Rep. Melissa Hortman (HD36B) Update: February 17, 2020

Dear Neighbors,

At the State Capitol, 2019 was our main budget year, and 2020 is the year we will look at making investments in our capital infrastructure. This email update contains our last budget recap, looking at the budget bills signed into law in 2019. Today, we will take a closer look at the Public Safety and Judiciary Budget.

The 2020 Legislative Session started on February 11th — stay tuned for more information on the top issues that will likely be discussed at the State Capitol this year!


Public Safety & Judiciary Budget

Despite significant differences between the House and Senate, we worked together on a bipartisan compromise to fund our public safety and judiciary system.

The House worked to lift up the voices of victims and survivors of sexual assault and gender-based violence, and were successful in including a number of provisions in the budget to provide justice for victims. Unfortunately, the Senate blocked overdue updates to Minnesota’s sexual harassment law. All Minnesotans deserve workplaces and communities free from sexual harassment and discrimination, and the Minnesota House DFL is working to make that a reality.

Despite strong public support, Republicans in the Minnesota Senate prevented common-sense gun violence prevention measures from being signed into law. “Red flag” laws and criminal background checks for all firearm purchases are two measures currently saving lives in other states, and the House will continue to advocate for these to become law in Minnesota as well.

Tragically, two corrections officers lost their lives in Minnesota prisons in 2018. The Public Safety and Judiciary Budget funds new correctional officer positions over the next four years to increase safety for staff and offenders alike, and reestablishes the position of ombudsman within the Department of Corrections.

Minnesota has three distinct branches of government. For this constitutional system of government to function as intended, an autonomous, independent judiciary is necessary. Our enacted budget properly funds our courts, including making new investments in public defenders, guardians ad litem, and civil legal services.

In the end, the public safety budget was a bipartisan compromise. There’s more work to do to address our nation’s epidemic of gun violence and make sure all of our communities are safe and inclusive.

Here are some of the highlights:

Standalone Bills

Repealing the “Marital Rape” Exemption: This repealed the marital rape exception, also known as the voluntary relationship defense, which makes it impossible to prosecute people for rape under certain circumstances if the victim was married to the rapist. The bill passed the House unanimously in February, but didn’t pass in the Senate until late April.

This law was championed through the entire legislative process by Jenny Teeson. During her divorce, Teeson discovered footage showing that her ex-husband had drugged and sexually assaulted her while they were married. Unknown to her, Minnesota had an antiquated statute that allowed those charged with sexually assaulting their partner or spouse to use the “voluntary relationship” as a legal defense. The new law eliminates the defense to bring justice to victims.

Criminal Sexual Conduct (CSC) bills: A number of bill related to criminal sexual conduct were enacted, including legislation that eliminated the nonconsensual buttocks touching exemption; legislation clarifying crimes of harassment and stalking; and clarifying what constitutes CSC in the first degree.

Bills included in Public Safety budget:

Creation of Criminal Sexual Conduct (CSC) Statutory Reform Working Group:This arose after the Star Tribune’s investigation into Minnesota’s criminal justice system failing victims of sexual assault. This provision directs the Department of Public Safety (DPS) to convene a working group to recommend statutory changes to Minnesota’s CSC laws.

Missing & Murdered Indigenous Women Task Force: A new task force will advise the Department of Public Safety (DPS) and report to the Legislature on ways to reduce and end violence against indigenous women and girls in Minnesota. The report must: 1) describe policies and practices that are effective for increasing safety for indigenous women and girls; and 2) make recommendations for improvements in Minnesota. The task force has 23 members, including two members each from the House and Senate, various law enforcement officials, and a representative from each of Minnesota’s 11 tribes.

Re-establishing the Ombudsperson for Corrections: The office of ombudsman for the Department of Corrections (DOC) was created in 1972, and in the 2003 Special Session the Legislature eliminated the office. This provision re-establishes the ombudsperson for DOC while delineating specific powers granted, including subpoena power, the right to access agency data and information, and the authority to file suit to invoke its powers. It also defines the scope of investigations and authorizes the ombudsperson to investigate complaints from jails and detention facilities.

Expanding Positions of Authority in CSC Statutes: This provision expands the definition of “position of authority” in the CSC statutes. Beyond an adult being charged, currently, with authority over a victim, it would include an adult who was recently, i.e., within the past 120 days, charged with authority over a victim. Further, it extends the definition to include to cases where an adult “assumes” authority over a victim.

School Safety Centers: The Minnesota School Safety Center (MSSC), with a staff of three people, conducts hundreds of school safety trainings for educators and school resource officers in districts across Minnesota. They provide facility security assessments, emergency plan reviews, active shooter/violent intruder response procedures, school resource officer training, threat assessments, and program information briefings to school officials and local law enforcement. Staff are consultants and advisors, not regulators. $500,000 was appropriated for additional MSSC staff members to meet this growing need.

Telecommunicators to Provide CPR Instruction: Training is established for 911 telecommunicators to either provide direction on performing CPR or transfer certain emergency calls to a public safety answering point with telecommunicators who have received CPR training. This provision defines minimum CPR training requirements and requires the Statewide Emergency Communications Board to adopt protocols to monitor and enforce new requirements.

Extending the Nonprofit Security Grant Program: This provision extends a state program enacted in 2017 by appropriating supplemental grants offered by the Federal Emergency Management Agency (FEMA). The grants will be used to promote target hardening and other physical security enhancements to nonprofit organizations that are at high risk of terrorist attack, including many religious organizations.

