1.1 	A bill for an act
1.2 	relating to public safety; crime prevention; health
1.3 	and human services; establishing a judicial diversion
1.4 	program for drug offenders; authorizing expungement of
1.5 	certain criminal records; directing the commissioner
1.6 	of health and human services to issue a request for
1.7 	proposals for secure chemical dependency treatment
1.8 	facilities; amending Minnesota Statutes 2004, sections
1.9 	152.152; 254B.02, subdivision 1; 609A.02, subdivision
1.10 	1.
1.11 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.12 	Section 1. Minnesota Statutes 2004, section 152.152, is
1.13 	amended to read:
1.14 	152.152  MANDATORY CHEMICAL DEPENDENCY ASSESSMENT AND 
1.15 	STAYED SENTENCE ~~LIMITED~~.
1.16 	(a) If a person is convicted under section 152.021,
1.17 	152.022, ~~or~~ 152.023, 152.024, or 152.025, and the Sentencing
1.18 	Guidelines grid calls for a presumptive prison sentence for the
1.19 	offense, the court ~~may~~ , prior to sentencing, must order the
1.20 	offender to undergo a chemical dependency assessment as part of
1.21 	the presentence investigation required under the Rules of
1.22 	Criminal Procedure, rule 27.  The party performing the chemical
1.23 	dependency assessment must submit a report to the sentencing
1.24 	court containing a recommendation on the offender's need for and
1.25 	amenability to drug treatment.  If after reviewing the
1.26 	offender's chemical dependency assessment report the court
1.27 	concludes the offender is in need of and amenable to drug
1.28 	treatment and does not pose a flight risk or a threat to public
2.1 	safety, the court must stay imposition or execution of the
2.2 	sentence ~~only as provided in this section.  The sentence may be~~
2.3 	~~stayed based on amenability to probation only if the offender~~
2.4 	~~presents adequate evidence to the court that the offender has~~
2.5 	~~been accepted by, and can respond to, a treatment program that~~
2.6 	~~has been approved by the commissioner of human services~~. If a
2.7 	court determines an offender is not in need of or amenable to
2.8 	treatment, poses a flight risk, or poses a threat to public
2.9 	safety, the reasons for the court's decision must be placed on
2.10 	the record.  If an offender does not receive a stayed sentence,
2.11 	the court may impose a sentence that is a mitigated
2.12 	dispositional departure on any other ground only if the court
2.13 	includes as a condition of probation incarceration in a local
2.14 	jail or workhouse.
2.15 	(b) An offender who receives a stayed sentence under
2.16 	paragraph (a) shall be ordered to spend at least one year in a
2.17 	secure chemical dependency treatment facility licensed by the
2.18 	commissioners of human services and corrections.
2.19 	(c) An offender who successfully completes treatment and
2.20 	does not otherwise commit a crime within five years of being
2.21 	released from a secure treatment facility shall be eligible to
2.22 	petition for expungement, under chapter 609A, of all records and
2.23 	files related to the offender's conviction.
2.24 	(d) Funding for offenders diverted to a secure treatment
2.25 	facility under this section shall come from the consolidated
2.26 	chemical dependency treatment fund as provided for in section
2.27 	254B.02, subdivision 1.

2.28 	EFFECTIVE DATE. This section is effective August 1, 2007,
2.29 	and applies to offenders who have not been sentenced prior to
2.30 	that date.

