SF 769

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/06/2013 08:21am

A bill for an act
relating to public safety; clarifying certain statutory provisions relating to crime
victim rights and programs; providing for a restitution working group; amending
Minnesota Statutes 2012, sections 13.871, subdivision 5; 611A.0315; 611A.036,
subdivision 7; 629.72, subdivisions 1, 1a, 2, 6, 7; 629.73; proposing coding for
new law in Minnesota Statutes, chapter 13.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [13.854] RELEASE OF ARRESTED, DETAINED, OR CONFINED
PERSON; AUTOMATED NOTIFICATION SERVICE.
new text end

new text begin For requests for notification of change in custody status of an arrested, detained, or
confined person from the Department of Corrections or other custodial authority made
through an automated electronic notification system, all identifying information regarding
the person requesting notification and that the notice was requested and provided to that
person by the automated system is classified as private data on individuals as defined in
section 13.02, subdivision 12, and is accessible only to that person.
new text end

Sec. 2.

Minnesota Statutes 2012, section 13.871, subdivision 5, is amended to read:

Subd. 5.

Crime victims.

(a) Crime victim notice of release. Data on crime victims
who request notice of an offender's release are classified under section 611A.06.

(b) Sex offender HIV tests. Results of HIV tests of sex offenders under section
611A.19, subdivision 2, are classified under that section.

(c) Battered women. Data on battered women maintained by grantees for
emergency shelter and support services for battered women are governed by section
611A.32, subdivision 5.

(d) Victims of domestic abuse. Data on battered women and victims of domestic
abuse maintained by grantees and recipients of per diem payments for emergency shelter
for battered women and support services for battered women and victims of domestic
abuse are governed by sections 611A.32, subdivision 5, and 611A.371, subdivision 3.

(e) Personal history; internal auditing. Certain personal history and internal
auditing data is classified by section 611A.46.

(f) Crime victim claims for reparations. Claims and supporting documents filed
by crime victims seeking reparations are classified under section 611A.57, subdivision 6.

(g) Crime Victim Oversight Act. Data maintained by the commissioner of public
safety under the Crime Victim Oversight Act are classified under section 611A.74,
subdivision 2.

(h) Victim identity data. Data relating to the identity of the victims of certain
criminal sexual conduct is governed by section 609.3471.

new text begin (i) Victim notification. Data on victims requesting a notice of release of an arrested
or detained person are classified under sections 629.72 and 629.73.
new text end

Sec. 3.

Minnesota Statutes 2012, section 611A.0315, is amended to read:

611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL
SEXUAL CONDUCT; deleted text begin HARASSMENT deleted text end new text begin STALKING new text end .

Subdivision 1.

Notice of decision not to prosecute.

(a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assault, a criminal sexual conduct
offense, or deleted text begin harassment deleted text end new text begin stalking new text end that the prosecutor has decided to decline prosecution of
the case or to dismiss the criminal charges filed against the defendant. Efforts to notify the
victim should include, in order of priority: (1) contacting the victim or a person designated
by the victim by telephone; and (2) contacting the victim by mail. If a suspect is still in
custody, the notification attempt shall be made before the suspect is released from custody.

(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, or deleted text begin harassment deleted text end new text begin stalking new text end , a record
shall be made of the specific reasons for the dismissal. If the dismissal is due to the
unavailability of the witness, the prosecutor shall indicate the specific reason that the
witness is unavailable.

(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual
conduct, or deleted text begin harassment deleted text end new text begin stalking new text end under this section, the prosecutor shall also inform the
victim of the method and benefits of seeking an order for protection under section 518B.01
or a restraining order under section 609.748 and that the victim may seek an order without
paying a fee.

Subd. 2.

Definitions.

For the purposes of this section, the following terms have
the meanings given them.

(a) "Assault" has the meaning given it in section 609.02, subdivision 10.

(b) "Domestic assault" means an assault committed by the actor against a family or
household member.

(c) "Family or household member" has the meaning given it in section 518B.01,
subdivision 2.

(d) " deleted text begin Harassment deleted text end new text begin Stalking new text end " means a violation of section 609.749.

