1.1                          A bill for an act 
  1.2             relating to the organization and operation of state 
  1.3             government; appropriating money for the judicial 
  1.4             branch, public safety, public defense, corrections, 
  1.5             and related purposes; providing for the implementation 
  1.6             of, clarifying, and modifying certain criminal and 
  1.7             juvenile provisions; providing for the implementation 
  1.8             of, clarifying, and modifying certain penalty 
  1.9             provisions; increasing the number of judges; 
  1.10            establishing and expanding pilot programs, grant 
  1.11            programs, task forces, committees, and studies; 
  1.12            directing that rules be adopted and amended; providing 
  1.13            for the implementation of, clarifying, and modifying 
  1.14            certain provisions regarding truancy and school 
  1.15            safety; providing penalties; amending Minnesota 
  1.16            Statutes 1994, sections 2.722, subdivision 1, and by 
  1.17            adding a subdivision; 3.732, subdivision 1; 16A.285; 
  1.18            120.14; 120.73, by adding a subdivision; 125.05, by 
  1.19            adding a subdivision; 125.09, subdivision 1; 127.20; 
  1.20            127.27, subdivision 10; 145A.05, subdivision 7a; 
  1.21            152.18, subdivision 1; 171.04, subdivision 1; 171.29, 
  1.22            subdivision 2; 176.192; 179A.03, subdivision 7; 
  1.23            242.31, subdivision 1; 243.166; 243.23, subdivision 3; 
  1.24            243.51, subdivisions 1 and 3; 243.88, by adding a 
  1.25            subdivision; 260.015, subdivision 21; 260.115, 
  1.26            subdivision 1; 260.125; 260.126, subdivision 5; 
  1.27            260.131, subdivision 4, and by adding a subdivision; 
  1.28            260.132, subdivisions 1, 4, and by adding a 
  1.29            subdivision; 260.155, subdivisions 2 and 4; 260.161, 
  1.30            subdivision 3; 260.181, subdivision 4; 260.185, by 
  1.31            adding subdivisions; 260.191, subdivision 1; 260.193, 
  1.32            subdivision 4; 260.195, subdivision 3, and by adding a 
  1.33            subdivision; 260.215, subdivision 1; 260.291, 
  1.34            subdivision 1; 271.06, subdivision 4; 299A.35, 
  1.35            subdivision 1; 299A.38, subdivision 2; 299A.44; 
  1.36            299A.51, subdivision 2; 299C.065, subdivisions 1a, 3, 
  1.37            and 3a; 299C.10, subdivision 1, and by adding a 
  1.38            subdivision; 299C.62, subdivision 4; 357.021, 
  1.39            subdivision 2; 364.09; 388.24, subdivision 4; 401.065, 
  1.40            subdivision 3a; 466.03, by adding a subdivision; 
  1.41            480.30; 481.01; 494.03; 518.165, by adding a 
  1.42            subdivision; 518B.01, subdivisions 2, 4, 8, 14, and by 
  1.43            adding a subdivision; 563.01, subdivision 3; 609.055, 
  1.44            subdivision 2; 609.101, subdivisions 1, 2, and 3; 
  1.45            609.135, by adding a subdivision; 609.1352, 
  1.46            subdivisions 3, 5, and by adding a subdivision; 
  2.1             609.152, subdivision 1; 609.19; 609.341, subdivision 
  2.2             11; 609.3451, subdivision 1; 609.485, subdivisions 2 
  2.3             and 4; 609.605, subdivision 4; 609.746, subdivision 1; 
  2.4             609.748, subdivision 3a; 609.749, subdivision 5; 
  2.5             611.17; 611.20, subdivision 3, and by adding 
  2.6             subdivisions; 611.27, subdivision 4; 611.35, 
  2.7             subdivision 1; 611A.01; 611A.04, subdivision 1; 
  2.8             611A.19, subdivision 1; 611A.31, subdivision 2; 
  2.9             611A.53, subdivision 2; 611A.71, subdivision 7; 
  2.10            611A.73, subdivision 3; 611A.74; 617.23; 624.22; 
  2.11            624.712, subdivision 5; 626.13; 626.841; 626.843, 
  2.12            subdivision 1; 626.861, subdivisions 1 and 4; 628.26; 
  2.13            629.341, subdivision 1; 629.715, subdivision 1; 
  2.14            629.72, subdivisions 1, 2, and 6; 641.14; and 641.15, 
  2.15            subdivision 2; Laws 1993, chapter 146, article 2, 
  2.16            section 31; Laws 1993, chapter 255, sections 1, 
  2.17            subdivisions 1 and 4; and 2; and Laws 1994, chapter 
  2.18            643, section 79, subdivisions 1, 3, and 4; proposing 
  2.19            coding for new law in Minnesota Statutes, chapters 8; 
  2.20            16B; 120; 127; 243; 244; 257; 260; 299A; 299C; 388; 
  2.21            504; 563; 609; 611A; 626; and 629; proposing coding 
  2.22            for new law as Minnesota Statutes, chapter 260A; 
  2.23            repealing Minnesota Statutes 1994, sections 126.25; 
  2.24            and 611A.61, subdivision 3; Laws 1994, chapter 576, 
  2.25            section 1. 
  2.26  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.27                             ARTICLE 1
  2.28                           APPROPRIATIONS
  2.29     Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.30     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.31  appropriated from the general fund, or another fund named, to 
  2.32  the agencies and for the purposes specified in this act, to be 
  2.33  available for the fiscal years indicated for each purpose.  The 
  2.34  figures "1996" and "1997," where used in this act, mean that the 
  2.35  appropriation or appropriations listed under them are available 
  2.36  for the year ending June 30, 1996, or June 30, 1997, 
  2.37  respectively. 
  2.38                          SUMMARY BY FUND
  2.39                                1996          1997          TOTAL
  2.40  General               $ 438,334,000 $ 429,192,000 $ 867,526,000
  2.41  Environmental                40,000        40,000        80,000
  2.42  Special Revenue           4,859,000     4,848,000     9,707,000
  2.43  Trunk Highway             1,694,000     1,696,000     3,390,000
  2.44  TOTAL                 $ 444,927,000 $ 435,776,000 $ 880,703,000
  2.45                                             APPROPRIATIONS 
  2.46                                         Available for the Year 
  2.47                                             Ending June 30 
  2.48                                            1996         1997 
  2.49  Sec. 2.  SUPREME COURT 
  3.1   Subdivision 1.  Total 
  3.2   Appropriation                       $ 20,340,000   $ 19,434,000
  3.3   The amounts that may be spent from this 
  3.4   appropriation for each program are 
  3.5   specified in the following subdivisions.
  3.6   Subd. 2.  Supreme Court Operations 
  3.7        3,975,000      3,987,000
  3.8   $2,500 the first year and $2,500 the 
  3.9   second year are for a contingent 
  3.10  account for expenses necessary for the 
  3.11  normal operation of the court for which 
  3.12  no other reimbursement is provided. 
  3.13  Subd. 3.  Civil Legal Services
  3.14       5,007,000      5,007,000
  3.15  This appropriation is for legal service 
  3.16  to low-income clients and for family 
  3.17  farm legal assistance under Minnesota 
  3.18  Statutes, section 480.242.  Any 
  3.19  unencumbered balance remaining in the 
  3.20  first year does not cancel but is 
  3.21  available for the second year of the 
  3.22  biennium.  A qualified legal services 
  3.23  program, as defined in Minnesota 
  3.24  Statutes, section 480.24, subdivision 
  3.25  3, may provide legal services to 
  3.26  persons eligible for family farm legal 
  3.27  assistance under Minnesota Statutes, 
  3.28  section 480.242. 
  3.29  The supreme court is requested to 
  3.30  create a joint committee including 
  3.31  representatives from the supreme court, 
  3.32  the Minnesota state bar association, 
  3.33  and the Minnesota legal services 
  3.34  coalition to prepare recommendations 
  3.35  for state funding changes or other 
  3.36  alternatives to maintain an adequate 
  3.37  level of funding and voluntary services 
  3.38  that will address the critical civil 
  3.39  legal needs of low income persons as a 
  3.40  result of reductions in federal 
  3.41  government funding for such programs.  
  3.42  The recommendations should be submitted 
  3.43  to the chairs of the judiciary finance 
  3.44  committee in the house of 
  3.45  representatives and the crime 
  3.46  prevention committee in the senate by 
  3.47  December 31, 1995. 
  3.48  Subd. 4.  Family Law Legal
  3.49  Services
  3.50         877,000        877,000
  3.51  This appropriation is to improve the 
  3.52  access of low-income clients to legal 
  3.53  representation in family law matters 
  3.54  and must be distributed under Minnesota 
  3.55  Statutes, section 480.242, to the 
  3.56  qualified legal services programs 
  3.57  described in Minnesota Statutes, 
  3.58  section 480.242, subdivision 2, 
  3.59  paragraph (a).  Any unencumbered 
  3.60  balance remaining in the first year 
  4.1   does not cancel and is available for 
  4.2   the second year of the biennium. 
  4.3   Subd. 5.  State Court Administration 
  4.4        8,507,000      7,574,000
  4.5   The nonfelony enforcement advisory 
  4.6   committee may seek additional funding 
  4.7   from public and private sources. 
  4.8   $500,000 the first year and $50,000 the 
  4.9   second year are for the statewide 
  4.10  juvenile criminal history system, 
  4.11  extended juvenile justice data, 
  4.12  statewide misdemeanor system, and the 
  4.13  tracking system for domestic abuse 
  4.14  orders for protection. 
  4.15  $73,000 the first year and $64,000 the 
  4.16  second year are to administer the 
  4.17  statewide criminal and juvenile justice 
  4.18  community model including salary 
  4.19  expenses. 
  4.20  $374,000 the first year is to implement 
  4.21  the electronic livescan/cardscan 
  4.22  fingerprint technology for the 
  4.23  statewide designated court locations in 
  4.24  accordance with the Minnesota criminal 
  4.25  and juvenile justice task force 
  4.26  recommendations. 
  4.27  $125,000 the first year and $125,000 
  4.28  the second year are to fund the 
  4.29  activities of the juvenile violence 
  4.30  prevention and enforcement unit. 
  4.31  Subd. 6.  Community Dispute Resolution 
  4.32         245,000        245,000
  4.33  Subd. 7.  Law Library Operations
  4.34       1,729,000      1,744,000
  4.35  Sec. 3.  COURT OF APPEALS              5,814,000      5,832,000
  4.36  Sec. 4.  DISTRICT COURTS              66,854,000     67,020,000
  4.37  $180,000 the first year and $180,000 
  4.38  the second year are for two referees in 
  4.39  the fourth judicial district, if a law 
  4.40  is enacted providing for a homestead 
  4.41  agricultural and credit assistance 
  4.42  offset in the same amount. 
  4.43  Sec. 5.  BOARD OF JUDICIAL  
  4.44  STANDARDS                                209,000        209,000
  4.45  Sec. 6.  TAX COURT                       592,000        592,000
  4.46  Sec. 7.  PUBLIC SAFETY
  4.47  Subdivision 1.  Total 
  4.48  Appropriation                         31,209,000     28,798,000
  4.49                Summary by Fund
  4.50                          1996          1997
  5.1   General              28,991,000    26,564,000
  5.2   Special Revenue         484,000       498,000 
  5.3   Trunk Highway         1,694,000     1,696,000 
  5.4   Environmental            40,000        40,000 
  5.5   The commissioner shall distribute 
  5.6   additional federal Byrne grant funds 
  5.7   received in federal fiscal year 1995 in 
  5.8   accordance with the commissioner of 
  5.9   public safety's May 12, 1995, letter to 
  5.10  the chairs of the house judiciary 
  5.11  finance committee and senate crime 
  5.12  prevention finance division. 
  5.13  Subd. 2.  Emergency Management 
  5.14                 2,520,000     1,985,000 
  5.15                Summary by Fund
  5.16  General                 2,480,000     1,945,000
  5.17  Environmental              40,000        40,000
  5.18  Subd. 3.  Driver and Vehicle Services 
  5.19          12,000           -0- 
  5.20  $12,000 the first year is for 
  5.21  improvements to the department's 
  5.22  driving records computer system to 
  5.23  better indicate to a peace officer 
  5.24  whether to impound the vehicle 
  5.25  registration plates of an individual 
  5.26  pursuant to Minnesota Statutes, section 
  5.27  168.042.  
  5.28  Subd. 4.  Criminal Apprehension 
  5.29      17,197,000     16,292,000
  5.30                Summary by Fund
  5.31  General              15,019,000    14,098,000
  5.32  Special Revenue         484,000       498,000
  5.33  Trunk Highway         1,694,000     1,696,000
  5.34  Notwithstanding any other law to the 
  5.35  contrary, the bureau of criminal 
  5.36  apprehension shall be responsible for 
  5.37  the following duties in addition to its 
  5.38  other duties: 
  5.39  (1) it shall administer and maintain 
  5.40  the computerized criminal history 
  5.41  record system; 
  5.42  (2) it shall administer and maintain 
  5.43  the fingerprint record system, 
  5.44  including the automated fingerprint 
  5.45  identification system; 
  5.46  (3) it shall administer and maintain 
  5.47  the electronic livescan receipt of 
  5.48  fingerprints system; 
  6.1   (4) it shall administer and maintain 
  6.2   the criminal justice data 
  6.3   communications network; 
  6.4   (5) it shall collect and preserve 
  6.5   statistics on crimes committed in this 
  6.6   state; 
  6.7   (6) it shall maintain a criminal 
  6.8   justice information system (CJIS) that 
  6.9   provides a capability for federal, 
  6.10  state, and local criminal justice 
  6.11  agencies to enter, store, and retrieve 
  6.12  documented information relating to 
  6.13  wanted persons, missing persons, and 
  6.14  stolen property; 
  6.15  (7) it shall be responsible for 
  6.16  performing criminal background checks 
  6.17  on employees, applicants for 
  6.18  employment, and volunteers, as 
  6.19  otherwise required by law; 
  6.20  (8) it shall be responsible for 
  6.21  reporting to the federal bureau of 
  6.22  investigation under the interstate 
  6.23  identification index system; and 
  6.24  (9) it shall administer and maintain 
  6.25  the forensic science laboratory. 
  6.26  The bureau of criminal apprehension 
  6.27  shall make public criminal history data 
  6.28  in its possession accessible to law 
  6.29  enforcement agencies by means of the 
  6.30  internet.  A prototype for making 
  6.31  public criminal history data accessible 
  6.32  by means of the internet shall be 
  6.33  available by March 31, 1996. 
  6.34  $500,000 the first year and $50,000 the 
  6.35  second year are for integration and 
  6.36  development of the statewide juvenile 
  6.37  criminal history system, extended 
  6.38  juvenile justice data system, statewide 
  6.39  misdemeanor system, and the tracking 
  6.40  system for domestic abuse orders for 
  6.41  protection with the bureau's 
  6.42  centralized computer systems. 
  6.43  Up to $1,000,000 from dedicated 
  6.44  noncriminal justice records fees may be 
  6.45  used to implement the electronic 
  6.46  livescan/cardscan fingerprint 
  6.47  technology for the statewide 
  6.48  arrest/booking locations in accordance 
  6.49  with the Minnesota criminal and 
  6.50  juvenile justice task force 
  6.51  recommendations. 
  6.52  $751,000 the first year and $510,000 
  6.53  the second year are to upgrade the 
  6.54  bureau's forensic laboratory to 
  6.55  implement new methods of DNA testing. 
  6.56  $60,000 the first year and $60,000 the 
  6.57  second year are to provide the 
  6.58  reimbursements authorized by Minnesota 
  6.59  Statutes, section 299C.063, subdivision 
  6.60  2. 
  7.1   $387,000 the first year and $398,000 
  7.2   the second year from the bureau of 
  7.3   criminal apprehension account in the 
  7.4   special revenue fund are for laboratory 
  7.5   activities. 
  7.6   $200,000 the first year and $200,000 
  7.7   the second year are for use by the 
  7.8   bureau of criminal apprehension for the 
  7.9   purpose of investigating 
  7.10  cross-jurisdictional criminal activity. 
  7.11  $97,000 the first year and $100,000 the 
  7.12  second year from the bureau of criminal 
  7.13  apprehension account in the special 
  7.14  revenue fund are for grants to local 
  7.15  officials for the cooperative 
  7.16  investigation of cross-jurisdictional 
  7.17  criminal activity.  Any unencumbered 
  7.18  balance remaining in the first year 
  7.19  does not cancel but is available for 
  7.20  the second year. 
  7.21  $250,000 the first year is for the 
  7.22  continuation of the crime fax 
  7.23  integrated criminal alert network 
  7.24  project. 
  7.25  $206,000 the first year and $206,000 
  7.26  the second year are for improvements in 
  7.27  the bureau's internal systems support 
  7.28  functions. 
  7.29  Subd. 5.  Fire Marshal 
  7.30       2,631,000      2,619,000
  7.31  The commissioner of health shall 
  7.32  transfer $333,000 the first year and 
  7.33  $333,000 the second year from the state 
  7.34  government special revenue fund to the 
  7.35  general fund to reimburse the general 
  7.36  fund for costs of fire safety 
  7.37  inspections performed by the state fire 
  7.38  marshal. 
  7.39  Of this appropriation, $14,000 is 
  7.40  appropriated from the general fund to 
  7.41  the commissioner of public safety to 
  7.42  implement and administer the fireworks 
  7.43  display operator certification program 
  7.44  under Minnesota Statutes, section 
  7.45  624.22. 
  7.46  Subd. 6.  Capitol Security 
  7.47       1,436,000      1,436,000
  7.48  Subd. 7.  Liquor Control 
  7.49         490,000        490,000
  7.50  Subd. 8.  Gambling Enforcement
  7.51       1,137,000      1,140,000
  7.52  Subd. 9.  Drug Policy and       
  7.53  Violence Prevention 
  7.54       3,571,000      2,621,000
  8.1   Of this appropriation, $852,000 in each 
  8.2   year of the biennium is to be 
  8.3   distributed by the commissioner of 
  8.4   public safety after consulting with the 
  8.5   chemical abuse and violence prevention 
  8.6   council.  Amounts not expended in the 
  8.7   first year of the biennium do not 
  8.8   cancel but may be expended in the 
  8.9   second year of the biennium. 
  8.10  $300,000 the first year is for grants 
  8.11  to local law enforcement jurisdictions 
  8.12  to develop three truancy service 
  8.13  centers under Minnesota Statutes, 
  8.14  proposed section 260A.04.  Applicants 
  8.15  must provide a one-to-one funding 
  8.16  match.  If the commissioner has 
  8.17  received applications from fewer than 
  8.18  three counties by the application 
  8.19  deadline, the commissioner may make 
  8.20  unallocated funds from this 
  8.21  appropriation available to an approved 
  8.22  grantee that can provide the required 
  8.23  one-to-one funding match for the 
  8.24  additional funds. 
  8.25  Of this appropriation, not less than 
  8.26  $75,000 in the first year and not less 
  8.27  than $75,000 in the second year are 
  8.28  appropriated to the commissioner of 
  8.29  public safety for transfer to the 
  8.30  commissioner of education for grants to 
  8.31  cities, counties, and school boards for 
  8.32  community violence prevention councils. 
  8.33  During the biennium, councils shall 
  8.34  identify community needs and resources 
  8.35  for violence prevention and development 
  8.36  services that address community needs 
  8.37  related to violence prevention. Any of 
  8.38  the funds awarded to school districts 
  8.39  but not expended in fiscal year 1996, 
  8.40  are available to the award recipient in 
  8.41  fiscal year 1997 for the same purposes 
  8.42  and activities. Any portion of the 1996 
  8.43  appropriation not spent in 1996 is 
  8.44  available in 1997. One hundred percent 
  8.45  of this aid must be paid in the current 
  8.46  fiscal year in the same manner as 
  8.47  specified in Minnesota Statutes, 
  8.48  section 124.195, subdivision 9. 
  8.49  Of this appropriation, $225,000 in each 
  8.50  year is for targeted early intervention 
  8.51  pilot project grants. 
  8.52  $50,000 the first year is for a grant 
  8.53  to a statewide program to create and 
  8.54  develop theatrical plays, workshops, 
  8.55  and educational resources based on a 
  8.56  peer education model that promotes 
  8.57  increased awareness and prevention of 
  8.58  sexual abuse, interpersonal violence, 
  8.59  and sexual harassment.  This 
  8.60  appropriation is available until June 
  8.61  30, 1997. 
  8.62  $25,000 the first year and $25,000 the 
  8.63  second year are to establish youth 
  8.64  neighborhood centers. 
  8.65  $100,000 the first year and $100,000 
  9.1   the second year are for a grant to the 
  9.2   Northwest Hennepin Human Services 
  9.3   Council to administer and expand the 
  9.4   Northwest law enforcement project to 
  9.5   municipal and county law enforcement 
  9.6   agencies throughout the metropolitan 
  9.7   area. 
  9.8   $100,000 the first year is for grants 
  9.9   for truancy reduction pilot programs. 
  9.10  $500,000 the first year is for grants 
  9.11  to local law enforcement agencies for 
  9.12  law enforcement officers assigned to 
  9.13  schools.  The grants may be used to 
  9.14  expand the assignment of law 
  9.15  enforcement officers to middle schools, 
  9.16  junior high schools, and high schools.  
  9.17  The grants may be used to provide the 
  9.18  local share required for eligibility 
  9.19  for federal funding for these 
  9.20  positions.  The amount of the state 
  9.21  grant must be matched by at least an 
  9.22  equal amount of money from nonstate 
  9.23  sources. 
  9.24  Subd. 10.  Crime Victims Services 
  9.25       2,012,000      2,012,000
  9.26  Of this amount, $50,000 may be used to 
  9.27  hire or contract with an attorney to 
  9.28  obtain and collect judgments for 
  9.29  amounts owed to victims by offenders. 
  9.30  Subd. 11.  Crime Victims Ombudsman 
  9.31         203,000        203,000
  9.32  Sec. 8.  BOARD OF PRIVATE DETECTIVE 
  9.33  AND PROTECTIVE AGENT SERVICES            102,000        115,000
  9.34  Of this appropriation, $10,000 is 
  9.35  appropriated for the biennium ending 
  9.36  June 30, 1997, for the purpose of 
  9.37  completing the adoption of agency rules 
  9.38  concerning training requirements and 
  9.39  training programs.  This appropriation 
  9.40  shall not become part of the base 
  9.41  funding for the 1998-1999 biennium. 
  9.42  Sec. 9.  BOARD OF PEACE OFFICER 
  9.43  STANDARDS AND TRAINING                 4,375,000      4,350,000
  9.44  This appropriation is from the peace 
  9.45  officers training account in the 
  9.46  special revenue fund.  Any receipts 
  9.47  credited to the peace officer training 
  9.48  account in the special revenue fund in 
  9.49  the first year in excess of $4,375,000 
  9.50  must be transferred and credited to the 
  9.51  general fund.  Any receipts credited to 
  9.52  the peace officer training account in 
  9.53  the special revenue fund in the second 
  9.54  year in excess of $4,350,000 must be 
  9.55  transferred and credited to the general 
  9.56  fund. 
  9.57  $850,000 the first year and $850,000 
  9.58  the second year are for law enforcement 
  9.59  educational programs provided by the 
 10.1   state colleges and universities. 
 10.2   $100,000 the first year and $100,000 
 10.3   the second year are for the development 
 10.4   of an advanced law enforcement degree 
 10.5   at the existing school of law 
 10.6   enforcement at Metropolitan State 
 10.7   University. 
 10.8   $203,000 the first year and $203,000 
 10.9   the second year shall be made available 
 10.10  to law enforcement agencies to pay 
 10.11  educational expenses and other costs of 
 10.12  students who have been given 
 10.13  conditional offers of employment by the 
 10.14  agency and who are enrolled in the 
 10.15  licensing core of a professional peace 
 10.16  officer education program.  No more 
 10.17  than $5,000 may be expended on a single 
 10.18  student. 
 10.19  $2,300,000 the first year and 
 10.20  $2,300,000 the second year are to 
 10.21  reimburse local law enforcement for the 
 10.22  cost of administering board-approved 
 10.23  continuing education to peace officers. 
 10.24  $50,000 in the first year and $50,000 
 10.25  in the second year shall be used to 
 10.26  provide DARE officer training. 
 10.27  $50,000 the first year and $25,000 the 
 10.28  second year are for transfers to the 
 10.29  crime victim and witness account in the 
 10.30  state treasury for the purposes 
 10.31  specified in Minnesota Statutes, 
 10.32  section 611A.675.  This sum is 
 10.33  available until expended. 
 10.34  The remaining money shall be spent for 
 10.35  the board's operations. 
 10.36  Sec. 10.  BOARD OF PUBLIC DEFENSE 
 10.37  Subdivision 1.  Total       
 10.38  Appropriation                         37,593,000     38,731,000
 10.39  None of this appropriation shall be 
 10.40  used to pay for lawsuits against public 
 10.41  agencies or public officials to change 
 10.42  social or public policy.  
 10.43  The amounts that may be spent from this 
 10.44  appropriation for each program are 
 10.45  specified in the following subdivisions.
 10.46  Subd. 2.  State Public      
 10.47  Defender 
 10.48       3,012,000      2,981,000
 10.49  Subd. 3.  District Public   
 10.50  Defense  
 10.51      33,836,000     35,009,000 
 10.52  $904,000 the first year and $904,000 
 10.53  the second year are for grants to the 
 10.54  five existing public defense 
 10.55  corporations under Minnesota Statutes, 
 10.56  section 611.216. 
 11.1   Subd. 4.  Board of Public   
 11.2   Defense  
 11.3          745,000        741,000
 11.4   For fiscal year 1997, the state board 
 11.5   of public defense shall provide pay 
 11.6   equity for the salaries of state 
 11.7   employed assistant district public 
 11.8   defenders and provide overhead 
 11.9   compensation to state employed 
 11.10  part-time assistant district public 
 11.11  defenders, consistent with the 
 11.12  legislative proposal based on the April 
 11.13  1995 house research department study 
 11.14  entitled Minnesota's Public Defender 
 11.15  Salaries:  A Research Study. 
 11.16  The appropriation to the board of 
 11.17  public defense in Laws 1995, chapter 
 11.18  48, section 2, does not expire and is 
 11.19  available until expended. 
 11.20  Sec. 11.  CORRECTIONS 
 11.21  Subdivision 1.  Total 
 11.22  Appropriation                        276,085,000    269,576,000
 11.23  The amounts that may be spent from this 
 11.24  appropriation for each program are 
 11.25  specified in the following subdivisions.
 11.26  Any unencumbered balances remaining in 
 11.27  the first year do not cancel but are 
 11.28  available for the second year of the 
 11.29  biennium. 
