring that counselors and facilitators inform

victims of the confidentiality of information as provided by this subdivision. Programs must

maintain separate files for information pertaining to the offender or abusing party and to

the victim.

If a counselor or facilitator contacts a victim, the counselor or facilitator shall provide

the victim with referral information for support services.

(h) Programs shall have written policies forbidding program staff from disclosing any

confidential communication made by the offender or abusing party without the consent of

the offender or abusing party, except that programs must warn a potential victim of imminent

danger based upon information provided by an offender or abusing party.

(i) The counseling program or educational program must provide services in a group

setting, unless the offender or abusing party would be inappropriate in a group setting.

Programs must provide separate sessions for male and female offenders and abusing

parties.

(j) Programs shall have written policies forbidding program staff from offering or

referring marriage or couples counseling until the offender or abusing party has completed

a domestic abuse counseling program or educational program for the minimum number of

court-ordered sessions and the counselor or facilitator reasonably believes that the violence,

intimidation, and coercion has ceased and the victim feels safe to participate.

(k) Programs must have written policies requiring that the counselor or facilitator report

when the court-ordered offender or abusing party has completed the program to the court

and the offender's probation or corrections officer.

(l) Programs must have written policies to coordinate with the court, probation and

corrections officers,
deleted text begin
battered women's and
deleted text end
domestic abuse programs, child protection

services, and other providers on promotion of victim safety and offender accountability.

Sec. 21.

Minnesota Statutes 2025 Supplement, section 609.101, subdivision 2, is amended

to read:

Subd. 2.

Minimum fines.

Notwithstanding any other law, when a court sentences a

person convicted of violating section
609.221
,
609.222
,
609.223
,
609.2231
,
609.224
,

609.2242
,
609.267
,
609.2671
,
609.2672
,
609.342
,
609.343
,
609.344
, or
609.345
, it must

impose a fine of not less than 30 percent of the maximum fine authorized by law nor more

than the maximum fine authorized by law.

The court shall collect the portion of the fine mandated by this subdivision and forward

70 percent of it to a local victim assistance program that provides services locally in the

county in which the crime was committed. The court shall forward the remaining 30 percent

to the commissioner of management and budget to be credited to the general fund. If more

than one victim assistance program serves the county in which the crime was committed,

the court may designate on a case-by-case basis which program will receive the fine proceeds,

giving consideration to the nature of the crime committed, the types of victims served by

the program, and the funding needs of the program. If no victim assistance program serves

that county, the court shall forward 100 percent of the fine proceeds to the commissioner

of management and budget to be credited to the general fund. Fine proceeds received by a

local victim assistance program must be used to provide direct services to crime victims.

The minimum fine required by this subdivision is in addition to the surcharge or

assessment required by section
357.021, subdivision 6
, and is in addition to any sentence

of imprisonment or restitution imposed or ordered by the court.

As used in this subdivision, "victim assistance program" means victim witness programs

within county attorney offices or any of the following programs: crime victim crisis centers,

victim-witness programs, domestic abuse
deleted text begin
victim
deleted text end
shelters and nonshelter programs, sexual

assault programs, and children's advocacy centers as defined in section
260E.02, subdivision

5
.

Sec. 22.

Minnesota Statutes 2024, section 609.605, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

Whoever trespasses upon the grounds of a facility

providing emergency shelter services for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse victims
new text end
, as defined

under section
611A.31, subdivision 3
, or providing comparable services for sex trafficking

victims, as defined under section
609.321, subdivision 7b
, or of a facility providing

transitional housing for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse victims
new text end
and their children or sex

trafficking victims and their children, without claim of right or consent of one who has right

to give consent, and refuses to depart from the grounds of the facility on demand of one

who has right to give consent, is guilty of a gross misdemeanor.

Sec. 23.

Minnesota Statutes 2024, section 609.7495, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purposes of this section, the following terms have

the meanings given
deleted text begin
them
deleted text end
.

(a) "Facility" means any of the following:

(1) a hospital or other health institution licensed under sections
144.50
to
144.56
;

(2) a medical facility as defined in section
144.561
;

(3) an agency, clinic, or office operated under the direction of or under contract with the

commissioner of health or a community health board, as defined in section
145A.02
;

(4) a facility providing counseling regarding options for medical services or recovery

from an addiction;

(5) a facility providing emergency shelter services for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse

victims
new text end
, as defined in section
611A.31, subdivision 3
, or a facility providing transitional

housing for
deleted text begin
battered women
deleted text end
new text begin
domestic abuse victims
new text end
and their children;

(6) a facility as defined in section
260E.03
, subdivision 6;

(7) a facility as defined in section
626.5572, subdivision 6
, where the services described

in that paragraph are provided;

(8) a place to or from which ambulance service, as defined in section
144E.001
, is

provided or sought to be provided; and

(9) a hospice provider licensed under section
144A.753
.

(b) "Aggrieved party" means a person whose access to or egress from a facility is

obstructed in violation of subdivision 2, or the facility.

Sec. 24.

Minnesota Statutes 2024, section 611A.31, subdivision 5, is amended to read:

Subd. 5.

Commissioner.

"Commissioner" means the commissioner of the Department

of
deleted text begin
Corrections
deleted text end
new text begin
Public Safety
new text end
or a designee.

Sec. 25.

Minnesota Statutes 2024, section 629.72, subdivision 2a, is amended to read:

Subd. 2a.

Electronic monitoring; condition of pretrial release.

(a) Until the

commissioner of corrections has adopted standards governing electronic monitoring devices

used to protect victims of domestic abuse, the court, as a condition of release, may not order

a person arrested for a crime described in section
609.135, subdivision 5a
, paragraph (b),

to use an electronic monitoring device to protect a victim's safety.

(b) Notwithstanding paragraph (a), the chief judge of a judicial district may appoint and

convene an advisory group comprised of representatives from law enforcement, prosecutors,

defense attorneys, corrections, court administrators, judges, and
deleted text begin
battered women's
deleted text end
new text begin
domestic

abuse
new text end
organizations to develop standards for the use of electronic monitoring and global

positioning system devices to protect victims of domestic abuse and for evaluating the

effectiveness of electronic monitoring. After the advisory group does this, the chief judge,

in consultation with the advisory group, may conduct a pilot project for implementation of

the electronic monitoring standards. A judicial district that conducts a pilot project shall

report on the standards and the pilot project to the chairs and ranking minority members of

the senate and house of representatives committees having jurisdiction over criminal justice

policy and the state court administrator's office.

Sec. 26.
new text begin
REVISOR INSTRUCTION.
new text end

new text begin

The revisor of statutes must change the term "battered women" to "domestic abuse

victims" or a similar term wherever the term or similar terms appear in Minnesota Statutes.

The revisor must make any necessary grammatical changes or changes to sentence structure

necessary to preserve the meaning of the text as a result of the changes.

new text end

ARTICLE 2

CRIME VICTIMS

Section 1.

Minnesota Statutes 2024, section 609.133, subdivision 4, is amended to read:

Subd. 4.

Petition; contents; fee.

(a) A prosecutor's petition for sentence adjustment

shall be filed in the district court where the individual was convicted and include the

following:

(1) the full name of the individual on whose behalf the petition is being brought and, to

the extent possible, all other legal names or aliases by which the individual has been known

at any time;

(2) the individual's date of birth;

(3) the individual's address;

(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for

the individual;

(5) the details of the offense for which an adjustment is sought, including:

(i) the date and jurisdiction of the occurrence;

(ii)
deleted text begin
either the names of any victims or that there were no
deleted text end

new text begin
the number of
new text end
identifiable

victims;

(iii) whether there is a current order for protection, restraining order, or other no contact

order prohibiting the individual from contacting the victims or whether there has ever been

a prior order for protection or restraining order prohibiting the individual from contacting

the victims;

(iv) the court file number; and

(v) the date of conviction;

(6) what steps the individual has taken since the time of the offense toward personal

rehabilitation, including treatment, work, good conduct within correctional facilities, or

other personal history that demonstrates rehabilitation;

(7) the individual's criminal conviction record indicating all convictions for

misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable

convictions in any other state, federal court, or foreign country, whether the convictions

occurred before or after the conviction for which an adjustment is sought;

(8) the individual's criminal charges record indicating all prior and pending criminal

charges against the individual in this state or another jurisdiction, including all criminal

charges that have been continued for dismissal, stayed for adjudication, or were the subject

of pretrial diversion; and

(9) to the extent known, all prior requests by the individual, whether for the present

offense or for any other offenses in this state or any other state or federal court, for pardon,

return of arrest records, or expungement or sealing of a criminal record, whether granted

or not, and all stays of adjudication or imposition of sentence involving the petitioner.

(b) The filing fee for a petition brought under this section shall be waived.

(c) Notwithstanding chapter 13 or any other statute related to the classification of

government data, a supervising agent or the commissioner of corrections may provide private

or confidential data to a prosecutor for purposes of a petition for sentence adjustment.

Sec. 2.

Minnesota Statutes 2024, section 609.3471, is amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no data contained in records or

reports relating to petitions, complaints, or indictments issued pursuant to section
609.322
,

609.342
,
609.343
,
609.344
,
609.345
,
609.3453
,
deleted text begin
or
deleted text end

609.3458
new text begin
, or 617.246
new text end
, which specifically

identifies a victim who is a minor shall be accessible to the public, except by order of the

court. Nothing in this section authorizes denial of access to any other data contained in the

records or reports, including the identity of the defendant.

Sec. 3.

Minnesota Statutes 2024, section 611A.03, subdivision 1, is amended to read:

Subdivision 1.

Plea agreements; notification of victim.

Prior to the entry of the factual

basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall

make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time

recommended for the defendant to serve in jail or prison if the court accepts the agreement;

(2) the right to be present at the sentencing hearing
deleted text begin
and
deleted text end
new text begin
, to be present
new text end
at the hearing

during which the plea is presented to the court
new text begin
,
new text end
and to express
new text begin
at the plea hearing
new text end
orally or

in writing, at the victim's option, any objection to the agreement or to the proposed

disposition. If the victim is not present when the court considers the recommendation, but

has communicated objections to the prosecuting attorney, the prosecuting attorney shall

make these objections known to the court; and

(3) the eligibility
deleted text begin
of the offense
deleted text end
for automatic expungement pursuant to section
609A.015
new text begin

of any offense pleaded to or dismissed as part of the plea agreement
new text end
.

Sec. 4.

Minnesota Statutes 2024, section 611A.03, is amended by adding a subdivision to

read:

new text begin

Subd. 4.

new text end

new text begin

Plea hearing.

new text end

new text begin

At the hearing during which the plea is presented to the court,

the court shall ask the prosecutor if the victim has been notified of the plea agreement

recommendation pursuant to this section; has been notified of the plea hearing; and if the

victim wishes to express their objections to the plea agreement orally, in writing, or through

the prosecutor.

new text end

Sec. 5.

Minnesota Statutes 2024, section 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or attempt

to violate any of the following: section
609.185
(murder in the first degree);
609.19
(murder

in the second degree);
609.195
(murder in the third degree);
609.20
(manslaughter in the

first degree);
609.205
(manslaughter in the second degree);
609.2112
,
609.2113
, or
609.2114

(criminal vehicular homicide or injury);
609.221
(assault in the first degree);
609.222
(assault

in the second degree);
609.223
(assault in the third degree);
609.2231
(assault in the fourth

degree);
609.2241
(knowing transfer of communicable disease);
609.2242
(domestic assault);

609.2245
(female genital mutilation);
609.2247
(domestic assault by strangulation);
609.228

(great bodily harm caused by distribution of drugs);
609.23
(mistreatment of persons

confined);
609.231
(mistreatment of residents or patients);
609.2325
(criminal abuse);

609.233
(criminal neglect);
609.235
(use of drugs to injure or facilitate crime);
609.24

(simple robbery);
609.245
(aggravated robbery);
609.247
(carjacking);
609.25
(kidnapping);

609.255
(false imprisonment);
609.265
(abduction);
609.2661
(murder of an unborn child

in the first degree);
609.2662
(murder of an unborn child in the second degree);
609.2663

(murder of an unborn child in the third degree);
609.2664
(manslaughter of an unborn child

in the first degree);
609.2665
(manslaughter of an unborn child in the second degree);

609.267
(assault of an unborn child in the first degree);
609.2671
(assault of an unborn child

in the second degree);
609.2672
(assault of an unborn child in the third degree);
609.268

(injury or death of an unborn child in commission of a crime);
609.282
(labor trafficking);

609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking);
609.342

(criminal sexual conduct in the first degree);
609.343
(criminal sexual conduct in the second

degree);
609.344
(criminal sexual conduct in the third degree);
609.345
(criminal sexual

conduct in the fourth degree);
609.3451
(criminal sexual conduct in the fifth degree);

609.3453
(criminal sexual predatory conduct);
609.3458
(sexual extortion);
609.352

(solicitation of children to engage in sexual conduct);
609.377
(malicious punishment of a

child);
609.378
(neglect or endangerment of a child);
609.561, subdivision 1
(arson in the

first degree; dwelling);
609.582, subdivision 1
, paragraph (a) or (c) (burglary in the first

degree; occupied dwelling or involving an assault);
609.66, subdivision 1e
, paragraph (b)

(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle);
deleted text begin

or
deleted text end

609.749, subdivision 2
(harassment);
new text begin
or 609.749, subdivision 5 (stalking);
new text end
or Minnesota

Statutes 2012, section 609.21.

