1.2relating to the financing of state government; making supplemental appropriations
1.3and reductions for public safety purposes; providing for a mandatory life sentence
1.4for criminal sexual predatory conduct offenders; delaying the implementation of
1.5certain changes to the sentencing guidelines grid; amending Minnesota Statutes
1.62008, sections 244.05, subdivisions 4, 5; 297I.06, subdivision 3; 609.3453; Laws
1.72009, chapter 83, article 1, sections 10, subdivision 4; 11.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9    Section 1. OUTCOME MEASUREMENT.
1.10In enacting this act, the legislature does not intend that the outcome of the act's
1.11budget reductions will adversely affect public safety. It is not the intention of the
1.12legislature to impair the ability of local units of government to provide sufficient police
1.13and fire protection to the public.

1.14	Sec. 2. SUMMARY OF APPROPRIATIONS.

1.15    The amounts shown in this section summarize the direct appropriations, by fund,
1.16made in this act.

1.17			2010		2011		Total
1.18	General	$	(11,028,000)	$	(20,804,000)	$	(31,832,000)
1.19	Special Revenue		(84,000)		1,832,000		1,748,000
1.20	Total	$	(11,112,000)	$	(18,972,000)	$	(30,084,000)

1.21	Sec. 3. PUBLIC SAFETY APPROPRIATIONS.

1.22    The sums shown in the columns marked "Appropriations" are added to or, if shown
1.23in parentheses, subtracted from the appropriations in Laws 2009, chapter 83, article 1, to
1.24the agencies and for the purposes specified in this act. The appropriations are from the
2.1general fund, or another named fund, and are available for the fiscal years indicated for
2.2each purpose. The figures "2010" and "2011" used in this act mean that the addition to
2.3or subtraction from the appropriations listed under them are available for the fiscal year
2.4ending June 30, 2010, or June 30, 2011, respectively. Supplemental appropriations and
2.5reductions to appropriations for the fiscal year ending June 30, 2010, are effective the day
2.6following final enactment. "The first year" is fiscal year 2010. "The second year" is fiscal
2.7year 2011. "The biennium" is fiscal years 2010 and 2011.

2.8				APPROPRIATIONS
2.9				Available for the Year
2.10				Ending June 30
2.11					2010		2011

2.12

Sec. 4. PUBLIC SAFETY

2.13

Subdivision 1.Total Appropriation

$

(1,658,000)

$

238,000

2.14	Appropriations by Fund
2.15		2010	2011
2.16	General	(1,658,000)	(1,762,000)
2.17	Special Revenue	-0-	2,000,000

2.18The appropriation additions or reductions
2.19for each purpose are shown in the following
2.20subdivisions.

2.21

Subd. 2.Emergency Management

2.22

(a) State Match

-0-

1,600,000

2.23This onetime appropriation is to provide a
2.24match for FEMA money received for natural
2.25disaster assistance payments and is added
2.26to appropriations in Laws 2009, chapter 83,
2.27article 1, section 10, subdivision 2.

2.28

(b) General Reduction

(40,000)

(80,000)

2.29The appropriation in Laws 2009, chapter 83,
2.30article 1, section 10, subdivision 2, for fiscal
2.31year 2010 is reduced by $40,000 and for
2.32fiscal year 2011 is reduced by $80,000.

2.33

Subd. 3.Criminal Apprehension

(853,000)

(1,731,000)

2.34General Reduction
3.1The appropriation in Laws 2009, chapter 83,
3.2article 1, section 10, subdivision 3, for fiscal
3.3year 2010 is reduced by $853,000 and for
3.4fiscal year 2011 is reduced by $1,731,000.

3.5

Subd. 4.Fire Marshal

-0-

2,000,000

3.6This onetime appropriation is from the fire
3.7safety account in the special revenue fund
3.8and is to be disbursed as follows:
3.9(1) $1,360,000 for firefighter training;
3.10(2) $294,000 for Task Force 1 training;
3.11(3) $136,000 for the decontamination
3.12trailer program of the division of Homeland
3.13Security and Emergency Management;
3.14(4) $125,000 for Chemical Assessment team
3.15training; and
3.16(5) $85,000 for shared firefighting services
3.17grants to local units of government.
3.18This appropriation is available through June
3.1930, 2012.

