 |
|
|
Note: The Senate Information Office has toll-free telephone numbers to enable citizens of Greater Minnesota to obtain general information about the Minnesota Senate. The telephone numbers are: 1-888-234-1112 (voice) and 1-888-234-1216 (TTY).
Update: April 10, 2003 11:30 a.m.
Members, chaired by Sen. Leo Foley (DFL-Coon Rapids), discussed the philosophy of outsourcing state services and the need, in light of projected budget shortfalls, to provide space for an increase in the state prison population. Assistant Commissioner of Corrections Dennis Benson said the bill is a response to the projected population increase in the 2005-2007 time period. "We have no place to go, we have nothing left to cut and still run the agency responsibly," Benson said. Neuville said the bill merely authorizes the department to issue the RFP, but does not bind the department to anything. He said, "This is a very responsible proposal. The alternative is to let inmates out or build a new facility, which would be very expensive for the state at a time of budget shortfalls." Benson said, "We have to anticipate growth unless sentencing laws are changed."
John Tuma, speaking for the Metro Inter-County Association, said the association had no position on the RFP portion of the bill, but was in opposition to the provisions allowing short term offenders to be housed in county facilities. He said the bill is a straight shift from the state to counties at a time when state aid to counties is being cut. A representative from the State Sheriffs Association also opposed the provision and said that local facilities are already full.
Sen. Wesley Skoglund (DFL-Mpls.) offered an amendment altering the provisions in the bill relating to the issuance of an RFP to clarify that the department may also respond to the RFP and making the provision permissive, rather than mandatory. The amendment was adopted on a voice vote. Sen. Dave Kleis (R-St. Cloud) offered an amendment to delete the sections dealing with the housing of short term offenders at local law enforcement facilities. The amendment failed. The bill was approved and re-referred to the Finance Committee.
Members also advanced two additional bills. S.F. 1123, authored by Sen. Mee Moua (DFL-St. Paul), requires the Dept. of Corrections to submit a biennial, rather than annual, performance report. The bill was recommended for placement on the Consent Calendar. S.F. 823, sponsored by Foley, provides that government units are not required to pay defendants' attorney fees for prosecutorial appeals when the government unit prevails. The measure was re-referred to the Finance Committee.
Committee members, chaired by Sen. Leo Foley (DFL-Coon Rapids), quickly considered a relatively full, though mainly non-controversial, agenda.
S.F. 941, sponsored by Sen. Dan Sparks (DFL-Austin), makes changes to provisions relating to state hazardous materials teams. The bill was amended to specify that "chemical assessment team" means a team trained, equipped and authorized to evaluate and when possible provide simple mitigation to a hazardous materials incident and required to recommend to the local incident manager the best means of controlling the hazards. The measure was recommended for placement on the Consent Calendar.
S.F. 942, authored by Chaudhary, authorizes admission in evidence of chain of custody documentation relating to blood specimens. The bill was also recommended for placement on the Consent Calendar. S.F. 907, sponsored by Sen. Wesley Skoglund (DFL-Mpls.), authorizing the Dept. of Corrections forensic pathologists to issue death certificates and S.F. 276, sponsored by Foley, providing that the Bureau of Criminal Apprehension and local law enforcement agencies collect crime data using the uniform offense codes, were both approved and recommended for placement on the Consent Calendar.
The committee also advanced two additional measures to the Finance Committee. S.F. 242, sponsored by Sen. Dave Kleis (R-St. Cloud), requires the commissioner of corrections to submit an analysis to the Legislature on ways to increase inmate capacity at correction facilities when the number of inmates is in excess of the department's current capacity. S.F. 906, sponsored by Skoglund, authorizes the collection of treatment co-pays from sex offenders in sex offender treatment programs. Both measures were approved and re-referred to the Finance Committee.
One bill was re-referred to the State and Local Government Operations Committee. S.F. 1158, authored by Sen. Don Betzold (DFL-Fridley), modifies provisions relating to DWI breath-testing instruments. The measure also provides for rule-making concerning instruments for preliminary screening or chemical tests for intoxication.
The panel also discussed, but took no action on, a bill providing that government units are not generally required to pay defendants' attorney fees for prosecutorial appeals. S.F 823, authored by Foley, was laid over for further discussion.
Offenders convicted of a felony or gross misdemeanor DWI offense granted a staggered sentence serve the sentence in three or more segments spaced one year apart, under the bill. The offender may bring a motion before the court for forgiveness of any segment after the first segment. Judge James Dehn said he has been using staggered sentencing for DWI offenders in Isanti County for several years. Dehn said offenders must prove they are actively sober, are involved in a sobriety group and have the support of their probation officer for a segment to be forgiven. He said offenders, under staggered sentencing, are given an incentive to reform and not become a repeat offender. If an offender has another DWI offense during the term of the staggered sentence, Dehn said, the full sentence for the first offense is served immediately, along with the sentence for the repeat offense. S.F. 389 was re-referred to the Finance Committee.
In other action, the panel approved 12 other measures in afternoon and evening hearings. Sen. John Hottinger (DFL-St. Peter) carried S.F. 998, denoted as the Fair and Clean Elections Act. The bill imposes a 10 percent surcharge on all criminal or civil fines or penalties imposed by a court, in addition to existing surcharges, and directs the money collected to the state elections campaign fund. The measure was re-referred to the Committee on Rules and Administration on a 5-3 roll call vote.
