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Public Safety and Criminal Justice Reform Finance and Policy

FIFTIETH MEETING

2021-2022 Regular Session - Tuesday, March 8, 2022

STATE OF MINNESOTA FIFTIETH MEETING
HOUSE OF REPRESENTATIVES NINETY-SECOND SESSION



PUBLIC SAFETY AND CRIMINAL JUSTICE REFORM FINANCE AND POLICY COMMITTEE MINUTES

Representative Mariani, Chair of the Committee on Public Safety and Criminal Justice Reform Finance and Policy, called the virtual meeting to order at 1:00 PM on March 8th, 2022, pursuant to House Rule 10.01. The meeting was broadcast via Zoom and House Public Information Services.

The Committee Legislative Assistant noted the roll.

Members present:
MARIANI, Carlos (Chair)
FRAZIER, Cedrick (Vice Chair)
JOHNSON, Brian (Minority Lead)
EDELSON, Heather
FEIST, Sandra
GROSSELL, Matt
HOLLINS, Athena
HUOT, John
KLEVORN, Ginny
LONG, Jamie
LUCERO, Eric
MUELLER, Patricia
NOVOTNY, Paul
O’NEILL, Marion
PINTO, Dave
POSTON, John
RALEIGH, Donald
VANG, Samantha
XIONG, Jay

Members absent:

A quorum was present.

Representative Frazier moved that the minutes of March 4th, 2022, be approved. THE MOTION PREVAILED.



Representative Hollins introduced HF 3857, A bill for an act
relating to corrections; providing no charge for phone calls for health care by
persons incarcerated in a county jail; amending Minnesota Statutes 2020, section
641.15, subdivision 2.

Chair Mariani called forward HF 3857 for possible inclusion in this committee’s omnibus bill.

Testifying on HF 3857:
• Elliot Butay, NAMI MN.

Chair Mariani moved to layover HF 3857 for possible inclusion in this committee’s omnibus bill.



Representative Koznick introduced HF 3758, A bill for an act
relating to public safety; appropriating money to fund a grant to provide equine
therapy to first responders suffering from trauma and post-traumatic stress disorder;
requiring a report.

Chair Mariani called forward HF 3758 for possible inclusion in this committee’s omnibus bill.

Representative Johnson moved to amend HF 3758 A1 Amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on HF 3758 as amended:
• Sally Mixon, Abijah’s on the Backside.
• Dani Palmer, Abijah’s on the Backside.

Chair Mariani moved to layover HF 3758 as amended for possible inclusion in this committee’s omnibus bill.



Representative Long introduced HF 4026, A bill for an act
relating to labor; modifying timeline for duty disability determinations; requiring
treatment as part of workers' compensation benefits; requiring preservice and
in-service wellness training for peace officers and firefighters; appropriating money;
amending Minnesota Statutes 2020, sections 176.101, by adding subdivisions;
299A.465, subdivision 4; 353.031, subdivision 1; proposing coding for new law
in Minnesota Statutes, chapter 626.

Chair Mariani called forward HF 4026 for possible inclusion in this committee’s omnibus bill.



Testifying on HF 4026:
• D. Love, Mayor of Centerville, League of Minnesota Cities President.
• Jenny Max, Nisswa City Administrator, League of Minnesota Cities Second Vice President.
• John Swenson, Lino Lakes Public Safety Director, on behalf of the Minnesota Chiefs of Police Association.
• Lindsey Rowland, Meuser, Yackley & Rowland, P.A., Member of the Minnesota Association for Justice.
• Joel Carlson, Member of the Minnesota Association for Justice.
• Chris Steward, Heroes Helping Heroes.
• Edward Reynoso, Director of Political and Legislative Affairs Teamsters Local #320.

Chair Mariani moved to layover HF 4026 for possible inclusion in this committee’s omnibus bill.

The meeting recessed at 2:32 PM.

The meeting reconvened at 6:00 PM.