2.31 	Sec. 2. Minnesota Statutes 2004, section 254B.02,
2.32 	subdivision 1, is amended to read:
2.33 		Subdivision 1.Chemical dependency treatment allocation.
 2.34 	The chemical dependency funds appropriated for allocation shall
2.35 	be placed in a special revenue account.  The commissioner shall
2.36 	annually transfer funds from the chemical dependency fund to pay
3.1 	for operation of the drug and alcohol abuse normative evaluation
3.2 	system, the treatment and care of criminal offenders diverted to
3.3 	a secure chemical dependency treatment facility under section
3.4 	152.152,and to pay for all costs incurred by adding two
3.5 	positions for licensing of chemical dependency treatment and
3.6 	rehabilitation programs located in hospitals for which funds are
3.7 	not otherwise appropriated.  For each year of the biennium
3.8 	ending June 30, 1999, the commissioner shall allocate funds to
3.9 	the American Indian chemical dependency tribal account for
3.10 	treatment of American Indians by eligible vendors under section
3.11 	254B.05, equal to the amount allocated in fiscal year 1997.  The
3.12 	commissioner shall annually divide the money available in the
3.13 	chemical dependency fund that is not held in reserve by counties
3.14 	from a previous allocation, or allocated to the American Indian
3.15 	chemical dependency tribal account.  Six percent of the
3.16 	remaining money must be reserved for the nonreservation American
3.17 	Indian chemical dependency allocation for treatment of American
3.18 	Indians by eligible vendors under section 254B.05, subdivision
3.19 	1.  The remainder of the money must be allocated among the
3.20 	counties according to the following formula, using state
3.21 	demographer data and other data sources determined by the
3.22 	commissioner:
3.23 	(a) For purposes of this formula, American Indians and
3.24 	children under age 14 are subtracted from the population of each
3.25 	county to determine the restricted population.
3.26 	(b) The amount of chemical dependency fund expenditures for
3.27 	entitled persons for services not covered by prepaid plans
3.28 	governed by section 256B.69 in the previous year is divided by
3.29 	the amount of chemical dependency fund expenditures for entitled
3.30 	persons for all services to determine the proportion of exempt
3.31 	service expenditures for each county.
3.32 	(c) The prepaid plan months of eligibility is multiplied by
3.33 	the proportion of exempt service expenditures to determine the
3.34 	adjusted prepaid plan months of eligibility for each county.
3.35 	(d) The adjusted prepaid plan months of eligibility is
3.36 	added to the number of restricted population fee for service
4.1 	months of eligibility for the Minnesota family investment
4.2 	program, general assistance, and medical assistance and divided
4.3 	by the county restricted population to determine county per
4.4 	capita months of covered service eligibility.
4.5 	(e) The number of adjusted prepaid plan months of
4.6 	eligibility for the state is added to the number of fee for
4.7 	service months of eligibility for the Minnesota family
4.8 	investment program, general assistance, and medical assistance
4.9 	for the state restricted population and divided by the state
4.10 	restricted population to determine state per capita months of
4.11 	covered service eligibility.
4.12 	(f) The county per capita months of covered service
4.13 	eligibility is divided by the state per capita months of covered
4.14 	service eligibility to determine the county welfare caseload
4.15 	factor.
4.16 	(g) The median married couple income for the most recent
4.17 	three-year period available for the state is divided by the
4.18 	median married couple income for the same period for each county
4.19 	to determine the income factor for each county.
4.20 	(h) The county restricted population is multiplied by the
4.21 	sum of the county welfare caseload factor and the county income
4.22 	factor to determine the adjusted population.
4.23 	(i) $15,000 shall be allocated to each county.
4.24 	(j) The remaining funds shall be allocated proportional to
4.25 	the county adjusted population.
4.26 	
EFFECTIVE DATE. This section is effective July 1, 2007.

4.27 	Sec. 3. Minnesota Statutes 2004, section 609A.02,
4.28 	subdivision 1, is amended to read:
4.29 		Subdivision 1.Certain controlled substance offenses.
 4.30 	(a) Upon the dismissal and discharge of proceedings against a
4.31 	person under section 152.18, subdivision 1, for violation of
4.32 	section 152.024, 152.025, or 152.027 for possession of a
4.33 	controlled substance, the person may petition under section
4.34 	609A.03 for the sealing of all records relating to the arrest,
4.35 	indictment or information, trial, and dismissal and discharge.
4.36 	(b) An offender who receives a stayed sentence under
5.1 	section 152.152 and who (1) successfully completes treatment,
5.2 	and (2) does not otherwise commit a crime within five years of
5.3 	being released from a secure treatment facility, may petition
5.4 	under section 609A.03 for the sealing of all records relating to
5.5 	the arrest, indictment, trial, and sentencing.
5.6 	
EFFECTIVE DATE. This section is effective August 1, 2007,
5.7 	and applies to crimes committed on or after that date.

5.8 	Sec. 4. RFP TO CONSTRUCT AND OPERATE TREATMENT FACILITIES
5.9 	FOR MALE AND FEMALE CONTROLLED SUBSTANCE OFFENDERS.
 5.10 	(a) The commissioner of human services shall issue a
5.11 	request for proposals from both private and public vendors to
5.12 	construct and operate, for a minimum of ten years, secure
5.13 	chemical dependency treatment facilities to house controlled
5.14 	substance offenders who courts direct to treatment under
5.15 	Minnesota Statutes, section 152.152.  The request must solicit
5.16 	proposals for:
5.17 	(1) facilities for male offenders with a capacity of at
5.18 	least 750 beds; and 
5.19 	(2) a facility for female offenders with a capacity of at
5.20 	least 250 beds.
5.21 	(b) Proposals must:
5.22 	(1) satisfy Department of Human Services licensing
5.23 	requirements for secure chemical dependency treatment
5.24 	facilities;
5.25 	(2) satisfy Department of Corrections licensing
5.26 	requirements provided for in section 241.021 and rule;
5.27 	(3) include a plan for the operation of comprehensive
5.28 	chemical dependency treatment programs within the facilities for
5.29 	methamphetamine as well as other controlled substances;
5.30 	(4) provide for the tracking of released offenders to
5.31 	document recidivism rates for a minimum of four years after
5.32 	release; and 
5.33 	(5) provide the state of Minnesota with a first right to
5.34 	acquire facilities if a private vendor elects to discontinue
5.35 	providing services to the Department of Human Services.

5.36 	EFFECTIVE DATE. This section is effective the day
6.1 	following final enactment.