(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to
609.3453.

Sec. 4.

Minnesota Statutes 2012, section 611A.036, subdivision 7, is amended to read:

Subd. 7.

Definition.

As used in this section, "violent crime" means a violation or
attempt to violate any of the following: section 609.185 (murder in the first degree);
609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.21
(criminal vehicular homicide and injury); 609.221 (assault in the first degree); 609.222
(assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault
in the fourth degree); 609.2241 (knowing transfer of communicable disease); 609.2242
(domestic assault); 609.2245 (female genital mutilation); 609.2247 (domestic assault
by strangulation); 609.228 (great bodily harm caused by distribution of drugs); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or patients);
609.2325 (criminal abuse); 609.233 (criminal neglect); 609.235 (use of drugs to injure
or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25
(kidnapping); 609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of
an unborn child in the first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third degree); 609.2664 (manslaughter
of an unborn child in the first degree); 609.2665 (manslaughter of an unborn child in the
second degree); 609.267 (assault of an unborn child in the first degree); 609.2671 (assault
of an unborn child in the second degree); 609.2672 (assault of an unborn child in the third
degree); 609.268 (injury or death of an unborn child in commission of a crime); 609.282
(labor trafficking); 609.322 (solicitation, inducement, and promotion of prostitution; sex
trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third
degree); 609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal
sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.352
(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 deleted text begin , deleted text end (arson in the
first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c) deleted text begin , deleted text end (burglary in the first
degree; occupied dwelling or involving an assault); deleted text begin or deleted text end 609.66, subdivision 1e, paragraph
(b) deleted text begin , deleted text end (drive-by shooting; firing at or toward a person, or an occupied building or motor
vehicle) new text begin ; or 609.749, subdivision 2 (stalking) new text end .

Sec. 5.

Minnesota Statutes 2012, section 629.72, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given them.

(b) "Domestic abuse" has the meaning given in section 518B.01, subdivision 2.

(c) " deleted text begin Harassment deleted text end new text begin Stalking new text end " has the meaning given in section 609.749.

(d) "Violation of a domestic abuse no contact order" has the meaning given in
section 629.75.

(e) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.

Sec. 6.

Minnesota Statutes 2012, section 629.72, subdivision 1a, is amended to read:

Subd. 1a.

Detention in lieu of citation; release.

(a) Notwithstanding any other law
or rule, an arresting officer may not issue a citation in lieu of arrest and detention to an
individual charged with deleted text begin harassment deleted text end new text begin stalking new text end , domestic abuse, violation of an order for
protection, or violation of a domestic abuse no contact order.

(b) Notwithstanding any other law or rule, an individual who is arrested on a charge
of deleted text begin harassing deleted text end new text begin stalking new text end any person, domestic abuse, violation of an order for protection, or
violation of a domestic abuse no contact order, must be brought to the police station or
county jail. The officer in charge of the police station or the county sheriff in charge of
the jail shall issue a citation in lieu of continued detention unless it reasonably appears to
the officer or sheriff that release of the person (1) poses a threat to the alleged victim or
another family or household member, (2) poses a threat to public safety, or (3) involves a
substantial likelihood the arrested person will fail to appear at subsequent proceedings.

(c) If the arrested person is not issued a citation by the officer in charge of the police
station or the county sheriff, the arrested person must be brought before the nearest
available judge of the district court in the county in which the alleged deleted text begin harassment deleted text end new text begin stalking new text end ,
domestic abuse, violation of an order for protection, or violation of a domestic abuse no
contact order took place without unnecessary delay as provided by court rule.

Sec. 7.

Minnesota Statutes 2012, section 629.72, subdivision 2, is amended to read:

Subd. 2.

Judicial review; release; bail.