Sec. 6.

Minnesota Statutes 2024, section 611A.038, is amended to read:

611A.038 RIGHT TO SUBMIT STATEMENT AT SENTENCING.

(a) A victim has the right to submit an impact statement to the court at the time of

sentencing or disposition hearing. The impact statement may be presented to the court orally

or in writing, at the victim's option. If the victim requests, the prosecutor
new text begin
or the prosecutor's

designee
new text end
must orally present the statement to the court. Statements may include the following,

subject to reasonable limitations as to time and length:

(1) a summary of the harm or trauma suffered by the victim as a result of the crime;

(2) a summary of the economic loss or damage suffered by the victim as a result of the

crime; and

(3) a victim's reaction to the proposed sentence or disposition.

new text begin

(b) At the sentencing or disposition hearing, the court shall ask the prosecutor if the

victim has been notified of the hearing, if the victim is in court, and if the victim wishes to

submit a victim impact statement orally, in writing, or through the prosecutor or the

prosecutor's designee.

new text end

deleted text begin

(b)
deleted text end
new text begin
(c)
new text end
A representative of the community affected by the crime may submit an impact

statement in the same manner that a victim may as provided in paragraph (a). This impact

statement shall describe the adverse social or economic effects the offense has had on persons

residing and businesses operating in the community where the offense occurred.

deleted text begin

(c)
deleted text end
new text begin
(d)
new text end
If the court permits the defendant or anyone speaking on the defendant's behalf

to present a statement to the court, the court shall limit the response to factual issues which

are relevant to sentencing.

deleted text begin

(d)
deleted text end
new text begin
(e)
new text end
Nothing in this section shall be construed to extend the defendant's right to address

the court under section
631.20
.

Sec. 7.

Minnesota Statutes 2024, section 611A.039, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2,

within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which

there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts

to provide to each affected crime victim oral or written notice of the final disposition of the

case
deleted text begin
and
deleted text end
new text begin
,
new text end
of the victim rights under section
611A.06
new text begin
, and of the eligibility of the offense

for automatic expungement under section 609A.015 of any offense that was dismissed or

for which the defendant was convicted or acquitted
new text end
. When the court is considering modifying

the sentence for a felony or a crime of violence or an attempted crime of violence, the

prosecutor shall make a reasonable and good faith effort to notify the victim of the crime.

The notice must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;

and

(4) a statement that the victim may provide input to the court concerning the sentence

modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and

update a model notice of postconviction rights under this subdivision and section
611A.06
.

(c) As used in this section:

(1) "crime of violence" has the meaning given in section
624.712, subdivision 5
, and

also includes violations of section
609.3458
, gross misdemeanor violations of section

609.224
, and nonfelony violations of sections
518B.01
,
609.2231
,
609.3451
,
609.748
, and

609.749
; and

(2) "victim" has the meaning given in section
611A.01
, paragraph (b).

ARTICLE 3

IMPAIRED DRIVING; DRIVERS' LICENSES

Section 1.

Minnesota Statutes 2024, section 13.6905, is amended by adding a subdivision

to read:

new text begin

Subd. 41.

new text end

new text begin

Credential identifier and designation data.

new text end

new text begin

Data related to identifiers and

designations on driver's licenses and Minnesota identification cards are governed by section

171.12, subdivision 7d.

new text end

Sec. 2.

Minnesota Statutes 2024, section 171.09, subdivision 3, is amended to read:

Subd. 3.

No-alcohol restriction.

(a) As used in this subdivision, "impaired driving

incident" has the meaning given in section
169A.03, subdivision 22
.

(b) Upon proper application by a person having a valid driver's license containing the

restriction that the person must not consume alcohol or controlled substances, who has not

been documented as having consumed alcohol or having possessed or used a controlled

substance within the past
deleted text begin
ten
deleted text end
new text begin
20
new text end
years, and whose driving record contains no impaired

driving incident within the past
deleted text begin
ten
deleted text end
new text begin
20
new text end
years, the commissioner must remove the

no-alcohol/controlled substance restriction on the person's driving record and issue to the

person a duplicate driver's license that does not show that restriction.

Sec. 3.

Minnesota Statutes 2025 Supplement, section 171.12, subdivision 7, is amended

to read:

Subd. 7.

Privacy of data.

(a) Data on individuals provided to obtain a driver's license

or Minnesota identification card
deleted text begin
shall
deleted text end
new text begin
must
new text end
be treated as provided by United States Code,

title 18, section 2721, as in effect on May 23, 2005,
deleted text begin
and shall
deleted text end
new text begin
must
new text end
be disclosed as required
deleted text begin

or
deleted text end
new text begin
by that section, and may be disclosed as
new text end
permitted by that section. The commissioner
deleted text begin

shall
deleted text end
new text begin
may
new text end
disclose the data in bulk form upon request to an authorized recipient under United

States Code, title 18, section 2721. For any disclosure of data on individuals related to a

noncompliant driver's license or identification card, the commissioner must require a

certification pursuant to subdivision 7b, paragraph (e).

(b) An applicant for a driver's license or a Minnesota identification card may consent,

in writing, to the commissioner to disclose the applicant's personal information exempted

by United States Code, title 18, section 2721, to any person who makes a request for the

personal information. If the applicant so authorizes disclosures, the commissioner
deleted text begin
shall
deleted text end
new text begin

must
new text end
implement the request and the information may be used.

(c) If authorized by an applicant for a driver's license or a Minnesota identification card,

as indicated in paragraph (b), the applicant's personal information may be used, rented, or

sold solely for bulk distribution by organizations for business purposes, including surveys,

marketing, or solicitation.

(d) An applicant for a driver's license, instruction permit, or Minnesota identification

card may request that the applicant's residence address be classified as "private data on

individuals," as defined in section
13.02, subdivision 12
. The commissioner
deleted text begin
shall
deleted text end
new text begin
must
new text end
grant

the classification on receipt of a signed statement by the individual that the classification

is required for the safety of the applicant or the applicant's family, if the statement also

provides a valid, existing address where the applicant consents to receive service of process.

The commissioner
deleted text begin
shall
deleted text end
new text begin
must
new text end
use the service for process mailing address in place of the

residence address in all documents and notices pertaining to the driver's license, instruction

permit, or Minnesota identification card. The residence address and any information provided

in the classification request, other than the mailing address, are private data on individuals

and may be provided to requesting law enforcement agencies, probation and parole agencies,

and public authorities, as defined in section
518A.26, subdivision 18
.

Sec. 4.

Minnesota Statutes 2024, section 171.12, subdivision 7c, is amended to read:

Subd. 7c.

Other data provisions.

(a) The commissioner must not share any data the

department maintains under section
171.07
,
deleted text begin
subdivision
deleted text end
new text begin
subdivisions 6a, 6b, or
new text end
13, with

any federal agency, federal department, or federal entity for a use that would otherwise be

permissible under United States Code, title 18, section 2721, or other law.

(b) Data collected by government entities under sections
624.712
to
624.719
are classified

under section
13.87, subdivision 2
.

Sec. 5.

Minnesota Statutes 2024, section 171.12, is amended by adding a subdivision to

read:

new text begin

Subd. 7d.

new text end

new text begin

Certain data on indicators and designations.

new text end

new text begin

Data maintained by the

commissioner under section 171.07, subdivisions 5 to 7, 11 to 13, 15, and 17 to 20 are

private data on individuals, as defined in section 13.02, subdivision 12.

new text end

Sec. 6.

Minnesota Statutes 2024, section 171.177, subdivision 8, is amended to read:

Subd. 8.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner, a peace

officer requiring a test or directing the administration of a chemical test pursuant to a search

warrant shall serve immediate notice of intention to revoke and of revocation on a person

who refuses to permit a test or on a person who submits to a test, the results of which indicate

an alcohol concentration of 0.08 or more.

(b) On behalf of the commissioner, a peace officer requiring a test or directing the

administration of a chemical test of a person driving, operating, or in physical control of a

commercial motor vehicle pursuant to a search warrant shall serve immediate notice of

intention to disqualify and of disqualification on a person who refuses to permit a test or

on a person who submits to a test, the results of which indicate an alcohol concentration of

0.04 or more.

(c) The officer shall:

(1) invalidate the person's driver's license or permit card by clipping the upper corner

of the card in such a way that no identifying information including the photo is destroyed,

and immediately return the card to the person;

(2) issue the person a temporary license effective for only
deleted text begin
seven
deleted text end
new text begin
14
new text end
days; and

(3) send the notification of this action to the commissioner along with the certificate

required by subdivision 4 or 5.

Sec. 7.

Minnesota Statutes 2025 Supplement, section 171.178, subdivision 5, is amended

to read:

Subd. 5.

Driving while impaired conviction or adjudication; period of license

revocation.

(a) Notwithstanding the periods specified in subdivisions 3 and 4 and except

as provided in section
169A.54, subdivision 7
, a revocation by the commissioner as required

under section
169A.54, subdivision 1
, or
171.17, subdivision 1
, paragraph (a), clause (3)

or (10), for conviction of an offense in another state that would be grounds for revocation

in this state under section
169A.54, subdivision 1
, must be for the following periods:

(1) if the person has no qualified prior impaired driving incidents within the past 20

years:

(i) not less than 30 days if the person is convicted of an offense under section
169A.20,

subdivision 1
(driving while impaired);

(ii) not less than 90 days if the person is convicted of an offense under section
169A.20,

subdivision 2
(refusal to submit to chemical test);

(iii) not less than 180 days if the person is under 21 years of age and the test results

indicate an alcohol concentration of less than twice the legal limit; or

(iv) not less than one year if the test results indicate an alcohol concentration of twice

the legal limit or more; or

(2) if the person has one qualified prior impaired driving incident within the past 20

years, or two or more qualified prior impaired driving incidents, until the commissioner

determines that the person used an ignition interlock device in compliance with section

171.306
for the period of time described in subdivision 8.

(b) Whenever department records show that the violation involved personal injury or

death to any person, at least 90 additional days must be added to the base periods provided

in paragraph (a), clause (1), items (i) to (iv).

new text begin

(c) A person whose license has been revoked as described in subdivision 3, clause (1),

or subdivision 4, clause (1), as the result of the same incident for which the person was

convicted is subject to the revocation periods specified in this subdivision, unless the violation

under section 169A.20 (driving while impaired) was with an aggravating factor described

in section 169A.03, subdivision 3, clause (3).

new text end

Sec. 8.

Minnesota Statutes 2025 Supplement, section 171.306, subdivision 1, is amended

to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms in this subdivision

have the meanings given.

(b) "Ignition interlock device" or "device" means equipment that is designed to measure

breath alcohol concentration and to prevent a motor vehicle's ignition from being started

by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.

(c) "Location tracking capabilities" means the ability of an electronic or wireless device

to identify and transmit its geographic location through the operation of the device.

(d) "Program participant" means a person who has qualified to take part in the ignition

interlock program under this section, and whose driver's license has been:

(1) revoked, canceled, or denied under section
169A.52
;
169A.54
;
171.04, subdivision

1
, clause (10);
deleted text begin
171.17, subdivision 1
, paragraph (a), clause (10), for conviction of an offense

in another state that would be grounds for revocation in this state under section
169A.54,

subdivision 1
; or
deleted text end

171.177
;
new text begin
or for a violation of the law of another state in conformity with

any of these sections;
new text end
or

(2) revoked under section
171.17, subdivision 1
, paragraph (a), clause (2), or suspended

under section
171.187
, for a violation of section
609.2112, subdivision 1
, paragraph (a),

clause (2),
deleted text begin
item (i) or (iv),
deleted text end
(3),
deleted text begin
or
deleted text end
(4)
new text begin
, (5), or (6)
new text end
;
609.2113, subdivision 1
, clause (2),
deleted text begin
item

(i) or (iv),
deleted text end
(3),
deleted text begin
or
deleted text end
(4)
new text begin
, (5), or (6)
new text end
; subdivision 2, clause (2),
deleted text begin
item (i) or (iv),
deleted text end
(3),
deleted text begin
or
deleted text end
(4)
new text begin
, (5),

or (6)
new text end
; or subdivision 3, clause (2),
deleted text begin
item (i) or (iv),
deleted text end
(3),
deleted text begin
or
deleted text end
(4)
new text begin
, (5), or (6)
new text end
; or
609.2114,

subdivision 1, paragraph (a), clause (2),
deleted text begin
item (i) or (iv),
deleted text end
(3),
deleted text begin
or
deleted text end
(4)
new text begin
, (5), or (6)
new text end
; or subdivision

2
, clause (2),
deleted text begin
item (i) or (iv),
deleted text end
(3),
deleted text begin
or
deleted text end
(4),
deleted text begin
resulting in bodily harm, substantial bodily harm,

great bodily harm, or death
deleted text end
new text begin
(5), or (6)
new text end
.

(e) "Qualified prior impaired driving incident" has the meaning given in section
169A.03,

subdivision 22
.