Budget Funding:

  • Funded public defender salary increases— $6 million each biennium for new public defender attorneys and support staff.
  • Funding for one new judge unit in the 7th Judicial District.
  • Increased Supreme Court, Court of Appeals, and District Court employee and judge salaries by 2.5% each year.
  • Increased funding for Civil Legal Services by $1 million each year in each biennium.
  • $8 million in new funding each biennium for Guardian ad Litem, which will result in approximately 40 new staff.
  • Fully funded Civic Engagement at the Dept. of Human Rights, which is currently funded by a federal grant and is set to expire.
  • $5.9 million in each FY20-21 and FY22-23 for Peace Officer Standards and Training (POST) Board training reimbursements.
  • $7.6 million in funding for new correctional officers in FY20-21 and $11.1 million in FY22-23.
  • Funding for offender health care contract in the Dept. of Corrections – $5.3 million in FY20-21 and $6.5 million in FY22-23.

Here are some measures that did not become law:

Gun violence prevention: It was a priority for the House to take action to prevent senseless gun violence in this state. As gun violence continues to be a problem across the country, the House passed two common-sense solutions, including criminal background checks on all gun sales and extreme risk protection orders to keep guns out of the hands of people who shouldn’t have them. The Senate refused to agree to enact these measures into law.

Sexual harassment reform: Sexual harassment is an issue across the state and in workplaces of all kinds, and all Minnesotans deserve workplaces free from harassment and discrimination. The House offered legislation to provide a day in court to those who are sexually harassed. The bill passed by a wide margin in the House, but did not advance in the Senate.

Probation reform: Two bills, supported by the County Attorneys, Public Defenders, criminal defense lawyers, the Dept. of Corrections, and Americans for Prosperity (a conservative political organization, did not become law because the Republican-led Senate blocked their progress. In 2017, Minnesota had more than 105,000 people on probation, many for non-violent crimes, who are now serving 25, 30, or 40-year probation sentences. While Minnesota has the fifth lowest incarceration rate in the nation, we have the fifth-highest community supervision rate. One proposed reform measure would have set the maximum probation term for all felony offenses at five years, creating an exception that permits the maximum length of probation to be the same as the maximum length of imprisonment for murder in the first, second, and third degrees, and for all sexual violence offenses. While these measures passed the House, they stalled in the Senate.

Decriminalization of poverty: Two bills also received broad support from groups such as Voices for Racial Justice, Catholic Charities, Joint Religious Legislative Coalition, Lutheran Social Services, ACLU of MN, and the Second Chance Coalition. Under current law, Minnesota courts must impose a $75 surcharge on most convictions in the state, which drives the cost of a basic traffic ticket to about $130. Judges have discretion over most fines and fees but are prohibited by law from reducing the surcharge, even in cases of severe financial hardship. Clients eligible for a Public Defender have a greater-than 50% default rate on the surcharge, leading to a collections process that is costly both for individuals and the state. One provision would have given the court discretion to reduce or waive the $75 surcharge or offer a community service alternative in cases of financial hardship.

Under current law, a person’s driver’s license is suspended when the person fails to appear for a traffic citation, fails to pay a fine following a traffic violation, or is convicted of driving after suspension or revocation. About 55,000 Minnesota driver’s licenses are suspended — not for dangerous driving violations — but merely for unpaid traffic tickets. One provision would have prevented driver’s license suspensions when the only violation is: 1) the operation or parking of motor vehicles; 2) a fine or surcharge; or 3) refusal or failure to comply with a sentence or pay a surcharge.

Under current law, a person charged with a crime may be released with or without bail. A person may be released: 1) on their personal recognizance, i.e., without bail or any other conditions; 2) with certain conditions, which, per the Minnesota Constitution, requires the court to set an alternative bail; or 3) by posting bail. When a person is charged with a misdemeanor other than domestic assault or certain driving while impaired violations, this provision would have required the court to release them on the person’s own personal recognizance unless the court determines that there is a substantial likelihood that the person will not appear at future court appearances.

Cannabis: Many Minnesotans asked for changes to cannabis laws, and the House Public Safety Committee heard their concerns. A provision would have created a Cannabis Task Force to advise the Legislature on legal and policy issues associated with the legalization and regulation of cannabis production and sales. Under current Minnesota law, a person is guilty of controlled substance crime in the fifth degree if the person sells one or more mixtures containing marijuana or THC, except a small amount of marijuana for no pay. If passed by the Senate, we would have decriminalized the current fifth degree crime of sale of one or more mixtures of marijuana or THC. Further, we would have established graduated penalties for low-level cannabis offenses, keeping nearly 500 Minnesotans out of prison each year.

Juvenile justice: One bill would have established and required the use of guidelines when courts consider the detention and restraint of juveniles. The use of restraints would have been prohibited while a defendant appears in court except when the use of restraints is necessary to prevent physical harm or prevent the juvenile from fleeing, or there are no less restrictive alternatives. Further, it would have allowed authorized peace officers to find alternatives to arresting juveniles. Another bill would have abolished life sentences without the possibility of release for offenders who are under 18 at the time they commit an offense who have been certified or designated as extended jurisdiction juveniles. The offenders would have, instead, served 25 years before being considered for release.

There’s a lot more work to do on criminal justice reforms, and we are hoping Minnesota’s Republicans will join with Republicans in state legislatures around the country and at the national level in supporting the modernization of criminal law.


As always, please contact me anytime with your input. I appreciate hearing from you! You can reach me at 651-296-4280 or rep.melissa.hortman@house.mn. You can also keep up with what’s happening at the Capitol by liking my legislative Facebook page. Thank you.

Sincerely,

Melissa Hortman