3.20

Subd. 5.Alcohol and Gambling Enforcement

(34,000)

(68,000)

3.21General Reduction
3.22The appropriation in Laws 2009, chapter 83,
3.23article 1, section 10, subdivision 5, for fiscal
3.24year 2010 is reduced by $34,000 and for
3.25fiscal year 2011 is reduced by $68,000.

3.26

Subd. 6.Office of Justice Programs

(731,000)

(1,483,000)

3.27General Reduction
3.28The appropriation in Laws 2009, chapter 83,
3.29article 1, section 10, subdivision 6, for fiscal
3.30year 2010 is reduced by $731,000 and for
3.31fiscal year 2011 is reduced by $1,483,000.
4.1No portion of this reduction may come
4.2from grants to youth intervention, domestic
4.3violence, or sexual violence programs.

4.4

Sec. 5. PRIVATE DETECTIVE BOARD

$

(3,000)

$

(5,000)

4.5General Reduction
4.6The appropriation in Laws 2009, chapter 83,
4.7article 1, section 12, for fiscal year 2010 is
4.8reduced by $3,000 and for fiscal year 2011
4.9is reduced by $5,000.

4.10

Sec. 6. HUMAN RIGHTS

$

(71,000)

$

(144,000)

4.11General Reduction
4.12The appropriation in Laws 2009, chapter 83,
4.13article 1, section 13, for fiscal year 2010 is
4.14reduced by $71,000 and for fiscal year 2011
4.15is reduced by $144,000.

4.16

Sec. 7. CORRECTIONS

4.17

Subdivision 1.Total Appropriation

$

(9,284,000)

$

(18,868,000)

4.18The appropriation additions or reductions
4.19for each purpose are shown in the following
4.20subdivisions.
4.21No portion of this reduction may come from
4.22offender reentry programs.

4.23

Subd. 2.Correctional Institutions

(6,518,000)

(13,252,000)

4.24General Reduction
4.25The appropriation in Laws 2009, chapter 83,
4.26article 1, section 14, subdivision 2, for fiscal
4.27year 2010 is reduced by $6,518,000 and for
4.28fiscal year 2011 is reduced by $13,252,000.
4.29Transfers
4.30(a) Notwithstanding Minnesota Statutes,
4.31section 241.27, the commissioner of
5.1management and budget shall transfer
5.2$574,000 the first year and $989,000 the
5.3second year from the Minnesota Correctional
5.4Industries revolving fund to the general fund.
5.5(b) Notwithstanding any law to the contrary,
5.6the commissioner of management and
5.7budget shall transfer $201,000 the first
5.8year and $402,000 the second year from
5.9the Department of Corrections' special
5.10revenue accounts to the general fund. The
5.11commissioner of corrections shall adjust
5.12expenditures to stay within the remaining
5.13revenues.

5.14

Subd. 3.Community Services

(2,331,000)

(4,732,000)

5.15General Reduction
5.16The appropriation in Laws 2009, chapter 83,
5.17article 1, section 14, subdivision 3, for fiscal
5.18year 2010 is reduced by $2,331,000 and for
5.19fiscal year 2011 is reduced by $4,732,000.

5.20

Subd. 4.Operations Support

(435,000)

(884,000)

5.21General Reduction
5.22The appropriation in Laws 2009, chapter 83,
5.23article 1, section 14, subdivision 4, for fiscal
5.24year 2010 is reduced by $435,000 and for
5.25fiscal year 2011 is reduced by $884,000.

5.26

Sec. 8. SENTENCING GUIDELINES

$

(12,000)

$

(25,000)

5.27General Reduction
5.28The appropriation in Laws 2009, chapter 83,
5.29article 1, section 15, for fiscal year 2010 is
5.30reduced by $12,000 and for fiscal year 2011
5.31is reduced by $25,000.