 11.30  Positions and administrative money may 
 11.31  be transferred within the department of 
 11.32  corrections as the commissioner 
 11.33  considers necessary, upon the advance 
 11.34  approval of the commissioner of finance.
 11.35  For the biennium ending June 30, 1997, 
 11.36  the commissioner of corrections may, 
 11.37  with the approval of the commissioner 
 11.38  of finance, transfer funds to or from 
 11.39  salaries. 
 11.40  Subd. 2.  Correctional 
 11.41  Institutions  
 11.42     186,467,000    179,533,000
 11.43  $50,000 is appropriated the first year 
 11.44  for a youth placement profile study. 
 11.45  The commissioner of corrections, in 
 11.46  consultation with the commissioner of 
 11.47  human services and the veterans homes 
 11.48  board, shall investigate alternatives 
 11.49  for housing geriatric inmates in the 
 11.50  custody of the commissioner of 
 11.51  corrections. 
 11.52  The commissioner of corrections shall 
 11.53  consider the cost-effectiveness of 
 11.54  various housing alternatives, the 
 11.55  possibility of federal reimbursement 
 11.56  under various alternatives, the impact 
 11.57  on existing correctional institutions, 
 12.1   any impact on clients served by 
 12.2   facilities operated by the departments 
 12.3   of human services and veterans affairs, 
 12.4   and the impact on existing employees 
 12.5   and the physical plant at alternative 
 12.6   sites.  The commissioner of corrections 
 12.7   shall consult with bargaining units 
 12.8   that represent state employees affected 
 12.9   by an alternative housing proposal.  
 12.10  The commissioner of corrections shall 
 12.11  report findings and recommendations to 
 12.12  the legislature by January 15, 1996. 
 12.13  During the biennium ending June 30, 
 12.14  1997, if it is necessary to reduce 
 12.15  services or staffing within a 
 12.16  correctional facility, the commissioner 
 12.17  or his designee shall meet with 
 12.18  affected exclusive representatives.  
 12.19  The commissioner shall make every 
 12.20  reasonable effort to retain 
 12.21  correctional officer and prison 
 12.22  industry employees should reductions be 
 12.23  necessary. 
 12.24  Subd. 3.  Community Services 
 12.25     71,076,000    71,481,000 
 12.26  Of this appropriation, $400,000 shall 
 12.27  be used for the biennium ending June 
 12.28  30, 1997, to provide operational 
 12.29  subsidies under Minnesota Statutes, 
 12.30  section 241.0221, subdivision 5, 
 12.31  paragraph (c), to eight-day temporary 
 12.32  holdover facilities in Washington and 
 12.33  Carver counties. 
 12.34  Of this appropriation, $250,000 is 
 12.35  available in each year of the biennium 
 12.36  for grants to counties under Minnesota 
 12.37  Statutes, section 169.1265, to pay the 
 12.38  costs of developing and operating 
 12.39  intensive probation programs for repeat 
 12.40  DWI offenders; provided that at least 
 12.41  one-half of this appropriation shall be 
 12.42  used for grants to counties seeking to 
 12.43  develop new programs. 
 12.44  The commissioner of public safety shall 
 12.45  impose a surcharge of $10 on each fee 
 12.46  charged for driver license 
 12.47  reinstatement under Minnesota Statutes, 
 12.48  section 171.29, subdivision 2, 
 12.49  paragraph (b), and shall forward these 
 12.50  surcharges to the commissioner of 
 12.51  finance on a monthly basis.  Upon 
 12.52  receipt, the commissioner of finance 
 12.53  shall credit the surcharges to the 
 12.54  remote electronic alcohol monitoring 
 12.55  pilot program account in the general 
 12.56  fund of the state treasury.  Of the 
 12.57  money in this account, up to $250,000 
 12.58  shall be available to the commissioner 
 12.59  of corrections in each year of the 
 12.60  biennium for the remote electronic 
 12.61  alcohol monitoring pilot program.  The 
 12.62  unencumbered balance remaining in the 
 12.63  first year does not cancel but is 
 12.64  available for the second year. 
 13.1   $3,586,000 the first year and 
 13.2   $7,314,000 the second year are for a 
 13.3   statewide probation and supervised 
 13.4   release caseload reduction grant 
 13.5   program.  Counties that deliver 
 13.6   correctional services through Minnesota 
 13.7   Statutes, chapter 260, and that qualify 
 13.8   for new probation officers under this 
 13.9   program shall receive full 
 13.10  reimbursement for the officers' 
 13.11  salaries and reimbursement for the 
 13.12  officers' benefits and support as set 
 13.13  forth in the probations standards task 
 13.14  force report, not to exceed $70,000 per 
 13.15  officer annually.  Positions funded by 
 13.16  this appropriation may not supplant 
 13.17  existing services.  Position control 
 13.18  numbers for these positions must be 
 13.19  annually reported to the commissioner 
 13.20  of corrections. 
 13.21  Notwithstanding Minnesota Statutes, 
 13.22  section 401.10, in fiscal year 1996 the 
 13.23  commissioner shall allocate $27,912,000 
 13.24  in community corrections act base 
 13.25  funding so that no county receives less 
 13.26  money in fiscal year 1996 than it 
 13.27  received in fiscal year 1995. 
 13.28  The chairs of the house judiciary 
 13.29  finance committee and the senate crime 
 13.30  prevention finance division or their 
 13.31  designees shall convene a work group to 
 13.32  review the current community 
 13.33  corrections equalization formula 
 13.34  contained in Minnesota Statutes, 
 13.35  section 401.10 and to develop a new 
 13.36  formula that is more fair and 
 13.37  equitable.  The work group shall 
 13.38  include representatives from the 
 13.39  legislature, the department of 
 13.40  corrections, and the Minnesota 
 13.41  association of community corrections 
 13.42  act counties.  The work group shall 
 13.43  develop the new formula by September 1, 
 13.44  1995, and present it for consideration 
 13.45  to the 1996 legislature. 
 13.46  In fiscal year 1997, if the legislature 
 13.47  enacts a new community corrections act 
 13.48  formula, the commissioner shall 
 13.49  allocate all community corrections act 
 13.50  funding according to the new formula. 
 13.51  In fiscal year 1996, the commissioner 
 13.52  shall distribute money appropriated for 
 13.53  state and county probation officer 
 13.54  caseload reduction, increased intensive 
 13.55  supervised release and probation 
 13.56  services, and county probation officer 
 13.57  reimbursement according to the formula 
 13.58  contained in Minnesota Statutes, 
 13.59  section 401.10.  These appropriations 
 13.60  may not be used to supplant existing 
 13.61  state or county probation officer 
 13.62  positions or existing correctional 
 13.63  services or programs.  The money 
 13.64  appropriated under this provision is 
 13.65  intended to reduce state and county 
 13.66  probation officer workload overcrowding 
 13.67  and to increase supervision of 
 14.1   individuals sentenced to probation at 
 14.2   the county level.  This increased 
 14.3   supervision may be accomplished through 
 14.4   a variety of methods, including but not 
 14.5   limited to: (1) innovative technology 
 14.6   services, such as automated probation 
 14.7   reporting systems and electronic 
 14.8   monitoring; (2) prevention and 
 14.9   diversion programs; (3) 
 14.10  intergovernmental cooperation 
 14.11  agreements between local governments 
 14.12  and appropriate community resources; 
 14.13  and (4) traditional probation program 
 14.14  services. 
 14.15  Of this appropriation, $75,000 in the 
 14.16  first year is to be transferred by the 
 14.17  commissioner of corrections to the 
 14.18  legislative auditor for a weighted 
 14.19  workload study to be used as a basis 
 14.20  for fund distributions across all three 
 14.21  probation delivery systems, based on 
 14.22  uniform workload standards and level of 
 14.23  risk of individual offenders, and to 
 14.24  make ongoing outcome data available on 
 14.25  cases.  
 14.26  The study must recommend to the 
 14.27  legislature by January 10, 1996, a 
 14.28  statewide, uniform workload system and 
 14.29  definitions of levels of risk; a 
 14.30  standardized data collection system 
 14.31  using the uniform definitions of 
 14.32  workload and risk and a timeline for 
 14.33  reporting data; and a new mechanism or 
 14.34  formula for aid distribution based on 
 14.35  the data, that could be operational by 
 14.36  July 1, 1996. 
 14.37  In fiscal year 1997, the commissioner 
 14.38  shall distribute money appropriated for 
 14.39  state and county probation officer 
 14.40  caseload reduction, increased intensive 
 14.41  supervised release and reimbursement 
 14.42  according to uniform workload standards 
 14.43  and definitions of levels of risk 
 14.44  adopted by the legislature after review 
 14.45  of the legislative auditor's weighted 
 14.46  workload study. 
 14.47  Of this appropriation, $3,400,000 the 
 14.48  first year and $3,400,000 the second 
 14.49  year are for the extended jurisdiction 
 14.50  juvenile partnership program subsidy.  
 14.51  Each county will be charged a sum equal 
 14.52  to the per diem cost of confinement of 
 14.53  those juveniles under 18 years of age 
 14.54  convicted as extended jurisdiction 
 14.55  juveniles and committed to the 
 14.56  commissioner after July 1, 1995, and 
 14.57  confined in a state correctional 
 14.58  facility.  Provided, however, that the 
 14.59  amount charged a county for the costs 
 14.60  of confinement shall not exceed the 
 14.61  extended jurisdiction juvenile subsidy 
 14.62  to which the county is eligible.  All 
 14.63  charges shall be upon the county of 
 14.64  commitment.  Nothing in this section 
 14.65  shall relieve counties participating in 
 14.66  the community corrections act from the 
 14.67  requirement to pay per diem costs as 
 15.1   prescribed in Minnesota Statutes, 
 15.2   chapter 401. 
 15.3   $1,000,000 the first year and 
 15.4   $1,000,000 the second year are for 
 15.5   grants for a comprehensive continuum of 
 15.6   care for juveniles at high risk to 
 15.7   become extended jurisdiction juveniles 
 15.8   and for extended jurisdiction juveniles.
 15.9   The sentencing to service program shall 
 15.10  include at least three work crews whose 
 15.11  primary function is the removal of 
 15.12  graffiti and other defacing signs and 
 15.13  symbols from public property and from 
 15.14  the property of requesting private 
 15.15  property owners. 
 15.16  $500,000 in the first year is for 
 15.17  grants to family services 
 15.18  collaboratives to establish youth 
 15.19  service center pilot projects for 
 15.20  juveniles under the jurisdiction of the 
 15.21  juvenile court.  The centers may 
 15.22  provide medical, educational, 
 15.23  job-related and social service 
 15.24  programs.  At least two-thirds of the 
 15.25  funds appropriated shall be awarded to 
 15.26  collaboratives in the first, third, 
 15.27  fifth, sixth, seventh, eighth, ninth, 
 15.28  or tenth judicial districts.  A written 
 15.29  report, detailing the impact of the 
 15.30  projects, shall be presented to the 
 15.31  legislature on January 1, 1997. 
 15.32  $2,161,000 is appropriated from the 
 15.33  general fund for the fiscal biennium 
 15.34  ending June 30, 1997, to develop and 
 15.35  implement the productive day initiative 
 15.36  program established in Minnesota 
 15.37  Statutes, section 241.275.  Of this 
 15.38  amount, 11 percent shall be distributed 
 15.39  to Anoka county and 11 percent to 
 15.40  Olmsted county.  The remainder shall be 
 15.41  distributed pro rata to Hennepin and 
 15.42  Ramsey counties and to Arrowhead 
 15.43  regional corrections.  The recipients 
 15.44  must provide an equal match of local 
 15.45  government resources. 
 15.46  $200,000 for the biennium ending June 
 15.47  30, 1997, is to be used by the 
 15.48  commissioner of corrections to develop 
 15.49  a grant for the development and 
 15.50  implementation of a criterion-related 
 15.51  cross validation study designed to 
 15.52  measure outcomes of placing juveniles 
 15.53  in out-of-home placement programs.  The 
 15.54  study must be completed in two years.  
 15.55  The goals of the study are to: 
 15.56  (1) provide outcome data as a result of 
 15.57  out-of-home placement intervention for 
 15.58  juveniles; 
 15.59  (2) provide a measurement to predict 
 15.60  the future behavior of juveniles; and 
 15.61  (3) identify the particular character 
 15.62  traits of juveniles that each program 
 15.63  treats most effectively so as to place 
 16.1   juveniles in facilities that are best 
 16.2   suited to providing effective treatment.
 16.3   $12,000 the first year is to adopt 
 16.4   rules and administer the advisory 
 16.5   committee on juvenile facility 
 16.6   programming rules. 
 16.7   $25,000 the first year is to conduct a 
 16.8   study on the use of secure treatment 
 16.9   facilities for juveniles. 
 16.10  None of this appropriation shall be 
 16.11  used to pay for biomedical intervention 
 16.12  for sex offenders. 
 16.13  Subd. 4.  Management Services  
 16.14      18,542,000     18,562,000
 16.15  Of this appropriation, $200,000 is 
 16.16  appropriated for the biennium ending 
 16.17  June 30, 1997, to be transferred to the 
 16.18  ombudsman for crime victims. 
 16.19  During the biennium ending June 30, 
 16.20  1997, when awarding grants for victim's 
 16.21  programs and services, the commissioner 
 16.22  shall give priority to geographic areas 
 16.23  that are unserved or underserved by 
 16.24  programs or services. 
 16.25  Of this appropriation $325,000 is 
 16.26  appropriated from the general fund to 
 16.27  the commissioner of corrections for the 
 16.28  purpose of funding battered women's 
 16.29  services under Minnesota Statutes, 
 16.30  section 611A.32.  The services to be 
 16.31  funded include: 
 16.32  (1) Asian battered women's shelter; 
 16.33  (2) African-American battered women's 
 16.34  shelter; 
 16.35  (3) child advocacy services in battered 
 16.36  women programs; and 
 16.37  (4) community-based domestic abuse 
 16.38  advocacy and support services programs 
 16.39  in judicial districts not currently 
 16.40  receiving grants from the commissioner. 
 16.41  Of this appropriation, $325,000 is 
 16.42  appropriated in fiscal years 1996 and 
 16.43  1997 from the general fund to the 
 16.44  commissioner of corrections to be used 
 16.45  to fund grants to sexual assault 
 16.46  programs.  Grant money for sexual 
 16.47  assault programs may be used to:  
 16.48  (1) establish and maintain sexual 
 16.49  assault services; 
 16.50  (2) increase the funding base for 
 16.51  providers of services to victims of 
 16.52  sexual assault; 
 16.53  (3) establish and maintain six new 
 16.54  programs to serve unserviced and 
 16.55  underserviced populations; and 
 17.1   (4) fund special need programs. 
 17.2   $100,000 the first year and $100,000 
 17.3   the second year are to develop a 
 17.4   continuum of care for juvenile female 
 17.5   offenders.  The commissioner of 
 17.6   corrections shall collaborate with the 
 17.7   commissioners of human services, 
 17.8   health, economic security, planning, 
 17.9   education, and public safety and with 
 17.10  representatives of the private sector 
 17.11  to develop a comprehensive continuum of 
 17.12  care to address the gender-specific 
 17.13  needs of juvenile female offenders. 
 17.14  Of this amount, $455,000 the first year 
 17.15  and $375,000 the second year are for 
 17.16  increased rent for an increase in space 
 17.17  and for the destruction of building No. 
 17.18  30 at the Minnesota Correctional 
 17.19  Facility, Willow River - Moose Lake.  
 17.20  When the department of human services 
 17.21  receives federal reimbursement for the 
 17.22  destruction of building No. 30, the 
 17.23  department of human services must 
 17.24  transfer the federal funds it receives 
 17.25  to the department of corrections. 
 17.26  The department of corrections shall 
 17.27  develop options for achieving equity in 
 17.28  its employee pension program by 
 17.29  December 1, 1995.  The plan must 
 17.30  consider financially responsible 
 17.31  mechanisms to achieve pension equity, 
 17.32  including but not limited to, changing 
 17.33  participation rates, age of retirement, 
 17.34  and benefits provided under the plan.  
 17.35  The departments of corrections and 
 17.36  human services shall consult with 
 17.37  affected employee unions in developing 
 17.38  a plan and shall bear the cost of any 
 17.39  actuarial studies needed to establish 
 17.40  the cost of possible options.  The 
 17.41  department shall propose legislation 
 17.42  during the 1996 regular session to 
 17.43  implement a plan. 
 17.44  Sec. 12.  CORRECTIONS OMBUDSMAN          530,000        530,000
 17.45  Sec. 13.  SENTENCING GUIDELINES 
 17.46  COMMISSION                               369,000        371,000
 17.47  Sec. 14.  ATTORNEY GENERAL               125,000        125,000
 17.48  $125,000 the first year and $125,000 
 17.49  the second year are for the advisory 
 17.50  council on drug abuse resistance 
 17.51  education for drug abuse resistance 
 17.52  education programs under Minnesota 
 17.53  Statutes, section 299A.331. 
 17.54  Sec. 15.  HUMAN SERVICES                 150,000         93,000
 17.55  $100,000 is appropriated from the 
 17.56  general fund to the commissioner of 
 17.57  human services for the fiscal biennium 
 17.58  ending June 30, 1997, to provide grants 
 17.59  to agencies for interdisciplinary 
 17.60  training of criminal justice officials 
 17.61  who conduct forensic interviews of 
 18.1   children who report being sexually 
 18.2   abused.  
 18.3   $93,000 is appropriated from the 
 18.4   general fund to the commissioner of 
 18.5   human services for the child abuse help 
 18.6   line established under this act to be 
 18.7   available until June 30, 1997. 
 18.8   $25,000 the first year and $25,000 the 
 18.9   second year are for a grant to a 
 18.10  nonprofit, statewide child abuse 
 18.11  prevention organization whose primary 
 18.12  focus is parental self-help and support.
 18.13  Sec. 16.  EDUCATION                      500,000           -0-
 18.14  $500,000 the first year is for grants 
 18.15  to school districts for alternative 
 18.16  programming for at-risk and in-risk 
 18.17  students. 
 18.18  Sec. 17.  HEALTH                          80,000           -0- 
 18.19  This amount is for expanded projects 
 18.20  for the Institute of Child and 
 18.21  Adolescent Sexual Health. 
 18.22     Sec. 18.  Minnesota Statutes 1994, section 16A.285, is 
 18.23  amended to read: 
 18.24     16A.285 [ALLOWED APPROPRIATION TRANSFERS.] 
 18.25     An agency in the executive, legislative, or judicial branch 
 18.26  may transfer state agency operational money between programs 
 18.27  within the same fund if:  (1) the agency first notifies the 
 18.28  commissioner as to the type and intent of the transfer; and (2) 
 18.29  the transfer is consistent with legislative intent.  If an 
 18.30  amount is specified for an item within an activity, that amount 
 18.31  must not be transferred or used for any other purpose. 
 18.32     The commissioner shall report the transfers to the chairs 
 18.33  of the senate finance and house of representatives ways and 
 18.34  means committees. 
 18.35     Sec. 19.  Minnesota Statutes 1994, section 243.51, 
 18.36  subdivision 1, is amended to read: 
 18.37     Subdivision 1.  The commissioner of corrections is hereby 
 18.38  authorized to contract with agencies and bureaus of the United 
 18.39  States attorney general and with the proper officials of other 
 18.40  states or a county of this state for the custody, care, 
 18.41  subsistence, education, treatment and training of persons 
 18.42  convicted of criminal offenses constituting felonies in the 
 18.43  courts of this state, the United States, or other states of the 
 19.1   United States.  Such contracts shall provide for reimbursing the 
 19.2   state of Minnesota for all costs or other expenses involved.  
 19.3   Funds received under such contracts shall be deposited in the 
 19.4   state treasury to the credit of the facility in which such 
 19.5   persons may be confined and are appropriated to the commissioner 
 19.6   of corrections for correctional purposes.  Any prisoner 
 19.7   transferred to the state of Minnesota pursuant to this 
 19.8   subdivision shall be subject to the terms and conditions of the 
 19.9   prisoner's original sentence as if the prisoner were serving the 
 19.10  same within the confines of the state in which the conviction 
 19.11  and sentence was had or in the custody of the United 
 19.12  States attorney general.  Nothing herein shall deprive such 
 19.13  inmate of the right to parole or the rights to legal process in 
 19.14  the courts of this state.  
 19.15     Sec. 20.  Minnesota Statutes 1994, section 243.51, 
 19.16  subdivision 3, is amended to read: 
 19.17     Subd. 3.  [TEMPORARY DETENTION.] The commissioner of 
 19.18  corrections is authorized to contract with agencies and bureaus 
 19.19  of the United States attorney general and with the appropriate 
 19.20  officials of any other state or county of this state for the 
 19.21  temporary detention of any person in custody pursuant to any 
 19.22  process issued under the authority of the United States, other 
 19.23  states of the United States, or the district courts of this 
 19.24  state.  The contract shall provide for reimbursement to the 
 19.25  state of Minnesota for all costs and expenses involved.  Money 
 19.26  received under contracts shall be deposited in the state 
 19.27  treasury to the credit of the facility in which the persons may 
 19.28  be confined and are appropriated to the commissioner of 
 19.29  corrections for correctional purposes. 
 19.30     Sec. 21.  Minnesota Statutes 1994, section 626.861, 
 19.31  subdivision 4, is amended to read: 
 19.32     Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] (a) Receipts 
 19.33  from penalty assessments must be credited to a peace officer 
 19.34  officers training account in the special revenue fund.  The 
 19.35  peace officers standards and training board shall make the 
 19.36  following allocations from appropriated funds, net of operating 
 20.1   expenses:  
 20.2      (1) for fiscal year 1994: 
 20.3      (i) at least 25 percent for reimbursement to board-approved 
 20.4   skills courses; and 
 20.5      (ii) at least 13.5 percent for the school of law 
 20.6   enforcement; 
 20.7      (2) for fiscal year 1995: 
 20.8      (i) at least 17 percent to the community college system for 
 20.9   one-time start-up costs associated with the transition to an 
 20.10  integrated academic program; 
 20.11     (ii) at least eight percent for reimbursement to 
 20.12  board-approved skills courses in the technical college system; 
 20.13  and 
 20.14     (iii) at least 13.5 percent for the school of law 
 20.15  enforcement. 
 20.16     The balance in each year may be used to pay each local unit 
 20.17  of government an amount in proportion to the number of licensed 
 20.18  peace officers and constables employed, at a rate to be 
 20.19  determined by the board.  The disbursed amount must be used 
 20.20  exclusively for reimbursement of the cost of in-service training 
 20.21  required under this chapter and chapter 214. 
 20.22     (b) The board must not reduce allocations to law 
 20.23  enforcement agencies or higher education systems or institutions 
 20.24  to fund legal costs or other board-operating expenses not 
 20.25  presented in the board's biennial legislative budget request. 
 20.26     (c) No school in Minnesota certified by the board shall 
 20.27  provide a nondegree professional peace officer education program 
 20.28  for any state agency or local law enforcement agency after 
 20.29  December 31, 1994, without affirmative legislative approval. 
 20.30     Sec. 22. [CONSOLIDATION OF VICTIM SERVICES.] 
 20.31     Notwithstanding any provision to the contrary, the funds 
 20.32  appropriated for the fiscal year ending June 30, 1997 to the 
 20.33  department of corrections for victim services, the department of 
 20.34  public safety for crime victim services and the supreme court 
 20.35  for community dispute resolution shall not be available unless 
 20.36  the departments of corrections and public safety and the supreme 
 21.1   court provide a plan to the legislature by January 1, 1996.  The 
 21.2   plan shall be developed in consultation with affected 
 21.3   constituent groups and shall include the following: 
 21.4      (1) An agreed upon staffing structure to be implemented no 
 21.5   later than July 1, 1996, that places all of the named victim 
 21.6   services programs in one agency; and 
 21.7      (2) Recommendations on a structure for constituent advisory 
 21.8   participation in administering programs in the victim services 
 21.9   unit, including functions of the sexual assault advisory council 
 21.10  under section 611A.32, the battered women advisory council under 
 21.11  section 611A.34, the general crime victims advisory council 
 21.12  under section 611A.361, the abused children advisory council 
 21.13  under section 611A.365, and the crime victim and witness 
 21.14  advisory council under section 611A.71. 
 21.15     Until an advisory structure is implemented, members of 
 21.16  existing councils may receive expense reimbursements as 
 21.17  specified in Minnesota Statutes, section 15.059. 
 21.18     The plan shall be submitted to the chairs of the house 
 21.19  judiciary committee and the senate crime prevention committee. 
 21.20                             ARTICLE 2
 21.21                               CRIME
 21.22     Section 1.  Minnesota Statutes 1994, section 145A.05, 
 21.23  subdivision 7a, is amended to read: 
 21.24     Subd. 7a.  [CURFEW.] A county board may adopt an ordinance 
 21.25  establishing a countywide curfew for unmarried persons under 
 21.26  17 18 years of age.  If the county board of a county located in 
 21.27  the seven-county metropolitan area adopts a curfew ordinance 
 21.28  under this subdivision, the ordinance shall contain an earlier 
 21.29  curfew for children under the age of 12 than for older children. 
 21.30     Sec. 2.  Minnesota Statutes 1994, section 152.18, 
 21.31  subdivision 1, is amended to read: 
 21.32     Subdivision 1.  If any person who has not previously 
 21.33  participated in or completed a diversion program authorized 
 21.34  under section 401.065 or who has not previously been placed on 
 21.35  probation without a judgment of guilty and thereafter been 
 21.36  discharged from probation under this section is found guilty of 
 22.1   a violation of section 152.024, subdivision 2, 152.025, 
 22.2   subdivision 2, or 152.027, subdivision 2, 3, or 4, for 
 22.3   possession of a controlled substance, after trial or upon a plea 
 22.4   of guilty, and the court determines that the violation does not 
 22.5   qualify as a subsequent controlled substance conviction under 
 22.6   section 152.01, subdivision 16a, the court may, without entering 
 22.7   a judgment of guilty and with the consent of the person, defer 
 22.8   further proceedings and place the person on probation upon such 
 22.9   reasonable conditions as it may require and for a period, not to 
 22.10  exceed the maximum sentence provided for the violation.  The 
 22.11  court may give the person the opportunity to attend and 
 22.12  participate in an appropriate program of education regarding the 
 22.13  nature and effects of alcohol and drug abuse as a stipulation of 
 22.14  probation.  Upon violation of a condition of the probation, the 
 22.15  court may enter an adjudication of guilt and proceed as 
 22.16  otherwise provided.  The court may, in its discretion, dismiss 
 22.17  the proceedings against the person and discharge the person from 
 22.18  probation before the expiration of the maximum period prescribed 
 22.19  for the person's probation.  If during the period of probation 
 22.20  the person does not violate any of the conditions of the 
 22.21  probation, then upon expiration of the period the court shall 
 22.22  discharge the person and dismiss the proceedings against that 
 22.23  person.  Discharge and dismissal under this subdivision shall be 
 22.24  without court adjudication of guilt, but a not public record of 
 22.25  it shall be retained by the department of public safety for the 
 22.26  purpose of use by the courts in determining the merits of 
 22.27  subsequent proceedings against the person.  The not public 
 22.28  record may also be opened only upon court order for purposes of 
 22.29  a criminal investigation, prosecution, or sentencing.  Upon 
 22.30  request by law enforcement, prosecution, or corrections 
 22.31  authorities, the department shall notify the requesting party of 
 22.32  the existence of the not public record and the right to seek a 
 22.33  court order to open it pursuant to this section.  The court 
 22.34  shall forward a record of any discharge and dismissal under this 
 22.35  subdivision to the department of public safety who shall make 
 22.36  and maintain the not public record of it as provided under this 
 23.1   subdivision.  The discharge or dismissal shall not be deemed a 
 23.2   conviction for purposes of disqualifications or disabilities 
 23.3   imposed by law upon conviction of a crime or for any other 
 23.4   purpose. 
