HF 1355

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; reorganizing the 
  1.3             Minnesota center for crime victim services as a 
  1.4             division of the department of public safety; providing 
  1.5             for its duties; transferring its powers and duties to 
  1.6             the commissioner of public safety; transferring the 
  1.7             powers and duties of the commissioner of corrections 
  1.8             relating to victim services to the commissioner of 
  1.9             public safety and the Minnesota center for crime 
  1.10            victim services; authorizing the director of the 
  1.11            Minnesota center for crime victim services to 
  1.12            administer grants for crime victims; authorizing 
  1.13            rulemaking; amending Minnesota Statutes 2000, sections 
  1.14            13.871, subdivision 5; 15.0591, subdivision 2; 
  1.15            256J.49, subdivision 11; 518B.01, subdivision 21; 
  1.16            609.3241; 611A.01; 611A.02, subdivisions 1 and 3; 
  1.17            611A.07, subdivision 1; 611A.22; 611A.31, subdivision 
  1.18            1; 611A.55; 611A.675, subdivisions 1 and 2; 611A.77; 
  1.19            626.8451, subdivision 1a; 629.342, subdivision 2; and 
  1.20            629.72, subdivision 6; proposing coding for new law in 
  1.21            Minnesota Statutes, chapter 611A; repealing Minnesota 
  1.22            Statutes 2000, sections 611A.21; 611A.221; 611A.25; 
  1.23            611A.31, subdivision 5; 611A.32; 611A.33; 611A.34; 
  1.24            611A.345; 611A.35; 611A.36; 611A.361; 611A.41; 
  1.25            611A.43; 611A.70; 611A.71; and 611A.78. 
  1.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.27     Section 1.  [LEGISLATIVE INTENT.] 
  1.28     The legislature recognizes the need for a variety of 
  1.29  services to all crime victims in Minnesota.  The legislature 
  1.30  further recognizes the importance of the involvement of the 
  1.31  public and persons knowledgeable in crime and victimization.  It 
  1.32  is the intent of the legislature to enhance this involvement 
  1.33  while simultaneously providing for a more streamlined and 
  1.34  efficient grants administration process. 
  1.35     Sec. 2.  Minnesota Statutes 2000, section 13.871, 
  2.1   subdivision 5, is amended to read: 
  2.2      Subd. 5.  [CRIME VICTIMS.] (a)  [CRIME VICTIM NOTICE OF 
  2.3   RELEASE.] Data on crime victims who request notice of an 
  2.4   offender's release are classified under section 611A.06.  
  2.5      (b)  [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex 
  2.6   offenders under section 611A.19, subdivision 2, are classified 
  2.7   under that section.  
  2.8      (c)  [BATTERED WOMEN.] Data on battered women maintained by 
  2.9   grantees for emergency shelter and support services for battered 
  2.10  women are governed by section 611A.32, subdivision 5.  
  2.11     (d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and 
  2.12  victims of domestic abuse maintained by grantees and recipients 
  2.13  of per diem payments for emergency shelter for battered women 
  2.14  and support services for battered women and victims of domestic 
  2.15  abuse are governed by sections 611A.32, subdivision 5, 
  2.16  and section 611A.371, subdivision 3.  
  2.17     (d)  [CRIME VICTIMS.] Data on crime victims maintained by 
  2.18  the Minnesota center for crime victim services and its grantees 
  2.19  are governed by section 611A.46. 
  2.20     (e)  [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and 
  2.21  supporting documents filed by crime victims seeking reparations 
  2.22  are classified under section 611A.57, subdivision 6.  
  2.23     (f)  [CRIME VICTIM OMBUDSMAN.] Data maintained by the crime 
  2.24  victim ombudsman are classified under section 611A.74, 
  2.25  subdivision 2.  