Sec. 9.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 169A.54, subdivision 6,

new text end

new text begin

is repealed.

new text end

ARTICLE 4

BUREAU OF CRIMINAL APPREHENSION

Section 1.

Minnesota Statutes 2024, section 299C.05, is amended to read:

299C.05 CRIME DATA COLLECTION.

It shall be the duty of this division to collect, and preserve as a record of the bureau,

information concerning the number and nature of offenses known to have been committed

in the state, of the legal steps taken in connection therewith from the inception of the

complaint to the final discharge of the defendant, and such other information as may be

useful in the study of crime and the administration of justice.
new text begin
The information shall be

provided in a form prescribed by the superintendent.
new text end
The information so collected and

preserved shall include such data as may be requested by the United States Department of

Justice, at Washington, under its national system of crime reporting. To the extent possible,

the superintendent must utilize a nationally recognized system or standard approved by the

Federal Bureau of Investigation to collect and preserve crime data.

Sec. 2.

Minnesota Statutes 2024, section 299C.065, is amended to read:

299C.065 UNDERCOVER BUY FUND; WITNESS AND VICTIM PROTECTION.

Subdivision 1.

deleted text begin
Grants
deleted text end
new text begin
Reimbursements
new text end
.

The commissioner of public safety shall make
deleted text begin

grants
deleted text end
new text begin
reimbursements
new text end
to local officials for the following purposes:

(1) the cooperative investigation of cross jurisdictional criminal activity relating to the

possession and sale of controlled substances;

(2) receiving or selling stolen goods;

(3) participating in gambling activities in violation of section
609.76
;

(4) violations of section
609.322
or any other state or federal law prohibiting the

recruitment, transportation, or use of juveniles for purposes of prostitution;

(5) for partial reimbursement of local costs associated with unanticipated, intensive,

long-term, multijurisdictional criminal investigations that exhaust available local resources,

except that the commissioner may not reimburse the costs of a local investigation involving

a child who is reported to be missing and endangered unless the law enforcement agency

complies with section
299C.53
and the agency's own investigative policy; and

(6) for partial reimbursement of local costs associated with criminal investigations into

the activities of violent criminal gangs and gang members.

Subd. 1a.

Witness and victim protection fund.

(a) A witness and victim protection

fund is created under the administration of the commissioner of public safety. The

commissioner may make
deleted text begin
grants
deleted text end
new text begin
reimbursements
new text end
to local officials to provide for the relocation

or other protection of a victim, witness, or potential witness who is involved in a criminal

prosecution and who the commissioner has reason to believe is or is likely to be the target

of a violent crime or a violation of section
609.498
or
609.713
, in connection with that

prosecution. The awarding of
deleted text begin
grants
deleted text end
new text begin
reimbursements
new text end
under this subdivision is not limited

to the crimes and investigations described in subdivision 1.

(b) The commissioner may award
deleted text begin
grants
deleted text end
new text begin
reimbursements
new text end
for any of the following actions

in connection with the protection of a witness or victim under this subdivision:

(1) to provide suitable documents to enable the person to establish a new identity or

otherwise protect the person;

(2) to provide housing for the person;

(3) to provide for the transportation of household furniture and other personal property

to the person's new residence;

(4) to provide the person with a payment to meet basic living expenses for a time period

the commissioner deems necessary;

(5) to assist the person in obtaining employment; and

(6) to provide other services necessary to assist the person in becoming self-sustaining.

Subd. 2.

Application for
deleted text begin
grant
deleted text end
new text begin
reimbursement
new text end
.

A county sheriff or the chief

administrative officer of a municipal police department may apply to the commissioner of

public safety for a
deleted text begin
grant
deleted text end
new text begin
reimbursement
new text end
for any of the purposes described in subdivision 1

or 1a, on forms and pursuant to procedures developed by the superintendent. For
deleted text begin
grants
deleted text end
new text begin

reimbursements
new text end
under subdivision 1, the application shall describe the type of intended

criminal investigation, an estimate of the amount of money required, and any other

information the superintendent deems necessary.

Subd. 3.

Investigation report.

A report shall be made to the commissioner at the

conclusion of an investigation for which a
deleted text begin
grant
deleted text end
new text begin
reimbursement
new text end
was made under subdivision

1 stating (1) the number of persons arrested, (2) the nature of charges filed against them,

(3) the nature and value of controlled substances or contraband purchased or seized, (4) the

amount of money paid to informants during the investigation, and (5) a separate accounting

of the amount of money spent for expenses, other than "buy money," of bureau and local

law enforcement personnel during the investigation. The commissioner shall prepare and

submit to the chairs of the committees in the senate and house of representatives with

jurisdiction over criminal justice policy by January 1 of each even-numbered year a report

of investigations receiving
deleted text begin
grants
deleted text end
new text begin
reimbursements
new text end
under subdivision 1.

Subd. 3a.

Accounting report.

The head of a law enforcement agency that receives a
deleted text begin

grant
deleted text end
new text begin
reimbursement
new text end
under subdivision 1a shall file a report with the commissioner at the

conclusion of the case detailing the specific purposes for which the money was spent. The

commissioner shall prepare and submit to the chairs of the committees in the senate and

house of representatives with jurisdiction over criminal justice policy by January 1 of each

even-numbered year a summary report of witness assistance services provided under this

section.

Subd. 4.

Data classification.

An application to the commissioner for money is a

confidential record. Information within investigative files that identifies or could reasonably

be used to ascertain the identity of assisted witnesses, sources, or undercover investigators

is a confidential record. A report at the conclusion of an investigation is a public record,

except that information in a report pertaining to the identity or location of an assisted witness

is private data.

Sec. 3.

Minnesota Statutes 2024, section 299C.46, subdivision 6, is amended to read:

Subd. 6.

Orders for protection; no contact orders; harassment restraining orders.

(a)

As used in this subdivision, "no contact orders" include orders issued as pretrial orders

under section
629.72, subdivision 2
, orders under section
629.75
, and orders issued as

probationary or sentencing orders at the time of disposition in a criminal domestic abuse

case.

(b) The data communications network must include orders for protection issued under

section
518B.01
new text begin
or 609.2334
new text end
, harassment restraining orders, and no contact orders issued

against adults and juveniles. A no contact order must be accompanied by a photograph of

the offender for the purpose of enforcement of the order, if a photograph is available and

verified by the court to be an image of the defendant.

(c) Data from orders for protection, harassment restraining orders, or no contact orders

and data entered by law enforcement to assist in the enforcement of those orders are classified

as private data on individuals as defined in section
13.02, subdivision 12
. Data about the

offender can be shared with the victim for purposes of enforcement of the order.

Sec. 4.

Minnesota Statutes 2025 Supplement, section 609.2334, subdivision 11, is amended

to read:

Subd. 11.

Copy to law enforcement agency; lead investigative agency.

Within 24

hours of issuance of an order or continuance of an order under this section, the court

administrator must forward the order for protection and any continuance of the order for

protection to the local law enforcement agency with jurisdiction over the residence of the

vulnerable adult and the lead investigative agency that received the report pursuant to

subdivision 6.
new text begin
The court administrator shall make available to law enforcement officers in

Minnesota, through a system of verification, information as to the existence and status of

an order for protection issued under this section.
new text end
Section
518B.01, subdivision 13
,
deleted text begin
applies
deleted text end
new text begin

paragraphs (b) and (c), apply
new text end
to orders granted under this section.

new text begin

EFFECTIVE DATE.

new text end

new text begin

This section is effective January 1, 2027.

new text end

Sec. 5.

Minnesota Statutes 2024, section 609A.015, subdivision 5, is amended to read:

Subd. 5.

Bureau of Criminal Apprehension to identify eligible persons and grant

expungement relief.

(a) The Bureau of Criminal Apprehension shall identify any records

that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1,

2, or 3. The Bureau of Criminal Apprehension shall make an initial determination of

eligibility within 30 days of the end of the applicable waiting period. If a record is not

eligible for a grant of expungement at the time of the initial determination, the Bureau of

Criminal Apprehension shall make subsequent eligibility determinations annually until the

record is eligible for a grant of expungement.

(b) In making the determination under paragraph (a), the Bureau of Criminal

Apprehension shall identify individuals who are the subject of relevant records through the

use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where

fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall

identify individuals through the use of the person's name and date of birth. Records containing

the same name and date of birth shall be presumed to refer to the same individual unless

other evidence establishes, by a preponderance of the evidence, that they do not refer to the

same individual. The Bureau of Criminal Apprehension is not required to review any other

evidence in making a determination.

(c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying

persons and seal its own records without requiring an application, petition, or motion.

Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to

paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional

information establishes that the records are not eligible for expungement.

(d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension

and subject to a grant of expungement relief shall display a notation stating "expungement

relief granted pursuant to section
609A.015
."

(e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases

for which expungement relief was granted pursuant to this section. Notification may be

through electronic means and may be made in real time or in the form of a monthly report.

Upon receipt of notice, the judicial branch shall seal all records relating to an arrest,

indictment or information, trial, verdict, or dismissal and discharge for any case in which

expungement relief was granted and shall issue any order deemed necessary to achieve this

purpose.

new text begin

(f) If the Bureau of Criminal Apprehension subsequently determines that a sealed record

did not qualify for expungement relief under this section, the Bureau of Criminal

Apprehension shall unseal the record and notify the judicial branch. Upon notification, the

judicial branch shall unseal all records relating to an arrest, indictment or information, trial,

verdict, or dismissal and discharge. The Bureau of Criminal Apprehension shall make this

determination based only on a record stored in its criminal history system.

new text end

deleted text begin

(f)
deleted text end
new text begin
(g)
new text end
The Bureau of Criminal Apprehension shall inform each law enforcement agency

that its records may be affected by a grant of expungement relief. Notification may be

through electronic means. Each notified law enforcement agency that receives a request to

produce records shall first determine if the records were subject to a grant of expungement

under this section. The law enforcement agency must not disclose records relating to an

arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in

which expungement relief was granted and must maintain the data consistent with the

classification in paragraph
deleted text begin
(g)
deleted text end
new text begin
(h)
new text end
. This paragraph does not apply to requests from a criminal

justice agency as defined in section
609A.03, subdivision 7a
, paragraph (f).

deleted text begin

(g)
deleted text end
new text begin
(h)
new text end
Data on the person whose offense has been expunged under this subdivision,

including any notice sent pursuant to paragraph
deleted text begin
(f)
deleted text end
new text begin
(g)
new text end
, are private data on individuals as

defined in section
13.02, subdivision 12
.

deleted text begin

(h)
deleted text end
new text begin
(i)
new text end
The prosecuting attorney shall notify the victim that an offense qualifies for

automatic expungement under this section in the manner provided in section
611A.03,

subdivisions 1
and 2.

deleted text begin

(i)
deleted text end

new text begin
(j)
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In any subsequent prosecution of a person granted expungement relief, the expunged

criminal record may be pleaded and has the same effect as if the relief had not been granted.

deleted text begin

(j)
deleted text end
new text begin
(k)
new text end
The Bureau of Criminal Apprehension is directed to develop, modify, or update

a system to provide criminal justice agencies with uniform statewide access to criminal

records sealed by expungement.

Sec. 6.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, section 299C.12,

new text end

new text begin

is repealed.

new text end

ARTICLE 5

DEPARTMENT OF CORRECTIONS LICENSING

Section 1.

new text begin

[241.011] LICENSING AND INSPECTING JUVENILE AND ADULT

COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.

new text end

new text begin

Subdivision 1.

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new text begin

Scope.

new text end

new text begin

Except as provided under section 241.021, sections 241.011 to

241.013 apply to juvenile and adult community-based residential correctional facilities

licensed by the commissioner of corrections. For the purposes of sections 241.011 to 241.013,

juvenile and adult community-based residential correctional facilities are defined as local

correctional facilities.

new text end

new text begin

Subd. 2.

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Definitions.

new text end

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(a) For purposes of sections 241.011 to 241.021, the following

terms have the meanings given.

new text end

new text begin

(b) "Commissioner" means the commissioner of corrections.

new text end

new text begin

(c) "Critical incident" has the meaning given in Minnesota Rules, part 2960.0020, subpart

24.

new text end

new text begin

(d) "Department" means the Department of Corrections.

new text end

new text begin

(e) "Emergency or unusual occurrence" means an incident that must be reported to the

commissioner through the department's detention information system.

new text end

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(f) "Facility administrator" means the officer in charge of a local correctional facility.

new text end

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(g) "Local correctional facility" includes:

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(1) a facility licensed to house or serve primarily adults under section 241.31; and

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(2) a facility licensed to detain or serve juveniles, including a group home having a

residential component or foster care facility placements under chapter 260C, for the primary

purpose of:

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(i) residential care and treatment;

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(ii) detention; or

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(iii) foster care services for children in need of out-of-home placement.

new text end

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(h) "State correctional facility" means a correctional facility under the commissioner's

control.

new text end

new text begin

Subd. 3.