 23.5      For purposes of this subdivision, "not public" has the 
 23.6   meaning given in section 13.02, subdivision 8a.  
 23.7      Sec. 3.  Minnesota Statutes 1994, section 299A.38, 
 23.8   subdivision 2, is amended to read: 
 23.9      Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
 23.10  and heads of local law enforcement agencies who buy vests for 
 23.11  the use of peace officer employees may apply to the commissioner 
 23.12  for reimbursement of funds spent to buy vests.  On approving an 
 23.13  application for reimbursement, the commissioner shall pay the 
 23.14  applicant an amount equal to the lesser of one-third one-half of 
 23.15  the vest's purchase price or $165 $300.  The political 
 23.16  subdivision that employs the peace officer shall pay at least 
 23.17  the lesser of one-third one-half of the vest's purchase price or 
 23.18  $165 $300.  The political subdivision may not deduct or pay its 
 23.19  share of the vest's cost from any clothing, maintenance, or 
 23.20  similar allowance otherwise provided to the peace officer by the 
 23.21  law enforcement agency. 
 23.22     Sec. 4.  Minnesota Statutes 1994, section 299A.44, is 
 23.23  amended to read: 
 23.24     299A.44 [DEATH BENEFIT.] 
 23.25     Subdivision 1.  [PAYMENT REQUIRED.] On certification to the 
 23.26  governor by the commissioner of public safety that a public 
 23.27  safety officer employed within this state has been killed in the 
 23.28  line of duty, leaving a spouse or one or more eligible 
 23.29  dependents, the commissioner of finance shall pay $100,000 from 
 23.30  the public safety officer's benefit account, as follows: 
 23.31     (1) if there is no dependent child, to the spouse; 
 23.32     (2) if there is no spouse, to the dependent child or 
 23.33  children in equal shares; 
 23.34     (3) if there are both a spouse and one or more dependent 
 23.35  children, one-half to the spouse and one-half to the child or 
 23.36  children, in equal shares; 
 24.1      (4) if there is no surviving spouse or dependent child or 
 24.2   children, to the parent or parents dependent for support on the 
 24.3   decedent, in equal shares; or 
 24.4      (5) if there is no surviving spouse, dependent child, or 
 24.5   dependent parent, then no payment may be made from the public 
 24.6   safety officer's benefit fund.  
 24.7      Subd. 2.  [ADJUSTMENT OF BENEFIT.] On October 1 of each 
 24.8   year beginning after the effective date of this subdivision, the 
 24.9   commissioner of public safety shall adjust the level of the 
 24.10  benefit payable immediately before October 1 under subdivision 
 24.11  1, to reflect the annual percentage change in the Consumer Price 
 24.12  Index for all urban consumers, published by the federal Bureau 
 24.13  of Labor Statistics, occurring in the one-year period ending on 
 24.14  June 1 immediately preceding such October 1. 
 24.15     Sec. 5.  [388.25] [SEX OFFENDER SENTENCING; TRAINING FOR 
 24.16  PROSECUTORS AND PEACE OFFICERS.] 
 24.17     The county attorneys association, in conjunction with the 
 24.18  attorney general's office and the bureau of criminal 
 24.19  apprehension, shall conduct an annual training course for 
 24.20  prosecutors, public defenders, and peace officers on the 
 24.21  specific sentencing statutes and sentencing guidelines 
 24.22  applicable to persons convicted of sex offenses and crimes that 
 24.23  are sexually motivated.  The training shall focus on the 
 24.24  sentencing provisions applicable to repeat sex offenders and 
 24.25  patterned sex offenders.  The course may be combined with other 
 24.26  training conducted by the county attorneys association or other 
 24.27  groups. 
 24.28     Sec. 6.  Minnesota Statutes 1994, section 480.30, is 
 24.29  amended to read: 
 24.30     480.30 [JUDICIAL TRAINING.] 
 24.31     Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
 24.32  The supreme court's judicial education program must include 
 24.33  ongoing training for district court judges on child and 
 24.34  adolescent sexual abuse, domestic abuse, harassment, stalking, 
 24.35  and related civil and criminal court issues.  The program must 
 24.36  include information about the specific needs of victims.  The 
 25.1   program must include education on the causes of sexual abuse and 
 25.2   family violence and culturally responsive approaches to serving 
 25.3   victims.  The program must emphasize the need for the 
 25.4   coordination of court and legal victim advocacy services and 
 25.5   include education on sexual abuse and domestic abuse programs 
 25.6   and policies within law enforcement agencies and prosecuting 
 25.7   authorities as well as the court system.  
 25.8      Subd. 2.  [SEXUAL VIOLENCE.] The supreme court's judicial 
 25.9   education program must include ongoing training for judges, 
 25.10  judicial officers, court services personnel, and sex offender 
 25.11  assessors on the specific sentencing statutes and sentencing 
 25.12  guidelines applicable to persons convicted of sex offenses and 
 25.13  other crimes that are sexually motivated.  The training shall 
 25.14  focus on the sentencing provisions applicable to repeat sex 
 25.15  offenders and patterned sex offenders.  
 25.16     Subd. 3.  [BAIL EVALUATIONS.] The supreme court's judicial 
 25.17  education program also must include training for judges, 
 25.18  judicial officers, and court services personnel on how to assure 
 25.19  that their bail evaluations and decisions are racially and 
 25.20  culturally neutral. 
 25.21     Sec. 7.  Minnesota Statutes 1994, section 494.03, is 
 25.22  amended to read: 
 25.23     494.03 [EXCLUSIONS.] 
 25.24     The guidelines shall exclude:  
 25.25     (1) any dispute involving violence against persons, 
 25.26  including in which incidents arising out of situations that 
 25.27  would support charges under sections 609.221 to 609.2231, 
 25.28  609.342 to 609.345, or 609.365, or any other felony charges; 
 25.29     (2) any matter involving a person who has been adjudicated 
 25.30  incompetent or relating to guardianship, 
 25.31  conservatorship competency, or civil commitment; 
 25.32     (3) any matter involving a person who has been adjudicated 
 25.33  incompetent or relating to guardianship or conservatorship 
 25.34  unless the incompetent person is accompanied by a competent 
 25.35  advocate or the respondent in a guardianship or conservatorship 
 25.36  matter is represented by an attorney, guardian ad litum, or 
 26.1   other representative appointed by the court; 
 26.2      (4) any matter involving neglect or dependency, or 
 26.3   involving termination of parental rights arising under sections 
 26.4   260.221 to 260.245; and 
 26.5      (4) (5) any matter arising under section 626.557 or 
 26.6   sections 144.651 to 144.652, or any dispute subject to chapters 
 26.7   518, 518A, and 518B, and 518C, whether or not an action is 
 26.8   pending, except for postdissolution property distribution 
 26.9   matters and postdissolution visitation matters.  This shall not 
 26.10  restrict the present authority of the court or departments of 
 26.11  the court from accepting for resolution a dispute arising under 
 26.12  chapters 518, 518A, and 518C 518B, or from referring disputes 
 26.13  arising under chapters 518, and 518A to for-profit mediation. 
 26.14     Sec. 8.  Minnesota Statutes 1994, section 609.101, 
 26.15  subdivision 1, is amended to read: 
 26.16     Subdivision 1.  [SURCHARGES AND ASSESSMENTS.] (a) When a 
 26.17  court sentences a person convicted of a felony, gross 
 26.18  misdemeanor, or misdemeanor, other than a petty misdemeanor such 
 26.19  as a traffic or parking violation, and if the sentence does not 
 26.20  include payment of a fine, the court shall impose an assessment 
 26.21  of not less than $25 nor more than $50.  If the sentence for the 
 26.22  felony, gross misdemeanor, or misdemeanor includes payment of a 
 26.23  fine of any amount, including a fine of less than $100, the 
 26.24  court shall impose a surcharge on the fine of 20 percent of the 
 26.25  fine.  This section applies whether or not the person is 
 26.26  sentenced to imprisonment and when the sentence is suspended.  
 26.27     (b) In addition to the assessments in paragraph (a), the 
 26.28  court shall assess the following surcharges a surcharge of $20 
 26.29  after a person is convicted: 
 26.30     (1) for a person charged with a felony, $25; 
 26.31     (2) for a person charged with a gross misdemeanor, $15; 
 26.32     (3) for a person charged with a misdemeanor other than a 
 26.33  traffic, parking, or local ordinance violation, $10; and 
 26.34     (4) for a person charged with a local ordinance violation 
 26.35  other than a parking or traffic violation, $5 of a violation of 
 26.36  state law or local ordinance, other than a traffic or parking 
 27.1   violation.  
 27.2   The surcharge must be assessed for the original charge, whether 
 27.3   or not it is subsequently reduced.  A person charged on more 
 27.4   than one count may be assessed only one surcharge under this 
 27.5   paragraph, but must be assessed for the most serious offense.  
 27.6   This paragraph applies whether or not the person is sentenced to 
 27.7   imprisonment and when the sentence is suspended. 
 27.8      (c) If the court fails to impose an assessment required by 
 27.9   paragraph (a), the court administrator shall correct the record 
 27.10  to show imposition of an assessment of $25 if the sentence does 
 27.11  not include payment of a fine, or if the sentence includes a 
 27.12  fine, to show an imposition of a surcharge of ten percent of the 
 27.13  fine.  If the court fails to impose an assessment required by 
 27.14  paragraph (b), the court administrator shall correct the record 
 27.15  to show imposition of the assessment described in paragraph (b). 
 27.16     (d) Except for assessments and surcharges imposed on 
 27.17  persons convicted of violations described in section 97A.065, 
 27.18  subdivision 2, the court shall collect and forward to the 
 27.19  commissioner of finance the total amount of the assessments or 
 27.20  surcharges and the commissioner shall credit all money so 
 27.21  forwarded to the general fund. 
 27.22     (e) If the convicted person is sentenced to imprisonment, 
 27.23  the chief executive officer of the correctional facility in 
 27.24  which the convicted person is incarcerated may collect the 
 27.25  assessment or surcharge from any earnings the inmate accrues for 
 27.26  work performed in the correctional facility and forward the 
 27.27  amount to the commissioner of finance, indicating the part that 
 27.28  was imposed for violations described in section 97A.065, 
 27.29  subdivision 2, which must be credited to the game and fish fund. 
 27.30     Sec. 9.  Minnesota Statutes 1994, section 609.101, 
 27.31  subdivision 2, is amended to read: 
 27.32     Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
 27.33     (1), when a court sentences a person convicted of violating 
 27.34  section 609.221, 609.222, 609.223, 609.2231, 609.224, 609.267, 
 27.35  or 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it 
 27.36  must impose a fine of not less than $500 30 percent of the 
 28.1   maximum fine authorized by law nor more than the maximum fine 
 28.2   authorized by law; 
 28.3      (2) when a court sentences a person convicted of violating 
 28.4   section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
 28.5   609.345, it must impose a fine of not less than $300 nor more 
 28.6   than the maximum fine authorized by law; and 
 28.7      (3) when a court sentences a person convicted of violating 
 28.8   section 609.2231, 609.224, or 609.2672, it must impose a fine of 
 28.9   not less than $100 nor more than the maximum fine authorized by 
 28.10  law.  
 28.11     The court shall collect the portion of the fine mandated by 
 28.12  this subdivision and forward 70 percent of it to a local victim 
 28.13  assistance program that provides services locally in the county 
 28.14  in which the crime was committed.  The court shall forward the 
 28.15  remaining 30 percent to the commissioner of finance to be 
 28.16  credited to the general fund.  If more than one victim 
 28.17  assistance program serves the county in which the crime was 
 28.18  committed, the court may designate on a case-by-case basis which 
 28.19  program will receive the fine proceeds, giving consideration to 
 28.20  the nature of the crime committed, the types of victims served 
 28.21  by the program, and the funding needs of the program.  If no 
 28.22  victim assistance program serves that county, the court shall 
 28.23  forward 100 percent of the fine proceeds to the commissioner of 
 28.24  finance to be credited to the general fund.  Fine proceeds 
 28.25  received by a local victim assistance program must be used to 
 28.26  provide direct services to crime victims.  
 28.27     The minimum fine required by this subdivision is in 
 28.28  addition to the surcharge or assessment required by subdivision 
 28.29  1 and is in addition to any sentence of imprisonment or 
 28.30  restitution imposed or ordered by the court. 
 28.31     As used in this subdivision, "victim assistance program" 
 28.32  means victim witness programs within county attorney offices or 
 28.33  any of the following programs:  crime victim crisis centers, 
 28.34  victim-witness programs, battered women shelters and nonshelter 
 28.35  programs, and sexual assault programs. 
 28.36     Sec. 10.  Minnesota Statutes 1994, section 609.101, 
 29.1   subdivision 3, is amended to read: 
 29.2      Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
 29.3   (a) Notwithstanding any other law, when a court sentences a 
 29.4   person convicted of a controlled substance crime under sections 
 29.5   152.021 to 152.025, it must impose a fine of not less than 20 30 
 29.6   percent of the maximum fine authorized by law nor more than the 
 29.7   maximum fine authorized by law. 
 29.8      (b) The minimum fine required by this subdivision is in 
 29.9   addition to the surcharge or assessment required by subdivision 
 29.10  1 and is in addition to any sentence of imprisonment or 
 29.11  restitution imposed or ordered by the court. 
 29.12     (c) The court shall collect the fine mandated by this 
 29.13  subdivision and forward 70 percent of it to a local drug abuse 
 29.14  prevention program existing or being implemented in the county 
 29.15  in which the crime was committed.  The court shall forward the 
 29.16  remaining 30 percent to the state treasurer to be credited to 
 29.17  the general fund.  If more than one drug abuse prevention 
 29.18  program serves the county in which the crime was committed, the 
 29.19  court may designate on a case-by-case basis which program will 
 29.20  receive the fine proceeds, giving consideration to the community 
 29.21  in which the crime was committed, the funding needs of the 
 29.22  program, the number of peace officers in each community 
 29.23  certified to teach the program, and the number of children 
 29.24  served by the program in each community.  If no drug abuse 
 29.25  prevention program serves communities in that county, the court 
 29.26  shall forward 100 percent of the fine proceeds to the state 
 29.27  treasurer to be credited to the general fund.  
 29.28     (d) The minimum fines required by this subdivision shall be 
 29.29  collected as are other fines.  Fine proceeds received by a local 
 29.30  drug abuse prevention program must be used to support that 
 29.31  program, and may be used for salaries of peace officers 
 29.32  certified to teach the program.  The drug abuse resistance 
 29.33  education program must report receipt and use of money generated 
 29.34  under this subdivision as prescribed by the drug abuse 
 29.35  resistance education advisory council. 
 29.36     (e) As used in this subdivision, "drug abuse prevention 
 30.1   program" and "program" include: 
 30.2      (1) the drug abuse resistance education program described 
 30.3   in sections 299A.33 and 299A.331; and 
 30.4      (2) any similar drug abuse education and prevention program 
 30.5   that includes the following components: 
 30.6      (A) instruction for students enrolled in kindergarten 
 30.7   through grade six that is designed to teach students to 
 30.8   recognize and resist pressures to experiment with controlled 
 30.9   substances and alcohol; 
 30.10     (B) provisions for parental involvement; 
 30.11     (C) classroom instruction by uniformed law enforcement 
 30.12  personnel; 
 30.13     (D) the use of positive student leaders to influence 
 30.14  younger students not to use drugs; and 
 30.15     (E) an emphasis on activity-oriented techniques designed to 
 30.16  encourage student-generated responses to problem-solving 
 30.17  situations. 
 30.18     Sec. 11.  Minnesota Statutes 1994, section 609.135, is 
 30.19  amended by adding a subdivision to read: 
 30.20     Subd. 8.  [FINE AND SURCHARGE COLLECTION.] A defendant's 
 30.21  obligation to pay court-ordered fines, surcharges, court costs, 
 30.22  and fees shall survive for a period of six years from the date 
 30.23  of the expiration of the defendant's stayed sentence for the 
 30.24  offense for which the fines, surcharges, court costs, and fees 
 30.25  were imposed, or six years from the imposition or due date of 
 30.26  the fines, surcharges, court costs, and fees, whichever is 
 30.27  later.  Nothing in this subdivision extends the period of a 
 30.28  defendant's stay of sentence imposition or execution. 
 30.29     Sec. 12.  Minnesota Statutes 1994, section 609.1352, is 
 30.30  amended by adding a subdivision to read: 
 30.31     Subd. 1a.  [STATUTORY MAXIMUMS LENGTHENED.] If the 
 30.32  factfinder determines, at the time of the trial or the guilty 
 30.33  plea, that a predatory offense was motivated by, committed in 
 30.34  the course of, or committed in furtherance of sexual contact or 
 30.35  penetration, as defined in section 609.341, and the court is 
 30.36  imposing a sentence under subdivision 1, the statutory maximum 
 31.1   imprisonment penalty for the offense is 40 years, 
 31.2   notwithstanding the statutory maximum imprisonment penalty 
 31.3   otherwise provided for the offense. 
 31.4      Sec. 13.  Minnesota Statutes 1994, section 609.1352, 
 31.5   subdivision 3, is amended to read: 
 31.6      Subd. 3.  [DANGER TO PUBLIC SAFETY.] The court shall base 
 31.7   its finding that the offender is a danger to public safety on 
 31.8   either any of the following factors: 
 31.9      (1) the crime involved an aggravating factor that would 
 31.10  justify a durational departure from the presumptive sentence 
 31.11  under the sentencing guidelines; or 
 31.12     (2) the offender previously committed or attempted to 
 31.13  commit a predatory crime or a violation of section 609.224, 
 31.14  including: 
 31.15     (i) an offense committed as a juvenile that would have been 
 31.16  a predatory crime or a violation of section 609.224 if committed 
 31.17  by an adult; or 
 31.18     (ii) a violation or attempted violation of a similar law of 
 31.19  any other state or the United States; or 
 31.20     (3) the offender planned or prepared for the crime prior to 
 31.21  its commission. 
 31.22     Sec. 14.  Minnesota Statutes 1994, section 609.1352, 
 31.23  subdivision 5, is amended to read: 
 31.24     Subd. 5.  [CONDITIONAL RELEASE.] At the time of sentencing 
 31.25  under subdivision 1, the court shall provide that after the 
 31.26  offender has completed the sentence imposed, less any good time 
 31.27  earned by an offender whose crime was committed before August 1, 
 31.28  1993, the commissioner of corrections shall place the offender 
 31.29  on conditional release for the remainder of the statutory 
 31.30  maximum period or for ten years, whichever is longer. 
 31.31     The conditions of release may include successful completion 
 31.32  of treatment and aftercare in a program approved by the 
 31.33  commissioner, satisfaction of the release conditions specified 
 31.34  in section 244.05, subdivision 6, and any other conditions the 
 31.35  commissioner considers appropriate.  Before the offender is 
 31.36  released, the commissioner shall notify the sentencing court, 
 32.1   the prosecutor in the jurisdiction where the offender was 
 32.2   sentenced and the victim of the offender's crime, where 
 32.3   available, of the terms of the offender's conditional release.  
 32.4   If the offender fails to meet any condition of release, the 
 32.5   commissioner may revoke the offender's conditional release and 
 32.6   order that the offender serve all or a part of the remaining 
 32.7   portion of the conditional release term in prison.  The 
 32.8   commissioner shall not dismiss the offender from supervision 
 32.9   before the conditional release term expires. 
 32.10     Conditional release granted under this subdivision is 
 32.11  governed by provisions relating to supervised release, except as 
 32.12  otherwise provided in this subdivision, section 244.04, 
 32.13  subdivision 1, or 244.05. 
 32.14     Sec. 15.  Minnesota Statutes 1994, section 609.152, 
 32.15  subdivision 1, is amended to read: 
 32.16     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 32.17  the following terms have the meanings given.  
 32.18     (b) "Conviction" means any of the following accepted and 
 32.19  recorded by the court:  a plea of guilty, a verdict of guilty by 
 32.20  a jury, or a finding of guilty by the court.  The term includes 
 32.21  a conviction by any court in Minnesota or another jurisdiction.  
 32.22     (c) "Prior conviction" means a conviction that occurred 
 32.23  before the offender committed the next felony resulting in a 
 32.24  conviction and before the offense for which the offender is 
 32.25  being sentenced under this section. 
 32.26     (d) "Violent crime" means a violation of or an attempt or 
 32.27  conspiracy to violate any of the following laws of this state or 
 32.28  any similar laws of the United States or any other state:  
 32.29  section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 
 32.30  609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 
 32.31  609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 
 32.32  609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 
 32.33  609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 
 32.34  subdivision 1; 609.687; 609.855, subdivision 5; any provision of 
 32.35  sections 609.229; 609.377; 609.378; and 609.749 that is 
 32.36  punishable by a felony penalty; or any provision of chapter 152 
 33.1   that is punishable by a maximum sentence of 15 years or more. 
 33.2      Sec. 16.  Minnesota Statutes 1994, section 609.19, is 
 33.3   amended to read: 
 33.4      609.19 [MURDER IN THE SECOND DEGREE.] 
 33.5      Whoever does any of the following is guilty of murder in 
 33.6   the second degree and may be sentenced to imprisonment for not 
 33.7   more than 40 years:  
 33.8      (1) causes the death of a human being with intent to effect 
 33.9   the death of that person or another, but without premeditation; 
 33.10     (2) causes the death of a human being, without intent to 
 33.11  effect the death of any person, while committing or attempting 
 33.12  to commit a felony offense other than criminal sexual conduct in 
 33.13  the first or second degree with force or violence; or 
 33.14     (3) causes the death of a human being without intent to 
 33.15  effect the death of any person, while intentionally inflicting 
 33.16  or attempting to inflict bodily harm upon the victim, when the 
 33.17  perpetrator is restrained under an order for protection issued 
 33.18  under chapter 518B and the victim is a person designated to 
 33.19  receive protection under the order.  As used in this clause, 
 33.20  "order for protection" includes an order for protection issued 
 33.21  under chapter 518B; a harassment restraining order issued under 
 33.22  section 609.748; a court order setting conditions of pretrial 
 33.23  release or conditions of a criminal sentence or juvenile court 
 33.24  disposition; a restraining order issued in a marriage 
 33.25  dissolution action; and any order issued by a court of another 
 33.26  state or of the United States that is similar to any of these 
 33.27  orders.  
 33.28     Sec. 17.  [609.2241] [KNOWING TRANSFER OF COMMUNICABLE 
 33.29  DISEASE.] 
 33.30     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 33.31  following terms have the meanings given: 
 33.32     (a) "Communicable disease" means a disease or condition 
 33.33  that causes serious illness, serious disability, or death; the 
 33.34  infectious agent of which may pass or be carried from the body 
 33.35  of one person to the body of another through direct transmission.
 33.36     (b) "Direct transmission" means predominately sexual or 
 34.1   blood borne transmission. 
 34.2      (c) "A person who knowingly harbors an infectious agent" 
 34.3   refers to a person who receives from a physician or other health 
 34.4   professional: 
 34.5      (1) advice that the person harbors an infectious agent for 
 34.6   a communicable disease; 
 34.7      (2) educational information about behavior which might 
 34.8   transmit the infectious agent; and 
 34.9      (3) instruction of practical means of preventing such 
 34.10  transmission. 
 34.11     (d) "Transfer" means to engage in behavior that has been 
 34.12  demonstrated epidemiologically to be a mode of direct 
 34.13  transmission of an infectious agent which causes the 
 34.14  communicable disease. 
 34.15     (e) "Sexual penetration" means any of the acts listed in 
 34.16  section 609.341, subdivision 12, when the acts described are 
 34.17  committed without the use of a latex or other effective barrier. 
 34.18     Subd. 2.  [CRIME.] It is a crime, which may be prosecuted 
 34.19  under section 609.17, 609.185, 609.19, 609.221, 609.222, 
 34.20  609.223, 609.2231, or 609.224, for a person who knowingly 
 34.21  harbors an infectious agent to transfer, if the crime involved: 
 34.22     (1) sexual penetration with another person without having 
 34.23  first informed the other person that the person has a 
 34.24  communicable disease; 
 34.25     (2) transfer of blood, sperm, organs, or tissue, except as 
 34.26  deemed necessary for medical research or if disclosed on donor 
 34.27  screening forms; or 
 34.28     (3) sharing of nonsterile syringes or needles for the 
 34.29  purpose of injecting drugs. 
 34.30     Subd. 3.  [AFFIRMATIVE DEFENSE.] It is an affirmative 
 34.31  defense to prosecution, if it is proven by a preponderance of 
 34.32  the evidence, that: 
 34.33     (1) the person who knowingly harbors an infectious agent 
 34.34  for a communicable disease took practical means to prevent 
 34.35  transmission as advised by a physician or other health 
 34.36  professional; or 
 35.1      (2) the person who knowingly harbors an infectious agent 
 35.2   for a communicable disease is a health care provider who was 
 35.3   following professionally accepted infection control procedures. 
 35.4      Nothing in this section shall be construed to be a defense 
 35.5   to a criminal prosecution that does not allege a violation of 
 35.6   subdivision 2. 
 35.7      Subd. 4.  [HEALTH DEPARTMENT DATA.] Data protected by 
 35.8   section 13.38 and information collected as part of a health 
 35.9   department investigation under sections 144.4171 to 144.4186 may 
 35.10  not be accessed or subpoenaed by law enforcement authorities or 
 35.11  prosecutors without the consent of the subject of the data. 