  2.26     Sec. 3.  Minnesota Statutes 2000, section 15.0591, 
  2.27  subdivision 2, is amended to read: 
  2.28     Subd. 2.  [BODIES AFFECTED.] A member meeting the 
  2.29  qualifications in subdivision 1 must be appointed to the 
  2.30  following boards, commissions, advisory councils, task forces, 
  2.31  or committees:  
  2.32     (1) advisory council on battered women and domestic abuse; 
  2.33     (2) advisory task force on the use of state facilities; 
  2.34     (3) (2) alcohol and other drug abuse advisory council; 
  2.35     (4) (3) board of examiners for nursing home administrators; 
  2.36     (5) (4) board on aging; 
  3.1      (6) (5) chiropractic examiners board; 
  3.2      (7) (6) consumer advisory council on vocational 
  3.3   rehabilitation; 
  3.4      (8) (7) council on disability; 
  3.5      (9) (8) council on affairs of Chicano/Latino people; 
  3.6      (10) (9) council on Black Minnesotans; 
  3.7      (11) (10) dentistry board; 
  3.8      (12) (11) department of economic security advisory council; 
  3.9      (13) (12) higher education services office; 
  3.10     (14) (13) housing finance agency; 
  3.11     (15) (14) Indian advisory council on chemical dependency; 
  3.12     (16) (15) medical practice board; 
  3.13     (17) (16) medical policy directional task force on mental 
  3.14  health; 
  3.15     (18) (17) Minnesota employment and economic development 
  3.16  task force; 
  3.17     (19) (18) Minnesota office of citizenship and volunteer 
  3.18  services advisory committee; 
  3.19     (20) (19) Minnesota state arts board; 
  3.20     (21) (20) nursing board; 
  3.21     (22) (21) optometry board; 
  3.22     (23) (22) pharmacy board; 
  3.23     (24) (23) board of physical therapy; 
  3.24     (25) (24) podiatry board; 
  3.25     (26) (25) psychology board; 
  3.26     (27) (26) veterans advisory committee. 
  3.27     Sec. 4.  Minnesota Statutes 2000, section 256J.49, 
  3.28  subdivision 11, is amended to read: 
  3.29     Subd. 11.  [SAFETY PLAN.] "Safety plan" means a plan 
  3.30  developed by a victim of domestic violence or a person 
  3.31  continuing to be at risk of domestic violence with the 
  3.32  assistance of a public agency or a private nonprofit agency, 
  3.33  including agencies that receive designation by the department of 
  3.34  corrections public safety to provide emergency shelter services 
  3.35  or support services under section 611A.32.  A safety plan shall 
  3.36  not include a provision that automatically requires a domestic 
  4.1   violence victim to seek an order of protection, or to attend 
  4.2   counseling, as part of the safety plan. 
  4.3      Sec. 5.  Minnesota Statutes 2000, section 518B.01, 
  4.4   subdivision 21, is amended to read: 
  4.5      Subd. 21.  [ORDER FOR PROTECTION FORMS.] The state court 
  4.6   administrator, in consultation with the advisory council on 
  4.7   battered women and domestic abuse Minnesota center for crime 
  4.8   victim services, city and county attorneys, and legal advocates 
  4.9   who work with victims, shall develop a uniform order for 
  4.10  protection form that will facilitate the consistent enforcement 
  4.11  of orders for protection throughout the state. 
  4.12     Sec. 6.  Minnesota Statutes 2000, section 609.3241, is 
  4.13  amended to read: 
  4.14     609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
  4.15     When a court sentences an adult convicted of violating 
  4.16  section 609.322 or 609.324, while acting other than as a 
  4.17  prostitute, the court shall impose an assessment of not less 
  4.18  than $250 and not more than $500 for a violation of section 
  4.19  609.324, subdivision 2, or a misdemeanor violation of section 
  4.20  609.324, subdivision 3; otherwise the court shall impose an 
  4.21  assessment of not less than $500 and not more than $1,000.  The 
  4.22  mandatory minimum portion of the assessment is to be used for 
  4.23  the purposes described in section 626.558, subdivision 2a, and 
  4.24  is in addition to the surcharge required by section 357.021, 
  4.25  subdivision 6.  Any portion of the assessment imposed in excess 
  4.26  of the mandatory minimum amount shall be forwarded to the 
  4.27  general fund and is appropriated annually to the commissioner of 
  4.28  corrections Minnesota center for crime victim services.  The 
  4.29  commissioner, with the assistance of the general crime victims 
  4.30  advisory council, director of the center shall use money 
  4.31  received under this section for grants to agencies that provide 
  4.32  assistance to individuals who have stopped or wish to stop 
  4.33  engaging in prostitution.  Grant money may be used to provide 
  4.34  these individuals with medical care, child care, temporary 
  4.35  housing, and educational expenses. 