Three measures were re-referred to the Finance Committee. S.F. 869, authored by Sen. Cal Larson (R-Fergus Falls), increases the surcharge on criminal and traffic offenders by $25 and directs the money collected to be distributed to the law enforcement agency responsible for the conviction resulting in the collection of the surcharge. Sen. Linda Berglin (DFL-Mpls.) also carried a bill increasing the surcharge on criminal and traffic offenders by $25. S.F. 1044 also imposes a $3 surcharge on parking tickets and requires co-payments for the use of public defense services. Under the measure, the additional funds are directed to the Board of Public Defense. Members adopted amendments, offered by Berglin, adding a $200 surcharge to the fee for attorney license renewals-funds collected are directed to support public defense and civil legal services-and establishing alternative placements for offenders with serious and persistent mental illness. S.F. 254, carried by Foley, provides that a crime of identity theft that involves between 4 and 7 direct victims is a 10-year felony, and that a crime of identity theft that involves 8 or more victims, or a total combined loss of more than $35,000, is a 20-year felony. The measure also adds the use of another person's identity in committing a crime as an aggravating offense under sentencing guidelines.
S.F. 755, sponsored by Sen. Richard Cohen (DFL-St. Paul), was re-referred to the Tax Committee. The bill prohibits state agencies from entering into or renewing contracts with companies operating in nations classified as tax havens. S.F. 1278, carried by Foley, was recommended for placement on the Consent Calendar. The bill clarifies reporting requirements under the predatory sex offenders registration law. S.F. 1079, authored by Sen. Sheila Kiscaden (IP-Rochester), was re-referred to the Committee on Health and Family Security. The measure requires mental health screening of children under delinquency detention conditions and authorizes courts to consider the results of the screenings in dispositions.
Five proposals were advanced to the full Senate. S.F. 515, authored by Sen. Wesley Skoglund (DFL-Mpls.), establishes the Minnesota Financial Crimes Task Force, superceding the current Financial Crimes Investigation Task Force, and expands the scope of the task force to include investment fraud, insurance fraud, vehicle insurance fraud, financial institution fraud, fraud related to state and federal programs, tax fraud and mail and wire fraud. Sen. Steve Murphy (DFL-Red Wing) carried S.F. 369, which provides for an optional administrative appeal for individual denied permits to carry pistols, increases the minimum age for permit eligibility, specifies necessary training in the safe use of a pistol and provides for data collection regarding permit applications. S.F. 1306, sponsored by Foley, establishes a procedure for probation technical violation sanctions conferences.
Sen. Mee Moua (DFL-St. Paul) carried S.F. 964, which clarifies county responsibility for the costs of medical examinations of victims of criminal sexual conduct to gather evidence, authorizes counties to seek insurance reimbursement from the insurer of the victim upon victim authorization after performance of the examination, specifies victim notice requirements, provides for earlier victim input in the plea agreement process and imposes conditions on the disclosure of videotaped interviews of child abuse victims. S.F. 1140 prohibits persons under age 17 from renting or purchasing restricted video games. The bill, carried by Sen. Sandra Pappas (DFL-St. Paul), was approved on a 6-0 roll call vote.
S.F. 241, authored by Sen. Dave Kleis (R-St. Cloud), was amended with language worked out by the author and the Dept. of Corrections to specify that correctional institutions classified by the commissioner as custody level five must permit multiple occupancy not to exceed the limits of facility infrastructure and programming space. Kleis said the bill applies to the Stillwater and St. Cloud Correctional Facilities. Kleis said the bill also gives the commissioner flexibility with custody level six facilities by specifying level six facilities have inmates in separate cells, except where the commissioner deems necessary. Kleis said the increase in prison populations means that the facilities are running out of beds to house inmates and that the bill allows for greater capacity.
Opposition to the measure was voiced by Julie Bleyhl, AFSCME Council 6, and Brian Bergson, Minnesota Association of Professional Employees. Both said the increased numbers of inmates represent a danger to prison staff. Dennis Benson, Dept. of Corrections, said the department plans to increase staff in those instances where multiple occupancy is necessary.
Members approved the bill and advanced the measure to the Finance Committee.
The committee, chaired by Sen. Leo Foley (DFL-Coon Rapids), also approved three bills relating to neighborhood crime prevention groups. All three measures were sponsored by Sen. Linda Berglin (DFL-Mpls). The first measure, S.F. 41, establishes a pilot project to enhance community policing efforts. The bill provides for grants to law enforcement agencies to be used for community policing agencies. Berglin said the measure provides for Minnesota alternative policing strategies (MAPS) that are designed to work with neighborhood groups. The measure was re-referred to the Finance Committee. The second bill, S.F. 42, requires that law enforcement agencies in cities of the first class report about the outcomes of criminal investigations, arrests and prosecutions to the groups that reported the criminal activity. The bill also defines community crime prevention groups. The bill was re-referred to the Judiciary Committee. The third bill, S.F. 43, expands the crime of fourth degree assault to include an assault that inflicts demonstrable bodily harm on a community crime prevention group member who is on neighborhood patrol. The measure was also re-referred to the Finance Committee.