 35.12     Sec. 18.  Minnesota Statutes 1994, section 609.341, 
 35.13  subdivision 11, is amended to read: 
 35.14     Subd. 11.  (a) "Sexual contact," for the purposes of 
 35.15  sections 609.343, subdivision 1, clauses (a) to (f), and 
 35.16  609.345, subdivision 1, clauses (a) to (e), and (h) to (k) (l), 
 35.17  includes any of the following acts committed without the 
 35.18  complainant's consent, except in those cases where consent is 
 35.19  not a defense, and committed with sexual or aggressive intent: 
 35.20     (i) the intentional touching by the actor of the 
 35.21  complainant's intimate parts, or 
 35.22     (ii) the touching by the complainant of the actor's, the 
 35.23  complainant's, or another's intimate parts effected by coercion 
 35.24  or the use of a position of authority, or by inducement if the 
 35.25  complainant is under 13 years of age or mentally impaired, or 
 35.26     (iii) the touching by another of the complainant's intimate 
 35.27  parts effected by coercion or the use of a position of 
 35.28  authority, or 
 35.29     (iv) in any of the cases above, the touching of the 
 35.30  clothing covering the immediate area of the intimate parts. 
 35.31     (b) "Sexual contact," for the purposes of sections 609.343, 
 35.32  subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
 35.33  clauses (f) and (g), includes any of the following acts 
 35.34  committed with sexual or aggressive intent: 
 35.35     (i) the intentional touching by the actor of the 
 35.36  complainant's intimate parts; 
 36.1      (ii) the touching by the complainant of the actor's, the 
 36.2   complainant's, or another's intimate parts; 
 36.3      (iii) the touching by another of the complainant's intimate 
 36.4   parts; or 
 36.5      (iv) in any of the cases listed above, touching of the 
 36.6   clothing covering the immediate area of the intimate parts. 
 36.7      (c) "Sexual contact with a person under 13" means the 
 36.8   intentional touching of the complainant's bare genitals or anal 
 36.9   opening by the actor's bare genitals or anal opening with sexual 
 36.10  or aggressive intent or the touching by the complainant's bare 
 36.11  genitals or anal opening of the actor's or another's bare 
 36.12  genitals or anal opening with sexual or aggressive intent. 
 36.13     Sec. 19.  Minnesota Statutes 1994, section 609.3451, 
 36.14  subdivision 1, is amended to read: 
 36.15     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 36.16  criminal sexual conduct in the fifth degree: 
 36.17     (1) if the person engages in nonconsensual sexual contact; 
 36.18  or 
 36.19     (2) the person engages in masturbation or lewd exhibition 
 36.20  of the genitals in the presence of a minor under the age of 16, 
 36.21  knowing or having reason to know the minor is present.  
 36.22     For purposes of this section, "sexual contact" has the 
 36.23  meaning given in section 609.341, subdivision 11, paragraph (a), 
 36.24  clauses (i) and (iv), but does not include the intentional 
 36.25  touching of the clothing covering the immediate area of the 
 36.26  buttocks.  Sexual contact also includes the intentional removal 
 36.27  or attempted removal of clothing covering the complainant's 
 36.28  intimate parts or undergarments, if the action is performed with 
 36.29  sexual or aggressive intent. 
 36.30     Sec. 20.  Minnesota Statutes 1994, section 609.485, 
 36.31  subdivision 2, is amended to read: 
 36.32     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
 36.33  following may be sentenced as provided in subdivision 4: 
 36.34     (1) escapes while held in lawful custody on a charge or 
 36.35  conviction of a crime, or while held in lawful custody on an 
 36.36  allegation or adjudication of a delinquent act while 18 years of 
 37.1   age; 
 37.2      (2) transfers to another, who is in lawful custody on a 
 37.3   charge or conviction of a crime, or introduces into an 
 37.4   institution in which the latter is confined, anything usable in 
 37.5   making such escape, with intent that it shall be so used; 
 37.6      (3) having another in lawful custody on a charge or 
 37.7   conviction of a crime, intentionally permits the other to 
 37.8   escape; or 
 37.9      (4) escapes while in a facility designated under section 
 37.10  253B.18, subdivision 1, pursuant to a court commitment order 
 37.11  after a finding of not guilty by reason of mental illness or 
 37.12  mental deficiency of a crime against the person, as defined in 
 37.13  section 253B.02, subdivision 4a.  Notwithstanding section 
 37.14  609.17, no person may be charged with or convicted of an attempt 
 37.15  to commit a violation of this clause; or 
 37.16     (5) escapes while in a facility designated under section 
 37.17  253B.18, subdivision 1, pursuant to a court commitment order 
 37.18  under section 253B.185 or 526.10. 
 37.19     For purposes of clause (1), "escapes while held in lawful 
 37.20  custody" includes absconding from electronic monitoring or 
 37.21  absconding after removing an electronic monitoring device from 
 37.22  the person's body. 
 37.23     Sec. 21.  Minnesota Statutes 1994, section 609.485, 
 37.24  subdivision 4, is amended to read: 
 37.25     Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
 37.26  subdivision 3a, whoever violates this section may be sentenced 
 37.27  as follows: 
 37.28     (1) if the person who escapes is in lawful custody on a 
 37.29  charge or conviction of a felony, to imprisonment for not more 
 37.30  than five years or to payment of a fine of not more than 
 37.31  $10,000, or both; 
 37.32     (2) if the person who escapes is in lawful custody after a 
 37.33  finding of not guilty by reason of mental illness or mental 
 37.34  deficiency of a crime against the person, as defined in section 
 37.35  253B.02, subdivision 4a, or pursuant to a court commitment order 
 37.36  under section 253B.185 or 526.10, to imprisonment for not more 
 38.1   than one year and one day or to payment of a fine of not more 
 38.2   than $3,000, or both; or 
 38.3      (3) if such charge or conviction is for a gross misdemeanor 
 38.4   or misdemeanor, or if the person who escapes is in lawful 
 38.5   custody on an allegation or adjudication of a delinquent act 
 38.6   while 18 years of age, to imprisonment for not more than one 
 38.7   year or to payment of a fine of not more than $3,000, or both.  
 38.8      (b) If the escape was a violation of subdivision 2, clause 
 38.9   (1), (2), or (3), and was effected by violence or threat of 
 38.10  violence against a person, the sentence may be increased to not 
 38.11  more than twice those permitted in paragraph (a), clauses (1) 
 38.12  and (3). 
 38.13     (c) Unless a concurrent term is specified by the court, a 
 38.14  sentence under this section shall be consecutive to any sentence 
 38.15  previously imposed or which may be imposed for any crime or 
 38.16  offense for which the person was in custody when the person 
 38.17  escaped. 
 38.18     (d) Notwithstanding paragraph (c), if a person who was 
 38.19  committed to the commissioner of corrections under section 
 38.20  260.185 escapes from the custody of the commissioner while 18 
 38.21  years of age, the person's sentence under this section shall 
 38.22  commence on the person's 19th birthday or on the person's date 
 38.23  of discharge by the commissioner of corrections, whichever 
 38.24  occurs first.  However, if the person described in this clause 
 38.25  is convicted under this section after becoming 19 years old and 
 38.26  after having been discharged by the commissioner, the person's 
 38.27  sentence shall commence upon imposition by the sentencing court. 
 38.28     (e) Notwithstanding paragraph (c), if a person who is in 
 38.29  lawful custody on an allegation or adjudication of a delinquent 
 38.30  act while 18 years of age escapes from a local juvenile 
 38.31  correctional facility, the person's sentence under this section 
 38.32  begins on the person's 19th birthday or on the person's date of 
 38.33  discharge from the jurisdiction of the juvenile court, whichever 
 38.34  occurs first.  However, if the person described in this 
 38.35  paragraph is convicted after becoming 19 years old and after 
 38.36  discharge from the jurisdiction of the juvenile court, the 
 39.1   person's sentence begins upon imposition by the sentencing court.
 39.2      Sec. 22.  Minnesota Statutes 1994, section 609.746, 
 39.3   subdivision 1, is amended to read: 
 39.4      Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
 39.5   DEVICE.] (a) A person is guilty of a misdemeanor who: 
 39.6      (1) enters upon another's property; 
 39.7      (2) surreptitiously gazes, stares, or peeps in the window 
 39.8   or any other aperture of a house or place of dwelling of 
 39.9   another; and 
 39.10     (3) does so with intent to intrude upon or interfere with 
 39.11  the privacy of a member of the household. 
 39.12     (b) A person is guilty of a misdemeanor who: 
 39.13     (1) enters upon another's property; 
 39.14     (2) surreptitiously installs or uses any device for 
 39.15  observing, photographing, recording, amplifying, or broadcasting 
 39.16  sounds or events through the window or any other aperture of a 
 39.17  house or place of dwelling of another; and 
 39.18     (3) does so with intent to intrude upon or interfere with 
 39.19  the privacy of a member of the household. 
 39.20     (c) A person is guilty of a misdemeanor who: 
 39.21     (1) surreptitiously gazes, stares, or peeps in the window 
 39.22  or other aperture of a sleeping room in a hotel, as defined in 
 39.23  section 327.70, subdivision 3, a tanning booth, or other place 
 39.24  where a reasonable person would have an expectation of privacy 
 39.25  and has exposed or is likely to expose their intimate parts, as 
 39.26  defined in section 609.341, subdivision 5, or the clothing 
 39.27  covering the immediate area of the intimate parts; and 
 39.28     (2) does so with intent to intrude upon or interfere with 
 39.29  the privacy of the occupant. 
 39.30     (d) A person is guilty of a misdemeanor who: 
 39.31     (1) surreptitiously installs or uses any device for 
 39.32  observing, photographing, recording, amplifying, or broadcasting 
 39.33  sounds or events through the window or other aperture of a 
 39.34  sleeping room in a hotel, as defined in section 327.70, 
 39.35  subdivision 3, a tanning booth, or other place where a 
 39.36  reasonable person would have an expectation of privacy and has 
 40.1   exposed or is likely to expose their intimate parts, as defined 
 40.2   in section 609.341, subdivision 5, or the clothing covering the 
 40.3   immediate area of the intimate parts; and 
 40.4      (2) does so with intent to intrude upon or interfere with 
 40.5   the privacy of the occupant. 
 40.6      (e) A person is guilty of a gross misdemeanor if the person 
 40.7   violates this subdivision after a previous conviction under this 
 40.8   subdivision or section 609.749. 
 40.9      (d) Paragraph (b) does (f) Paragraphs (b) and (d) do not 
 40.10  apply to law enforcement officers or corrections investigators, 
 40.11  or to those acting under their direction, while engaged in the 
 40.12  performance of their lawful duties.  Paragraphs (c) and (d) do 
 40.13  not apply to conduct in:  (1) a medical facility; or (2) a 
 40.14  commercial establishment if the owner of the establishment has 
 40.15  posted conspicuous signs warning that the premises are under 
 40.16  surveillance by the owner or the owner's employees. 
 40.17     Sec. 23.  Minnesota Statutes 1994, section 609.749, 
 40.18  subdivision 5, is amended to read: 
 40.19     Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
 40.20  engages in a pattern of harassing conduct with respect to a 
 40.21  single victim or one or more members of a single household in a 
 40.22  manner that would cause a reasonable person under the 
 40.23  circumstances to feel terrorized or to fear bodily harm and that 
 40.24  does cause this reaction on the part of the victim, is guilty of 
 40.25  a felony and may be sentenced to imprisonment for not more than 
 40.26  ten years or to payment of a fine of not more than $20,000, or 
 40.27  both. 
 40.28     (b) For purposes of this subdivision, a "pattern of 
 40.29  harassing conduct" means two or more acts within a five-year 
 40.30  period that violate the provisions of any of the following: 
 40.31     (1) this section; 
 40.32     (2) section 609.713; 
 40.33     (3) section 609.224; 
 40.34     (4) section 518B.01, subdivision 14; 
 40.35     (5) section 609.748, subdivision 6; 
 40.36     (6) section 609.605, subdivision 1, paragraph (b), clause 
 41.1   clauses (3), (4), and (7); 
 41.2      (7) section 609.79; or 
 41.3      (8) section 609.795; 
 41.4      (9) section 609.582; or 
 41.5      (10) section 609.595. 
 41.6      Sec. 24.  Minnesota Statutes 1994, section 611.17, is 
 41.7   amended to read: 
 41.8      611.17 [FINANCIAL INQUIRY; STATEMENTS.] 
 41.9      (a) Each judicial district must screen requests under 
 41.10  paragraph (b).  
 41.11     (b) Upon a request for the appointment of counsel, the 
 41.12  court shall make appropriate inquiry into the financial 
 41.13  circumstances of the applicant, who shall submit a financial 
 41.14  statement under oath or affirmation setting forth the 
 41.15  applicant's assets and liabilities, including the value of any 
 41.16  real property owned by the applicant, whether homestead or 
 41.17  otherwise, less the amount of any encumbrances on the real 
 41.18  property, the source or sources of income, and any other 
 41.19  information required by the court.  The applicant shall be under 
 41.20  a continuing duty while represented by a public defender to 
 41.21  disclose any changes in the applicant's financial circumstances 
 41.22  that might be relevant to the applicant's eligibility for a 
 41.23  public defender.  The state public defender shall furnish 
 41.24  appropriate forms for the financial statements.  The forms must 
 41.25  contain conspicuous notice of the applicant's continuing duty to 
 41.26  disclose to the court changes in the applicant's financial 
 41.27  circumstances.  The information contained in the statement shall 
 41.28  be confidential and for the exclusive use of the court and the 
 41.29  public defender appointed by the court to represent the 
 41.30  applicant except for any prosecution under section 609.48.  A 
 41.31  refusal to execute the financial statement or produce financial 
 41.32  records constitutes a waiver of the right to the appointment of 
 41.33  a public defender. 
 41.34     Sec. 25.  Minnesota Statutes 1994, section 611.20, 
 41.35  subdivision 3, is amended to read: 
 41.36     Subd. 3.  [REIMBURSEMENT.] In each fiscal year, the state 
 42.1   treasurer shall deposit the first $180,000 in the general fund. 
 42.2   Payments in excess of $180,000 shall be deposited in the general 
 42.3   fund and credited to a separate account with the board of public 
 42.4   defense.  The amount credited to this account is appropriated to 
 42.5   the board of public defense to reimburse the costs of attorneys 
 42.6   providing part-time public defense services. 
 42.7      The balance of this account does not cancel but is 
 42.8   available until expended.  Expenditures by the board from this 
 42.9   account for each judicial district public defense office must be 
 42.10  based on the amount of the payments received by the state from 
 42.11  the courts in each judicial district. 
 42.12     Sec. 26.  Minnesota Statutes 1994, section 611.20, is 
 42.13  amended by adding a subdivision to read: 
 42.14     Subd. 4.  [EMPLOYED DEFENDANTS.] A defendant who is 
 42.15  employed when a public defender is appointed, or who becomes 
 42.16  employed while represented by a public defender, shall reimburse 
 42.17  the state for the cost of the public defender.  The court may 
 42.18  accept partial reimbursement from the defendant if the 
 42.19  defendant's financial circumstances warrant a reduced 
 42.20  reimbursement schedule.  The court may consider the guidelines 
 42.21  in subdivision 6 in determining a defendant's reimbursement 
 42.22  schedule.  If a defendant does not agree to make payments, the 
 42.23  court may order the defendant's employer to withhold a 
 42.24  percentage of the defendant's income to be turned over to the 
 42.25  court.  The percentage to be withheld may be determined under 
 42.26  subdivision 6. 
 42.27     Sec. 27.  Minnesota Statutes 1994, section 611.20, is 
 42.28  amended by adding a subdivision to read: 
 42.29     Subd. 5.  [REIMBURSEMENT RATE.] Legal fees required to be 
 42.30  reimbursed under subdivision 4, shall be determined by 
 42.31  multiplying the total number of hours worked on the case by a 
 42.32  public defender by $30 per hour.  The public defender assigned 
 42.33  to the defendant's case shall provide to the court, upon the 
 42.34  court's request, a written statement containing the total number 
 42.35  of hours worked on the defendant's case up to the time of the 
 42.36  request. 
 43.1      Sec. 28.  Minnesota Statutes 1994, section 611.20, is 
 43.2   amended by adding a subdivision to read: 
 43.3      Subd. 6.  [REIMBURSEMENT SCHEDULE GUIDELINES.] In 
 43.4   determining a defendant's reimbursement schedule, the court may 
 43.5   derive a specific dollar amount per month by multiplying the 
 43.6   defendant's net income by the percent indicated by the following 
 43.7   guidelines: 
 43.8      
 43.9   Net Income Per              Number of Dependents 
 43.10  Month of Defendant          Not Including Defendant 
 43.11                              4 or     3       2       1      0  
 43.12                              more                      
 43.13  $200 and Below              Percentage based on the ability of 
 43.14                              the defendant to pay as determined 
 43.15                              by the court. 
 43.16  $200 - 350                  8%   9.5%  11%    12.5%  14%
 43.17  $351 - 500                  9%   11%   12.5%  14%    15%
 43.18  $501 - 650                 10%   12%   14%    15%    17%
 43.19  $651 - 800                 11%   13.5% 15.5%  17%    19%
 43.20  $801 and above             12%   14.5% 17%    19%    20%   
 43.21     "Net income" shall have the meaning given it in section 
 43.22  518.551, subdivision 5. 
 43.23     Sec. 29.  Minnesota Statutes 1994, section 611.20, is 
 43.24  amended by adding a subdivision to read: 
 43.25     Subd. 7.  [INCOME WITHHOLDING.] (a) Whenever an obligation 
 43.26  for reimbursement of public defender costs is ordered by a court 
 43.27  under this section, the amount of reimbursement as determined by 
 43.28  court order must be withheld from the income of the person 
 43.29  obligated to pay.  The court shall serve a copy of the 
 43.30  reimbursement order on the defendant's employer.  
 43.31  Notwithstanding any law to the contrary, the order is binding on 
 43.32  the employer when served.  Withholding must begin no later than 
 43.33  the first pay period that occurs after 14 days following the 
 43.34  date of the notice.  The employer shall withhold from the income 
 43.35  payable to the defendant the amount specified in the order and 
 43.36  shall remit, within ten days of the date the defendant is paid 
 44.1   the remainder of the income, the amounts withheld to the court. 
 44.2      (b) An employer shall not discharge, or refuse to hire, or 
 44.3   otherwise discipline an employee as a result of a wage or salary 
 44.4   withholding authorized by this section.  The employer shall be 
 44.5   liable to the court for any amounts required to be withheld.  An 
 44.6   employer that fails to withhold or transfer funds in accordance 
 44.7   with this section is also liable for interest on the funds at 
 44.8   the rate applicable to judgments under section 549.09, computed 
 44.9   from the date the funds were required to be withheld.  An 
 44.10  employer that has failed to comply with the requirements of this 
 44.11  section is subject to contempt of court. 
 44.12     (c) Amounts withheld under this section do not supersede or 
 44.13  have priority over amounts withheld pursuant to other sections 
 44.14  of law. 
 44.15     Sec. 30.  Minnesota Statutes 1994, section 611.35, 
 44.16  subdivision 1, is amended to read: 
 44.17     Subdivision 1.  Any person who is represented by a public 
 44.18  defender or appointive counsel shall, if financially able to 
 44.19  pay, reimburse the governmental unit chargeable with the 
 44.20  compensation of such public defender or appointive counsel for 
 44.21  the actual costs to the governmental unit in providing the 
 44.22  services of the public defender or appointive counsel.  The 
 44.23  court in hearing such matter shall ascertain the amount of such 
 44.24  costs to be charged to the defendant and shall direct 
 44.25  reimbursement over a period of not to exceed six months, unless 
 44.26  the court for good cause shown shall extend the period of 
 44.27  reimbursement.  If a term of probation is imposed as a part of a 
 44.28  sentence, reimbursement of costs as required by this subdivision 
 44.29  may chapter must not be made a condition of probation.  
 44.30  Reimbursement of costs as required by this chapter is a civil 
 44.31  obligation and must not be made a condition of a criminal 
 44.32  sentence. 
 44.33     Sec. 31.  Minnesota Statutes 1994, section 617.23, is 
 44.34  amended to read: 
 44.35     617.23 [INDECENT EXPOSURE; PENALTIES.] 
 44.36     Every (a) A person is guilty of a misdemeanor who 
 45.1   shall in any public place, or in any place where others are 
 45.2   present:  
 45.3      (1) willfully and lewdly expose exposes the person's body, 
 45.4   or the private parts thereof, in any public place, or in any 
 45.5   place where others are present, or shall procure; 
 45.6      (2) procures another to expose private parts, and every 
 45.7   person who shall be guilty of; or 
 45.8      (3) engages in any open or gross lewdness or lascivious 
 45.9   behavior, or any public indecency other than hereinbefore 
 45.10  behavior specified, shall be guilty of a misdemeanor in clause 
 45.11  (1) or (2) or this clause. 
 45.12     (b) A person is guilty of a gross misdemeanor if: 
 45.13     (1) the person violates this section in the presence of a 
 45.14  minor under the age of 16; or 
 45.15     (2) the person violates this section after having been 
 45.16  previously convicted of violating this section, sections 609.342 
 45.17  to 609.3451, or a statute from another state in conformity with 
 45.18  any of those sections. 
 45.19     Sec. 32.  Minnesota Statutes 1994, section 624.712, 
 45.20  subdivision 5, is amended to read: 
 45.21     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 45.22  murder in the first, second, and third degrees, manslaughter in 
 45.23  the first and second degrees, aiding suicide, aiding attempted 
 45.24  suicide, felony violations of assault in the first, second, 
 45.25  third, and fourth degrees, assaults motivated by bias under 
 45.26  section 609.2231, subdivision 4, terroristic threats, use of 
 45.27  drugs to injure or to facilitate crime, crimes committed for the 
 45.28  benefit of a gang, commission of a crime while wearing or 
 45.29  possessing a bullet-resistant vest, simple robbery, aggravated 
 45.30  robbery, kidnapping, false imprisonment, criminal sexual conduct 
 45.31  in the first, second, third, and fourth degrees, theft of a 
 45.32  firearm, arson in the first and second degrees, riot, burglary 
 45.33  in the first, second, third, and fourth degrees, harassment and 
 45.34  stalking, shooting at a public transit vehicle or facility, 
 45.35  reckless use of a gun or dangerous weapon, intentionally 
 45.36  pointing a gun at or towards a human being, setting a spring 
 46.1   gun, and unlawfully owning, possessing, operating a machine gun 
 46.2   or short-barreled shotgun, and an attempt to commit any of these 
 46.3   offenses, as each of those offenses is defined in chapter 609.  
 46.4   "Crime of violence" also includes felony violations of the 
 46.5   following:  malicious punishment of a child; neglect or 
 46.6   endangerment of a child; and chapter 152. 
 46.7      Sec. 33.  Minnesota Statutes 1994, section 626.13, is 
 46.8   amended to read: 
 46.9      626.13 [SERVICE; PERSONS MAKING.] 
 46.10     A search warrant may in all cases be served anywhere within 
 46.11  the issuing judge's county by any of the officers mentioned in 
 46.12  its directions, but by no other person, except in aid of the 
 46.13  officer on the officer's requiring it, the officer being present 
 46.14  and acting in its execution.  If the warrant is to be served by 
 46.15  an agent of the bureau of criminal apprehension, an agent of the 
 46.16  division of gambling enforcement, a state patrol trooper, or a 
 46.17  conservation officer, the agent, state patrol trooper, or 
 46.18  conservation officer shall notify the chief of police of an 
 46.19  organized full-time police department of the municipality or, if 
 46.20  there is no such local chief of police, the sheriff or a deputy 
 46.21  sheriff of the county in which service is to be made prior to 
 46.22  execution. 
 46.23     Sec. 34.  Minnesota Statutes 1994, section 626.861, 
 46.24  subdivision 1, is amended to read: 
 46.25     Subdivision 1.  [LEVY OF ASSESSMENT.] There is levied a 
 46.26  penalty assessment of 15 percent on each fine imposed and 
 46.27  collected by the courts of this state for traffic offenses in 
 46.28  violation of chapters 168 to 173 or equivalent local ordinances, 
 46.29  other than a fine or forfeiture for a violation of a local 
 46.30  ordinance or other law relating to the parking of a vehicle.  In 
 46.31  cases where the defendant is convicted but a fine is not 
 46.32  imposed, or execution of the fine is stayed, the court shall 
 46.33  impose a penalty assessment of not less than $5 nor more than 
 46.34  $10 when the conviction is for a misdemeanor or petty 
 46.35  misdemeanor, and shall impose a penalty assessment of not less 
 46.36  than $10 $25 but not more than $50 when the conviction is for a 
 47.1   misdemeanor, gross misdemeanor, or felony.  Where multiple 
 47.2   offenses are involved, the penalty assessment shall be assessed 
 47.3   separately on each offense for which the defendant is 
 47.4   sentenced.  If imposition or execution of sentence is stayed for 
 47.5   all of the multiple offenses, the penalty assessment shall be 
 47.6   based upon the most serious offense of which the defendant was 
 47.7   convicted.  Where the court suspends a portion of a fine, the 
 47.8   suspended portion shall not be counted in determining the amount 
 47.9   of the penalty assessment unless the offender is ordered to pay 
 47.10  the suspended portion of the fine.  Suspension of an entire fine 
 47.11  shall be treated as a stay of execution for purposes of 
 47.12  computing the amount of the penalty assessment.  
 47.13     Sec. 35.  Minnesota Statutes 1994, section 628.26, is 
 47.14  amended to read: 
 47.15     628.26 [LIMITATIONS.] 
 47.16     (a) Indictments or complaints for murder may be found or 
 47.17  made at any time after the death of the person killed.  
 47.18     (b) Indictments or complaints for violation of section 
 47.19  609.42, subdivision 1, clause (1) or (2), shall be found or made 
 47.20  and filed in the proper court within six years after the 
 47.21  commission of the offense.  
 47.22     (c) Indictments or complaints for violation of sections 
 47.23  609.342 to 609.345 if the victim was under the age of 18 years 
 47.24  at the time the offense was committed, shall be found or made 
 47.25  and filed in the proper court within seven nine years after the 
 47.26  commission of the offense or, if the victim failed to report the 
 47.27  offense within this limitation period, within three years after 
 47.28  the offense was reported to law enforcement authorities. 
 47.29     (d) Indictments or complaints for violation of sections 
 47.30  609.342 to 609.344 if the victim was 18 years old or older at 
 47.31  the time the offense was committed, shall be found or made and 
 47.32  filed in the proper court within seven nine years after the 
 47.33  commission of the offense. 
 47.34     (e) Indictments or complaints for violation of sections 
 47.35  609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
 47.36  or made and filed in the proper court within six years after the 
 48.1   commission of the offense. 
 48.2      (f) Indictments or complaints for violation of section 
 48.3   609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
 48.4   or (16), 609.631, or 609.821, where the value of the property or 
 48.5   services stolen is more than $35,000, shall be found or made and 
 48.6   filed in the proper court within five years after the commission 
 48.7   of the offense. 
 48.8      (g) Except for violations relating to false material 
 48.9   statements, representations or omissions, indictments or 
 48.10  complaints for violations of section 609.671 shall be found or 
 48.11  made and filed in the proper court within five years after the 
 48.12  commission of the offense.  