  4.36     Sec. 7.  Minnesota Statutes 2000, section 611A.01, is 
  5.1   amended to read: 
  5.2      611A.01 [DEFINITIONS.] 
  5.3      Subdivision 1.  [SCOPE.] For the purposes of sections 
  5.4   611A.01 to 611A.06: this chapter, the definitions in this 
  5.5   section have the meanings given. 
  5.6      Subd. 2.  [CENTER.] "Center" means the Minnesota center for 
  5.7   crime victim services established as a division within the 
  5.8   department of public safety. 
  5.9      (a) Subd. 3.  [CRIME.] "Crime" means conduct that is 
  5.10  prohibited by local ordinance and results in bodily harm to an 
  5.11  individual; or conduct that is included within the definition of 
  5.12  "crime" in section 609.02, subdivision 1, or would be included 
  5.13  within that definition but for the fact that (i) the person 
  5.14  engaging in the conduct lacked capacity to commit the crime 
  5.15  under the laws of this state, or (ii) the act was alleged or 
  5.16  found to have been committed by a juvenile;. 
  5.17     (b)  [VICTIM.] "Victim" means a natural person who incurs 
  5.18  loss or harm as a result of a crime, including a good faith 
  5.19  effort to prevent a crime, and for purposes of sections 611A.04 
  5.20  and 611A.045, also includes (i) a corporation that incurs loss 
  5.21  or harm as a result of a crime, (ii) a government entity that 
  5.22  incurs loss or harm as a result of a crime, and (iii) any other 
  5.23  entity authorized to receive restitution under section 609.10 or 
  5.24  609.125.  If the victim is a natural person and is deceased, 
  5.25  "victim" means the deceased's surviving spouse or next of kin; 
  5.26  and 
  5.27     Subd. 4.  [DIRECTOR.] "Director" means the director of the 
  5.28  Minnesota center for crime victim services. 
  5.29     Subd. 5.  [GENERAL CRIME.] "General crime" means a crime 
  5.30  defined in subdivision 3, which is not already included in the 
  5.31  definitions of sexual assault, domestic abuse, or abused 
  5.32  children. 
  5.33     (c) Subd. 6.  [JUVENILE.] "Juvenile" has the same meaning 
  5.34  as given to the term "child" in section 260B.007, subdivision 3. 
  5.35     Subd. 7.  [SEXUAL ASSAULT.] "Sexual assault" means an act 
  5.36  of sexual violence as defined in sections 609.342 to 609.3451, 
  6.1   and other criminal violations which involve nonconsensual verbal 
  6.2   or physical sexual activity or sexual exploitation. 
  6.3      Subd. 8.  [SYSTEMS CHANGE.] "Systems change" includes, but 
  6.4   is not limited to, protocol and policy development to improve 
  6.5   the systems and communities responsiveness to the needs of crime 
  6.6   victims and witnesses in support of the victim. 
  6.7      Subd. 9.  [VICTIM.] "Victim" means a natural person who 
  6.8   incurs loss or harm as a result of a crime, including a good 
  6.9   faith effort to prevent a crime, and for purposes of sections 
  6.10  611A.04 and 611A.045, also includes (i) a corporation that 
  6.11  incurs loss or harm as a result of a crime, (ii) a government 
  6.12  entity that incurs loss or harm as a result of a crime, and 
  6.13  (iii) any other entity authorized to receive restitution under 
  6.14  section 609.10 or 609.125.  If the victim is a natural person 
  6.15  and is deceased, "victim" means the deceased's surviving spouse 
  6.16  or next of kin. 