In other action, the committee advanced several additional bills. S.F. 96, authored by Sen. Steve Murphy (DFL-Red Wing), expands fourth degree assault to include assaults on employees or other individuals who provide care or treatment at a secure treatment facility. The measure was approved and re-referred to the Finance Committee. S.F. 1014, carried by Sen. Dan Sparks (DFL-Austin), increases the parental liability owed to a victim for acts by juvenile offenders. The bill also allows a victim of a crime committed by a juvenile, who is a minor, to have a parent or guardian present at the juvenile court proceeding. The bill was approved and re-referred to the Judiciary Committee. S.F. 1065, carried by Sen. Julie Rosen (R-Fairmont), is a Dept. of Agriculture bill. The measure was before the panel because of a provision providing for criminal enforcement of provisions relating to plant protection, nursery and seed laws. The bill was approved and re-referred to the Finance Committee. S.F. 351, authored by Sen. Thomas Bakk (DFL-Cook), allows a person who is designated in writing by the chief law enforcement officer of a political subdivision to use and possess radio equipment while in the course of duties or employment without also having to get an individual permit. Bakk said the measure cuts down on paperwork and allows for more local control. The bill was approved and recommended for placement on the Consent Calendar.
S.F. 972, authored by Sen. Thomas Neuville (R-Northfield), makes numerous changes in provisions relating to child support enforcement. The measure was before the panel because of a provision specifying that before pursuing criminal penalties, the state must first attempt to obtain a contempt order. Discussion centered on specific language relating to when the contempt order must be sought prior to prosecuting the obligor. Members amended the bill to specify the order for contempt must have been sought at any time within the last 36 months. The bill was approved and re-referred to the Judiciary Committee. S.F. 840, also sponsored by Neuville, requires the Bureau of Criminal Apprehension to establish and maintain an Internet web site containing public criminal history data. Neuville said, originally, the bill was enacted two years ago, but the BCA had yet to establish the web site. The bill restates the policy and provides that a $5 fee, contained in the original legislation but scheduled to expire this year, be maintained until Aug. 1, 2005. The bill was approved and re-referred to the Finance Committee.
Kleis said, "The goal of this bill is to tighten drivers license and identity card rules and procedures and to comply with federal homeland security law. Identity theft is a huge problem and a drivers license is the primary document that people use for identification." The main provision of the bill is the proof of identity and residence, he said. Kleis said, "The status check only applies to those visitors to the U.S. who choose to get a license. Visitors may drive with a valid license from another state or country."
Supporters of the bill said the measure is important because of the issue of identification verification. Brian Erickson, Minnesota State Patrol, described the procedures for checking if the status check date has passed when an individual is stopped for another violation. Patricia McCormick, Dept. of Public Safety, also spoke in support of the bill and detailed the various provisions. A number of other representatives of law enforcement spoke in support also.
Opposition centered on the status check provision. Rabbi Morris Allen said, "Marking a drivers license will do nothing to protect America from terrorism, but will cause terror to those who are already marginalized in society." Peter Nikitas, representing Jewish Community Action and the National Lawyers Guild, said, "The bill targets politically weak, non-white population to provide an illusion of safety for the majority." Other speakers said there was a legitimate concern that the provision will lead to harassment.
Kleis responded that the measure provides minimum standards to have adequate identification and that the main reason for the bill was the prevention of identity theft. Sen. Mee Moua (DFL-St. Paul) countered, "Although I appreciate the tone of the discussion in the hearing today, the reality is that the issue was a campaign issue framed in the rhetoric of terrorism and a whole range of issues have been hung on the bill."
The bill failed to gain the committee's approval on a voice vote.
A bill limiting the rulemaking authority of the commissioner concerning drivers licenses was approved by the committee. S.F. 1102, authored by Moua, specifies that in exercising rulemaking authority, the commissioner may not, in the absence of legislative direction, include personal information that is not explicitly authorized. The bill also requires the issuance of a duplicate driver's license or ID card that does not bear a status check notation upon surrender of a license or ID that does contain the notation. The bill was approved and re-referred to the State and Local Government Operations Committee.
In other action, the committee did advance several bills relating to the prevention of identity theft. S.F. 969, authored by Sen. Ann Rest (DFL-New Hope), prohibits the use of electronic scanning devices to capture encoded information from a credit or other financial transaction card. Rest said the practice of "skimming" credit cards and using the information to defraud the card owner is rapidly increasing. The bill makes it a crime to engage in skimming activity. The bill was approved and re-referred to the Finance Committee. S.F. 514, sponsored by Sen. Wesley Skoglund (DFL-Mpls.), creates the crime of mail theft. Skoglund said the measure is also aimed at identity theft prevention. He said it has become the practice for thieves to take credit card offers from mailboxes, apply for the card with a different address and run up thousands of dollars in fraudulent purchases. He said the person whose name was taken may not know for sometime that the theft has occurred. The bill also allows prosecutors to aggregate the value of money and property obtained through identity theft over a six month period. The bill was also approved and re-referred to the Finance Committee. S.F. 980, authored by Committee Chair Leo Foley (DFL-Coon Rapids), provides reporting procedures and venue for identity theft. Specifically, the bill allows victims to report the crime to the law enforcement agency where they live, regardless of where the crime occurred. The bill was also approved and re-referred to the Finance Committee.
Finally, members approved a bill, S.F. 646, sponsored by Foley, creating a five-year felony for interfering with emergency communications. The bill was re-referred to the Finance Committee.
A number of individuals spoke in support of the measure. Gary Wingrove, a paramedic, said, "Car crashes are the leading cause of death from accidents." Julie Philbrook, of Hennepin County Medical Center, said, "Seatbelts are the most important factor in preventing ejection from the vehicle in a car crash." She said in other states, when seat belts were made a primary offense, seat belt compliance jumped 10 to 15 percent. Edward Rice, Jr. said the measure makes sense from an insurance standpoint. "The bill's only intent is to save lives," Rice said. He also spoke to the issue of racial profiling. "Issues of discrimination are not related to seat belt use," Rice said, "Discrimination can occur with or without law."