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Local correctional facilities; inspection and licensing.

new text end

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The commissioner

must inspect and license all local correctional facilities throughout the state established and

operated:

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new text begin

(1) for serving or housing individuals in the facilities; or

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(2) consistent with section 241.013, subdivision 4, paragraph (a), for detaining or serving

juveniles placed in the facilities by a correctional or noncorrectional agency.

new text end

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Subd. 4.

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Inspecting facilities for compliance; publishing inspection reports.

new text end

new text begin

(a)

Unless the commissioner determines otherwise, the commissioner must inspect all local

correctional facilities at least once every two years to determine compliance with the

minimum standards established according to sections 241.011 to 241.013 or any other law

related to minimum standards and conditions of confinement, not including section 241.021,

subdivisions 1 to 1e.

new text end

new text begin

(b) The commissioner must have access to a facility's buildings, grounds, books, records,

and staff and to individuals detained or housed in or served by the facility. The commissioner

may require facility administrators to furnish all information and statistics that the

commissioner deems necessary at a time and place designated by the commissioner.

new text end

new text begin

(c) The commissioner must post each facility inspection report publicly on the

department's website within 30 days after completing an inspection.

new text end

new text begin

Subd. 5.

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Granting license; expiration.

new text end

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(a) The commissioner must grant a license for

up to two years to:

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new text begin

(1) any facility found to conform to minimum standards; or

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new text begin

(2) any facility that the commissioner determines is making satisfactory progress toward

substantial conformity and any minimum standards not being met do not impact the interests

and well-being of the individuals detained or housed in or served by the facility.

new text end

new text begin

(b) A limited license may be issued to effectuate a facility closure.

new text end

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(c) Unless otherwise provided by law, all licenses issued under sections 241.011 to

241.013 expire 12:01 a.m. on the day after the expiration date stated on the license.

new text end

new text begin

Subd. 6.

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Providing and accessing facility data.

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(a) The commissioner may require that

any information under sections 241.011 to 241.013 be provided through the department's

detention information system.

new text end

new text begin

(b) Notwithstanding chapter 13 or any other state law classifying or restricting access

to data, a facility administrator must furnish to the commissioner all data available to a

facility that the commissioner deems necessary for reviewing any critical incident or

emergency or unusual occurrence at the facility.

new text end

new text begin

(c) The commissioner may take action against a facility's license according to section

241.012 if a facility administrator fails to provide or grant access to relevant information

or statistics requested by the commissioner that are necessary to conduct or complete:

new text end

new text begin

(1) inspections;

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new text begin

(2) reviews of emergency or unusual occurrences; or

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(3) reviews of critical incidents.

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Subd. 7.

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Reporting; deaths, emergencies or unusual occurrences, and critical

incidents.

new text end

new text begin

(a) A facility administrator must report a death to the commissioner when:

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new text begin

(1) an individual detained or housed in the facility dies at the facility; or

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(2) an individual dies while receiving medical care stemming from an incident or need

for medical care at the facility that occurred while the individual was detained or housed in

the facility.

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(b) Paragraph (a), clause (2), applies regardless of whether the individual was subject

to the facility's authority while requiring or receiving the medical care.

new text end

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(c) A facility administrator must:

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new text begin

(1) report a death under this subdivision as soon as practicable, but no later than 24 hours

of receiving knowledge of the death; and

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new text begin

(2) include any demographic information required by the commissioner.

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new text begin

(d) Except for deaths under paragraphs (a) to (c), all facility administrators must report

all critical incidents or emergency or unusual occurrences to the commissioner within ten

days of the incident or occurrence, including any demographic information required by the

commissioner.

new text end

new text begin

Subd. 8.

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Death review teams.

new text end

new text begin

(a) If a local correctional facility under subdivision 2,

paragraph (g), clause (2), receives notice of the death of an individual who died under

circumstances described in subdivision 7, paragraph (a), within 90 days of the death, the

following individuals must review the circumstances of the death and assess for preventable

mortality and morbidity, including but not limited to recommending policy or procedure

change:

new text end

new text begin

(1) the facility administrator;

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(2) a medical expert of the facility's choosing who did not provide medical services to

the individual and who is licensed as a physician or physician assistant by the Board of

Medical Practice under chapter 147 or 147A; and

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new text begin

(3) if appropriate, a mental health expert.

new text end

new text begin

(b) The investigating law enforcement agency may provide documentation for, participate

in, or provide documentation for and participate in the review if criminal charges are not

brought. A preliminary autopsy report must be provided as part of the review and any

subsequent autopsy findings as available.

new text end

new text begin

(c) The facility administrator must notify the commissioner via the department's detention

information system that the facility has conducted a review and identify any recommendations

for changes in policy, procedure, or training that will be implemented.

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new text begin

(d) Any report or other documentation created for purposes of a facility death review is

confidential data on individuals under section 13.02, subdivision 3. Nothing in this section

relieves the facility administrator from complying with the notice of death to the

commissioner required under subdivision 7.

new text end

new text begin

Subd. 9.

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new text begin

Rulemaking.

new text end

new text begin

(a) The commissioner must adopt rules establishing minimum

standards for local correctional facilities for the management, operation, and physical

condition of the facilities and the security, safety, health, treatment, and discipline of

individuals detained or housed in or served by the facilities.

new text end

new text begin

(b) The time limit to adopt rules under section 14.125 does not apply to amendments to

rule chapters in effect on the effective date of this section.

new text end

Sec. 2.

new text begin

[241.012] LICENSING ACTIONS AGAINST JUVENILE AND ADULT

COMMUNITY-BASED RESIDENTIAL CORRECTIONAL FACILITIES.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Correction order; conditional license.

new text end

new text begin

(a) For any local correctional

facility under section 241.011, subdivision 2, paragraph (g), the commissioner must:

new text end

new text begin

(1) promptly notify the facility administrator and the facility's governing board of a

deficiency if the commissioner finds that:

new text end

new text begin

(i) the facility does not substantially conform to the minimum standards established by

the commissioner and is not making satisfactory progress toward substantial conformance;

and

new text end

new text begin

(ii) the nonconformance does not present an imminent risk of life-threatening harm or

serious physical injury to the individuals detained or housed in or served by the facility;

and

new text end

new text begin

(2) issue a correction order or a conditional license order requiring that the deficiency

be remedied within a reasonable and specified period.

new text end

new text begin

(b) A conditional license order may restrict the use of any facility that does not

substantially conform to minimum standards, including by:

new text end

new text begin

(1) imposing conditions limiting operation of the facility or parts of the facility;

new text end

new text begin

(2) reducing facility capacity;

new text end

new text begin

(3) limiting intake;

new text end

new text begin

(4) limiting length of detention or placement for individuals; or

new text end

new text begin

(5) imposing detention or placement limitations based on the needs of the detained or

housed individuals or individuals served by the facility.

new text end

new text begin

(c) A correction order or conditional license order must clearly state:

new text end

new text begin

(1) the specific minimum standards violated, noting the implicated rule or statute;

new text end

new text begin

(2) the findings that constitute a violation of minimum standards;

new text end

new text begin

(3) the corrective action needed;

new text end

new text begin

(4) the time allowed to correct each violation; and

new text end

new text begin

(5) if a license is made conditional:

new text end

new text begin

(i) the length and terms of the conditional license;

new text end

new text begin

(ii) any conditions limiting operation of the facility or parts of the facility; and

new text end

new text begin

(iii) the reasons for making the license conditional.

new text end

new text begin

(d) Nothing in this section prohibits the commissioner from ordering a revocation under

subdivision 3 before issuing a correction order or conditional license order.

new text end

new text begin

Subd. 2.

new text end

new text begin

Requesting review of conditional license order.

new text end

new text begin

(a) A facility administrator

may request that the commissioner review the findings in a conditional license order under

subdivision 1 on the grounds that satisfactory progress toward substantial compliance with

minimum standards has been made, supported by evidence of correction. If appropriate, the

request may include a written schedule for compliance.

new text end

new text begin

(b) Within ten business days of receiving a request, the commissioner must review the

evidence of correction and the progress made toward substantial compliance with minimum

standards.

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new text begin

(c) When the commissioner has assurance that satisfactory progress toward substantial

compliance with minimum standards is being made, the commissioner must:

new text end

new text begin

(1) modify or lift any conditions limiting operation of the facility or parts of the facility;

or

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new text begin

(2) remove the conditional license order.

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new text begin

Subd. 3.

new text end

new text begin

License revocation order.

new text end

new text begin

(a) After due notice to a facility administrator of

the commissioner's intent to issue a revocation order, the commissioner may issue an order

revoking a facility's license if the commissioner finds that:

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new text begin

(1) the facility does not conform to minimum standards or is not making satisfactory

progress toward substantial compliance with minimum standards; and

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new text begin

(2) the nonconformance does not present an imminent risk of life-threatening harm or

serious physical injury to the individuals detained or housed in or served by the facility.

new text end

new text begin

(b) The notice of intent to issue a revocation order must include:

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new text begin

(1) the citation to minimum standards that have been violated;

new text end

new text begin

(2) the nature and severity of each violation;

new text end

new text begin

(3) whether the violation is recurring or nonrecurring;

new text end

new text begin

(4) the effect of the violation on individuals detained or housed in or served by the

facility;

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new text begin

(5) an evaluation of the risk of harm to individuals detained or housed in or served by

the facility; and

new text end

new text begin

(6) relevant facts, conditions, and circumstances related to the facility's operation,

including, at a minimum:

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new text begin

(i) specific facility deficiencies that endanger the health or safety of individuals detained

or housed in or served by the facility;

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new text begin

(ii) substantiated complaints relating to the facility; or

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new text begin

(iii) any other evidence that the facility is not in compliance with minimum standards.

new text end

new text begin

(c) Within 30 days of receiving a notice under paragraph (b), the facility administrator

must submit a written response with:

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new text begin

(1) any information related to errors in the notice and the facility's ability to conform to

minimum standards within a set period, including but not limited to a written schedule for

compliance and any other information that the facility administrator deems relevant for the

commissioner's consideration; and

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new text begin

(2) a written plan:

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new text begin

(i) indicating how the facility will ensure the transfer of individuals detained or housed

in or served by the facility and records if the facility closes; and

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new text begin

(ii) specifying arrangements that the facility will make to transfer individuals detained

or housed in or served by the facility to another licensed local correctional facility for

continuation of detention.

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new text begin

(d) When revoking a license, the commissioner must consider:

new text end

new text begin

(1) the nature, chronicity, or severity of the statute or rule violation; and

new text end

new text begin

(2) the effect of the violation on the health, safety, or rights of individuals detained or

housed in or served by the facility.

new text end

new text begin

(e) The commissioner must issue a revocation order if the facility administrator does

not respond within 30 days to the notice or if the commissioner does not have assurance

that satisfactory progress toward substantial compliance with minimum standards will be

made. The revocation order must be sent to the facility administrator and the facility's

governing board, clearly stating:

new text end

new text begin

(1) the specific minimum standards violated, noting the implicated rule or statute;

new text end

new text begin

(2) the findings that constitute a violation of minimum standards and the nature,

chronicity, or severity of the violations;

new text end

new text begin

(3) the corrective action needed;

new text end

new text begin

(4) any prior correction order or conditional license order issued to correct a violation;

and

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new text begin

(5) the date on which the license revocation will occur.

new text end

new text begin

(f) A revocation order may authorize facility use until a certain date, not to exceed the

duration of the active license:

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new text begin

(1) unless a limited license is issued by the commissioner to effectuate a facility closure;

and

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new text begin

(2) if continued operation does not present an imminent risk of life-threatening harm or

is not likely to result in serious physical injury to the individuals detained or housed in or

served by the facility.

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new text begin

(g) After a facility's license is revoked, the facility must not be used until the license is

reinstated. When the commissioner is assured that satisfactory progress toward substantial

compliance with minimum standards is being made, the commissioner may, at the request

of the facility administrator supported by a written schedule for compliance, reinstate the

license.

new text end

new text begin

Subd. 4.

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Reconsideration orders.

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new text begin

(a) If a facility administrator believes that a correction

order, conditional license order, or revocation order is in error, the facility administrator

may ask the commissioner to reconsider the parts of the order or action that are alleged to

be in error. The request for reconsideration must:

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(1) be made in writing;

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(2) be postmarked and sent to the commissioner within 30 calendar days after receiving

the order;

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(3) specify the parts of the order or the action that is alleged to be in error;

new text end

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(4) explain why the order or action is in error; and

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(5) include documentation to support the allegation of error.

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(b) The commissioner must issue a disposition within 60 days of receiving the facility

administrator's response under paragraph (a). A request for reconsideration does not stay

any provisions or requirements of the order.

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Subd. 5.

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Temporary immediate license suspension.