 48.13     (h) Indictments or complaints for violation of sections 
 48.14  609.561 to 609.563, shall be found or made and filed in the 
 48.15  proper court within five years after the commission of the 
 48.16  offense. 
 48.17     (i) In all other cases, indictments or complaints shall be 
 48.18  found or made and filed in the proper court within three years 
 48.19  after the commission of the offense. 
 48.20     (j) The limitations periods contained in this section shall 
 48.21  exclude any period of time during which the defendant was not an 
 48.22  inhabitant of or usually resident within this state. 
 48.23     (k) The limitations periods contained in this section for 
 48.24  an offense shall not include any period during which the alleged 
 48.25  offender participated under a written agreement in a pretrial 
 48.26  diversion program relating to that offense. 
 48.27     (1) The limitations periods contained in this section shall 
 48.28  not include any period of time during which physical evidence 
 48.29  relating to the offense was undergoing DNA analysis, as defined 
 48.30  in section 299C.155, unless the defendant demonstrates that the 
 48.31  prosecuting or law enforcement agency purposefully delayed the 
 48.32  DNA analysis process in order to gain an unfair advantage. 
 48.33     Sec. 36.  Laws 1993, chapter 146, article 2, section 31, is 
 48.34  amended to read: 
 48.35     Sec. 31.  [REPEALER.] 
 48.36     Section 20, subdivision 3, is repealed June 30, 1997.  
 49.1   Minnesota Statutes 1992, section 270B.14, subdivision 12, is 
 49.2   repealed June 30, 1995. 
 49.3      Sec. 37.  [ELECTRONIC ALCOHOL MONITORING OF DWI OFFENDERS; 
 49.4   PILOT PROGRAM.] 
 49.5      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 49.6   following terms have the meaning given them in this subdivision. 
 49.7      (a) "Breath analyzer unit" means a device that performs 
 49.8   breath alcohol testing and is connected to a remote electronic 
 49.9   alcohol monitoring system. 
 49.10     (b) "Remote electronic alcohol monitoring system" means a 
 49.11  system that electronically monitors the alcohol concentration of 
 49.12  individuals in their homes to ensure compliance with 
 49.13  court-ordered conditions of pretrial release, supervised 
 49.14  release, or probation. 
 49.15     Subd. 2.  [PILOT PROGRAM ESTABLISHED.] In cooperation with 
 49.16  the conference of chief judges, the state court administrator, 
 49.17  and the commissioner of public safety, the commissioner of 
 49.18  corrections shall establish a three-year pilot program to 
 49.19  evaluate the effectiveness of using breath analyzer units to 
 49.20  monitor DWI offenders who are ordered to abstain from alcohol 
 49.21  use as a condition of pretrial release, supervised release, or 
 49.22  probation.  The pilot program must include procedures ensuring 
 49.23  that violators of this condition of release receive swift 
 49.24  consequences for the violation. 
 49.25     The commissioner of corrections shall select at least two 
 49.26  judicial districts to participate in the pilot program.  
 49.27  Offenders who are ordered to use a breath analyzer unit shall 
 49.28  also be ordered to pay the per diem cost of the monitoring 
 49.29  unless the offender is indigent.  The commissioner of 
 49.30  corrections shall reimburse the judicial districts for any costs 
 49.31  the districts incur in participating in the program. 
 49.32     After three years, the commissioner of corrections shall 
 49.33  evaluate the effectiveness of the program and shall report the 
 49.34  results of this evaluation to the conference of chief judges, 
 49.35  the state court administrator, the commissioner of public 
 49.36  safety, and the chairs of the house of representatives and 
 50.1   senate committees having jurisdiction over criminal justice 
 50.2   policy and finance. 
 50.3      Sec. 38.  [EFFECTIVE DATES.] 
 50.4      Sections 5 and 6 are effective the day following final 
 50.5   enactment.  Sections 20 and 21 are effective the day following 
 50.6   final enactment and apply to crimes committed on or after that 
 50.7   date.  Section 35 is effective July 1, 1995, and applies to 
 50.8   crimes committed on or after that date, and to crimes committed 
 50.9   before that date if the limitations period for the offense did 
 50.10  not expire before July 1, 1995.  Sections 8 to 19, 22, 23, 31, 
 50.11  32, and 34, are effective July 1, 1995, and apply to crimes 
 50.12  committed on or after that date.  Sections 1 to 4, 7, 24 to 30, 
 50.13  33, 36, and 37, are effective July 1, 1995. 
 50.14                             ARTICLE 3 
 50.15                          JUVENILE JUSTICE
 50.16     Section 1.  [8.36] [ANNUAL REPORT ON SCHOOL SAFETY.] 
 50.17     On or before January 15 of each year, the attorney general 
 50.18  shall prepare a report on safety in secondary and post-secondary 
 50.19  schools.  The report must include an assessment and evaluation 
 50.20  of the impact of existing laws and programs on school safety and 
 50.21  antiviolence and include recommendations for changes in law or 
 50.22  policy that would increase the safety of schools and curb 
 50.23  violence.  The report must be submitted to the chairs of the 
 50.24  senate and house of representatives committees with jurisdiction 
 50.25  over education and crime issues. 
 50.26     Sec. 2.  [120.1045] [BACKGROUND CHECK.] 
 50.27     Subdivision 1.  [BACKGROUND CHECK REQUIRED.] A school 
 50.28  hiring authority shall request a criminal history background 
 50.29  check from the superintendent of the bureau of criminal 
 50.30  apprehension on all individuals who are offered employment in 
 50.31  the school.  In order to be eligible for employment, an 
 50.32  individual who is offered employment must provide an executed 
 50.33  criminal history consent form and a money order or cashier's 
 50.34  check payable to the bureau of criminal apprehension for the fee 
 50.35  for conducting the criminal history background check.  A school 
 50.36  may charge a person offered employment an additional fee of up 
 51.1   to $2 to cover the school's costs under this section.  The 
 51.2   superintendent shall perform the background check by retrieving 
 51.3   criminal history data maintained in the criminal justice 
 51.4   information system computers. 
 51.5      Subd. 2.  [CONDITIONAL HIRING; DISCHARGE.] A school hiring 
 51.6   authority may hire an individual pending completion of a 
 51.7   background check under subdivision 1 but shall notify the 
 51.8   individual that the individual's employment may be terminated 
 51.9   based on the result of the background check.  A school hiring 
 51.10  authority is not liable for failing to hire or for terminating 
 51.11  an individual's employment based on the result of a background 
 51.12  check under this section. 
 51.13     Subd. 3.  [EXEMPTION.] The requirements of this section do 
 51.14  not apply to hiring authorities of home schools. 
 51.15     Sec. 3.  Minnesota Statutes 1994, section 120.14, is 
 51.16  amended to read: 
 51.17     120.14 [ATTENDANCE OFFICERS.] 
 51.18     The board of any district may authorize the employment of 
 51.19  attendance officers, who shall investigate truancy or 
 51.20  nonattendance at school, make complaints, serve notice and 
 51.21  process, and attend to the enforcement of all laws and district 
 51.22  rules regarding school attendance.  When any attendance officer 
 51.23  learns of any case of habitual truancy or continued 
 51.24  nonattendance of any child required to attend school the officer 
 51.25  shall immediately notify the person having control of such child 
 51.26  to forthwith send to and keep the child in school.  The 
 51.27  attendance officer shall also refer a habitual truant child as 
 51.28  defined in section 260.015, subdivision 19, and the child's 
 51.29  parent or legal guardian to appropriate services and procedures 
 51.30  under chapter 260A, if available within the school district.  
 51.31  Attendance officers or other designated school officials shall 
 51.32  ensure that the notice required by section 260A.03 for a child 
 51.33  who is a continuing truant is sent.  The officer shall act under 
 51.34  the general supervision of the district superintendent. 
 51.35     Sec. 4.  [120.1811] [RESIDENTIAL TREATMENT FACILITIES; 
 51.36  EDUCATION.] 
 52.1      Subdivision 1.  [EDUCATIONAL SCREENING.] Secure and 
 52.2   nonsecure residential treatment facilities licensed by the 
 52.3   department of human services or the department of corrections 
 52.4   shall screen each juvenile who is held in a facility for at 
 52.5   least 72 hours, excluding weekends or holidays, using an 
 52.6   educational screening tool identified by the department of 
 52.7   education, unless the facility determines that the juvenile has 
 52.8   a current individual education plan and obtains a copy of it. 
 52.9   The department of education shall develop or identify an 
 52.10  education screening tool for use in residential facilities.  The 
 52.11  tool must include a life skills development component. 
 52.12     Subd. 2.  [RULEMAKING.] The state board of education may, 
 52.13  in consultation with the commissioners of corrections and human 
 52.14  services, make or amend rules relating to education programs in 
 52.15  residential treatment facilities, if necessary, to implement 
 52.16  this section. 
 52.17     Sec. 5.  Minnesota Statutes 1994, section 120.73, is 
 52.18  amended by adding a subdivision to read: 
 52.19     Subd. 2b.  [SCHOOL UNIFORMS.] Notwithstanding section 
 52.20  120.74, a school board may require students to furnish or 
 52.21  purchase clothing that constitutes a school uniform if the board 
 52.22  has adopted a uniform requirement or program for the student's 
 52.23  school.  In adopting a uniform requirement, the board shall 
 52.24  promote student, staff, parent, and community involvement in the 
 52.25  program and account for the financial ability of students to 
 52.26  purchase uniforms. 
 52.27     Sec. 6.  Minnesota Statutes 1994, section 125.05, is 
 52.28  amended by adding a subdivision to read: 
 52.29     Subd. 8.  [BACKGROUND CHECKS.] (a) The board of teaching 
 52.30  and the state board of education shall request a criminal 
 52.31  history background check from the superintendent of the bureau 
 52.32  of criminal apprehension on all applicants for initial licenses 
 52.33  under their jurisdiction.  An application for a license under 
 52.34  this section must be accompanied by: 
 52.35     (1) an executed criminal history consent form, including 
 52.36  fingerprints; and 
 53.1      (2) a money order or cashier's check payable to the bureau 
 53.2   of criminal apprehension for the fee for conducting the criminal 
 53.3   history background check. 
 53.4      (b) The superintendent of the bureau of criminal 
 53.5   apprehension shall perform the background check required under 
 53.6   paragraph (a) by retrieving criminal history data maintained in 
 53.7   the criminal justice information system computers and shall also 
 53.8   conduct a search of the national criminal records repository, 
 53.9   including the criminal justice data communications network.  The 
 53.10  superintendent is authorized to exchange fingerprints with the 
 53.11  Federal Bureau of Investigation for purposes of the criminal 
 53.12  history check.  The superintendent shall recover the cost to the 
 53.13  bureau of a background check through the fee charged to the 
 53.14  applicant under paragraph (a). 
 53.15     (c) The board of teaching or the state board of education 
 53.16  may issue a license pending completion of a background check 
 53.17  under this subdivision, but shall notify the individual that the 
 53.18  individual's license may be revoked based on the result of the 
 53.19  background check. 
 53.20     Sec. 7.  Minnesota Statutes 1994, section 125.09, 
 53.21  subdivision 1, is amended to read: 
 53.22     Subdivision 1.  [GROUNDS FOR REVOCATION, SUSPENSION, OR 
 53.23  DENIAL.] The board of teaching or the state board of education, 
 53.24  whichever has jurisdiction over a teacher's licensure, may, on 
 53.25  the written complaint of the school board employing a teacher, 
 53.26  or of a teacher organization, or of any other interested person, 
 53.27  which complaint shall specify the nature and character of the 
 53.28  charges, refuse to issue, refuse to renew, suspend, or 
 53.29  revoke such a teacher's license to teach for any of the 
 53.30  following causes: 
 53.31     (1) Immoral character or conduct; 
 53.32     (2) Failure, without justifiable cause, to teach for the 
 53.33  term of the teacher's contract; 
 53.34     (3) Gross inefficiency or willful neglect of duty; or 
 53.35     (4) Failure to meet licensure requirements; or 
 53.36     (5) Fraud or misrepresentation in obtaining a license. 
 54.1      For purposes of this subdivision, the board of teaching is 
 54.2   delegated the authority to suspend or revoke coaching licenses 
 54.3   under the jurisdiction of the state board of education. 
 54.4      Sec. 8.  Minnesota Statutes 1994, section 127.20, is 
 54.5   amended to read: 
 54.6      127.20 [VIOLATIONS; PENALTIES.] 
 54.7      Any person who fails or refuses to provide for instruction 
 54.8   of a child of whom the person has legal custody, and who is 
 54.9   required by section 120.101, subdivision 5, to receive 
 54.10  instruction, when notified so to do by a truant officer or other 
 54.11  official, or any person who induces or attempts to induce any 
 54.12  such child unlawfully to be absent from school, or who knowingly 
 54.13  harbors or employs, while school is in session, any child 
 54.14  unlawfully absent from school, shall be guilty of a misdemeanor 
 54.15  and, upon conviction, shall be punished by a fine of not more 
 54.16  than $50, or by imprisonment for not more than 30 days.  All Any 
 54.17  fines, when collected, shall be paid into the county treasury 
 54.18  for the benefit of the school district in which the offense is 
 54.19  committed. 
 54.20     Sec. 9.  Minnesota Statutes 1994, section 127.27, 
 54.21  subdivision 10, is amended to read: 
 54.22     Subd. 10.  "Suspension" means an action taken by the school 
 54.23  administration, under rules promulgated by the school board, 
 54.24  prohibiting a pupil from attending school for a period of no 
 54.25  more than five ten school days.  If a suspension is longer than 
 54.26  five days, the suspending administrator must provide the 
 54.27  superintendent with a reason for the longer suspension.  This 
 54.28  definition does not apply to dismissal from school for one 
 54.29  school day or less.  Each suspension action shall include a 
 54.30  readmission plan.  The readmission plan shall include, where 
 54.31  appropriate, a provision for alternative programs to be 
 54.32  implemented upon readmission.  Suspension may not be 
 54.33  consecutively imposed against the same pupil for the same course 
 54.34  of conduct, or incident of misconduct, except where the pupil 
 54.35  will create an immediate and substantial danger to surrounding 
 54.36  persons or property.  In no event shall suspension exceed 15 
 55.1   school days, provided that an alternative program shall be 
 55.2   implemented to the extent that suspension exceeds five days. 
 55.3      Sec. 10.  [127.282] [EXPULSION FOR POSSESSION OF FIREARM.] 
 55.4      (a) Notwithstanding the time limitation in section 127.27, 
 55.5   subdivision 5, a school board must expel for a period of at 
 55.6   least one year a pupil who is determined to have brought a 
 55.7   firearm to school except the board may modify this expulsion 
 55.8   requirement for a pupil on a case-by-case basis.  For the 
 55.9   purposes of this section, firearm is as defined in United States 
 55.10  Code, title 18, section 921. 
 55.11     (b) Notwithstanding chapter 13, a student's expulsion or 
 55.12  withdrawal or transfer from a school after an expulsion action 
 55.13  is initiated against the student for a weapons violation under 
 55.14  paragraph (a) may be disclosed by the school district initiating 
 55.15  the expulsion proceeding.  Unless the information is otherwise 
 55.16  public, the disclosure may be made only to another school 
 55.17  district in connection with the possible admission of the 
 55.18  student to the other district. 
 55.19     Sec. 11.  [127.47] [SCHOOL LOCKER POLICY.] 
 55.20     Subdivision 1.  [POLICY.] It is the policy of the state of 
 55.21  Minnesota that:  
 55.22     "School lockers are the property of the school district.  
 55.23  At no time does the school district relinquish its exclusive 
 55.24  control of lockers provided for the convenience of students.  
 55.25  Inspection of the interior of lockers may be conducted by school 
 55.26  authorities for any reason at any time, without notice, without 
 55.27  student consent, and without a search warrant.  The personal 
 55.28  possessions of students within a school locker may be searched 
 55.29  only when school authorities have a reasonable suspicion that 
 55.30  the search will uncover evidence of a violation of law or school 
 55.31  rules.  As soon as practicable after the search of a student's 
 55.32  personal possessions, the school authorities must provide notice 
 55.33  of the search to students whose lockers were searched unless 
 55.34  disclosure would impede an ongoing investigation by police or 
 55.35  school officials." 
 55.36     Subd. 2.  [DISSEMINATION.] The locker policy must be 
 56.1   disseminated to parents and students in the way that other 
 56.2   policies of general application to students are disseminated.  A 
 56.3   copy of the policy must be provided to a student the first time 
 56.4   after the policy is effective that the student is given the use 
 56.5   of a locker. 
 56.6      Sec. 12.  [127.48] [POLICY TO REFER FIREARMS POSSESSOR.] 
 56.7      Each school board must have a policy requiring the 
 56.8   appropriate school official to, as soon as practicable, refer to 
 56.9   the criminal justice or juvenile delinquency system, as 
 56.10  appropriate, any pupil who brings a firearm to school unlawfully.
 56.11     Sec. 13.  Minnesota Statutes 1994, section 171.04, 
 56.12  subdivision 1, is amended to read: 
 56.13     Subdivision 1.  [PERSONS NOT ELIGIBLE.] The department 
 56.14  shall not issue a driver's license hereunder: 
 56.15     (1) To any person who is under the age of 16 years; to any 
 56.16  person under 18 years unless such person shall have successfully 
 56.17  completed a course in driver education, including both classroom 
 56.18  and behind-the-wheel instruction, approved by the state board of 
 56.19  education for courses offered through the public schools, or, in 
 56.20  the case of a course offered by a private, commercial driver 
 56.21  education school or institute, by the department of public 
 56.22  safety; except when such person has completed a course of driver 
 56.23  education in another state or has a previously issued valid 
 56.24  license from another state or country; nor to any person under 
 56.25  18 years unless the application of license is approved by either 
 56.26  parent when both reside in the same household as the minor 
 56.27  applicant, otherwise the parent or spouse of the parent having 
 56.28  custody or with whom the minor is living in the event there is 
 56.29  no court order for custody, or guardian having the custody of 
 56.30  such minor, or in the event a person under the age of 18 has no 
 56.31  living father, mother or guardian, the license shall not be 
 56.32  issued to such person unless the application therefor is 
 56.33  approved by the person's employer.  Driver education courses 
 56.34  offered in any public school shall be open for enrollment to 
 56.35  persons between the ages of 15 and 18 years residing in the 
 56.36  school district or attending school therein.  Any public school 
 57.1   offering driver education courses may charge an enrollment fee 
 57.2   for the driver education course which shall not exceed the 
 57.3   actual cost thereof to the public school and the school 
 57.4   district.  The approval required herein shall contain a 
 57.5   verification of the age of the applicant; 
 57.6      (2) To any person whose license has been suspended during 
 57.7   the period of suspension except that a suspended license may be 
 57.8   reinstated during the period of suspension upon the licensee 
 57.9   furnishing proof of financial responsibility in the same manner 
 57.10  as provided in the Minnesota no-fault automobile insurance act; 
 57.11     (3) To any person whose license has been revoked except 
 57.12  upon furnishing proof of financial responsibility in the same 
 57.13  manner as provided in the Minnesota no-fault automobile 
 57.14  insurance act and if otherwise qualified; 
 57.15     (4) To any person who is a drug dependent person as defined 
 57.16  in section 254A.02, subdivision 5; 
 57.17     (5) To any person who has been adjudged legally incompetent 
 57.18  by reason of mental illness, mental deficiency, or inebriation, 
 57.19  and has not been restored to capacity, unless the department is 
 57.20  satisfied that such person is competent to operate a motor 
 57.21  vehicle with safety to persons or property; 
 57.22     (6) To any person who is required by this chapter to take 
 57.23  an examination, unless such person shall have successfully 
 57.24  passed such examination; 
 57.25     (7) To any person who is required under the provisions of 
 57.26  the Minnesota no-fault automobile insurance act of this state to 
 57.27  deposit proof of financial responsibility and who has not 
 57.28  deposited such proof; 
 57.29     (8) To any person when the commissioner has good cause to 
 57.30  believe that the operation of a motor vehicle on the highways by 
 57.31  such person would be inimical to public safety or welfare; 
 57.32     (9) To any person when, in the opinion of the commissioner, 
 57.33  such person is afflicted with or suffering from such physical or 
 57.34  mental disability or disease as will affect such person in a 
 57.35  manner to prevent the person from exercising reasonable and 
 57.36  ordinary control over a motor vehicle while operating the same 
 58.1   upon the highways; nor to a person who is unable to read and 
 58.2   understand official signs regulating, warning, and directing 
 58.3   traffic; 
 58.4      (10) To a child for whom a court has ordered denial of 
 58.5   driving privileges under section 260.191, subdivision 1, or 
 58.6   260.195, subdivision 3a, until the period of denial is 
 58.7   completed; or 
 58.8      (11) To any person whose license has been canceled, during 
 58.9   the period of cancellation. 
 58.10     Sec. 14.  Minnesota Statutes 1994, section 242.31, 
 58.11  subdivision 1, is amended to read: 
 58.12     Subdivision 1.  Whenever a person who has been committed to 
 58.13  the custody of the commissioner of corrections upon conviction 
 58.14  of a crime following certification to district court under the 
 58.15  provisions of section 260.125 is finally discharged by order of 
 58.16  the commissioner, that discharge shall restore the person to all 
 58.17  civil rights and, if so ordered by the commissioner of 
 58.18  corrections, also shall have the effect of setting aside the 
 58.19  conviction, nullifying it and purging the person of it.  The 
 58.20  commissioner shall file a copy of the order with the district 
 58.21  court of the county in which the conviction occurred; upon 
 58.22  receipt, the court shall order the conviction set aside.  An 
 58.23  order setting aside a conviction for a crime of violence as 
 58.24  defined in section 624.712, subdivision 5, must provide that the 
 58.25  person is not entitled to ship, transport, possess, or receive a 
 58.26  firearm until ten years have elapsed since the order was entered 
 58.27  and during that time the person was not convicted of any other 
 58.28  crime of violence.  A person whose conviction was set aside 
 58.29  under this section and who thereafter has received a relief of 
 58.30  disability under United States Code, title 18, section 925, 
 58.31  shall not be subject to the restrictions of this subdivision. 
 58.32     Sec. 15.  Minnesota Statutes 1994, section 260.015, 
 58.33  subdivision 21, is amended to read: 
 58.34     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
 58.35  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
 58.36  alcohol offense, a juvenile controlled substance offense, a 
 59.1   violation of section 609.685, or a violation of a local 
 59.2   ordinance, which by its terms prohibits conduct by a child under 
 59.3   the age of 18 years which would be lawful conduct if committed 
 59.4   by an adult.  
 59.5      (b) "Juvenile petty offense" also includes an offense, 
 59.6   other than a violation of section 609.224, 609.324, 609.563, 
 59.7   609.576, or 617.23, that would be a misdemeanor if committed by 
 59.8   an adult if: 
 59.9      (1) the child has not been found to be a juvenile petty 
 59.10  offender on more than two prior occasions for a 
 59.11  misdemeanor-level offense; 
 59.12     (2) the child has not previously been found to be 
 59.13  delinquent for a misdemeanor, gross misdemeanor, or felony 
 59.14  offense; or 
 59.15     (3) the county attorney designates the child on the 
 59.16  petition as a juvenile petty offender, notwithstanding the 
 59.17  child's prior record of misdemeanor-level juvenile petty 
 59.18  offenses. 
 59.19     (c) A child who commits a juvenile petty offense is a 
 59.20  "juvenile petty offender." 
 59.21     Sec. 16.  [260.042] [ORIENTATION AND EDUCATIONAL PROGRAM.] 
 59.22     The court shall make an orientation and educational program 
 59.23  available for juveniles and their families in accordance with 
 59.24  the program established, if any, by the supreme court. 
 59.25     Sec. 17.  Minnesota Statutes 1994, section 260.115, 
 59.26  subdivision 1, is amended to read: 
 59.27     Subdivision 1.  [TRANSFERS REQUIRED.] Except where a 
 59.28  juvenile court has certified an alleged violation to district 
 59.29  court in accordance with the provisions of section 260.125, the 
 59.30  child is alleged to have committed murder in the first degree 
 59.31  after becoming 16 years of age, or a court has original 
 59.32  jurisdiction of a child who has committed an adult court traffic 
 59.33  offense, as defined in section 260.193, subdivision 1, clause 
 59.34  (c), a court other than a juvenile court shall immediately 
 59.35  transfer to the juvenile court of the county the case of a minor 
 59.36  who appears before the court on a charge of violating any state 
 60.1   or local law or ordinance and who is under 18 years of age or 
 60.2   who was under 18 years of age at the time of the commission of 
 60.3   the alleged offense. 
 60.4      Sec. 18.  Minnesota Statutes 1994, section 260.125, is 
 60.5   amended to read: 
 60.6      260.125 [CERTIFICATION TO DISTRICT COURT.] 
 60.7      Subdivision 1.  When a child is alleged to have committed, 
 60.8   after becoming 14 years of age, an offense that would be a 
 60.9   felony if committed by an adult, the juvenile court may enter an 
 60.10  order certifying the proceeding to the district court for action 
 60.11  under the criminal laws under the laws and court procedures 
 60.12  controlling adult criminal violations. 
 60.13     Subd. 2.  [ORDER OF CERTIFICATION; REQUIREMENTS.] Except as 
 60.14  provided in subdivision 3a or 3b, the juvenile court may order a 
 60.15  certification to district court only if:  
 60.16     (1) a petition has been filed in accordance with the 
 60.17  provisions of section 260.131; 
 60.18     (2) a motion for certification has been filed by the 
 60.19  prosecuting authority; 
 60.20     (3) notice has been given in accordance with the provisions 
 60.21  of sections 260.135 and 260.141; 
 60.22     (4) a hearing has been held in accordance with the 
 60.23  provisions of section 260.155 within 30 days of the filing of 
 60.24  the certification motion, unless good cause is shown by the 
 60.25  prosecution or the child as to why the hearing should not be 
 60.26  held within this period in which case the hearing shall be held 
 60.27  within 90 days of the filing of the motion; 
 60.28     (5) the court finds that there is probable cause, as 
 60.29  defined by the rules of criminal procedure promulgated pursuant 
 60.30  to section 480.059, to believe the child committed the offense 
 60.31  alleged by delinquency petition; and 
 60.32     (6) the court finds either: 
 60.33     (i) that the presumption of certification created by 
 60.34  subdivision 2a applies and the child has not rebutted the 
 60.35  presumption by clear and convincing evidence demonstrating that 
 60.36  retaining the proceeding in the juvenile court serves public 
 61.1   safety; or 
 61.2      (ii) that the presumption of certification does not apply 
 61.3   and the prosecuting authority has demonstrated by clear and 
 61.4   convincing evidence that retaining the proceeding in the 
 61.5   juvenile court does not serve public safety.  If the court finds 
 61.6   that the prosecutor has not demonstrated by clear and convincing 
 61.7   evidence that retaining the proceeding in juvenile court does 
 61.8   not serve public safety, the court shall retain the proceeding 
 61.9   in juvenile court. 