Committee Chair Leo Foley (DFL-Coon Rapids) also spoke in support of the bill. He said he had been working on the issue for a number of years. Studies in other states show enforcement of seat belt laws are not a discrimination problem, he said. He also said the amount of fine is also a factor in seat belt compliance. He offered an amendment to raise the fine in the bill from $25 to $50. Members adopted the amendment.
Satveer Chaudhary (DFL-Fridley) spoke in opposition to the measure. He said, "Minnesota's compliance is already 80 percent, what problem are we trying to solve?" He added, "There is concern about being pulled over illegitimately. We are creating far more danger by passing a primary offense law. It is better to take steps to increase education about seat belt use." Sen. David Knutson (R-Burnsville) and Sen. Mike McGinn (R-Eagan) urged support. "Anything can be used for ill purposes, but passing a primary offense bill is for the greater good," McGinn said.
The measure was approved and re-referred to the Finance Committee.
Members also approved a bill requiring a permit from the state fire marshal for indoor fireworks displays. S.F. 735, authored by Sen. Wesley Skoglund (DFL-Mpls.), also requires the permit application to be made at least 15 days in advance of the date of performance and requires notice to be given to inform patrons of the display. Skoglund said the bill is in response to the tragic fire in Rhode Island and to an incident at a club in Minneapolis. He said the bill clarifies who is responsible for obtaining a permit and clarifies state law. The measure is supported by the fire chiefs association, he said. Testifying in opposition to the measure, Steve Coleman, RES Specialty Pyrotechnics, said current law provides adequate safeguards. The bill was approved and advanced to the Finance Committee.
A second bill sponsored by Skoglund, S.F. 355, also gained committee approval. The measure creates a gross misdemeanor penalty for fifth degree arson where there is bodily harm as a result of the arson. The measure was also re-referred to the Finance Committee.
S.F. 960, carried by Foley, allows for aggregation of prostitution offense prosecutions against those who promote prostitution. The measure was approved and advanced to the Finance Committee. Finally, a bill clarifying provisions relating to property manager background checks was approved and recommended for placement on the Consent Calendar. S.F. 926 is authored by Sen. John Marty (DFL-Roseville).
Members of the public offered additional testimony on both sides of the bill. Two students from Eagan High School, Hy Matz and Amy Oberle, presented Senators with a petition, signed by almost 300 fellow students, expressing opposition to the bill and an increased prevalence of guns in public. Rebecca Thoman, Citizens for a Safer Minnesota, said the Legislature should clarify the existing definition of need for a permit. Thoman noted that about 90 percent of permit applications statewide, and about 84 percent of those in the Metro Area, are granted. The disparity, she said, is in the reason given for denial of the application. Thoman also noted that the city councils of Edina and Bloomington have adopted resolutions opposing the bill. Duluth resident Joan Peterson and Northfield resident Susan Pedersen also testified against the bill. Bill Gillespie said the Minnesota Police and Peace Officers Association membership is against the bill and invited committee members to examine the survey data showing opposition.
Several citizens testifying in support of the measure related their experiences applying for a permit, being denied a permit and attempting to appeal the denial. Rick Campion noted that even former police officers, such as himself, are routinely denied permits. Andy Cers, a resident of south Minneapolis, said he was told he needed to prove a need to protect himself. However, he said, providing the police with crime statistics about his neighborhood was not enough. Cers noted that it is easier to get a permit in suburbs only a few miles to the west, even though the suburbs are significantly safer than his neighborhood. Franz Metzger, a dentist in St. Louis Park, said the judge in his appeal would not certify two former police chiefs as expert witnesses. Ryan Johnson, a Minneapolis police officer, said many police officers believe Minnesota needs a shall-issue law. "Self protection is everyone's need," he said, since the police cannot be everywhere at once and usually respond to situations after the fact.
Panel members also discussed features in the bill, including limits on alcohol consumption, the burden of proof a sheriff must use in denying a permit based on the sheriff's discretion and the lack of a fingerprint requirement for background checks. Senators also discussed data in Bureau of Criminal Apprehension reports, published in 2002 and 2003, on permits issued and crimes committed by permit holders.
Under the bill, permit holders must be at least 21 years old and a U.S. citizen or permanent resident, have completed a permit application, have been trained in the safe use of a firearm and must not be prohibited by national or state law from possessing a firearm. Applicants must pay a $40 fee, under the legislation, and may not be asked for additional information or documentation beyond the requirements. The bill makes it a petty misdemeanor for a person authorized to carry a firearm to do so while knowingly on school property, unless the permit holder is in a motor vehicle or outside of a vehicle while placing or retrieving the firearm from the vehicle. Under the measure, a permit holder must carry the permit card and official identification, such as a driver's license, when carrying the firearm. If requested by a peace officer, the permit holder must display both the permit card and identification, under the bill. S.F. 222 sets out the background check to be conducted by sheriffs on applicants and specifies that a sheriff must issue the permit within 15 days after receiving the application, unless the applicant failed to qualify under the statutory criteria or is dangerous to the public. The bill clarifies that a sheriff may determine an applicant to be dangerous to the public because the applicant has a history of behavioral incidents of unlawful violence, has a condition of mental impairment or is listed in a criminal gang database. The measure prohibits a permit holder from carrying a firearm while impaired and requires permit holder to submit to chemical tests to determine the presence and amount of alcohol or controlled substances. The bill also appropriates $1.9 million in FY 04-05 to the Dept. of Public Safety for implementation of the legislation.