  6.17     Sec. 8.  Minnesota Statutes 2000, section 611A.02, 
  6.18  subdivision 1, is amended to read: 
  6.19     Subdivision 1.  [VICTIM SERVICES.] The commissioner of 
  6.20  corrections public safety, in cooperation with the executive 
  6.21  director of the crime victims reparations board, shall develop a 
  6.22  plan to provide victims with information concerning victim 
  6.23  services in the geographic area where the crime occurred.  This 
  6.24  information shall include, but need not be limited to, 
  6.25  information about available victim crisis centers, programs for 
  6.26  victims of sexual assault, victim witness programs, elderly 
  6.27  victims projects, victim assistance hotlines, incest abuse 
  6.28  programs, and domestic violence shelters and programs.  
  6.29     The plan shall take into account the fact that some 
  6.30  counties currently have informational service systems and victim 
  6.31  or witness services or programs.  
  6.32     This plan shall be presented to the appropriate standing 
  6.33  committees of the legislature no later than February 1, 1984.  
  6.34     Sec. 9.  Minnesota Statutes 2000, section 611A.02, 
  6.35  subdivision 3, is amended to read: 
  6.36     Subd. 3.  [NOTICE OF THE RIGHTS OF VICTIMS IN JUVENILE 
  7.1   COURT.] (a) The crime victim and witness advisory council center 
  7.2   shall develop a notice of the rights of victims in juvenile 
  7.3   court that explains: 
  7.4      (1) the rights of victims in the juvenile court; 
  7.5      (2) when a juvenile matter is public; 
  7.6      (3) the procedures to be followed in juvenile court 
  7.7   proceedings; and 
  7.8      (4) other relevant matters. 
  7.9      (b) The juvenile court shall distribute a copy of the 
  7.10  notice to each victim of juvenile crime who attends a juvenile 
  7.11  court proceeding, along with a notice of services for victims 
  7.12  available in that judicial district. 
  7.13     Sec. 10.  Minnesota Statutes 2000, section 611A.07, 
  7.14  subdivision 1, is amended to read: 
  7.15     Subdivision 1.  [GENERALLY.] The commissioner of 
  7.16  corrections, after considering the recommendations of the 
  7.17  advisory council on battered women and domestic abuse and the 
  7.18  sexual assault advisory council, and in collaboration with the 
  7.19  commissioner of public safety and the director of the Minnesota 
  7.20  center for crime victim services, shall adopt standards 
  7.21  governing electronic monitoring devices used to protect victims 
  7.22  of domestic abuse.  In developing proposed standards, the 
  7.23  commissioner shall consider the experience of the courts in the 
  7.24  tenth judicial district in the use of the devices to protect 
  7.25  victims of domestic abuse.  These standards shall promote the 
  7.26  safety of the victim and shall include measures to avoid the 
  7.27  disparate use of the device with communities of color, product 
  7.28  standards, monitoring agency standards, and victim disclosure 
  7.29  standards.  
  7.30     Sec. 11.  Minnesota Statutes 2000, section 611A.22, is 
  7.31  amended to read: 
  7.32     611A.22 [POWERS OF COMMISSIONER.] 
  7.33     In addition to developing the statewide program, the 
  7.34  commissioner of corrections may: 
  7.35     (a) Assist and encourage county attorneys to assign 
  7.36  prosecuting attorneys trained in sensitivity and understanding 
  8.1   of victims of sexual attacks; 
  8.2      (b) Assist the peace officers training board and municipal 
  8.3   police forces to develop programs to provide peace officers 
  8.4   training in sensitivity and understanding of victims of sexual 
  8.5   attacks; and encourage the assignment of trained peace officers 
  8.6   of the same sex as the victim to conduct all necessary 
  8.7   questioning of the victim; 
  8.8      (c) Encourage hospital administrators to place a high 
  8.9   priority on the expeditious treatment of victims of sexual 
  8.10  attacks; and to retain personnel trained in sensitivity and 
  8.11  understanding of victims of sexual attacks.  
  8.12     The commissioner of public safety is authorized to make 
  8.13  grants utilizing state or federal funds, or both, to a 
  8.14  governmental unit, public or nonprofit entity, or tribal 
  8.15  government for the provision or enhancement of services 
  8.16  pertaining to crime victims.  Applications for grants to serve 
  8.17  crime victims shall be submitted in a form approved by the 
  8.18  commissioner. 