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new text begin

(a) The commissioner must act

immediately to temporarily suspend a license issued under sections 241.011 to 241.013 if:

new text end

new text begin

(1) the facility's failure to comply with applicable minimum standards or the conditions

in the facility pose an imminent risk of life-threatening harm or serious physical injury to

individuals detained or housed in or served by the facility, staff, law enforcement, visitors,

or the public and:

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new text begin

(i) if the imminent risk of life-threatening harm or serious physical injury cannot be

promptly corrected through a different type of order under this section; and

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(ii) the facility cannot or has not corrected the violation giving rise to the imminent risk

of life-threatening harm or serious physical injury; or

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new text begin

(2) while the facility continues to operate pending due notice and opportunity for written

response to the commissioner's notice of intent to issue a revocation order under subdivision

3, the commissioner identifies one or more subsequent violations of minimum standards

that may adversely affect the health or safety of individuals detained or housed in or served

by the facility, staff, law enforcement, visitors, or the public.

new text end

new text begin

(b) A notice stating the reasons for the temporary immediate suspension must be delivered

by personal service to the facility administrator and the facility's governing board.

new text end

new text begin

(c) A facility administrator and the facility's governing board must discontinue operating

the facility upon receiving the commissioner's order to immediately suspend the license.

new text end

new text begin

Subd. 6.

new text end

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Requesting reconsideration of temporary immediate suspension.

new text end

new text begin

(a) A

facility administrator may request reconsideration of an order immediately suspending a

license. The request for reconsideration must be made in writing and sent by certified mail

or personal service as follows:

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new text begin

(1) if mailed, the request for reconsideration must be postmarked and sent to the

commissioner within five business days after the facility administrator receives notice that

the license has been immediately suspended; and

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new text begin

(2) if a request is made by personal service, the request must be received by the

commissioner within five business days after the facility administrator received the order.

new text end

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(b) The request for reconsideration must:

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new text begin

(1) specify the parts of the order that are alleged to be in error;

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(2) explain why they are in error; and

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(3) include documentation to support the allegation of error.

new text end

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(c) Within five business days of receiving the facility administrator's timely request for

reconsideration, the commissioner must review the request. For a review under subdivision

5, paragraph (a), clause (2), the review must be limited solely to whether the temporary

immediate suspension order should remain in effect pending the written response to the

commissioner's notice of intent to issue a revocation order.

new text end

new text begin

Subd. 7.

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Appealing commissioner's reconsideration request.

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new text begin

(a) The commissioner's

disposition of a request for reconsideration of a correction, conditional license, temporary

immediate suspension, or revocation order is final and subject to appeal. Before a facility

administrator may request an appeal under paragraph (b), the facility administrator must

request reconsideration according to this section of any correction, conditional license,

temporary immediate suspension, or revocation order.

new text end

new text begin

(b) Within 60 days after the postmark date of the mailed notice of the commissioner's

decision on a request for reconsideration, the facility administrator may appeal the decision

by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota

Rules of Civil Appellate Procedure, Rule 115.

new text end

new text begin

Subd. 8.

new text end

new text begin

Public notice of restriction, revocation, or suspension.

new text end

new text begin

If a facility's license

is revoked or suspended under this section, a facility's use is restricted for any reason under

a conditional license order, or a correction order is issued to a facility, the commissioner

must publicly post the following information on the department's website:

new text end

new text begin

(1) the facility name;

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new text begin

(2) the status of the facility's license;

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new text begin

(3) the reason for the correction order, restriction, revocation, or suspension; and

new text end

new text begin

(4) any subsequent findings by the commissioner identifying satisfactory progress toward

substantial compliance with minimum standards.

new text end

Sec. 3.

new text begin

[241.013] LICENSING AND INSPECTING LOCAL JUVENILE

CORRECTIONAL FACILITIES.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Scope.

new text end

new text begin

This section applies to local juvenile correctional facilities under

section 241.011, subdivision 2, paragraph (g), licensed by the commissioner of corrections

to detain or serve juveniles, including those providing residential or foster care facility

placements under chapter 260C.

new text end

new text begin

Subd. 2.

new text end

new text begin

Facilities for children and youth; inspection and licensing.

new text end

new text begin

(a)

Notwithstanding any provisions in sections 245A.03; 245A.04; and 256.01, subdivision 2,

paragraph (a), clause (2); and chapter 245C to the contrary, the commissioner must inspect

all local juvenile correctional facilities under section 241.011, subdivision 3, except as

provided under paragraph (c).

new text end

new text begin

(b) The commissioner must grant a license for up to two years to a county, municipality,

or facility:

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new text begin

(1) according to section 241.011, subdivision 5; and

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new text begin

(2) if the commissioner is satisfied that the interests and well-being of children and youth

are protected.

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new text begin

(c) For local juvenile correctional facilities licensed by the commissioner of human

services, the commissioner of corrections may inspect and certify programs based on

certification standards under Minnesota Rules. For purposes of this paragraph, "certification"

has the meaning given in section 245A.02.

new text end

new text begin

Subd. 3.

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Commissioner consultation.

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new text begin

Local juvenile correctional facilities must consult

with the commissioner as needed to strengthen services to children and youth.

new text end

new text begin

Subd. 4.

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new text begin

Affected municipality; notice.

new text end

new text begin

(a) The commissioner must not grant a license

to a local juvenile correctional facility without giving 30 calendar days' written notice to

any affected municipality or other political subdivision unless the facility:

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new text begin

(1) has a licensed capacity of six or fewer individuals; and

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new text begin

(2) is occupied by either the licensee or a group foster home parent.

new text end

new text begin

(b) The notification must be given before the license is first granted and annually

thereafter if annual notification is requested in writing by the affected municipality or other

political subdivision.

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new text begin

(c) State funds must not be made available to or be spent by an agency or department

of state, county, or municipal government for payment to a foster care facility licensed under

this section until the requirements under this subdivision have been met.

new text end

new text begin

Subd. 5.

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Licensing with juveniles from outside state.

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The commissioner must not issue

or renew a license to a facility under this section to operate a local juvenile correctional

facility if:

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new text begin

(1) the facility accepts juveniles who reside outside Minnesota; and

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new text begin

(2) there is no agreement with the entity placing the juvenile at the facility that obligates

the entity to pay the juvenile's educational expenses.

new text end

new text begin

Subd. 6.

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Licensing actions.

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new text begin

The licensing actions under section 241.012 apply to a

facility licensed under this section.

new text end

new text begin

Subd. 7.

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Education for juveniles.

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new text begin

Notwithstanding subdivision 1, the education program

offered in a state or local correctional facility for the placement, confinement, or incarceration

of juveniles must be approved by the commissioner of education before the commissioner

of corrections may grant a license to the facility.

new text end

new text begin

Subd. 8.

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Rulemaking.

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new text begin

(a) The commissioner must adopt rules for local juvenile

correctional facilities according to Laws 1995, chapter 226, article 3, sections 50, 51, and

60, as amended.

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new text begin

(b) The time limit to adopt rules under section 14.125 does not apply to amendments to

Minnesota Rules, chapter 2960, in effect on the effective date of this section.

new text end

Sec. 4.

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[241.014] SECURITY AUDITS FOR STATE CORRECTIONAL FACILITIES.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Purpose.

new text end

new text begin

This section applies to state correctional facilities.

new text end

new text begin

Subd. 2.

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Definitions.

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new text begin

(a) For purposes of this section, the following terms have the

meanings given.

new text end

new text begin

(b) "Audit group" means the state correctional facilities security audit group under

subdivision 5.

new text end

new text begin

(c) "Corrections and detention confidential data" has the meaning given in section 13.85,

subdivision 3.

new text end

new text begin

(d) "Security information" has the meaning given in section 13.37, subdivision 1.

new text end

new text begin

Subd. 3.

new text end

new text begin

Biennial report and audit of security practices.

new text end

new text begin

The department's inspection

unit must conduct biennial security audits of each state correctional facility using the

standards established by the audit group. The inspection unit must:

new text end

new text begin

(1) prepare a report for each audit; and

new text end

new text begin

(2) submit the report to the audit group within 30 days of completing the audit.

new text end

new text begin

Subd. 4.

new text end

new text begin

Data.

new text end

new text begin

(a) Corrections and detention confidential data and security information

contained in reports and records of the audit group:

new text end

new text begin

(1) must maintain that classification, regardless of the data's classification in the hands

of the person who provided the data; and

new text end

new text begin

(2) are not subject to discovery or introduction into evidence in a civil or criminal action

against the state arising out of any matter that the audit group is reviewing.

new text end

new text begin

(b) Information, documents, and records otherwise available from other sources are not

immune from discovery or use in a civil or criminal action solely because the information,

documents, and records were acquired during an audit.

new text end

new text begin

(c) Nothing in this subdivision limits a person who presented information to the audit

group or who is an audit group member from testifying about matters within the person's

knowledge. In a civil or criminal proceeding, a person must not be questioned about the

person's good faith presentation of information to the audit group or opinions formed by

the person as a result of an audit.

new text end

new text begin

Subd. 5.

new text end

new text begin

State correctional facilities security audit group.

new text end

new text begin

(a) The commissioner must

form a state correctional facilities security audit group. The audit group must consist of the

following members:

new text end

new text begin

(1) a department employee who is not assigned to the correctional institutions division,

appointed by the commissioner;

new text end

new text begin

(2) the ombudsperson for corrections or a designee;

new text end

new text begin

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association,

appointed by the commissioner;

new text end

new text begin

(4) an individual with expertise in security related to infrastructure and operational

logistics of correctional facilities who is not required to reside in Minnesota, appointed by

the governor;

new text end

new text begin

(5) the commissioner of health or a designee;

new text end

new text begin

(6) the commissioner of administration or a designee;

new text end

new text begin

(7) two senators, one appointed by the senate majority leader and one appointed by the

senate minority leader; and

new text end

new text begin

(8) two representatives, one appointed by the speaker of the house and one appointed

by the minority leader of the house of representatives.

new text end

new text begin

(b) The ombudsperson chairs the audit group. The audit group must establish security

audit standards for state correctional facilities. In developing the standards, the audit group,

or individual members of the audit group, may gather information from state correctional

facilities and state correctional staff and inmates. The audit group must:

new text end

new text begin

(1) periodically review and modify the standards as needed; and

new text end

new text begin

(2) report the standards to the chairs and ranking minority members of the house of

representatives and senate committees with jurisdiction over public safety policy and finance

when the standards are modified.

new text end

new text begin

(c) The audit group must meet twice annually to review facility audit reports submitted

to the audit group by the department's inspection unit. Notwithstanding any law to the

contrary, the audit group may review the full audit reports, including but not limited to

corrections and detention confidential data and security information.

new text end

new text begin

(d) Within 60 days of meeting to review an audit report from the department's inspection

unit, the audit group must make recommendations to the commissioner. Within 45 days of

receiving the audit group's recommendations, the commissioner must respond in writing to

the audit group's findings and recommendations. The commissioner's response must explain:

new text end

new text begin

(1) whether the commissioner will implement the audit group's recommendations;

new text end

new text begin

(2) the timeline for implementing the recommendations; and

new text end

new text begin

(3) if the commissioner will not implement the recommendations, why the commissioner

will not or cannot implement the recommendations.

new text end

new text begin

(e) The commissioner must include a written aggregate of the audit group's

recommendations based on each security audit and assessment of a state correctional facility

and the commissioner's responses to the recommendations in the biennial report under

section 241.016, subdivision 1. The commissioner must not include corrections and detention

confidential data and security information in the commissioner's report.

new text end

new text begin

(f) The commissioner must provide staffing and administrative support to the audit

group.

new text end

new text begin

Subd. 6.

new text end

new text begin

Compensation.

new text end

new text begin

Except as otherwise provided in this subdivision, the terms,

compensation, and removal of audit group members are governed by section 15.059. Audit

group members serve without compensation but may receive expense reimbursement.

new text end

new text begin

Subd. 7.

new text end

new text begin

Expiration.

new text end

new text begin

Notwithstanding section 15.059, subdivision 6, the audit group

does not expire.

new text end

new text begin

Subd. 8.

new text end

new text begin

Open meeting law.

new text end

new text begin

The audit group is not subject to chapter 13D.

new text end

Sec. 5.

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 1, is amended

to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a)
deleted text begin
Except as provided

in paragraph (b),
deleted text end
The commissioner of corrections shall inspect and license all
deleted text begin
correctional

facilities throughout the state
deleted text end
new text begin
jails and lockups under chapters 641 and 642
new text end
, whether public

or private, established and operated for the detention and confinement of persons confined

or incarcerated therein according to law except to the extent that they are inspected or

licensed by other state regulating agencies. The commissioner shall promulgate pursuant

to chapter 14, rules establishing minimum standards for these facilities with respect to their

management, operation, physical condition, and the security, safety, health, treatment, and

discipline of persons confined or incarcerated therein. These minimum standards shall

include but are not limited to specific guidance pertaining to:

(1) screening, appraisal, assessment, and treatment for persons confined or incarcerated

in correctional facilities with mental illness or substance use disorders;

(2) a policy on the involuntary administration of medications, including a process for

determining on intake whether a Jarvis Order is in place and ensuring it will be followed

during the confinement or incarceration;

(3) suicide prevention plans and training;

(4) verification of medications in a timely manner;

(5) well-being checks;

(6) discharge planning, including providing prescribed medications to persons confined

or incarcerated in correctional facilities upon release;

(7) a policy on referrals or transfers to medical or mental health care in a noncorrectional

institution;

(8) use of segregation and mental health checks;

(9) critical incident debriefings;

(10) clinical management of substance use disorders and opioid overdose emergency

procedures;

(11) a policy regarding identification of persons with special needs confined or

incarcerated in correctional facilities;

(12) a policy regarding the use of telehealth;

(13) self-auditing of compliance with minimum standards;

(14) information sharing with medical personnel and when medical assessment must be

facilitated;

(15) a code of conduct policy for facility staff and annual training;

(16) a policy on death review of all circumstances surrounding the death of an individual

committed to the custody of the facility; and

(17) dissemination of a rights statement made available to persons confined or

incarcerated in licensed correctional facilities.