(a) The judge before whom the arrested
person is brought shall review the facts surrounding the arrest and detention of a person
arrested for domestic abuse, deleted text begin harassment deleted text end new text begin stalking new text end , violation of an order for protection, or
violation of a domestic abuse no contact order. The prosecutor or prosecutor's designee
shall present relevant information involving the victim's or the victim's family's account
of the alleged crime to the judge to be considered in determining the arrested person's
release. In making a decision concerning pretrial release conditions of a person arrested
for domestic abuse, deleted text begin harassment deleted text end new text begin stalking new text end , violation of an order for protection, or violation
of a domestic abuse no contact order, the judge shall review the facts of the arrest and
detention of the person and determine whether: (1) release of the person poses a threat to
the alleged victim, another family or household member, or public safety; or (2) there is a
substantial likelihood the person will fail to appear at subsequent proceedings. Before
releasing a person arrested for or charged with a crime of domestic abuse, deleted text begin harassment
deleted text end new text begin stalking new text end , violation of an order for protection, or violation of a domestic abuse no contact
order, the judge shall make findings on the record, to the extent possible, concerning the
determination made in accordance with the factors specified in clauses (1) and (2).

(b) The judge may impose conditions of release or bail, or both, on the person
to protect the alleged victim or other family or household members and to ensure the
appearance of the person at subsequent proceedings. These conditions may include an
order:

(1) enjoining the person from threatening to commit or committing acts of domestic
abuse or deleted text begin harassment deleted text end new text begin stalking new text end against the alleged victim or other family or household
members or from violating an order for protection or a domestic abuse no contact order;

(2) prohibiting the person from harassing, annoying, telephoning, contacting, or
otherwise communicating with the alleged victim, either directly or indirectly;

(3) directing the person to vacate or stay away from the home of the alleged victim
and to stay away from any other location where the alleged victim is likely to be;

(4) prohibiting the person from possessing a firearm or other weapon specified by
the court;

(5) prohibiting the person from possessing or consuming alcohol or controlled
substances; and

(6) specifying any other matter required to protect the safety of the alleged victim
and to ensure the appearance of the person at subsequent proceedings.

(c) If conditions of release are imposed, the judge shall issue a written order for
conditional release. The court administrator shall immediately distribute a copy of the
order for conditional release to the agency having custody of the arrested person and shall
provide the agency having custody of the arrested person with any available information
on the location of the victim in a manner that protects the victim's safety. Either the court
or its designee or the agency having custody of the arrested person shall serve upon the
defendant a copy of the order. Failure to serve the arrested person with a copy of the order
for conditional release does not invalidate the conditions of release.

(d) If the judge imposes as a condition of release a requirement that the person have
no contact with the alleged victim, the judge may also, on its own motion or that of the
prosecutor or on request of the victim, issue an ex parte temporary restraining order under
section 609.748, subdivision 4, or an ex parte temporary order for protection under section
518B.01, subdivision 7. Notwithstanding section 518B.01, subdivision 7, paragraph
(b), or 609.748, subdivision 4, paragraph (c), the temporary order is effective until the
defendant is convicted or acquitted, or the charge is dismissed, provided that upon request
the defendant is entitled to a full hearing on the restraining order under section 609.748,
subdivision 5, or on the order for protection under section 518B.01. The hearing must be
held within seven days of the defendant's request.

Sec. 8.

Minnesota Statutes 2012, section 629.72, subdivision 6, is amended to read:

Subd. 6.

Notice; release of arrested person.

(a) Immediately after issuance of a
citation in lieu of continued detention under subdivision 1, or the entry of an order for
release under subdivision 2, but before the arrested person is released, the agency having
custody of the arrested person or its designee must make a reasonable and good faith effort
to inform orally the alleged victim, local law enforcement agencies known to be involved
in the case, if different from the agency having custody, and, at the victim's request any
local battered women's and domestic abuse programs established under section 611A.32
or sexual assault programs of:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested
person and the victim's right to be present at the court appearance; and

(4) if the arrested person is charged with domestic abuse, the location and telephone
number of the area battered women's shelter as designated by the deleted text begin Department of
Corrections deleted text end new text begin Office of Justice Programs in the Department of Public Safety new text end .

(b) As soon as practicable after an order for conditional release is entered, the
agency having custody of the arrested person or its designee must personally deliver or
mail to the alleged victim a copy of the written order and written notice of the information
in paragraph (a), clauses (2) and (3).

new text begin (c) Data on the victim and the notice provided by the custodial authority are private
data on individuals as defined in section 13.02, subdivision 12, and are accessible only
to the victim.
new text end

Sec. 9.