  8.19     Sec. 12.  Minnesota Statutes 2000, section 611A.31, 
  8.20  subdivision 1, is amended to read: 
  8.21     Subdivision 1.  For the purposes of sections 611A.31 to 
  8.22  611A.36 this chapter, the following terms in this section have 
  8.23  the meanings given. 
  8.24     Sec. 13.  [611A.44] [MINNESOTA CENTER FOR CRIME VICTIM 
  8.25  SERVICES; CREATION; ORGANIZATION.] 
  8.26     The Minnesota center for crime victim services is created, 
  8.27  for budgetary and administrative purposes, as a division of the 
  8.28  department of public safety.  The commissioner of public safety 
  8.29  shall appoint the director of the center.  The director shall 
  8.30  serve in the unclassified service at the pleasure of the 
  8.31  commissioner.  The commissioner shall fill any vacancy in the 
  8.32  office of director. 
  8.33     Sec. 14.  [611A.45] [DUTIES.] 
  8.34     The director of the Minnesota center for crime victim 
  8.35  services shall: 
  8.36     (1) manage the division and define the duties of employees 
  9.1   and delegate to them any of the director's powers, duties, and 
  9.2   responsibilities, subject to the director's control and the 
  9.3   conditions the director prescribes; 
  9.4      (2) administer state and federal grant funds on behalf of 
  9.5   the commissioner to programs providing assistance to crime 
  9.6   victims as defined in section 611A.01, subdivision 9; 
  9.7      (3) transfer authorized positions and personnel between the 
  9.8   units as necessary to staff those units; 
  9.9      (4) coordinate interagency cooperation in the provision of 
  9.10  services to victims and prosecution witnesses; 
  9.11     (5) make recommendations to the commissioner on the award 
  9.12  of grants to programs serving crime victims; and 
  9.13     (6) adopt all rules necessary to implement the provisions 
  9.14  of this chapter relating to the duties of the center. 
  9.15     Sec. 15.  [611A.46] [CLASSIFICATION OF DATA.] 
  9.16     (a) Personal history information and other information 
  9.17  collected, used, and maintained by a center grantee from which 
  9.18  the identity and location of any crime victim may be determined 
  9.19  is private data on individuals, as defined in section 13.02, 
  9.20  subdivision 12, and the grantee shall maintain the data in 
  9.21  accordance with the provisions of chapter 13. 
  9.22     (b) Personal history data and other information collected, 
  9.23  used, and maintained by the center from which the identity and 
  9.24  location of any victim may be determined is private data on 
  9.25  individuals, as defined in section 13.02, subdivision 12. 
  9.26     (c) Internal auditing data shall be protected in accordance 
  9.27  with section 13.392. 
  9.28     Sec. 16.  [611A.47] [CONFLICTS OF INTEREST.] 
  9.29     A member of a grant review panel for the Minnesota center 
  9.30  for crime victim services shall be excluded from participating 
  9.31  in all aspects of grant review and recommendations concerning a 
  9.32  grant application and any grant applications in the 
  9.33  corresponding competitive category if the member: 
  9.34     (1) serves or has served at any time during the past three 
  9.35  years as an employee, volunteer, paid consultant, or governing 
  9.36  board member of an organization whose application is being 
 10.1   reviewed; 
 10.2      (2) has a financial interest in the funding of the 
 10.3   applicant organization; or 
 10.4      (3) has a relative, spouse, or partner affiliated with an 
 10.5   applicant organization or project. 
 10.6      Members without a conflict of interest under clause (1), 
 10.7   (2), or (3) shall nevertheless refrain from participating in all 
 10.8   aspects of grant review and recommendations if their 
 10.9   participation might result in the appearance of impropriety. 
 10.10     Sec. 17.  [611A.48] [DUTIES OF GRANTEES.] 
 10.11     Every public or private nonprofit agency and tribal 
 10.12  government that receives a grant from the center shall comply 
 10.13  with all rules, policies, and procedures of the center related 
 10.14  to the administration of the programs. 
 10.15     Sec. 18.  Minnesota Statutes 2000, section 611A.55, is 
 10.16  amended to read: 
 10.17     611A.55 [CRIME VICTIMS REPARATIONS BOARD.] 
