1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to crime; creating Task Force on Mandatory Minimum Sentences. |
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3 | 3 | | 1.3BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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4 | 4 | | 1.4 Section 1. TASK FORCE ON MANDATORY MINIMUM SENTENCES. |
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5 | 5 | | 1.5 Subdivision 1.Definition.As used in this section, "mandatory minimum" refers to |
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6 | 6 | | 1.6legislatively defined, predetermined sentencing requirements, including but not limited to |
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7 | 7 | | 1.7sentencing requirements under Minnesota Statutes, sections 152.021, 152.022, and 609.11, |
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8 | 8 | | 1.8that mandate a minimum period of commitment to the commissioner of corrections upon |
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9 | 9 | | 1.9conviction for certain offenses. |
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10 | 10 | | 1.10 Subd. 2.Establishment.The Task Force on Mandatory Minimum Sentences is |
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11 | 11 | | 1.11established to collect and analyze data on the charging, convicting, and sentencing of persons |
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12 | 12 | | 1.12to mandatory minimum sentences; assess whether current laws and practices promote public |
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13 | 13 | | 1.13safety and equity in sentencing; and make recommendations to the legislature. |
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14 | 14 | | 1.14 Subd. 3.Membership.(a) The task force consists of the following members: |
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15 | 15 | | 1.15 (1) the commissioner of corrections, or a designee; |
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16 | 16 | | 1.16 (2) the executive director of the Minnesota Sentencing Guidelines Commission, or a |
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17 | 17 | | 1.17designee; |
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18 | 18 | | 1.18 (3) the state public defender, or a designee; |
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19 | 19 | | 1.19 (4) the statewide coordinator of the Violent Crime Coordinating Council, or a designee; |
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20 | 20 | | 1.20 (5) one defense attorney, appointed by the Minnesota Association of Criminal Defense |
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21 | 21 | | 1.21Lawyers; |
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22 | 22 | | 1Section 1. |
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36 | | - | 2.4 (7) a peace officer familiar with shooting investigations, appointed by the Minnesota |
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37 | | - | 2.5Sheriffs' Association; |
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38 | | - | 2.6 (8) a peace officer familiar with shooting investigations, appointed by the Minnesota |
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39 | | - | 2.7Chiefs of Police Association; |
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40 | | - | 2.8 (9) one member representing a victims' rights organization, appointed by the senate |
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41 | | - | 2.9majority leader; |
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42 | | - | 2.10 (10) one member of a statewide civil rights organization, appointed by the speaker of |
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43 | | - | 2.11the house of representatives; |
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44 | | - | 2.12 (11) one impacted person who is directly related to a person who has been convicted of |
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45 | | - | 2.13a mandatory minimum sentence or who has themselves been convicted of a mandatory |
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46 | | - | 2.14minimum sentence and has completed the sentence, appointed by the governor; and |
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47 | | - | 2.15 (12) one person with academic expertise regarding the laws and practices of other states |
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48 | | - | 2.16relating to mandatory minimum sentences, appointed by the governor. |
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49 | | - | 2.17 (b) Appointments must be made no later than July 30, 2025. |
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50 | | - | 2.18 (c) Members shall serve without compensation. |
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51 | | - | 2.19 (d) Members of the task force serve at the pleasure of the appointing authority or until |
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52 | | - | 2.20the task force expires. Vacancies shall be filled by the appointing authority consistent with |
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53 | | - | 2.21the qualifications of the vacating member required by this subdivision. |
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54 | | - | 2.22 Subd. 4.Officers; meetings.(a) The task force shall elect a chair and vice-chair and |
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55 | | - | 2.23may elect other officers as necessary. |
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56 | | - | 2.24 (b) The commissioner of corrections shall convene the first meeting of the task force no |
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57 | | - | 2.25later than August 1, 2025, and shall provide meeting space and administrative assistance |
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58 | | - | 2.26as necessary for the task force to conduct its work. |
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59 | | - | 2.27 (c) The task force shall meet at least monthly or upon the call of its chair. The task force |
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60 | | - | 2.28shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings |
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61 | | - | 2.29of the task force are subject to Minnesota Statutes, chapter 13D. |