 61.10     Subd. 2a.  [PRESUMPTION OF CERTIFICATION.] It is presumed 
 61.11  that a proceeding involving an offense committed by a child will 
 61.12  be certified to district court if: 
 61.13     (1) the child was 16 or 17 years old at the time of the 
 61.14  offense; and 
 61.15     (2) the delinquency petition alleges that the child 
 61.16  committed an offense that would result in a presumptive 
 61.17  commitment to prison under the sentencing guidelines and 
 61.18  applicable statutes, or that the child committed any felony 
 61.19  offense while using, whether by brandishing, displaying, 
 61.20  threatening with, or otherwise employing, a firearm. 
 61.21  If the court determines that probable cause exists to believe 
 61.22  the child committed the alleged offense, the burden is on the 
 61.23  child to rebut this presumption by demonstrating by clear and 
 61.24  convincing evidence that retaining the proceeding in the 
 61.25  juvenile court serves public safety.  If the court finds that 
 61.26  the child has not rebutted the presumption by clear and 
 61.27  convincing evidence, the court shall certify the child to 
 61.28  district court proceeding. 
 61.29     Subd. 2b.  [PUBLIC SAFETY.] In determining whether the 
 61.30  public safety is served by certifying a child to district court 
 61.31  the matter, the court shall consider the following factors: 
 61.32     (1) the seriousness of the alleged offense in terms of 
 61.33  community protection, including the existence of any aggravating 
 61.34  factors recognized by the sentencing guidelines, the use of a 
 61.35  firearm, and the impact on any victim; 
 61.36     (2) the culpability of the child in committing the alleged 
 62.1   offense, including the level of the child's participation in 
 62.2   planning and carrying out the offense and the existence of any 
 62.3   mitigating factors recognized by the sentencing guidelines; 
 62.4      (3) the child's prior record of delinquency; 
 62.5      (4) the child's programming history, including the child's 
 62.6   past willingness to participate meaningfully in available 
 62.7   programming; 
 62.8      (5) the adequacy of the punishment or programming available 
 62.9   in the juvenile justice system; and 
 62.10     (6) the dispositional options available for the child. 
 62.11  In considering these factors, the court shall give greater 
 62.12  weight to the seriousness of the alleged offense and the child's 
 62.13  prior record of delinquency than to the other factors listed in 
 62.14  this subdivision. 
 62.15     Subd. 3a.  [PRIOR CERTIFICATION; EXCEPTION.] 
 62.16  Notwithstanding the provisions of subdivisions 2, 2a, and 2b, 
 62.17  the court shall order a certification in any felony case if the 
 62.18  prosecutor shows that the child has been previously prosecuted 
 62.19  on a felony charge by an order of certification issued pursuant 
 62.20  to either a hearing held under subdivision 2 or pursuant to the 
 62.21  waiver of the right to such a hearing, other than a prior 
 62.22  certification in the same case. 
 62.23     This subdivision only applies if the child is convicted of 
 62.24  the offense or offenses for which the child was prosecuted 
 62.25  pursuant to the order of certification or of a lesser-included 
 62.26  offense which is a felony.  
 62.27     This subdivision does not apply to juvenile offenders who 
 62.28  are subject to criminal court jurisdiction under section 609.055.
 62.29     Subd. 3b.  [ADULT CHARGED WITH JUVENILE OFFENSE.] The 
 62.30  juvenile court has jurisdiction to hold a certification hearing 
 62.31  on motion of the prosecuting authority to certify the matter to 
 62.32  district court if: 
 62.33     (1) an adult is alleged to have committed an offense before 
 62.34  the adult's 18th birthday; and 
 62.35     (2) a petition is filed under section 260.131 before 
 62.36  expiration of the time for filing under section 628.26. 
 63.1   The court may not certify the matter to district court under 
 63.2   this subdivision if the adult demonstrates that the delay was 
 63.3   purposefully caused by the state in order to gain an unfair 
 63.4   advantage. 
 63.5      Subd. 4.  [EFFECT OF ORDER.] When the juvenile court enters 
 63.6   an order certifying an alleged violation to district court, the 
 63.7   prosecuting authority shall proceed with the case as if the 
 63.8   jurisdiction of the juvenile court had never attached. 
 63.9      Subd. 5.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 63.10  decide whether to order certification to district court within 
 63.11  15 days after the certification hearing was completed, unless 
 63.12  additional time is needed, in which case the court may extend 
 63.13  the period up to another 15 days.  If the juvenile court orders 
 63.14  certification, and the presumption described in subdivision 2a 
 63.15  does not apply, the order shall contain in writing, findings of 
 63.16  fact and conclusions of law as to why public safety is not 
 63.17  served by retaining the proceeding in the juvenile court.  If 
 63.18  the juvenile court, after a hearing conducted pursuant to 
 63.19  subdivision 2, decides not to order certification to district 
 63.20  court, the decision shall contain, in writing, findings of fact 
 63.21  and conclusions of law as to why certification is not ordered.  
 63.22  If the juvenile court decides not to order certification in a 
 63.23  case in which the presumption described in subdivision 2a 
 63.24  applies, the court shall designate the proceeding an extended 
 63.25  jurisdiction juvenile prosecution and include in its decision 
 63.26  written findings of fact and conclusions of law as to why the 
 63.27  retention of the proceeding in juvenile court serves public 
 63.28  safety, with specific reference to the factors listed in 
 63.29  subdivision 2b.  If the court decides not to order certification 
 63.30  in a case in which the presumption described in subdivision 2a 
 63.31  does not apply, the court may designate the proceeding an 
 63.32  extended jurisdiction juvenile prosecution, pursuant to the 
 63.33  hearing process described in section 260.126, subdivision 2. 
 63.34     Subd. 6.  [FIRST-DEGREE MURDER.] When a motion for 
 63.35  certification has been filed in a case in which the petition 
 63.36  alleges that the child committed murder in the first degree, the 
 64.1   prosecuting authority shall present the case to the grand jury 
 64.2   for consideration of indictment under chapter 628 within 14 days 
 64.3   after the petition was filed. 
 64.4      Subd. 7.  [INAPPLICABILITY TO CERTAIN OFFENDERS.] This 
 64.5   section does not apply to a child excluded from the definition 
 64.6   of delinquent child under section 260.015, subdivision 5, 
 64.7   paragraph (b). 
 64.8      Sec. 19.  Minnesota Statutes 1994, section 260.126, 
 64.9   subdivision 5, is amended to read: 
 64.10     Subd. 5.  [EXECUTION OF ADULT SENTENCE.] When it appears 
 64.11  that a person convicted as an extended jurisdiction juvenile has 
 64.12  violated the conditions of the stayed sentence, or is alleged to 
 64.13  have committed a new offense, the court may, without notice, 
 64.14  revoke the stay and probation and direct that the offender be 
 64.15  taken into immediate custody.  The court shall notify the 
 64.16  offender in writing of the reasons alleged to exist for 
 64.17  revocation of the stay of execution of the adult sentence.  If 
 64.18  the offender challenges the reasons, the court shall hold a 
 64.19  summary hearing on the issue at which the offender is entitled 
 64.20  to be heard and represented by counsel.  After the hearing, if 
 64.21  the court finds that reasons exist to revoke the stay of 
 64.22  execution of sentence, the court shall treat the offender as an 
 64.23  adult and order any of the adult sanctions authorized by section 
 64.24  609.14, subdivision 3.  If the offender was convicted of an 
 64.25  offense described in subdivision 1, clause (2), and the court 
 64.26  finds that reasons exist to revoke the stay, the court must 
 64.27  order execution of the previously imposed sentence unless the 
 64.28  court makes written findings regarding the mitigating factors 
 64.29  that justify continuing the stay.  Upon revocation, the 
 64.30  offender's extended jurisdiction status is terminated and 
 64.31  juvenile court jurisdiction is terminated.  The ongoing 
 64.32  jurisdiction for any adult sanction, other than commitment to 
 64.33  the commissioner of corrections, is with the adult court. 
 64.34     Sec. 20.  Minnesota Statutes 1994, section 260.131, is 
 64.35  amended by adding a subdivision to read: 
 64.36     Subd. 1b.  [CHILD IN NEED OF PROTECTION OR SERVICES; 
 65.1   HABITUAL TRUANT.] If there is a school attendance review board 
 65.2   or county attorney mediation program operating in the child's 
 65.3   school district, a petition alleging that a child is in need of 
 65.4   protection or services as a habitual truant under section 
 65.5   260.015, subdivision 2a, clause (12), may not be filed until the 
 65.6   applicable procedures under section 260A.06 or 260A.07 have been 
 65.7   exhausted. 
 65.8      Sec. 21.  Minnesota Statutes 1994, section 260.131, 
 65.9   subdivision 4, is amended to read: 
 65.10     Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 65.11  JUVENILE.] When a prosecutor files a delinquency petition 
 65.12  alleging that a child committed a felony offense for which there 
 65.13  is a presumptive commitment to prison according to the 
 65.14  sentencing guidelines and applicable statutes or in which the 
 65.15  child used a firearm, after reaching the age of 16 years, the 
 65.16  prosecutor shall indicate in the petition whether the prosecutor 
 65.17  designates the proceeding an extended jurisdiction juvenile 
 65.18  prosecution.  When a prosecutor files a delinquency petition 
 65.19  alleging that a child aged 14 to 17 years committed a felony 
 65.20  offense, the prosecutor may request that the court designate the 
 65.21  proceeding an extended jurisdiction juvenile prosecution. 
 65.22     Sec. 22.  Minnesota Statutes 1994, section 260.132, 
 65.23  subdivision 1, is amended to read: 
 65.24     Subdivision 1.  [NOTICE.] When a peace officer, or 
 65.25  attendance officer in the case of a habitual truant, has 
 65.26  probable cause to believe that a child: 
 65.27     (1) is in need of protection or services under section 
 65.28  260.015, subdivision 2a, clause (11) or (12); 
 65.29     (2) is a juvenile petty offender; or 
 65.30     (3) has committed a delinquent act that would be a petty 
 65.31  misdemeanor or misdemeanor if committed by an adult; 
 65.32  the officer may issue a notice to the child to appear in 
 65.33  juvenile court in the county in which the child is found or in 
 65.34  the county of the child's residence or, in the case of a 
 65.35  juvenile petty offense, or a petty misdemeanor or misdemeanor 
 65.36  delinquent act, the county in which the offense was committed.  
 66.1   If there is a school attendance review board or county attorney 
 66.2   mediation program operating in the child's school district, a 
 66.3   notice to appear in juvenile court for a habitual truant may not 
 66.4   be issued until the applicable procedures under section 260A.06 
 66.5   or 260A.07 have been exhausted.  The officer shall file a copy 
 66.6   of the notice to appear with the juvenile court of the 
 66.7   appropriate county.  If a child fails to appear in response to 
 66.8   the notice, the court may issue a summons notifying the child of 
 66.9   the nature of the offense alleged and the time and place set for 
 66.10  the hearing.  If the peace officer finds it necessary to take 
 66.11  the child into custody, sections 260.165 and 260.171 shall apply.
 66.12     Sec. 23.  Minnesota Statutes 1994, section 260.132, is 
 66.13  amended by adding a subdivision to read: 
 66.14     Subd. 3a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] A child 
 66.15  alleged to be a juvenile petty offender may be represented by 
 66.16  counsel, but does not have a right to appointment of a public 
 66.17  defender or other counsel at public expense. 
 66.18     Sec. 24.  Minnesota Statutes 1994, section 260.132, 
 66.19  subdivision 4, is amended to read: 
 66.20     Subd. 4.  [TRUANT.] When a peace officer or probation 
 66.21  officer has probable cause to believe that a child is currently 
 66.22  under age 16 and absent from school without lawful excuse, the 
 66.23  officer may transport the child to the child's home and deliver 
 66.24  the child to the custody of the child's parent or guardian, 
 66.25  transport the child to the child's school of enrollment and 
 66.26  deliver the child to the custody of a school superintendent or 
 66.27  teacher or transport the child to a truancy service center under 
 66.28  section 260A.04, subdivision 3.  For purposes of this 
 66.29  subdivision, a truancy service center is a facility that 
 66.30  receives truant students from peace officers or probation 
 66.31  officers and takes appropriate action including one or more of 
 66.32  the following: 
 66.33     (1) assessing the truant's attendance situation; 
 66.34     (2) assisting in coordinating intervention efforts where 
 66.35  appropriate; 
 66.36     (3) contacting the parents or legal guardian of the truant 
 67.1   and releasing the truant to the custody of the parent or 
 67.2   guardian; and 
 67.3      (4) facilitating the truant's earliest possible return to 
 67.4   school. 
 67.5      Sec. 25.  Minnesota Statutes 1994, section 260.155, 
 67.6   subdivision 2, is amended to read: 
 67.7      Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 67.8   guardian or custodian have has the right to effective assistance 
 67.9   of counsel in connection with a proceeding in juvenile 
 67.10  court unless the child is charged with a juvenile petty offense 
 67.11  as defined in section 260.015, subdivision 21.  Before a child 
 67.12  who is charged by delinquency petition with a misdemeanor 
 67.13  offense waives the right to counsel or enters a plea, the child 
 67.14  shall consult in person with counsel who shall provide a full 
 67.15  and intelligible explanation of the child's rights.  The court 
 67.16  shall appoint counsel, or stand-by counsel if the child waives 
 67.17  the right to counsel, for a child who is: 
 67.18     (1) charged by delinquency petition with a gross 
 67.19  misdemeanor or felony offense; or 
 67.20     (2) the subject of a delinquency proceeding in which 
 67.21  out-of-home placement has been proposed. 
 67.22     (b) If they desire counsel but are unable to employ it, the 
 67.23  court shall appoint counsel to represent the child or the 
 67.24  parents or guardian in any other case in which it feels that 
 67.25  such an appointment is desirable, except a juvenile petty 
 67.26  offense as defined in section 260.015, subdivision 21. 
 67.27     Sec. 26.  Minnesota Statutes 1994, section 260.161, 
 67.28  subdivision 3, is amended to read: 
 67.29     Subd. 3.  [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except 
 67.30  for records relating to an offense where proceedings are public 
 67.31  under section 260.155, subdivision 1, peace officers' records of 
 67.32  children who are or may be delinquent or who may be engaged in 
 67.33  criminal acts shall be kept separate from records of persons 18 
 67.34  years of age or older and are private data but shall be 
 67.35  disseminated:  (1) by order of the juvenile court, (2) as 
 67.36  required by section 126.036, (3) as authorized under section 
 68.1   13.82, subdivision 2, (4) to the child or the child's parent or 
 68.2   guardian unless disclosure of a record would interfere with an 
 68.3   ongoing investigation, or (5) as otherwise provided in this 
 68.4   subdivision.  Except as provided in paragraph (c), no 
 68.5   photographs of a child taken into custody may be taken without 
 68.6   the consent of the juvenile court unless the child is alleged to 
 68.7   have violated section 169.121 or 169.129.  Peace officers' 
 68.8   records containing data about children who are victims of crimes 
 68.9   or witnesses to crimes must be administered consistent with 
 68.10  section 13.82, subdivisions 2, 3, 4, and 10.  Any person 
 68.11  violating any of the provisions of this subdivision shall be 
 68.12  guilty of a misdemeanor. 
 68.13     In the case of computerized records maintained about 
 68.14  juveniles by peace officers, the requirement of this subdivision 
 68.15  that records about juveniles must be kept separate from adult 
 68.16  records does not mean that a law enforcement agency must keep 
 68.17  its records concerning juveniles on a separate computer system.  
 68.18  Law enforcement agencies may keep juvenile records on the same 
 68.19  computer as adult records and may use a common index to access 
 68.20  both juvenile and adult records so long as the agency has in 
 68.21  place procedures that keep juvenile records in a separate place 
 68.22  in computer storage and that comply with the special data 
 68.23  retention and other requirements associated with protecting data 
 68.24  on juveniles. 
 68.25     (b) Nothing in this subdivision prohibits the exchange of 
 68.26  information by law enforcement agencies if the exchanged 
 68.27  information is pertinent and necessary to the requesting agency 
 68.28  in initiating, furthering, or completing a criminal 
 68.29  investigation. 
 68.30     (c) A photograph may be taken of a child taken into custody 
 68.31  pursuant to section 260.165, subdivision 1, clause (b), provided 
 68.32  that the photograph must be destroyed when the child reaches the 
 68.33  age of 19 years.  The commissioner of corrections may photograph 
 68.34  juveniles whose legal custody is transferred to the 
 68.35  commissioner.  Photographs of juveniles authorized by this 
 68.36  paragraph may be used only for institution management purposes, 
 69.1   case supervision by parole agents, and to assist law enforcement 
 69.2   agencies to apprehend juvenile offenders.  The commissioner 
 69.3   shall maintain photographs of juveniles in the same manner as 
 69.4   juvenile court records and names under this section. 
 69.5      (d) Traffic investigation reports are open to inspection by 
 69.6   a person who has sustained physical harm or economic loss as a 
 69.7   result of the traffic accident.  Identifying information on 
 69.8   juveniles who are parties to traffic accidents may be disclosed 
 69.9   as authorized under section 13.82, subdivision 4, and accident 
 69.10  reports required under section 169.09 may be released under 
 69.11  section 169.09, subdivision 13, unless the information would 
 69.12  identify a juvenile who was taken into custody or who is 
 69.13  suspected of committing an offense that would be a crime if 
 69.14  committed by an adult, or would associate a juvenile with the 
 69.15  offense, and the offense is not a minor traffic offense under 
 69.16  section 260.193. 
 69.17     (e) A law enforcement agency shall notify the principal or 
 69.18  chief administrative officer of a juvenile's school of an 
 69.19  incident occurring within the agency's jurisdiction if: 
 69.20     (1) the agency has probable cause to believe that the 
 69.21  juvenile has committed an offense that would be a crime if 
 69.22  committed as an adult, that the victim of the offense is a 
 69.23  student or staff member of the school, and that notice to the 
 69.24  school is reasonably necessary for the protection of the victim; 
 69.25  or 
 69.26     (2) the agency has probable cause to believe that the 
 69.27  juvenile has committed an offense described in subdivision 1b, 
 69.28  paragraph (a), clauses (1) to (3), that would be a crime if 
 69.29  committed by an adult, regardless of whether the victim is a 
 69.30  student or staff member of the school. 
 69.31     A law enforcement agency is not required to notify the 
 69.32  school under this paragraph if the agency determines that notice 
 69.33  would jeopardize an ongoing investigation.  Notwithstanding 
 69.34  section 138.17, data from a notice received from a law 
 69.35  enforcement agency under this paragraph must be destroyed when 
 69.36  the juvenile graduates from the school or at the end of the 
 70.1   academic year when the juvenile reaches age 23, whichever date 
 70.2   is earlier.  For purposes of this paragraph, "school" means a 
 70.3   public or private elementary, middle, or secondary school. 
 70.4      (f) In any county in which the county attorney operates or 
 70.5   authorizes the operation of a juvenile prepetition or pretrial 
 70.6   diversion program, a law enforcement agency or county attorney's 
 70.7   office may provide the juvenile diversion program with data 
 70.8   concerning a juvenile who is a participant in or is being 
 70.9   considered for participation in the program. 
 70.10     (g) Upon request of a local social service agency, peace 
 70.11  officer records of children who are or may be delinquent or who 
 70.12  may be engaged in criminal acts may be disseminated to the 
 70.13  agency to promote the best interests of the subject of the data. 
 70.14     Sec. 27.  [260.1735] [EXTENSION OF DETENTION PERIOD.] 
 70.15     Before July 1, 1997, and pursuant to a request from an 
 70.16  eight-day temporary holdover facility, as defined in section 
 70.17  241.0221, the commissioner of corrections, or the commissioner's 
 70.18  designee, may grant a one-time extension per child to the 
 70.19  eight-day limit on detention under this chapter.  This extension 
 70.20  may allow such a facility to detain a child for up to 30 days 
 70.21  including weekends and holidays.  Upon the expiration of the 
 70.22  extension, the child may not be transferred to another eight-day 
 70.23  temporary holdover facility.  The commissioner shall develop 
 70.24  criteria for granting extensions under this section.  These 
 70.25  criteria must ensure that the child be transferred to a 
 70.26  long-term juvenile detention facility as soon as such a transfer 
 70.27  is possible.  Nothing in this section changes the requirements 
 70.28  in section 260.172 regarding the necessity of detention hearings 
 70.29  to determine whether continued detention of the child is proper. 
 70.30     Sec. 28.  Minnesota Statutes 1994, section 260.181, 
 70.31  subdivision 4, is amended to read: 
 70.32     Subd. 4.  [TERMINATION OF JURISDICTION.] (a) The court may 
 70.33  dismiss the petition or otherwise terminate its jurisdiction on 
 70.34  its own motion or on the motion or petition of any interested 
 70.35  party at any time.  Unless terminated by the court, and except 
 70.36  as otherwise provided in this subdivision, the jurisdiction of 
 71.1   the court shall continue until the individual becomes 19 years 
 71.2   of age if the court determines it is in the best interest of the 
 71.3   individual to do so.  Court jurisdiction under section 260.015, 
 71.4   subdivision 2a, clause (12), may not continue past the child's 
 71.5   17th birthday.  
 71.6      (b) The jurisdiction of the court over an extended 
 71.7   jurisdiction juvenile, with respect to the offense for which the 
 71.8   individual was convicted as an extended jurisdiction juvenile, 
 71.9   extends until the offender becomes 21 years of age, unless the 
 71.10  court terminates jurisdiction before that date.  
 71.11     (c) The juvenile court has jurisdiction to designate the 
 71.12  proceeding an extended jurisdiction juvenile prosecution, to 
 71.13  hold a certification hearing, or to conduct a trial, receive a 
 71.14  plea, or impose a disposition under section 260.126, subdivision 
 71.15  4, if: 
 71.16     (1) an adult is alleged to have committed an offense before 
 71.17  the adult's 18th birthday; and 
 71.18     (2) a petition is filed under section 260.131 before 
 71.19  expiration of the time for filing under section 628.26 and 
 71.20  before the adult's 21st birthday. 
 71.21  The juvenile court lacks jurisdiction under this paragraph if 
 71.22  the adult demonstrates that the delay was purposefully caused by 
 71.23  the state in order to gain an unfair advantage. 
 71.24     (d) The district court has original and exclusive 
 71.25  jurisdiction over a proceeding: 
 71.26     (1) that involves an adult who is alleged to have committed 
 71.27  an offense before the adult's 18th birthday; and 
 71.28     (2) in which a criminal complaint is filed before 
 71.29  expiration of the time for filing under section 628.26 and after 
 71.30  the adult's 21st birthday. 
 71.31     The juvenile court retains jurisdiction if the adult 
 71.32  demonstrates that the delay in filing a criminal complaint was 
 71.33  purposefully caused by the state in order to gain an unfair 
 71.34  advantage. 
 71.35     (e) The juvenile court has jurisdiction over a person who 
 71.36  has been adjudicated delinquent until the person's 21st birthday 
 72.1   if the person fails to appear at any juvenile court hearing or 
 72.2   fails to appear at or absconds from any placement under a 
 72.3   juvenile court order.  The juvenile court has jurisdiction over 
 72.4   a convicted extended jurisdiction juvenile who fails to appear 
 72.5   at any juvenile court hearing or fails to appear at or absconds 
 72.6   from any placement under section 260.126, subdivision 4.  The 
 72.7   juvenile court lacks jurisdiction under this paragraph if the 
 72.8   adult demonstrates that the delay was purposefully caused by the 
 72.9   state in order to gain an unfair advantage. 
 72.10     Sec. 29.  Minnesota Statutes 1994, section 260.185, is 
 72.11  amended by adding a subdivision to read: 
 72.12     Subd. 1b.  [COMMITMENT TO SECURE FACILITY; LENGTH OF STAY; 
 72.13  TRANSFERS.] An adjudicated juvenile may not be placed in a 
 72.14  licensed juvenile secure treatment facility unless the placement 
 72.15  is approved by the juvenile court.  However, the program 
 72.16  administrator may determine the juvenile's length of stay in the 
 72.17  secure portion of the facility.  The administrator shall notify 
 72.18  the court of any movement of juveniles from secure portions of 
 72.19  facilities.  However, the court may, in its discretion, order 
 72.20  that the juveniles be moved back to secure portions of the 
 72.21  facility. 
 72.22     Sec. 30.  Minnesota Statutes 1994, section 260.185, is 
 72.23  amended by adding a subdivision to read: 
 72.24     Subd. 1c.  [PLACEMENT OF JUVENILES IN SECURE FACILITIES; 
 72.25  REQUIREMENTS.] Before a postadjudication placement of a juvenile 
 72.26  in a secure treatment facility either inside or outside the 
 72.27  state, the court may: 
 72.28     (1) consider whether the juvenile has been adjudicated for 
 72.29  a felony offense against the person or that in addition to the 
 72.30  current adjudication, the juvenile has failed to appear in court 
 72.31  on one or more occasions or has run away from home on one or 
 72.32  more occasions; 
 72.33     (2) conduct a subjective assessment to determine whether 
 72.34  the child is a danger to self or others or would abscond from a 
 72.35  nonsecure facility or if the child's health or welfare would be 
 72.36  endangered if not placed in a secure facility; 
 73.1      (3) conduct a culturally appropriate psychological 
 73.2   evaluation which includes a functional assessment of anger and 
 73.3   abuse issues; and 
 73.4      (4) conduct an educational and physical assessment of the 
 73.5   juvenile. 
 73.6      In determining whether to order secure placement, the court 
 73.7   shall consider the necessity of: 
 73.8      (1) protecting the public; 
 73.9      (2) protecting program residents and staff; and 
 73.10     (3) preventing juveniles with histories of absconding from 
 73.11  leaving treatment programs. 
 73.12     Sec. 31.  Minnesota Statutes 1994, section 260.191, 
 73.13  subdivision 1, is amended to read: 
 73.14     Subdivision 1.  [DISPOSITIONS.] (a) If the court finds that 
 73.15  the child is in need of protection or services or neglected and 
 73.16  in foster care, it shall enter an order making any of the 
 73.17  following dispositions of the case: 
 73.18     (1) place the child under the protective supervision of the 
 73.19  local social services agency or child-placing agency in the 
 73.20  child's own home under conditions prescribed by the court 
 73.21  directed to the correction of the child's need for protection or 
 73.22  services; 
 73.23     (2) transfer legal custody to one of the following: 
 73.24     (i) a child-placing agency; or 
 73.25     (ii) the local social services agency. 