 10.18     Subdivision 1. (a) There is created in the department of 
 10.19  public safety, for budgetary and administrative purposes, the 
 10.20  crime victims reparations board, which shall consist of the 
 10.21  following five members appointed by the commissioner of public 
 10.22  safety and selected from among the membership of the crime 
 10.23  victim and witness advisory council created in section 611A.71.: 
 10.24     (1) a medical or osteopathic physician licensed to practice 
 10.25  in this state; 
 10.26     (2) a victim of violent crime; 
 10.27     (3) a prosecutor; 
 10.28     (4) a victim assistance provider knowledgeable in a variety 
 10.29  of crime categories; and 
 10.30     (5) a law enforcement officer. 
 10.31     One of the members shall be designated as chair by the 
 10.32  commissioner of public safety and serve as such at the 
 10.33  commissioner's pleasure.  At least one member shall be a medical 
 10.34  or osteopathic physician licensed to practice in this state, and 
 10.35  at least one member shall be a victim, as defined in section 
 10.36  611A.01.  
 11.1      Subd. 2. (b) The membership terms, compensation, removal of 
 11.2   members, and filling of vacancies on the board shall be as 
 11.3   provided in section 15.0575.  Members of the board who are also 
 11.4   members of the crime victim and witness advisory council created 
 11.5   in section 611A.71 shall not be compensated while performing 
 11.6   duties for the advisory council. 
 11.7      Subd. 3. (c) Members of the board shall serve part time. 
 11.8      Sec. 19.  Minnesota Statutes 2000, section 611A.675, 
 11.9   subdivision 1, is amended to read: 
 11.10     Subdivision 1.  [GRANTS AUTHORIZED.] The crime victim and 
 11.11  witness advisory council center shall make grants to prosecutors 
 11.12  and victim assistance programs for the purpose of providing 
 11.13  emergency assistance to victims.  As used in this section, 
 11.14  "emergency assistance" includes but is not limited to: 
 11.15     (1) replacement of necessary property that was lost, 
 11.16  damaged, or stolen as a result of the crime; 
 11.17     (2) purchase and installation of necessary home security 
 11.18  devices; 
 11.19     (3) transportation to locations related to the victim's 
 11.20  needs as a victim, such as medical facilities and facilities of 
 11.21  the criminal justice system; 
 11.22     (4) cleanup of the crime scene; and 
 11.23     (5) reimbursement for reasonable travel and living expenses 
 11.24  the victim incurred to attend court proceedings that were held 
 11.25  at a location other than the place where the crime occurred due 
 11.26  to a change of venue. 
 11.27     Sec. 20.  Minnesota Statutes 2000, section 611A.675, 
 11.28  subdivision 2, is amended to read: 
 11.29     Subd. 2.  [APPLICATION FOR GRANTS.] A city or county 
 11.30  attorney's office or victim assistance program may apply to the 
 11.31  council center for a grant for any of the purposes described in 
 11.32  subdivision 1 or for any other emergency assistance purpose 
 11.33  approved by the council.  The application must be on forms and 
 11.34  pursuant to procedures developed by the council center.  The 
 11.35  application must describe the type or types of intended 
 11.36  emergency assistance, estimate the amount of money required, and 
 12.1   include any other information deemed necessary by the 
 12.2   council center. 
 12.3      Sec. 21.  Minnesota Statutes 2000, section 611A.77, is 
 12.4   amended to read: 
 12.5      611A.77 [MEDIATION PROGRAMS FOR CRIME VICTIMS AND 
 12.6   OFFENDERS.] 
 12.7      Subdivision 1.  [GRANTS.] The executive director of the 
 12.8   center for crime victim services commissioner of public safety 
 12.9   shall award grants to nonprofit organizations any public or 
 12.10  nonprofit agency or tribal government to create or expand 
 12.11  mediation programs for crime victims and offenders.  For 
 12.12  purposes of this section, "offender" means an adult charged with 
 12.13  a nonviolent crime or a juvenile who has been referred to a 
 12.14  mediation program before or after a petition for delinquency has 
 12.15  been filed in connection with a nonviolent offense, and 
 12.16  "nonviolent crime" and "nonviolent offense" exclude any offense 
 12.17  in which the victim is a family or household member, as defined 
 12.18  in section 518B.01, subdivision 2. 