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62 | | - | 2.30 (d) To compile and analyze data, the task force shall request the cooperation and |
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63 | | - | 2.31assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines |
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64 | | - | 2.32Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys, |
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| 33 | + | 2.4 (7) a peace officer familiar with shooting investigations, appointed jointly by the |
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| 34 | + | 2.5Minnesota Sheriffs' Association and the Minnesota Chiefs of Police Association; |
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| 35 | + | 2.6 (8) one member representing a victims' rights organization, appointed by the senate |
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| 36 | + | 2.7majority leader; |
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| 37 | + | 2.8 (9) one member of a statewide civil rights organization, appointed by the speaker of the |
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| 38 | + | 2.9house of representatives; |
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| 39 | + | 2.10 (10) one impacted person who is directly related to a person who has been convicted of |
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| 40 | + | 2.11a mandatory minimum sentence or who has themselves been convicted of a mandatory |
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| 41 | + | 2.12minimum sentence and has completed the sentence, appointed by the governor; and |
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| 42 | + | 2.13 (11) one person with academic expertise regarding the laws and practices of other states |
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| 43 | + | 2.14relating to mandatory minimum sentences, appointed by the governor. |
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| 44 | + | 2.15 (b) Appointments must be made no later than July 30, 2025. |
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| 45 | + | 2.16 (c) Members shall serve without compensation. |
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| 46 | + | 2.17 (d) Members of the task force serve at the pleasure of the appointing authority or until |
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| 47 | + | 2.18the task force expires. Vacancies shall be filled by the appointing authority consistent with |
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| 48 | + | 2.19the qualifications of the vacating member required by this subdivision. |
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| 49 | + | 2.20 Subd. 4.Officers; meetings.(a) The task force shall elect a chair and vice-chair and |
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| 50 | + | 2.21may elect other officers as necessary. |
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| 51 | + | 2.22 (b) The commissioner of corrections shall convene the first meeting of the task force no |
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| 52 | + | 2.23later than August 1, 2025, and shall provide meeting space and administrative assistance |
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| 53 | + | 2.24as necessary for the task force to conduct its work. |
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| 54 | + | 2.25 (c) The task force shall meet at least monthly or upon the call of its chair. The task force |
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| 55 | + | 2.26shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings |
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| 56 | + | 2.27of the task force are subject to Minnesota Statutes, chapter 13D. |
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| 57 | + | 2.28 (d) To compile and analyze data, the task force shall request the cooperation and |
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| 58 | + | 2.29assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines |
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| 59 | + | 2.30Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys, |
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| 60 | + | 2.31and Tribal governments and may request the cooperation of academics and others with |
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| 61 | + | 2.32experience and expertise in researching the impact of mandatory minimum sentences. |
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66 | | - | S1719-1 1st EngrossmentSF1719 REVISOR KLL 3.1and Tribal governments and may request the cooperation of academics and others with |
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67 | | - | 3.2experience and expertise in researching the impact of mandatory minimum sentences. |
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68 | | - | 3.3 Subd. 5.Duties.(a) The task force shall, at a minimum: |
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69 | | - | 3.4 (1) collect and analyze data on charges, convictions, and sentences that involve mandatory |
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70 | | - | 3.5minimum sentences; |
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71 | | - | 3.6 (2) collect and analyze data on mandatory minimum sentences in which a person received |
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72 | | - | 3.7a mitigated durational departure because the mandatory minimum sentence was seen as |
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73 | | - | 3.8inappropriate by a judge or county attorney, or both; |
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74 | | - | 3.9 (3) collect and analyze data on mandatory minimum sentences in which a person likely |
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75 | | - | 3.10would have received a mitigated durational departure but for the enforcement of a mandatory |
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76 | | - | 3.11minimum sentence; |
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77 | | - | 3.12 (4) collect and analyze data on charges, convictions, and sentences for codefendants of |
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78 | | - | 3.13persons sentenced to a mandatory minimum sentence; |