Joe DeSua, an Apple Valley resident, said his recent permit application was rejected. He was told that Apple Valley issued permits only to persons with job-related reasons or victims of crimes in which the criminal was still at large, he said. "I would prefer not to become a victim," DeSua said. Richfield resident Tim Grant said serious, violent crimes are not limited to the inner cities. Grant said his cousin was killed in a 1996 drive-by shooting in Golden Valley that has not been solved and another relative was attacked outside an Edina grocery store last year. Law abiding citizens should be allowed to protect themselves, he said.
Law enforcement representatives raised concerns with the bill. Dennis Delmont, Minnesota Police Association, said proponents of the bill have listened to law enforcement's concerns but have not heeded suggestions. Delmont noted that the bill does not permit private businesses or property owners from prohibiting persons carrying weapons from coming onto their property. He said the bill will also allow persons with repeat drunk driving offenses, persons who falsely portray themselves as police officers and persons with borderline mental illnesses to legally carry firearms. He noted that 8 percent of recent peace officer deaths have been caused with the officer's firearm. Delmont said officers are trained intensively to protect their weapon and use it safely. Bill Gillespie, Police and Peace Officers Association, said police officers undergo a two-month background investigation that can cost several thousand dollars. Private citizens who want to carry a gun in public, he said, should have to undergo the same background check. "There is no way to know, under this bill, who shouldn't have a weapon until its too late," he said. Olmsted County Sheriff Steve Borchardt, representing the State Sheriffs Association, said the bill represents one of the most liberal shall-issue laws in the nation. Borchardt said the legislation can be improved by increasing the limitations on eligibility and increasing the limits on where a permit holder may carry a firearm.
Roger Aronson said the education community does not support any initiative allowing guns in schools, on school property, on school buses or at school activities. "There is nothing in this bill for us," he said. The bill will not make schools safer, Aronson said. Children and parents, he said, are entitled to a gun-free environment when they are attending school or school events. Anne Finn said the League of Minnesota Cities opposes the measure because it infringes on local authority. Cities have confidence in the decisions made by their police chiefs, Finn said. No language in S.F. 222, she said, protects property owners or communities that own public places. Finn said the bill allows firearms to be carried in city halls, public parks and ice arenas, without any provision for a local decision banning guns from those locations. She also urged the panel not to adopt language making cities and businesses responsible for storing weapons if they ban firearms on their property.
Minneapolis Downtown Council President Sam Grabarski said patrons of bars and restaurants and attendees of concerts and sporting events would not feel safer knowing that guns are prevalent. He said event liability insurance has skyrocketed since Sept. 11, 2001, and will likely climb even higher as insurers factor the liability of concealed weapons into premiums. Grabarski said it will become impractical for anyone to sponsor free outdoor events and even sponsors of ticketed events will be severely effected. Testimony against the measure also came from Carol Arthur of the Domestic Abuse Project, emergency room physician Lori Drill-Mellum and Mary Heller of the Million Mom March. Dana Dickson, a Brooklyn Park resident and security specialist, and Father Stan Sledz, chaplain to corrections facilities in Ramsey County, also spoke against the bill.
Pariseau briefly rebutted the testimony against the bill. She said proponents have worked extensively with the law enforcement community to perfect the bill and have addressed many of their concerns. Pariseau said police officers who work the streets know that trained, armed citizens are their friends and allies. However, she said, rank-and-file officers are often prohibited, by their employers, from testifying. Pariseau noted that there is not a single incident of a permit holder committing a gun-related crime in Minnesota. She said the assumption that Minnesotans are less responsible and more violent than residents of other states with shall issue laws is insulting.
Committee Chair Leo Foley (DFL-Coon Rapids) said the panel will question witnesses at its next meeting and is likely to vote on the measure at that hearing as well.
The committee, chaired by Sen. Leo Foley (DFL-Coon Rapids), also approved a bill requiring certification for installers of multipurpose potable water piping systems. Sen. Dallas Sams (DFL-Staples), chief author, said S.F. 318 allows installers of multipurpose water piping systems, such as those used for combination fire sprinkler and household water use, to be licensed by the Dept. of Public Safety. The bill was approved and re-referred to the State and Local Government Operations Committee.
S.F. 375, authored by Committee Chair Leo Foley (DFL-Coon Rapids), clarifies language relating to motor vehicle seizure for the crime of fleeing a peace officer. The measure specifies that seizure of a motor vehicle used to flee a peace officer occurs either at the date at which personal service of process upon the owner is made or at the date when the owner has been notified by certified mail. The measure was approved and recommended for placement on the Consent Calendar.
S.F. 388, also sponsored by Foley, clarifies definitions, standards and procedures for vehicle forfeitures associated with DWI offenses. Foley said the bill was the product of work done by the DWI Task Force. Tammi Fredrickson, Coon Rapids city attorney and member of the task force, said the most major change in the bill is a clarification in the definition of owner. Current law defines owner of a motor vehicle as the registered owner according to state records. The bill, though, provides a broader definition that encompasses the legal right to possess a vehicle and provides a rebuttable presumption that a registered owner is the legal owner. Fredrickson said it is not uncommon for individuals with multiple DWIs to escape forfeiture penalties by purchasing a vehicle, but not registering the vehicle under their own name. The bill was approved and re-referred to the Judiciary Committee.
Members also approved a bill, S.F. 625, sponsored by Sen. Linda Berglin (DFL-Mpls.), requiring the notice of the right to obtain judicial review of DWI-related vehicle forfeiture to be printed in Somali. Berglin said current law requires the notice to be printed in English, Hmong and Spanish. The bill was approved and advanced to the Senate floor.
