Agenda - Council Work Session - 04/11/2023

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HF100 NINTH ENGROSSMENT REVISOR BD 110100-9 237.1 commissioner may not consider information obtained under paragraph (a), clauses (3) and 237.2 (4), or from any other source that identifies a violation of chapter 152 without determining 237.3 if the offense involved the possession of marijuana or tetrahydrocannabinol and, if so, 237.4 whether the person received a grant of expungement or order of expungement, or the person 237.5 was resentenced to a lesser offense. If the person received a grant of expungement or order 237.6 of expungement, the commissioner may not consider information related to that violation 237.7 but may consider any other relevant information arising out of the same incident. 237.8 (c) The commissioner shall also review criminal case information received according 237.9 to section 245C.04, subdivision 4a, from the Minnesota court information system that relates 237.10 to individuals who have already been studied under this chapter and who remain affiliated 237.11 with the agency that initiated the background study. 237.12 (d) When the commissioner has reasonable cause to believe that the identity of a 237.13 background study subject is uncertain, the commissioner may require the subject to provide 237.14 a set of classifiable fingerprints for purposes of completing a fingerprint -based record check 237.15 with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph 237.16 shall not be saved by the commissioner after they have been used to verify the identity of 237.17 the background study subject against the particular criminal record in question. 237.18 (e) The commissioner may inform the entity that initiated a background study under 237.19 NETStudy 2.0 of the status of processing of the subject's fingerprints. 237.20 Sec. 30. Minnesota Statutes 2022, section 256.01, subdivision 18c, is amended to read: 237.21 Subd. 18c. Drug convictions. (a) The state court administrator shall provide a report 237.22 every six months by electronic means to the commissioner of human services, including 237.23 the name, address, date of birth, and, if available, driver's license or state identification card 237.24 number, date of the sentence, effective date of the sentence, and county in which the 237.25 conviction occurred, of each person convicted of a felony under chapter 152, except for 237.26 convictions under section 152.0263 or 152.0264, during the previous six months. 237.27 (b) The commissioner shall determine whether the individuals who are the subject of 237.28 the data reported under paragraph (a) are receiving public assistance under chapter 256D 237.29 or 256J, and if the an individual is receiving assistance under chapter 256D or 256J, the 237.30 commissioner shall instruct the county to proceed under section 256D.024 or 256J.26, 237.31 whichever is applicable, for this individual. Article 6 Sec. 30. 237