Representative Hollins introduced HF 3856, A bill for an act
relating to public safety; presuming departure from the Sentencing Guidelines for
certain offenders who have been the victim of domestic abuse, sexual assault, or
sex trafficking; providing for resentencing for certain offenders who have been
the victim of domestic abuse, sexual assault, or sex trafficking; proposing coding
for new law in Minnesota Statutes, chapter 609.

Representative Hollins moved to refer HF 3856 to the committee on Judiciary Finance and Civil Law.

Testifying on HF 3856
• Katie Kramer, Violence Free MN
• JaneAnne Murray, Director of the University of Minnesota Law School Clemency Project
• Kendra Saathoff, 3L, University of Minnesota Law school
• Nicole Matthews, MN Indian Women’s Sexual Assault Coalition

Representative Hollins renewed her motion to refer HF 3856 to the committee on Judiciary Finance and Civil Law.

Chair Mariani requested a roll call.

AYES
Mariani
Frazier
Edelson
Feist
Hollins
Huot
Klevorn
Long
Pinto
Vang
Xiong

NAYS
Johnson
Grossell
Long
Lucero
Mueller
Novotny
O’Neill
Raleigh

There being 11 ayes, and 8 nays. THE MOTION PREVAILED



Representative Moller introduced HF 3308, A bill for an act
relating to corrections; combining Advisory Council on Interstate Adult Supervision
with Interstate Commission for Juveniles; amending Minnesota Statutes 2020,
sections 243.1606; 260.515.

Representative Frazier moved to refer HF 3308 to the general register.

Representative Frazier moved to amend HF 3308 A1 amendment. THE MOTION PREVAILED THE AMENDMENT WAS ADOPTED

Oral amendment moved by Representative Frazier. Delete "Interstate Commission for Juveniles" and insert "State Advisory Council for the Interstate Compact for Juveniles,” “Page 2, line 26.” THE ORAL AMENDMENT WAS INCORPORATED.

Testifying on HF 3308:
• Tracy Hudrlik, Deputy Compact Administrator, Minnesota Department of Corrections.

Representative Frazier renewed his motioned to refer HF 3308 as amended to the General Register.

Chair Mariani requested a roll call.

AYES
Mariani
Frazier
Johnson
Edelson
Feist
Grossell
Hollins
Huot
Klevorn
Long
Lucero
Mueller
Novotny
O’Neill
Pinto
Poston
Raleigh
Vang
Xiong

NAYS


There being 19 ayes, and 0 nays. THE MOTION PREVAILED.




Representative Gomez introduced HF 1355, A bill for an act
relating to public safety; modifying definition of small amount of marijuana;
modifying possession of small amounts of marijuana law; prohibiting weight of
fluids used in water pipes from being used to determine weight of marijuana
mixtures; authorizing expungement of records in certain instances; ending driver's
license revocations for persons who commit low-level marijuana offenses;
amending Minnesota Statutes 2020, sections 152.01, subdivisions 9a, 16, 18, by
adding subdivisions; 152.021, subdivision 2; 152.022, subdivision 2; 152.023,
subdivision 2; 152.025, subdivision 4; 152.027, subdivision 4; 152.0271; 152.096,
subdivision 1; 152.18, subdivision 3; 260B.198, subdivision 1; 609.165,
subdivisions 1a, 1b.


Representative Frazier moved to refer HF 1355 to the committee on Transportation Finance and Policy.

Representative Frazier moved to amend HF 1355 DE1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.


Testifying on HF 1355 as amended:
• Andrew Schmitz, Chair, Republican Liberty Caucus of Minnesota.
• Thomas Gallagher, Minnesota NORML Board Member and Criminal Defense Attorney.
• Ryan Hamilton, Government Relations Associate, Minnesota Catholic Conference.


Representative Frazier renewed his motion to refer HF 1355 as amended to the committee on Transportation Finance and Policy.

Chair Mariani requested a roll call.

