Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 1-10100-9 209.1 Subd. 4. Access to records. The Cannabis Expungement Board shall have free access 209.2 to records, including but not limited to all matters, files, documents, and papers incident to 209.3 the arrest, indictment, information, trial, appeal, or dismissal and discharge that relate to a 209.4 charge and conviction or stay of adjudication for possession of a controlled substance held 209.5 by law enforcement agencies, prosecuting authorities, and court administrators. The Cannabis 209.6 Expungement Board may issue subpoenas for and compel the production of books, records, 209.E accounts, documents, and papers. If any person fails or refuses to produce any books, records, 209.8 accounts, documents, or papers material in the matter under consideration after having been 209.9 lawfully required by order or subpoena, any judge of the district court in any county of the 209.10 state where the order or subpoena was made returnable, on application of the commissioner 209.11 of management and budget or commissioner of administration, as the case may be, shall 209.12 compel obedience or punish disobedience as for contempt, as in the case of disobedience 209.13 of a similar order or subpoena issued by such court. 209.14 Subd. 5. Meetings; anonymous identifier. (a) The Cannabis Expungement Board shall 209.15 hold meetings at least monthly and shall hold a meeting whenever the board takes formal 209.16 action on a review of a conviction or stay of adjudication for an offense involving the 209.17 possession of marijuana or tetrahydrocannabinols. All board meetings shall be open to the 209.18 public and subject to chapter 13D. 209.19 (b) Any victim of a crime being reviewed and any law enforcement agency may submit 209.2o an oral or written statement at the meeting, giving a recommendation on whether a person's 209.21 record should be expunged or the person should be resentenced to a lesser offense. The 209.22 board must consider the victim's and the law enforcement agency's statement when making 209.23 the board's decision. 209.24 (c) Section 13D.05 governs the board's treatment of not public data, as defined by section 209.25 13.02, subdivision 8a, discussed at open meetings of the board. Notwithstanding section 209.26 13.03, subdivision 11, the board shall assign an anonymous, unique identifier to each victim 209.27 of a crime and person whose conviction or stay of adjudication the board reviews. The 209.28 identifier shall be used in any discussion in a meeting open to the public and on any records 209.29 available to the public to protect the identity of the person whose records are being 209.30 considered. 209.31 Subd. 6. Review and determination. (a) The Cannabis Expungement Board shall review 209.32 all available records to determine whether the conviction or stay of adjudication is eligible 209.33 for an expungement or resentencing to a lesser offense. An expungement under this section 209.34 is presumed to be in the public interest unless there is clear and convincing evidence that 209.35 an expungement or resentencing to a lesser offense would create a risk to public safety. Article 5 Sec. 5. 209