 73.26     In placing a child whose custody has been transferred under 
 73.27  this paragraph, the agencies shall follow the order of 
 73.28  preference stated in section 260.181, subdivision 3; 
 73.29     (3) if the child is in need of special treatment and care 
 73.30  for reasons of physical or mental health, the court may order 
 73.31  the child's parent, guardian, or custodian to provide it.  If 
 73.32  the parent, guardian, or custodian fails or is unable to provide 
 73.33  this treatment or care, the court may order it provided.  The 
 73.34  court shall not transfer legal custody of the child for the 
 73.35  purpose of obtaining special treatment or care solely because 
 73.36  the parent is unable to provide the treatment or care.  If the 
 74.1   court's order for mental health treatment is based on a 
 74.2   diagnosis made by a treatment professional, the court may order 
 74.3   that the diagnosing professional not provide the treatment to 
 74.4   the child if it finds that such an order is in the child's best 
 74.5   interests; or 
 74.6      (4) if the court believes that the child has sufficient 
 74.7   maturity and judgment and that it is in the best interests of 
 74.8   the child, the court may order a child 16 years old or older to 
 74.9   be allowed to live independently, either alone or with others as 
 74.10  approved by the court under supervision the court considers 
 74.11  appropriate, if the county board, after consultation with the 
 74.12  court, has specifically authorized this dispositional 
 74.13  alternative for a child. 
 74.14     (b) If the child was adjudicated in need of protection or 
 74.15  services because the child is a runaway or habitual truant, the 
 74.16  court may order any of the following dispositions in addition to 
 74.17  or as alternatives to the dispositions authorized under 
 74.18  paragraph (a): 
 74.19     (1) counsel the child or the child's parents, guardian, or 
 74.20  custodian; 
 74.21     (2) place the child under the supervision of a probation 
 74.22  officer or other suitable person in the child's own home under 
 74.23  conditions prescribed by the court, including reasonable rules 
 74.24  for the child's conduct and the conduct of the parents, 
 74.25  guardian, or custodian, designed for the physical, mental, and 
 74.26  moral well-being and behavior of the child; or with the consent 
 74.27  of the commissioner of corrections, place the child in a group 
 74.28  foster care facility which is under the commissioner's 
 74.29  management and supervision; 
 74.30     (3) subject to the court's supervision, transfer legal 
 74.31  custody of the child to one of the following: 
 74.32     (i) a reputable person of good moral character.  No person 
 74.33  may receive custody of two or more unrelated children unless 
 74.34  licensed to operate a residential program under sections 245A.01 
 74.35  to 245A.16; or 
 74.36     (ii) a county probation officer for placement in a group 
 75.1   foster home established under the direction of the juvenile 
 75.2   court and licensed pursuant to section 241.021; 
 75.3      (4) require the child to pay a fine of up to $100.  The 
 75.4   court shall order payment of the fine in a manner that will not 
 75.5   impose undue financial hardship upon the child; 
 75.6      (5) require the child to participate in a community service 
 75.7   project; 
 75.8      (6) order the child to undergo a chemical dependency 
 75.9   evaluation and, if warranted by the evaluation, order 
 75.10  participation by the child in a drug awareness program or an 
 75.11  inpatient or outpatient chemical dependency treatment program; 
 75.12     (7) if the court believes that it is in the best interests 
 75.13  of the child and of public safety that the child's driver's 
 75.14  license or instruction permit be canceled, the court may 
 75.15  recommend to order the commissioner of public safety that to 
 75.16  cancel the child's license be canceled or permit for any period 
 75.17  up to the child's 18th birthday.  If the child does not have a 
 75.18  driver's license or permit, the court may order a denial of 
 75.19  driving privileges for any period up to the child's 18th 
 75.20  birthday.  The court shall forward an order issued under this 
 75.21  clause to the commissioner is authorized to, who shall cancel 
 75.22  the license or permit or deny driving privileges without a 
 75.23  hearing for the period specified by the court.  At any time 
 75.24  before the expiration of the period of cancellation or denial, 
 75.25  the court may, for good cause, recommend to order the 
 75.26  commissioner of public safety that to allow the child be 
 75.27  authorized to apply for a new license or permit, and the 
 75.28  commissioner may shall so authorize; or 
 75.29     (8) order that the child's parent or legal guardian deliver 
 75.30  the child to school at the beginning of each school day for a 
 75.31  period of time specified by the court; or 
 75.32     (9) require the child to perform any other activities or 
 75.33  participate in any other treatment programs deemed appropriate 
 75.34  by the court.  
 75.35     (c) If a child who is 14 years of age or older is 
 75.36  adjudicated in need of protection or services because the child 
 76.1   is a habitual truant and truancy procedures involving the child 
 76.2   were previously dealt with by a school attendance review board 
 76.3   or county attorney mediation program under section 260A.06 or 
 76.4   260A.07, the court shall order a cancellation or denial of 
 76.5   driving privileges under paragraph (b), clause (7), for any 
 76.6   period up to the child's 18th birthday. 
 76.7      Sec. 32.  Minnesota Statutes 1994, section 260.193, 
 76.8   subdivision 4, is amended to read: 
 76.9      Subd. 4.  [ORIGINAL JURISDICTION; JUVENILE COURT.] The 
 76.10  juvenile court shall have original jurisdiction if the child is 
 76.11  alleged to have committed both major and adult court traffic 
 76.12  offenses in the same behavioral incident over: 
 76.13     (1) all juveniles age 15 and under alleged to have 
 76.14  committed any traffic offense; and 
 76.15     (2) 16- and 17-year-olds alleged to have committed any 
 76.16  major traffic offense, except that the adult court has original 
 76.17  jurisdiction over: 
 76.18     (i) petty traffic misdemeanors not a part of the same 
 76.19  behavioral incident of a misdemeanor being handled in juvenile 
 76.20  court; and 
 76.21     (ii) violations of sections 169.121 (drivers under the 
 76.22  influence of alcohol or controlled substance) and 169.129 
 76.23  (aggravated driving while intoxicated), and any other 
 76.24  misdemeanor or gross misdemeanor level traffic violations 
 76.25  committed as part of the same behavioral incident of a violation 
 76.26  of section 169.121 or 169.129. 
 76.27     Sec. 33.  Minnesota Statutes 1994, section 260.195, is 
 76.28  amended by adding a subdivision to read: 
 76.29     Subd. 2a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] A child 
 76.30  alleged to be a juvenile petty offender may be represented by 
 76.31  counsel, but does not have a right to appointment of a public 
 76.32  defender or other counsel at public expense. 
 76.33     Sec. 34.  Minnesota Statutes 1994, section 260.195, 
 76.34  subdivision 3, is amended to read: 
 76.35     Subd. 3.  [DISPOSITIONS.] If the juvenile court finds that 
 76.36  a child is a petty offender, the court may: 
 77.1      (a) require the child to pay a fine of up to $100; 
 77.2      (b) require the child to participate in a community service 
 77.3   project; 
 77.4      (c) require the child to participate in a drug awareness 
 77.5   program; 
 77.6      (d) place the child on probation for up to six months; 
 77.7      (e) order the child to undergo a chemical dependency 
 77.8   evaluation and if warranted by this evaluation, order 
 77.9   participation by the child in an inpatient or outpatient 
 77.10  chemical dependency treatment program; or 
 77.11     (f) order the child to make restitution to the victim; or 
 77.12     (g) perform any other activities or participate in any 
 77.13  other outpatient treatment programs deemed appropriate by the 
 77.14  court.  
 77.15     In all cases where the juvenile court finds that a child 
 77.16  has purchased or attempted to purchase an alcoholic beverage in 
 77.17  violation of section 340A.503, if the child has a driver's 
 77.18  license or permit to drive, and if the child used a driver's 
 77.19  license, permit or Minnesota identification card to purchase or 
 77.20  attempt to purchase the alcoholic beverage, the court shall 
 77.21  forward its finding in the case and the child's driver's license 
 77.22  or permit to the commissioner of public safety.  Upon receipt, 
 77.23  the commissioner shall suspend the child's license or permit for 
 77.24  a period of 90 days.  
 77.25     None of the dispositional alternatives described in clauses 
 77.26  (a) to (e) (f) shall be imposed by the court in a manner which 
 77.27  would cause an undue hardship upon the child. 
 77.28     Sec. 35.  Minnesota Statutes 1994, section 260.215, 
 77.29  subdivision 1, is amended to read: 
 77.30     Subdivision 1.  [CERTAIN VIOLATIONS NOT CRIMES.] A 
 77.31  violation of a state or local law or ordinance by a child before 
 77.32  becoming 18 years of age is not a crime unless the juvenile 
 77.33  court: 
 77.34     (1) certifies the matter to the district court in 
 77.35  accordance with the provisions of section 260.125; 
 77.36     (2) transfers the matter to a court in accordance with the 
 78.1   provisions of section 260.193; or 
 78.2      (3) convicts the child as an extended jurisdiction juvenile 
 78.3   and subsequently executes the adult sentence under section 
 78.4   260.126, subdivision 5. 
 78.5      Sec. 36.  Minnesota Statutes 1994, section 260.291, 
 78.6   subdivision 1, is amended to read: 
 78.7      Subdivision 1.  [PERSONS ENTITLED TO APPEAL; PROCEDURE.] 
 78.8   (a) An appeal may be taken by the aggrieved person from a final 
 78.9   order of the juvenile court affecting a substantial right of the 
 78.10  aggrieved person, including but not limited to an order 
 78.11  adjudging a child to be in need of protection or services, 
 78.12  neglected and in foster care, delinquent, or a juvenile traffic 
 78.13  offender.  The appeal shall be taken within 30 days of the 
 78.14  filing of the appealable order.  The court administrator shall 
 78.15  notify the person having legal custody of the minor of the 
 78.16  appeal.  Failure to notify the person having legal custody of 
 78.17  the minor shall not affect the jurisdiction of the appellate 
 78.18  court.  The order of the juvenile court shall stand, pending the 
 78.19  determination of the appeal, but the reviewing court may in its 
 78.20  discretion and upon application stay the order. 
 78.21     (b) An appeal may be taken by an aggrieved person from an 
 78.22  order of the juvenile court on the issue of certification of a 
 78.23  child to district court matter for prosecution under the laws 
 78.24  and court procedures controlling adult criminal violations.  
 78.25  Certification appeals shall be expedited as provided by 
 78.26  applicable rules. 
 78.27     Sec. 37.  [260A.01] [TRUANCY PROGRAMS AND SERVICES.] 
 78.28     The programs in this chapter are designed to provide a 
 78.29  continuum of intervention and services to support families and 
 78.30  children in keeping children in school and combating truancy and 
 78.31  educational neglect.  School districts, county attorneys, and 
 78.32  law enforcement may establish the programs and coordinate them 
 78.33  with other community-based truancy services in order to provide 
 78.34  the necessary and most effective intervention for children and 
 78.35  their families.  This continuum of intervention and services 
 78.36  involves progressively intrusive intervention, beginning with 
 79.1   strong service-oriented efforts at the school and community 
 79.2   level and involving the court's authority only when necessary. 
 79.3      Sec. 38.  [260A.02] [DEFINITIONS.] 
 79.4      Subdivision 1.  [SCOPE.] The definitions in this section 
 79.5   apply to this chapter. 
 79.6      Subd. 2.  [BOARD.] "Board" means a school attendance review 
 79.7   board created under section 260A.05. 
 79.8      Subd. 3.  [CONTINUING TRUANT.] "Continuing truant" means a 
 79.9   child who is subject to the compulsory instruction requirements 
 79.10  of section 120.101 and is absent from instruction in a school, 
 79.11  as defined in section 120.05, without valid excuse within a 
 79.12  single school year for: 
 79.13     (1) three days if the child is in elementary school; or 
 79.14     (2) three or more class periods on three days if the child 
 79.15  is in middle school, junior high school, or high school. 
 79.16     A child is not a continuing truant if the child is 
 79.17  withdrawn from school by the child's parents because of a 
 79.18  dispute with the school concerning the provision of special 
 79.19  education services under the Individuals with Disabilities 
 79.20  Education Act or accommodations and modifications under the 
 79.21  Americans with Disabilities Act, if the parent makes good faith 
 79.22  efforts to provide the child educational services from any other 
 79.23  source.  No parent who withdraws a child from school during a 
 79.24  dispute with the school concerning the provision of special 
 79.25  education services or accommodations and modifications is 
 79.26  required to file home school papers, if the parent provides 
 79.27  written notice to the department of education or the district of 
 79.28  the plan for the child's education. 
 79.29     Nothing in this section shall prevent a school district 
 79.30  from notifying a truant child's parent or legal guardian of the 
 79.31  child's truancy or otherwise addressing a child's attendance 
 79.32  problems prior to the child becoming a continuing truant. 
 79.33     Sec. 39.  [260A.03] [NOTICE TO PARENT OR GUARDIAN WHEN 
 79.34  CHILD IS A CONTINUING TRUANT.] 
 79.35     Upon a child's initial classification as a continuing 
 79.36  truant, the school attendance officer or other designated school 
 80.1   official shall notify the child's parent or legal guardian, by 
 80.2   first-class mail or other reasonable means, of the following: 
 80.3      (1) that the child is truant; 
 80.4      (2) that the parent or guardian should notify the school if 
 80.5   there is a valid excuse for the child's absences; 
 80.6      (3) that the parent or guardian is obligated to compel the 
 80.7   attendance of the child at school pursuant to section 120.101 
 80.8   and parents or guardians who fail to meet this obligation may be 
 80.9   subject to prosecution under section 127.20; 
 80.10     (4) that this notification serves as the notification 
 80.11  required by section 127.20; 
 80.12     (5) that alternative educational programs and services may 
 80.13  be available in the district; 
 80.14     (6) that the parent or guardian has the right to meet with 
 80.15  appropriate school personnel to discuss solutions to the child's 
 80.16  truancy; 
 80.17     (7) that if the child continues to be truant, the parent 
 80.18  and child may be subject to juvenile court proceedings under 
 80.19  chapter 260; 
 80.20     (8) that if the child is subject to juvenile court 
 80.21  proceedings, the child may be subject to suspension, 
 80.22  restriction, or delay of the child's driving privilege pursuant 
 80.23  to section 260.191; and 
 80.24     (9) that it is recommended that the parent or guardian 
 80.25  accompany the child to school and attend classes with the child 
 80.26  for one day. 
 80.27     Sec. 40.  [260A.04] [COMMUNITY-BASED TRUANCY PROJECTS AND 
 80.28  SERVICE CENTERS.] 
 80.29     Subdivision 1.  [ESTABLISHMENT.] (a) Community-based 
 80.30  truancy projects and service centers may be established to: 
 80.31     (1) provide for identification of students with school 
 80.32  attendance problems; 
 80.33     (2) facilitate the provision of services geared to address 
 80.34  the underlying issues that are contributing to a student's 
 80.35  truant behavior; and 
 80.36     (3) provide facilities to receive truant students from 
 81.1   peace officers and probation officers. 
 81.2      (b) Truancy projects and service centers may provide any of 
 81.3   these services and shall provide for referral of children and 
 81.4   families to other appropriate programs and services. 
 81.5      Subd. 2.  [COMMUNITY-BASED ACTION PROJECTS.] Schools, 
 81.6   community agencies, law enforcement, parent associations, and 
 81.7   other interested groups may cooperate to provide coordinated 
 81.8   intervention, prevention, and educational services for truant 
 81.9   students and their families.  Services may include: 
 81.10     (1) assessment for underlying issues that are contributing 
 81.11  to the child's truant behavior; 
 81.12     (2) referral to other community-based services for the 
 81.13  child and family, such as individual or family counseling, 
 81.14  educational testing, psychological evaluations, tutoring, 
 81.15  mentoring, and mediation; 
 81.16     (3) transition services to integrate the child back into 
 81.17  school and to help the child succeed once there; 
 81.18     (4) culturally sensitive programming and staffing; and 
 81.19     (5) increased school response, including in-school 
 81.20  suspension, better attendance monitoring and enforcement, 
 81.21  after-school study programs, and in-service training for 
 81.22  teachers and staff. 
 81.23     Subd. 3.  [TRUANCY SERVICE CENTERS.] (a) Truancy service 
 81.24  centers may be established as facilities to receive truant 
 81.25  students from peace officers and probation officers and provide 
 81.26  other appropriate services.  A truancy service center may: 
 81.27     (1) assess a truant student's attendance situation, 
 81.28  including enrollment status, verification of truancy, and school 
 81.29  attendance history; 
 81.30     (2) assist in coordinating intervention efforts where 
 81.31  appropriate, including checking with juvenile probation and 
 81.32  children and family services to determine whether an active case 
 81.33  is pending and facilitating transfer to an appropriate facility, 
 81.34  if indicated; and evaluating the need for and making referral to 
 81.35  a health clinic, chemical dependency treatment, protective 
 81.36  services, social or recreational programs, or other school or 
 82.1   community-based services and programs described in subdivision 
 82.2   2; 
 82.3      (3) contact the parents or legal guardian of the truant 
 82.4   student and release the truant student to the custody of the 
 82.5   parents, guardian, or other suitable person; and 
 82.6      (4) facilitate the student's earliest possible return to 
 82.7   school. 
 82.8      (b) Truancy service centers may not accept: 
 82.9      (1) juveniles taken into custody for violations of law that 
 82.10  would be crimes if committed by adults; 
 82.11     (2) intoxicated juveniles; 
 82.12     (3) ill or injured juveniles; or 
 82.13     (4) juveniles older than mandatory school attendance age. 
 82.14     (c) Truancy service centers may expand their service 
 82.15  capability in order to receive curfew violators and take 
 82.16  appropriate action, such as coordination of intervention 
 82.17  efforts, contacting parents, and developing strategies to ensure 
 82.18  that parents assume responsibility for their children's curfew 
 82.19  violations. 
 82.20     Sec. 41.  [260A.05] [SCHOOL ATTENDANCE REVIEW BOARDS.] 
 82.21     Subdivision 1.  [ESTABLISHMENT.] A school district may 
 82.22  establish one or more school attendance review boards to 
 82.23  exercise the powers and duties in this section.  The school 
 82.24  district board shall appoint the members of the school 
 82.25  attendance review board and designate the schools within the 
 82.26  board's jurisdiction.  Members of a school attendance review 
 82.27  board may include: 
 82.28     (1) the superintendent of the school district or the 
 82.29  superintendent's designee; 
 82.30     (2) a principal and one or more other school officials from 
 82.31  within the district; 
 82.32     (3) parent representatives; 
 82.33     (4) representatives from community agencies that provide 
 82.34  services for truant students and their families; 
 82.35     (5) a juvenile probation officer; 
 82.36     (6) school counselors and attendance officers; and 
 83.1      (7) law enforcement officers. 
 83.2      Subd. 2.  [GENERAL POWERS AND DUTIES.] A school attendance 
 83.3   review board shall prepare an annual plan to promote interagency 
 83.4   and community cooperation and to reduce duplication of services 
 83.5   for students with school attendance problems.  The plan shall 
 83.6   include a description of truancy procedures and services 
 83.7   currently in operation within the board's jurisdiction, 
 83.8   including the programs and services under section 260A.04.  A 
 83.9   board may provide consultant services to, and coordinate 
 83.10  activities of, truancy programs and services. 
 83.11     Subd. 3.  [OVERSIGHT OF TRUANT STUDENTS.] A school 
 83.12  attendance review board shall oversee referrals of truant 
 83.13  students and provide appropriate intervention and services under 
 83.14  section 260A.06.  The board shall establish procedures for 
 83.15  documenting student attendance and verifying actions and 
 83.16  interventions with respect to truant students and their families.
 83.17     Sec. 42.  [260A.06] [REFERRAL OF TRUANT STUDENTS TO SCHOOL 
 83.18  ATTENDANCE REVIEW BOARD.] 
 83.19     Subdivision 1.  [REFERRAL; NOTICE.] An attendance officer 
 83.20  or other school official may refer a student who is a continuing 
 83.21  truant to the school attendance review board.  The person making 
 83.22  the referral shall provide a written notice by first class mail 
 83.23  or other reasonable means to the student and the student's 
 83.24  parent or legal guardian.  The notice must include the name and 
 83.25  address of the board to which the student has been referred and 
 83.26  the reason for the referral and indicate that the student, 
 83.27  parent or legal guardian, and the referring person will meet 
 83.28  with the board to determine a proper disposition of the referral.
 83.29     Subd. 2.  [MEETING; COMMUNITY SERVICES.] The school 
 83.30  attendance review board shall schedule the meeting described in 
 83.31  subdivision 1 and provide notice of the meeting by first class 
 83.32  mail or other reasonable means to the student, parent or 
 83.33  guardian, and referring person.  If the board determines that 
 83.34  available community services may resolve the attendance problems 
 83.35  of the truant student, the board shall refer the student or the 
 83.36  student's parent or guardian to participate in the community 
 84.1   services.  The board may develop an agreement with the student 
 84.2   and parent or guardian that specifies the actions to be taken.  
 84.3   The board shall inform the student and parent or guardian that 
 84.4   failure to comply with any agreement or to participate in 
 84.5   appropriate community services will result in a referral to the 
 84.6   county attorney under subdivision 3.  The board may require the 
 84.7   student or parent or guardian to provide evidence of 
 84.8   participation in available community services or compliance with 
 84.9   any agreement. 
 84.10     Subd. 3.  [REFERRAL TO COUNTY ATTORNEY; OTHER APPROPRIATE 
 84.11  ACTION.] If the school attendance review board determines that 
 84.12  available community services cannot resolve the attendance 
 84.13  problems of the truant student or if the student or the parent 
 84.14  or guardian has failed to comply with any referrals or 
 84.15  agreements under subdivision 2 or to otherwise cooperate with 
 84.16  the board, the board may: 
 84.17     (1) refer the matter to the county attorney under section 
 84.18  260A.07, if the county attorney has elected to participate in 
 84.19  the truancy mediation program; or 
 84.20     (2) if the county attorney has not elected to participate 
 84.21  in the truancy mediation program, refer the matter for 
 84.22  appropriate legal action against the child or the child's parent 
 84.23  or guardian under chapter 260 or section 127.20. 
 84.24     Sec. 43.  [260A.07] [COUNTY ATTORNEY TRUANCY MEDIATION 
 84.25  PROGRAM.] 
 84.26     Subdivision 1.  [ESTABLISHMENT; REFERRALS.] A county 
 84.27  attorney may establish a truancy mediation program for the 
 84.28  purpose of resolving truancy problems without court action.  If 
 84.29  a student is in a school district that has established a school 
 84.30  attendance review board, the student may be referred to the 
 84.31  county attorney under section 260A.06, subdivision 3.  If the 
 84.32  student's school district has not established a board, the 
 84.33  student may be referred to the county attorney by the school 
 84.34  district if the student continues to be truant after the parent 
 84.35  or guardian has been sent or conveyed the notice under section 
 84.36  260A.03. 
 85.1      Subd. 2.  [MEETING; NOTICE.] The county attorney may 
 85.2   request the parent or legal guardian and the child referred 
 85.3   under subdivision 1 to attend a meeting to discuss the possible 
 85.4   legal consequences of the minor's truancy.  The notice of the 
 85.5   meeting must be served personally or by certified mail at least 
 85.6   five days before the meeting on each person required to attend 
 85.7   the meeting.  The notice must include: 
 85.8      (1) the name and address of the person to whom the notice 
 85.9   is directed; 
 85.10     (2) the date, time, and place of the meeting; 
 85.11     (3) the name of the minor classified as a truant; 
 85.12     (4) the basis for the referral to the county attorney; 
 85.13     (5) a warning that a criminal complaint may be filed 
 85.14  against the parents or guardians pursuant to section 127.20 for 
 85.15  failure to compel the attendance of the minor at school or that 
 85.16  action may be taken in juvenile court; and 
 85.17     (6) a statement that the meeting is voluntary. 
 85.18     Sec. 44.  [299A.326] [YOUTH NEIGHBORHOOD CENTERS; PILOT 
 85.19  PROJECTS ESTABLISHED.] 
 85.20     Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 85.21  commissioner of public safety may establish up to three pilot 
 85.22  projects at neighborhood centers serving youths between the ages 
 85.23  of 11 to 21.  The centers may offer recreational activities, 
 85.24  social services, meals, job skills and career services, and 
 85.25  provide referrals for youths to other available services outside 
 85.26  the centers.  The commissioner may consult with other 
 85.27  appropriate agencies and, to the extent possible, use existing 
 85.28  resources and staff in creating the programs.  The commissioner 
 85.29  shall ensure that the programs, if offered, are adequately 
 85.30  staffed by specially trained personnel and outreach street 
 85.31  workers.  Each center may integrate community volunteers into 
 85.32  the program's activities and services and cooperate with local 
 85.33  law enforcement agencies.  The centers must be open during hours 
 85.34  convenient to youths including evenings, weekends, and extended 
 85.35  summer hours.  However, there may not be any conflicts with 
 85.36  truancy laws.  Each center must have a plan for evaluation 
 86.1   designed to measure the program's effectiveness in aiding youths.
 86.2      Subd. 2.  [ADVISORY BOARD.] The commissioner shall 
 86.3   establish an advisory board to help develop plans and programs 
 86.4   for the youth centers established in subdivision 1.  The 
 86.5   commissioner shall encourage both youths and their families to 
 86.6   participate on the board. 
 86.7      Sec. 45.  Minnesota Statutes 1994, section 364.09, is 
 86.8   amended to read: 
 86.9      364.09 [EXCEPTIONS.] 
 86.10     (a) This chapter does not apply to the licensing process 
 86.11  for peace officers; to law enforcement agencies as defined in 
 86.12  section 626.84, subdivision 1, paragraph (h); to fire protection 
 86.13  agencies; to eligibility for a private detective or protective 
 86.14  agent license; to eligibility for a family day care license, a 
 86.15  family foster care license, or a home care provider license; to 
 86.16  eligibility for school bus driver endorsements; or to 
 86.17  eligibility for special transportation service endorsements.  
 86.18  This chapter also shall not apply to eligibility for a license 
 86.19  issued or renewed by the board of teaching or state board of 
 86.20  education or to eligibility for juvenile corrections employment, 
 86.21  where the offense involved child physical or sexual abuse or 
 86.22  criminal sexual conduct.  
 86.23     (b) This chapter does not apply to a school district or to 
 86.24  eligibility for a license issued or renewed by the board of 
 86.25  teaching or the state board of education.  
 86.26     (c) Nothing in this section precludes the Minnesota police 
 86.27  and peace officers training board or the state fire marshal from 
 86.28  recommending policies set forth in this chapter to the attorney 
 86.29  general for adoption in the attorney general's discretion to 
 86.30  apply to law enforcement or fire protection agencies. 