Minnesota Statutes 2012, section 629.72, subdivision 7, is amended to read:

Subd. 7.

Notice to victim regarding bail hearing.

(a) When a person arrested for
or a juvenile detained for domestic assault or deleted text begin harassment deleted text end new text begin stalking new text end is scheduled to be
reviewed under subdivision 2 for release from pretrial detention, the court shall make
a reasonable good faith effort to notify:

(1) the victim of the alleged crime;

(2) if the victim is incapacitated or deceased, the victim's family; and

(3) if the victim is a minor, the victim's parent or guardian.

(b) The notification must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person that can be contacted for additional
information; and

(4) a statement that the victim and the victim's family may attend the review.

Sec. 10.

Minnesota Statutes 2012, section 629.73, is amended to read:

629.73 NOTICE TO CRIME VICTIM; RELEASE OF ARRESTED OR
DETAINED PERSON.

Subdivision 1.

Oral notice.

When a person arrested or a juvenile detained for a
crime of violence or an attempted crime of violence is about to be released from pretrial
detention, the agency having custody of the arrested or detained person or its designee
shall make a reasonable and good faith effort before release to inform orally the victim
or, if the victim is incapacitated, the same or next of kin, or if the victim is a minor, the
victim's parent or guardian of the following matters:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested
or detained person and, where applicable, the victim's right to be present at the court
appearance; and

(4) the location and telephone number of deleted text begin the deleted text end new text begin at least one new text end area deleted text begin sexual assault program
deleted text end new text begin crime victim service provider new text end as designated by the deleted text begin commissioner of corrections deleted text end new text begin Office
of Justice Programs in the Department of Public Safety new text end .

Subd. 2.

Written notice.

As soon as practicable after the arrested or detained person
is released, the agency having custody of the arrested or detained person or its designee
must personally deliver or mail to the alleged victim written notice of the information
contained in subdivision 1, clauses (2) and (3).

new text begin Subd. 3. new text end

new text begin Data. new text end

new text begin Data on the victim and the notice provided by the custodial authority
are private data on individuals as defined in section 13.02, subdivision 12, and are
accessible only to the victim.
new text end

Sec. 11. new text begin WORKING GROUP; REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Direction. new text end

new text begin By August 1, 2013, the Department of Public Safety shall
convene a working group to study how restitution is currently being requested, ordered,
and collected in Minnesota.
new text end

new text begin The commissioner of public safety shall invite representatives from the Department
of Corrections, city and county prosecuting agencies, statewide crime victim coalitions,
Minnesota Judicial Branch, county probation departments, Minnesota Association of
Community Corrections Act counties, Minnesota Board of Public Defenders, and other
interested parties to participate in the working group.
new text end

new text begin The state court administrator's office shall provide to the working group summary
data on the restitution.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The working group must review, assess, and make specific
recommendations with regard to the following areas:
new text end

new text begin (1) the process by which restitution is requested by victims and ordered by the
court, including procedures used by prosecutors' offices, probation and court services,
and court administration;
new text end

new text begin (2) the statutory mechanisms for collecting restitution, including the establishment
of payment plans, revenue recapture, and entry of civil judgments;
new text end

new text begin (3) state and local policies, procedures, and strategies for collecting restitution,
including restitution collection units, designated restitution probation officers, and
department of corrections administrative policies; and
new text end

new text begin (4) the extent to which data on restitution is collected.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The commissioner of public safety shall file a report
detailing the working group's findings and recommendations with the chairs and ranking
minority members of the house of representatives and senate committees having jurisdiction
over criminal justice policy and funding by January 15, 2015. The report may include
recommendations for legislation designed to improve, in a cost-efficient manner, the right
to restitution granted to victims of crime under Minnesota Statues, section 611A.04.
new text end

new text begin Subd. 4. new text end

new text begin Sunset. new text end

new text begin The working group shall sunset the day after the commissioner
submits the report under subdivision 3.
new text end