A bill enhancing the penalty for refusing to submit to a chemical test for DWI was also approved by the panel. S.F. 603, authored by Sen. David Knutson (R-Burnsville), was advanced to the Finance Committee.
Sen. Leo Foley (DFL-Coon Rapids), chief author of S.F. 58 and chair of the committee, said that had the state adopted 0.08 as the per se standard in 1997, over $14 million in federal incentive funds would have been distributed to the state. If the state enacts a 0.08 law this session, he said, the state will be eligible for the last round of incentive payments. Foley said that sanctions are also included in federal law and that if the state does not enact a 0.08 standard by Sept. 30, 2003, 2 percent of federal highway funds, or about $6.64 million, will be withheld.
Major Mike Asleson, State Patrol, said the Dept. of Public Safety has not taken a position on the bill, but that he supports it personally. He cited statistics about alcohol-related accidents, injuries and deaths last year. Asleson also invited committee members to participate in or observe workshops demonstrating the amount of alcohol consumption required for individuals to reach a 0.08 concentration and the level of impairment individuals experience. Dave Petersen, assistant director of the Bureau of Criminal Apprehension's forensic science laboratory, said most literature agrees that 0.08 is a fair standard for unsafe levels of impairment. In 2002, he said, peace officers measured the blood alcohol concentrations of drivers pulled over for exhibiting signs of impaired driving and found that over 92 percent of the drivers had concentrations levels above 0.10 and 97 percent were above 0.08.
Federal law does not provide for a middle ground, said Jean Ryan of the Office of Traffic Safety in the Dept. of Public Safety. She said the per se limit must be reduced to 0.08 and that offenders with concentration levels above 0.08 cannot be treated differently from those over 0.10 for the state to avoid penalties. Lynne Goughler, Mothers Against Drunk Driving (MADD), said other states have been successful in reducing alcohol-related accidents and fatalities by enacting 0.08. She said the standard has a minimal effect on police, courts and prisons because police officers only pull over drivers already exhibiting impaired driving. Goughler said some states with 0.08 standards have actually seen alcohol consumption increase.
Testifying in opposition to the bill was Ken Rockler, representing the Bowling Proprietors Association. He refuted the methods used by studies cited by 0.08 proponents. Rockler said the bill targets social drinkers and will harm private enterprise without saving lives. He said the goal of some proponents, including MADD, is really prohibition and noted that MADD is seeking limits as low as 0.05 in other states. Keith Carlson, Metropolitan Inter County Association, said no one is against cracking down on drunk drivers but that the bill will impose significant burdens on local units of government. The cost to counties may be as much as $6.8 million or more in the first year, he said, and "to assume that we will find the wherewithal to fund this defies imagination." Foley said it was inappropriate to discuss the budgetary impact of the bill in detail, as Carlson did, in a policy committee. However, responded Sen. Dave Kleis (R-St. Cloud), the strongest argument from proponents is financial. It is also important to understand the costs of enacting the bill, Kleis said.
Carlson said the association is not advocating against lowering the limit, but that the state should wait until it absolutely must lower the limit and it can compensate counties for the added costs. Sherry Munyon said the Minnesota Corrections Association does not take issue with the policy behind the bill but also objects to the bill's costs. She said the bill should be held over until the state can fully fund the lower limit. Sen. Wesley Skoglund (DFL-Mpls.) said that since the number of peace officers is finite and many drunk drivers already get away with the crime, it is difficult to understand the arguments that more arrests and convictions will be the result of enacting the lower limit. He said the bill is more likely to change behavior.
Sen. David Knutson (R-Burnsville) said every dime of cost was worth it. "The most important reason to pass 0.08 is purely public safety," he said. Foley said the bill is not the first step towards even lower levels and does not target social drinkers, but is focused on a nationally accepted standard. "We need to follow the states that have jumped over us in an area where we thought were a leader," Foley said. The bill was advanced to the Finance Committee on a voice vote.
Deputy Commissioner Dennis Benson provided a comparison of corrections spending in Wisconsin and Minnesota. The states have similar populations, he said, but Wisconsin's prison population is three times as large as Minnesota's and Wisconsin spending is $980 million a year while Minnesota spends only $455 million annually on corrections. Benson said Minnesota has a unique relationship with its counties that contributes to the savings and the lower prison population. "We really do it right in Minnesota," he said, "which is a tribute to the efforts of the department, its local partners and the Legislature." However, once a state goes in the opposite direction, the system is difficult to unwind, Benson said, as Wisconsin is discovering now.
Benson, Deputy Commissioner Ken Merz and Assistant Commissioner Dan Storkamp reviewed the cuts the department has already made and the proposed cuts. Benson said the department engaged in an $18.4 million per diem reduction plan that involved reducing staff by 200 and adding more than 500 beds in FY 02-03. Last session, the department's base budget was trimmed by $12.8 million for FY 04-05. The governor's reduction plan for FY 04-05 cuts an additional $56.4 million: $17 million from operations, $20.6 million from grants and subsidies, $8.8 million in savings from housing short-term offenders at the local level and $10 million in savings from double bunking prisoners. Benson said it is not prudent to build new facilities, but that the governor's budget recommendation does include bonding authority for an expansion plan at the Faribault facility. The expansion will be necessary, he said, to deal with 1,376 additional prisoners by FY 2007.