AYES
Mariani
Frazier
Edelson
Feist
Hollins
Huot
Klevorn
Long
Mueller
Pinto
Vang
Xiong

NAYS
Johnson
Grossell
Novotny
O’Neill
Poston
Raleigh

ABSTAIN
Lucero


There being 12 ayes, 6 nays, and 1 abstain, THE MOTION PREVAILED.


Representative Gomez introduced HF 883, A bill for an act
relating to crime; modifying the definition of drug paraphernalia; amending
Minnesota Statutes 2020, section 152.01, subdivision 18.

Chair Mariani called forward HF 883 for possible inclusion in this committee’s omnibus bill.

Representative Frazier moved to amend HF 883 DE1 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on HF 883 as amended:
• Maren Schroeder, Policy Director of Sensible Change Minnesota.


Chair Mariani moved to layover HF 883 as amended for possible inclusion in this committee’s omnibus bill.



Representative Feist introduced HF 4078, A bill for an act
relating to public safety; amending definitions of labor trafficking; establishing
enhanced penalties for labor trafficking when the trafficking occurs over an
extended period of time or when a victim dies or suffers great bodily harm; making
conforming changes related to the statewide human trafficking assessment;
amending Minnesota Statutes 2020, sections 299A.78, subdivision 1; 299A.79,
subdivision 3; 609.281, subdivisions 3, 4, 5; 609.282, subdivision 1, by adding a
subdivision; repealing Minnesota Statutes 2020, section 609.281, subdivision 2.

Chair Mariani called forward HF 4078 for possible inclusion in this committee’s omnibus bill.

Testifying on HF 4078:
• Susan B. Crumb, Senior Assistant Hennepin County Attorney
• Madeline Lohman, Senior Researcher, The Advocates for Human Rights

Chair Mariani moved to layover HF 4078 for possible inclusion in this committee’s omnibus bill.



Representative Pinto introduced HF 3785, A bill for an act
relating to public safety; establishing standards for peace officer physical strength
and agility examinations administered to applicants; providing for reimbursement
of peace officer applicant screening exams; providing for rulemaking; appropriating
money; amending Minnesota Statutes 2020, section 626.843, by adding a
subdivision.

Chair Mariani called forward HF 3785 for possible inclusion in this committee’s omnibus bill.

Representative Pinto moved to amend HF 3785 A1 Amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED

Testifying on HF 3785 as amended:
• Laura Kushner, League of MN Cities.
• Capt. Wayne Wegener, Mendota Heights Police Department.

Chair Mariani moved to layover HF 3785 for possible inclusion in this committee’s omnibus bill.



Representative Edelson introduced HF 2725, A bill for an act
relating to judiciary; establishing a statutory procedure to assess the competency
of a defendant to stand trial; providing for contested hearings; establishing
continuing supervision for certain defendants found incompetent to stand trial;
establishing requirements to restore certain defendants to competency; providing
for jail-based competency restoration programs; establishing forensic navigators;
requiring forensic navigators to provide services to certain defendants; establishing
dismissal plans for certain defendants found incompetent to stand trial; establishing
a planning and implementation committee; appropriating money; amending
Minnesota Statutes 2020, sections 253B.07, subdivision 2a; 253B.10, subdivision
1; 480.182; proposing coding for new law in Minnesota Statutes, chapter 611.

Representative Edelson moved to refer HF 2725 to the committee on Human Services Finance and Policy.

Testifying on HF 2725:
• Sue Abderholden, NAMI.
• Bob Small, County Attorney Association.
• Commissioner Tarryl Clark from Stearns County on behalf of the Minnesota Association of County Social Service Administrators (MACSSA) and Association of Minnesota Counties (AMC).
• William Ward, Minnesota Board of Public Defense.