5.32    Sec. 9. Minnesota Statutes 2008, section 244.05, subdivision 4, is amended to read:
6.1    Subd. 4. Minimum imprisonment, life sentence. (a) An inmate serving a
6.2mandatory life sentence under section 609.106 or 609.3455, subdivision 2, must not be
6.3given supervised release under this section.
6.4(b) An inmate serving a mandatory life sentence under section 609.185, clause (3),
6.5(5), or (6); 609.3453; or Minnesota Statutes 2004, section 609.109, subdivision 3, must
6.6not be given supervised release under this section without having served a minimum
6.7term of 30 years.
6.8(c) An inmate serving a mandatory life sentence under section 609.385 must not
6.9be given supervised release under this section without having served a minimum term of
6.10imprisonment of 17 years.
6.11(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
6.123 or 4, must not be given supervised release under this section without having served the
6.13minimum term of imprisonment specified by the court in its sentence.
6.14EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
6.15committed on or after that date.

6.16    Sec. 10. Minnesota Statutes 2008, section 244.05, subdivision 5, is amended to read:
6.17    Subd. 5. Supervised release, life sentence. (a) The commissioner of corrections
6.18may, under rules promulgated by the commissioner, give supervised release to an inmate
6.19serving a mandatory life sentence under section 609.185, clause (3), (5), or (6); 609.3453;
6.20609.3455, subdivision 3 or 4; 609.385; or Minnesota Statutes 2004, section 609.109,
6.21subdivision 3, after the inmate has served the minimum term of imprisonment specified in
6.22subdivision 4.
6.23(b) The commissioner shall require the preparation of a community investigation
6.24report and shall consider the findings of the report when making a supervised release
6.25decision under this subdivision. The report shall reflect the sentiment of the various
6.26elements of the community toward the inmate, both at the time of the offense and at the
6.27present time. The report shall include the views of the sentencing judge, the prosecutor,
6.28any law enforcement personnel who may have been involved in the case, and any
6.29successors to these individuals who may have information relevant to the supervised
6.30release decision. The report shall also include the views of the victim and the victim's
6.31family unless the victim or the victim's family chooses not to participate.
6.32(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
6.33of the time and place of the inmate's supervised release review hearing. The victim has
6.34a right to submit an oral or written statement at the review hearing. The statement may
6.35summarize the harm suffered by the victim as a result of the crime and give the victim's
7.1recommendation on whether the inmate should be given supervised release at this time.
7.2The commissioner must consider the victim's statement when making the supervised
7.3release decision.
7.4(d) When considering whether to give supervised release to an inmate serving a life
7.5sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
7.6a minimum, the following: the risk the inmate poses to the community if released, the
7.7inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
7.8or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
7.9other relevant conduct of the inmate while incarcerated or before incarceration. The
7.10commissioner may not give supervised release to the inmate unless:
7.11(1) while in prison:
7.12(i) the inmate has successfully completed appropriate sex offender treatment;
7.13(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
7.14has successfully completed chemical dependency treatment; and
7.15(iii) the inmate has been assessed for mental health needs and, if appropriate, has
7.16successfully completed mental health treatment; and
7.17(2) a comprehensive individual release plan is in place for the inmate that ensures
7.18that, after release, the inmate will have suitable housing and receive appropriate aftercare
7.19and community-based treatment. The comprehensive plan also must include a postprison
7.20employment or education plan for the inmate.
7.21(e) As used in this subdivision, "victim" means the individual who suffered harm as
7.22a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
7.23spouse or next of kin.
7.24EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
7.25committed on or after that date.

7.26    Sec. 11. Minnesota Statutes 2008, section 297I.06, subdivision 3, is amended to read:
7.27    Subd. 3. Fire safety account, annual transfers, allocation. A special account, to
7.28be known as the fire safety account, is created in the state treasury. The account consists of
7.29the proceeds under subdivisions 1 and 2. $468,000 in fiscal year 2008, $4,268,000 in fiscal
7.30year 2009, $9,268,000 in fiscal year 2010, $3,368,000 in fiscal year 2011, and $2,268,000
7.31$2,368,000 in each year thereafter is transferred from the fire safety account in the special
7.32revenue fund to the general fund to offset the loss of revenue caused by the repeal of the
7.33one-half of one percent tax on fire insurance premiums.
7.34EFFECTIVE DATE.This section is effective the day following final enactment.