 86.31     Sec. 46.  Minnesota Statutes 1994, section 466.03, is 
 86.32  amended by adding a subdivision to read: 
 86.33     Subd. 18.  [SCHOOL BUILDING SECURITY.] Any claim based on 
 86.34  injury arising out of a decision by a school or school district 
 86.35  to obtain a fire code variance for purposes of school building 
 86.36  security, if the decision was made in good faith and in 
 87.1   accordance with applicable law governing variances. 
 87.2      Sec. 47.  Minnesota Statutes 1994, section 609.055, 
 87.3   subdivision 2, is amended to read: 
 87.4      Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 87.5   provided in paragraph (b), children of the age of 14 years or 
 87.6   over but under 18 years may be prosecuted for a felony offense 
 87.7   if the alleged violation is duly certified to the district court 
 87.8   for prosecution under the laws and court procedures controlling 
 87.9   adult criminal violations or may be designated an extended 
 87.10  jurisdiction juvenile in accordance with the provisions of 
 87.11  chapter 260.  A child who is 16 years of age or older but under 
 87.12  18 years of age is capable of committing a crime and may be 
 87.13  prosecuted for a felony if: 
 87.14     (1) the child has been previously certified to the district 
 87.15  court on a felony charge pursuant to a hearing under section 
 87.16  260.125, subdivision 2, or pursuant to the waiver of the right 
 87.17  to such a hearing, or prosecuted pursuant to this subdivision; 
 87.18  and 
 87.19     (2) the child was convicted of the felony offense or 
 87.20  offenses for which the child was prosecuted or of a lesser 
 87.21  included felony offense. 
 87.22     (b) A child who is alleged to have committed murder in the 
 87.23  first degree after becoming 16 years of age is capable of 
 87.24  committing a crime and may be prosecuted for the felony.  This 
 87.25  paragraph does not apply to a child alleged to have committed 
 87.26  attempted murder in the first degree after becoming 16 years of 
 87.27  age. 
 87.28     Sec. 48.  Minnesota Statutes 1994, section 609.605, 
 87.29  subdivision 4, is amended to read: 
 87.30     Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
 87.31  misdemeanor for a person to enter or be found in a public or 
 87.32  nonpublic elementary, middle, or secondary school building 
 87.33  unless the person: 
 87.34     (1) is an enrolled student in, a parent or guardian of an 
 87.35  enrolled student in, or an employee of the school or school 
 87.36  district; 
 88.1      (2) has permission or an invitation from a school official 
 88.2   to be in the building; 
 88.3      (3) is attending a school event, class, or meeting to which 
 88.4   the person, the public, or a student's family is invited; or 
 88.5      (4) has reported the person's presence in the school 
 88.6   building in the manner required for visitors to the school. 
 88.7      (b) It is a gross misdemeanor for a group of three or more 
 88.8   persons to enter or be found in a public or nonpublic 
 88.9   elementary, middle, or secondary school building unless one of 
 88.10  the persons: 
 88.11     (1) is an enrolled student in, a parent or guardian of an 
 88.12  enrolled student in, or an employee of the school or school 
 88.13  district; 
 88.14     (2) has permission or an invitation from a school official 
 88.15  to be in the building; 
 88.16     (3) is attending a school event, class, or meeting to which 
 88.17  the person, the public, or a student's family is invited; or 
 88.18     (4) has reported the person's presence in the school 
 88.19  building in the manner required for visitors to the school. 
 88.20     (c) It is a misdemeanor for a person to enter or be found 
 88.21  on school property within six months after being told by the 
 88.22  school principal or the principal's designee to leave the 
 88.23  property and not to return, unless the principal or the 
 88.24  principal's designee has given the person permission to return 
 88.25  to the property.  As used in this paragraph, "school property" 
 88.26  has the meaning given in section 152.01, subdivision 14a, 
 88.27  clauses (1) and (3). 
 88.28     (c) (d) A school principal or a school employee designated 
 88.29  by the school principal to maintain order on school property, 
 88.30  who has reasonable cause to believe that a person is violating 
 88.31  this subdivision may detain the person in a reasonable manner 
 88.32  for a reasonable period of time pending the arrival of a peace 
 88.33  officer.  A school principal or designated school employee is 
 88.34  not civilly or criminally liable for any action authorized under 
 88.35  this paragraph if the person's action is based on reasonable 
 88.36  cause. 
 89.1      (d) (e) A peace officer may arrest a person without a 
 89.2   warrant if the officer has probable cause to believe the person 
 89.3   violated this subdivision within the preceding four hours.  The 
 89.4   arrest may be made even though the violation did not occur in 
 89.5   the peace officer's presence. 
 89.6      Sec. 49.  Minnesota Statutes 1994, section 641.14, is 
 89.7   amended to read: 
 89.8      641.14 [JAILS; SEPARATION OF PRISONERS.] 
 89.9      The sheriff of each county is responsible for the operation 
 89.10  and condition of the jail.  If construction of the jail permits, 
 89.11  the sheriff shall maintain strict separation of prisoners to the 
 89.12  extent that separation is consistent with prisoners' security, 
 89.13  safety, health, and welfare.  The sheriff shall not keep in the 
 89.14  same room or section of the jail: 
 89.15     (1) a minor under 18 years old and a prisoner who is 18 
 89.16  years old or older, unless: 
 89.17     (i) the minor has been committed to the commissioner of 
 89.18  corrections under section 609.105 or; 
 89.19     (ii) the minor has been referred for adult prosecution and 
 89.20  the prosecuting authority has filed a notice of intent to 
 89.21  prosecute the matter for which the minor is being held under 
 89.22  section 260.125; or 
 89.23     (iii) the minor is 16 or 17 years old and has been indicted 
 89.24  for murder in the first degree; and 
 89.25     (2) a female prisoner and a male prisoner; and 
 89.26     (3) a minor under 18 years old and an extended jurisdiction 
 89.27  juvenile 18 years old or older who is alleged to have violated 
 89.28  the conditions of the stay of execution. 
 89.29     Sec. 50.  [AMENDMENTS TO RULES DIRECTED.] 
 89.30     The commissioners of corrections and human services shall 
 89.31  jointly amend their licensing rules to: 
 89.32     (1) allow residential facilities to admit 18- and 
 89.33  19-year-old extended jurisdiction juveniles; 
 89.34     (2) require licensed facilities to develop policies and 
 89.35  procedures for appropriate programming and housing separation of 
 89.36  residents according to age; and 
 90.1      (3) allow the commissioners the authority to approve the 
 90.2   policies and procedures authorized by clause (2) for the 
 90.3   facilities over which they have licensing authority. 
 90.4      Sec. 51.  [COMMISSIONERS TO ADOPT RULES REGARDING SECURE 
 90.5   TREATMENT FACILITIES.] 
 90.6      The commissioners of corrections and human services shall 
 90.7   jointly adopt licensing rules requiring all facilities to 
 90.8   develop operating policies and procedures for the continued use 
 90.9   of secure treatment placement.  These policies and procedures 
 90.10  must include timelines for the review of individual cases to 
 90.11  determine the continuing need for secure placement and criteria 
 90.12  for movement of juveniles to less restrictive parts of the 
 90.13  facilities. 
 90.14     Sec. 52.  [EDUCATIONAL PROGRAM FOR JUVENILE COURT PROCESS.] 
 90.15     The supreme court is requested to establish, by January 1, 
 90.16  1997, an educational program explaining the juvenile court 
 90.17  system for use in juvenile courts under Minnesota Statutes, 
 90.18  section 260.042.  The program may include information on court 
 90.19  protocol and process.  The court, in developing the program, may 
 90.20  invite input from juveniles and their families and may consult 
 90.21  with attorneys, judges, representatives of communities of color, 
 90.22  and agencies and organizations with expertise in the area of 
 90.23  juvenile justice. 
 90.24     The court, in conjunction with these individuals and 
 90.25  organizations, may develop materials such as videos and 
 90.26  handbooks to be used in the program and may direct that all 
 90.27  professionals involved in the juvenile justice system assume 
 90.28  responsibility for the program's implementation. 
 90.29     Sec. 53.  [WORK GROUP CREATED.] 
 90.30     The commissioner of human services shall convene a work 
 90.31  group to develop a mechanism for including child maltreatment 
 90.32  reports in the criminal history background checks that are 
 90.33  required to be performed on school employee and teacher license 
 90.34  applicants under Minnesota Statutes, sections 120.1045 and 
 90.35  125.05, subdivision 8.  The work group also shall consider the 
 90.36  data privacy issues raised by including these reports in the 
 91.1   background checks and any other related issues. 
 91.2      The work group shall include representatives of the state 
 91.3   board of education, the board of teaching, the school boards 
 91.4   association, the commissioner of education, and the 
 91.5   superintendent of the bureau of criminal apprehension.  The work 
 91.6   group shall report its findings and recommendations to the 
 91.7   legislature by January 15, 1996. 
 91.8      Sec. 54.  [COMMISSIONER OF CORRECTIONS; GRANTS TO COUNTIES 
 91.9   FOR JUVENILE PROGRAMMING.] 
 91.10     The commissioner of corrections shall provide grants to 
 91.11  counties to provide a comprehensive continuum of care to 
 91.12  juveniles at high risk to become extended jurisdiction juveniles 
 91.13  or who are extended jurisdiction juveniles under the county's 
 91.14  jurisdiction. 
 91.15     Counties may apply to the commissioner for grants in a 
 91.16  manner specified by the commissioner but must identify the 
 91.17  following in writing: 
 91.18     (1) the amount of money currently being spent by the county 
 91.19  for juvenile programming; 
 91.20     (2) what gaps currently exist in providing a comprehensive 
 91.21  continuum of care to juveniles within the county; 
 91.22     (3) what specific steps will be taken and what specific 
 91.23  changes will be made to existing programming to reduce the 
 91.24  juvenile reoffense rate; 
 91.25     (4) what new programming will be provided to fill the gaps 
 91.26  identified in clause (2) and how it will lower the juvenile 
 91.27  reoffense rate; 
 91.28     (5) how the new programming and services will address the 
 91.29  culturally specific needs of juvenile offenders of color; and 
 91.30     (6) how the new programming and services will address the 
 91.31  needs of female juvenile offenders. 
 91.32     Counties that receive grants under this section shall 
 91.33  inform the commissioner by October 15, 1996, about the use of 
 91.34  the grant money and their experiences with the new programs and 
 91.35  services funded by the grants.  The commissioner shall evaluate 
 91.36  the grant program based on the information the commissioner 
 92.1   receives from counties and on any other information the 
 92.2   commissioner has and shall forward findings and recommendations 
 92.3   to the chairs of the senate crime prevention finance division 
 92.4   and the house judiciary finance committee by January 15, 1997. 
 92.5      For purposes of this section, a comprehensive continuum of 
 92.6   care may include: 
 92.7      (1) secondary prevention programs or services that minimize 
 92.8   the effect of characteristics which identify individuals as 
 92.9   members of high-risk groups; 
 92.10     (2) tertiary prevention programs or services that are 
 92.11  provided after violence or antisocial conduct has occurred and 
 92.12  which are designed to prevent its recurrence; 
 92.13     (3) programs or services that are treatment focused and 
 92.14  offer an opportunity for rehabilitation; 
 92.15     (4) punishment of juveniles, as provided by applicable law, 
 92.16  including long-term secure postadjudication placement; and 
 92.17     (5) transition programs or services designed to reintegrate 
 92.18  juveniles discharged from residential programs into the 
 92.19  community. 
 92.20     The commissioner shall encourage nongovernmental, 
 92.21  community-based services and programs to apply for grants under 
 92.22  this section.  None of the money may be used to pay for current 
 92.23  programs and services or for county attorney preadjudicated 
 92.24  juvenile diversion programs. 
 92.25     Sec. 55.  [YOUTH PLACEMENT PROFILE STUDY.] 
 92.26     The commissioner of corrections shall solicit proposals 
 92.27  from juvenile justice research agencies to study the profiles of 
 92.28  juveniles placed at Red Wing and Sauk Centre.  By August 1, 
 92.29  1995, the commissioner shall contract to have the study 
 92.30  conducted.  The agency selected to perform the study shall use a 
 92.31  validated risk-assessment instrument that determines the level 
 92.32  of risk a juvenile presents based on the seriousness of the 
 92.33  offense and past delinquency history and assesses the juvenile's 
 92.34  treatment needs.  The study must specifically examine the type 
 92.35  of offender placed in the facilities, make recommendations on 
 92.36  whether current placement policy makes optimal use of the 
 93.1   facilities, and, if necessary, recommend changes in placement 
 93.2   policies.  By February 15, 1996, the commissioner shall report 
 93.3   to the chairs of the senate crime prevention and house judiciary 
 93.4   committees on the results of the study. 
 93.5      Sec. 56.  [TASK FORCE ON JUVENILE FACILITY ALTERNATIVES.] 
 93.6      Subdivision 1.  [TASK FORCE ESTABLISHED.] A task force is 
 93.7   established to study how services are provided to juveniles in 
 93.8   residential facilities.  The task force shall study various 
 93.9   residential juvenile offender programs, both public and private. 
 93.10  The task force shall develop plans addressing alternative 
 93.11  methods by which the services, programs, and responsibilities 
 93.12  for the class of juvenile offenders currently sent to the 
 93.13  department of corrections facilities at Red Wing and Sauk Centre 
 93.14  may be provided. 
 93.15     Subd. 2.  [REPORT REQUIRED.] The task force shall report 
 93.16  its findings and recommendations to the chairs of the senate 
 93.17  crime prevention and house of representatives judiciary 
 93.18  committees by February 15, 1996.  The report must include an 
 93.19  analysis of the programmatic and demographic differences with 
 93.20  special emphasis on those methods and programs which have 
 93.21  demonstrated rates of success.  The report must also outline how 
 93.22  the programs, services, control, and supervision of juvenile 
 93.23  offenders served by the state facilities at Red Wing and Sauk 
 93.24  Centre could be delivered in ways that have the potential of 
 93.25  reducing the reoffense rates.  The report must also include the 
 93.26  cost-effectiveness and feasibility of options, including private 
 93.27  contracts for programs and services or local government delivery 
 93.28  of services and programs, the delivery of new and creative 
 93.29  programs and services to these juveniles by the state, or any 
 93.30  combination which has the potential of reducing the rate of 
 93.31  reoffending among this group of juvenile offenders. 
 93.32     Subd. 3.  [POSSIBLE PROGRAM PHASE OUT.] If the task force 
 93.33  recommends the phasing out of juvenile offender programs at Red 
 93.34  Wing or Sauk Centre, or both, then the task force shall also 
 93.35  recommend alternative programming and locations for serving this 
 93.36  class of juveniles and recommend alternative cost-effective uses 
 94.1   for the facilities.  The question of the future use of either 
 94.2   the Red Wing or Sauk Centre facility is reserved until the 1996 
 94.3   legislative session has considered the report of the task force. 
 94.4      Subd. 4.  [MEMBERSHIP.] By July 1, 1995, the speaker of the 
 94.5   house of representatives and majority leader of the senate shall 
 94.6   appoint individuals who have demonstrated experience in the 
 94.7   juvenile justice field and who are representatives or designees 
 94.8   of the following to serve as members of the task force: 
 94.9      (1) the commissioner of corrections; 
 94.10     (2) a public defender; 
 94.11     (3) a prosecutor; 
 94.12     (4) two juvenile corrections specialists from nonpublic 
 94.13  service providers; 
 94.14     (5) a juvenile court judge; 
 94.15     (6) a community corrections county; 
 94.16     (7) a noncommunity corrections county; 
 94.17     (8) two public members, at least one of whom is a parent of 
 94.18  a child who was a client in the juvenile justice system; 
 94.19     (9) an educator; and 
 94.20     (10) one staff member from each facility, one of whom 
 94.21  represents the unionized employees selected by the exclusive 
 94.22  representative of that facility. 
 94.23     In addition, at least one majority and one minority member 
 94.24  of the senate and one majority and one minority member of the 
 94.25  house of representatives shall serve on the task force.  After 
 94.26  consultation with the commissioner of corrections, the 
 94.27  legislative members of the task force shall select its chair. 
 94.28     Sec. 57.  [PLAN FOR TRACKING JUVENILE REOFFENSE RATE; 
 94.29  REPORT.] 
 94.30     The criminal and juvenile justice information policy group, 
 94.31  in cooperation with the supreme court, the commissioner of 
 94.32  corrections, and the superintendent of the bureau of criminal 
 94.33  apprehension, shall develop a plan for obtaining and compiling 
 94.34  the names of juvenile offenders and for tracking and reporting 
 94.35  juvenile reoffense rates.  This plan must examine the initial 
 94.36  analysis and design work done by the supreme court under Laws 
 95.1   1994, chapter 576, section 67, subdivision 8, to determine a 
 95.2   timetable for implementing the plan and whether additional 
 95.3   technology will be necessary.  By January 15, 1996, the criminal 
 95.4   and juvenile justice information policy group shall report to 
 95.5   the chairs of the senate crime prevention and house judiciary 
 95.6   committees on the plan. 
 95.7      Sec. 58.  [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL 
 95.8   HEALTH.] 
 95.9      Subdivision 1.  [EXPANDED PROJECTS.] The Institute for 
 95.10  Child and Adolescent Sexual Health shall continue to provide 
 95.11  intervention services for children aged 8 to 10 who are 
 95.12  exhibiting sexually aggressive behavior and who are not 
 95.13  currently receiving any treatment.  The institute shall 
 95.14  establish at least one pilot project to develop and implement an 
 95.15  earlier intervention strategies program for younger children 
 95.16  identified as high risk to become sex offenders. 
 95.17     Subd. 2.  [REPORT.] The Institute for Child and Adolescent 
 95.18  Sexual Health shall report to the chairs of the senate crime 
 95.19  prevention and house of representatives judiciary committees 
 95.20  before March 1, 1996, on the status and preliminary findings of 
 95.21  the pilot project. 
 95.22     Sec. 59.  [RAMSEY COUNTY; JUVENILE VIOLENCE PREVENTION AND 
 95.23  ENFORCEMENT UNIT; MEMBERS; DUTIES.] 
 95.24     The county of Ramsey may establish a pilot project that 
 95.25  creates a juvenile violence prevention and enforcement unit 
 95.26  consisting of one prosecutor, one investigating officer, one 
 95.27  legal assistant, and one victim/witness coordinator. 
 95.28     The juvenile violence prevention and enforcement unit shall:
 95.29     (1) target, investigate, and prosecute juveniles who commit 
 95.30  crimes using dangerous weapons, as defined in Minnesota 
 95.31  Statutes, section 609.02, subdivision 6; 
 95.32     (2) identify, track, investigate, and prosecute persons who 
 95.33  furnish dangerous weapons to juveniles; 
 95.34     (3) work closely with other members of the criminal justice 
 95.35  system, including other local jurisdictions, the Bureau of 
 95.36  Alcohol, Tobacco, and Firearms of the United States Treasury 
 96.1   Department, and out-of-state agencies involved in investigating 
 96.2   and prosecuting juvenile violence; and 
 96.3      (4) develop a collaborative relationship with neighborhoods 
 96.4   and communities that are involved with the juvenile violence 
 96.5   prevention problem. 
 96.6      Sec. 60.  [SECURE AND NONSECURE RESIDENTIAL TREATMENT 
 96.7   FACILITIES.] 
 96.8      Subdivision 1.  [RULES REQUIRED; COMMITTEE 
 96.9   ESTABLISHED.] The commissioners of corrections and human 
 96.10  services shall jointly adopt licensing and programming rules for 
 96.11  the secure and nonsecure residential treatment facilities that 
 96.12  they license and shall establish an advisory committee to 
 96.13  develop these rules.  The committee shall develop consistent 
 96.14  general licensing requirements for juvenile residential care, 
 96.15  enabling facilities to provide appropriate services to juveniles 
 96.16  with single or multiple problems.  The rules shall establish 
 96.17  program standards with an independent auditing process by July 
 96.18  1997. 
 96.19     Subd. 2.  [STANDARDS.] The standards to be developed in the 
 96.20  rules must require: 
 96.21     (1) standards for the management of the program including: 
 96.22     (i) a board of directors or advisory committee for each 
 96.23  facility which represents the interests, concerns, and needs of 
 96.24  the clients and community being served; 
 96.25     (ii) appropriate grievance and appeal procedures for 
 96.26  clients and families; and 
 96.27     (iii) use of an ongoing internal program evaluation and 
 96.28  quality assurance effort at each facility to monitor program 
 96.29  effectiveness and guide the improvement of services provided, 
 96.30  evaluate client and family satisfaction with each facilities' 
 96.31  services, and collect demographic information on clients served 
 96.32  and outcome measures relative to the success of services; and 
 96.33     (2) standards for programming including: 
 96.34     (i) specific identifiable criteria for admission and 
 96.35  discharge; 
 96.36     (ii) written measurable goals for each client; 
 97.1      (iii) development of a no-eject policy by which youths are 
 97.2   discharged based on successful completion of individual goals 
 97.3   and not automatically discharged for behavioral transgressions; 
 97.4      (iv) individual plans for transitional services that 
 97.5   involve youths, their families, and community resources to 
 97.6   accomplish community integration and family reunification where 
 97.7   appropriate; 
 97.8      (v) cultural sensitivity, including the provision of 
 97.9   interpreters and English language skill development to meet the 
 97.10  needs of the facilities' population; 
 97.11     (vi) use of staff who reflect the ethnicity of the clients 
 97.12  served, wherever possible; 
 97.13     (vii) provision of staff training in cultural sensitivity 
 97.14  and disability awareness; 
 97.15     (viii) capability to respond to persons with disabilities; 
 97.16  and 
 97.17     (ix) uniform education programs that provide for year-round 
 97.18  instruction; and 
 97.19     (3) a program audit procedure which requires regular 
 97.20  unbiased program audits and reviews to determine if the 
 97.21  facilities continue to meet the standards established in statute 
 97.22  and rule and the needs of the clients and community. 
 97.23     Subd. 3.  [MEMBERSHIP.] The commissioners of corrections 
 97.24  and human services or their designee shall serve as co-chairs of 
 97.25  the rulemaking committee.  The co-chairs shall invite 
 97.26  individuals who have demonstrated experience in the juvenile 
 97.27  justice field to serve on the committee; including, but not 
 97.28  limited to, representatives or designees of the departments of 
 97.29  corrections, human services, and education, the private sector, 
 97.30  and other juvenile facility stakeholders.  The commissioners 
 97.31  shall ensure that family members of juveniles, representatives 
 97.32  of communities of color, and members of advocacy groups serve on 
 97.33  the rulemaking committee and shall schedule committee meetings 
 97.34  at times and places that ensure representation by these 
 97.35  individuals. 
 97.36     Subd. 4.  [TIME LINES.] By December 1, 1996, the rulemaking 
 98.1   committee shall submit draft rule parts which address the 
 98.2   program standards, evaluation, and auditing standards and 
 98.3   procedures to the chairs of the senate crime prevention and 
 98.4   house of representatives judiciary committee for review.  By 
 98.5   July 31, 1997, the licensing and programming rulemaking process 
 98.6   shall be completed. 
 98.7      Subd. 5.  [LICENSING.] The commissioners of corrections and 
 98.8   human services may not license facilities that fail to meet 
 98.9   programming standards after they are adopted. 
 98.10     Sec. 61.  [STUDY OF SECURE TREATMENT FACILITIES.] 
 98.11     The commissioner of corrections, in consultation with the 
 98.12  commissioner of human services, shall conduct a study on the use 
 98.13  of secure treatment facilities for juveniles in the state and 
 98.14  shall submit a written report to the governor and the 
 98.15  legislature by January 15, 1997.  The report must contain the 
 98.16  commissioners' findings, along with demographic data and 
 98.17  recommendations concerning the use of admission criteria. 
 98.18     Sec. 62.  [CRIME PREVENTION; TARGETED EARLY INTERVENTION.] 
 98.19     Subdivision 1.  [ESTABLISHMENT.] The commissioner of public 
 98.20  safety in cooperation with the commissioners of education, human 
 98.21  services, and corrections, shall establish a demonstration 
 98.22  project to address the needs of children under the age of ten 
 98.23  whose behaviors indicate that they are at high risk of future 
 98.24  delinquency.  The project will be designed to develop standards 
 98.25  and model programming for targeted early intervention to prevent 
 98.26  crime and delinquency. 
 98.27     Subd. 2.  [PROGRAM REQUIREMENTS.] Counties eligible for 
 98.28  grants under this section shall develop projects which operate 
 98.29  out of the office of the county attorney or the local social 
 98.30  services agency and include: 
 98.31     (1) a provision for joint service delivery involving 
 98.32  schools, law enforcement, social services, county attorney, and 
 98.33  community corrections to address multiple needs of children and 
 98.34  the family, demonstrate improved methods of service delivery, 
 98.35  and prevent delinquent behavior; 
 98.36     (2) identification of children at risk that can be made 
 99.1   from existing target populations including, but not limited to, 
 99.2   delinquents under age ten, elementary truants, and children 
 99.3   under age five receiving mental health services due to their 
 99.4   violent behavior; police, schools, and community agencies may 
 99.5   also identify children at risk; 
 99.6      (3) demonstration of standards and model programming 
 99.7   including, but not limited to, model case planning, correlation 
 99.8   of at-risk behaviors and factors to correct those behaviors, 
 99.9   clear identification and use of factors which are predictive of 
 99.10  delinquency, indices of child well-being, success measures tied 
 99.11  to child well-being, time frames for achievement of success 
 99.12  measures, a plan for progressively intrusive intervention, and 
 99.13  use of juvenile court intervention and criminal court 
 99.14  intervention; and 
 99.15     (4) a comprehensive review of funding and other sources 
 99.16  available to children under this demonstration project in order 
 99.17  to identify fiscal incentives and disincentives to successful 
 99.18  service delivery. 
 99.19     Subd. 3.  [REPORT.] The commissioner of public safety, at 
 99.20  the end of the project, shall report findings and 
 99.21  recommendations to the legislature on the standards and model 
 99.22  programming developed under the demonstration project to guide 
 99.23  the design of targeted early intervention services to prevent 
 99.24  crime and delinquency. 
 99.25     Sec. 63.  [TRUANCY REDUCTION GRANT PILOT PROGRAM.] 
 99.26     Subdivision 1.  [ESTABLISHMENT.] A truancy reduction grant 
 99.27  pilot program is established to help school districts, county 
 99.28  attorneys, and law enforcement officials work collaboratively to 
 99.29  improve school attendance and to reduce truancy. 
 99.30     Subd. 2.  [EXPECTED OUTCOMES.] Grant recipients shall use 
 99.31  the funds for programs designed to assist truant students and 
 99.32  their families in resolving attendance problems without court 
 99.33  intervention.  Recipient programs must be designed to reduce 
 99.34  truancy and educational neglect, and improve school attendance 
 99.35  rates, by: 
 99.36     (1) providing early intervention and a continuum of