No individual, corporation, partnership, voluntary association, or other private

organization legally responsible for the operation of a correctional facility may operate the

facility unless it possesses a current license from the commissioner of corrections. Private

adult correctional facilities shall have the authority of section
624.714, subdivision 13
, if

the Department of Corrections licenses the facility with the authority and the facility meets

requirements of section
243.52
.

The commissioner shall review the correctional facilities described in this subdivision

at least once every two years, except as otherwise provided, to determine compliance with

the minimum standards established according to this subdivision or other Minnesota statute

related to minimum standards and conditions of confinement.

The commissioner shall grant a license to any facility found to conform to minimum

standards or to any facility which, in the commissioner's judgment, is making satisfactory

progress toward substantial conformity and the standards not being met do not impact the

interests and well-being of the persons confined or incarcerated in the facility. A limited

license under subdivision 1a may be issued for purposes of effectuating a facility closure.

The commissioner may grant licensure up to two years. Unless otherwise specified by

statute, all licenses issued under this chapter expire at 12:01 a.m. on the day after the

expiration date stated on the license.

The commissioner shall have access to the buildings, grounds, books, records, staff, and

to persons confined or incarcerated in these facilities. The commissioner may require the

officers in charge of these facilities to furnish all information and statistics the commissioner

deems necessary, at a time and place designated by the commissioner. Notwithstanding

chapter 13 or any other state law classifying or restricting access to data, the officers in

charge of these facilities must furnish all data available to the facility that the commissioner

deems necessary to conduct a review of any emergency or unusual occurrence at the facility.

Failure to provide or grant access to relevant information or statistics necessary to fulfill

inspection or emergency or unusual occurrence reviews, as requested by the commissioner,

may be grounds for the commissioner to take action against a correctional facility's license

under subdivision 1a, 1b, or 1c.

All facility administrators of correctional facilities are required to report all deaths of

individuals who died while committed to the custody of the facility, regardless of whether

the death occurred at the facility or after removal from the facility for medical care stemming

from an incident or need for medical care at the correctional facility, as soon as practicable,

but no later than 24 hours of receiving knowledge of the death, including any demographic

information as required by the commissioner.

All facility administrators of correctional facilities are required to report all other

emergency or unusual occurrences as defined by rule, including uses of force by facility

staff that result in substantial bodily harm or suicide attempts, to the commissioner of

corrections within ten days from the occurrence, including any demographic information

as required by the commissioner. The commissioner of corrections shall consult with the

Minnesota Sheriffs' Association and a representative from the Minnesota Association of

Community Corrections Act Counties who is responsible for the operations of an adult

correctional facility to define "use of force" that results in substantial bodily harm for

reporting purposes.

The commissioner may require that any or all such information be provided through the

Department of Corrections detention information system. The commissioner shall post each

inspection report publicly and on the department's website within 30 days of completing

the inspection. The education program offered in a correctional facility for the confinement

or incarceration of juvenile offenders must be approved by the commissioner of education

before the commissioner of corrections may grant a license to the facility.

deleted text begin

(b) For juvenile facilities licensed by the commissioner of human services, the

commissioner may inspect and certify programs based on certification standards set forth

in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given

it in section
245A.02
.

deleted text end

deleted text begin

(c)
deleted text end
new text begin
(b)
new text end
Any state agency which regulates, inspects, or licenses certain aspects of

correctional facilities shall, insofar as is possible, ensure that the minimum standards it

requires are substantially the same as those required by other state agencies which regulate,

inspect, or license the same aspects of similar types of correctional facilities, although at

different correctional facilities.

deleted text begin

(d)
deleted text end
new text begin
(c)
new text end
Nothing in this section shall be construed to limit the commissioner of corrections'

authority to promulgate rules establishing standards of eligibility for counties to receive

funds under chapter 401, or to require counties to comply with operating standards the

commissioner establishes as a condition precedent for counties to receive that funding.

deleted text begin

(e)
deleted text end
new text begin
(d)
new text end
The department's inspection unit must report directly to a division head outside

of the correctional institutions division.

Sec. 6.

Minnesota Statutes 2024, section 241.021, subdivision 1f, is amended to read:

Subd. 1f.

Report.

By February 15, 2022, and by February 15 each year thereafter, the

commissioner of corrections shall report to the chairs and ranking minority members of the

house of representatives and senate committees and divisions with jurisdiction over public

safety and judiciary on the status of the implementation of the provisions in
deleted text begin
this section
deleted text end
new text begin

sections 241.011 to 241.021
new text end
over the prior year, particularly the health and safety of

individuals confined or incarcerated in
deleted text begin
a
deleted text end
new text begin
local adult correctional facilities under this section,

local correctional facilities under section 241.011, and
new text end
state correctional
deleted text begin
facility and a facility

licensed by the commissioner
deleted text end
new text begin
facilities
new text end
. This report shall include but not be limited to data

regarding:

(1) the number of confined or incarcerated persons who died while committed to the

custody of the facility, regardless of whether the death occurred at the facility or after

removal from the facility for medical care stemming from an incident or need for medical

care at the correctional facility, including aggregated demographic information and the

correctional facilities' most recent inspection reports and any corrective orders or conditional

licenses
deleted text begin
issued
deleted text end
new text begin
, revocations, or temporary immediate suspensions
new text end
;

(2) the aggregated results of the death reviews by facility as required by subdivision 8
new text begin

or section 241.011, subdivision 8
new text end
, including any implemented policy changes;

(3) the number of uses of force by facility staff on persons confined or incarcerated in

the correctional facility, including but not limited to whether those uses of force were

determined to be justified by the facility, for which the commissioner of corrections shall

consult with the Minnesota Sheriffs' Association and a representative from the Minnesota

Association of Community Corrections Act Counties who is responsible for the operations

of an adult correctional facility to develop criteria for reporting and define reportable uses

of force;

(4) the number of suicide attempts, number of people transported to a medical facility,

and number of people placed in segregation;

(5) the number of persons committed to the commissioner of corrections' custody that

the commissioner is housing in facilities licensed under subdivision 1
new text begin
and section 241.011
new text end
,

including but not limited to:

(i) aggregated demographic data of those individuals;

(ii) length of time spent housed in a licensed correctional facility; and

(iii) any contracts the Department of Corrections has with correctional facilities to provide

housing; and

(6) summary data from state correctional facilities regarding complaints involving alleged

on-duty staff misconduct, including but not limited to the:

(i) total number of misconduct complaints and investigations;

(ii) total number of complaints by each category of misconduct, as defined by the

commissioner of corrections;

(iii) number of allegations dismissed as unfounded;

(iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;

and

(v) number of allegations substantiated, any resulting disciplinary action, and the nature

of the discipline.

Sec. 7.

Minnesota Statutes 2024, section 241.021, subdivision 1i, is amended to read:

Subd. 1i.

Definition.

As used in this section, "correctional facility" means any
deleted text begin
facility,

including a group home, having a residential component, the primary purpose of which is

to serve persons placed in facilities by a court, court services department, parole authority,

or other correctional agency having dispositional power over persons charged with, convicted,

or adjudicated guilty or delinquent
deleted text end
new text begin
jail or lockup under chapter 641 or 642
new text end
.

Sec. 8.
new text begin
RULEMAKING; DEPARTMENT OF CORRECTIONS; LICENSED

JUVENILE FACILITIES.
new text end

new text begin

Subdivision 1.

new text end

new text begin

Administrative and medical separation.

new text end

new text begin

(a) The notification

requirements in this subdivision apply to juvenile facilities licensed by the commissioner

of corrections under Minnesota Statutes, sections 241.011 to 241.013.

new text end

new text begin

(b) A facility's chief administrator must notify the commissioner according to Minnesota

Rules, part 2960.0270, subpart 12, if a resident is expected to be, or has been, in

administrative or medical separation for more than seven days.

new text end

new text begin

(c) The notification under paragraph (b) must be within ten days of the resident's

placement, or expected placement, in administrative separation or medical separation for

more than seven days.

new text end

new text begin

(d) This subdivision expires when the rules adopted under subdivision 2 are effective.

new text end

new text begin

Subd. 2.

new text end

new text begin

Rulemaking.

new text end

new text begin

(a) The commissioner of corrections must amend Minnesota

Rules, parts 2960.0740, subpart 3, and 2960.0750, subpart 3, to require notification according

to subdivision 1, paragraphs (b) and (c).

new text end

new text begin

(b) The commissioner may use the good cause exemption under Minnesota Statutes,

section 14.388, subdivision 1, clause (3), to adopt rules under this subdivision.

new text end

new text begin

(c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and

60, or any other law to the contrary, the joint rulemaking authority with the commissioners

of the Department of Human Services and other state agencies does not apply to rules

adopted under this subdivision.

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. 9.
new text begin
REVISOR INSTRUCTION.
new text end

new text begin

(a) The revisor of statutes must renumber each section of Minnesota Statutes listed in

column A with the number listed in column B.

new text end

new text begin

Column A

new text end

new text begin

Column B

new text end

new text begin

241.021, subdivision 4

new text end

new text begin

241.74, subdivision 1

new text end

new text begin

241.021, subdivision 4a

new text end

new text begin

241.39

new text end

new text begin

241.021, subdivision 4b

new text end

new text begin

241.74, subdivision 2, paragraph (a)

new text end

new text begin

241.021, subdivision 4c

new text end

new text begin

241.74, subdivision 2, paragraph (b)

new text end

new text begin

241.021, subdivision 4d

new text end

new text begin

241.74, subdivision 3

new text end

new text begin

241.021, subdivision 4e

new text end

new text begin

241.254

new text end

new text begin

(b) As a result of amendments to Minnesota Statutes, sections 241.011 to 241.021, the

revisor of statutes must work with the Department of Corrections to correct cross-references

in Minnesota Statutes and Minnesota Rules and make other necessary grammatical and

technical changes.

new text end

Sec. 10.
new text begin
REPEALER.
new text end

new text begin

(a)

new text end

new text begin

Minnesota Statutes 2024, section 241.021, subdivisions 1g, 1h, 2a, 2b, 3, and 6,

new text end

new text begin

are

repealed.

new text end

new text begin

(b)

new text end

new text begin

Minnesota Statutes 2025 Supplement, section 241.021, subdivision 2,

new text end

new text begin

is repealed.

new text end

ARTICLE 6

DEPARTMENT OF CORRECTIONS SUBSTANCE ABUSE AND MENTAL

HEALTH

Section 1.

Minnesota Statutes 2024, section 241.021, subdivision 4a, is amended to read:

Subd. 4a.

Substance use disorder treatment programs.

All
deleted text begin
residential
deleted text end
substance use

disorder treatment programs operated by the commissioner of corrections to treat
deleted text begin
adults
deleted text end
new text begin

individuals
new text end
committed to the commissioner's custody
deleted text begin
shall
deleted text end

new text begin
or to treat juveniles in

state-operated juvenile correctional facilities that have a correctional program services

certification per Minnesota Rules, chapter 2960, must
new text end
comply with the standards mandated

in chapter
245G
for treatment programs operated by community-based treatment facilities.

When the commissioners of corrections and human services agree that these established

standards for community-based programs cannot reasonably apply to correctional facilities,

alternative equivalent standards shall be developed by the commissioners and established

through an interagency agreement.

Sec. 2.

Minnesota Statutes 2024, section 241.69, subdivision 1, is amended to read:

Subdivision 1.

Authority; rules.

The commissioner of corrections shall, in accordance

with applicable rules and standards prescribed by the Department of Human Services,

establish, staff, equip, maintain, and operate
new text begin
in
new text end
at
new text begin
least
new text end
one of the adult correctional

institutions under the commissioner's control a mental health unit for the care and treatment

of those inmates of state correctional institutions who become mentally ill.

Sec. 3.

Minnesota Statutes 2024, section 241.69, subdivision 3, is amended to read:

Subd. 3.

Transfer.

If the licensed mental health professional finds the person to be a

person who is mentally ill and in need of short-term care,
new text begin
assessment, evaluation, or

stabilization,
new text end
the licensed mental health professional may recommend transfer by the

commissioner of corrections to
deleted text begin
the
deleted text end
new text begin
a
new text end
mental health unit established pursuant to subdivision

1.

Sec. 4.

Minnesota Statutes 2024, section 241.69, subdivision 4, is amended to read:

Subd. 4.

Commitment.

If the licensed mental health professional finds the person to be

a person who is mentally ill and in need of long-term care in a hospital,
deleted text begin
or if an inmate

transferred pursuant to subdivision 3 refuses to voluntarily participate in the treatment

program at the mental health unit,
deleted text end
the director of psychological services of the institution

or the mental health professional shall initiate proceedings for judicial commitment as

provided in section
253B.07
. Upon the recommendation of the licensed mental health

professional and upon completion of the hearing and consideration of the record, the court

may commit the person to
deleted text begin
the
deleted text end
new text begin
a
new text end
mental health unit established in subdivision 1 or to another

hospital. A person confined in a state correctional institution for adults who has been

adjudicated to be a person who is mentally ill and in need of treatment may be committed

to the commissioner of corrections and placed in
deleted text begin
the
deleted text end
new text begin
a
new text end
mental health unit established in

subdivision 1.