 12.19     Subd. 2.  [PROGRAMS.] The executive director of the center 
 12.20  for crime victim services commissioner of public safety shall 
 12.21  award grants to further the following goals: 
 12.22     (1) to expand existing mediation programs for crime victims 
 12.23  and juvenile offenders to also include adult offenders; 
 12.24     (2) to initiate victim-offender mediation programs in areas 
 12.25  that have no victim-offender mediation programs; 
 12.26     (3) to expand the opportunities for crime victims to be 
 12.27  involved in the criminal justice process; 
 12.28     (4) to evaluate the effectiveness of victim-offender 
 12.29  mediation programs in reducing recidivism and encouraging the 
 12.30  payment of court-ordered restitution; and 
 12.31     (5) to evaluate the satisfaction of victims who participate 
 12.32  in the mediation programs. 
 12.33     Subd. 3.  [MEDIATOR QUALIFICATIONS.] The executive director 
 12.34  of the center for crime victim services commissioner of public 
 12.35  safety shall establish criteria to ensure that mediators 
 12.36  participating in the program are qualified. 
 13.1      Subd. 4.  [MATCH REQUIRED.] A nonprofit organization may 
 13.2   not receive a grant under this section unless the group has 
 13.3   raised a matching amount from other sources. 
 13.4      Sec. 22.  Minnesota Statutes 2000, section 626.8451, 
 13.5   subdivision 1a, is amended to read: 
 13.6      Subd. 1a.  [TRAINING COURSE; CRIMES OF VIOLENCE.] In 
 13.7   consultation with the crime victim and witness advisory council 
 13.8   center for crime victim services and the school of law 
 13.9   enforcement, the board shall prepare a training course to assist 
 13.10  peace officers in responding to crimes of violence and to 
 13.11  enhance peace officer sensitivity in interacting with and 
 13.12  assisting crime victims.  For purposes of this course, 
 13.13  harassment and stalking crimes are "crimes of violence."  The 
 13.14  course must include information about: 
 13.15     (1) the needs of victims of these crimes and the most 
 13.16  effective and sensitive way to meet those needs or arrange for 
 13.17  them to be met; 
 13.18     (2) the extent and causes of crimes of violence, including 
 13.19  physical and sexual abuse, physical violence, harassment and 
 13.20  stalking, and neglect; 
 13.21     (3) the identification of crimes of violence and patterns 
 13.22  of violent behavior; and 
 13.23     (4) culturally responsive approaches to dealing with 
 13.24  victims and perpetrators of violence. 
 13.25     Sec. 23.  Minnesota Statutes 2000, section 629.342, 
 13.26  subdivision 2, is amended to read: 
 13.27     Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
 13.28  law enforcement agency shall develop, adopt, and implement a 
 13.29  written policy regarding arrest procedures for domestic abuse 
 13.30  incidents.  In the development of a policy, each law enforcement 
 13.31  agency shall consult with domestic abuse advocates, community 
 13.32  organizations, and other law enforcement agencies with expertise 
 13.33  in the recognition and handling of domestic abuse incidents.  
 13.34  The policy shall discourage dual arrests, include consideration 
 13.35  of whether one of the parties acted in self defense, and provide 
 13.36  guidance to officers concerning instances in which officers 
 14.1   should remain at the scene of a domestic abuse incident until 
 14.2   the likelihood of further imminent violence has been eliminated. 
 14.3      (b) The bureau of criminal apprehension, and the board of 
 14.4   peace officer standards and training, and the advisory council 
 14.5   on battered women and domestic abuse appointed by the 
 14.6   commissioner of corrections under section 611A.34, in 
 14.7   consultation with the Minnesota chiefs of police association, 
 14.8   the Minnesota sheriffs association, the center for crime victim 
 14.9   services, and the Minnesota police and peace officers 
 14.10  association, shall develop a written model policy regarding 
 14.11  arrest procedures for domestic abuse incidents for use by local 
 14.12  law enforcement agencies.  Each law enforcement agency may adopt 
 14.13  the model policy in lieu of developing its own policy under the 
 14.14  provisions of paragraph (a). 
