Article 1 -- Uniform Collateral Consequences of Conviction Act

Section 1 provides a title for the act.

Section 2 provides definitions for the act. The defined terms include: “collateral consequence,” “collateral sanction,” “conviction,” “decision maker,” “disqualification,” “offense,” “person,” and “state.”

Section 3 indicates the limitations/areas that the act does not affect.

Section 4 requires the Revisor of Statutes to identify any provisions in Minnesota’s Constitution, Statutes, or Rules that impose a collateral sanction or authorize the imposition of a disqualification, or that afford relief from a collateral consequence. The Revisor must also prepare and publish a collection of citations to these provisions and annually update the collection.

Section 5 requires peace officers and prosecutors to give a specified notice regarding the legal consequences of a guilty plea or conviction. Also requires courts to confirm that the notice was given before accepting a plea.

Section 6 requires courts (as part of sentencing) and corrections officials (before releasing offenders) to give an individual convicted of an offense specified notice relating to collateral consequences.

Section 7 provides that collateral sanctions may be imposed only by statute, ordinance, or rule, and that laws creating collateral consequences that are ambiguous as to whether they impose a collateral sanction or disqualification must be construed as authorizing a disqualification.

Section 8 requires decision makers, when deciding whether to impose a disqualification, to undertake an individualized assessment to determine whether the benefit or opportunity at issue shall be denied. Specifies the factors the decision maker must consider when making the decision.

Section 9 addresses the effect of criminal convictions and juvenile adjudications in other states or the United States; convictions that are reversed, overturned, or vacated; pardons; convictions that have been relieved by expungements; and charges or prosecutions that have been terminated without a conviction and imposition of sentence based on participation in a deferred adjudication or diversion program.

Section 10 authorizes individuals convicted of offenses to petition for an order of limited relief from one or more collateral sanctions relating to employment, education, housing, public benefits, or occupational licensing. The petition must be brought before the Office of Administrative Hearings (OAH) (i.e., an administrative law judge).  Authorizes the sentencing court to issue an order at or before sentencing (upon approval of the prosecutor). Specifies the criteria that must be met for an order to be granted and what the order must specify.

Section 11 authorizes a person convicted of an offense to petition the OAH for a certificate of restoration of rights relieving collateral sanctions. The petition may be brought no sooner than five years after the person’s most recent conviction or the person’s release from confinement, whichever is later. Specifies the criteria that must be met for the certificate to be issued. Except as provided in the certificate, a certificate relieves all collateral sanctions except those listed in section 14.

Section 12 authorizes the OAH to adopt rules to carry out its responsibilities under this article.

Section 13 specifies the type of collateral sanctions that may not be relieved under an order of limited relief (section 10) or certificate of restoration of rights (section 11).

Section 14 provides various clarifications for petitions under sections 10 and 11. Specifies the notice that must be given. Authorizes the issuance of more limited orders or certificates that are subject to restriction, condition, or additional requirements. Specifies the criteria for restricting or revoking an order or certificate. Authorizes the ordering of tests, reports, investigations, or disclosures that are necessary to a decision to issue, modify, or revoke an order or certificate. Authorizes the individual seeking an order or certificate and/or prosecutor to submit evidence and be heard on relevant issues in certain cases. Requires a public record to be maintained on the issuance, modification, and revocation of orders and certificates.

Section 15 provides that in judicial or administrative proceedings involving negligence or other fault, an order of limited relief or certificate of restoration of rights may be introduced as evidence of a person’s due care in specified activities relating to the order or certificate.

Section 16 authorizes crime victims to be present and submit an oral or written statement in a proceeding for issuance, modification, or revocation of an order of limited relief or certificate of restoration of rights. Specifies the notification process for victims.

Section 17 specifies that consideration must be given to the need to promote uniformity when construing and applying the act.

Section 18 provides that the act applies to collateral consequences whenever enacted or imposed, unless the law creating the collateral consequence specifically states that the act does not apply. Also provides that the act does not invalidate the imposition of a collateral sanction on an individual before the act’s effective date. Clarifies that collateral sanctions imposed before the act’s effective date may be the subject of relief under the act.

Section 19 requires that the uniform traffic ticket and the statewide standard citation give notice of potential collateral consequences by January 1, 2016.

Section 20 appropriates an unspecified amount to the OAH to fulfill its duties under this article.

Section 21 contains the article's effective dates. Of note, the law enforcement notice requirement in section 5 is effective July 1, 2016; the rules authorization in section 12 is effective immediately; and the rest of the article is effective January 1, 2015.

Article 2 -- Conforming Amendments

Sections 1 and 2 amend the Department of Human Services licensing law to clarify how article 1 is to be implemented.

Section 3 adds a reference to the act in the application section of Minnesota Statutes, Chapter 364 (criminal offenders; rehabilitation).

Section 4 amends the crime victims law to address notification to crime victims of petitions under article 1, sections 10 and 11.

Section 5 repeals Minnesota Statutes, Chapter 609B. The provisions in this chapter relate to collateral sanctions and are superseded by the requirement in Article 1, Section 4, that the Revisor of Statutes publish the specified collection of collateral sanctions and disqualifications.

Section 6 makes the article effective January 1, 2015.

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