Sec. 5.

Minnesota Statutes 2024, section 241.69, subdivision 5, is amended to read:

Subd. 5.

Discharge.

The director of psychological services of
deleted text begin
the
deleted text end
new text begin
a
new text end
mental health unit

established under this section may, subject to the provisions of chapter 253B, provisionally

discharge any inmate patient admitted as a person who is mentally ill without discharging

the commitment and order the inmate patient's release into the general population of the

institution from which admitted, subject to return to the facility for further treatment.

When the director of psychological services of the facility certifies that a patient is no

longer in need of institutional care for mental illness the director of psychological services

shall discharge the patient to the institution from which committed, and the discharge shall

also discharge the mental illness commitment.

A copy of the certification that the inmate is no longer in need of care for mental illness

shall be transmitted to the commissioner of corrections. The commissioner of corrections

shall give serious consideration to the aforementioned certification for purposes of their

supervision over the inmate upon the inmate's release.

Sec. 6.

Minnesota Statutes 2024, section 241.69, subdivision 6, is amended to read:

Subd. 6.

Transfer upon expiration of sentence.

If the sentence of a person who has

been adjudicated to be mentally ill and committed to
deleted text begin
the
deleted text end
new text begin
a
new text end
mental health unit established

under this section should expire before the person recovers and is discharged therefrom,

and, in the judgment of the director of psychological services of the unit, the person requires

further hospitalization for mental illness, the person shall be transferred by the commissioner

of corrections to a state hospital designated by the Direct Care and Treatment executive

board, there to be detained as in the case of other mentally ill persons under judicial

commitment.

ARTICLE 7

PRIVATE DETECTIVE AND PROTECTIVE AGENT LICENSING

Section 1.

Minnesota Statutes 2024, section 326.32, subdivision 8, is amended to read:

Subd. 8.

Applicant.

"Applicant" means any individual
deleted text begin
, partnership
deleted text end
or corporation who

has made application for a private detective or protective agent license.

Sec. 2.

Minnesota Statutes 2024, section 326.32, subdivision 10, is amended to read:

Subd. 10.

License holder.

"License holder" means any individual
deleted text begin
, partnership as defined

in section
323A.0101
, clause (8),
deleted text end
or corporation licensed to perform the duties of a private

detective or a protective agent.

Sec. 3.

Minnesota Statutes 2024, section 326.32, subdivision 10a, is amended to read:

Subd. 10a.

Minnesota manager.

"Minnesota manager" means the member of a
deleted text begin

partnership or
deleted text end
corporation
deleted text begin
,
deleted text end
who meets the qualifications for licensing as provided in sections

326.32
to
326.339
. The Minnesota manager must be actively involved in the day to day

management and supervision of the licensed activity in the Minnesota office.

Sec. 4.

Minnesota Statutes 2024, section 326.32, subdivision 10c, is amended to read:

Subd. 10c.

Proprietary employer.

A "proprietary employer" means an individual
deleted text begin
,

partnership,
deleted text end
or
new text begin
a
new text end
corporation that is not engaged in the business of providing protective

agents but employs individuals to serve as security guards solely on the employer's property

and its curtilage.

Sec. 5.

Minnesota Statutes 2024, section 326.32, subdivision 12, is amended to read:

Subd. 12.

Qualified representative.

"Qualified representative" means the member of

a
deleted text begin
partnership or
deleted text end
corporation
deleted text begin
,
deleted text end
who meets the qualifications for licensing as provided in

sections
326.32
to
326.339
. The qualified representative must be actively involved in the

day to day management and supervision of the licensed activity.

Sec. 6.

Minnesota Statutes 2024, section 326.33, subdivision 1, is amended to read:

Subdivision 1.

Members.

There is hereby created a Board of Private Detective and

Protective Agent Services, consisting of the superintendent of the Bureau of Criminal

Apprehension or an assistant superintendent designated by the superintendent, and the

following members appointed by the commissioner of public safety: a licensed protective

agent, or qualified representative for a licensed protective agent
deleted text begin
partnership or
deleted text end
corporation
deleted text begin
,
deleted text end
new text begin
;
new text end

a licensed private detective, or qualified representative for a licensed private detective
deleted text begin

partnership or
deleted text end
corporation
deleted text begin
,
deleted text end
new text begin
;
new text end
and two public members. Filling of member vacancies shall be

the responsibility of the commissioner of public safety. Membership terms, compensation

of members, removal of members, the filling of membership vacancies, and fiscal year and

reporting requirements shall be as provided in sections
214.07
to
214.09
. The provision of

staff, unless otherwise provided in sections
326.32
to
326.339
; administrative services and

office space; the review and processing of complaints; the setting of board fees, unless

otherwise provided in sections
326.32
to
326.339
; and other provisions relating to board

operations shall be as provided in chapter 214.

Sec. 7.

Minnesota Statutes 2024, section 326.3381, subdivision 2, is amended to read:

Subd. 2.

Application procedure.

The board shall issue a license upon application to

any person qualified under sections
326.32
to
326.339
and under the rules of the board to

engage in the business of private detective or protective agent. The license shall remain

effective for two years as long as the license holder complies with sections
326.32
to
326.339
,

the laws of Minnesota, and the rules of the board. Upon receipt of an application for private

detective or protective agent license, the board shall:

(1) post notice of the application in its office for a period of 20 days, and notify all

persons who have requested notification of applications;

(2) conduct an investigation as it considers necessary to determine the qualifications of

the applicant, qualified representative, Minnesota manager, and
new text begin
,
new text end
if appropriate, a
deleted text begin
partner or
deleted text end

corporate officer; and

(3) notify the applicant of the date on which the board will conduct a review of the

license application.

Sec. 8.

Minnesota Statutes 2024, section 326.3381, subdivision 4, is amended to read:

Subd. 4.

Business entity applicant.

If the applicant for a license is a corporation
deleted text begin
or

partnership, one member
deleted text end
new text begin
, the chief executive officer, the chief financial officer, the qualified

representative, and the Minnesota manager, if one exists,
new text end
of that corporation
deleted text begin
or partnership
deleted text end

must meet the licensing requirements in sections
326.32
to
326.339
new text begin
, including the

requirements of subdivision 3, paragraph (b)
new text end
.

Sec. 9.

Minnesota Statutes 2024, section 326.3382, subdivision 1, is amended to read:

Subdivision 1.

Application form.

(a) Application for a private detective or protective

agent license shall be made on a form prescribed by the board. Each applicant shall provide

the following information:

(1) the full name, date of birth, and sex of each person signing the application, and the

residences of those persons for the past five years;

(2) all past and present occupations and employers, length of employment, and the name,

address, and telephone numbers of supervisors for all persons signing the application;

(3) the address or a description indicating the location of the place of business of the

applicant;

(4) a statement indicating that each person signing the application has attained the age

of 18;

(5) if the applicant is a corporation, the name of the corporation, the date and place of

incorporation, and the location of its principal place of business or registered office in its

state of incorporation; and

(6) further facts as may be required by the board to show the good character, competency,

and integrity of each person signing the application
deleted text begin
; and
deleted text end
new text begin
.
new text end

(b) Each application shall be signed and acknowledged as follows:

(1) if the applicant is an individual, by the individual;
new text begin
or
new text end

deleted text begin

(2) if the applicant is a partnership, by each partner, one of whom must be a qualified

representative; or

deleted text end

deleted text begin

(3)
deleted text end
new text begin
(2)
new text end
if the applicant is a corporation, by the chief executive officer, chief financial

officer, and the qualified representative of the corporation. If the principal place of the

applicant's business is outside Minnesota, the application shall also include the signature

of the Minnesota manager.

Sec. 10.

Minnesota Statutes 2024, section 326.3382, subdivision 4, is amended to read:

Subd. 4.

License disqualification.

Unlicensed activity will not be considered as legitimate

experience for qualification in being licensed. An individual,
deleted text begin
partnership,
deleted text end
new text begin
a
new text end
corporation,
new text begin
a
new text end

qualified representative, or
new text begin
a
new text end
Minnesota manager engaged in the business of a private

detective or protective agent without a license issued by the board is prohibited from applying

for licensing for a period of one year from the date of a finding of the violation.

Sec. 11.

Minnesota Statutes 2024, section 326.3385, subdivision 2, is amended to read:

Subd. 2.

Notice of successor.

new text begin
(a)
new text end
A corporate
deleted text begin
or partnership
deleted text end
license holder shall, within

seven days of the death, resignation, or removal of a person signing the license application,

give written notice to the board of the change and the name and address of the successor in

the vacated position.

new text begin

(b)
new text end
Within seven days of the death, resignation, or removal of a person signing the license

application for a
deleted text begin
partnership or
deleted text end
corporate license holder, the successor qualified

representative,
deleted text begin
partner,
deleted text end
Minnesota manager, chief executive officer, or chief financial officer

who shall qualify under the same procedure and criteria
deleted text begin
, and
deleted text end
new text begin
must
new text end
submit the documents

required, as for an original application.

Sec. 12.

Minnesota Statutes 2024, section 326.3386, subdivision 3, is amended to read:

Subd. 3.

Designation fee.

When a licensed private detective or protective agent who is

a
deleted text begin
partnership or
deleted text end
corporation
deleted text begin
,
deleted text end
desires to designate a new qualified representative or Minnesota

manager, a fee equal to one-half of the license fee shall be submitted to the board.

ARTICLE 8

REHABILITATION OF OFFENDERS

Section 1.

Minnesota Statutes 2024, section 364.03, subdivision 3, is amended to read:

Subd. 3.

Evidence of rehabilitation.

(a) A person who has been convicted of a crime

or crimes which directly relate to the public employment sought or to the occupation for

which a license is sought shall not be disqualified from the employment or occupation if

the person can show
new text begin
both
new text end
competent evidence of sufficient rehabilitation and present fitness

to perform the duties of the public employment sought or the occupation for which the

license is sought.

new text begin

(b) In determining whether the person has demonstrated
new text end
competent evidence of sufficient

rehabilitation
new text begin
and present fitness, the licensing or hiring authority
new text end
may
deleted text begin
be established by

the production of
deleted text end
new text begin
consider the following when making a determination:
new text end

new text begin

(1)
new text end
the person's most recent certified copy of a United States Department of Defense

form DD-214 showing the person's honorable discharge, or separation under honorable

conditions, from the United States armed forces for military service rendered following

conviction for any crime that would otherwise disqualify the person from the public

employment sought or the occupation for which the license is sought
deleted text begin
, or:
deleted text end
new text begin
;
new text end

deleted text begin

(1)
deleted text end
new text begin
(2)
new text end
a copy of the local, state, or federal release order
deleted text begin
;
deleted text end
and

deleted text begin

(2)
deleted text end
evidence showing that at least one year has elapsed since release from any local,

state, or federal correctional institution without subsequent conviction of a crime; and

evidence showing compliance with all terms and conditions of probation or parole;
deleted text begin
or
deleted text end

(3) a copy of the relevant Department of Corrections discharge order or other documents

showing completion of probation or parole supervision
deleted text begin
.
deleted text end
new text begin
;
new text end

deleted text begin

(b) In addition to the documentary evidence presented, the licensing or hiring authority

shall consider any evidence presented by the applicant regarding:

deleted text end

new text begin

(4) evidence regarding:

new text end

deleted text begin

(1)
deleted text end
new text begin
(i)
new text end
the nature and seriousness of the crime or crimes for which convicted;

deleted text begin

(2)
deleted text end
new text begin
(ii)
new text end
all circumstances relative to the crime or crimes, including mitigating

circumstances or social conditions surrounding the commission of the crime or crimes;

deleted text begin

(3)
deleted text end
new text begin
(iii)
new text end
the age of the person at the time the crime or crimes were committed;
new text begin
and
new text end

deleted text begin

(4)
deleted text end
new text begin
(iv)
new text end
the length of time elapsed since the crime or crimes were committed; and

(5) all other competent evidence of rehabilitation and present fitness presented, including,

but not limited to, letters of reference by persons who have been in contact with the applicant

since the applicant's release from any local, state, or federal correctional institution.

(c) The certified copy of a person's United States Department of Defense form DD-214

showing the person's honorable discharge or separation under honorable conditions from

the United States armed forces ceases to qualify as competent evidence of sufficient

rehabilitation for purposes of this section upon the person's conviction for any gross

misdemeanor or felony committed by the person subsequent to the effective date of that

honorable discharge or separation from military service.

Sec. 2.

Minnesota Statutes 2024, section 364.05, is amended to read:

364.05 NOTIFICATION UPON DENIAL OF EMPLOYMENT OR

DISQUALIFICATION FROM OCCUPATION.