Representative Edelson renewed her motion to refer HF 2725 to the committee on Human Services Finance and Policy

Chair Mariani requested a vote on HF 2725:

AYES
Mariani
Frazier
Johnson
Edelson
Feist
Grossell
Hollins
Huot
Klevorn
Long
Lucero
Mueller
Novotny
O’Neill
Pinto
Poston
Raleigh
Vang
Xiong

NAYS


There being 19 ayes, and 0 nays. THE MOTION PREVAILED



Representative Urdahl introduced HF 2970, A bill for an act
relating to corrections; providing reimbursement of certain transportation expenses
incurred by counties under the Interstate Compact for Adult Supervision; proposing
coding for new law in Minnesota Statutes, chapter 243.

Chair Mariani called forward HF 2970 for possible inclusion in this committee’s omnibus bill.

Testifying on HF 2970
• Brian Cruze, Meeker County Sheriff.
• Paul Schnell, DOC Commissioner.

Chair Mariani moved to layover HF 2970 for possible inclusion in this committee’s omnibus bill.

The meeting adjourned at 9:18 PM





_____________________________________________
Representative Mariani, Chair


_____________________________________________
Abdullahi Abdullahi, Committee Legislative Assistant


More Info On This Meeting..
Bills Added:
  • HF883 (Gomez) - Drug paraphernalia definition modified.
  • HF1355 (Gomez) - Marijuana small amount definition modified, possession of small amount of marijuana law modified, weight of fluids used in water pipes prohibited from being used to determine weight of marijuana mixtures, expungement of records authorized in certain instances, affirmative defense provided, driver's license revocations ended for persons who commit low-level marijuana offenses, and money appropriated.
  • HF2725 (Edelson) - Statutory procedure established to assess the competency of a defendant to stand trial, providing for contested hearings, continuing supervision established for defendants found incompetent to stand trial, requirements established to restore defendants to competency, providing for the administration of medication, forensic navigators established, forensic navigators required to provide services to defendants, dismissal plans established for defendants found incompetent to stand trial, providing for jail-based competency restoration programs, State Competency Restoration Board and certification advisory committee established, mental health provisions created and modified, temporary medical permits created, report required, and money appropriated.
  • HF883 (Gomez) - Drug paraphernalia definition modified.
  • HF1355 (Gomez) - Marijuana small amount definition modified, possession of small amount of marijuana law modified, weight of fluids used in water pipes prohibited from being used to determine weight of marijuana mixtures, expungement of records authorized in certain instances, affirmative defense provided, driver's license revocations ended for persons who commit low-level marijuana offenses, and money appropriated.
  • HF2970 (Urdahl) - Interstate Compact for Adult Supervision county transportation expense reimbursement provided.
  • HF3308 (Moller) - Advisory Council on Interstate Adult Supervision combined with Interstate Commission for Juveniles.
  • HF3785 (Pinto) - Peace officer applicant physical strength and agility examination standards established, peace officer applicant screening exam reimbursement provided, rulemaking provided, and money appropriated.
  • HF3856 (Hollins) - Sentencing Guidelines departure presumed for offenders who have been the victim of domestic abuse, sexual assault, or sex trafficking; and resentencing provided for offenders who have been the victim of domestic abuse, sexual assault, or sex trafficking.
  • HF3758 (Koznick) - Equine therapy provided for first responders, and money appropriated.
  • HF3857 (Hollins) - Persons incarcerated in county jails provided no charge phone calls for health care.
  • HF4078 (Feist) - Labor trafficking definitions amended, enhanced penalties established for labor trafficking when the trafficking occurs over an extended period of time or when a victim dies or suffers great bodily harm, and conforming changes made related to the statewide human trafficking assessment.
  • HF4026 (Long) - Duty disability determination timeline modified, treatment required as park of workers' compensation benefits required, peace officer and firefighter preservice and in-service wellness training required, and money appropriated.
Documents:
House TV Video:
View Archive

* The committee is expected to recess and reconvene at 6 p.m.
Mental Health in Public Safety Day.
04:00 - HF3857 (Hollins) Persons incarcerated in county jails provided no charge phone calls for health care.
20:07 - HF3758 (Koznick) Equine therapy provided for first responders, and money appropriated.
47:09 - HF4026 (Long) Modifying timeline for duty disability determinations; requiring treatment as part of workers' compensation benefits; requiring preservice and in-service wellness training for peace officers and firefighters.
The committee recessed.
Runs 1 hour, 33 minutes.