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79 | | - | 3.14 (5) review relevant state statutes and state and federal court decisions; |
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80 | | - | 3.15 (6) receive input from persons who were convicted of a crime with a mandatory minimum |
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81 | | - | 3.16sentence; |
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82 | | - | 3.17 (7) receive input from family members of persons who were convicted of a crime with |
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83 | | - | 3.18a mandatory minimum sentence; |
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84 | | - | 3.19 (8) receive input from persons who were victims of crimes with a mandatory minimum |
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85 | | - | 3.20sentence; |
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86 | | - | 3.21 (9) receive input from family members of persons who were victims of crimes with a |
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87 | | - | 3.22mandatory minimum sentence; |
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88 | | - | 3.23 (10) analyze the benefits and unintended consequences of state statutes and practices |
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89 | | - | 3.24related to the charging, convicting, and sentencing of persons of crimes with mandatory |
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90 | | - | 3.25minimum sentences, including but not limited to an analysis of whether current statutes and |
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91 | | - | 3.26practices: |
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92 | | - | 3.27 (i) promote public safety; and |
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93 | | - | 3.28 (ii) properly punish a person for that person's role in an offense; and |
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94 | | - | 3.29 (11) make recommendations for legislative action, if any, on laws affecting: |
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95 | | - | 3.30 (i) the collection and reporting of data; and |
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| 63 | + | 25-02978 as introduced02/03/25 REVISOR KLL/KR 3.1 Subd. 5.Duties.(a) The task force shall, at a minimum: |
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| 64 | + | 3.2 (1) collect and analyze data on charges, convictions, and sentences that involve mandatory |
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| 65 | + | 3.3minimum sentences; |
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| 66 | + | 3.4 (2) collect and analyze data on mandatory minimum sentences in which a person received |
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| 67 | + | 3.5a mitigated durational departure because the mandatory minimum sentence was seen as |
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| 68 | + | 3.6inappropriate by a judge or county attorney, or both; |
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| 69 | + | 3.7 (3) collect and analyze data on mandatory minimum sentences in which a person likely |
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| 70 | + | 3.8would have received a mitigated durational departure but for the enforcement of a mandatory |
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| 71 | + | 3.9minimum sentence; |
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| 72 | + | 3.10 (4) collect and analyze data on charges, convictions, and sentences for codefendants of |
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| 73 | + | 3.11persons sentenced to a mandatory minimum sentence; |
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| 74 | + | 3.12 (5) review relevant state statutes and state and federal court decisions; |
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| 75 | + | 3.13 (6) receive input from persons who were convicted of a crime with a mandatory minimum |
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| 76 | + | 3.14sentence; |
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| 77 | + | 3.15 (7) receive input from family members of persons who were convicted of a crime with |
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| 78 | + | 3.16a mandatory minimum sentence; |
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| 79 | + | 3.17 (8) analyze the benefits and unintended consequences of state statutes and practices |
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| 80 | + | 3.18related to the charging, convicting, and sentencing of persons of crimes with mandatory |
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| 81 | + | 3.19minimum sentences, including but not limited to an analysis of whether current statutes and |
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| 82 | + | 3.20practices: |
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| 83 | + | 3.21 (i) promote public safety; and |
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| 84 | + | 3.22 (ii) properly punish a person for that person's role in an offense; and |
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| 85 | + | 3.23 (9) make recommendations for legislative action, if any, on laws affecting: |
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| 86 | + | 3.24 (i) the collection and reporting of data; and |
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| 87 | + | 3.25 (ii) the charging, convicting, and sentencing of persons for crimes with mandatory |
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| 88 | + | 3.26minimum sentences. |
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| 89 | + | 3.27 (b) At its discretion, the task force may examine, as necessary, other related issues |
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| 90 | + | 3.28consistent with this section. |
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| 91 | + | 3.29 Subd. 6.Report.On or before January 15, 2026, the task force shall submit a report to |
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| 92 | + | 3.30the chairs and ranking minority members of the legislative committees and divisions with |
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| 93 | + | 3.31jurisdiction over criminal sentencing on the findings and recommendations of the task force. |
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