Merz said that the programs partially funded by the grants to be cut may continue, but the costs will be borne entirely by the counties administering the programs. Sen. Jane Ranum (DFL-Mpls.) noted that the plan may mean property tax increases or ending the programs. Merz said counties may also choose to pass the costs along to the offenders, if they can pay for it.
Sen. Dave Kleis (R-St. Cloud) said the decision to double bunk inmates at medium- and close-custody facilities is a difficult one, but the other option-more inmates at the local level-is not desirable. Kleis said he didn't support a previous proposal to house inmates serving terms shorter than one year at the local level and that he is uncomfortable with the current proposal, which only affects inmates serving terms shorter than six months. However, the public expects that offenders will be taken off the street, he said, and the state must see to that.
S.F. 239, authored by Sen. Dave Kleis (R-St. Cloud), makes permanent the requirement that DNA samples be collected from all felony offenders. The law requiring the collection of biological specimens was enacted last year and is scheduled to end June 30, Kleis said. He also said more than 8,000 specimens have been collected and that in one month, 7 cases were solved through the use of DNA samples. Kleis said the collection of DNA samples has proven to be cost effective in solving crimes and preventing future crimes by solving cases earlier. In addition, Kleis said Minnesota is likely to get federal funding to provide for outsourcing analysis of samples currently on hand.
Sen. Jane Ranum (DFL-Mpls.) expressed concern about the on-going costs of collecting and storing samples if the requirement is made permanent. She offered an amendment, which was adopted, to continue the collection of DNA samples until June 30, 2005. Kleis said the amendment was a reasonable compromise and supported the motion. The bill was approved on a voice vote.
The second measure, S.F. 136, sponsored by Foley, modifies the crime of first degree murder for child abusers. Currently, the law specifies the crime of first degree murder when the offender has engaged in a past pattern of child abuse upon the victim. The bill expands the crime to include situations in which the past pattern of child abuse was upon any child, not just the victim. The measure was also approved on a voice vote.
S.F. 105, authored by Sen. Richard Cohen (DFL-St. Paul), reestablishes the Crime Victim Ombudsman as an unclassified position and replaces statutory references to the commissioner of public safety with references to the Crime Victim Ombudsman. Cohen explained that the 2002 Legislature abolished the office and transferred the duties to the commissioner of public safety; a reorganization order was then issued transferring the duties to the Ombudsman for Mental Health and Mental Retardation. The bill, Cohen said, simply returns the office to the status it had prior to the 2002 session. "The elimination of the office was a mistake; the Office of Crime Victim Ombudsman needs to remain an independent entity," Cohen said.
Adam Lockhard, deputy ombudsman, said the office is authorized to investigate various complaints made by victims and that to do so effectively, the office must be independent. In addition, Lockhard said that currently, nothing in statute gives the office authority to operate.
Sen. Linda Berglin (DFL-Mpls.) said she has long supported the co-location of various agencies in order to take advantage of economies of equipment and rent, but that the Crime Victim Ombudsman did not belong with the Ombudsman for Mental Health and Mental Retardation. She said the budget for the office has never been a part of the health, human services and corrections budgeting.
The measure was approved and advanced to the Finance Committee.
The committee, chaired by Sen. Leo Foley, approved two additional bills. S.F. 225, authored by Sen. Sharon Marko (DFL-Cottage Grove), authorizes the State Fair Police Department to employ more part-time peace officers. Jerry Hammer, general manager of the State Fair, said that two years ago legislation was enacted that limited the number of part-time peace officers an agency could hire. He said, "For the past two years, the State Fair has applied to the Peace Officers and Standards Training Board for an exemption in order to hire more part-time peace officers." Hammer said the board suggested new legislation creating the authorization for the State Fair. Art Blakely, chief of the State Fair Police Department, said the department must provide for public safety throughout the year and it is much easier to have a cadre of part-time officers from which to draw. The measure was approved and sent to the full Senate.
Members also approved and sent to the Senate floor a bill making changes related to search warrants. S.F. 256, carried by Sen. Mike McGinn (DFL-Eagan), provides that search warrants may be issued to peace officers for searches outside their jurisdiction. The panel amended the bill to ensure notice is given to the local jurisdiction and to specify that notice is not needed for the initial application of a telephonic warrant, though notice must be given as soon as practical.
Steve Huot, director, Sex Offender Chemical Dependency Unit, Dept. of Corrections, guided members through a presentation on level III sex offender residency issues. Huot said about 80 percent of all sex offenders are in the community under supervision. He said registration began in 1991 and as of January 2003, 11,000 sex offenders have registered. The registration is the basis of the community notification process, which began in 1997, Huot said. Community notification applies to any registered offender released from prison, he said.
Huot said the classification of offenders is done at an End of Confinement Review Committee meeting that sets the risk level for the offender; the Dept. of Corrections then sends out information to the appropriate law enforcement agencies. "What we hear most about," Huot said, "are the level III offenders, which trigger the full community notification process." He said there were more than 2,500 offender relocations in 2002 and that there is a housing shortage, particularly for level II and III offenders. He also said most offenders were able to find and maintain employment.
There have been a number of positive outcomes from the community notification process, Huot said. He said after many meetings, law enforcement agencies report increased participation in a variety of other crime prevention programs. In addition, Huot said all parts of the criminal justice system involved with the process became more aware of what their records and actions present, there has been an improvement in communication between and within agencies and there has been greater communication between law enforcement agencies and communities.