House TV Video:
View Archive

HF3856 (Hollins) Sentencing Guidelines departure presumed for offenders who have been the victim of domestic abuse, sexual assault, or sex trafficking; and resentencing provided for offenders who have been the victim of domestic abuse, sexual assault, or sex trafficking.
27:24 - HF3308 (Moller) Advisory Council on Interstate Adult Supervision combined with Interstate Commission for Juveniles.
40:36 - HF1355 (Gomez) Marijuana amount definition modified, marijuana law small amount possession modified, water pipe weight of fluid prohibited from being used to determine marijuana weight mixture, record expungement authorized, and driver's license revocation ended for low-level marijuana offenses.
1:29:25 - HF883 (Gomez) Drug paraphernalia definition modified.
1:38:06 - HF4078 (Feist) Labor trafficking definitions amended, enhanced penalties established for labor trafficking when the trafficking occurs over an extended period of time or when a victim dies or suffers great bodily harm, and conforming changes made related to the statewide human trafficking assessment.
2:06:26 - HF3785 (Pinto) Peace officer applicant physical strength and agility examination standards established, peace officer applicant screening exam reimbursement provided, rulemaking provided, and money appropriated.
2:25:48 - HF2725 (Edelson) Competency provisions established relating to trial and other programs; and money appropriated.
3:00:53 - HF2970 (Urdahl) Interstate Compact for Adult Supervision county transportation expense reimbursement provided.
Runs 3 hours, 18 minutes.


Mental Health in Public Safety Day

I. HF 4026 (Long) Public Safety Related PTSD Reform
II. HF 3857 (Hollins) Persons incarcerated in county jails provided no charge phone calls for health care.
III. HF 3758 (Koznick) Equine therapy provided for first responders, and money appropriated.

EVENING HEARING [6:00pm – 10:00pm]
*IV. HF 3856 (Hollins) Sentencing Guidelines departure presumed for offenders who have been the victim of domestic abuse, sexual assault, or sex trafficking; and resentencing provided for offenders who have been the victim of domestic abuse, sexual assault, or sex trafficking.
V. HF 3308 (Moller) Advisory Council on Interstate Adult Supervision combined with Interstate Commission for Juveniles.
VI. HF 1355 (Gomez) Marijuana amount definition modified, marijuana law small amount possession modified, water pipe weight of fluid prohibited from being used to determine marijuana weight mixture, record expungement authorized, and driver's license revocation ended for low-level marijuana offenses.
VII. HF 883 (Gomez) Drug paraphernalia definition modified.
VIII. HF 4078 (Feist) Human Trafficking Statutes Clarified
IX. HF 3785 (Pinto) Peace officer applicant physical strength and agility examination standards established, peace officer applicant screening exam reimbursement provided, rulemaking provided, and money appropriated.
X. HF 2725 (Edelson) Competency provisions established relating to trial and other programs; and money appropriated.
XI. HF 2970 (Urdahl) Interstate Compact for Adult Supervision county transportation expense reimbursement provided.

*Testimony for this bill was taken at a previous hearing.

**This remote hearing may be viewed via the House webcast schedule page: https://www.house.leg.state.mn.us/htv/schedule.asp. Remote hearings are taking place pursuant to Rule 10.01, which you may view here: https://www.house.leg.state.mn.us/cco/rules/permrule/permrule.asp.

***If you are interested in testifying before the committee, or are providing written testimony or a handout, please email the Committee Administrator at least 24 hours before the hearing time to get instructions.

CA: Jamael.Lundy@house.mn

****Any meeting documents will be posted on the House Public Safety and Criminal Justice Reform committee website at https://www.house.leg.state.mn.us/Committees/Home/92023

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