If a hiring or licensing authority denies an individual a position of public employment

or disqualifies the individual from pursuing, practicing, or engaging in any occupation for

which a license is required, solely or in part because of the individual's prior conviction of

a crime, the hiring or licensing authority shall notify the individual in writing of the following:

(1) the grounds and reasons for the denial or disqualification;

(2) the applicable complaint and grievance procedure as set forth in section
364.06
;

(3) the earliest date the person may reapply for a position of public employment or a

license
new text begin
with a hiring or licensing authority
new text end
; and

(4) that all competent evidence of rehabilitation presented
new text begin
upon reapplication
new text end
will be

considered
deleted text begin
upon reapplication
deleted text end
.

ARTICLE 9

PROTECTIONS FOR JUDICIAL OFFICIALS

Section 1.

Minnesota Statutes 2025 Supplement, section 480.40, subdivision 1, is amended

to read:

Subdivision 1.

Definitions.

(a) For purposes of this section and section
480.45
, the

following terms have the meanings given.

(b) "Judicial official" means:

(1) every Minnesota district court judge, senior judge, retired judge, and every judge of

the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge

who resides in Minnesota;

(2) a current or retired justice of the Minnesota Supreme Court;

(3) employees of the Minnesota judicial branch;

(4) judicial referees and magistrate judges; and

(5) current and retired judges and current employees of the Office of Administrative

Hearings,
new text begin
Department of Employment and Economic Development Unemployment Insurance

and Paid Leave Appeals Divisions,
new text end
Department of Human Services Appeals Division,

Workers' Compensation Court of Appeals, and Tax Court.

(c) "Personal information" does not include publicly available information. Personal

information means:

(1) a residential address of a judicial official;

(2) a residential address of the spouse, domestic partner, or children of a judicial official;

(3) a nonjudicial branch issued telephone number or email address of a judicial official;

(4) the name of any child of a judicial official; and

(5) the name of any child care facility or school that is attended by a child of a judicial

official if combined with an assertion that the named facility or school is attended by the

child of a judicial official.

(d) "Publicly available information" means information that is lawfully made available

through federal, state, or local government records or information that a business has a

reasonable basis to believe is lawfully made available to the general public through widely

distributed media, by a judicial official, or by a person to whom the judicial official has

disclosed the information, unless the judicial official has restricted the information to a

specific audience.

(e) "Law enforcement support organizations" do not include charitable organizations.

(f) "Real property records" has the meaning given in section
480.50, subdivision 1
,

paragraph (f).

Sec. 2.

Minnesota Statutes 2025 Supplement, section 480.50, subdivision 1, is amended

to read:

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following terms have

the meanings given.

(b) "County recorder" has the meaning given in section
13.045, subdivision 1
, clause

(4).

(c) "Government entity" has the meaning given in section
13.02, subdivision 7a
.

(d) "Judicial official" has the meaning given in section
480.40, subdivision 1
, paragraph

(b), except that it does not include: (1) employees of the Minnesota judicial branch, the

Office of Administrative Hearings, the Workers' Compensation Court of Appeals, or the

Tax Court;
deleted text begin
or
deleted text end
(2) judges or employees in the Department of Human Services Appeals

Division
new text begin
; or (3) judges or employees in the Unemployment Insurance and Paid Leave

Appeals Divisions
new text end
.

(e) "Personal information" has the meaning given in section
480.40, subdivision 1
,

paragraph (c).

(f) "Real property records" means any of the following:

(1) real property records as defined in section
13.045, subdivision 1
, clause (5);

(2) Uniform Commercial Code filings and tax liens maintained by the Secretary of State;

and

(3) any other records maintained by a county recorder or other government entity

evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.

(g) "Responsible authority" has the meaning given in section
13.02, subdivision 16
.

APPENDIX

Repealed Minnesota Statutes: S4760-1

169A.54 DWI CONVICTIONS, ADJUDICATIONS; ADMINISTRATIVE PENALTIES.

Subd. 6.

Applicability of implied consent revocation.

(a) Any person whose license has been revoked pursuant to section
169A.52
(license revocation for test failure or refusal) or
171.177
(revocation; pursuant to a search warrant) as the result of the same incident, and who does not have a qualified prior impaired driving incident, is subject to the mandatory revocation provisions of subdivision 1, clause (1) or (2), in lieu of the mandatory revocation provisions of section
169A.52
or
171.177
.

(b) Paragraph (a) does not apply to:

(1) a person whose license has been revoked under subdivision 2 (driving while impaired by person under age 21); or

(2) a person whose driver's license has been revoked for, or who is charged with (i) an alcohol concentration of twice the legal limit or more as measured at the time or within two hours of the time of the offense; or (ii) a violation of section
169A.20
(driving while impaired) with an aggravating factor described in section
169A.03, subdivision 3
, clause (3).

241.021 LICENSING AND SUPERVISION OF FACILITIES.

Subd. 1g.

Biennial assessment and audit of security practices; state correctional facilities.

(a) Beginning in 2022, the commissioner shall have the department's inspection unit conduct biennial security audits of each state correctional facility using the standards promulgated by the state correctional facilities security audit group. The unit must prepare a report for each assessment and audit and submit the report to the state correctional facilities security audit group within 30 days of completion of the audit.

(b) Corrections and detention confidential data, as defined in section
13.85, subdivision
3, and nonpublic security information, as defined in section
13.37, subdivision 1
, that is contained in reports and records of the group maintain that classification, regardless of the data's classification in the hands of the person who provided the data, and are not subject to discovery or introduction into evidence in a civil or criminal action against the state arising out of the matters the group is reviewing. Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because they were acquired during the group's audit. This section does not limit a person who presented information to the group or who is a member of the group from testifying about matters within the person's knowledge. However, in a civil or criminal proceeding, a person may not be questioned about the person's good faith presentation of information to the group or opinions formed by the person as a result of the group's audits.

Subd. 1h.

State correctional facilities security audit group.

(a) Beginning in fiscal year 2022, the commissioner shall form a state correctional facilities security audit group. The group must consist of the following members:

(1) a Department of Corrections employee who is not assigned to the correctional institutions division, appointed by the commissioner;

(2) the ombudsperson for corrections or a designee;

(3) an elected sheriff or designee nominated by the Minnesota Sheriffs' Association and appointed by the commissioner;

(4) an individual with expertise in security related to infrastructure and operational logistics of correctional facilities who is not required to reside in Minnesota, appointed by the governor;

(5) the commissioner of health or a designee;

(6) the commissioner of administration or a designee;

(7) two senators, one appointed by the senate majority leader and one appointed by the minority leader; and

(8) two representatives, one appointed by the speaker of the house and one appointed by the minority leader of the house of representatives.

(b) The ombudsperson or a designee shall chair the group. The group shall establish security audit standards for state correctional facilities. In developing the standards, the group, or individual members of the group, may gather information from state correctional facilities and state correctional staff and inmates. The security audit group must periodically review the standards and modify them as needed. The group must report the standards to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety policy and finance whenever the standards are updated.

(c) The group shall meet twice a year to review facility audit reports submitted to the group by the agency's inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the full audit reports including nonpublic security information and corrections and detention confidential data. Within 60 days of meeting to review audit reports from the department's inspection unit, the group must make recommendations to the commissioner. Within 45 days of receiving the group's recommendations, the commissioner must reply in writing to the group's findings and recommendations. The commissioner's response must explain whether the agency will implement the group's recommendations, the timeline for implementation of the changes, and, if not, why the commissioner will not or cannot implement the group's recommendations.

(d) Beginning in 2023, the commissioner must include a written aggregate of the group's recommendations based on each security audit and assessment of a state correctional facility and the commissioner's responses to the recommendations in the biennial report required under section
241.016, subdivision 1
. The commissioner shall not include corrections and detention confidential data, as defined in section
13.85, subdivision 3
, and nonpublic security information, as defined in section
13.37, subdivision 1
, in the commissioner's report to the legislature.

(e) The commissioner shall provide staffing and administrative support to the group.

(f) The state correctional facilities security audit group is not subject to chapter 13D.

(g) Except as otherwise provided in this paragraph, the terms, compensation, and removal of members of the group are governed by section
15.059
. Members of the group serve without compensation but shall receive expense reimbursement. Notwithstanding section
15.059, subdivision 6
, the group does not expire.

Subd. 2.

Facilities for delinquent children and youth; licenses; supervision.

Notwithstanding any provisions in sections
142B.05
;
142B.10
;
245A.03
;
245A.04
; and
256.01, subdivision 2
, paragraph (a), clause (2), and chapter 245C to the contrary, but subject to the municipality notification requirements of subdivision 2a, the commissioner of corrections shall review all county, municipal, or other publicly established and operated facilities for the detention, care and training of delinquent children and youth at least once every biennium, and if such facility conforms to reasonable standards established by the commissioner or in the commissioner's judgment is making satisfactory progress toward substantial conformity therewith, and the commissioner is satisfied that the interests and well-being of children and youth received therein are protected, the commissioner shall grant a license to the county, municipality or agency thereof operating such facility. The commissioner may grant licensure up to two years. Each such facility shall cooperate with the commissioner to make available all facts regarding its operation and services as the commissioner requires to determine its conformance to standards and its competence to give the services needed and which it purports to give. Every such facility as herein described is subject to visitation and supervision by the commissioner and shall receive from the commissioner consultation as needed to strengthen services to the children and youth received therein.

Subd. 2a.

Affected municipality; notice.

The commissioner must not grant a license without giving 30 calendar days' written notice to any affected municipality or other political subdivision unless the facility has a licensed capacity of six or fewer persons and is occupied by either the licensee or the group foster home parents. The notification must be given before the license is first granted and annually after that time if annual notification is requested in writing by any affected municipality or other political subdivision. State funds must not be made available to or be spent by an agency or department of state, county, or municipal government for payment to a foster care facility licensed under subdivision 2 until the provisions of this subdivision have been complied with in full.

Subd. 2b.

Licensing; facilities; juveniles from outside state.

The commissioner may not:

(1) grant a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile; or

(2) renew a license under this section to operate a correctional facility for the detention or confinement of juvenile offenders if the facility accepts juveniles who reside outside of Minnesota without an agreement with the entity placing the juvenile at the facility that obligates the entity to pay the educational expenses of the juvenile.

Subd. 3.

Revocation of license.

When after due notice and hearing the commissioner of corrections determines that any facility described in subdivision 2 does not substantially conform to the reasonable standards therein provided or is not making satisfactory progress toward substantial compliance therewith, the commissioner may, with the consent of the judge of the district court, issue an order revoking the license of that facility. After revocation of its license, that facility shall not be used for the care and training of delinquent children, or for their detention until its license is renewed.

Subd. 6.

Background studies.

(a) The commissioner of corrections is authorized to do background studies on personnel employed by any facility serving children or youth that is licensed under this section. The commissioner of corrections shall contract with the commissioner of human services to conduct background studies of individuals providing services in secure and nonsecure residential facilities and detention facilities who have direct contact, as defined under section
245C.02, subdivision 11
, with persons served in the facilities. A disqualification of an individual in this section shall disqualify the individual as provided in chapter 245C.

(b) A clerk or administrator of any court, the Bureau of Criminal Apprehension, a prosecuting attorney, a county sheriff, or a chief of a local police department, shall assist in these studies by providing to the commissioner of human services, or the commissioner's representative, all criminal conviction data available from local, state, and national criminal history record repositories, including the criminal justice data communications network, pertaining to the following individuals: applicants, operators, all persons living in the household, and all staff of any facility subject to background studies under this subdivision.

(c) The Department of Human Services shall conduct the background studies required by paragraph (a) in compliance with the provisions of chapter 245C. For the purpose of this subdivision, the term "secure and nonsecure residential facility and detention facility" shall include programs licensed or certified under subdivision 2. The Department of Human Services shall provide necessary forms and instructions, shall conduct the necessary background studies of individuals, and shall provide notification of the results of the studies to the facilities, individuals, and the commissioner of corrections. Individuals shall be disqualified under the provisions of chapter 245C.

If an individual is disqualified, the Department of Human Services shall notify the facility and the individual and shall inform the individual of the right to request a reconsideration of the disqualification by submitting the request to the Department of Corrections.

(d) The commissioner of corrections shall review and decide reconsideration requests, including the granting of variances, in accordance with the procedures and criteria contained in chapter 245C. The commissioner's decision shall be provided to the individual and to the Department of Human Services. The commissioner's decision to grant or deny a reconsideration of disqualification is the final administrative agency action.

(e) Facilities described in paragraph (a) shall be responsible for cooperating with the departments in implementing the provisions of this subdivision. The responsibilities imposed on applicants and licensees under chapters 245A and 245C shall apply to these facilities.

299C.12 RECORD KEPT BY PEACE OFFICER; REPORT.

Every peace officer shall keep or cause to be kept a permanent written record, in such form as the superintendent may prescribe, of all felonies reported to or discovered by the officer within the officer's jurisdiction and of all warrants of arrest for felonies and search warrants issued to the officer in relation to the commission of felonies, and shall make or cause to be made to the sheriff of the county and the bureau reports of all such crimes, upon such forms as the superintendent may prescribe, including a statement of the facts and a description of the offender, so far as known, the offender's method of operation, the action taken by the officer, and such other information as the superintendent may require.