Huot also reviewed information relating to the rearrest and reincarceration rates for sex offenders. He said 5 percent of all sex offenders released from 1997 through 1999 were rearrested for a new sex offense by 2002 and about 30 percent were returned to prison during the first 3 years after release, most for technical violations of their conditional release. He also compared the recidivism rate of offenders released in 1992 with those released in 1997, 1998 and 1999. The comparison showed a lower rate of recidivism for those released after the community notification law took effect. He said potential reasons for the decrease were longer supervision periods, improved supervision by fully trained agents, better treatment programs, highest risk offenders being civilly committed and the registration and community notification processes.
Finally, Huot reviewed the data relating to the residential concentration of level III offenders. He said other states have adopted restrictions to limit offender residency near parks, schools, or day care centers, but the restrictions have not been proven to increase public safety and have not yet been test in the courts. According to Huot, proximity restrictions would severely limit already scarce residential options and there is no evidence that proximity to parks or schools has been a factor in reoffending. He also said there is no evidence that a concentration of level III offenders increases the likelihood of reoffending against the general public, but information on Level III offenders negatively affects the perception of safety within a neighborhood. He said the report recommends retaining current offender-by-offender restrictions, retaining public notification, conducting a legislative hearing on housing options and directing the department to continue the interagency work group on housing for offenders.
Members also heard from Eric Knutson, Bureau of Criminal Apprehension, on compliance by offenders with predatory offender registration. He said, currently, about 82 percent of 12,000 offenders are in compliance. Further, Knutson said 95 percent of Level III offenders are in compliance and 90 percent of Level II offenders are in compliance. Knutson said of the 2,000 not in compliance, the largest category did not return the annual registration update card in a timely manner. The second largest category not in compliance was mail returned by the post office. He said the passage of Katie's Law has allowed the department to gain a great deal of compliance information.
Dale Good, Courts, and Reggie David, CriMNet acting executive director, provided a presentation on the status of specific projects within CriMNet. Good said CriMNet is a program to improve public safety in Minnesota by facilitating higher quality decisions at various points in the criminal justice process through better information and integrated business processes. Many individual projects and efforts are funded and managed by different agencies, but they work together toward common CriMNet goals,he said. Good said there are three fundamental program goals that provide direct benefit to public safety-identifying individuals, determining individual's records and determining individual's current status.
Good also said there are two general categories of objectives: those that facilitate making systems person-based resulting from a biometric identification and those that provide for defendant status checks at justice decision points.
David said CriMNet is comprised of multiple projects and effort. The CriMNet team is made up of representatives of the executive branch, the judicial branch and local and county agencies. She outlined the status of the Statewide Supervision System project, the Minnesota Repository of Arrest Photos project and the Predatory Offender Registry. Good also outlined the status of the Minnesota Court Information Systems project.
Sen. Jane Ranum (DFL-Mpls.) and Foley both asked about steps being taken to ensure the accuracy of the data in the CriMNet system. Good said that ultimately they want to be able to link back to biometric data, such as fingerprints.
Joan Fabian, commissioner of corrections, and Dennis Benson, deputy commissioner of corrections, said the rapid increase in prison population has outstripped the facilities' ability to house inmates. Benson said somewhere between March and July the state prison system will be out of beds. Further, he said the department anticipates a need for 800 to 1,000 additional beds for the next biennium.
Benson said Minnesota is one of the few states that house short-term offenders in state facilities. He defined short-term offender as an offender who actually serves less than one year in prison. Currently, on any given day, 800 to 830 short-term felony offenders are housed in state facilities with most having between 5 and 9 months of their sentences to serve. He said placing the short-termers in the state system costs approximately $20 million per year and generates a great deal of paperwork. Benson added, though, that if the short-term offenders are housed at the local level, the governor has said that funding must follow the offenders to avoid overburdening the local jurisdictions.
Benson said the options for expanding bed space include the short-term offender being housed at the local level, increasing multiple occupancy of cells, expanding existing facilities and privatization.
Members also heard from Harley Nelson, acting director, Ramsey County Community Corrections. Ramsey County opposes the shift of responsibility for short-term offenders to the local level because of already overcrowded conditions, he said. Ramsey County Commissioner Victoria Reinhardt said it is estimated that transferring the short-term offenders would mean that the county would have to double the size of the existing facility at a cost of $12 to $15 million and incur additional operating costs of $5 to $7 million that would fall to the property taxpayers.
Sen. Linda Berglin (DFL-Mpls.) said the change in policy is not ideal, but that she has asked for better ideas and none have been forthcoming.
Representatives of the county also explained alternative sentencing options such as sentencing to service and home confinement. In addition, Art Cavara, Ramsey County Corrections, said Ramsey County has been over capacity for two years and the proposed change would result in offenders convicted of more severe crimes housed at the local level.
Keith Carlson, Metropolitan Inter-County Association, also spoke on the implications of the policy change for counties. An overriding concern of counties is that, rather than cutting or eliminating services, the Legislature will instead cut funding, but leave the mandate for the counties to fulfill by increasing the burden on property taxpayers, Carlson said. This proposal doesn't cut costs, it shifts costs to the counties, Carlson said. This will ultimately cost counties $21 million annually, he said. Further, many counties don't have room, Carlson said, with many counties operating over capacity. Carlson said some counties would welcome state prisoners for fair compensation, but only some. Several county sheriffs also spoke about the manner in which their counties were handling the current capacity problem.
Members also heard a variety of concerns from representatives of the state Public Defenders Office and the Minnesota County Attorneys Association.
|
Please direct all
comments concerning issues or legislation to Comments
regarding this site: Questions? Comments?
|