8.1    Sec. 12. Minnesota Statutes 2008, section 609.3453, is amended to read:
8.2609.3453 CRIMINAL SEXUAL PREDATORY CONDUCT.
8.3    Subdivision 1. Crime defined. A person is guilty of criminal sexual predatory
8.4conduct if the person commits a predatory crime that was motivated by the offender's
8.5sexual impulses or was part of a predatory pattern of behavior that had criminal sexual
8.6conduct as its goal.
8.7    Subd. 2. Penalty. (a) Except as provided in section 609.3455, the statutory
8.8maximum sentence for a violation of subdivision 1 is: (1) 25 percent longer than for the
8.9underlying predatory crime; or (2) 50 percent longer than for the underlying predatory
8.10crime, if the violation is committed by a person with a previous sex offense conviction,
8.11as defined in section 609.3455, subdivision 1 Notwithstanding the statutory maximum
8.12sentence for the underlying predatory crime, the court shall sentence a person convicted
8.13of a violation of subdivision 1 to imprisonment for life.
8.14(b) In addition to the sentence imposed under paragraph (a), the person may also be
8.15sentenced to the payment of a fine of not more than $20,000 $50,000.
8.16(c) A person convicted under this section is also subject to conditional release under
8.17section 609.3455.
8.18EFFECTIVE DATE.This section is effective August 1, 2010, and applies to crimes
8.19committed on or after that date.

8.20    Sec. 13. Laws 2009, chapter 83, article 1, section 10, subdivision 4, is amended to read:

8.21 8.22

Subd. 4.Fire Marshal

8,125,000 15,025,000

8,125,000 11,125,000

8.23This appropriation is from the fire safety
8.24account in the special revenue fund.
8.25Of this amount, $5,857,000 each $5,757,000
8.26the first year and $7,757,000 the second year
8.27is for activities under Minnesota Statutes,
8.28section 299F.012, and $2,268,000 each
8.29$9,268,000 the first year and $3,368,000 the
8.30second year is for transfer to the general fund
8.31under Minnesota Statutes, section 297I.06,
8.32subdivision 3 .
8.33EFFECTIVE DATE.This section is effective the day following final enactment.

9.1    Sec. 14. Laws 2009, chapter 83, article 1, section 11, is amended to read:

9.2 9.3

Sec. 11. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST)

$

4,012,000 3,928,000

$

4,012,000 3,844,000

9.4(a) Excess Amounts Transferred. This
9.5appropriation is from the peace officer
9.6training account in the special revenue fund.
9.7Any new receipts credited to that account
9.8in the first year in excess of $4,012,000
9.9$3,928,000 must be transferred and credited
9.10to the general fund. Any new receipts
9.11credited to that account in the second year
9.12in excess of $4,012,000 $3,844,000 must be
9.13transferred and credited to the general fund.
9.14(b) Peace Officer Training
9.15Reimbursements. $2,859,000 each year is
9.16$2,775,000 the first year and $2,691,000 the
9.17second year are for reimbursements to local
9.18governments for peace officer training costs.
9.19(c) Prohibition on Use of Appropriation.
9.20No portion of this appropriation may be
9.21used for the purchase of motor vehicles
9.22or out-of-state travel that is not directly
9.23connected with and necessary to carry out
9.24the core functions of the board.
9.25EFFECTIVE DATE.This section is effective the day following final enactment.

9.26    Sec. 15. PROPOSED SENTENCING GUIDELINE'S CHANGES DELAYED.
9.27The proposed changes to the sentencing guidelines relating to the crimes of
9.28solicitation, inducement, and promotion of prostitution and sex trafficking, and riot
9.29described on pages 8 to 9 and Appendix E of the Minnesota Sentencing Guidelines
9.30Commission's January 2010 report to the legislature take effect on August 1, 2011.
9.31EFFECTIVE DATE.This section is effective the day following final enactment.