 14.15     (c) Local law enforcement agencies that have already 
 14.16  developed a written policy regarding arrest procedures for 
 14.17  domestic abuse incidents before July 1, 1992, are not required 
 14.18  to develop a new policy but must review their policies and 
 14.19  consider the written model policy developed under paragraph (b). 
 14.20     Sec. 24.  Minnesota Statutes 2000, section 629.72, 
 14.21  subdivision 6, is amended to read: 
 14.22     Subd. 6.  [NOTICE REGARDING RELEASE OF ARRESTED PERSON.] 
 14.23  (a) Immediately after issuance of a citation in lieu of 
 14.24  continued detention under subdivision 1, or the entry of an 
 14.25  order for release under subdivision 2, but before the arrested 
 14.26  person is released, the agency having custody of the arrested 
 14.27  person or its designee must make a reasonable and good faith 
 14.28  effort to inform orally the alleged victim, local law 
 14.29  enforcement agencies known to be involved in the case, if 
 14.30  different from the agency having custody, and, at the victim's 
 14.31  request any local battered women's and domestic abuse programs 
 14.32  established under section 611A.32 611A.45 or sexual assault 
 14.33  programs of: 
 14.34     (1) the conditions of release, if any; 
 14.35     (2) the time of release; 
 14.36     (3) the time, date, and place of the next scheduled court 
 15.1   appearance of the arrested person and the victim's right to be 
 15.2   present at the court appearance; and 
 15.3      (4) if the arrested person is charged with domestic abuse, 
 15.4   the location and telephone number of the area battered women's 
 15.5   shelter as designated by the department of corrections public 
 15.6   safety. 
 15.7      (b) As soon as practicable after an order for conditional 
 15.8   release is entered, the agency having custody of the arrested 
 15.9   person or its designee must personally deliver or mail to the 
 15.10  alleged victim a copy of the written order and written notice of 
 15.11  the information in paragraph (a), clauses (2) and (3). 
 15.12     Sec. 25.  [TRANSFER OF VICTIM SERVICES FUNCTIONS TO THE 
 15.13  CENTER FOR CRIME VICTIM SERVICES.] 
 15.14     Subdivision 1.  [COMMISSIONER OF CORRECTIONS.] Except for 
 15.15  the duties relating to notice of release of offenders under 
 15.16  Minnesota Statutes, section 611A.06, all powers and duties 
 15.17  imposed on the commissioner of corrections relating to victim 
 15.18  services and rights by Minnesota Statutes, chapter 611A, are 
 15.19  transferred to and imposed on the director of the Minnesota 
 15.20  center for crime victim services as a division of the department 
 15.21  of public safety. 
 15.22     Subd. 2.  [TRANSFER OF POWER.] The provisions of Minnesota 
 15.23  Statutes, section 15.039, apply to the transfer of power and 
 15.24  duties of the commissioner of corrections under subdivision 1, 
 15.25  relating to victim services and rights imposed by Minnesota 
 15.26  Statutes, chapter 611A, to the director of the Minnesota center 
 15.27  for crime victim services as a division of the department of 
 15.28  public safety. 
 15.29     Sec. 26.  [REVISOR INSTRUCTION.] 
 15.30     The revisor shall recode the definitions in Minnesota 
 15.31  Statutes, section 611A.31, into Minnesota Statutes, section 
 15.32  611A.01, and shall correct references to sections 611A.01 and 
 15.33  611A.31 necessitated by changes to those sections in this act. 
 15.34     Sec. 27.  [REPEALER.] 
 15.35     Minnesota Statutes 2000, sections 611A.21; 611A.221; 
 15.36  611A.25; 611A.31, subdivision 5; 611A.32; 611A.33; 611A.34; 
 16.1   611A.345; 611A.35; 611A.36; 611A.361; 611A.41; 611A.43; 611A.70; 
 16.2   611A.71; and 611A.78, are repealed.